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Home My WebLink About09710 ORD - 04/08/1970TEXAS: AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASE- MENT TO HUMBLE PIPE LINE COMPANY, A CORPORATION HAV- ING AN OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, TEXAS, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 41, PETROLEUM PRODUCTS PIPELINE ALONG AND UNDER CITY STREETS ALONG THE ROUTE SHOWN ON THE MAP ATTACHED HERETO AND MARKED EXHIBIT "A ", AND UNDER AND ACROSS WALDRON ROAD, YORKTOWN BLVD., CARIBBEAN (NOT OPEN), GLENOAK DRIVE, FLOUR BLUFF ROAD AND DIVISION ROAD NNOPEN), AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AND DELIVER TO HUMBLE PIPE LINE COMPANY, A CORPORATION HAVING AN OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 41, PETROLEUM PRODUCTS (INCLUDING CRUDE GiL AND GAS) PIPELINE ALONG AND UNDER-CITY S1kEETS ALONG THE ROUTE SHOWN ON THE MAP ATTACHED HERETO AND MARKED EXHIBIT "A ", AND UNDER AND ACROSS WALDRON ROAD, YORKTOWN BOULEVARD, CARIBBEAN (NOT OPEN), GLENOAK DRIVE, FLOUR BLUFF ROAD AND DIVISION ROAD (UNOPEN), ALL AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN. SECTION Z. THE NECESSITY FOR COMMENCEMENT OF CONSTRUCTION OF THE AFORESAID PIPELINE AT THE LOCATION ABOVE DESCRIBED CREATES A PUBLIC EMER- GENCY AND AN-IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULLFORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO.ORDAINED, THIS THE-,&& DAY OF APRIL, 1970. / ATTEST: CITY SECRETA Y �/ ` APPf{QVED: � ' / %a CITY ATTORk Y CITY OF CORPUS CHRISTI, TEXAS 3 REVOCABLE EASEMENT THE STATE OF TEXAS Z KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I That the City of Corpus Christi, Texas, acting by and through its duly authorized City Manager, R. Marvin Townsend, for and in consid- eration of the sum of•One Dollar ($1.00) to it in hand paid by Humble Pipe Line Company, a Delaware corporation, organized, existing and doing busi- ness under the laws of the State of Texas, and having an office and place of business in Houston, Harris County, Texas, the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed, and by these presents does grant, sell and convey upon the conditions herein- after stated, unto the said Humble Pipe Line Company the right to lay, construct, operate, maintain, repair and remove a certain four -inch (4 ") petroleum products (including crude oil and gas) pipeline for the trans- portation of liquid petroleum products, including crude oil and gas, within, beneath, along and across certain streets within the City of Corpus Christi, Texas as follows: Along Waldron Road from the King Ranch Gate to Yorktown Road; along Yorktown Road to Flour Bluff Drive; along Flour Bluff Drive, in a northerly direction, to a point in an existing pipeline location about 2071 feet north of Purdue Road and across Waldron Road, Yorktown Blvd., Caribbean (not open), Glenoak Drive, Flour Bluff Road, and Division Road (unopen), and as shown on map marked Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the said Humble Pipe Line Company, its successors and assigns, together with the right and privilege under the conditions and terms hereof, at any time and all times to enter upon the above parcels or tracts of land for the purpose of constructing and maintaining the said pipeline for transportation of petroleum products (including crude oil and gas) under and across said property, and it is further understood that the foregoing easement and right is granted upon the following conditions: (A) It is understood and agreed that the right and easement herein granted may be revoked at any time by the City of Corpus Christi, Texas, and Grantee may be required to remove its pipeline upon thirty (30) days notice in writing. (B) Grantee will save and keep harmless the City of Corpus Christi, Texas, from any and all claims for liability by reason of the construction of said pipeline, or the operation or maintenance thereof. (C) Grantee will repair or cause to be repaired any damage to STREET, SEWER, STORM SEWER, DRAINAGE FACILITY any underground lines, wires or pipes owned by tie City of Corpus Christi, OR HOLDERS OF ANY FRANCHISE FROM THE CITY, if said damage results by reason of the construction of said pipeline or the operation or maintenance thereof. Grantee will apply to the Director of Public Works for a permit before disturbing any part of any street or sidewalk area and perform the work in accordance with the permit and all City ordinances applicable. Grantee will restore to its prior condition all roads and drainageways, and repair all damage to said roads caused by Grantee by reason of construction or maintenance or removal or repair of any pipeline, and keep said roads open to traffic at all times. (D) All rights granted hereby shall be subordinate to all uses by the City and shall, upon notice by the City, conform to such other uses as the City may make of such portion of said streets or public rights of way for public uses. I (E) Grantee will cause the pipeline to be covered with 36 inches or more of earth cover and no part of the installation shall extend above the surface of the ground, except markers off the public right of way and drainageway crossings. (F) Grantee will erect markers on both sides of streets where pipeline crosses a street and also at all points where such pipeline enters or leaves a street. Such marker shall be of iron and placed at the edge of the public right of way. (G) Grantee will adjust or relocate the above described pipe- line, if necessary, for the construction of any public utilities or change in street grade or patterns of the streets at the points above described. -2- IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of , 1970- ATTEST: CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1970: City Attorney THE STATE OF TEXAS 0 COUNTY OF NUECES D BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1970. Notary Public in and for Nueces County, Texas -3- The above grant and easement is hereby accepted this the day of , 1970, by Humble Pipe Line Company, and said corporation agrees to keep and perform the conditions imposed by said grant and easement and that it is bound by all of the terms of the same. HUMBLE PIPE LINE COMPANY By I TIM STATE OF TEXAS �( COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person and officer whose name is subscri ed to the foregoing instrument and acknowledged to me that the same was the act of the said Humble Pipe Line Company, a corporation, and that he executed the same as the act of such corporation, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1970. Notary Public in and for Harris County, Texas '� li � L-t � t - -_ .—'.'— r • I l I J 4. 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Corpus Christi, Texas day of 19 Z TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, • _ IA OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick "Bradley, Jr. Eduardo E. de Ases ` Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fol owing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts Ronnie Sizemore