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Home My WebLink About10037 ORD - 12/16/1970JKF :IC -y -(U AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO AMERICAN PETROFINA COMPANY OF TEXAS, A CORPORATION HAVING AN OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE (1) 2 -3/5" FLOW LINE TO CROSS BUCKHOLT ROAD 330 FEET SOUTH OF HIGHWAY 1414, 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, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AND DELIVER TO AMERICAN PETROFINA COMPANY OF TEXAS, A CORPORATION HAVING AN OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, AN INSTRUMENT OF REVOCABLE EASEMENT, AS DESCRIBED HEREIN AND ANNEXED HERETO, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 2 -3/8" FLOW LINE UNDER BUCKHOLT ROAD,330 FEET SOUTH OF HIGHWAY 44, 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 21 THE NECESSITY FOR COMMENCEMENT OF CONSTRUCTION OF THE AFORESAID FLOW LINE AT THE LOCATION ABOVE DESCRIBED CREATES A PUBLIC EMERGENCY 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 FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY. SO ORDAINED, THIS THE DAY OF DECEMBER, 1970- ATTEST: CITY ECRE ARY <1 TOR _ 1� THE CITY OF CORPUS CHRISTI, TEXAS lqAt D Y OF DEJqEh1B , 1970: CITY/A TTORNEY �-®®3 9 REVOCABLE EASEMENT THE STATE OF "TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, R. MARVIN TOWNSEND, FOR AND IN CONSIDER A- T19N OF THE SUM OF ONE HUNDRED DOLLARS ($100.00) TO IT IN HAND PAID BY AMERICAN PETROFINA COMPANY OF TEXAS, A PRIVATE CORPORATION, ORGANIZED, EXISTING AND DOING BUSINESS UNDER THE LAWS OF THE STATE OF TEXAS, AND HAVING AN OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES 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 HEREINAFTER STATED, UNTO THE SAID AMERICAN PETROFINA COMPANY OF TEXAS THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE (1) 2 -3/8" FLOW LINE FROM SAID COMPANY'S WELL NO. Z TO WELL NO. 1, TO CROSS UNDER BUCKHOLT ROAD, 330 FEET SOUTH OF HIGHWAY 44, SAID CROSSING TO BE BORED AND SAID LINE TO BE CASED WITH 5 -1/21 15.5# CASING WHICH WILL EXTEND 10 FEET BEYOND EACH EDGE OF THE PAVEMENT. THE TOP OF THE CASING TO BE PLACED AT LEAST 36" BELOW THE EXISTING DITCH GRADE, AND TWO -INCH VENT PIPES TO BE INSTALLED ON EACH EDGE OF THE CROSSING, SAID CROSSING TO BE AS MORE FULLY SET OUT, OR SUBSTANTIALLY IN COMPLIANCE WITH THE DRAWINGSATTACHED HERETO. TO HAVE AND TO HOLD THE.SAME UNTO THE SAID AMERICAN PETROFINA COMPANY OF TEXAS, ITS SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRIVILEGE AT ANY AND ALL TIMES TO ENTER UPON THE ABOVE STRIP OF LAND FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING THE SAID PIPELINE FOR TRANS- PORTATION OF OIL, GAS AND/OR OTHER HYDROCARBONS AT SAID LOCATION, 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 PIPELINES OR THE OPERATIONS MAINTENANCE OR EXIST- ENCE THEREOF. (C) GRANTEE WILL REPAIR OR CAUSE TO BE REPAIRED ANY DAMAGE TO ANY STREETS SEWERS STORM SEWER, DRAINAGE FACILITY UNDERGROUND LINES WIRES OR,PIPES OWNED BY THE CITY OF CORPUS CHRISTI OR HOLDERS OF ANY FRANCHISE FROM THE CITY BY REASON OF THE CONSTRUCTION OF SAID PIPELINE AND THE OPERATION AND 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. (D) ALL RIGHTS GRANTED HEREBY SHALL BE SUBORDINATE TO ALL USES AS THE CITY MAY MAKE OF SUCH STREET FOR PUBLIC PURPOSES. TWO (2) MAPS, PLATS AND ENGINEERING DRAWINGS HAVE BEEN FILED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS SHOWING ALL DETAILS OF INSTALLATION AND CON- STRUCTION, INCLUDING DEPTH OF INSTALLATION PROPOSED TO CONFORM AND COMPLY WITH CITY REQUIREMENTS OF SUCH OFFICE AS TO ENGINEERING SPECIFICATIONS AS FOLLOWS: (1) LINE WILL BE CASED WITH 5 -124 15.5# CASING WHICH WILL EXTEND 10 FEET BEYOND EACH EDGE OF THE PAVEMENT. STREET SHALL NOT BE CLOSED TO ALL TRAFFIC AT ANY TIME. GRANTEE SHALL PROVIDE FOR THROUGH TRAFFIC AT ALL TIMES. (2) LINE IS TO BE LAID BY CUTTING RIGHT OF WAY. PIPELINE WILL BE COVERED WITH 36 INCHES OR MORE OF EARTH COVER. (3) GRANTEE SHALL ADJUST OR RELOCATE THE ABOVE DESCRIBED PIPE - LINEr IF NECESSARY FOR THE CONSTRUCTION OF ANY PUBLIC UTILITIES OR RAIL- ROAD TRACKS OR CHANGE IN STREET GRADE OR PATTERNS ON THE STREETS OR FOR ANY OTHER REASON OF THE CITY STATED IN WRITING TO GRANTEES AT THE POINTS ABOVE DESCRIBED. (Y) GRANTEE WILL ERECT MARKERS AT ALL POINTS WHERE SUCH PIPE- LINE ENTERS OR LEAVES A STREET. SUCH MARKERS SHALL BE OF IRON AND PLACED AT THE EDGE OF THE PUBLIC RIGHT OF WAY. (5) GRANTEE IS EXPRESSLY PROHIBITED FROM THE SALE AND DISTRI- BUTION OF NATURAL GAS TO CONSUMERS1 WHETHER INDUSTRIALS COMMERCIAL OR - 2- RESIDENTIAL, WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI. IN TESTIMONY WHEREOF, THE CITY of CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF DECEMBER, 1970. ATTEST: CITY SECRETARY APPROVED: 7 qfZ- - Y OF DE EMB,E , 1970: CI jyS' ATTORNEY THE STATE OF TEXAS Q COUNTY OF NUECES Q CITY OF CORPUS CHRISTI BY R. MARVIN TOWNSEND CITY MANAGER BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, KNOWN TO ME TO BE THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THE SAME PERSON WHO SIGNED THE FORE- GOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT OF THE CITY OF CORPUS CHRISTI, TEXAS AND AS CITY MANAGER THEREOF FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF DECEMBER, 1970. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS fHE DAY OF , 19 , BY AMERICAN PETROFINA COMPANY OF TEXAS, 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. AMERICAN PETROFINA COMPANY OF TEXAS BY AGENT AND ATTORNEY -IN -FACT THE STATE OF TEXAS Q COUNTY OF NUECES V BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME 15 SUBSCRIBED TO THE FOREGOING INSTRUMENT, AS AGENT AND ATTORNEY IN FACT FOR AMERICAN PETROFINA COMPANY OF TEXAS, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN -3- Corpus Christi, Texas 16Y,day of 19 %D TO THE NFNBERS OF 'ENE 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, ,.T R 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 following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Kea McDaniel W. J. °Sdrangler" Roberts Ronnie Sizemore Y