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Home My WebLink About10168 ORD - 03/17/1971JKH:3 -10 -71 AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO NUECES INDUSTRIAL GAS COMPANY TO CROSS A PORTION OF S.H. 114 NEAR CAMPBELL ROAD WITH A 4" 1000 PSI GAS PIPELINE CROSSING, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF, 'UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; ANDODECLARING AN EMERGENCY. o 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN INSTRUMENT OF REVOCABLE EASEMENT TO NUECES INDUSTRIAL 1G'AS COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE Y" 1000 PSI GAS PIPELINE ALONG AND ACROSS A PORTION OF S.H. 44 NEAR CAMPBELL ROAD, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT AND PLAT SHOWING THE LOCATION, ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN. SECTION 2. THE NECESSITY FOR COMMENCEMENT OF ~CONSTRUCTION OF THE AFORESAID PIPELINE 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 BUT 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 /7W, DAY OF MARCH, 1971. ATTEST: CITaj Y MAYOR y THE ITY OF RP CHRISTI, TEXAS APPROVED: 71" DAY OF MARCH, 71 : _ IL2 CIT TTORNEY / 10168 1 • REVOCABLE EASEMENT THE STATE OF TEXAS 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 CONSIDERA- TION OF THE SUM OF ONE HUNDRED AND NO/100- - - DOLLARS } ($100.00 100.00 ) TO IT IN HAND PAID BY NUECES INDUSTRIAL GAS COMPANY, SAID FEE TO BE BASED ON CHARGE OF ONE HUNDRED DOLLARS ($100) FOR ONE STREET CROSSING 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 NUECES INDUSTRIAL GAS COMPANY THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND R14 E�IM�OVE ONE 4 4 " 1000 PSI GAS PIPELINE ALONG AND ACROSS A PORTION OF S.H. NEAR CAMPBELL ROAD, SAID CROSSING TO BE BORED AND SAID LINE TO BE CASED, 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 PLAT ATTACHED HERETO AND MADE A PART HEREOF. THE CITY WILL INSPECT AND APPROVE, AFTER CHANGES, IF NECESSARY, THE LINE AFTER PLACEMENT-IN ITS DITCH AND BEFORE THE DITCH 15 BACKFILLED. TO HAVE AND TO HOLD THE SAME UNTO THE SAID NUECES INDUSTRIAL GAS COMPANY, THEIR 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 TRANSPORTATION OF GAS AND/OR OTHER HYDROCARBONS AT SAID LOCATION, AND IT IS FURTHER UNDER- STOOD THAT THE FOREGOING EASEMENT AND RIGHT IS GRANTED UPON THE FOLLOWING CONDITIONS AND TERMS: (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 RCMOVE THE AFORESAID 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 OPERATIONS MAINTENANCE OR EXISTENCE THEREOF. (C) GRANTEE WILL REPAIR OR CAUSE TO BE REPAIRED ANY DAMAGE TO ANY STREET, SEWER, 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 PIPELANE 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 CONSTRUCTION, INCLUD- ING DEPTH OF INSTALLATION PROPOSED TO CONFORM AND COMPLY WITH CITY REQUIRE- MENTS OF SUCH OFFICE AS TO ENGINEERING SPECIFICATIONS AS FOLLOWS: (1) LINE WILL BE CASED AS SHOWN ON THE PLAT ATTACHED HERETO, SAID CASING TO EXTEND 10 FEET BEYOND EACH EDGE OF THE PAVEMENT. THE 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 EXCEPT THAT NO PAVEMENT SHALL BE CUT. PIPELINE WILL BE COVERED WITH 36 INCHES OR MORE OF EARCH COVER. (3) GRANTEE SHALL ADJUST OR RELOCATE THE ABOVE DESCRIBED PIPE- LINE, IF NECESSARY FOR THE CONSTRUCTION OF ANY PUBLIC UTILITIES OR RAILROAD TRACKS OR CHANGE IN STREET GRADE OR PATTERNS ON THE STREETS OR FOR ANY OTHER REASON OF THE CITY STATED IN WRITING TO GRANTEE, AT THE POINTS ABOVE DESCRIBED. (4) 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. -2- (5) GRANTEE IS EXPRESSLY PROHIBITED FROM THE SALE AND DISTRIBUTION OF NATURAL GAS TO CONSUMERS, WHETHER INDUSTRIAL, COMMERCIAL OR RESIDENTIAL, WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI. IN WITNESS WHEREOF, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF , 1971• ' CITY OF CORPUS CHRISTI ATTEST: BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: DAY OF MARCH, 1971: CI ATTORNEY THE STATE OF TEXAS COUNTY OF NUECES 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 , 1971. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS THE , 1971, BY NUECES INDUSTRIAL GAS COMPANY, AND SAID NUECES INDUSTRIAL GAS COMPANY 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. ATTEST: NUECES INDUSTRIAL GAS COMPANY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY -3- APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSEA AND CON- SIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, T 11 THE DAY of 1971 ARY YUB }IC IN AYD FDa MbECES COUNTY, Corpus Christi, Tex'as /d2y of dGt/ 19 7% 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Cdr —� Gabe Lozano, Sr. C-_l -e V. A. "Dick" Bradley, Jr. Eduardo E..de Ases C¢Q� Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore -7- The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. 6yt_A -C� Eduardo E. de Ases /r Ken McDaniel ( G W. J. "Wrangler" Roberts Ronnie Sizemore �� y. -e ,d Mr. T. Ray Kiing City Secretary City of Corpus Christi, Texas P. 0. Box 9277 Corpus Christi, Texas 78408 Re: Kelly Bell -Hatch Lateral AFE 21402 Dear Mr. Kiing: Thank you very much for your letter of April 21, 1971 regarding the above referenced Revocable Easement. We wish to advise that this pipeline will not be constructed across State Highway 44. Therefore, we will not need this easement. r Thank you very much for your prompt handling of our requests. Very truly yours,.., iT .. y NUECES INDUSTRIAL GAS COMPANY � R. AGtCook Right -of -Way Division RGC:bje 4L GAS COMPANY M TOWER .Ipt3 5211 !ISTI, TEXAS 1 y • 6. •„ -y1f.y 4• f. 197, :!�., r IS. J r rx >;• ,LL ; _ l f Y Y k� • x. �1 �I ' e 1 F ' ' NUECES,ItJDUR �PETROLE Y, n+ KPH ONE'TI � `d'CORPUS`1CN }. MAILING ADDRESS ' P. O. DRAWER 521 V APrl1 26, i \* S y. -e ,d Mr. T. Ray Kiing City Secretary City of Corpus Christi, Texas P. 0. Box 9277 Corpus Christi, Texas 78408 Re: Kelly Bell -Hatch Lateral AFE 21402 Dear Mr. Kiing: Thank you very much for your letter of April 21, 1971 regarding the above referenced Revocable Easement. We wish to advise that this pipeline will not be constructed across State Highway 44. Therefore, we will not need this easement. r Thank you very much for your prompt handling of our requests. Very truly yours,.., iT .. y NUECES INDUSTRIAL GAS COMPANY � R. AGtCook Right -of -Way Division RGC:bje 4L GAS COMPANY M TOWER .Ipt3 5211 !ISTI, TEXAS 1 y • 6. •„ -y1f.y 4• f. 197, :!�., r IS. J r rx >;• ,LL ; _ l f Y Y k� • x. �1 �I ' e • r Y J F • r Y J April 21., 1971 s. Mr. -,Ff G. Cook,'-' ook. _ -Right -of -May- Division Nueces Industrial Gas Company _ 'p. O`. Drawer 521' -- Corpus Christi, Texos 78403 Dear "Mr: Cook: __ rt Under Hate of March 22,,1971,. a1evocAle Easernent4n duplicate p =rtaining to the installation of a.41' 1000 psi - - - gas pipeline along and across a +portion of S.N. d4 near.. Cq Pl;e1I Road was•serit to you for_Your ocknoJq edgedient. Y ' - s We have not received a copy -of this instrument and am"-,- wondering if there is anytliirLg wrong with. it. Please advise.' . . Sincerely,,_ - T.•Ray Kring t - City Secretary s TRK /jw - - y LL - � j ;, :�: ,, �'. � _fit.., � _ _ - °• _ _ _, _ � "__' � - _ -'�- ._ - ?f i ' 22, 19Y1 "•rte - - Mr. R. G. Cook Right -of -Way Division iz.. Nueces Industrial Gas Company - P. O..Dra; er 5211' Corpus Christi ;, _Texas 7840 _ - �.. -Dear Mr. Cook: - t_ -Herewith-is a Revocable 'Easement, in duplicate pertaining to r; :. - _ the instal la ?ion of a 4" 1000_,Psi gas pipeline alongrand across - ° t portion of S. H. U near Campbel[-_Road.-'. If you :find the instruments to 6e,in order; please acknowledge _ ' and return one copy foC our. file. Sincerely; _ Ray KHng City Secretary _ 'TRR /jw. r - -,-,Enclosure., _ - x ra- Y. a�r.•K� wl'r .L:D, ¢'..,� +_.• IY ��,T -• '-i: y` 1 ?�''r i '71 �' a r;� ,��•�' � C:"�� ,.�•. _al t NUECES�INDUSTtRIAL GAS,•CO_MPA_ NY 4• i; !r }t• " ` * '�� ,` `* 1 •� ,it'°. 1 tlz,�iETROLrUMOWER Rly' ^' < 7♦ S 7 • - +7 P H O N E T UtIP 3.921 d 0-_ Sgt', •+ '•'dR {�. i, F. . A �.CORPUS7CSTI TEXAS HRI `'-`♦• l• • �"*"t + iy { FebruaiYm25' : 971�i` MAILIND ADDRE99 ^ . 1.y V'yy s ! P. D. DR— Mr. J R.wLgntos; P.E.+ 7• g Assistant Director of,Public Works _t City of 'Corpus Christi �! ~ F. 0, Box 9277 4 Corpus Christi, Texas 784 -- RE: Kelly Bell -Hatch Lateral Highway 44 Crossing •`• AFE 21402 f •�` Revocable Easement Dear Mr. Lontos: - As a representative of the above letterhead company, I am writing you for � a revocable easement so that we may construct a 4 -inch gas pipeline under State Highway #44 in the westerly portion of Corpus Christi. The specifications are as follows: t�•` k 1. The pipe size is 4'k" O.D. -- .188 W.T. x 42 I 2.` -The operating pressure is to be 1000 PSI. r • . 3. The test pressure is 1,760 PSI. 4. The casing will be 8" O.D. pipe with insulating spaces ' N every 15 feet-of its length. 5.s This line will be class B construction. + I We are respectfully enclosing nine (9) prints of our strip map plus a single ",•_ * prinj of Page 15 of Clarkson's City Map Book of Corpus Christi all of which k,- reflect our proposed crossing marked with red ink and our Check #13024 in the amount of $100.00�for your further handling. Thank you very much for your cooperation and prompt handling of our various f'^ • -� requests, s ' Very truly yours,gy NUECES INDUSTRIAL GAS COMPANY _ t•; <; °l I R. G. Cook 9z c�� • ": r *+" Right -of -Way Division •� Enclosures , F�' "P,.- �'rn • p D L N 'raid } 'V'