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HomeMy WebLinkAbout10350 ORD - 07/14/1971• 7/13/71:e 'r AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME, TO GETTY OIL COMPANY TO CONSTRUCT TWO PIPELINES ALONG THE RIGHTS OF WAY OF KNICKERBOCKER STREET AND LAGUNA SHORES DRIVE, ALL AS IS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; PROVIDING FOR PAYMENT OF THE FEE PROVIDED THEREIN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF�� ,f 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 Getty Oil Company to lay, construct, operate, maintain, repair and remove one (1) 4" products line and one (1) 2 1/2" gas line along the right of way of Knickerbocker Street from the shoreline of Laguna Madre to Laguna Shores Drive, and along Laguna Shores Drive to a point in the boundary line of a tract owned by Humble Oil & Refining Company, all as is 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. SECTION 2. The necessity to commence construction of the aforesaid pipelines at the locations described in said attached Exhibit "A" at the earliest possible date 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 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 intro- duction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED,THIS 14th day of July, 1971. r ATTES � Q�'L Ci * Se ret ry MAYOR APPRO JU 4 9 rryyTHE CITY OF C US CHRISTI, TEXAS i035® C' y Attorney • 7/14/71:e • REVOCABLE EASEMENT THE STATE OF TEXAS X COUNTY OF NUECES X That the City of Corpus Christi, Texas, acting by and through its duly authorized City Manager, R. Marvin Townsend, for and in consideration of the sum of Five Hundred Two and 80/100 Dollars ($502.80) to it in hand paid by Getty Oil Company, herein- after referred to as GRANTEE, said fee to be based on a charge of twenty cents (20¢) per foot of pipeline placed within street right of way, 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 Getty Oil Company the right to lay, construct, operate, maintain, repair and remove one (1) 4" oil production line and one (1) 2 1/2" gas line along the right of way of Knickerbocker Street from the shoreline of Laguna Madre to the west side of Laguna Shores Drive (a distance of approximately 673'), thence along Laguna Shores Drive in a southwesterly direction, a distance of approximately 198.48', thence in a westerly direction, a distance of approximately 10.60' to a point in the boundary line of a tract owned by Humble Oil and Refining Company. TO HAVE AND TO HOLD the same unto the said Getty Oil 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 pipe - linesfor transportation of gas and /or petroleum products at said location, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. A high -low shut -off valve shall be installed on each line, by Grantee, at the shoreline, so as to prevent any back flow in the event line is ruptured on the landward portion. 2. The 4" line will carry a maximum pressure of 200 PSI and will be of low capacity. 3. The 2 1/2" line will carry a maximum pressure of 1000 PSI, or less, and a pressure regulator will be installed by Grantee at the compressor station delivering gas to this line, to shut off the compressor in the event pressures exceed 1000 pounds or drop sufficiently to indicate rupture or leakage in the gas line. 4. Said lines shall be placed substantially in compliance with the plat attached hereto and made a part hereof. The City will inspect and approve the lines after placement in the ditch and before ditch is backfilled. S. It is understood and agreed that the right and ease- ment herein granted may be revoked at any time by the City of Corpus Christi, and Grantee may be required to remove the aforesaid pipeline upon thirty (30) days notice in writing. 6. Grantee will save and keep harmless the City of Corpus Christi, from any and all claims for liability by reason of the construction of said pipelines, or the operation, maintenance or existence thereof. 7. Grantee will repair or cause to be repaired any damage to any street, sewer, storm sewer, drainage facility, under- ground lines, wires, or pipes owned by the City of Corpus Christi or holders of any franchise from the City by reason of the con- struction of said pipelines and the operation and maintenance thereof. Grantee will apply to the Director of Engineering Services 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. 8. 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 -2- the office of the Director of Engineering Services showing all details of installation and construction, including depth of installation proposed, to conform and comply with City require- ments of such office as to engineering specifications as follows: (a) Lines will be cased at the point of crossing of Laguna Shores Drive, as shown on 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. (b) Line is to be laid by cutting right of way after proper permit has been obtained. Pipeline will be covered with thirty -six (36) inches or more of earth cover. (c) Grantee shall adjust or relocate the above described pipelines, 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. (d) Grantee will erect markers at all points where such pipelines enter or leave a street. Such markers shall be of iron and placed at the edge of the public right of way. 9. 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 has caused these presents to be executed this the day of July, 1971. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: 19TH AY OF . Y, - "1 71: A y Attorney -3- I THE STATE OF TEXAS X COUNTY OF NUECES X 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 foregoing instrument, and acknowledged to me that he executed the same as the act of the City of Corpus Christi, and as City Manager thereof, for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of July, 1971. Notary Public, Nueces County, Texas The above grant and easement is hereby accepted this the day of , 1971, by Getty Oil Company, and said Getty Oil Company agrees to keep and perform the conditions imposed by said grant and easement and that it i.s bpnnr3 by all of the terms of the same. ATTEST: GETTY OIL COMPANY By Secretary THE STATE OF TEXAS X COUNTY OF X BEFORE ME, the undersigned authority, on this day personally appeared , of Getty Oil Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl- edged to me that he executed the same for the purposes and con- sideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of July, 1971. Notary Public, County, Texas TR OM'' ' I N 5 IAAP OF ILAN ARE SIANO AREA. L PROPOSED PIPELINES i,LncD#AS / D /LLINGEJ� i L46UNA d940RE\ V 1000 0 1000 m Scale in feel , V Ih LAGUNA SHORES DR. J a i O O � S s,a a DlL L e INIC�R ST. e I 1 L A G UNA MADRB Getty Oil Company PROPOSED PIPELINES CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS $tole:1 ":100' June, 1971 CORPUS CHRISTI, TEXAS Na, DAY OF �9 / 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 COUNCILS 1, 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. RE LLY, O MAYOR THE CITY OF CO CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE SIZEMORE - -�au v CHARLES A. BONNIWELL fiy/l ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. did- J. HOWARD STARK Icy• McMoRanEXPLORATION CO. • 1314 THE 800 BUILDING. CORPUS CHRISTI, TEXAS 75401 (512) 858 -4491 May 29, 1973 N Nlc' P. 0 o 0. Box Corpus Christi 7 Corpus Christi, Texas 78408 Attention: Mr. T. Ray R*'1 n' City Secretary Re: Revocable Easement and Assignment Dimnits Island Area Nusoes County, Texas Gentlemen: This has reference to Revocable Fasemant dated July 16, 1971, granted by the City of Corpus Christi to Getty oil Company, covering a pipe line right- of-way for production in th�.�e\��DD�imnts Island area. This easement was subsequently assigned to b1cMb an Exploration Go. by Getty Oil Company and approved by the City of Corpus Christi on April 26, 1972. In vier of the fact that Mr•MbRan Exploration Co. used an alter- nate route in the construction of the Dimwits Island pipe line, we request that said easement be cancelled. Yours very truly, McMoRan EXPLORATION CO. C.'�J Carl V. Catti�") Regional Manager CVG:;s C ,z � / o ,i 4 0 7/�/ i