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HomeMy WebLinkAbout10398 ORD - 08/04/19718/4/71:e 7 • AN ORDINANCE GRANTING THREE REVOCABLE EASEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME, TO HUMBLE PIPE LINE COMPANY TO CONSTRUCT 4" PIPELINE CROSSING UNDER GRAHAM ROAD, A 4" PIPELINE WITHIN THE RIGHT OF WAY OF FLOUR BLUFF DRIVE, AND A 6" PIPELINE CROSSING UNDER AMBER DRIVE, DOVE LANE, FLOUR BLUFF DRIVE, DON PATRICIO ROAD AND DIVISION ROAD, AND RUNNING WITHIN THE RIGHTS OF WAY OF FLOUR BLUFF DRIVE AND DON PATRICIO ROADS A DISTANCE OF 1300 FEET, ALL AS IS MORE FULLY SET OUT IN THE COPIES OF SAID REVOCABLE EASEMENTS ATTACHED HERETO, MARRED EXHIBITS "A", "B" AND "C ", AND MADE A PART HEREOF; PROVIDING FOR PAYMENT OF FEES IN THE AMOUNT OF $100, $500, and $73B, RESPECTIVELY; 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, for and on behalf of the City of Corpus Christi, three instruments of revocable easement to Humble Pipe Line Company, to lay, construct, operate, maintain, repair and remove products lines as follows: 1. One (1) four -inch (4 ") petroleum products line crossing Graham Road between Waldron and Laguna Shores Roads, Lots 9 and 16, Block 55, Flour Bluff and Encinal Farm and Garden Tracts, as shown on maps attached to the revocable easement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A "; 2. One (1) four -inch (4 ") Petroleum Products line running parallel and within five (5) feet of the northwest right of way line of Flour Bluff Drive from a point 670 feet northeast of the centerline of Graham Road to a point 1,330 feet southwest of the centerline of Graham Road, as shown on the map attached to the revocable easement, a copy of which easement is attached hereto and made a part hereof, marked Exhibit "B "; and 3. One (1) six -inch (6 ") Petroleum Products line running across Amber Drive, Dove Lane and Flour Bluff Drive, then in a southerly direction within and along the westerly edge of Flour Bluff Drive a distance of 1300 feet to a point on Humble Pipe Line Company's existing 4 -inch pipeline, approxi- mately 300 feet south of Don Patricio Road, then across Division Road, as shown on the map attached to the revocable easement, a copy of which ease- ment is attached hereto and made a part hereof, marked Exhibit "C "; 10398 a... .. - I : . 0 upon payment to the City of Corpus Christi the required fees in the amounts of $100.00, $500.00 and $738.00, respectively. SECTION 2. The necessity to commence construction of the aforesaid pipelines at the locations described in said attached Exhibits "A ", "B" and "C ", at the earliest possible date 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 meet- ings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the sus- pension 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 4th day of August, 1971. ATTEST: • O CIL Ci y Se et ry V YOR THE CITY OF 0 US CHRISTI, TEXAS 7APP VED: UGU 4, 19 .� i 5 n C ty Attorney REVOCABLE EASEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X That the City of Corpus Christi, Texas, a home -rule city, muni- cipal corporation and body politic under the laws of the State of Texas, acting by and through its duly authorized City Manager, R. Marvin Townsend, for and in consideration of the sum of One Dollar ($1) and other good and valuable consideration, to it in hand paid by Humble Pipe Line Company, a Delaware Corporation, organized, existing and doing business under the laws of the State of Texas, and having an office and place of business in Houston, Harris County, Texas, the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed, and by these presents does grant, sell and convey upon the conditions herein- after stated, unto the said Humble Pipe Line Company the right to lay, construct, operate, maintain, repair and remove a certain four -inch (4 ') petroleum products (including crude oil and gas) pipeline for the trans- portation of liquid petroleum products, including crude oil and gas, beneath and across certain streets within the City of Corpus Christi, Texas, as follows: Crossing•Gr' Road''between,Valdron and Laguna Shores.•Roads., "�i• ,. t Lots 9'and 16, Block.55 -, Flour Bluff and.Encinal Farm and ' Garden Tracts, as shown on'the maps marked Exhibit "A'k and, "B" attached hefeto and'made•a pait.hereof. TO HAVE AND TO HOLD the same unto the said Humble Pipe Line Company, its successors and assigns, together with the right and privilege under the conditions and terms hereof, at any time and all times to enter upon the above parcels or tracts'of land for the purpose of constructing and maintaining the said pipeline for transportation of petroleum products (including crude oil and gas) under and across said property, and it is further understood that the foregoing easement and right is granted upon the following conditions; �XH ®$ice X''' (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 any underground lines, wires or pipes owned by the City of Corpus Christi 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 uereby 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. (E) Grantee will cause the pipeline to be covered with 30 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, and if for construction of any public utility in which Grantor has a proprietary interest or of a City street, at the expense of Grantee. -2- IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of , 197 - ATTEST. CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend, City Manager APPROVED: �7 DAY OF -Al X97/: TFM 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 , 197 Notary Public in and for Nueces County, Texas -3- The above grant and easement is hereby accepted this the day of , 197 , 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 THE STATE OF TEXAS COL'VIY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appe= ed , known to me to be the person and officer whose name is subscribed to t e foregoing instrument and acknowledged to me that the same was the act of the said Humble Pape 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. ;k GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 197 . Notary Public in and for Harris County, Texas 9 • LLL-JLJL-JLL]l P 00 4 /41.10 m Do 7 -'N I N G T ,iTR;A I L c I ENTSIR . 1.9L ND U12 S. GTR. rrr 14� r —> : + 100 �e 1. A n �,�ao Y.,7 e -40$— All� FG IL M7 'i a'; -4 LI IR 151 1 1 21 Lu" Lu" Lu" Lu" Lu" Lu" Lu, or'Moo -u- L 2a F- N M s. - .. DRAWN C ........ HUMBLE L1,111ZE Co. !/ CNe1N¢CnINe agrA.-I...r — NJN�CJN, Tie -- l.L VISf.D I. DATE - -- DESGItIPT1077 _ Drnwr+ alto: o APrnovr.D . -- ' E +�1cIN[[ri�.: V,*ITIll;d -CITY LI\II:', 0 Acz - z 17, - 1 .1 _ -.CITY -- l.L VISf.D I. DATE - -- DESGItIPT1077 _ Drnwr+ alto: o APrnovr.D . -- ' E +�1cIN[[ri�.: V,*ITIll;d -CITY LI\II:', 0 Acz - CO. fj�� elf! Il'7 CIlll'; lI • REVOCAD E EASEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X That the City of Corpus Christi, Texas, a home -rule city, muni- cipal corporation and body politic under the laws of the State of Texas, acting by and through its duly authorized City Manager, R. Marvin Townsend, for and in consideration of the sum of One Dollar ($1) and other good and valuable consideration, to it in hand paid by Humble Pipe Line Company, a Delaware Corporation, organized, existing and doing business 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, beneath and across certain streets within the City of Corpus Christi, Texas, as follows: Parallel and within 5 feet of the northwest ROW line of Flour Bluff Drive, from a point 670 feet northeast of the centerline of Graham Road to a point 1,330 feet southwest of the centerline of Graham Road, as shown on the map marked Exhibit "A ", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the said ]jumble 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 any underground lines, wires or pipes owned by the City of Corpus Christi 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 i•ig'hLs grnui.ed hereby ohall be subordinate to all user 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. (E) Grantee will cause the pipeline to be covered with 30 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 dra.inageway'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, and if for construction of any public utility in which Grantor has a proprietary interest or of a City street, at the expense of Grantee. -2- IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of , 197 • ATTEST: City Secretary CITY OF CORPUS CHRISTI . Marvin Townse-fia, City Manager APPROVED: hi DAY OF , 197`: C Attorney THE STATE OF TEXAS 0 COUNTY OF NUECES 0 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 instrLment, 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 , 197 . Notary Public 1n for Nueces County, Texas -3- s • The above grant and easement is hereby accepted this the day of , 197 , 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 THE STATE OF TEXAS COUNTY OF HARRIS II BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person and officer whose name is subscribed 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 , 197 . Notary public a and for Harris County, Texas O • . _ J \ 1. eP k. /�Y 7 __,.. Jrr.I.11 `' '-•_ —_ _ _ _� -- - ., - . .. rj 77.gk \ .. //I e F77E A/ ltr 1, IY• PluufmN • _ ' •t eer:u,• 1 _ _ _ _ _ _ _ -_ _ I CBLHLII _�_ ,_�__ _ _ _ =LD • l� I[I'�C./� ..�: tire Line � _- . : 1 _, _ _. � -' - - -ti - _- ti ; � � � L - -,' - •- 1 near:.. q}iA - `! 1 I• • '. � \ J6.71E � . \\ � -93 Le JJ/ - -4 y i �1.'`"I<.1- �- � t• ti - - - - \\ ''Xe�rer0 ✓. DunrcA ' \ qk P3LC SLr rc qk qk ' � - - - - 1 - LuroeDS. +ro RNe.1g5.'.IA• ML ,I �' 'Y•C— CLn I CY /'rOD.erd 10 1 Flour' CAR co AE rA. Glonca Cl of °e' . • _e[i?E - _ -- - [.er, xrrr:r oYuw r a .t� ✓;_ /-- °—�._. 46-7 FG - ', •• - I- �S LC t SYC ... �i _= . =_L-C l':_'Y .. _ =Cppr (' rs rCpel •. / '� 'L``�l �� -�-c� I - • � - L:re. Ello Fader CoyoN �. •��' - ' 1 ! r x -ere rJ -+ �I � r-r _ CV 2 31 If = At ZE 3 u Ce..re A. /r on B . rr♦ 11•X i•a v1 • ' �l A..f CA::1 ile7"l/coMOh $ /oddor/ Ly - - / � f •' / —1� � PU.7pVf s, X111 -�� =� ' � '-/ A. MFMI T d7 - _ • • VgSCRIPTIOZI pRAWN APPROVt:o HUIABLE P I i FIE L I WE C TYPICAL VjITjIIlR CITY UNAI Cie CO llucccl; COUNTN', I-Me? REVOCABLE EASEMENT THE STATE OF TEXAS X ItNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X That the City of Corpus Christi, Texas, a home -rule city, muni- cipal corporation and body politic under the laws.of the State of Texas, acting by and through its duly authorized City Manager, R. Marvin Townsend, for and in consideration of the sum of One Dollar ($1) and other good and valuable consideration, to it in hand paid by Humble Pipe Line Company, a Delaware Corporation, organized, existing and doing business 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 six -inch (6 ") petroleum products (including crude oil and gas) pipeline for the trans- portation of liquid petroleum products, including crude oil and gas, beneath and across certain streets within the City of Corpus Christi, Texas, as follows: Across Amber Drive, Dove Lane and Flout Bluff Drive, then in a southerly direction within and along the westerly edge of Flour Bluff.Drive a distance of 1300 feet to a point on Humble Pipe Line Company's existing 4 inch pipeline, approxi- mately 300 feet south of Don Patricio Road, then across Division Road (western extension -not open), as shown on the 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 casement and right is granted upon the following conditions: ,"!:--XH T 'C'� (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 any underground lines, wires or pipes owned by the City of Corpus Christi 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 xigui.o grwited heraby shall be 6 bordinate 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. (E) Grantee will cause the pipeline to be covered with 30 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, and if for construction of any public utility in which Grantor has a proprietary interest or of a City street, at the expense of Grantee. -2- I IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of 0.197 r ATTEST: CITY OF CORPUS CSRISTI City Secretary • Marvin Townsend, City Manager I, APPROVED: F-- DAY OF Ai _, 197: THE STAIR OF TEXAS Cam= OF NaCES O 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 is the capacity therein stated. GIVEN U11WER MY $AUTO AND SEAL OF OFFICE, this the day Of , 197 Notary public in and for Nueces County, Texas -3- The above grant and easement is hereby accepted this the day of , 197 , by Humble Pipe Line Company, and said corporation agrees to keep and perform the conditions imposed by said grant and easement and that it is bound by all of the terms of the same. HUMBLE PIPE LINE COMPANY By THE STATE OF TEXAS COUNTY OF HARRIS �( BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument and, acknowledged to me that the same was the act of the said Humble Pipe Line Company, a corporation, and that he executed the same as the act of such corporation, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 197 . . , n,ll� N� I .• ' •vii : � . _ •. ���_ _ ��.._._ ' �, � � . . _ MCNSI • >�•�U�' _;:�r;V� CPC= /C.•L. —+� C. wetts.�1•r�l Pis Rd Iv LI /_ Il �Sirerz�" �+tG3$/Nr�S r. /.. � .II.OJ ✓!. •iANY.I ...•.. - I .LIA''G.._. I'? i' 1 ' I IIJULJI�J ,I a1L r f�' ::i; u f'1 I, cl ROW tc Mr/fv PM rte-- -- — - �_ -__..: •T '� cq - :.Yf1T} {IN �p.,yTt c4 Ct.511:C� - ��:TYPIGAL n1PELINS'Ct�L7661i�C; - - - --- -- _ - < -CITY 47•REET 1 1. AN - REVISED DATE DESCRIPTIO14 DRAWN APPROVED HUN/1i13LE PIPE LINE CO. ENGIYCCFII:O DCPAM1TnCwT Hnu��ev, T- TYPICAL PlP "eL1 \c GK.�9Ft \u STS: =1h WI MIR CITY UINAIT4 OF CO VU-P M'Ri lln IdU1XCh COUNTY,'jEX%f7 6CALE DATE �- CORPUS CHRISTI, TEXAS DAY OF , �9 1 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. EC LILLY, G a7 MAYOR THE CITY OF CO HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL 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. GDNZALES GAGE LOZANO, SR. J. HOWARD STARK