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
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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
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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 .• '
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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