HomeMy WebLinkAbout10731 ORD - 03/08/1972jkh:3 -1 -72
AN ORDINANCE
GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SAME, TO LO -VACA GATHERING
C012ANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR
AND REMOVE ONE (1) 10 -INCH NATURAL GAS PIPELINE
ACROSS A TRACT OF LAND KNOWN AS THE L.L. WOODMAN TRACT,
IN THE CITY OF CORPUS CHRISTI, MORE FULLY DESCRIBED
IN THE REVOCABLE EASEMENT, A COPY OF WHICH EASEMENT IS
ATTACHED HERETO, MARKED EXHIBIT "A1, AND MADE A PART
HEREOF; PROVIDING FOR PAYMENT OF THE FEE ]HEREIN PROVIDED;
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, an instrument
of revocable easement to Lo -Vacs Gathering Company to lay, construct,
operate, maintain, repair and remove one (1) 10 -inch natural gas pipeline
across property owned by the City of Corpus Christi and described as
a 0.064 acre tract of land out of a 2.8 acre tract of land known as the
L. L. Woodman Tract, described in Volume 678, page 161, Nueces County,
Texas, Deed Records, and more fully described by metes and bounds in the
Revocable Easement, a copy of which is 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 afore-
said pipelines at the location described in the said attached Exhibit "A"
at the earliest practicable date creates a public emergency and an imperative
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 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 At) day of March, 1972.
ATTEST:
o D
City Secre ary,
MAYOR
APP 0VED: THE CITY OF ORPU ISTI, TEXAS
f% DAY OF MAR , 1972:
t
10'731
Ci ,P§ Attorney
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 consideration of the sum
of One hundred ninety five and 08100 Dollars ($195.08) to it in hand paid by Lo -Vaca
Gathering Company, hereinafter referred to as GRANTEE, said fee to be based on a charge
of thirty.eight cents (38¢) per foot of pipeline placed within city property plus
$160.00 for crossing city property, 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 Lo -Vaca Gathering
Company the right to lay, construct, operate, maintain, repair and remove one (1) 10"
natural gas pipeline across property owned by the City of Corpus Christi and described
as follows:
Being a 0.064 acre tract of land out of a 2.8 acre tract of land known as
the L. L. Woodman Tract described in Volume 678, Page 161, Nueces County Texas,
Deed Records and acquired by the City of Corpus Christi, by judgement, said
0.064 acre tract being more particularly described by metes and bounds as
follows:
Beginning at a point in the most northerly boundary line of said Woodman Tract,
said *point being N. 780 32' W., 32.51 feet from the Northeast corner of said
Woodman Tract for the Northeast and beginning corner of the tract herein
described;
Thence S. 15 55' 30" E., a distance of 86.94 feet to a point in the most northerly
south boundary line of said Woodman Tract and being S. 83' 01'•W., 17.32 feet from
the most Easterly Southeast corner of said Woodman Tract for the Southeast corner
of the tract herein described;
Thence S. 830 01' W., with the said most northerly South boundary line of the
Woodman Tract, a distance of 30.38 feet to a point for the Southwest corner of
the tract herein described;
Thence N. 150 55' 30" W., a distance of 97.76 feet to a point in the most northerly
boundary line of said Woodman Tract for the northwest corner of the tract herein
described;
Thence S. 780 32' E., with the North boundary line of said Woodman Tract, a
distance of 313.78 feet to the point of beginning.
Containing 0.064 acre of land more or less, a map or plat of which is attached
hereto and made a part hereof for all purposes, and marked Exhibit "A ".
Also granted is a temporary 15 foot wide construction easement parallel and
contiguous to the above described 30 foot easement on each side of said easement.
This construction easement shall terminate upon completion of the one pipeline
to be constructed within said easement or not later than 1, July 1972;
9
TO HAVE AND TO HOLD the same unto the said Lo -Vaca Gathering 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 maintain-
ing the said pipeline for 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. The 10" line will carry a maximum pressure of 1000 PSI.
2. 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 line after
placement in the ditch and before ditch is backfilled. (Notify City Petroleum Supt.
for inspection).
3. It is understood and agreed that the right and easement 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.
4. 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 pipeline., or the
operation, maintenance or existence thereof.
5. 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 con-
struction of said pipeline_ 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.
6. All rights granted hereby shall be subordinate to all uses as the City may
make of such property for public purposes. Two (2) maps, plats and engineering
drawings have been filed in 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 requirements of such office as to engineering
specifications as follows:
(a) Line is to be laid by cutting an open trench. Pipeline will be covered
with thirty -six (36) inches or more of earth cover.
(b) Grantee shall adjust or relocate the above described pipeline., if necessary
for the construction of any public utilities or railroad tracts or public facilities
or for any other reason of the City stated in writing to Grantee, at the points above
described.
(c) Grantee will erect markers stating ownership of the pipe line, at all points
where such pipeline, enter or leave the City property. Such markers shall be of a
durable material and maintained in good condition at all times.
7. Grantee is expressly prohibited from the sale and distribution of natural
gas to consumers, whether industrial, commercial or residental, 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 , 1972.
. UPW
City Secretary
APPROVED:
iT- DAY OF Alv���I 1972
City Attorney
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
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 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
February, 1972.
Notary Public, Nueces County, Texas
The above grant and easement is hereby accepted this the
day of , 1972, by Lo -Vaca Gathering Company, and said
Lo -Vaca Gathering 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: LO -VACA GATHERING COMPANY
By
Secretary Vice- President
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared
of Lo -Vaca
Gathering Company, 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
purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
— 1972.
Notary Public, County, Texas
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CORPUS CHRISTI, TEXAS �J
_DAY OF 19 /;2/
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.
°RESP LYE
7
O
MAYOR
THE CITY OF CORP JRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOS4UEZ, M.D.
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, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
• GABE LOZANO, SR.
J. HOWARD STARK