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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 i9 � rr ' i 3- !p• :t � 4, �, r .r V Jf 1• . to M 44�� p ti. Sda• o /'W � ?_. / c 9 ,I T • � ,kryd 1 z, I •o�v, 11° h �6• , r 17. 1t 1 u `PLar ov aQ L.L. GvooDma,v TpgcT ' �' ti GRined /y Ciiy of Gorro�s Cii s /i. • g.,g Lnoe• /. e4 ,:voaJ�n.n �'• Iy/'1 / °.4; � Y .. .. iio/ G71�/ -Yj. /6/ //c T. L.•Q , Ord, All, 3069 Au %�u.ernq ei /v f.L i9 � rr ' 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