HomeMy WebLinkAbout11494 ORD - 05/30/1973N
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AN ORDINANCE
GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SAME, TO THE PERMIAN
CORPORATION TO LAY, CONSTPUCT, OPERATE, MAINTAIN, REPAIR
AND REMOVE ONE (1) 6 -INCH NATURAL GAS PIPELINE
ACROSS A TRACT OF LAND OWNED BY THE CITY AND BEING
OUT OF BLOCK 21, J. C. RUSSELL FARM BLOCKS, IN THE
CITY OF CORPUS CHRISTI, MORE FULLY DESCRIBED IN THE
REVOCABLE EASEMENT, A COPY OF 47HICH EASEMENT IS
ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART
HEREOF; PROVIDING FOR PAYMENT OF THE FEE THEREIN PROVIDED;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
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 The Permian Corporation to lay, construct,
operate, maintain, repair and remove one (1) 6 -inch natural gas pipeline
across property owned by the City of Corpus Christi and described as a
strip of land out of Block 21, J. C. Russell Farm Blocks, described in
Volume 3, page 53, Nueces County, Texas, Map 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 pipeline 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 —30-tk, ay of May, 1973.
ATT EST:
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Cil-y Secretary /
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MAY
THE CITY OF CORPUS CHRISTI, TEXAS
9-.494
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AP PR V1�D:
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MAY
THE CITY OF CORPUS CHRISTI, TEXAS
9-.494
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REVOCABLE F.ASEMPNT
TILE STATE OF TEXAS
COUNTY OF NUECES
THAT, the City of Corpus Christi, Texas, acting by and through its duly
authorized City Manager, R. Marvin Toimsend, for and in consideration of the sum
of Four hundred twelve and 88100 Dollars ($412.88) to it in hand paid by The
Permian Corporation, hereinafter referred to as GRANTEE, said fee to be based on
a charge of twenty six.cents (26¢) -per foot of pipeline placed within 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 The Permian Corporation the right to lay, construct,
operate, maintain, repair and remove one (1) 6" natural gas pipeline across property
owned by the City of Corpus Christi and described as follows:
TRACT NO. 1
Being a strip Df land for pipeline easement -)ut of Block 21, J. C. Russell
Farm Blocks as shown by Map of record in Vol'tme 3, Page 53, Map Records,
Nueces County Texas, said strip of land bein; more particularly described
by metes and bounds as follows:
s Beginning at a point in the new South right -of -way line of proposed Agnes Street
(State-Highway No. 44), from whence the original Northeast corner of said Block
22 bears N. 880 35' 46" E., 35.0 feet and N.-lo 19' 56" W., 317.99 feet;
Thence S. 880 35' 116" k•I., with the new South right -of -way line of said Agnes
Street (State Highway No. 44), a distance of 230.03 feet to a point for a
corner of this tract;
Thence S. I13 0 35' 46" W., still with the new South right-of-way line of said
Agnes Street (State Highway No. 44), a distance of 106.20 feet to a point in
the cast right -of -way line of Joe Mireur Road (F. M. Highway 763) for a corner
of this tract;
Thence S. 10 19' 56" E., with the east right -of -way line of said Joe Mireur.
Road (F. M. High-ay 763), a distance of 14.16 feet to a point for a corner of
this tract;
Thence N. 430 35' 46" F., with a line that is 10.0 feet Southeast of and parallel
to the South right -of -way flare out of said Agnes Street (State Highway No. lot),
a distance of 112.09 feet to a point for an interior corner of the tract herein
described;
'
Thence N. 88 o 35' It6" F.., with a line that is 10.0 feet South of and parallel to
the South right- of -wny line of said Agnes Street (State Highway No. 414), a distance
of 225.88 feet to a point in the east boundary line of a 20 foot pipeline easement,
for a corner of the tract herein described;
Thence 11 10 19' 56" ti., with bite cast, line of said pipeline easement, a distance
of 10.0 feet to the point of bet;.inning.
Containing 3371.0 square feet of land more or less.
1.
TRACT WO. 2
Being a strip of land for pipeline casement out of Block 21, J. C. Russell
Fanny Blocks as shown by Map of record in Volume 3, Page 53, Map Records,
Nueces County, Texas, said sLrip of land being more particularly described
by motes and bounds as follows:
0
Beginning at the original Northeast corner of said Block 21; Thence S. 1 19'
56" E., 3 .17.99 feet to a point in the new South right -of -way line of the
proposed Agnes Street (State Highway No. 44); Thence with the New South right -
of -tray line of said Agnes Street (State Highway No. 44), S. 880 35' 46" W.,
265.03 feet; S. 4; 35' 46" W., 106.20 feet to a point in the east right -of-
way line of Joe Mireur Road (F. M. Highway 763); Thence S. 880 42' 39" W.,
100.01 feet to a point in the F7est right -of -way line of said Joe Mireur Road
at its intersection with the Southwest right -of -way flare out of said Agnes
Street for the point of beginning of the tract herein described;
Thence N. 1 +6 0 24' 1.4" W., with the Southwest right -of -way flare out of said
Agnes Street (State Highway No. 44), a distance of 105.93 feet to a point for a
corner of this tract;
Thence with the new South right -of -way line of said Agnes Street (State Highway
No. 44) S. 880 35' 46" w., 963.76 feet, and N. 800 15' 58" W•, 150.0 feet to a
point for a corner of this tract;
Thence S. 9° 44' 02" W., a distance of 10.0 feet to a point for a corner of this
tract;
0
Thence S. 80 15' 58" W., with a line that is 10.0 feet South of and parallel
to the New South right -of -way line of said Agnes Street, a distance of 15).99
feet to a point for a corner of the-tract herein described;
Thence N. 880 "5' 46" E., frith a line that is 10.0 feet South of and parallel to
the New South eight -of -fray line of said Agnes Street, a distance of 960.61 feet
to a point for a corner of this tract;
� Thence S. 1+6 0 24' 14" E., with a line that is 10.0 feet Southwest of and parallel
to the Southwest right -of -stay flare -out of said Agnes Street, a distance of
111.77 feet, to a point in the west right -of -way line of said Joe Mireur Road
(F. M. Highway 763) for a corner of this tract;
Thence N. 10 19' 56" W., with the west right -of -way line of said Joe Mireur Road,
a distance of 111.12 feet to the Point of beginning.
Containing 12,216.0 square feet of land more or less.
TO HAVE AND TO HOLD the same unto the said The Permian Corporation, 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 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 6" line will carry a maximum pressure of 500 PSI.
2. Said lilies shall be placed substantially in compliance with the plat attached
hereto and made a parL hereof. The City will inspect and approve the line after
p]acc:nenL in the ditch wid bcVore ditch is backfilled. (Notify City Petrolcwn Supt.
for in::pecL1on).
2.
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, wri.res,.or pipes owned by the City
of Corpus Christi or holders of any franchise from the City by reason of the construc-
tion of said pipeline and the operation and maintenance thereof. Grantee wrill 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 Ci'.y may
make of such property for public purposes. Two (2) maps, plats and engineerng
drawings have been filed in the office of the Director of Engineering Servic-_�s
showing all details of installation and construction, including depth of installation
e
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. The street crossing shall be made
by boring under the pavement and for 10' either side and placing casing for the full
right -of -way width.
(b) Grantee shall adjust or relocate the above described pipeline, if
necessary for the construction of any public utilities or railroad tracks or public
facilities or for any other reason of the City stated in writing to Grantee.
(c) Grantee will erect markers stating ownership of the pipe line, at all
points where such pipeline enter or leave the City property and at each side of the
road crossing. Such markers shall be of a durable material and maintained in good
condition at all times.
3
7. Grantee is expressly prohibited from the sale and distribution of natural
gas to consw*ers, whether industrial, commercial or residental, within the corporate
limits of the City of Corpus Christi.
IN WIT19ESS I- MREOF, the City of Corpus Christi has caused these presents to be
executed this the day of , 1972.
ATTEST:
City Secretary
APPROVED:
(2T1 fr DAY OF Jet <P�� , 197v
f &6
S City Attorney
a
CITY OF CORPUS CIRISTI
By:
R. Marvin Townsend, City Manoger
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Corpus Christi, Texas
�6 R day of 19—Za
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.
Respectfully,
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr. e i
J. Howard Stark _