HomeMy WebLinkAbout11893 ORD - 01/30/1974•
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTh AN EASE-
MENT TO CENTRAL POWER AND LIGHT COMPANY ACROSS
TRACTS OF LAND PRESENTLY OWNED BY THE CITY AND
KNOWN AS THE 0. N. STEVENS WATER TREATMENT PLANT
AND WASH WATER AREA NORTH OF INTERSTATE 37 AND
BETWEEN UPRIVER ROAD AND THE NUECES RIVER; ALL
AS MORE FULLY DESCRIBED IN THE EASEMENT ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ";
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager be and he is hereby, authorized
to execute an Easement to Central Power and Light Company across tracts
of land presently owned by the City and known as the 0. N. Stevens Water
Treatment Plant and wash water area north of Interstate 37 and between
UpRiver Road and the Nueces River, all as more fully described in the Ease-
ment, a copy of which is attached hereto and made a part hereof, marked
Exhibit "A ".
SECTION 2. The necessity to authorize the execution of the
aforesaid Easement at the earliest practicable 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 and that such ordinance or resolution 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 day of January, 1974.
ATTEST:
City Secreta
APPROVED:
3O7 DAY OF JANUARY, 1974:
�/ J
City Attorney /4-1
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
11893
• 0 O. 3 - LON C. HILl - H. L. & P. 3L15 KV`LINE ' Proj. 9 -5•
A/C 350.1
THE STATE OF TEXAS 1
COUNTY OF NUECES
EASEMENT AND RIGHT OF WAY
KNOW ALL MEN BY TT{FSE PRESENTS:
THAT the City of Corpus Christi, Texas, a home rule city and municipal
corporation existing under and by virtue of the laws of the State of Texas of
the County of Nueces, State of Texas, hereinafter called "Grantor ", for and
in consideration of the sum of Nine thousand three hundred and fifty dollars
($9,350.00) and other good and valuable consideration to us in hand paid by Central
Power and Light Company, a Texas corporation, hereinafter called "Grantee ", has
GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY
unto Grantee, its successors and assigns, an easement and right of way for electric
transmission lines, consisting of poles or towers made of wood, metal, or other
materials, wires, circuits, static wires, telephone and telegraph wires, crossarms,
insulators, guys, and all necessary or desirable appurtenances, over, across, and
upon the following described lands located in Nueces County, Texas, to wit:
TRACT I
Being 4.92 acres of land, more or less, out of and a
part of the Gregorio Farias Grant, Abstract No. 592,
situated in Nueces County, Texas; and being the same
tract of land described, by metes and bounds, in deed
conveyed to the City of Corpus Christi, a municipal
corporation by Tom C. Bickham and wife, Emma Bickham,
under File No. 814694 dated May 25, 1970, recorded in
Volume 1370, at page 27 to 30 of the Deed Records of
Nueces County, Texas.
TRACT II
Being 13.963 acres of land, more or less, out of and a
portion of the Gregorio Ferias Grant, Abstract No. 592,
situated in Nueces County, Texas; and being a portion
of that certain 43.149 acre tract of land acquired by
the City of Corpus Christi by virtue of a judgment dated
November 23, 1954, in condemnation proceeding No. 71, in
the County Court of Nueces County, Texas, styled City of
Corpus Christi vs. Zelda Jennings, which judgment is of
record in Volume 1, at page 571 of the County Court
Minute Records, Nueces County, Texas.
TRACT III
Being 37.806 acres of land, more or less, out of and a
part of the Gregorio Ferias Grant, Abstract No. 592,
situated in Nueces County, Texas; and being the same
tract of land described 2n deed conveyed to City of
Corpus Christi by H. D. iountiss, under File No. 420961
dated January 7, 1955, recorded in Volume 672, at pages
346 to 350 of the Deed Records of Nueces County, Texas.
Said 37.806 acre tract being further described as
Spillway Tract "A ", all as shown on map or plat
thereof recorded in Volume 28, at page 63 of the Map
Records of Nueces County, Texas.
TRACT IV
Being 30.02 acres of land, more or less, out of and a
part of the Gregorio Ferias Grant, Abstract No. 592,
situated in Nueces County, Texas; and being the same
tract of land described by metes and bounds in deed
conveyed to the City of Corpus Christi by A. B. Ault
and wife, Mamie Ault, under File No. 41896 dated
December 30, 1954, recorded in Volume 669, at pages
189 to 191 of the Deed Records of Nueces County, Texas.
Said 30.02 acre tract being further described as Spillway
Tract "B ", all as shown on map or plat therof recorded
in Volume 28, at page 63 of the Map Records of Nueces
County, Texas.
The right -of -way for the electric transmission line is described as follows:
PARCEL "A"
Being 1.92 acres of land, more or less out of and a part
of the above described Tracts I and II, and being the
same tract of land described by metes and bounds as follows:
Starting in quest of a place of beginning at the most
Southerly corner of the above described Tract I;
Thence North 55 °14' 08" West, a distance of 852.2 feet
to the Place of Beginning;
Thence North 22 °03'52" East, a distance of 621.6 feet to
a point for corner;
Thence North 20° 22' 35" East, a distance of 425.5 feet to
a point for corner in the North line of the above described
Tract II, same being the South line of that certain 4.02
acre tract of land now owned by Central Power and Light
Company, said point bears North 55° 21' 08" West, with said
North line, a distance of approximately 284.1 feet from the
Northeast corner of said Tract II;
Thence North 55° 21' 08" West, with said North line, a dis-
tance of 82.6 feet to a point for corner, said point bears
South 55° 21' 08" East, with said North line, a distance
of 727.5 feet from the Northwest corner of the above described
Tract II;
Thence South 20° 22' 35" West, a distance of )014.6 feet to
a point for corner;
Thence South 22° 03' 52" West, a distance of 602.4 feet to
a point for corner in the South or Southwest line of the
above described Tract I, said point bears South 550 14' 08"
East, with said South or Southwest line, a distance of
161.5 feet from the most Westerly corner of said Tract I;
Thence South 55° 14' 08" East, with said South or Southwest
line, a distance of 82 feet to the Place of Beginning.
-2-
PARCEL "B"
Being 7.75 acres of land, more or less, out of and a
part of the above described Tracts III and IV, and
being the same tract of land described by metes and
bounds as follows:
Starting in quest of a place of beginning at the inter-
section of the Northwest boundary of Up River Road,
(Shell Road), with the Northeast boundary of Sharpsburg
Road;
Thence North 84° 11' East, with the Northwest boundary
of said Up River Road, same being a Southeasterly line
of the above described Tract III, a distance of approxi-
mately 70.3 feet to the Place of Beginning;
Thence North 16° 50' East, a distance of approximately
377.5 feet to a point for corner;
Thence North 21° 08' West, at 138.4 feet, the Southeast
corner of that certain 8.88 acre tract described as
Second Tract in deed to H. D..Countiss recorded in
Volume 189, at page 136 of the Deed Records of Nueces
County, Texas, in all a distance of 1162.3 feet to the
Northeast corner of said 8.88 acre tract, same being
the most Westerly corner of said Tract III;
Thence North 76° 37' 41" East, with the Northwest line
of said Tract III, a distance of approximately 856.7
feet to the most Northerly corner of said Tract III•and
the West corner of the above described Tract IV;
Thence North 43° 46' East, with the Northwest line of
Tract IV, a distance of approximately 1840 feet to the
North corner of said Tract IV in the Southwest margin
of the Nueces River;
Thence South 61° 59' East, with the Southwest margin of
the Nueces River, a distance of approximately 67.5 feet
to a point for corner;
Thence South 43° 46' West, parallel with the Northwest
line of said Tract IV, a distance of approximately 1785
feet to a point for corner;
Thence South 31° 07' 42" East, a distance of.approxi-
mately 49.5 feet to a point for corner;
Thence South 76° 37' 41" West, a distance of approxi-
mately 88 feet to a point for corner;
Thence South 43° 46' West, a distance of approximately
88 feet to a point for corner;
Thence North 31° 07' 42" West, a distance of approximately
45.9 feet to a point for corner;
Thence South 73° 58' 35" West, a distance of approximately
679.2 feet to a point for corner;
Thence South 21° 08' East, parallel with a Southwesterly
line of the above described Tract III, a distance of
approximately 1047.3 feet to a point for corner;
Thence North 87° 51' East, a distance of a_Tc.oximately
124 feet to a point for corner;
Thence South 2° 09' East, a distance of approximately
40 feet to a point for corner;
Thence South 87° 51' West, a distance of approximately
134.6 feet to a point for corner;
Thence South 16° 50' West, a distance of approximately
366.7 feet to a point in the Northwest boundary of
Up River Road for corner;
Thence South 84° 11" West, with the Northwest boundary
of said Up River Road, a distance of approximately 86.7
feet to the Place of Beginning.
In further consideration of the grant made herein, it is agreed by the Grantor
and Grantee That:
1. In addition to the right of ingress and egress to
maintain its facility, Grantee shall cut and remove
only that vegetation and natural growth within the
right -of -way described herein.
2. Prior to Grantee removing or relocating any of its
facilities in said right -of -way, and prior to Grantee
removing or relocating any City-owned installation
which would interfere with the safe and efficient
operation of any of said Grantee's facilities, Grantee
shall first obtain express written consent from Grantor.'
3. In the event that Grantor deems it necessary to expand
or enlarge its water treatment, water storage and
sewage storage facilities or construct any public
facility upon the land described herein, Grantee shall
relocate or adjust its facilities as required, to a
mutually agreeable location on Grantor's property.
Grantor shall notify Grantee 30 days prior to the insti-
tution of construction of such facility. This provision
is hereby made expressly applicable to Parcel "A" of the
premises described herein, upon which the Grantor may
commence construction of a water storage tank with a
top elevation of approximately eighty (80') feet.
4. Grantor shall have the right to use the premises
described herein in addition to uses as described
in paragraph 3 above, for any public purpose it
deems necessary without first having obtained written
consent from the Grantee, subject to, however, Grantor
providing written notice to Grantee not less than
thirty (30) days prior to the institution of such use
of the premises, provided such use does not interfere
with the rights herein granted; except as provided
in paragraph 3 above.
5. Grantee shall be liable to Grantor for any damage or
injury to City property that may result from the
exercise of the rights granted hereunder.
6. Grantee shall indemnify and hold harmless Grantor from
any and all claims of damage or injury that may occur
or result by reason of any unauthorized use of the
premises by the general public by employees, agents,
or contractors of Grantee, unless such damages or
injury are caused by the sole negligence of Grantor.
7. Grantee shall erect Pole No. 13 in such a manner that
the foundatinu shall have a f.ival grits :d surface finished
grade elevation of at le:a:l. forty 0:0') foot above moan
1
8. Grantor shall have the right to reconstruct the levees
surrounding its sludge drying bed on Parcel "B" described
herein, for the purpose of maintaining a sludge level on
said drying bed to a height not exceeding twenty (20')
feet above natural ground level.
9. The portion of the easement granted hereunder on land
occupied by the 0. N. Stevens Water Plant Wildlife and
Bird Sanctuary, as established by Ordinance No. 10074,
adopted on the 13th day of January, 1971, shall be made
revocable, and said easement and right -of -way and all
rights hereunder shall be deemed terminated and revoked
in the event any of the regulations of said Ordinance
are violated by Grantee or any of its agents or employees.
The provisions and regulations of said Ordinance No . 10074
shall not be construed to be waived by the grant of author-
ity herein, but said Ordinance shall otherwise continue in
full force and effect, except as expressely provided herein.
10. Grantor shall have the right, when it is deemed necessary
by Grantor, to require Grantee to relocate at Grantee's expense
all of said electric transmission facilities and appurtenances
from on, over, under, and through any or all portions of Parcel
"A" or Parcel "B" as herein described to a mut-as11y agreeable
location on Grantor property provided by Grantor. In the
event Grantor requires that Grantee relocate all or any part
of said transmission facilities and appurtenances as
herein described then Grantee herewith agrees to relocate these
facilities within eighteen (18) months after written
notification by Grantor.
Together with the right of ingress and egress over, across, and
upon said land for the purpose of constructing, operating, reconstructing
on poles or metal towers, enlarging, inspecting, patrolling, repairing,
maintaining and removing said lines, circuits, poles, metal towers, wires,
and appurtenances; the right to relocate along the same general direction
of said lines; and the right to remove from said. lands, described as Parcel
"A" and Parcel "B" above, all trees and parts thereof, or other obstructions,
which endanger or may interfere with the safety or efficiency of said lines
or appurtenances.
In addition to the consideration hereinabove provided, Grantee shall
pay Grantor for all damage to Grantor's growing crops, furrows and fences
done in connection with constructing, inspecting, maintaining, repairing,
reconstructing, and removing said lines on said land.
TO HAVE AND TO HOLD the above described easement and rights unto
the Grantee, its successors and assigns, until all of said lines shall be
abandoned and removed. Grantor binds itself, its successors and assigns, and
legal representatives to warrant and forever defend all and singular the
above described easement and rights unto the said Grantee, its successors
-5-
and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof.
EXECuuJ) this the day of , 1974.
CITY OF CORPUS CHRISTI
ATTEST:
By
City Secretary R. Marvin Townsend
City Manager
APPROVED:
DAY OF , 1974:
City Attorney
THE STATE OF TEXAS X
COUNTY OF NUECES X
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
, 1974.
IL
Notary Public in and for Nueces
County. Texas
5CALE 1" I APP. DATE
PorE�9T
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CITY U= CO`k.4.)U5 C4-1``. I`5TI
REV.
SCALE 1 "= 400'
APP. E` <'ir•
DATE w -2b -73
• •
Corpus Christi, Texas
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,
MAYOR
THE CITY OF CORPUS CHRISTI, TE
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.
J. Howard Stark