HomeMy WebLinkAbout12269 ORD - 09/18/1974• JRR:VMR :9- 18-74; •
1ST
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO APPROVE AGRICULTURAL WATER
USE COVENANT WITH MORRIS L. LICHTENSTEIN, JR., INCLUDING A
TEMPORARY EASEMENT ACROSS CITY PROPERTY SO THAT A TAP MAY
BE LOCATED AT THE END OF AN EXISTING MAIN, SAID PROPERTY
BEING SITUATED ON SARATOGA BOULEVARD, WEST AND ADJACENT
TO THE WESTSIDE WASTEWATER PLANT, ALL AS MORE FULLY SET
FORTH IN THE AGRICULTURAL WATER USE COVENANT, A COPY OF
WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE
A PART HEREOF; 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 HERESY AUTHORIZED
TO APPROVE AGRICULTURAL WATER USE COVENANT WITH MORRIS L. LICHTENSTEIN, JR.,
INCLUDING A TEMPORARY EASEMENT ACROSS CITY PROPERTY SO THAT A TAP MAY BE
LOCATED AT THE END OF AN EXISTING MAIN, SAID PROPERTY BEING SITUATED ON
SARATOGA BOULEVARD, WEST AND ADJACENT TO THE WESTSIDE WASTEWATE PLANT,
ALL AS MORE FULLY SET FORTH IN THE AGRICULTURAL WATER USE COVENANT, A COPY
OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO AUTHORIZE THE AFORESAID AGREEMENT
AT THE EARLIEST PRACTICABLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERA-
TIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO
ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SMALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH
EMERGENCY AND NECESSITY TO EXIST, 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, I1T� IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF
SEPTEMBER, 1974.
ATTEST:
�9CREIVARY GAY SS • � MA PR fOaO T&
L/TAE CITY OF C PUS CHRISTI, TEXAS
AijP OVED:
DAY OF SEPTEMBER, 19714:
EUC. ASST.,CITY ATTORNEY
12269
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SEC. 38 -63 AGRICULTURAL PT�ITER USE COVENANT
HE ST\TE OF TEXAAS X
COUNTY OF NUECES X
THIS COVENIUNIT made and entered into in duplicate
(1)
originals by and between Morris L. Lichtenstein, jr.
hereinafter_. called "OWNZER(S) ", and THE CITY OF CORPUS CHRISTI,
TEXAS, a home rule city of mbre than 200,000 population, a
municipal corporation and body politic under the. laws of
the State of Texas, situated in Nueces County, Texas, herein-
after- called "CITY'", for good and valuable consideration in
hand r..aceived by the.partics respectively and upon the cMre-
nants and conditions- hereinafter- stated
W I T N E S S E T H:
That Owners are all the owners in fee simple of all
the following described property located in(2) Nueces
County, Texas, situated outside the corporate limits of
City, generally delineate& oa. the: map- attached he eto-:a d
marked "Exhibit A "r and being more particularly described
as follows, to- wit :. (3) See ExhibiO4B" attached hereto and made -
a part hereof. (4) See Exhibit "'C" attached hereto and made apart
hereof for Addendum. (5) See Exhibit "'D" attached hereto and made a
part hereof for Drawing.
b, } "1''
•
II
r-1
The City has agreed to furnish Owner(s) water service to the above
described property upon terms and conditions promulgated. by City pursuant and
subject to Ordinance No. 11139, City of Corpus Christi, which are by this
reference incorporated herein and made a part hereof for all purposes, and
further conditioned on Owner(s) compliance therewith and current payment of
all charges due therefor under the City's established rates for such water
service.
III
Owners hereby expressly covenant with City, as a covenant running
with the land and binding their successors and assigns, and as a guarantee to
the City, that the water furnished hereunder is for use in agriculture only
and in the event such use is substantially discontinued for a period of nine (9)
months, less the time such property is subjected to a natural disaster, if any,
the use of City water on said property shall be discontinued and said water
service shall be terminated. In no event shall said water be used for other
than agricultural purposes.
IV.
All connections to the City water system shall be subject to the
same rules and regulations regarding standards of installation and discon —.
nections for failure to pay charges, as consumers within the City, limits_
V
This Covenant shall be recorded in the.Deed Records of the county in
which the majority of the area of said property is situated.
WITNESS OUR HANDS, this the day of August , 19 74.
CITY OF CORPUS CHRISTI, TEXAS � i� (S) (7 `
BY i
City Manager Morris L. Licht6nst P4Wity)
Address:
ATTEST: P. O. Box 833
Corpus Christi Texas 78403
(Capacity)
City Secretary Address:
APPROVED:
(Capacity)
Address:
ty Attorney
(Capacity)
EBHIBIT 'IV,
Being thus East or. Southeast sixty (60) acres of land out of a 113.34 acre
tract of land out of Tracta Twelve (12), Thirteen (13), Fourteen (14) and
Fifteen (15) of the wjuTM ROBERTSON FARM TRACTS, Nueces County, Texas,
as.shown by the map thereof recorded in Volume 3, page 31, Map Records of
Nueces County, Texas; said 60 -acre tract of land being more particularly
described by metes and bounds as follows, to wit:
BEGINNING at a 1" iron rod on the South or Southwest right- of-Way line of
Saratoga Boulevard for the East or Northeast corner of said 113.34 acre tract
and also the East or Northeast corner of the tract herein described,.from
which point of beginning the East or Northeast corner _of said Tract 13 bears
South 610 29' lo" East, 547.20 feet and North 27" 35' East, 80.34 feet;
THENCE South 290 00' 00" West, with the East or Southeast boundary of said
113.34 acre tract, 2558.25 feet to a 1" iron rod at the South or Southeast
corner of said 113.34 acre tract for the South or Southeast "corner of this
tract; .. .
THENCE North 61 ° -33' 10" West, with the South or Southwest boundary of said
113.34 acre tract, 1021.44 feet to a 5/8" iron rod for the West or Southwest
corner of this tract;
TE NCE North 29° 00'.00" East, parallel to the East or Southeast boundary of
this tract, 2560.56 feet to a 5/8" iron rod in the South or Southwest right-Of-
way line of Saratoga Boulevard which is also the North or Northeast boundary
of said 113.34 acre tract of land, for the North or Nortbwast corner of this
tract;
TE*ENCE with the South or Southwest right- of-way line of Saratoga Boulevard,
South 550 46' 30" East, 14.18 feet and sixty 291 loof�and 1007.30 feet 47
to the place of beginning, containing ( 60 )
acres lies within the 1/2 width (201) of a forty (40) foot road along the
South or Southwast boundary of this tract. r
EXHIBIT "C"
ADDENDUM
Notwithstanding any of the foregoing provisions, Nos. 1 to 5, inclusive,
the water used under this contract shall be for the support of agricultural
operation, and to this end the City of Corpus Christi, by its acceptance hereof,
grants to the Owner, Morris L. Lichtenstein, Jr., an easement way as shown
on Exhibit "D" (attached hereto and made a part hereof) for the purpose of
installing a water line not larger than two inches in diameter from a City
water meter setting inside properties owned by the City of Corpus Christi
and known as the Westside Sewerage Plant, such service line to follow along
the route shown on Exhibit "D ", with the City of Corpus Christi setting a suit-
able meter for such service line, which meter will be set at a point selected
by the City on the input side of the sewerage treatment plant water meter.
In constructing such temporary water line, Owner shall cause the same
to be constructed in a good workmanlike manner, restoring all surface of
the soil to its proper condition and repairing any damages to fences, trees,
or other properties of the City of Corpus Christi.
The easement herein granted by the City of Corpus Christi shall be
a temporary easement and upon any water main being constructed along Sara-
toga Boulevard in a westerly direction from the existing City water mains,
such temporary easement shall cease, with the Owner having the right to
remove or abandon in place such temporary water line. If at any time ade-
quate water facilities are extended along Saratoga Boulevard, Owner shall
pay his proportionate cost of such waterline, and in the event others owning
properties west of Owner's properties desire water service, Owner herein
agrees to participate in the construction of such line, paying his proportionate
share thereof.
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Corpus Christi, Texas
day of , 192
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,
MAY
CITY OF CORD 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 al'"
James T. Acuff LA_-
Rev., Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark