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Home My WebLink About12269 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 • 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. ;2fC.. -0 ,L Cri+xd ��!c GGJxcGi i'I�C�� cc�a�Q Gad x {=F .�.�rc- L••'r -, r,' e-� � �%°.v��C �t«�� ,/ j _ �1 `lam /(le =�JTT n_7 N� ,,,_ �G� i�t*�o /lo..�s �_�zu� ,��-� �/�/�z /e teJr.�� vr.0 Gc._.C�,� <,� � 1.��f�_.•+ �,-� /a-G r� il/f� /=� ��o w �.•c�P .!�-C//vt�� /. ,d'�`°�' `° r�.2/ G ✓� �,G �c%ltisc.st� ��Cl,' .�ic.� c -t -,�/ Q - 1 x ` w urcz rrsrr••+•�+ rPI6N� �y '}, } ..JJJJII : V 4.c' •ry • r�J 2L9 4 c� ' 4r.� — — — — — — _ �roJSC.�i PCteit /o it Zr. %Gnir o%Y `! W7.TE. I[ L rNC. _ — — —� — — _ /�-- YFJb C %ip�a�bE% • 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