HomeMy WebLinkAbout12357 ORD - 11/13/19740 JRR:jkh:11-13 -74
TEXAS:
AN ORDINANCE
GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE A REVOCABLE EASE-
MENT TO TEJAS GAS CORPORATION TO INSTALL, OPERATE, MAIN-
TAIN, REPAIR AND REMOVE ONE 8 -INCH PIPELINE ALONG THE
RIGHT OF WAY OF APPROXIMATELY EIGHT MILES OF CITY STREETS,
AS FURTHER DESCRIBED IN THE REVOCABLE EASEMENT ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", UPON
THE PAYMENT OF THE FEE PROVIDED THEREIN; 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 Tejas Gas Corporation to lay, construct, operate,
maintain, repair and remove one 8 -inch I.D. pipeline along the right of
way of approximately eight miles of City•streets, as further described
in the revocable easement, a copy of which is attached hereto and made a
part hereof, marked Exhibit "A", upon payment of the fee provided therein.
SECTION 2. The necessity for commencement of construction of
the aforesaid pipeline at the locations herein described 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 but 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 of November, 1974.
AJMV
10 DAY OF NOVEMBER, 1974:
.• T. ASST..City Attorney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
12357
•
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 Sixteen Thousand Four Hundred Fifty Three and 28/100 Dollars
($16,453.28) to it in hand paid by Tejas Gas Corp., a Texas Corporation,
hereinafter referred to as Grantee, the receipt of which is hereby acknow-
ledged and confessed, has granted, sold and conveyed, and by these presents
does grant, sell and convey, upon the conditions hereinafter stated, unto
the said Tejas Gas Corp. the right to lay, construct, operate, maintain and
repair one (1) eight inch (8 ")I.D. pipeline along Yorktown Road from approx-
imately 2000 feet East of Waldron Road to the Cayo del Oso Bay; then along
Saratoga Blvd. from the City Limits line approximately 2640 feet West of
the center line of South Staples Street to the City Limits line approximately
3000 feet East of Ayers Street and from the City Limits line at Greenwood
Drive to the City Limits line approximately 1640 feet West of Greenwood Drive;
then crossing the intersection of Saratoga Blvd. and Old Brownsville Road;
crossing Bear Lane approximately 250 feet East of Joe Muir Road; then across
the City of Corpus Christi International Airport property 79.5 feet from and
parallel to its most Easterly boundary line approximately 1300 feet, thence
Northeasterly approximately 470 feet to a point that is approximately 1780
feet North of Bear Lane and 17.5 feet from said most Easterly boundary line;
thence 17.5 feet from and parallel to said boundary line to the South
Right -of -Way line of Agnes Street (State Highway 444); then crossing Agnes
Street approximately 320 feet East of Joe Muir Road; then crossing Hopkins
Road approximately 1540 feet West of Corn Products Road; then crossing Leopard
Street approximately 1100 feet West of Cora Products Road; then along Up River
Road from the City Limits line approximately 3800 feet West of McBride Lane
to a point where it leaves Up River Road Right -of -Way approximately 50 feet
West of McBride Lane. The portions of this pipeline within the City Limits
r •
and located in public street right -of -way is 36,597 lin. ft. and an
additional 7,382 lin. ft. crossing Corpus Christi International Airport
for a total of 43,979 lin. ft. with 17 street crossings.
TO HAVE AND TO HOLD the same unto the said Tejas Gas Corp., its
successors and assigns, together with the right and privilege at any and
all times to enter upon said streets, for the purpose of constructing and
maintaining the said pipe line 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. Said line will carry a maximum pressure of 800 P.S.I.,
2. Said line shall be placed in compliance with plans approved by
the Director of Engineering & Physical Development. The City will inspect
the pipe line during construction and approve the line after completion of
construction and clean -up to the satisfaction of the City. (Notify City
Petroleum Superintendent, 884 -3011, Ext. 366 and Street Cut Inspector,
854 -3291 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 pipe line upon sixty (60) 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
pipe line or the operation, maintenance or existence thereof.
5. Grantee will repair or cause to be repaired any damage to
any street, railroad, 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 construction of said pipe
line and the operation and maintenance thereof. Grantee will apply to the
Director of Engineering & Physical Development for a permit before disturb-
ing any part of any street or sidewalk area and perform the work in accordance
with the permit and all City Ordinances applicable. Grantee will also obtain
necessary Texas Highway Department permits within the City Limits or other
applicable permits.
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6. All rights granted hereby shall be subordinate to all uses
as the City may make of such property for public purposes. A map and
engineering drawings have been filed in the office of the Director of
Engineering & Physical Development 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 speci-
fications as follows:
(a) The Pipe Line is to be placed across all street
crossings by boiing under the pavement and for at least 10'
beyond. Pipe Line will be covered with thirty -six (36) inches
or more of earth cover at all points including crossing of
drainage ditches.
(b) Grantee shall adjust or relocate the above described
pipe line during or after installation if necessary for the
construction of any existing or proposed public utilities 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 pipe line enters or leaves
the City property. Such markers shall be of a durable material
and maintained in good condition at all times.
7. Grantee agrees that this easement does not grant it any
right to sell or distribute natural gas to consumers, whether industrial,
commercial or residential, 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 1974.
ATTEST:
City Secretary 'n
.
APP D this day
of , 1974.
I 4d&&�_ , City Attorne
CITY OF CORPUS CHRISTI
Ey
R. Marvin Townsend, City Manager
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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 1974.
Notary Public, Nueces County, Texas
The above GRANT AND EASEMENT is hereby ACCEPTED this the
day of , 1974, by Tejas Gas Corp., and said Tejas
Gas Corp. 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.
TEJAS GAS CORP.
By d
Wallace Sparkman, President
ATTEST:
Richard Senders, Secretary
THE STATE OF TEXAS )
COUNTY OF NUECES )
BEFORE ME, the undersigned authority, on this day personally appeared
, of Tejas Gas Corp., a Texas Corporation,
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the some was the action of said
corporation, and that he executed the same as the action of such corpora-
tion 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.
Notary Public, Nueces County, Texas
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•
Corpus Christi, Texas
•
day of i , 19_
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, 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 fol owing vote:
Jason Luby
James T. Acuff
Rev.'Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark