HomeMy WebLinkAbout12559 ORD - 03/26/1975MLM:vp:3 /24/75
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TEXAS:
AN ORDINANCE
GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO
CHAMPLIN PETROLEUM COMPANY FOR INSTALLATION OF A
20 -INCH PIPELINE AND TWO 16 -INCH PIPELINES IN
UpRIVER ROAD AND ADJACENT STREETS FROM BUDDY LAWRENCE
DRIVE TO THE INTERSECTION OF CORN PRODUCTS ROAD AND
UpRIVER ROAD, AS MORE FULLY SET OUT IN THE REVOCABLE
EASEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME
FORM, ATTACHED HERETO, MARKED EXHIBIT "A" IS MADE A
PART HEREOF, 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 Champlin Petroleum Company to install a 20 -inch
diameter pipeline and two 16 -inch diameter pipelines in UpRiver Road and
adjacent streets from Buddy Lawrence Drive to the intersection of Corn
Products Road and UpRivet Road, as more fully described in the Revocable
Easement, a copy of which, in substantially the same form attached hereto,
marked Exhibit "A ", is made a part hereof, upon payment of the fee provided
therein.
SECTION 2. The necessity for commencement of construction of the
aforesaid pipelines 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 y
of March, 1975.
ATTEST:
silty Secretary
APPROVED:
�5 DAY OFAkARCH, 1975:
4�dj(y� City Attotney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
12559
REVOCABLE EASEMENT
THE STATE OF TEXAS X'
COUNTY OF NUECES X
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 Twenty One Thousand and Twenty Four and no /100 Dollars ($21,024.00)
to it in hand paid by Champlin Petroleum Company, a Delaware Corporation, herein-
after referred to as Grantee, 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 Champlin
Petroleum Company the right to lay, construct, operate, maintain and repair a
multiple Pipeline consisting of one 20" and two 16" pipelines, along the approx-
imate center line of Up -River Road from the City Limits, approximately 500 feet
West of Lantana Street, Eastward to a point approximately 400 feet East of
Cantwell Drive; and along the center line of Poth Lane from Mueller St-to Gibson
Street. The route of said pipelines being further shown in the attached map
labeled Exhibit "A". The portions of this pipeline within the City Limits and
located in public street rights -of -way is 11,680 lin. ft. of multiple pipeline
(1 -20" & 2 -16" pipelines).
TO HAVE AND TO HOLD the same unto the said Champlin Petroleum Company,
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 pipeline for transportation of oil, 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 600 P.S.I.G.
2. Said line shall be placed in compliance with plans approved by
the Director of Engineering & Physical Development. The City will inspect the
pipelines during construction and approve the work after completion of construc-
tion and clean -up to the satisfaction of the City. (Notify City Petroleum Super-
intendent, 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 pipeline upon ninety (90) 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, railroad, sewer, storm sewer, drainage facility, underground lines,
wires, or pipes owned by the City of Corpus Christi or holders of any fran-
chise from the City, by reason of the construction of said pipeline and the
operation and maintenance thereof. Any cathodic protection system installed
by Champlin Petroleum Company will be compatible with and be approved by the
City of Corpus Christi. Grantee will apply to the Director of Engineering &
Physical Development for a permit before distrubing 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 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 specifications, and in addition;
(a) Grantee shall adjust or relocate the above described
pipeline 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.
(b) Grantee will erect markers stating ownership of the
pipeline at all points where such pipeline 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 day of , 1975.
ATTEST:
CITY OF CORPUS CHRISTI
City Secretary
APPROVED: BY
DAY OF MARCH, 1975: R. Marvin Townsend, City Manager
City Attorney
STATE OF TEXAS X
COUNTY OF NUECESX
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 instru-
ment, 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 con-
siderations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1975.
Notary Public, Nueces County, Texas
The above GRANT AND EASEMENT is hereby ACCEPTED this the day of
, 1975, by Champlin Petroleum Company, and said Champlin
Petroleum Company 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.
CHAMPLIN PETROLEUM COMPANY
By.
F. M. Otto, Vice President
ATTEST:
R. E. Thompson, Secretary
STATE OF TEXAS X
COUNTY OF TARRANT X
BEFORE ME, the undersigned authority, on this day personally appeared F. M.
Otto, Vice President, of Champlin Petroleum Company, a Delaware Corporation, known
to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the action of said corporation, and
that he executed the same as the action of such corporation for the pur-
poses and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1975.
Notary Public, Tarrant County, Texas
ADDUCTS
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LONGVI'
MAP SHOWING ROUTE OF CHAMPLIN
PETROLEUM COMPANY PIPELINES
(1 -20" 0 LINE & 2 -16" 0 LINES)
AS PER REVOCABLE EASEMENT GRANT
FROM CITY OF CORPUS CHRISTI.
EXHIBIT "A"
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SCALE: 1" = 1600'
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Corpus Christi, Texas
Gday of
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 following vote:
Jason Lub
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark