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HomeMy WebLinkAbout13392 ORD - 09/15/1976JKH:hb:9 /14/76 AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO DAVIS OIL COMPANY FOR INSTALLATION OF A 3-1/2" - PIPELINE IN PORTIONS OF CARIBBEAN DRIVE, FLOUR BLUFF DRIVE, AND YORKTOWN 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, TEXAS: 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 Davis 011 Company to install a 3 -1/2" diameter pipeline in portions of Caribbean Drive, Flour Bluff Drive, and Yorktown Boulevard, 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 pipeline at the location 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 _day of September, 1976. ATTES C- ty Secretary N— MAY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ' DAY OF SEPTEMBER, 1976: J. BRU� CITY ATTORNEY Assistant C t ttorney 13392 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 con- sideration of the sum of Three Thousand One Hundred Thirty -Nine and 70/100 dollars ($3,139.70) to it in hand paid by Davis Oil Company, hereinafter sometimes referred to as GRANTEE, said fee to be based on a charge of twenty cents (20j) per foot for 14,698.5 feet of pipeline placed within street right -of -way and $200 for crossing Caribbean Drive, Flour Bluff Drive, and Yorktown Road, 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 Davie Oil Company the right to lay, construct, operate, maintain, repair and remove one (1) 3 -1/2" pipeline in portions of Caribbean Drive, Yorktown Road, and Flour Bluff Drive, in all a total distance of 14,698.5 feet within City street rights -of -way, more fully described as follows: Beginning at a point in the North fence line of Caribbean Drive. Said beginning point is located North 61° 00' West, a distance of approximately 2075.5 feet from the center- line of Flour Bluff Drive; Thence South 29° 00' West, a distance of 4 feet to an angle point; Thence South 61° 00' East, parallel to and 4 feet South of the Caribbean Drive North fence line, a distance of 2100.5 feet to an angle point within the right -of -way of Flour Bluff Drive; Thence South 28° 08' West, a parallel to and approximately 5 feet West of an existing Exxon pipeline, a distance of 148.5 feet to an angle point; Thence South 29° 00' West, parallel to and 15 feet West of the Flour Bluff Drive East fence line, a distance of 5168.5 feet to an angle point within the right -of -way of Yorktown Boulevard; Thence South 61° 00' East, approximately parallel to and 20 feet North of the Yorktown Boulevard South right -of- way line, a distance of 4318.0 feet to an angle point; Thence South 64° 43' East, a distance of 76 feet to an angle point; JVT ����T Thence South 60° 51' East, parallel to and approximately 3 feet North of an existing 2" City gas pipeline, a distance of 445.5 feet to an angle point; Thence South 60° 08' East, continuing parallel to and approximately 3 feet North of the said City gas pipeline, a distance of 253.50 feet to an angle point; Thence South 57° 45' East, continuing parallel to and approximately 3 feet North of the said City gas pipeline, a distance of 258.0 feet to an angle point; Thence South 61° 02' East, parallel to and approximately 3 feet North of an existing 4" City gas pipeline, a distance of 1156.4 feet to an angle point; Thence South 62° 11' East, continuing parallel to and approximately 3 feet from the said 4" gas pipeline, a dis- tance of 123.6 feet to an angle point; Thence South 61° 00' East, continuing parallel to and approximately 3 feet North of the said 4" gas pipeline, a distance of 626.0 feet to an angle point; Thence South 29° 00' West, a distance of 20 feet to a point in the Yorktown Boulevard South fence line, for the ter- mination of this description. The said termination point is located South 61° 00' East, a distance of 10 feet from a fence corner marking the intersection of said South fence line with the West line of Lot 20, Section 52, Flour Bluff and Encinal Farm and Garden tracts. TO HAVE AND TO HOLD the same unto the said Davis 011 Company, their successors and assigns, together with the right and privilege at any and all times to enter upon the above strip of land for the purpose of constructing and maintaining the said pipeline for transportation of oil or gas at said location. It is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. The 3 -1/2" line will carry a maximum pressure of 700 PSI. 2. Said lines shall be placed substantially in compliance with the plan attached hereto and made a part hereof. The City will inspect this work during the construction period. 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 thirty (30) 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 -2- of said pipelines, or the operation, maintenance or existence thereof. 5. Grantee) will repair or cause to be repaired any damage to any street, 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 pipelines and the operation and maintenance thereof. Grantee will apply to the Director of Engineering & Physical Development for a permit before disturbing 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 street for public purposes. The attached Exhibits "A" and "B" indicate alignment proposed for the 3 -1/2" line. A. Line will be placed within a 1,000 PSI steel casing. The casing will be placed by boring for the full width of crossing as required. The casing shall have a vent at each end. The backfill and street repair shall be done in accordance with the "Construction Manual" of the Department of Engineering & Physical Development of the City of Corpus Christi. B. No work is to be started before proper permit has been obtained. Pipeline will be covered with forty -two (42) inches or more of earth cover. C. Grantee shall adjust or relocate the above described pipelines, if necessary, for the construction of any public utilities or change in street grade or patterns on the streets or for any other reason of the City stated in writing to Grantee, at the points above described. D. Grantee will erect markers at the points where such pipeline enters or leaves a street right -of -way. Such markers shall be of iron, bearing pipeline owner's name, and placed at the edge of the public right -of -way. -3- IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed in duplicate originals this the day of . 1976. ATTEST: City Secretary APPROVED: DAY OF , 1976: J. BRUCE AYCOCK, CITY ATTORNEY By. Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI By. ' R. Marvin Townsend, City Manager QL� ,y'a... AUTHORIM :�:�b BY COUNCIL..... .�. ,z2—em .. SECRETARY 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 . 1976. Notary Public in and for Nueces County, Texas L-Gu UrL 0 Zn Qa vi O On S. | 'PROFILE TYPICAL P|psLIms cnouuwo mTscTm wn*m onv umna OF CORPUS CHRISTI, NUECES COUNTY.- TEXAS EXHIBI T 6 SEALI�, INC. SUNVCV RS & ENGINEERS DA /3 OIL Cohfp ANY LOWRYO& / ' CORPUS CHRISTI, T S /f/ OAY OF , �9 `p 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 JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLET GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LUBY OR. BILL TIPTON EDUARDO DE As Es RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE VOTE: VOTE: