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;
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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
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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.
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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
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'PROFILE
TYPICAL P|psLIms cnouuwo mTscTm wn*m onv umna
OF CORPUS CHRISTI, NUECES COUNTY.- TEXAS
EXHIBI T 6
SEALI�, INC.
SUNVCV RS & ENGINEERS
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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: