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Home My WebLink About13943 ORD - 09/14/1977 (2)JKH :vp :9/14/77:lst;•, Qvjd ' AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO CRYSTAL OIL COMPANY FOR INSTALLATION OF A 6" GAS LINE IN THE SEDWICK ROAD RIGHT -OF -WAY, 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; 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 Crystal Oil Company to install a 6" gas line in the Sedwick Road right -of -way, 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. SECTION 2. The necessity for commencement of construction of the aforesaid gas line 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 requeste4 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, 1977. ATTEST: City Secretary MAYOR THE _CITY OF CORPUS CHRISTI, TEXAS APPROVED: This ordinance is in effect and force with or without the DAY OF SEPTEMBER, 1977: signature of the Mayor, in { J. BRUCE AYCOCK, CITY ATTORNEY accordance with Article II Section 6 of the City Charter. BY As istant City tt rney MICROFILMED JUL 0 71980 13943 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 One Dollar ($1.00) to it in hand paid by Chrystal Oil Company, hereinafter 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 .Chrystal Oil Company the right to lay, construct, operate, maintain and repair one (1) six inch (6 ") pipe line in Sedwick Road right -of -way from Manning Road East approximately 1900 feet all in the City of Corpus.Christi and being located approximately 27 feet North of the centerline•of Sedwick Road: TO HAVE AND TO HOLD the.same unto the said Chrystal Oil Company,.its successors and assigns, together with the'right and privilege at any_and'ali, times to-enter,'upon Sedwick Road for the purpose of constructin&Eand maintaining-the said pipe line for transportation'of gas and %orl petroleum products "at said location, and, it, is7Yurther_under'stood "that the foregoing - s "a *, bt � ° tF..t ' • lira .,_ .... r "ei - easement and right is granted upon the following conditions and terms: 1. Said lines will carry a maximum pressure of 250 p.s.i. 2. Said lines shall be placed substantially in compliance with the plat attached hereto and made a part hereof. The City will inspect and approve the line constr- uction. The street crossing (Main Drive) is to be made by the boring method. (Notify City Petroleum Superintendent 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 rea- son 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, sewer, storm sewer, drainage fa- cility, underground lines, wires, or pipes owned by the City of Corpus Christi�'or holders"of'any` franchise from the City, by reason 'of the:coiistruction 'of saidf pipeline and the opera- ` r,�f w,�b 14 P ). tion and maintenance thereof "%rantee will apply to the Director of tng neering and 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 property for public purposes. Two (2) maps. ^,•plats and engineering drawings have . been filed in the office of the Director of Engineering and Physical Development showing all details of installation and construction,,including depth of installation proposed, to r conform and comply with City requirements of such office as to engineering specifications as follows: 5' (a) Line is to be placed open cut except for the crossing of Main Drive, pipe line will be covered with thirty -six (36). inches or more of earth cover. (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 -2- 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• September 1977. CITY OF CORPUS CHRISTI By R. Marvin Townsen , ATTEST: City Manager City" Secretary . APPROVED this day of 1977: City Attorney- THE STATE OF TEXAS COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day per- - sonally appeared R. Marvin Townsend, known to me to be the City - Manager of the City of Corpus Christi, Texas, and the same per- son who signed the foregoing instrument, and acknowledged to me that he bxecuted 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 September 1977.- - s NOTARY PUBLIC, NUECEN COUNTY, TEXAS The above GRANT AND EASEMENT in hereby ACCEPTED this the day of September , 1977, by Chrystal Oil Company, and said Chrystal Oil 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. ;CHRYSTAL,OIL COMPANY ATTEST: a By � -•jai :'t.?st . .'-`�$• ..;�,i ..�� H; -- - q Corpus Christi, Texas +day o�' 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 suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, arid,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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. y' Y Respectfully, A MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by th- fnlll_owing vote: Jason Luby� Eduardo de Ases c David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the fallowing vote: Jason Luby — Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample k . T, 3 f f