HomeMy WebLinkAbout13943 ORD - 09/14/1977 (2)JKH :vp :9/14/77:lst;•,
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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
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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-
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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
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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
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