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HomeMy WebLinkAbout14192 ORD - 02/22/1978�jkh:ya:2- 22- 78;1st • • TEXAS: AN ORDINANCE GRANTING REVOCABLE EASEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE EASEMENTS TO SOUTH TEXAS. PIPELINE COMPANY FOR INSTALLATION OF TWO PIPELINES IN A TEN -FOOT STRIP IN MCKENZIE ROAD RIGHT -OF -WAY PARALLEL TO AND ABUTTING HIGHWAY VILLAGE, SECTION 1 ANNEX, BLOCK 7, LOT 1, CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY PLAT RECORDED IN VOLUME 42, PAGE 100, MAP RECORDS OF NUECES COUNTY, TEXAS AND FOR THE INSTALLATION OF TWO PIPELINES IN A PORTION OF SURVEY 419, ABSTRACT 570, AND MORE PARTICULARLY DESCRIBED IN VOL. 1048, PAGE 551, DEED RECORDS, NUECES COUNTY, TEXAS, ALL AS MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENTS, A SUBSTANTIAL COPY OF EACH EASEMENT BEING ATTACHED HERETO, MARKED EXHIBITS "A" AND "B ", AND MADE A PART HEREOF; 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, instruments of revocable easement to South Texas Pipe -line Company to install two pipe- lines in a ten -foot strip east of, parallel to and adjacent to McKenzie Road out of Highway Village, Section 1 Annex, Block 7, Lot 1, Corpus Christi, Nueces County, Texas, as shown by plat recorded in Volume 42, Page 100, map records of Nueces County, Texas, and for the installation of two pipelines in a portion of survey 419, abstract 570, and more particularly described in Volume 1048, Page 551, Deed Records, Nueces County, Texas, as more fully described In the revocable easements, a substantial copy of each being attached hereto, marked Exhibits "A" and "B" and made a part hereof. SECTION 2. The necessity for commencement of construction of the aforesaid gas lines 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 MICROFILMED `VL071900 ttll 9 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 February, 1978. ATTEST: City Secretary APPROVED: ?/ Y DAY OF FEBRUARY, 1978: J. BRUCE AYCOCK, CITY ATTORNEY BY: Assistant 71f ttorney REVOCABLE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT the undersigned, CITY OF CORPUS CHRISTI, hereinafter called "Grantor"� for and in consideration of Ten Dollars ($70.00) and other good and valuable con- sideration, the receipt and sufficiency of which is hereby acknowledged, does here- by grant, bargain, sell and convey unto SOUTH TEXAS PIPELINE COMPANY, a Delaware corporation, hereinafter called "Grantor ", its successors and assigns, a right -of- way and easement exercisable at any time and from time to time to construct, lay, maintain, operate, inspect, alter, repair, patrol (including aerial patrol), re- move, relocate, re -lay, change the size of and replace two (2) pipelines, to- gether with appropriate valves, drips, meters, fittings, tieovers, markers and other equipment and appurtenances, including corrosion control equipment, for the transportation of crude petroleum, oil, gas, petroleum products and by- products, water and any other liquids, gases or substances whether of like or different nature which can be transported through pipelines, upon, over, through, across and under lands which the undersigned owns or in which the undersigned has an in- terest, situated in the County of Nueces, State of Texas, described as follows: Being a 10' strip of land in McKenzie Road right -of -way parallel to and abutting Lot 1, Block 7, Highway Village, Section 1 Annex, as recorded in Vol. 42, Page 100, Nueces County, Texas, Deed Records. and also, insofar as and to the extent that Grantor has the right to do so, over, through, upon, under and across the lands, roads, streets, highways or other rights- o£ -way over, adjoining or appurtenant to the above - described land, it being understood that whenever the term "said land" is hereinafter used it shall be deemed to include all the lands, roads, streets, highways or other rights -of -way described and referred to above. Said right -of -way and easement shall be ten (10') feet wide. (See EXHIBIT "A" attached hereto and made a part hereof for all prac- ticable purposes), and Grantee's use shall be confined to ten (10') foot strip. Grantee shall have and is hereby granted the right to do whatever may be necessary for the n,11 1. rr Exl, 6.t .9 -1- enjoyment of the rights and easements herein granted (including without limitation the right within said ten (10') foot strip to maintain the area over and in the vicinity of any pipeline constructed hereunder clear of trees, undergrowth, brush, and other obstructions so as to prevent damage to or interference with the efficient operation and patrol of the pipelines constructed under this grant). It is expressly understood and agreed that by the terms of this con- veyance and agreement, Grantee has the right to construct, lay, maintain, operate, inspect, alter, repair, patrol, remove, relocate, re -lay, change the size of and re- place at any time and from time to time up to but not more than two (2) lines of pipe (not necessarily for the purpose of transporting the same substance being transported in any existing line laid under the terms hereof) within said ten (10') foot easement and right -of -way strip upon, over, through, across and under said land, together with valves, drips, meters, fittings, tieovers, markers and other equipment and appurtenances, including corrosion control equipment, without the payment of any additional consideration (except for damages to growing crops, fences and timber resulting from the exercise of the rights herein granted as provided below and as provided in item 6 below), provided that any such appurtenances shall be limited to those shown on the plat attached hereto and made a part hereof. This conveyance and agreement, and all the terms and provisions hereof, shall bind and inure to the benefit of Grantor and Grantee and the respective heirs, ltssees, licensees, successors and assigns of Grantor and Grantee. Grantee, Its successors and assigns, is hereby expressly given and granted the right to assign the rights and easements herein granted and conveyed or any part thereof or interest therein to any person, firm, corporation, partnership or other entity, and such rights and easements are and shall be divisible among two or more owners so that each assignee or owner shall have and enjoy said rights and easements either separately or together. TO HAVE AIM TO HOLD unto Grantee, its successors and assigns, to- gether with rights of ingress to and from the premises over the above - described property and over any adjoining lands of Grantor for the use and enjoyment of the rights and easements herein granted. It is further understood that the foregoing easement and right is granted upon the following conditions and terms: -2- 1. 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. 2. 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. 3. 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 pipeline and the operation and maintenance thereof.' Grantee will apply to the Director of Engineering 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. r - 4. 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 shall be filed in the office of the Director of Engineering and Physical Development showing all details of installation and construction, in eluding depth of installation proposed, to conform and comply with City require- ments of such office as to engineering specifications as follows: (a)- Line is to be laid by cutting an open trench. Pipeline will be covered with thirty -six (36 ") inches or more of earth cover. (b) Grantee shall adjust or relocate the above described pipeline, if necessary for the construction of any public utilities or railroad tracks 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 pipeline at all points where such pipeline enter or leave the City property. Such markers" shall be of a durable material and maintained in good condition at all times. 5. Grantee is expressly prohibited from the sale and distribution of natural gas to consumers, whether industrial, commercial or residential, within the corporate limits of the City of Corpus Christi. 6. It is expressly understood that prior to the installation of any pipelines within the easement Grantee must file plans with the City of Corpus Christi, Department of Engineering and Physical Development and must pay the -3- revokable easement use fee established by the City of Corpus Christi Ordinance No_ 10477 or latest revision thereof. Grantor may use and enjoy said premises subject, however, to the rights and easements herein granted,to Grantee; provided that Grantor shall not construct or maintain or permit to be constructed or maintained any house, structure, pond, reservoir or obstruction on or over any pipeline or appurtenance constructed here- under or which in the sole judgement of Grantee, will interfere with or incon- venience the construction, operation, inspection, maintenance, repair, replacement or removal of any such pipeline of appurtenance, and Grantor will not change the grade over any such pipeline. Except as to any appurtenances, equipment or facilities which are cus- tomarily located above ground, any pipeline laid pursuant to this grant shall, wherever said land is under cultivation, be constructed initially at a minim,m depth of thirty -six (36 ") inches measured from the top of the pipe to the normal ground level so as not to interfere with ordinary cultivation thereof. Grantee agrees to pay for all damages to growing crops, fences, and timber on said land which may immediately and directly result from the exercise of the rights herein granted. It is mutually understood and agreed that this agreement as written covers all covenants, agreements and stipulations between the parties and that no representations or statements, written or oral, have been made. modifying, adding to or changing the terms hereof, and that the party securing this conveyance on behalf of Grantee is without authority to make any representation, stipulation, covenant or agreement not herein expressed. IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of , 197 CITY OF CORPUS CHRISTI ATTEST: City Secretary BY - R. Marvin Townsend City Manager APPROVED: DAY OF J. BRUCE AYCOC , BY Asst. City Attorney Director of Finance THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME,.the undersigned authority on this day personally appeared R. Marvin Townsend, City Manager of the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation, known to me to be the person and office whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF CORPUS CHRISTI for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this day of 197 Notary Public In and For Nueces County, Texas -5- Lf -1r EXBIBIT "A" • F R,A L- PLAT :' HIGHWAY VILLAGE, SEC`]-ION 1, CORPUS CHRISTI, NUECES COU ® R. 10-o- J T =9.97' L -15-t6' i O I I L ' Each corner marked by a 5/8 inch iron rod. ,..s8o° 48 E /58.7/ �•sy.,, w n 0 I 4� Q y� o Ih I S //60'L 48'W 148.74 11A PRING row Do vz LEGAL DESCR] Being a portion in Nueces County Volume 1M., Pap STATE OF TEXAS: COUNTY OF NUECES: that' this plat is t and that it was pre 1976 and from previ STATE OF TEXAS: COUNTY OF NUECES: subject to alien he lands embraced with LOT 1, Corpug Chris surveyed and subdi% map are dedicated I hereon- are dedicate the public utilitie description and dee STATE OF TEXAS: COUNTY OF NUECES: appeared Stephen W, to the foregoing is the same for the pi _rapacity stated. ``GGiven under my hani I STATE OF TEXAS: M tf b g h COUNTY OF NUECES: Christi, Texas, he, GRAPHIC SCALE- FEET. is the holder of a HIGHWAY VILLAGE, SI County. Texas, of, of the subdivision Date JAA1 /a, /,977 C11 STATE OF TEXAS: COUNTY OF NUECES: I B '�+ t appeared Doyle M. Texas, known to me instrument of writ the purposes and c 11y . j XHISIT "A" Given under 'my har m IR Lo t • `► 0.80 Ac. S. i o e I I, a I sn• s, <� n 0 I 4� Q y� o Ih I S //60'L 48'W 148.74 11A PRING row Do vz LEGAL DESCR] Being a portion in Nueces County Volume 1M., Pap STATE OF TEXAS: COUNTY OF NUECES: that' this plat is t and that it was pre 1976 and from previ STATE OF TEXAS: COUNTY OF NUECES: subject to alien he lands embraced with LOT 1, Corpug Chris surveyed and subdi% map are dedicated I hereon- are dedicate the public utilitie description and dee STATE OF TEXAS: COUNTY OF NUECES: appeared Stephen W, to the foregoing is the same for the pi _rapacity stated. ``GGiven under my hani I STATE OF TEXAS: M tf b g h COUNTY OF NUECES: Christi, Texas, he, GRAPHIC SCALE- FEET. is the holder of a HIGHWAY VILLAGE, SI County. Texas, of, of the subdivision Date JAA1 /a, /,977 C11 STATE OF TEXAS: COUNTY OF NUECES: I B '�+ t appeared Doyle M. Texas, known to me instrument of writ the purposes and c 11y . j XHISIT "A" Given under 'my har REVOCABLE EASEM m' THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I THAT the undersigned, CITY OF CORPUS CHRISTI, hereinafter called "Grantor ", for and in consideration of Ten Dollars ($10.00) and other good and valuable con- sideration, the receipt and sufficiency of which is hereby acknowledged, does here- by grant, bargain, sell and convey unto SOUTH TEXCAS PIPELIM COMPANY, a Delaware corporation, hereinafter celled "Grantee ", its successors and assigns, a right- of-way and easement exercisable at any time and from time to time to construct, lay, maintain, operate, inspect, alter, repair, petrol (including aerial patrol), remove, relocate, re -lay, change the size of and replace two (2) pipelines, to- gether with appropriate valves, drips, meters, fittings, tieovers, markers and other equipment and appurtenances, including corrosion control equipment, for the transportation of crude petroleum, oil, gas, petroleum products and by- products, water and any other liquids, gases or substances whether of like or different nature which can be transported through pipelines, upon, over, through, across and under lands which the undersigned owns or in which the undersigned has an interest, situated in the County of Nueces, State of Texas, described as follows: Being a portion of Survey 419, Abstract 570 and more particularly des- cribed in DR 10118, Pg. 551, Nueces County, Texas, being the land described in deed dated June 9, 1964, from Lucretia J. Nash Obsborne, et vir, et al to the City of Corpus Christi, recorded in Volume 1048, Page 551, of the Deed Records of the above County and State, and also, insofar as and to the extent that Grantor has the right to do so, over, through, upon, under and across the lands, roads, streets, highways, or other rights -of -way over, adjoining or appurtenant to the above - described land, it being understood that whenever the term "said land" is hereinafter used it shall be deemed to include all the lands, roads, streets, highways or other rights -of -way described and referred to above. Said right -of- -way and easement shall be thirty -five (35') feet wide, See EMENT "A" attached hereto and made a part hereof for all practi- cable purposes, and Grantee's use shall be confined to said thirty -five (35') foot strip; to- gether with a 40.0 foot wide temporary construction easement, to be used for work- ing room, storage of materials and equipment, along the Easterly side of the above described revokable easement area. Also Grantee may use a temporary work easement area two hundred (200') feet each side of said thirty -five (35') foot strip for a distance of four hundred (400') feet South from the South edge of the Yueces River. Said temporary construction easement shall be abandoned six (6) months after com- pletion of the project for which this revokable easement is needed. Grantee further agrees that the ground surface in the area of the temporary construction easement shall be restored to the same condition as prevailed at the beginning of construction. Grantee shall have and is hereby granted the right to do whatever nay be necessary for,the full enjoyment of the rights and easements herein granted (including without limitation the right within said thirty -five (351) foot strip to maintain the area over and in the vicinity of any pipeline constructed here- under clear of trees, undergrowth, brush, and other obstructions so as to pre- vent damage to or interference with the efficient operation and patrol of the pipelines constructed under this grant). It is expressly understood and agreed that-by the terms of this convey- ance and agreement, Grantee has the right to construct, lay, maintain, operate, Inspect, alter, repair, patrol, remove, relocate, re -lay, change the size of and replace at any time and from time to time up to but not more than two (2) lines of pipe (not necessarily for the purpose of transporting the same substance being transported in any existing line laid under the terms hereof) within said thirty - five (35') foot easement and right -of -way strip upon, over, through, across and under said land, together with valves, drips, meters, fittings, tieovers, markers and other equipment and appurtenances, including corrosion control equipment, with- out the payment of any additional consideration (except for damages to growing crops, fences and timber resulting from the exercise of the rights herein granted as provided below and as provided in item 6 below), provided that any such appurtenances shall be limited to those shown on the plat attached hereto -and made a part hereof. This conveyance and agreement, and all the terms andprovisions hereof, shall bind and inure to the benefit of Grantor andGrantee and the respective heirs, lessees, licensees, successors and assigns of Grantor and Grantee. Grantee, Its successors and assigns, is hereby expressly given and granted the right to assign the rights and easements herein granted and conveyed or any part thereof or interest herein to any person, firm, corporation, partnership or other entity, and such rights and easements are and shall be divisible among two or more owners so that each assignee or owner shall have and enjoy said rights and easements either separately or together. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, together with rights of ingress to and egress from the premises over the above - described property and over any adjoingin lands of Grantor for the use and enjoyment of the rights and easements herein granted. It is furhter understood that the foregoing easement and right is granted upon the following conditions and terms: 1. 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. 2. 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. 3. 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 pipeline and the operation and maintenance thereof. Grantee will apply to the Director of Engineering 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. 4. 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 shall be filed in the office of the Director of Engineering and Physical Development showing all details of installation and construction, in- cluding depth of installation proposed, to confirm and comply with City require ments of such office as to engineering specifications as follows: (a) Line is to be laid by cutting an open trench. Pipeline will be covered with thirty -six (36 ") inches or more of earth cover. (b) Grantee sball adjust or relocate the above described pipeline, if necessary for the construction of any public utilities or railroad tracks 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 pipeline, at all points where such pipeline enter or leave the City property. Such markers -3- shall be of a durable material and maintained in good condition at all times. 5. Grantee is expressly prohibited from the sale and distribution of natural gas to consumers, whether industrial, commercial or residential, within the corporate limits of the City of Corpus Christi. 6. It is expressly understood that prior to the installation of any pipelines within the easement Grantee must file plans with the City of Corpus Christi, Department of Engineering and Physical Development and must pay the revokable easement use fee established by the City of Corpus Christi Ordinance No. 10477 or latest revision thereof. Grantor may use and enjoy said premises subject, however, to the rights and easements herein granted. to Grantee; provided that Grantor shall not construct or maintain or permit to be constructed or maintained any house, structure, pond, reservoir or obstruction on or over any pipeline or appurtenance constructed hereunder or which in the sole judgement?of Grantee, will interfere with or in- convenience the construction, operation, inspection, maintenance, repair, re- placement or removal of any such pipeline or appurtenance, and Grantor will not change the grade over any such pipeline. Except as to any appurtenances, equipment or facilities which are customarily located above ground, any pipeline laid pursuant to this grant shall, wherever said land is under cultivation, be constructed initially at a minimum depth of thirty -six (36 ") inches measured from the top of the pipe to the normal ground level so as not to interfere with ordinary cultivation thereof. Grantee agrees to pay for all damages to growing crops, fences, and timber on said land which may immediately and directly result from the exercise of the rights herein granted. It is mutually understood and agreed that this agreement as written covers all covenants, agreements and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to or changing the terms hereof, and that the party securing this coveyance on behalf of Grantee is without authority to make any representation, stipulation, covenant or agreement not herein expressed. IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of , 19_ ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 19 78 J. BRUCE AYCOCK, CITY ATTORNEY Asst.6 ity Attorney By R. Marvin Townsend City Manager Director of Finance —4— THE STATE OF TEXAS COUWrY OF NUECES D BEFORE ME, the undersigned authority on this day personally appeared R. Marvin Townsend, City Manager of the CITY OF CORPUS CHRISTI, TEXAS, a munici- pal corporation known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF CORPUS CHRISTI for the purposes and con- sideration herein expressed and in the capacity therein stated. GIVEN under my head and seal of office this day Of . 197 Notary Public in and for Nueces County, Texas -5- EXHIBIT "A" _ FS scALEI1-- 1.000 J1 a - - SEE DETAIL N° I SO*a 5d - VALVE SITE SURFACE rACILITY 6 VALVE - c c3TE - - 35 YiC Eosemrnt - DETAIL Na 1. ;. SCALE -1 c-6e ALUSOHgp City of Corpus Christi. Te-,0S 929.2062 Ac. 301r_r; 73 p03ti0A Of 3Urv-5 1479, A stract; .570 and morn parbiculsrlyF'aoscrl Ln D,: 2048, -Pg: a ? +uoees Count:ye. Toxas R -5-51, , NU-2 E SOUTH TEXAS PIPELINE CO. I - '. z CH -0022 OMG. NO. PIPELINE R. O.lhl .CROSSING PROPERTY- 022- 0613 ' OwtK rw�f t o. I O.awMM �T D. G. cw�c.tca wYIw OV CO i Corpus Christi, Texas A day of . 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, 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYORT--- HE TY OF p CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz L Ruth Gill Joe Holt R. Tony Juarez, Jr. Edward L. 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