HomeMy WebLinkAbout14219 ORD - 03/08/1978jkh:3 -8 -78; 1St
AN ORDINANCE
GRANTING A 10 -FOOT WIDE REVOCABLE EASEMENT TO SOUTH
TEXAS PIPELINE COMPANY ALONG THE CITY -OWNED PROPERTY AT
McKENZIE ROAD AND TURKEY CREEK DRAINAGE DITCH, ALL AS
MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENT, A SUB-
STANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT
"A ", AND 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 South Texas Pipeline Company to install two pipe-
lines along City -owned property at McKenzie Road and Turkey Creek Drainage
Ditch and to maintain, operate, inspect, alter, repair, patrol, remove,
relocate, re -lay, change the size of and replace the said pipelines,
together with all equipment and appurtenances, for the transportation of
crude petroleum, oil, gas, petroleum products and by- products, water and
any other liquids, gases or substances which can be transported through
pipelines, upon, over, through, across and under lands owned by the
City or Corpus Christi or in which the City of Corpus Christi has an interest,
situated in the County of Nueces, State of Texas, and described as follows:
Being a 10 -foot wide strip of land out of a 2.156 acre
parcel of land purchased by the City of Corpus Christi,
Texas, from Maud French Smith, Francis G. French and
Herbert S. French and recorded in Vol. 1440, pages
831 -834, Deed Records of Nueces. County, Texas. Said
10 -foot wide strip is parallel to and 50 feet from the
centerline of the original Mc Kinzie Road,
said right of way and easement to be 10 feet wide,
all as more particularly described in the revocable easement, a substantial
copy of which is attached hereto, marked Exhibit "A ", and made a part
hereof.
SECTION 2. The necessity for commencement of construction of the
pipelines aforesaid in the locations herein described creates a public
emergency and an imperative public necessity requiring the suspension of the
MICROFILMED
JUL 0 7 1980
1-421-
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 —Y-4-k day of March, 1978.
ATTEST:
Z-
Ci ecreta y
(AP VED:
DAY OF MARCH, 1978:
J. BRUCE AYCOJCK, CITY ATTORNEY
Assistant Ci r torney
REVOCABLE EASEMENT
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 consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant, bargain, sell, and convey unto SOUTH TEXAS
PIPELINE COMPANY, a Delaware corporation (hereinafter called "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, patrol (including aerial patrol), remove, relocate,
re -lay, change the size of and replace two (2) pipelines, together 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 owns or in which the undersigned has an interest, situated
in the County of Nueces. State of Texas, described as follows:
Being a 10 -foot wide strip of land out of a 2.156 acre
parcel of land purchased by the City of Corpus Christi,
Texas, from Maud French Smith, Francis G. French and
Herbert S. French and recorded in Vol. 1440, pages
831 -834, Deed Records of Nueces County, Texas. Said 10 -foot
wide strip is parallel to and 50 feet from the centerline
of the original McKinzie Road;
Beginning at the southwest corner of said City 2.156 acre
tract;
Thence S. 80° 52' E., along the south boundary line of
said 2.156 acre tract, a distance of 16.02 feet to a
point for the Beginning Point of this description;
Thence N. 11° 29' W., parallel to and 50 feet normal
to the centerline of McKinzie Road, a distance of
154.92 feet to a point in the north boundary line of
said 2.156 acre tract;
Thence S. 800 52' E, with the north line of said 2.156
acre tract, a distance of 10.68 feet to a point;
Thence S. 11° 29' E, a distance of 154.92 feet to a
point in the south boundary line of said 2.156 acre
tract;
Thence N. 800 52' W., with the south boundary line of
said 2.156 acre tract, a distance of 10.68 feet to the
Point of Beginning, containing 0.036 acres of land, more
or less, as shown by a map thereof marked Exhibit "A ".
attached hereto and made a part hereof for all purposes,
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, high-
ways 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,
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
full 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
conveyance 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 trans-
porting 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), 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, lessess, 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 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 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:
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, plates and engineering drawings shall be 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 conform and comply with City requirements of such office as to engineer-
ing specifications as follows:
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(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 tracts 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 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.
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 judgment of
Grantee, will interfere with or inconvenience the construction, operation,
inspection, maintenance, repair, replacement 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
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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 1978.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
DAY OF MARCH, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
By _
R. Marvin' Toovnsend -
City Manager
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•
THE STATE OF TEXAS X
COUNTY OF NUECES I
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 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 consideration
therein expressed and in the capacity therein stated.
1978.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,
Notary Public in and for Nueces County,
Texas
The above and foregoing grant and easement is hereby accepted this the
day of , 1978, by South Texas Pipeline Company, and said
Grantee agrees to keep and perform the conditions imposed by said grant and
easement and said South Texas Pipeline Company is bound by all of the terms of
the same.
ATTEST:
Secretary
THE STATE OF TEXAS X
COUNTY OF NOECES X
SOUTH TEXAS PIPELINE COMPANY
By
President
BEFORE ME, the undersigned authority, on this day personally appeared
, President of South Texas Pipeline
Company, a Texas 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 for the purposes and consideration therein expressed, and
as the act and deed of said corporation, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of March,
1978.
Notary Public in and for Nueces County,
Texas
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Corpus Christi, Texas
� ay of fy- )OUNC,�, 19 r)5j�'
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,
t
OR
THE CITY OF COR S ISTI. TEXAS
The Charter Rule was suspended by the following vote:
Gabe Lozano, Sr. CLAA Q-1
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
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
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