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Home My WebLink About14266 ORD - 04/12/1978JKH:hb:4 /10/78 ' AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT WITH CANUS PETROLEUM, INC, FOR THE CON- STRUCTION OF A 2 -3/8" PIPELINE ACROSS BEAR LANE 82' EAST OF JOE MIREUR ROAD OR FM 763, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; 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 execute and deliver, for and on behalf of the City of Corpus Christi, an instrument of revocable easement to Canus Petroleum, Inc., for the construction of a 2 -3/8" pipeline across Bear Lane 82 feet east of Joe Mireur Road or FM 763, as more fully described in the revocable easement, a copy of which, in substantially the same form is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That the necessity for commencement of construction of the afor said pipeline at the location herein described creates a public emergency and imperative public necessity requiring the suspension of the Charter rule tha no ordinance or resolution shall be passed finally on the date of its int oduction but that such ordinance oraresolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergenc and necessity to exist, and having requested the suspension of the Charte rule and that this ordinance be passed finally on the date of its introducti n and take effect and be in full force and effect from and after its pa sage, IT IS ACCORDINGLY SO ORDAINED, this the _11— day of April, 1978. ATTEST: ti CjYy"S'Fy MAYOR THE CITY OF PUS CHRISTI, TEXAS APPROVED: _DAY OF APRIL, 1978: J. BRUCE AYCOCK, CITY ATTORNEY MICROF1111ED ' BY Assistant C rf torney JUL 0 71980 . Er 14266 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 hundred fourteen and 401100 dollars ($114.40) to it in hand paid by Canus Petroleum, Inc., hereinafter referred to as GRANTEE, said fee to be based on a charge of twenty cents (20p) per foot for 72 feet of pipeline placed within City Airport property and street right -of -way and $100.00 for crossing Bear Lane, 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 Canus Petroleum, Inc. the right to lay, construct, operate, maintain, repair and remove one (1) 2 -3/8" O.D. pipeline crossing the right -of -way of Bear Lane approximately at right angle at a point approximately 32'east of Joe Mireur Road center line, in all a total distance of 72 feet within City street right -of -way and Airport property. TO HAVE AND TO HOLD the same unto the said Canus Petroleum, Inc., 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, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. The 2 -3/8" O.D. line will carry a maximum pressure of 1000 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 crossing 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 writ- ing. 4. 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. jat j\yty�.' l -A.. .: -h - ,. , .•4. �.. i,i � .,si .��,�rT.� •Cl�;� �. w. , ' '. �' _ 'i�C 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 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. 6. All rights granted hereby shall be subordinate to all uses as the City may make of such street or Airport property for public purposes. An engineering drawing has 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 conform and comply with City requirements of such office as to engineering specifications as follows: a. Line will be placed within a 4 -�" O.D. steel casing. The casing may be placed by boring under the pavement and at least 10 feet beyond on each side of the pavement. The casing shall have a vent at each end and shall extend for the full width�lof 60' right -of -way. The.backfill shall be done in accordance with "Construction Manual" of the Department of Engineering and 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 thirty -six (36) inches or more of earth cover. c. Grantee shall adjust or relocate the above described pipeline, 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 -2- pipeline owner's name, and placed at the edge of the public right -of -way. IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of April 1978. ATTEST: City Secretary s APPROVED: day of April 1978 C`B`E fAYY OCK, C�-TY ATTORNEY BV: /l ,lei/ (( Asst. Cit0rney THE STATE OF TEXAS X COUNTY OF NUECES X CITY OF CORPUS CHRISTI By: R. Marvin Townsend, City Manager 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 April , 1978. Notary Public in and for Nueces Co., Texas -3- "o C"r Z,,.e -j, -e 3G j 40f Z 0- t t1 % PLAN. VIEW D ESIG N VPROVED C -y -G� U ER IS T MAR 3 11978 "o C"r Z,,.e -j, -e 3G j 40f Z 0- Corpus Christi, Texas _L_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, OR THE dTY OF 0 S CHRISTI, TEXAS The Charter Rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14266 :e: ;e: