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HomeMy WebLinkAbout14522 ORD - 09/27/1978JKH:hb:9 /27/78 ' AN ORDINANCE REPEALING ORDINANCE NO. 14363, AUTHORIZED BY THE CITY COUNCIL ON'JUNE 28, 1978, PROVIDING FOR THE GRANTING OF TWO REVOCABLE EASEMENTS TO CHAMPLIN PETROLEUM COMPANY; AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE EASEMENT TO CHAMPLIN PETROLEUM COMPANY FOR EASEMENT RIGHTS TO A 75 -FOOT STRIP IN ACADEMY HEIGHTS, UNIT 2 PARK, AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL 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 Ordinance No, 14363 passed and approved by the City Council on June 28, 1978, granting two revocable easements to Champlin Petroleum Company, be and the same is hereby repealed in its entirety, SECTION 2. That the City Manager be and he is hereby authorized to execute and deliver, for and on behalf of the City of Corpus Christi, an instrument of revocable easement, to Champlin Petroleum Company for easement rights to a 75 -foot strip in Academy Heights, Unit 2 Park, for a fee of $7,280, all as more fully set forth in the said revocable easement, a substantial copy of which is attached hereto ,and made a part hereof, marked Exhibit "A ". SECTION 3, The necessity for commencement of construction of pipelines at the location described herein 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the _day of September, 1978. -- ATTEST: C' y Secretary MAYOR THE CITY 0 US CHRISTI, TEXAS APPROVED: DAY OF SEPTEMBER, 1978: J. B CE YCOCK, CITY ATTORNEY OF1LM,�6, By s stant City Attorney 245 ,22 REVOCABLE EASEMENT (CHAMPLIN CORPUS CHRISTI PETROCHEMICAL NO. 2) THE STATE OF TEXAS II KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES .1 . fl Tract No. N -25 That the undersigned, City of Corpus Christi, hereinafter called "Grantor ", for and in consideration of Seven Thousand Two Hundred Eighty Dollars and No Cents ($7,280.00) and other good and valuable consideration, the receipt and sufficiency of which is here- by acknowledged, does hereby grant, bargain, sell and convey unto Champlin Petroleum Company, a Delaware Corporation, hereinafter called "Grantee ", its successors and assigns, a right- of-way and easement to construct, lay, maintain, operate, inspect, alter, repair, patrol (including aerial patrol), remove, relocate, relay, change the size of and replace one or more but not to exceed eleven (11) pipelines for the transportation of crude petroleum, oil, low pressure gas, petro- leum products and by- products, water and any other liquids, gases or substances whether of like or different nature which can be transported through pipelines, 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: 2.80 acres marked "PARK" on the map or Plat of ACADEMY HEIGHTS UNIT -2, a sub- division in the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 42, Pages 101 and 102, Map Records of Nueces County, Texas, Said right -of -way and easement shall be seventy -five (75) feet wide, extending thirty -seven and one -half (372) feet on each side of the center line thereof, which easement is colored in red on the attached map marked Exhibit "A" and made a past hereof for all practicable purposes. Grantee's use shall be confined to said seventy -five (75) foot strip; Grantee will clear cut the easement area for their construction. Grantee also agrees to seed the easement area with a grass cover as recommended by Grantor. Grantor agrees to develop a landscape plan in terms of planting of trees and Grantee agrees to bear the cost of said planting within the easement area. Grantor reserves the right to have pipeline location adjustments made where future use of the land by the Grantor necessitates said adjustments. Grantee shall have and is here- by granted the right to do whatever may be necessary for the full en- joyment of the rights and easements herein granted (including the right within said seventy -five (75) 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 of the pipelines con - stracted under this grant). Grantor agrees not to plant trees of any depth directly over pipelines, however, small shrubs may be a part of the landscape design necessary for the beautification of the park. It is expressly understood and agreed that by the terms of this con- veyance and agreement, Grantee has the right to construct, lay, main- tain, 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 eleven (11) 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 seventy - five (75) foot easement and right -of -way strip through, across, and under said land. 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, 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 therein to any -2- .i',x;. 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; provided, however, that any assignment of the rights or easements granted hereunder shall be subject to Grantee obtaining prior approval and concurrence of Grantor. In the event Grantee abandons any of the rights or easements granted hereunder, Grantee shall notify Grantor in writing of such abandonment. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, until released by recordable instrument, 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_ 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 permanent structure on or over any pipeline or appurtenance constructed hereunder which will inter- fere with the construction, operation, inspection, maintenance, repair, replacement or removal of any such pipeline or appurtenance. It is understood that the installation of playground equipment normally used in a neighborhood park will be permitted within the easement area. 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 pipelines 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 construction of said pipelines or the operation, maintenance or existence thereof. 3. 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 Se L:yt. —n.t� �gc.:s' `.�;F :_:�+ .. �:.�:� „'�_ - _ ._..,_. �. rte•. :�- '•cam": ... �e. :3i?�Si - ,'4vci'� engineering drawings drawings shall be filed in the office of the Director of Engineer- ing and Physical Development showing all details of installation and construc- tion, including depth of installation proposed, to conform and comply with City requirements of such office as to engineering specifications as follows: ,a) Each line to be laid by cutting an open trench. Pipelines will be covered with thirty -six inches (36 ") or more of earth cover. b) Grantee shall adjust or relocate the above described pipelines, if necessary for the construction of any public utilities, 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 pipelines, at all points where such pipelines enter or leave the City property. such markers shall be of a durable material and maintained in good condition at all times. 4. 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. It is expressly Provided that, as used in this paragraph, the sale of "natural gas" shall not include the inter - company sale or transfer of either fuel gas, or fuel in any form, used and consumed in the fractionation, heating, distilling, or manufacturing process of grantee, its subsidiaries and affiliates. 5. 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. 6. Grantee agrees to provide the Grantor with a written timetable concerning installation of the pipeline(s). It is mutually understood and agreed that this agreement as written covers all covenants, agreements and stipulations between the parties and that no repre- sentations 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, stipu- lation, covenant or agreement not herein expressed. -4- IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of 1978. CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF , 1978. .City grney Director of Finance THE STATE OF TEXAS COUNTY OF NUECES By: R. Marvin Townsend City Manager & 1itle. AUTHORIZED BY COUNCIL .............................. • ................... SECRETARY 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. Given under my hand and seal of office this the day of 1978. Notary Public in and for Nueces County, Texas -5- • 4 MR SURVEY OF LOT /O, BLOCK 3R ACADEMY HEIGHTS UNIT 2 A MAP OP /YNICN IS RiCDROiO IN YD4Wr16 ♦_. PAGE IDI MAP ffl OA S oA' N(/E�ES NONTY. TWAAS. IDN "AtuARY IS, 1977. WE, URBAN ENGINEERING NAVE MADE A SURVEY ON THE bhOUlVD OF THE FOREGOING PROPERTY AND WE HEREBY CERTIFY THAT THIS MAP IS TRUE AND CORRECT ACCORDING M OUR F IND /NOS. BY: n U R B A N ENGINEERING H ORGE.M:. .. CORPUS CHRISTI, TEXAS 1258 oar£. Io -moo- 7� GQ (" {0 cjj4- JOB m 12021 Corpus Christi, Tex s -2, ay of r , 197Y 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, 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 Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr.' Edward L. Sample 14522 e: