HomeMy WebLinkAbout14549 ORD - 10/11/1978jkh:10- 10- 78;lst
AN ORDINANCE
GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO
SPOHN HOSPITAL GRANTING THE RIGHT TO LAY, CONSTRUCT,
OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 1 ", ONE 2 -1/2 ",
TWO 3 ", AND TWO 6" WATER LINES CROSSING AT THE RIGHT -
OF -WAY OF THIRD STREET APPROXIMATELY AT RIGHT ANGLE
AT A POINT APPROXIMATELY 185 FEET SOUTH OF THE CENTER-
LINE OF ELIZABETH STREET, IN ALL A TOTAL DISTANCE OF
62.07 FEET WITHIN CITY STREET RIGHT -OF -WAY, ALL 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 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 Spohn Hospital granting the right to lay, construct,
operate, maintain, repair and remove one 1 ", one 2 -1/211, two 3 ", and two 6"
water lines crossing at the right -of -way of Third Street approximately
185 feet south of the centerline of Elizabeth Street, in all a total
distance of 62.07 feet within City street right -of -way, all 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.
SECTION 2. The necessity for commencement of construction of
the aforesaid water lines 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 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, th*(,'RQ&M
the
day of October, 1978. _
ATTEST: -�� -- ��U� 8,1980
-City becretary MA OR
APPROVED: THE CITY OF OR CHRISTI, TEXAS
10th DAY OF OCTOBER, 1978:
J. B/R� i} CK, CITY ATTORNEY 14549
By
Assistant CWy Attorney
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 two hundred seventy -one and 96/100 ($271.96) Dollars to it in hand paid by
Spohn Hospital, hereinafter referred to as GRANTEE, said fee to be based on the
charges set forth in the City's Pipe Line Ordinance (Ordinance #10477).for cross-
ing Third Street, 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 Spohn Hospital, the right
to lay, construct, operate, maintain, repair and remove one (1) 1 ", one (1) De',
two (2) 3" and two (2) 6" water lines crossing at the right -of -way of Third Street
approximately at right angle at a point approximately 185' south of the centerline
of Elizabeth Street, in all a total distance of 62.07 feet within City street
right -of -way.
TO HAVE AND TO HOLD the same unto the said Spohn Hospital, 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 maintain-
ing the said pipelines for transportation of hot or cold water at said location,
and it is further understood that the foregoing easement and right is granted upon
the following conditions and terms:
1. Said Dines shall be placed substantially in compliance with the plan
attached hereto and made a part hereof, and marked "Exhibit A ". The City will
inspect this crossing work during the construction period.
2. 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
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writing.
3. 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
pipelines, or the operation, maintenance or existance thereof.
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4. 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 pipelines 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.
5. All rights granted hereby shall be subordinate to all uses as
the City may make of such street 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 by open cutting the street pavement.
Backfill of the trench and pavement repair must be made in accordance with the
"Construction Manual for Backfill Operations, Pavement Cuts, Driveways and
Sidewalks" issued by the Department of Engineering and Physical Development of
the City. One half of the street shall remain open to all traffic at all times.
Grantee shall provide for through traffic at all times. All work in public
street right -of -way must be completed within 14 days after work is begun within
said right -of -way.
b. No work is to be started before proper permit has been obtained.
Pipelines will be covered with twenty -four (24) inches or more of cover.
c. Grantee shall adjust or relocate the above described pipe-
lines, 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.
d. Grantee will erect and maintain markers at the points where
such pipelines enter or leave a street right -of -way. Such markers shall bear
pipeline owner's name, and be placed at the edge of the public right -of -way.
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IN WITNESS WHEREOF, the City of Corpus Christi has caused these
presents to be executed this the day of 1978.
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
ATTEST:
City Secretary
APPROVED this day
of , 1978: APPROVED:
Director of Finance
City Attorney
THE STATE OF TEXAS X
COUNTY OF NUECES
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
1978.
NOTARY PUBLIC, NUECES COUNTY, TEXAS
The above GRANT AND EASEMENT is hereby ACCEPTED this the r� day
of �i�= , 1978, by Spohn Hospital, and said Spohn Hospital 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.
SPOHN HOSPITAL
ATTEST: BY
Sister Mary James;' Chairman of the Board
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Sister Mary Vince n Secretary
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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
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
14549
THE CITY OF CORPUS -CF(I
, TEXAS