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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 r 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. 7�i 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. k i 'fm� 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 4 LL , Z v Sister Mary Vince n Secretary WAY'%% 4� NZ .... ..... . cli 095 0 01 Z. 0 71, Akla 'Z tzt t a> zPt 01 ...... 0, -j" !�a 7 IT 0-5�r 5r 16 7. 17 /? Ij . .67 9 Au IA Corpus Christi, Tex s p day of &N'4 J , 19 %d 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