The URL can be used to link to this page

Home My WebLink About14832 ORD - 03/07/1979• JKH:vp:3-7-79:1st AN ORDINANCE GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, TO THE C. B. GAS GATHERING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A 2-7/8" DIAMETER PIPELINE WITHIN THE RIGHT-OF-WAY OF McGLOIN ROAD OF THE CITY, ALL AS MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; PROVIDING FOR PAYMENT OF THE FEE THEREIN PROVIDED; 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 the C. B. Gas Gathering Company to lay, construct, operate, maintain, repair and remove one (1) 2-7/8" diameter pipeline within the rights of way of McGloin Road of the City of Corpus Christi, and more fully described in the Revocable Easement, a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof, upon payment of the fee provided therein. SECTION 2. The necessity to commence construction of the afore- said pipeline at the location described in the said attached Exhibit "A" at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance 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 / day of March, 1979 ATTEST: C Ctys .74f4� APPROVED: % DAY OF MARCH, 1979: J. •BRUCE AYCOCK, CITY ATTORNEY By Assistant C 14832 OR THE CITY OF CHRISTI, TEXAS MICROFILMED JUL 081980 • REVOCABLE EASEMENT THE STATE OF TEXAS X COUNTY OF NUECES I 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 Eight Hundred Eighty and no/100 ($880.00) to it in hand paid by C. B. Gas Gathering Company, hereinafter referred to as GRANTEE, said fee to be based on the fee schedule provided for in Ordinance No. 10477, 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 herein- after stated, unto the said C. B. Gas Gathering Company the right to lay, construct, operate, maintain, repair and remove a 2-7/8" diameter pipeline within the rights-of-way of McGloin Road of the City, as shown on the attached Exhibit A-1 and A-2. TO HAVE AND TO HOLD the same unto the said C. B. Gas Gathering Company, their successors and assigns, together with the right and privilege at any and all times to enter upon the rights-of-way of McGloin Road, as shown on Exhibit A-1 and A-2, for the'purpose of constructing and maintaining said 2-7/8" pipeline for transportation of oil or gas and other substances, and it is further under- stood that the foregoing easement and right is granted upon the following conditions and terms: 1. All work proposed will equal or exceed Department of Transportation Pipe Line Safety Standards for the transportation of gas and liquids by pipe line. 2. The pipeline is to be placed such that no portion of the pipeline will be no shallower than 42 inches from existing ground or roadway pavement and/or roadside ditches. 3. All road crossings are to be bored. 4. Maximum operating pressure for lines will be 1050 psig. 5. 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 sixty (60) days notice in writing. 6. 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 rol pipeline, or the operation, maintenance of existence thereof. 7. 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 & Physical Development for a permit before disturbing any part of any street area and perform the work in accordance with the permit and all City ordinances applicable. 8. All rights granted hereby shall be subordinate to all uses as the Citymay make of such street right-of-way for public purposes. a. Grantee shall adjust or relocate the above described pipeline, if necessary, for the present or future construction of any public utilities, airport expansion improvements 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. b. 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 pipeline owner's name, and placed at the edge of the public right-of-way. 9. 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 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 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. 10. 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 -z- • form, used and consumed in the fractionation, heating, distilling, or manu- facturing process of grantee, its subsidiaries and affiliates. 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 party securing this convey- ance 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 , 1979. ATTEST: CITY OF CORPUS CHRISTI APPROVED: By: City Secretary R. Marvin Townsend, City Manager day of ,1979 Assistant City Attorney THE STATE OF TEXAS X COUNTY OF NUECES X 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 , 1979. Notary Public in and for Nueces Co., Texas The above and foregoing grant and easement is hereby accepted this the day of , 1979, by C. B. Gas Gathering Company, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said C. B. Gas Gathering Company is bound by all of the terms of the same. ATTEST: C. B. GAS GATHERING COMPANY BY: THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared known to we to be the person who signed the above instrument and he acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity of Notary Public in and for Nueces County, Texas - 3 - .....,,,; A.. •ZA-,''''%.-Y•:- .s. ' '4•*. e r.......c......1....-.- t ...7 .......,AttK. 1......--1.,L1---.• ▪ = ' <4'1.7, :!:• • ;7,-; 4A7 • ....Y.... • C. B. Gas Gathering, Inc. 2-7/8" Gas Line Nueces County, Texas Scale: 1" 500' ••••••-, ' va,,......x,,....... t..ii -P.Licsi• s.:•::: ,....,_....i., _.....,...„..--;•:7, ....r.. ....,t,e,-7i-•.„-•Z ,,.... .,•„,•,:,.. 4 . ' - ' .-..4,---:••••:.'...`!'':•-'7.-."-: •,,..,.,i.i.....-_, -4-F•00-''''' .,,,.. • .‘4:FAiEt'.:10 ...,... ..... .r......szi.iT: •,;,-...,,V.r..r-'4=1. - - ,---A--,s7-4 .•;.=-4t.'14:"'"'S:-:::::•7:----44 --.t., ,,..--g•t•..,..1:•.r.•;•••'....:2_:,, „...,,,,,,:j,..„,,:•• .-:.1":„....‘", ..:--,. 'T.:-l„,*71-1.-tl•+i';"--C.._;.„...Z'1:::-. `-"-- ....- ---:4''': -.-14,....:--▪ - ▪ et.• ...,...,, v• '''' _:', ••.....-T.. -.."4. '7•41,-.4... t. - - .T.44.• “--......,:.,- .....-3,-...,"4-74. . . !;•-_":..,•,:-.:+:,z ::::-:-.•-fr--;*'-';'.;' ...... -.. ...,zu'o• a...447'..,•47. tfr77-':: , . .,.- 44:?4 EXM • 1- -•••75.--•,:„f4,27.5 1 r 7 �+ 1 H UR.1 ° I HJ 1..ht:t / 1 /rte a�.d ••••1 : • Corpus Christi, Texas ? day of 71...41,74... , 197, 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 he following vote: 41, Gabe Lozano, Sr.40( Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample -148 '"-20 the following vote: