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Home My WebLink About15025 ORD - 08/01/1979vp:7-30-79:1st AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO AIR PRODUCTS AND CHEMICALS, INC. FOR THE PURPOSE OF PLACING A 4" DIAMETER NITROGEN LINE ACROSS UP RIVER ROAD IN THE VICINITY OF NAVIGATION BOULEVARD, 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 be and he is hereby authorized to execute a revocable easement to Air Products and Chemicals, Inc. for the purpose of placing a 4" diameter nitrogen line across UpRiver Road in the vicinity of Navigation Boulevard, 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". SECTION 2. The necessity to execute the aforesaid revocable easement at the earliest practicable date 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 intro- duction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emer- gency and necessity exist, 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/5day of August, 1979. ATTEST: ci-ty Secretary MAYO APPROVED: I DAY OF AUGUST, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By /�N ' Assistant Ci`�ttorney 15025 THE TY OF CORPUS CHRISTI, TEXAS 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 Sixteen andno/100 Dollars ($116.00) to it in hand paid by Air Products and Chemicals, Inc., 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 Air Products and Chemical, Inc. the right to lay, `construct, operate, maintain, repair and remove a 4" diameter pipeline within the rights-of-way of Up River Road of the City, as shown on the attached Exhibit A. TO HAVE AND TO HOLD the same unto the said Air Products and Chemicals, Inc., their successors and assigns, together with the right and privilege at any and all times to enter upon the rights-of-way of Up River Road, as shown on Exhibit A, for the purpose of constructing and maintaining said 4" pipeline for transportation of nitrogen and other substances, and it is further understood 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 250 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 pipeline, or the operation, maintenance or 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 and 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 City may 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, 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 -2- form, used and consumed in the fractionation, heating, distilling, or menu- --factoring 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 of 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 ATTEST: APPROVED: vU day of CITY OF CORPUS CHRISTI By: , 1979. City Secretary R. Marvin Townsend, City Manager Assistant ttorney , 1979 THE STATE OFTEXASX COUNTY OF NUECES j( 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 County, Texas The above and foregoing grant and easement is hereby accepted this the day of , 1979, by AIR PRODUCTS AND CHEMICALS, INC., and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said AIR PRODUCTS AND CHEMCIALS, INC. is bound by all of the terms of the same. ATTEST: AIR PRODUCTS AND CHEMICALS, INC. By: THE STATE OF TEXAS COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person who signed the above instrument and he acknowledged to me that the same was executed for the purproses and consideration therein expressed, and in the capacity of Notary Public in and for Nueces Co., Texas -3- W -. W W z h w aY = .t4 s 3 _, '▪ te—rr� 30'- 0n 3n'- 0" 81-0" UP R/VER ReAP. 0 It �h, iP , t. GRADE1.w W ` q 4rer� tL ur" HELDENFELD PIPELINE L, II 20' Csr'f w,1rER PIPELIMA"-� 1 /o'' PIPE i_I N:" ----' 20"PIPS LINE'- IG"P/PE:.INE () PROPOSED 4" /"l• /yrr& /r PIPELINE' ,% d- $"CA51NLif � P/PE2/Nt 11 8' TEJAS ,PIP i OS- 12v NE 12" SAN I TA' Y $E. wii.A R C. Brix FVUTFrm A_1 2- 16 P/PEL/NES rto riET�R rkil ON AZTEC SERVICES, 1 NC; 2406 aoPARCI St CR4PS C/iR157/, TX NECKED' ::)1-B11'' Ina N, 7'?t Semi: a:- TLA. WZ -7 8 u 1—fg" hPA6IKIGI Efrv/ • I J -fl- b • I _10. u-nu-ry eAmE14.-1- • = c,c..? ; C-012,V,1VOR, KA I -E -R PAP2,-(1'1-1014 2-E72 EXHIBIT A-2 EAs5.M _ N G°-597 yc-AL•g•— Loo' 11. 0 se/ 777P C..3 0- . - ,ts,V Kz- E ve-rAit25" AZ -EC SERV IG e.‹),Ik tsi5ovrpxp:sowPPE poecoRpcjA lu:RIv UNPER UP RIVK R. ORwhi; J05.K10, 79056C4LE; 114,610:P; Corpus Christi, Te as day of 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, MAY THE OF CORPUS CHRISTI, TEXAS The Charter rule was suspende• by the following vote: Luther Jones �/- Edward L. Sample Dr. Jack Best 1, David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was pass:. by the following vote: Luther Jones Or Edward L. Sample 6OF, Dr. Jack Best I�/, David Diaz I /i' Jack K. Dumphy ,, Betty N. Turner i, Cliff Zarsky i _ 15025