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Home My WebLink About15083 ORD - 08/29/1979vp:8/27/79:1st AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO EXXON CORPORATION FOR PLACING A 4-1/2- DIAMETER STEEL PIPELINE ACROSS LAGUNA SHORES ROAD IN FLOUR BLUFF 2,155 FEET NORTH OF LOLA JOHNSON ROAD, 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 Exxon Corporation for placing a 4-1/2" diameter steel pipeline across Laguna Shores Road in Flour Bluff 2,155 feet north of Lola Johnson Road, 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 such emergency 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 _4- day of August, 1979. ATTEST: 4'etary APPROVED: OO DAY OF AUGUST, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By ssistant Ci rney YOR CITY OF CORPUS CHRISTI, TEXAS J 01 7)9 15083 JUU :LLLIt V/LJ(/J PIPELINE RIGHT OF WAY ACROSS LAGUNA SHORES ROAD THE STATE OF TEXAS § § COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS: 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 Ten and No/100 Dollars 0110.00) to it in hand paid by Exxon Corporation, 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 Exxon Corporation the right to lay, construct, operate, maintain, repair and remove one (1) - 4-1/2" 0.D., Gr. B, 0.337 W.T., seamless steel line pipe under Laguna Shores Road for the transportation of oil, gas, and/or other hydrocarbons, the pipeline to be placed in a steel conduit, said crossing is across a City street in the City of Corpus Christi, Nueces County, Texas, as more fully set out, or substantially in compliance with the drawing attached hereto and described as follows, to -wit: Location of the crossing of Laguna Shores Road is shown on attached plat SWT -A-3386. TO HAVE AND TO HOLD the same unto the said Exxon Corporation,, its 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 maintaining the said pipeline for transportation of oil, gas, and/or other hydrocarbons at said location, and it is further understood that the foregoing easement and right is granted upon the following conditions: A. It is understood and agreed that the right and easement herein granted may be revoked at any time by the City of Corpus Christi, Texas, and Grantee may be required to remove its pipeline upon thirty days' notice in writing. B. Grantee will save and keep harmless the City of Corpus Christi, Texas, from any and all claims for liability by reason of the construction of said pipeline, or the operation, maintenance or existence thereof; provided, however, nothing contained herein shall require Grantee to save the City of Corpus Christi harmless from any and all claims for liability by reason of.the City's negligent acts or omissions. C. Grantee will repair or cause to be repaired any damage to the 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 or sidewalk area and perform the work in accordance with the permit and all City ordinances applicable. D. All rights granted hereby shall be subordinate to all uses as the City may make of such streets for public purposes. Nine (9) maps, plats and engineering drawings have 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: 1. Welded steel conduits will be used at the crossings and extend across the 'street the full width of the right of way, but the street shall not be closed to all traffic at any time. Grantee shall provide for through traffic at all times. 2. The line is to be laid by boring right of way. The pipeline will be covered with 30 inches or more of earth cover. 3. Grantee shall adjust or relocate the above described pipeline, if necessary, for the construction of any public utilities or railroad tracks 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. 4. Grantee will erect markers at all points where the pipeline enters or leaves the street. Such markers shall be of iron and placed at the edge of the public right of way. E. Grantor acknowledges that Grantee has an easement dated September 21, 1936, of record in Vol. 226, page 265, in the Deed Records of Nueces County, Texas, that covers, -2- among other lands, the above referred to street. However, Grantor's acknowledgment shall not prejudice Grantor's claim of superior title to the street, but if Grantee's easement is not subject to Grantor's title and interest but superior thereto, this grant shall not subject Grantee's rights to those of Grantor and shall not impose on Grantee any liabilities which did not exist prior to this grant. IN TESTIMONY WHEREOF, the City of Corpus Christi, Texas, has aused these presents to be executed this 2 / day of 1979. CITY OF CORPUS CHRISTI, TEXAS By ATTEST: City Secretar -3- R. Marvin Townsend City Manager THE STATE OF TEXAS § 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, Texas and as City Manager thereof for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , A.D., 1979. Notary Public in and for Nueces County, Texas. My commission expires The above grant and easement is hereby accepted this the ' day of • " ' , 1979, by EXXON CORPORATION, and said corporation 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. EXXON CORPORATION By Agent and Attorney -in -Fact -4- Corpus Christi, Terms 02q 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, MAYOR itir OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky following vote: 15083