HomeMy WebLinkAbout15158 ORD - 10/03/1979ip:10/1/J9:1st
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE
EASEMENT TO AIR PRODUCTS AND CHEMICALS, INC. FOR THE
INSTALLATION OF A FOUR -INCH DIAMETER NITROGEN LINE
UNDER UP RIVER ROAD 160 FEET WEST OF DUNN LANE, AS
PER THE ATTACHED EASEMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
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
installation of a four -inch diameter nitrogen line under UpRiver Road 160 feet
west of Dunn Lane, all as more fully set forth in the revocable easement, a
copy of which is attached hereto and made a part hereof, marked "Exhibit 'A'".
SECTION 2. That the necessity for commencement of the installa-
tion of the aforesaid nitrogen line at the location described in the revocable
easement creates a public emergency and an imperative public necessity requir-
ing 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 that such emergency and necessity 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 October, 1979.
ATTEST: {_
City' Secretary MAYO
APPRQVED:
DAY OF OCTOBER, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Ci
15158
THE Y OF CORPUS CHRISTI, TEXAS
MICROFILMED
AUG 2 81980
THE STATE OF TEXAS
COUNTY OF NUECES
X
X
REVOCABLE EASEMENT
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 Twelve and no/100--Dollars ($112.00) 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
hereinafter stated, unto the said Air Products and Chemicals, Inc. the right to
lay, construct, operate, maintain, repair and remove a 4" diameter pipeline
within the right-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 Chemical,
Inc., their successors and assigns, together with the right and privilege at any
and all times to enter upon the rights-of-way of the above described roads, as
shown on the attached Exhibit A, for the purpose of constructing and maintaining
said 4" pipeline for transportation of nitrogen, 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 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 ninety (90) days notice
in writing.
XN, "A"
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 he 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 herein 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 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.
CITY OF CORPUS CHRISTI
By:
City Secretary R. Marvin Townsend, City Manager
APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY
day of _ y , 1979 Director of Finance
ATTEST:
By:
Assistant ►Y , 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 Chtisti,
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 CHEMICALS, INC. is bound by all of the terms of the same.
ATTEST: AIR PRODUCTS and CHEMICALS, INC.
By:
Attorney in Fact
THE STATE OF TEXAS X
COUNTY OF
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 purposes
and consideration therein expressed, and in the capacity of
Norary Public in and for
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PROP0:6D 4" NITROGEN LINE
CROS4(NG UP RIVER ROAD
OWN: SEAT APP: /2.6.
DATE: E/11/71
SHEET' 3 OF 4
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01tit: 8/20/7`? SNE6T _4OF _4—
Corpus Christi, Texas
3 day of(, , 19 7 9
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,
MAYO
The Charter rule was suspended
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
P�1
THE '► Y OF CORPUS CHRISTI, TEXAS
by the
following vote:
following vote:
15158