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Home My WebLink About15283 ORD - 12/26/1979jkh:12-26-79;lst AN ORDINANCE APPROVING AN EASEMENT AND RIGHT-OF-WAY AGREEMENT BETWEEN THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND CENTRAL POWER AND LIGHT COMPANY FOR THE MAINTE- NANCE OF ELECTRICAL SERVICE LINES TO THE CITY OF MATHIS RAW WATER INTAKE STRUCTURE AT LAKE CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE SAID EASEMENT AND RIGHT-OF-WAY AGREEMENT, 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 approval is hereby given on behalf of the City of Corpus Christi for an easement and right-of-way agreement between the Lower Nueces River Water Supply District and Central Power and Light Company for the maintenance of electrical service lines to the City of Mathis raw water intake structure at Lake Corpus Christi, all as more fully set forth in the said easement and right-of-way agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to approve the described easement and right-of-way agreement 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 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, having requested the sus- pension 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 26th day of December, 1979. ATTEST: City Secretary APPROVED: 26th DAY OF DECEMBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY ByAss I I C&tJeter MAYOR 7/ THE,C•ITY OF CORPUS CHRISTI, TEXAS MICROFILMED, 15'(' AUG '2 61980 60.uG.ena EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: County of SAN PATRICIO That LOWER NUECES RIVER WATER SUPPLY DISTRICT , "Grantor", whether one or more, for and TEN DOLLARS AND NO/100- in consideration of • ($ 10.00 ) Dollars, to Grantor in hand paid by Central Power and Light Company, a Texas corporation, "Grantee", the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD, and CON- VEYED, and by these presents does GRANT, SELL, and CONVEY unto Grantee, its successors and assigns, an easement and right of way for electric transmission lines, consisting of poles or towers made of wood, metal, or other materials, crossarms, static wires, guys, wires, circuits, underground cables and conduits, communication circuits, insulators, and all necessary or desirable appurtenances (including but not limited to, transformers, meters, vaults, and service pedestals) over, under, across, and upon the following described lands located in SAN PATRICIO County, Texas, to wit: Being entirely out of the M. P. and J. N. Delgado grant, San Patricio County, Texas, part of said easement being out of a 164.89 acre tract conveyed from the City of Corpus Christi to the Lower Nueces River Water Supply District by deed dated December 1, 1953, and recorded in Volume 501, p. 12, of the Deed Records of Nueces County, Texas, and the remaining part of said easement being out of a 51.9 acre tract described in a deed from Howard Denison, et. ux., to the Lower Nueces River Water Supply District dated September 12, 1955, and recorded in Volume 204, p. 446, of the Deed Records of San Patricio County, Texas. Said easement is more fully shown on the attached ex- hibits r"Art and "B". Together with the right of ingress and egress, over, under, across and upon said land and Grantor's adjacent land for the purpose of constructing, operating, reconstructing on poles or metal towers, burying and replacing underground cables and conduits (including necessary ditching and backfilling), enlarging, inspecting, patrolling, repairing, maintain- ing, and removing said lines, circuits, underground cables and conduits, poles, metal towers, wires and appurtenances; the right to relocate along the same general direction of said lines, cables, and conduits; and the right to remove from said lands all trees and parts thereof, or other obstructions, which endanger or may interfere with the safety and efficiency of said lines, cables or conduits, or appurtenances. Grantor reserves the right to use the land subjected to said easement and right of way in any way that will not interfere with Grantee's exercise of the rights hereby granted. r TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns, until all of said lines shall be abandoned and removed. Grantor binds himself, his heirs, assigns, and legal represent- atives to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part -thereof. EXECUTED th day of 19 bon Emery Cox, Presif the Lower Nueces River Water Supply istrict Approved: R. Marvin Townsend, City Manager CitK9I_Corpus Christi 1HE STATE OF TEXAS County of INDIVIDUAL ACKNOWLEDGEMENT 1 BEFORE ME, the undersigned authority, on this day personally ,appeared known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that (s)he/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this _ day of 19 Notary Public in and for County Texas HUSBAND AND WIFE ACKNOWLEDGEMENT THE STATE OF TEXAS County of BEFORE ME, the undersigned authority, on this day personally appeared and husband and wife, known to me to be the persons whose names are subscribed to the foregoing Instrument, and acknowledged to me that they executed the same for the purposes and con- sideration therein expressed. - . GIVEN UNDER MY HAND AND SEAL OF OFFICE on this_ day of, , 19_ Notary Public in and for County, Texas ACKNOWLEDGEMENT FOR CORPORATIONS, PARTNERSHIPS, ASSOCIATIONS, ETC. THE STATE OF TEXAS County of BEFORE ME, the undersigned authority, on this day personally appeared of , known to me to be the (title) person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for and as the act and deed of and as thereof, and for the purposes and consideration therein stated. (title). - GIVEN UNDER MY HAND AND SEAL OF OFFICE on this 0 t° - CENTRAL POWER AND LIGHT COMPANY ay of 19_ THE STATE OF TEXAS Notary Publicin and for that the within Conveyance was filed in my office for -o O 0 at_o'clock_M, and duly recorded by 0 -o o` me on the clay of_ in Boob Deeds of said County, at page County, Texas STATE OF TEXAS COUNTY OF SAN PATRICIO �X1.1,13'r "&' • FOR: Central Power & Light Co. Centerline Description 20' Utility Easement FIELD NOTES for the centerline of a 20' Utility Easement being out of the M. P..& J. N..DELGADO GRANT, A-4, San Patricio County, Texas and said easement being out of a 164.89_acre tract.con- veyed from J.A. Henderson to the City of Corpus Christi by Deed dated October 19,.1927 and recorded in Vol. 93, P. 77-78 of the Deed Records of San Patricio County, Texas and said easement also being out of a 51.9 acre tract described in a Deed from F. E. Henderson to Howard Denison dated October 27, 1942 and recorded in Vol. 132, P. 223 of the Deed Records of San Patricio.County, Texas and said 51.9 acre_tract also being described in a Deed. from Howard Denison, et ux, to the.Lower Nueces River Water Supply District dated September 12, 1955 and said centerline of said 20' utility easement being more particularly described by metes and bounds as follows:. BEGINNING at a point under an existing fence, the recognized. West line of the Lower Nueces River Water Supply District tract, for the most.Westerly.extent of.this centerline description and from whence a 3/4" iron rod (found) near a fence corner post in the S.W. R.O.W. line of Park Highway #25 for the North corner of the Lower Nueces River Water Supply District tact bears generally along gences the following calls: N -23.-45'-29"-E, 134.82' and S -55 -53'-35"-E, 36.50' and.N-34°-01'-29"-E, 14.75' and S -56 -23'-34"-E, 157.04' and N -34 -01'-29"-E, 396.48' and from whence a 2" iron pipe (found).near a fence corner post_for the East or S.E. corner of said 51.9 acre tract bears generally along fences the following calls: N -23' -45'-29"-E, 134.82', and ,S -55 -53'-35"-E, 36.50', and N -34°-01'-29"-E, 14.75', and S-56 - 23'-34"-E, 157.04', and N -34°-01'-29"-E, 396.48' and S -56°-00'-E, 1727.73'; THENCE, S -52°-56'-42"-E, along ment, a distance of 188.65' to easement; THENCE, S-18°-23'-42"-W,.along ment, a distance of 418.02' to ment; - the centerline of this 20' ease - a point for a P.I. in this the centerline of this 20' ease - a --point for a P.I. in this ease - THENCE, S -01°-29'-05"-W, along the centerline of this 20' ease- ment, a distance of 519.12' to a fence corner post (found) for the N.E. corner of the City of Mathis Raw Water Pump Station site and for the end of this easement. I do hereby certify that these field notes represent a survey made upon the ground under my direction and are true and correct to the best of my knowledge. Date: u/23/79 Signed: Register=. COYM & Prfessional Engineer HMET ENGINEERING CO. EXIST. STRUCTURE OF 01.0 DAM PROPOSED INTAKE STRUCTURE LAKE CORPUS CHRISTI LOCATION MAP Corpus Christi, exas • 24 day of,uom/ct, 19 %y 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, ./!t MAYOR✓/ '' ( / ..THE CITY—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 by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15283