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HomeMy WebLinkAbout16531 ORD - 09/09/19816-10-81 AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO TEXAS STAR OIL COMPANY FOR PLACING A BURIED CABLE ACROSS NORTH PORT AVENUE 370 FEET NORTH OF AGNES STREET, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASE- MENT, 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 Texas Star Oil Company for placing a buried cable across North Port Avenue, 370 feet north_of Agnes Street, 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to considera- tion and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take e fect upon first reading as an emergency measure this the 9 day of 1981. ATTEST: J. BRUCE AYCOCK, CITY ATTORNEY By MAY THE CI Y OF CORPUS CHRISTI, TEXAS 16531 MICROFILMED SFP � h ou REVOCABLE EASEMENT THE STATE OF TEXAS j COUNTY OF NUECES j 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 Dollars ($100.00) to it in hand paid by Texas Star Oil Company, hereinafter referred to as GRANTEE, 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 Texas Star Oil Company the right to install, operate and maintain a telephone cable within and crossing Port Avenue -in the City of Corpus Christi, as shown on the attached Exhibit A. TO HAVE AND TO HOLD the same unto the said Texas Star 011 Company, their successors and assigns, together with the right and privilege at any and all times to enter upon the right-of-way of Port Avenue, as shown on Exhibit A, for the purpose of constructing and maintaining said telephone cable, and it is further understood that the foregoing' easement and right is granted upon the following conditions and terms: 1. The cable is to be placed such that no portion of the cable will be no shallower than 24 inches from existing' ground or roadway pavement and/or roadside ditches. 2. All road crossings are to be bored. • 3. 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 cable upon ninety (90) days notice in writing. 4. 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 cable, or the operation, maintenance or existence thereof. Page 1 of 3 5. 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 cable 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 with the permit and all City ordinances applicable. 6. 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. Crantee shall adjust or relocate the above described cable, 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 cable enters or leaves a street right-of-way. Such markers shall be of iron, bearing cable owner's name, and placed at the edge of the public right- of-way. 7. 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. It is mutually understood and agreed that this agreement as written covers all covenants, agreements and stipulation between the parties and that no representations or statements, written or oral, have been made modifying, adding to or changing the terms hereof, and Revocable Easement Texas Star Oil Company Page 2 of 3 that the party securing this conveyance 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 , 1981. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City APPROVED: day of , 1981 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS 1 COUNTY OF NUECES APPROVED epartment 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 fore- going 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 , 1981. . this the Notary Public in and for Nueces County, Texas The above and foregoing grant and easement is hereby accepted day of , 1981, by Texas Star -Oil Company, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said Texas Star Oil Company is bound by all of the terms of the same. ATTEST: TEXAS STAR OIL COMPANY THE STATE OF TEXAS COUNTY OF NUECES 1 1 By BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person who signed the above instrument and he acknowleged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity of GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of , 1981. Revocable Easement Texas Star Oil Company Page 3 of 3 Notary Public in and for Nueces County, Texas CENETENY .,A.1 N40.9 STRIAL RD - .• 91 Af ce Ac 7 ec! 744.24 Cn.b1e to be 0 • . ` 7 frorr Bac 1r of Garb I /AdyJ%rieJ. Inc. E*ICAN 7J ,ExAS x R.R. AGNES ST 3w 5 111111113 /8 Je Jab W F Q y. N. SAN JUAN 70-9 • SAN JUAN u S SAN JUAN -9T. IJ 44 • 44 - J4 a a 4U- 0: W N a 7 coJ Q Win RIM RCM Nit rslA ECIE MEE FIGIE ®: AZA MEM 47.1 02% /SAM MN Farkozwiwrzir woo saw,otd Mir raPEE ©seal . aow? Herd AlmJ«-rey JJx.� al mr--•% maw av«vqn EXHIBIT nAu n..oae. of n im n.0 JI J4YJL nJIL vw4i MARGUERITE 37 Corpus Christi, 7 day o , 192/ 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Respectfully, Council Members MAYO The City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Luther Jones Betty N. Turner Jack K. Dunphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles 14. Kennedy Cliff Zarsky The above ordinance was passed by the following vote: -Luther Jones Betty N. Turner Jack K. Dumpily Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16531