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HomeMy WebLinkAbout01826 ORD - 07/31/1945AN ORDINANCE AUTHOTTZING WD DIRECTING THE EA,YOR AND CITY CONTROLLER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE, FOR AND ON BEHALF OF SAID CITY, AN EASEITNT TO THE SOUTHERN PIPE LINE CORPORATION; AND DECLARING AN MR- GENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CBRISTI, TEXAS: SECTION 1. That the Yayor and Controller of the City of Corpus Christi, Texas, be, and they are hereby, authorized and directed to execute, for and on behalf of said City, an easement to the Southern Pipe Line Corporation, a copy of said easement attached hereto and made a part hereof, and reads as follows, to -wit: THE STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESENTSf COUNTY OF NUEMS 0 That the undersigned CITY OF CORPUS CHRISTI, a runioipal corporation of the State of Texas, by and through its duly authorized wort hereinafter styled "CITY ", for and in consideration of the sun of One Hundred Forty -five and 25/100 Dollars (0145.25) in hand paid by SOUTHERN PIPS L2hgi CORPORATION, a corporation, reosipt of which is hereby acknowledged, does hereby grant and convoy UMO the SOUTHERN PIPE LINE CORPORATION, its suaosseors and aanignsi the right -cf -way to lay, construct, maintain and operate a b" oil and /or gas line along the route as shown on the plat hereto attached as an exhibit and made a part hereof, and to reconstruct, replace, renew, change the mine of and remove pipes and pipe lines for the transportation of oil and /or gas over., through, upon, under and across the following described lands pituatad in the Counties of Jim wells and San Patricia, State of Texae, said land being described as follows, to -wi41 FInST TRACTS 1426.3 sores of land out of a treat of 10,200.42 acres of land known as the Made Reach, embracing part of the Juan Jose do Gsrssa Mantemayor and his three eons' Grant, khownz as Vasa Slanoa," part of the Benito Lopes do ' 2aen Orant known as "San AntotA o de Ague Duloe," all of the two George Noessell Survsya= all of the Alonso Mair Survey; part of the Jose Niguls Alfrets Surveyh part of the J. Pointevent Eastern Surveyl and part of the C.C. Plu mer Surveys said 1426.3 &ores located in Jir Spells County, Texas, along the Hueoes River, and more particularly'desortbed by metes and bounds in that certain warranty dead from Wallis D. wade find Lqu Ella wade, his wife, to the City, dated October 3, 1927, recorded in Vol. 32, pgd. 183-88 of the Dead Records of An Wells County, Texas, to wtdoh reference is here made for further identification and exact deaoriptionj SECOND TRACTS 113.1 acres of land, being a part of the Southern part of a Dour- League Grant to Miguel, Pedro, Juan and Hepoduasno Delgado, said survey being in San Patricia County, Texas, and about tegMles North 40 West of the Town of San Patriots, and being the same land conveyed in a dead from A. F. Algae► to Mrs. B..K. Barnhart and J. W. Barnhart, recorded in Vol. 87, pge. 177 -78 of the Dead Rsoords of San- Patrieio County, Texae, and the same land described by dotes and bounds In a warranty dead to the City, the present record owner, now of record in the Deed Records of San Patrioio County, ?axes+ to which reference in here made for further identification and sxaot description. Together with rights of ingress and agrees to and from said land for the purpose aforesaid. The Grantee hereby agrees to pay any damages which my arise parties in possession thereof under lease from the City, from the exeroics of the rights herein granted, said damges, if not mutually agreed upon; to be asoer- tained and determined by three disinterested persons--one to be appointed by the City or the third party in possession under lease from the Cityet+o has suffered the damagasi oral by the Oranteef and the third by the two sa•appointed. Award of such pbreom or any two of them shall be final and oonoluaAve. Grantee shall brace all fences before cutting and replace all fences in as good or better shape as before. The a" oil and /or gas pipe line to be laid. under this grant shall be upon the routs shown in the plat hereto'attaahed as Zftbit "A" and spade a part hereof, which line shall, parallel the United tics QacpanyON line already laid across the above described land, and approximately 15' therefrom. Orantes, its suacessors and assigns, shall bury said pipe line to suoh depth as not to inter- fere with ordinary oultivation of said land. TO SAVII AND TO HOLD said easement, rights, and rightwof -way, WAQ the said SOUT}KRN PIPE LINE CORPORATIOti, its suaowesgre and smsigns. This agreement shall be binding upon the suoeesaore and assigns of the parties hereto. This instrument embodies the entire agreement between the parties hereto, inoluding the oonsideration paid therefor. IN WITNESS WMRROF, the City has hereunto not its hand and mesa on this the 28th day of July, 1945. ATTFSTt By City Seoratary APPROVED AS TO IXOAL FORMS 1 CITY OF CHRISTI t r COUNTDRSIONFID BYt City Comptroller THD STATE OF TNXAS 4 OOuNTY of NuECAS Q MFOn ME, the anderslgnAd, a Notary Public, in and for said County, Texas, on this day personally appearrd ROY L. SELF, known to me to be the person and officer whose num is subscribed to the Foregoing in- strument, and acknowledged to me that the so* was the act of the CITY OF CORMS CHRISTI, and that he sxoouted the ache as the,&at Of such City for the purposes and consideration therein expressed, and in the capacity therein stated.- GIVEN UNDM HY NAND AND SBAL OF OFFICE, this _ day of My, A.D. 1445• (S E A L) Notary public, Nueoos County, Texas SECTION 2. That such easement be delivered upon payment of the consideration receited therein. SECTION 3. The public importance of this Ordinance creates a public emergency and a public imperative necessity requiring 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 several meetings of the City Council, and the Mayor, having declared that, such public emergency and imperative necessity exist, and having re- quested that such Charter rule be suspended, 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, ACCORD - I?TGLY, SO ORDAINED. PASSED AND APPROVED thid%_55 day of A. D., 19+5• MAYOR, C' of orpua hristi, Texa ATTEST r City Secre ary v APPROVED AS TO LEGAL FORM: Cor us Christi, Texas 1945 TO THE MEMBERS OF TEE CITY COUNCIL OF THE CITY OF CCPXUS CHRISTI Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing Ordinance, a public emergency and an imperative necessity exist for the suspension of the Charter rule or requirement that no Ordinanoe or Resolution shall be passed finally on the date it is introduced and that such Ordinance or Resolution shall be read at three several meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this Ordinance finally on the date it is introduced, or at the presgnt meeting of the City Council. Respectfully, i YOR, C-0j of Corpus Christi. The Charter rule was suspended by the following vote: Ray L. Self B. G. Moffett R. R. Rambo - N. C. Back N. B. Marriott The above Ordinance was passed by the kilowing vote: Roy L. Self B. G. Moffett, R. R. Rambo N. C. Beck N. B. Marriott , r L+ � r r, ,