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HomeMy WebLinkAbout03180 ORD - 12/03/1951I=inger;tp -5 December 3, 1951 AN ORDINANCE AUTHORIZING AMID DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE ARIGHT OF- WAY AGREEME1 4, TO TRUN%I,INE GAS CO}dPANY A NATURAL GAS , PURP S Y GPI iNE OR LINES IN THE THIRTY FOOT, RIGHT OF_�AY GRANTED AC$OSS_TWO'TRACTS OF ?.ni5ii OUT OF THE DE,'LGADO *SURVEY ABSTRACT NO_ . L.4. SAN PATFICTO CQUN_TY-,_BEING 277.9} ACRES OF LAND, AND A -t7PTi ADJACENT TO SAID RIGHT OF WAY, ALL,A�S, MORE 1?ARTIDULAALY DESCRIBED IN SAID RTGHT'OF YPAY AGREEiMT, A >w ,y�vjai..,.. viv va. yn ;vrav, •• v✓,�v.i tsiy{a u.� v.p •iY1vY uV yvtY —_ i S1DERATION OF',ONE DOW,AR PER.L-N�AR ROj). OF PIPE W4E,LAID, A i'?Pd ;AOCORDANCE VPITH THE TERMS AND CONDITIONS OF SAP.4GREE- fFI 'A6V DECLaTNG'AN'WR.GEPICY__ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP CORPUS CHRISTI, TEXAS-: - 'SECTION 1. That the City Manager be, and he is hereby authorized and directed for -and on behalf of the City of Corpus Christi to execute a right of way agreement to Trunkline Gas Company, a natural gas company, for the purpose of lay- ing pipe line or lines in the thirty foot right of way granted across two tracts of land out of the Delgado Survey Abstract No. 4, San Patricio County, being 277.99 acres of land, and a fifty foot square area adjacent to said right of way, all as more particularly described in said right of way agreement, for gathering and trans- porting oil, gas and other substances located on City owned land at Lake Mathis, to be for and in consideration of one dollar ($I) per linear rod of pipe line laid, all in accordance with the terms and conditions of said agreement, a copy of which is attached hereto and made a part hereof. SECTION 2. That the necessity for gathering and transporting oil, gas and other'substances produced in said area creates a public emergency and an im- perative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that the ordi r nce or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and necessity to exist, requesting such Charter rule be suspended and that this ordinance be passed finally on the date it is introduced and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY PASSED AND AP OVED This the 4th day of December, A.D. 1951. T: OR THE CITY OF CORPUS CHRISTI, TEXAS City Secretary .... ... ... APPR AS TO :,GAL FORM: Titry Attbrnay � ,f ... °- -� C 0 P Y ^- .. 1 TExA§ T -23 RIGHT -OF -WAY AGREEMENT THE STATE OF TEXAS COUNTY of SAN PATRICIO KNOW ALL MEN BY THESE PRESENTS: That the undersigned, CITY OF CORPUS CHRISTI, A munioipa 1 corporations acting therein by and through its duly authorized City Manager W_ B. collier, (hereinafter called GRANTOR, whether one or more), for and in consideration of One Dollar in hand paid, receipt of wbich is hereby acknowledged, and the further consideration of One Dollar ($1.00) per linear rod to be paid be- fore the first pipe line is laid, does hereby grant, bargain, sell, convey, and warrant unto TRUNKLINE GAS COMPANY (a Natural Gas Company under the Act of Congress of June 21, 1938, 15 U.S.C.A. 717) a Delaware corpora- tion, its successors and assigns (hereinafter called GRANTEE), a right -of -way and easement to construct, lay, maintain, operate, alter, repair, remove, change the size of, and replace pipe lines and appurtenances thereto (including without limitation Cathodic Protection equipment) for the transportation of oil, gas, petroleum products so any other liquids, eases or substances which can be transported through pipe lines, 1 ?IR9T R6CT T: " scree of land out of the Delgado Survey Abstract No. !t, San Patrioio County, Texas, and being the same property o,:rnreyeti by J. A. H®nderacn to the City of Corpus Christi, Texas, by dead dated October 19, 1927, and recorded in Volans 93, page 77, Deed Records of said County, and Deed from Dallas Joint Stock Land Dank to the City of Corpus Christi, Texas, bq deed dated November 23, 1942, and recorded in Volume 132, page 320, Deed. Records of said County. SECum t' R&CT¢ . acres of land out of the yelgado Survey, Abstract No, lt, San Patrioio County, Texas, Wil being the same property conveyed by J. M. McMurray at ux, to the City of Corpus Christi, Texas, by deed dated October 2, 19411 and recorded in Vol. 129' page 198, Deed Records of said County. sucH Pipe line and other installations, except one fifty foot (501) square area hereinafter descritied, to'b® 'confiaed'to an area within a right of way thirty, feet (301) in width, Having as its caitar "line the fol.l.ovdng.described.34nes' W tract, C01f1LEMCINO at'a point on the public road running along the Northeast side of the McMurray said point 'aeingK the "•noi�thWeatern co`rner'of the •McMurray •tract, thence 5 22` deg. W 168.6 feet to a poinf and thence N. 69 deg. 451 W 304 feet to a point for the Place of Beginning; ' THENCE S 69 ,deg. b5' E, crossing the.Northwest boundary litre of the iicifurray,Tract, and croasing .the .Uaitsd Gas 8" pipe linos :49L Beet, to i point; t , . , c' r . . THENCE N 80.deg -i 1151 E 580 feet to a point of intersection; THENCE, N, 85 deg. ,g, ]lilt feet to the ,south fence litre of a public road, which point of in- TWICE, 1998 ,£eat Norti�weet from tite`,interaection 'of, the South boundary line' of the public road extended, with the .center line ,of the T&NO, •Railroad -Right of lay.. _ M- FIFTY FQOTN(501, square, area above referroa to shall, be located at a. point on said right of way center. line beg±xuting 100.£eet „eastiviaz+d =fro a: the Place of Beginning, and extending 50 feet. eastward along said :eertter 3iYi®, eo located that',ths,center line_of the 50 foot sctl a will coin- cide with the center line of tale right o£, tKay. , g:sue or sucn pipe ane. Grantee hereby agrees to bury all pipes to a sufficient depth so as not to interfere with cultivation of the soil and agrees to pay for any damage to growing crops and fences which may arise from the construction, maintenance and ���«,, rop�ggg,tpgg�jrlinea- said; damage ,�if;aotmntually >agreedcupon;, shall: he -exertained-' and °determinyd.by.three , dis- ;�q. - ^s ,� Pe. - _ r�,b ,�.SF�� � � r � RS�' w.-. i � ca p'h • „i use og jha1"j -' L taX” in grantgd shall autQmatigally terminate this agreome?ut, Hari it is agreed that the fttlluie to use said"tiaiid for "thci "purposes herein gr6rited' foic+'tv,e,ve (12j cone+ecut#ve months shall constitute It is unstumlll' taR 41r4t_oad and agriiid "that_ thls•sg"reement as written cc are all the agree- ments and stipulations between the parties _and 'Chat _no..,reprosentchti� - O r atatementtl, oral or viltten, bav9 bean made modifying, edding'to, or changing- the terms hereof. tH WT"Ess lnWEoF, the Grnartoro herein have executed this conveyend0s his the dry 03 1951: TIM CITY OF CORPUS CHRISTI 1111-77. 7. e - o mr, fir . . ATTESTo secretary g ff. B. Collier, ger ATTEST: Secretary 'AFMOM AS' TO LEGAL City ormy THE SPATE OF TEkAS COUM OR - NUECtS T BEPt)Rb' -ME# the undersigned authority, on this day personally appeared Yea B. CO'LLIM, city Ma nes, duly authorised to act herein„ of the CITY OF COEPUS ORRISTI, a mudoipsl corpora- tion# known to me to bb,the parson and officer whose name is subscribed to the foregoing in- strument, and kaoea to me to be the City ilsna er of the City of Corpus Christi., and acknoiledged to ra that said inatrumont is the act and dead of said corporation and that he executed the same as the act and dead of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. fiu 'U TI W--BM AND SEAL OF ,OFFICES, Thin the day of A.D. 1951. NOTARY PUBLIC in and for Aueces County* Texas (L.S.) Notary Public in and for County Y_ r7#XY}�jfif$j'�k'X? fiCRY "" x ' �'C �' de' H}C CLi�...' �CXiC YdiAN1GY`. lif3 C'SiSa'�SF3LXY•+YivYiYrYi7IiF�' rl�OL7Cf§7� By the terms of this agreement, Grantee has the right to lay, construct, maintain, operate, alter, repair, remove, change the size of, and replace at any time or from time to time one or more additional lines of pipe and appurtenances thereto, said additional lines at to parallel any existing line laid under the terms of this agreement Pro- vided, however, that for each additional line laid after the first line is laid hereunder, Grantee shall pay Grantor, his heirs or assigns, One Dollar ($1.00) per lineal rod of additional pipe line' laid under, upon, over or through said here - inabove described2pvgM=ac 30, right of way. The Grantee, its successors and assigns, is hereby expressly given and granted the right to assign said right -of -way and easement herein granted and conveyed, or any part thereof, or interest therein. The same shall be divisible among two or more owners as to any right or rights granted hereunder so that each assignee or owner shall have the rights and privileges herein granted, to be owned and enjoyed either in common or in severalty. TO HAVE AND TO HOLD unto the Grantee, its successors and assigns, with ingress to and egress from the remises for the p purposes herein - p tedpwithin ids �3fee• ON except during the installation operations m&Y bNOPO �' A B t% f��y�Y�iJe & U'joVeaii Prerttisees e�c$pt for the purposes herein granted to the said Grantee and provided the said Grantor shall not construct or,permit to be constructed any house, structures or obstructions on or over or that will interfere with the construction, maintenance or operation of any pipe line or appurtenances con- structed hereunder and will not change the grade of such pipe line. Grantee hereby agrees to bury all pipes to a sufficient depth so as not to interfere with cultivation of the soil and agrees to pay for any damage to growing crops and fences which may arise from the construction, maintenance and gytfl4 ,lines:.-Saidjdamage;-ifr'not °mutually agreed upon, shall be ascertained and determined by three dis < r } Onteiested,persone; ' onekth' f`.t- a s mtkd b� %said Grantor; ton ,io be ap oinVted by the Grantee, its successors or, assins, the thud to 6s�ytlro'paSth1�hPPciH�edla� af°reid �Tha�tite�r�uf sucli -ihree persons earl ib Is agreed use of ths. pad k�ein „granted shall automatically rrteat he tsd'foxst6`01” (12) aon"Dout�'va that the £ &Slut` to nsa said °laxid £or' tkw' 'purko St month$ shall:' oauetitute •- obanAmol t–is 5 -- --., It is' muttxallq s�i±�d and agreed that this •aprectment as written covers all the agree° m ©ntti and at botobdu the parties t uo_.relaeseatatioue or statexaeairss or9 or f addi to or changing " the terms hereof. written, have been made medifsr ng. adding r iN WIMSS 'Pfli} rev, the Grhx►tors herein have executed this ovaysyanttestaAs the day of 1951- Tim CITY OF CORFUS CffMT1 I`y '__ . . o er, ger ATTEST. Seem ary APFROM AS TO ISGAL FORM craoy TIM SPATE OF TEXAS COU-ATX OF WECES BEFORE 3fE, the tzndorsignod aut}toriiys on this day personally appeared W. B. COLLIER. City 11mger, duly authorized to act herein. of the CM op CORFus CHRISTI. a munioipa3 aorpora- tions kawn to mm to b@ the person and officer whose name is siabsoribed to the and& iAG ilorl sd strtmtents and kax = to me to be the City Hess or of the City of Corpus and as me tact stkid dead instrtmtontd corporation for for the purposes orand aensiderat ontihsrspin expressed, and in the capacity therein stated. GIM 'QWa W HOD AND UAL OF OFFICE. This the day of — 110TARX yUBL1C in and for %uecos CsmntVs Texas 44, 1 N -78.0 1Zo U: