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HomeMy WebLinkAbout03936 ORD - 11/10/1954/9/5 t AN ORDINANCE AUTHORIZING A14D DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO GRANT AN AERIAL EASEMENT TO CENTRAL POWER AND LIGHT COMPANY POR AT- ELECTRIC TRANSMISSION LINE AND AN EASEMENT FOR A GUY STUB AND GIN WIRE, AND ALL NECESSARY AND DESIRABLE ATTACHMENTS AND APPURTENANCES, ACROSS TRACT NO. 17 OUT OF THE GREGORIO FARIAS GRANT, AT THE 0. 11. STEVENS WATER FILTRATION PLANT, IN ACCORDANCE Y11TH THE RMS OF SAID EASEMENT, A COPY OF WHICH ISATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AERIAL EASEMENT TO CENTRAL POWER AND LIGHT COMPANY FOR AN ELECTRIC TRANSMISSION LINE AI,D A14 EASEMENT FOR A GUY STUB AND GUY HIRE, AND ALL NECESSARY AND DESIRABLE ATTACHMENTS AND APPURTENANCES, ACROSS TRACT NO. 17 OUT OF THE GREGORIO FARIAS GRANT, AT THE 0. N. STEVENS FILTRATION PLANT, 11, ACCORDANCE WITH THE TERMS OF SAID EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION Z. THE IECESSITY FOP. GRANTING AN AERIAL EASEMENT AT THE 0. N. STEVENS WATER FILTRATION PLANT CREATES A PUBLIC EMERGENCY AND AN IMPER- ATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT 140 ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE SAID 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 FROH A14D AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE L% DAY OF NOVEMBER, 1954. ATTEST: MAYOR CITY SECRETARY THE CITY OF CORPUS CHRISTI,� APPROVED AS TO LEGAL FORM: CITY ATTORNEY T TEbA3 y" COUNT3Y ATS OF NOECES THE OF SNOW ALL MEN BY THESE PRESENTS: " THAT the City of Corpus Christi, a municipal corpora- tion, duly incorporated under the laws of the State of Texas, acting by its duly authorized City Manager, for and in considera- tion of one Dollar ($1.00) to it in hand paid by Central Power and Light Company, receipt of which is hereby acknowledged and confessed, has this day GRANTED and does hereby GRANT unto said Central Power and Light Company, a Texas corporation, its successors and assigns, subject to the conditions and limitations hereinafter made, an aerial easement for an electric transmission line and an easement for a guy stub and guy wire, and all necessary and desirable attachments and appurtenances, across and upon the following described land now owned by it located in the County of Nueces and State of Texas, to -wit: Tract No. Seventeen (17) on Map 156, out of the Gregorio Farias Grant, adjacent to County Road No. 54, more particularly described by metes and bounds in instrument of record in Volume 242 at page 361 of the Deed Records of Nueces County, Texas. The aerial easement for said electric transmission line is limited to and shall be along a strip ten feet (101) wide off of and along the most westerly end of said property, which most westerly end is bounded by the line extending from Hearn Road to County Road No. 54 a short distance east of High- way No. 77. The location of said guy stub and guy wire shall be approximately 350 feet northeast of the northwest corner of said property and the location of the guy stub shall be approxi- mately 10 feet in a southerly direction inside the property from the north property line, which north property line is also the south line of the right of way of County Road No. 54. TOGETHER with the right of ingress and egress to and from said easements for the purpose of installing, maintaining, inspecting and removing said electric transmission line guy stub and guy wire and appurtenances. IT IS AGREED that in the event the guy stub and guy r wire and appurtenances installed hereunder interfere with the construction or maintenance of any building or other improve- ment on the above land or with any subdivision thereof, Grantee either will relocate said guy stub and guy wire and appurtenances to avoid such interference or will remove said guy stub and guy wire and appurtenances from the above land. TO HAVE AND TO HOLD the above described rights and easement unto the said Central Power and Light Company, its successors and assigns until said electric transmission line and guy stub and guy wire and appurtenances shall be abandoned and re- moved. Upon any such removal, Grantee, its successors and assigns, shall fill any and all holes or depressions caused by such removal of such facilities and reasonably restore the surface of the land to substantially the same condition as prevailed at the time of the installation of said facilities on said land. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed by its duly authorized City Manager, this the day of October, A. D. 1954• CITY OF CORPUS CHRISTI ATTEST: By City Manager City Secretary THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared RUSSELL E. McCLURE, City Manager of the City of Corpus Christi, ]mown to me to be the 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 the City of Corpus Christi, a corporation, and as City Manager thereof, and for the purposes and consideration therein stated. OIVEN UMER MY HAND AND SEAL OF OFFICE, this the day of October, A. D. 1954. Notary Public in and for Nueces County, Texas CORPUS CHRISTI, TEXAS Ak,- /o ,195+ TO THE MEMBERS OF THE CITY COUNCIL CC, PUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION O' THE CHARTER PULE OR REQUIREMENT THAT NO ORDNANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH OPOINA.NCE OR RESOLU71ON SHALL BE READ AT THREE MEETINGS ',f T4E CITY COUNCIL; I, TAEREFOPC, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OP. REQUIREMCNT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT rS INTRODUCED, OR Al THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY: C.0 MAYOR CITY OF CORPUS CHRISTI, TEXA THE CHARTF.P RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAN AY ELLRoY KING JAMES S. NAISMITH W. JAMES BRACE F_ P. PETERSON, JR T~E ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: P. C. CALLAWAY ELLP.OY KING JAMES S. NAISMITH W. JAMES BRACE F. P. PETERSON, JR.