HomeMy WebLinkAbout04194 ORD - 04/27/1955Ac:4/26/57
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO ACCEPT A RIGHT
OF WAY AGREEMENT ACROSS THE EAST 100 ACRES OF A 200 ACRE
TRACT DESCRIBED AS LOT 5 OF THE ROWENA SCHAEFFER FARM
LOTS FROM H. T. ISENSEE FORA C WATER LINE; AUTHORIZING
PAYMENT FOR RIGHT OF WAY IN THE AMOUNT OF y ,470.30, A
COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A
PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, IT IS NECESSARY AT THIS TIME TO ACCEPT A RIGHT OF WAY
AGREEMENT FROM H. T. ISENSEE FOR A 48° WATER LINE FROM CLARKWOOD TO SAVAGE
LANE IN NUECES COUNTY, TEXAS; AND
WHEREAS, BY ORDINANCE No. 4063, PASSED AND APPROVED BY THE CITY
COUNCIL ON THE 19TH DAY OF JANUARY, 1955, THERE WAS APPROPRIATED THE SUM OF
$26,878.44 OUT OF NO. 202 CITY OF CORPUS CHRISTI WATERWORKS SYSTEM CONSTRUCTION
FUND FOR RIGHT OF WAY AND DAMAGES TO PROPERTY FOR A 48" WATER LINE FROM CLARKWOOD
TO SAVAGE LANE IN NUECES COUNTY, TEXAS;
NOVI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, 70 ACCEPT A RIGHT OF WAY AGREEMENT
FROM H. T. ISENSEE ACROSS THE EAST 100 ACRES OF A 200 ACRE TRACT DESCRIBED AS
LOT 5 OF THE ROWENA SCHAEFFER FARM LOTS FOR A 48" WATER LINE, AND TO PAY THE
SUM OF `1,470.30 OUT OF THE *26,878.44 HERETOFORE APPROPRIATED OUT OF N0. 202
CITY OF CORPUS CHRISTI WATERWORKS SYSTEM CONSTRUCTION FUND FOR THE RIGHT OF WAY,EXCLU-
OF CROP DAMAGE
SIV,E/ A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR ACCEPTING THIS RIGHT OF WAY AGREEMENT
IN CONNECTION WITH THE CONSTRUCTION OF A 48" WATER LINE FROM CLARKWOOD TO SAVAGE
LANE 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 AND THAT SUCH ORDINANCE OR RESO-
LUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE
MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED
THE SUSPENSION OF 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
FROM AND AFTER IT S PASSAGE, IT IS ACCORDINGLY SO ORDAINED.
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AC :4/26/55
PASSED AND APPROVED, THIS THE AY OF 1955.
MAYOR
THE CITY OF CORPUS CHRIST[, TEXAS
ARY
AS ]O LEGAL FORM:
I TY :'.TT
THE STATE OF TEXAS
COUNTY OF NUECES
FOR AND IN CONSIDERATION OF THE SUM OF TEN ($10000) DOLLARS, AND OTHER GOOD
AND VALUABLE CONSIDERATIONS TO THE UNDERSIGNED, CASH IN HAND PAID, THE RECEIPT OF
WHICH 15 HEREBY ACKNOWLEDGED AND CONFESSED, THE UNDERSIGNED, HEREINAFTER CALLED
GRANTOR, (WHETHER ONE OR MORE) HEREBY GRANTS TO THE CITY OF CORPUS CHRISTI, TEXAS,
A MUNICIPAL CORPORATION, DULY INCORPORATED BY A SPECIAL ACT OF THE LEGISLATURE OF
THE STATE OF TEXAS, HEREINAFTER CALLED GRANTEE, THE RIGHT-OF-WAY FOR THE SOLE PURPOSES
OF LAYING, CONSTRUCTING, OPERATING, MAINTAINING, REPAIRING, REMOVAL AND RECON-
STRUCTION OF A PIPE LINE FOR THE TRANSPORTATION OF WATER, ON, OVER AND THROUGH THE
FOLLOWING DESCRIBED LAND SITUATED IN THE COUNTY OF NUECES, STATE OF TEXAS, TO-WIT:
ALL TU03C CERTAIN TRACTS OR PARCELS Or LAND SITUATED IN
NUECES COUNTY', TEXAS, DESCRIBED AS FOLLOWS:
THE EAST 100 ACRES OF A 200 ACRE TRACT DE3CRIBE0 AB LOT
OF THE ROWENA SCRAECfER FARM LOTS AS SMOWN BY MAP TNEREOr AE.
CORDED IN VOL. 3, PASS 17 Or TOE MAP RECOROB Or NuECEB COUNTY,
TExAS, AND BEING THE SAME LAND CONVEYED TO *GO T. FSCHBEE BY
W. R. TmART AND WIPE SARAN TA4ERT, ST WEED DATED APRIL
1936, ue/Alotb in VOL. 219, PASL 539 Or THE NUCCE3 COUZT QED
RECORDS, EXCEPT IOWEVER TIE TRACT OF LAND DESCRIBED IN DEED FROM
WILLIAM J. METER AND Wirt, HATTIE MEVER TO BEN W. NOVAK AND WIrE, LILLIAN
NOVAK DATED OCTOBER ITN, 1952 RECORDED IN VOL. 50, PAOD 82 or THE
DEED RECOIlDB Or NuteE! COUNTY, TEXAS.
SAID RIGHT- OF-WAV NEREfN GRANTED ACROSS TUC ABOVE DESCRIBEO LAND IS LOCATED ON AND
ALONG A CENTER LINE EXTENDING ACROSS SAID LAND AS FOLLOWS:
BEGINNING AT A POINT IN THC SOUTH BOUNDARY LINE OF
STATE HIGHWAY NO. 44, SAID POINT BEARS WEST TWENTY (201) FEET
FRO" TNC NORTHEAST CORNER OF THE ABOVE DESCRIBED TRACT;
THENCE SOUTH PARALLEL TO AND TWENTY (20') FEET NEST
OF THE EAST BOUNDARY LINE OF TNC ABOVE DESCRIBED TRACT' AT
840,5 FEET PAS& THE NORTHWEST CORNER OF A 25 ACRE TRACT CON+
VEYED TD L. K. VANCE BY OECD DATED NOVEMBER '8, 1916 AND RE-
CORDED IN VOLUME 116, PAGE 566, NUECCS COUNTY DEED RECORBS, IN
ALL 2463.6 FEET.
SUCH RIONT -OF -WAY NERCSY GRANTED SHALL BE CONSTRUED TO BE A STRIP OF LAND FORTY
(401) FEET IN WIDTH,, HAVING SAID CENTER LINE ABOVE SET FORTH AND EXTENDING TWENTY
(20') FEET ON CITHCR SIDE OF SAID CENTER LINE. THIS GRANT OF SUCH RIGHT- OF-NAY
IS MADE UPON AND SUBJECT TO TNC FOLLOWING CONDLTIONSL
FIRST.- ALL PIPE LAID UNDER THIS GRANT SMALL SE +.AID UPON THE RIGHT -OF-
WAY DESCRIBED HEREIN? AND SMALL BE BURIED TO SUCH DEPTH AS NOT TO INTERFERE WITH
THE ORDINARY CULTIVATION OF SUCH LAND.
SECONDf THIS GRANT SHALL BE FOR ONE PIPE LINE ONLY, AND SMALL NOT
INCLUDE ANY AUXILIARY WORKS, (EXCEPT VALVES, CUT -OFFS, AND CONNECTIONS), OR
POLE LINES, OR SURFACE OBSTRUCTIONS OF ANY MATURE.
THIRD: SUCH PIPE LINE SHALL BE MAINTAINED IN 0000 CONDITION, AND ALL
1.
' -C"S STOPPED AND NECESSARY REPAIRS SMALL BE MADE PROMPTLY.
FOURTHt GRANTEC,'AS A PART OF THIS GRANT SMALL HAVE THE RIGHT OF IN-
GRCSS AND CGRCSS TO AND FROM SAID PIPE LINE FOR THE PURPOSE FOR WHICH GRANTED
AS AFORESAID, BUT TRAFFIC AND TRANSPORTATION ACROSS THE ABOVE DESCRIBED LAND
SMALL DC ONLY SUCH AS IS NECESSARYp AND SHALL BE CONDUCTED AS FAR AS POSSIBLE
IN SUCH "ANNCR AS TO CAUSE THE LEAST IMCONVENIEMCC TO THE LANDOWNERS AND
TENANTS.
FIFTHS GRANTOR, "IS HEIRS, SUCCC&SORS OR ASSIGNS RESERVES THE RIGHT
TO USE AND FULLY ENJOY THE ABOVE DESCRIBED STRIP OF LAND GRAMTCD HEREIN FOR
RIONT «OF +WAY, AND NOTHING HEREIN CONTAINED SHALL PREVENT GRANYORINIS HEIRS,
ADMINISTRATORS OR ASSIGNS
.2.
FROM GRANTING TO OTHER GRANTEES, OTHER RIGHTS—OF—WAY, WHICH MAY CROSS THE RIGHT—OP—WAY
HEREON GRANTED, PROVIDED SUCH OTHER RIGHTS—OF—WAY SMALL NOT INTERFERE WITH THE PIPE
LONE MAINTAINED BY THE GRANTEE HEREIN,
SIXTH; GRANTEE SHALL PAY TO GRANTOR ALL DAMAGES OF ANY KIND WHATEVER WHICH
MAY ARISE BY REASON OF THE EXERCISE OF THE RIGHT HEREIN GRANTED, OR FROM THE CON-
STRUCTION, MAINTENANCE OR OPERATION OF SAID PIPE LINE, INCLUDING DAMAGE TO CROPS,
LANDS, STOCK, FENCES, EQUIPMENT OF ANY SORT, BUILDINGS AND ANY DAMAGES RESULTING FROM
INTERFERENCE WITH FARMING OR RANCHING OPERATIONS, OR FROM LEAKAGE OR WASTAGE FROM
SUCH PIPE LINE. SUCH DAMAGES IF MOT MUTUALLY AGREED UPON SHALL BE ASCERTAINED AND
DETERMINED BY THREE DISINTERESTED PERSONS, ONE TO BE DESIGNATED AND APPOINTED IN
WRITING BY GRANTOR, NOS HEIRS, SUCCESSORS OR ASSIGNS, ONE TO BE DE5IGNATED AND
APPOINTED IN WRITING BY GRANTEE, AND THE THIRD YO BE DESIGNATED AND APPOINTED IN
WRITING BY THE TWO SO APPOINTED AS AFORESAID; AND THE AWARD IN WRITING BY SUCH THREE
PERSONS, OR ANY TWO OR THEM, SMALL BE FINAL AND CONCLUSIVE.
SEVENTH. ALL RIGHTS TO USE AND OCCUPY SAID RIGHT-OF—WAY FOR THE PURPOSES
AFORESAID, OR ANY OTHER RIGHTS HEREUNDER, SHALL CEASE AND TERMINATE IF SAID PIPE
LINE SHALL BE UNUSED FOR ONE YEAR; OR BF GRANTEE SHALL AT ANY TIME ABANDON THE USE
OF SAME FOR THE PURPOSE GRANTED HEREIN.
TO HAVE AND TO HOED SAID EASEMENT, RIGHT AND RIGHT—OF—WAY TO SAID GRANTEE,
SUBJECT TO AND UPON THE FOREGOING CONDITIONS AND ^aTIPULATIONS, AND FOR THE PERIOD
ABOVE MENTIONED.
IN TESTIMONY WHEREOF, THE GRANTOR MA® HERETO SET HAND ®, TH15
THE DAY OF n A.D. 195
m
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
, KNOWN TO ME TO BE THE PERSON WHOSE NAME
IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED,
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF , A.D.
195
NOTARY PUBLIC, COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
, WIFE OF , KNOWN TO ME TO BE THE
PERSON WHOSE NAME 6S SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND HAVING BEEN EXAMINED
BY ME PRIVILY AND APART FROM HER HUSBAND, AND HAVING THE SAME FULLY EXPLAINED TO HER,
SHE, THE SAID , ACKNOWLEDGED SUCH INSTRUMENT TO BE HER ACT
AND DEED, AND DECLARED THAT SHE HAD WILLINGLY SIGNED THE SAME FOR THE PURPOSES AND
CONSIDERATOON THEREIN EXPRESSED, AND THAT SHE DID NOT WISH TO RETRACT IT.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY of ,A.D.
t9 ®.
NOTARY PUBLIC, COUNTY, TEXAS
�4�
CORPUS C STIy TEARS
1955
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRI °;TI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTROr UCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MUETIN',,5 OF THE CITY COUNCILS 1, THEREFORE,
HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS
THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING
OF THE CITY COUNCIL.
RESPECTF'ULL'Y,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
FARRELL Do SMITH
MIND R CULL!
W. J. ROEERTE
B. E. BIGLER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTC:
FARRELL D. SMITH
MIN__ ^.R CULLI
W. J. ROBERTS
E3. E. BIGLER
MANUEL P. MALDINADO
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