HomeMy WebLinkAbout04195 ORD - 04/27/1955t V-,
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AU I I f,'G 1. CT I'd,-' , THE CITY I 'A IG"R FOR d 1 ) U'�
— L F c
11 TH"-.- CITY OF MC,'J,3 CK"iDTI -TO r,, CEPT ', FIGHT
Of 'bh'e :-0036 THE N&YI-H FO.-,
FARM NO. 2 OF THE J. C. W3SELL FA.2( I �1_OCIKS
FC)',' A T, ', LIL!E; IJTFIORIZING R`YNIE'T
F(",R !�IGIIT OF ."AY IN T1 7 "1;,0(jI1T OF
X111y 07
(_',EEIE1rIT IS ATTACHED FE-+,I-To "WD lk)_-
"'Y
IT 1S hIECESSF,IIY Al THIS TIME TO ACCEPT 1, i?IGIIT(,r WAY
',G.2ELI,1EIfT LESTLR IIE111301-IN FG,,' A WATEI; LINE FROM TU SAVAGE
LA7iE II( iIUECES COUNTY, TEXAS; AilD
3Y Ch-ILMNANCZ MO. PASSED AND APPiIGVFP 3Y THE
ON 71-11: 19TH DAY OF JAI'JUAi,Y, 19"j, THERE WAS APPIi')I':',IATED THE SUM OF
'O,MIJ- 'Tl "'ATE�1WONKS SYSTEM CONT
CUT OF 202 CITY OF C CHRJ� ;Ti: wc I Oil
�! " " �! AT Y_' R L I N F F N 0 Id, I- A � Z I ', I D
Fui,f) FOR RIGHT OF WAY MID DMAGES TO FROPEiiTY FI.M A L'. i"Dj
TO SI,VAGE Lm,ic- III NUCCES COUNTY, Tzxts:
THERE-FORE, 3E IT ORDAIIIE) 3Y THE CITY COUI,1c-IL OF THE CITY or
'_OI2PU1-' CHE,15TI TEiIAS:
JECTION 1. THAT THE CITY tIAIIAGLR ISHEREDY AUTHORIZED, FOR AND
ON DEHALF OF THE 'CITY OF COi'PUS CHRISTI, TO ACC--PT 1, IZIaHT OF WAY AGREEMENT
Faom LF3TF:2 HEiwSoiiid ACaOSS THE kCRTH FC: ',TY (40) ACRES OF FRM, BLOCK '110. 2 OF
TIIE J. C. !:1US3ELL FO,iI A 4"J'!* FATE; Ll[jL, AND TO PAY THE SUM OF
M,627.60 OUT OF THE �26,`7'.`4 HERETUFoilr APPROPRIATED OUT OF No. 202 CITY
OF CORPUS CHId_Tl 1'j,%TEr1WORI,_' SYSTEM _ONSTFUCTICN FUND FCM THE IGHT OF WAY, EX-
CLUSIVE OF CROP DAMAGEj A COPY OF WHICH ACHEEIIEVJT 13 ATTACHE:,- HERETO AND HARE A PA-,T
F"
SECTION 2. THE NECESSITY FOR ACCLPTI111C. THIS i?IGHT OF WAY AGDEEI-TENT
lo" WATER LINE 'NOM CLARKWjOD TO SAVAGE
III CONNECTION WITH THE CONSTrt)�;TION OF A "u
LANE CREATES A PUBLIC EMERGENCY AND Ar, IMPE.'ATIVE FULILIC NECESSITY REQUINING
THE _U,,PEi;SION C.' THE '1IArT-.k RULE THAT NO ORDINANCE OR RLFOLUTION SHALL DE
PASSED FINALLY Oil THE DATE OF ITS INTPCDUCTION AHD THAT SUCH ORDINANCE OrZ RESO-
LUTION SHALL DE READ AT THREE SEVERAL iIEETIHCS OF THE CITY COUNCIL, AND THE
MAYOR, HAVING DECLARLD SUCH Zl4Ei2GENCY AND NECESSITY TO _1'.IST, HAVItla IFILQUESTED
THE SIJSPENSION OF SAID CHARTER RULE AIJD THAT THIS OkDINAHCE: 31. PASSE") FINALLY
ON THE DAFE OF ITS INTi'ZODUCTION AND Tl�%KL EFFECT AIID bE IN FULL Forc:F AND 'EFFECT
FROH AVID AFTER ITS PASSAGE, IT 10 ACCORDINGLY CO ORDAINED.
`f1�5
PASSE) !,li) APPROVED, TFiJS THF F O '5j
THE CITY OF CORPUS CHRISTI, TE,"!,�3
P P P VE- IMLEGA� Fl-�1:
,
THE STATE OF TEXAS
COUNTY OF NUECES
FOR AND IN CONSIDERATION OF THE SUN OF TEN ($10,00) DOLLARS, AND OTHER GOOD
AND VALUABLE CONSIDERATIONS TO THE UNDERSIGNED, CASH IN HAND PAID, THE RECEIPT OF
WHICH IS 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 that certain tract or parcel of land situated in Nueass County, Texas, and being
the north 40 acres of Farm Block No. 2, of the J. C. Russell Farts Blocks in Nueoes
County. Texas, according to ffiap of said Farm Blooks recorded in Volume 3 page 530
Map Records of Nueass County. Texas, the south boundary line of said north 40 &ores being
a line parallel to the north boundary line of said Farm Bleak 2, and extending across
said Farm Block frog the east boundary, line of the west boundary line thereof a
sufficient distance south of said north boundary line to include an area of esaatly
40 cored and being the same property conveyed by Rlo Bsinsehn, a single man, individ-
ually end as Independent Nxeautor of the Nstate of Clare BJeinsohu to Lester Rainseba.
by deed dated Dessmber 19, 1951, recorded in Volume 537. page 189 of the Nusess County
Yep Records.
Said right- of-way herein granted across the above described land being more particu-
larly described by sates and bounds as followes Bsginning at a point, the northwest
corner of said Block 2, J. C. Russell Farm Blookej thence east along and with the
north boundary line of said Block 2, a distance of 2684.8 feet to a point for the
northeast corner of this tract. being also the northeast corner of said Block 2,
J. C. Russell Farm Tracts; thence along and with the east boundary line of the ■aid
Block 2, a distance of 40 feet to a point for the southeast corner of this tracts
thence west parallel to and 40 feet wouth of the north boundary line of the said
Block 20 a distance of 2621.6 feet to a point for a corner of this tract; thence
S 450 W. a distance of 54.02 feet to a point for a corner of this tracts thence
west, parallel to and 78.2 feet south of the north boundary line of said Block 2,
a distance of 25 feet to a point in the west boundary line of said Block 2, for the
southwest corner of this traots theme N lc- 421 W along and with the went boundary
line of said Block 2, a distance of 78.2 feet to the place of beginning*
Such right- of-way hereby 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 (201) feet
on either side of said center line, and also shall include the right to use land ex-
tending an additional thirty -five (35r) feet on one side of said forty foot right -of-
way, making a total of seventy five (751) feet during the period of construction. the
said additional thirty five (351) feet to be an the side selected by Grantee and to
be an the same side of said oenterline entirely across said tract. This grant of such
right- of-way is made upon and subject to the following oonditimas
FIBSTs All pipe laid under this grant shall be laid upon the right- of-way
described herein, and shall be buried to such depth as not to interfere with the
ordinary cultivation of such land.
SHO(NDs This grant shall be for one pipe line only, and shall not include
any auxiliary works, (except valves, cut -offs. and connections), or pole lines, or
surface obstructions of any nature.
THIRDS Such pipe line shall be maintained in good condition, and all leaks
stopped and necessary repairs shall be made promptly.
FOUTHs Grantee, as a pert of this grant shall have the right of ingress and
egress to and from said pipe line for the purpose for which granted as aforesaid, but
traffic and transportation across the above described land shall be only such as is
necessary, and shall be conducted as far as possible in such manner as to cause the
least imonvmienoe to the landowners and tenants.
FIFTHS Grantor, his heirs, auoosasora or aeeigns, reserves the right to use
and fully enjoy the above described strip of land granted herein for right-of-way, and
nothing herein contained shall prevent Grantor, his heirs, administration or assigns
-e_
FROM GRANTING TO OTHER GRANTEES, OTHER RIGHTS-OF-WAY, WHICH MAY CROSS THE RIGHT-OF-WAY
HEREIN GRANTED, PROVIDED SUCH OTHER RIGHTS°OF- WAY,SHALL NOT INTERFERE WITH THE PIPE
LINE 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 PGPE LINE. SUCH DAMAGES IF N07 MUTUALLY AGREED UPON SMALL BE ASCERTAINED AND
DETERMINED BY THREE DISINTERESTED PERSONS, ONE TO BE DESIGNATED AND APPOINTED IN
WRITING BY GRANTOR, HIS HEIRS, SUCCESSORS OR ASSIGNS, ONE TO BE DESIGNATED AND
APPOINTED IN WRITING BY GRANTEE, AND YHE THIRD TO BE DESIGNATED AND APPOINTED IN
WRITING BY THE fiWO SO APPOINTED AS AFORESAID; AND THE AWARD IN WRO71MG BY SUCH THREE
PERSONS, OR ANY VWO OR THEM, SHALL 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 HOLD SAID EASEMENT, RIGHT AND RIGHT -OF -WAY TO SAID GRANTEE,
SUBJECT TO AND UPON THE FOREGOING CONDITIONS AND STIPULATIONS, AND FOR THE PERIOD
ABOVE MENTIONED.
IN TESTIMONY WHEREOFy THE GRANTOR HA® HERETO SET HAND -, THIS
THE DAY OF . A.D.. .195_•
-3-
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 EXPRESSEDa
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 SS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND HAVING BEEN EXAMINED
BY ME PRIVILY AND APART FROM HER HUSBAND, AND HAVING THE SAME FULLY EXPLAO -MED TO HER,
SHE, THE SAID , ACKNOWLEDGED SUCH INSTRUMENT TO BE HER ACT
AND DEED, AND DECLARED THAT SHE MAD WOLLINGLY SIGNED THE SAME FOR THE PURPOSES AND
CONSIDERATION 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.
19
NOTARY PUBLIC, COUNTY, TExAS
Big
CORPUS CHRIST , TEXAS
1955
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS 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 SUSPEN-
SION 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 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 PRESENT MEETING
OF THE CITY COUNCIL.
RESPECTFULLY,�
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE'
FARRELL Do SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PA55ED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERT.:
B. E. BIGLER
MANUEL P. MALDONADO
(4195