HomeMy WebLinkAbout04196 ORD - 04/27/1955AC :1/26/55
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 AGH03S FARM BLOCK 23. OF THE J. C.
RUSSELL FARM BLOCKS FROM FRANK SECH Po ST FOR A-4d" WATER
LINE; AUTHORIZING PAYMENT FOR RIGHT OF WAY IN THE AMOUNT
OF 1,575.00, A COPY OF WHICH AGREEMENT IS ATTACHED
HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
0
WHEREAS, IT IS NECESSARY AT THIS TIME TO ACCEPT A RIGHT OF WAY
AGREEMENT FROM FRANK SECHRIST FOP A 418" WATER LINE FROM CLARKWOOD TO SAVAGE
LANE IN NUECES COUNTY, TEXAS; AND
WHEREAS, BY ORDINANCE No. 11063, PASSED AND APPROVED UY 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:
NOW, THEREFORE, BE IT ORi7AINED 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, TO ACCEPT A RIGHT OF WAY AGREEMENT
FROM FRANK SECHRIST ACROSS FARM BLOCK 23, OF THE J. C. RUSSELL FARM BLOCKS
FORA 48" WATER. LINE, AND 70 PAY THE SUM OF yf1,575.60 OUT OF THE $26,878.4111
HERETOFORE APPROPRIATED OUT OF No. 202 CITY OF CORPUS CHRISTI WATERWORKS SYSTEM
CONSTRUCTION FUND FOR THE RIGHT OF WAY, EXCLUSIVE OF CROP DAMAGE, A COPY OF
WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PAPT HEREOF.
SECTION 2. THE NECESSITY FOR ACCEPTING THIS RIGHT OF WAY AGREEMENT
IN CONNECTION WITH THE CONSTRUCTION OF A 481, WATER LINE FROM CLARKWOOD TO SAVAGE
LANE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING
THE SUSPENSION OF THE CHARTERRULE THAT NO ORDINANCE OR RESOLUTION SHALL BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESO-
LUTION SHAT -L SE READ AT THERE SEVE ;2AL MEETINGS OF THE CITY COUNCIL, AND THE
;;AYOi;, HAVING DECLARED SUCH EI-0EIeG ENCY AND NECESSITY TO EXIST, HAVING REQUESTED
THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION AND TAI(E EFFECT AND BE: 114 FULL FORCE AND EFFECT
FROM AND AFTER ITS PASSAGE, IT 1$ ACCORDINGLY SO ORDAINED.
ImEll
PASSED AND APPROVED, THIS THE ///? oaY of , 1955.
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MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
ATT.
CITY SECIETAR /
AP24ZFVED AS TO LEGAL FORM; �
CITY ATTORNEY
r
THE STATE OF TEXAS
COUNTY OF NUECES
FOR AND IN CONSIDERATION OF THE sum 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 CORPORATBON, 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 is 1lueces County, Tws, being
in Faro Block 23, of the J. C. Russell Farm Sloeks, 0- taining 470 acres of land.
Nueces County. Texas. as shown, by cap thereof, recorded in yaluoe 3. page 53 of
the bosses County Yap Records.
SAID RIGHT -OF -WAY HEREIN GRANTED ACROSS THE ABOVE DESCRIBED LAND IS LOCATED ON AND
ALONG A CENTER LINE EXTENDING ACROSS SAID LAND AS FOLLOWS'
Beginning at a point in the west boundary line of said Block 23 of the i. 0. Russell
Fars Blocks, said point bsare s Is- 421 R, 2770 feet from the centerline of the Tex"
Nexiean Railroad right-oflway north of state Bigway io. 44i thegoe R 860» l4v E
parallel to and 2rO feet south of the oenterline of the Texas Mexican Railroad
right-of-way. a distance of 26110 feet to a point in the cast boundary line of the
said Block 2; J. C. Russell Farm Blocks. r
SUCH RIGHT -OF -WAY HEREBY GRANTED SHALL BE CONSTRUED TO BE A STRIP OF LAND FORTY (d40')
FEET IN WIDTH, HAVING SAID CENTER LINE ABOVE SET FORTH AND EXTENDING TWENTY (201) FEET
ON EITHER SIDE OF SAID CENTER LONE, AND ALSO SHALL INCLUDE THE RIGHT TO USE LAND EXTENDING
AN ADDITIONAL THIRTY -FIVE (359 FEET ON ONE SIDE OF SAID FORTY FOOT RIGHT -OF -WAY, MAKING A
TOTAL OF SEVENTY FIVE (75 °) FEET DURING THE PERIOD OF CONSTRUCTION, THE SAID ADDITIONAL
THIRTY FIVE (359 FEET TO BE ON THE SIDE SELECTED BY GRANTEE AND TO BE ON THE SAME SIDE
OF SAID CENTERLINE ENTIRELY ACROSS SAID TRACT. THIS GRANT OF SUCH RIGHT-OF-WAY 15 MADE
UPON AND SUBJECT TO THE FOLLOWING CONDITIONS'
FIRST' ALL PIPE LAID UNDER THOS 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,
SECOND' THIS GRANT SHALL BE FOR ONE PIPE LONE ONLY, AND SHALL NOT INCLUDE ANY
AUXILIARY WORKS. (EXCEPT VALVES, CUT-OFFS, AND CONNECTIONS), OR POLE LINES, OR SURFACE
OBSTRUCTIONS OF ANY NATURE.
THIRD' SUCH PIPE LONE SHALL BE MAOMTAINED IN GOOD CONDITION, AND ALL LEAKS
STOPPED AND NECESSARY REPAIRS SHALL BE MADE PROMPTLY.
FOURTH' GRANTEE, AS A PART OF THIS GRANT SHALL HAVE THE RIGHT OF INGRESS AND EGRESS
TO AND FROM SAID PIPE LINE FOR THE PURPOSE FOR WHICH GRANTED AS AFORESAOD, BUT TAFFFIC
AND TRANSPORTATION ACROSS THE ABOVE DESCRIBED LAMB SHALL BE ONLY SUCH AS IS NECESSARY,
AND SHALL BE CONDUCTED AS FAR AS POSSIBLE IN SUCH MANNER AS TO CAVSE' THE LEAST
INCONVENIENCE TO THE LANDOWNERS AND TENANTS.
FIFTH' GRANTOR, HIS HEIRS, SUCCESSORS OR ASSIGNS, RESERVES THE RIGHT TO USE
AND FULLY ENJOY THE ABOVE DESCRIBED STROP OF LAND GRANTED HEREIN FOR RIGHT -OF -WAY, AND
NOTHING HEREIN CONTAINED SHALL PREVENT GRANTOR, HIS HEIRS, ADMINISTRATION OR ASSIGNS
-2-
FROM GRANTING TO OTHER GRANTEES, OTHER RIGHTS- OF°WAYy 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 DAMA "S RESULTING FROM
INTERFERENCE WITH FARMING OR RANCHING OPERATIDHS, OR FROM LEAKAGE OR WASTAGE FROM
SUCH PIPE LINE. SUCH DAMAGES IF NOT MUTUALLY AGREED UPON SHALL 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 THE THIRD TO BE DESIGNATED AND APPOINTED IN
WRITING BY THE TWO 50 APPOINTED AS AFORESAID; AND THE AWARD IN WRITING BY SUCH THREE
PERSONS, OR ANY TWO OR THEM, SHALL BE FINAL AND CONCLUSIVE.
SEVENTH- ALL RIGHTS 70 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 IF 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 WHEREOF, THE GRANTOR HA_ HERETO SET HAND ®, THIS
THE DAY OF U A.D. 1$5
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, THE UNDERSIGNED AU704OLr17Y, ON TH15 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 FOP THE PURPOSES AND CONSIDERATION YHEREIN 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 SS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND HAVING BEEN EXAMINED
BY ME PRIVILY AND APART FROM HER HUSBAND, AND HAVING THE SAME FULLY EXPLAPNED 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
CONSIDERATION THEREIN EXPRESSED, AND THAT SHE 0I0 NOT WISH TO RETRACT IT.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF A.D.
l9-
NOTARY PUBLIC, _ COUNTY, TEXAS
ode
C O R P U S/'`�E -Z x; V /y': 7 y TEXAS
y 1955
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TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHP.ISTO, TEXAS
a'ENTLEMEND
FOR THE REASONS SET FORTH IIJ T'HE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY ANC, IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR RFQUIREtAFNT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE Ir IS It +.TRODUC:ED' AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINC;S OF THE: CITY CCUNCIL; 19 THEREFORE,
HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE CR REQUIREMENT AND PASS
THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING
CF THE CITY COUNCIL,
RESPECTFULLY,
MAYOR
THE CITY CX= CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL do SMOTH
NJI NBR CULL I /.
W. J. RC'EERTS �T
1
P. E. BIGLE,R
✓
MANUEt_ P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE'
1
F'ARRELL D. SMITH
MINOR CULLi
W. J. ROBERTS
B. L. Bg GLZR
M.ANUEL P. MALDONADO 64 Jv'
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