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HomeMy WebLinkAbout04197 ORD - 04/27/1955AC :11/26155 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACCEPT A RIGHT OF '.JAY AGREEMENT ACROSS 219.17 ACRES OUT OF SURVEY NO. ,1 G. C. AND S. F. RAILWAY COMPANY PATENT NO. IiC, RIGHT OF WAY IN THE AMOUNT OF �1, 31.95, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. NER,,'AS, IT IS HECESSARY AT THIS TIME TO ACCEPT A RIGHT OF WAY AGREEMENT FROM TONIC OCKER, ROBERT OCKER AND WIFE ERNESTINE OCKEP, W. C. OCKEN AND WIFE NELL OCKER, ;. J. TILL AND WIFE LOUISE TILL, LOUIE C•,RTEn AND WIFE KATIE CARTER, NTON OCKER, AND PAUL OCKER AND WIFE BELL OCKER, FOR A 48" WATEP. LINE FROM CLARKWOOD TO SAVAGE LANE IN NUECES COUNTY, TEXAD; AND WHEREAS, jY ORDINANCE NO. 406,31 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 19TH DAY OF JANUARY, 195;, THERE WAS APPROPRIATED THE SUM OF $26,(70.44 OUT OF ND. 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 HUECES COUNTY, TEXAS: N041, 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, TO ACCEPT A RIGHT OF WAY AGREEMENT FROM TONIE OCISER, ROBERT OCKER AND WIFE E,!NESTINE OCKER, 14. C. OCKER AND WIFE NELL OCKER, A. J. TILL AND LOUISE TILL, LOUIE CARTER AND WIFE KATIE CARTER, ANTON OCKER, AND PAUL OCKER AND WIFE BELL OCKER ACROSS 219.17 ACRES OUT OF SURVEY ND. 316 G. C. AND S. F. RAILWAY COMPANY PATENT NO. 138, VOLUME 31, CERTIFICATE N0. 3709, FOR A 48" WATER LINE, AND TO PAY THE SUM OF $1,431.95 OUT OF THE $26,878.44 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 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 DE PASSED FINALLY OM 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 ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE DAY OF APRIL, 1955. WYOI- THE CITY OF CORPUS CHRISTI, TEXAS ATTE`' ce� XI j \Cy CITY SEC RE, A -RY(' r�1 APPROVED AS LEGAL LEGAL FORA: G ITY ATTORNEY 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 r 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, CON57RUCT9NG, OPERATING, MAINTAINING, REPAIRING, REMOVAL AND RECON- STRUCTION OF A PIPE LINE FOR THE TRANSPORTAT60N OF WATER, ON, OVER AND THROUGH THE FOLLOWING DESCROBED LAND SITUATED IN THE COUNTY OF NUECES, STATE OF TEXAS, TO -WIT' All that certain tract or pareel of land situated in Nueces County, Texas. being 219.17 acres situated in Nueces County, being out of survey No. 316 G. C. and S. F. Hallway Company Patent No. 130, volume 31, Certificate No. 3709; Patented to J. H. Nord and Survey No. 402 B. S. and F. Certificate No. 1739 described as follows; Beginning in west line of the Henry bachery 150 acres of Southeast corner of Share 1 of Parcel of lands in Cause No. 891 in District Court of Falls County. Texas. Styled Theresa Buckholt et al= Ys Vertha Duckholt, et al for Northeast corner of this tract; Thence S 890- 2' N 864 varas to Southwest corner of Share 1 in Bast line of larger tract of Share No. 2 for Northwest corner of this Tract; Thence S lo- 42' E 543.4 varas to an Ell corner of this tract; and Southeast corner Of the larger tract of Share 2 of said partition; Thence S 890 -2' N 825 varas to Southwest corner of said larger tract of Share 2 of said partition in the west line of 972.97 acre tract for outside Northwest corner of this tract; Thence S 10- 42' E 602 varas with the west line of 972.97 acre tract to outside Northwest corner of Share No. 4 of said partition; Thence N 890- 2' E with north line of Share No. 4 704.3 varas to Ell corner of Share No. 4; and the inside Southeast corner of this tract; Thence N 10- 42' N 254.4 varas to the Ell corner of this tract and inside Northwest corner of Share No. 4; Thence N 690- 2' E 988 varas to Southeast corner of this tract; and the Northeast o;o eorner'of Share 4. in west line of Henry Kasherg 150 acre tract; Thence N 10- 55' 11 691 wares to place of beginning. -la- 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 the above described tract, being also the most easterly boundary line of the Matilda Ocker Tract, Volume 216 page 419 Nueces County Deed Records, said point bears S 10- 42' E. 20 feet from the Northwest corner of the above described Carter. Ocker. Till Tract; Thence N 1390- 02' E parallel to and 20 feet south of the north boundary line of the above described Carter. Ocker, Till Tract. a distance of 2400 feet to a point in the east boundary line of the said Carter. Ocker, Till Tract. 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 FORTS AND EXTENDING TWENTY (201) FEET ON EITHER SIDE OF SAID CENTER LINE, AND ALSO SHALL INCLUDE THE RIGHT TO USE LAND EXTENDING AN ADDITIONAL THIRTY -FIVE (35 °) FEET ON ONE SIDE OF SAID FORTY FOOT RIGHT -OF -WAY, MAKING A TOTAL OF SEVENTY FIVE (759 FEET DURING THE PERIOD OF CONSTRUCTION, THE SAID ADDITIONAL THIRTY FIVE (35') 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 IS MADE UPON AND SUBJECT TO THE FOLLOWING CONDITIONS' FIRST, 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. 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 LINE SHALL BE MAINTAINED 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 AFORESAID, BUT TAFFFIC 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 INCONVENIENCE TO THE LANDOWNERS AND TENANTS. FIFTH, GRANTOR, HIS HEIRS, SUCCESSORS OR ASSIGNS, 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 &'Z 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 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 SO APPOINTED AS AFORESAID; AND THE AWARD ON WRITING BY SUCH THREE PERSONS, OR ANY TWO 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 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 ST @PULAT90NS, AND FOR THE PERIOD ABOVE MENTIONED. IN TESTIMONY WHEREOF, THE GRANTOR HA® HERETO SET HAND —, THIS THE DAY OF n A.D, 195 aim THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME. the undersigned authority, on this day personally appeared Tonie Ocker, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to as that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAT. OF OFFICE this the day of . A.D. 195 Notary Public, Nu as County, Texas THE STATE: OF TEXAS COUNTY OF NOECES BEFORE ME. the undersigned authority, on this day personally appeared Robert Ocker, known to me to be the person whose name is subscribed to the foregoing Instrument, and acknowledged to me that he 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. Nuec•s County, Texas THE STATE OF TEXAS COUNTY OF NUEvES BEFORE ME. the undersigned authority, an this day personally appeared Ernestine Ocker. wife of Robert Ocker. known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by we privily and apart from her husband, and having the same fully explained to her, she, the said Ernestine Ocker, acknowledged such instrument to be her act and dead, and declared that she had willingly 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. 195 Notary Public, Nueces County, Texas - 4 - THE STATE OF TEAS COUNTY OF NUHCES BEFORE ME, the undersigned authority, on this day personally appeared W. C. Ocker. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and eonsideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of ,_t A.D. 195 _ Notary Public, Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority. on this day personally appeared Nell Ocker, wife of W. C. Ocker. known to we to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband. and having the some fully explained to her, she, the said Nell Ocker, 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 did not wish to retract it. 195 GIVEN UNDER MY HAND AND SEAL OF OFFICE this the "_ day of � _. A.D. Notary Public, Nusces County. Taxes - 5 - THE $FATE OF TEXAS COUNTY OF NOECES BEFORE ME, the undersigned authority, on this day personally appeared A. J. Till, known to me to be the person whose name is subscribed to the foregoing Instrument, and acknowledged to me that he 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, Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUSCES BEFORE YE, the undersigned authority, on this day personally appeared Louise Till. wife of A. J. Till, known to we to be the person whose name is 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 Louise Till, 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 did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the . day of _.A.D. 195 . Notary Public, Nueces County, Texas - 6 - THE SPATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Louie Carter, known to me to be the person whose name is subscribed to the foregoing Instrument. and acknowledged to ae that he executed the sere for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL. OF OFFICE this the day of ,___, A.O. l95 . Notary Public, Nuoces County, Texas THE STATE OF TEXAS COUNTY OF NUSCES BEFORE ME, the undersigned authority. on this day personally appeared Katie Carter, wife of Louie Carter, known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by as privily and apart from her husband, and having the same fully explained to her, she. the said Katie Carter. acknowledged such instrument to be her act and deed, and declared that she had willingly signed the some for the purposes and consideration therein expressed, and that she did not wish to retract, it. 195 , GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of �, A.D. Notary Public. Nueces County, Texas - 7 - TM STATE OF MW COMITY of NUXCEB BOWS IM, the undersigned authority, on this dey personally appeared Anton Ocker, known to me to be the person whose name is subscribed to the foregoing instrument, end acknowledged to me that he executed the same for the purposes and consideration therein expressed. dIM UK= MY HAID AID SEAL OF OFFICE this the dey of A. B. 195 WRiFy PUMIC., SAX0005 NZEEy, TeXAS THE SPATE OF TEXAS COMITY Cr NVEM BEFORE ME, the undersigned authority, on this day personally appeared Pawl Ooker, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN LRIM MY HUD AID SEAL OF OFFICE this the day of , A. D. l95 Notaii PGAW, Woes County, s THE STATE OF TEXAS COUNTY OF NUECES WFORE NE, the undersigned authority, on this day personally appeared Bell Oeker, wife of Paul Oeker, known to me to be the person whose name is subscribed to the foregoing instrument, and Laving been examined by me privily and apart from her husband, and having the some fully explained to hers she, the said Bell Ocker, acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for tkw purposes and consideration therein expressed, and that she did not viab to retract it. 4IVO UIM W BAND AND SEAT, OF OFFICE this the day of . A.D. 195 . -8- -P-Mic, flueoes y, CORP!fS -3rii ST I, TEXAS ,1955 r TO THE MEMBERS OF 'i HE C 1 Tf COUNIC d L CORPUS CHRISTI, TEXAS GENTLEMEN-. FOR THE REASONS SET FORTE: IN THE. EtAERGE;NCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR RFQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE FASSED FINALLY ON THE GATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE M'= ETINl15 OF THE CITY COUNCIL," I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULF OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RES PEC TPULL Y, MAYOR THE CITY OF CORPUS CHRISTB, TEXAS CHAR[ER RULE WAS SUSPENDED BY THE FOLLOWING VOTE, f ARRELL )J SMITH MINOR CULLI W. J. ROBERT5 B, E. BIGLE.R IAANUEi- F. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING °✓OT[ :. FARRELL Da SMITH MINOR CUL!f W. J. ROBERTS Be E. BIGLER MANUEL P. MALDONA.DO 419-1 NOR W