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`'
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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
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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.
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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
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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
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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
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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
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