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HomeMy WebLinkAbout04198 ORD - 04/27/1955AC:4/26/55 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 ACROSS THE CENTER 104.961, ACRES OUT OF A CERTAIN 314.5 ACRE TRACT OUT OF SECTION b RANGE VI OF THE SECTIONAL LANDS OF H. L. KINNEY FROM MRS. VERA MCKINNEY FOR A WATER LINE; AUTHORIZING PAYMENT FOR RIGHT OF UAY IN THE AMOUNT OF w1704b.145, A COPYOFWHICH 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 MRS. VERA MCKINNEY FOR A 48" WATER LINE FROM CLARKWOOD TO SAVAGE LANE IN NUECES COUNTY, TEXAS; AND WHEREAS, BY ORDINANCE N0. 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: NOW, 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 MRS. VERA MCKINNEY ACROSS THE CENTER 104.565 ACRES OUT OF A CERTAIN 314.5 ACRE TRACT OF LAND OUT OF SECTION 6 RANGE VI OF THE SECTIONAL LANDS OF H. L. KINNEY FOR A 48" WATER LINE, AND TO PAY THE SUM OF $1,048.45 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 CREATE5 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 DE 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. l PASSED AND APPROVED, This THE 1117 of ! , 1955• MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ITV SEC RCT4RY AS T& LEGAL FORM: 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 PAIO, 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 piece or parcel of land were particularly described as the center 104.6613 acres of land out of a certain 314.6 acre treat of land situated in Nueess County. Texas, and more particularly described as follows: All that certain tract. plea& or parcel of land being the center 104.565 saxes out of a certain 314.5 acre tract out of Section 6 Range VI of the Sectional Lands of di. L. Kiaasy ;'said 314.8 acres being the sane land described in Deed from nary C. Russell to the Grantor, L. G. Talbert. dated September 1, 1913, and recorded in Volume 105, page 413. Deed Records of Nueces County. Texas. The Leads hereby conveyed dieing a tract similar to the Northern 104.565 acres this day conveyed to (Miles 0. Talbert being the 104.r,,bf, acre next South of the North 104.865 acres of said 3144 acre tract of land described in said dead recorded is Volume 105. page 314, Deed Records Of Nuaces County. Texas, less a certain right- of-way easement described in an instrument dated September 24. 1940. recorded in Volume 265 page 18. Deed Records of Nueces County, Texas, This center 104.565 acres being between parallel lines parallel to the northern line of said :314.6 acre tract of lead. and this tract being South of and immediately adjacent to the said northern 104.565 acre tract of land. and this tract being South of sad Immediately adjacent to the said Northern 104.665 acres this day conveyed to Rilam 0. Talbert by similar conveyance. SAID RIGHT—OF—WAY HEREIN GRANTED ACROSS THE ABOVE DESCRIBED LAND 15 LOCATED ON AND ALONG A CENTER LINE EXTENDING ACROSS SAID LAND A5 FOLLOWS= gaginaing at a point in the Nest boundary line of the above described center 104.565 acre tract, said point bears 5 lo— 42' E. 2D feet from the agreed boundary line bets the north l()4.5W aura tract and the cater 104.565 acre tract as recorded in Volume 623 page 404 of the deed records of Nueaes County, Texas: Uwe N UP— 11' E parallel to sad 2D feet south of the said agreed boundary line, a distance of 1751.4 foot to a point in the east boundary line of the above described center 104.565 acre tract. SUCH RIGHT —OF -WAY HEREBY GRANTED SHALL BE CONSTRUED TO BR A STRIP OF LAND FORTY (4o,) 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 EXTENDING AN ADDITIONAL THIRTY —FIVE (35') 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 (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 CONOITIONSo 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 LINE 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 -2- 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 4HE THIRD TO 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, 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 STIPULATIONS, AND FOR THE PERIOD ABOVE MENTIONED. IN TESTIMONY WHEREOF, THE GRANTOR HAS HERETO SET HAND -y THIS THE DAY OF g A.D. 195 ®, ��m THE STATE OF TEXAS COUNTY OF NUECES BEFORE NEA THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED RENA TALBERT, AGENT AND ATTORNEY-#M-FACT FOR L. G. TALBERT, AS SHOWN BY THE POWER OF ATTORNEY DULY AND LEGALLY RECORSED IN VOLUME N, PAGES 347.348 OF THE POWER OF ATTORNEY RECORDS OF NUECES COUNTY, TEXAS, KNOWN TO ME TO BE THE PERSOW-AJHOSE NAME 19 SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO HE THAT SHE EXECUTED THE SAME IN SUCH CAPACITY AND FOR THE PURPOSE AND CON- SIDERATION THEREIN EXPRESSED. GIVEN UNDER W WAN, AND SEAL OF OFFICE, THIS THE DAY OF . 1955• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED RENA TALBERT, WIFE OF L. G. TALBERT, KNOWN TO HE TO BE THE PERSON WHOSE NAME 13 SUBSCRIBED TO THE FOREGOING INSTRUNENT,AND HAVING BEEN EXAMINED BY HE PRIVILY AND APART FROM HER HUSBAND, AND HAYING THE SAME FULLY EXPLAINED TO HER, SHE, THE SAID RENA TALBERT, ACKNOWLEDGED SICH 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 W HAND AND SEAL OF OFFICE, TH13 THE DAY OF , 1955 NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS } COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED MRS. VERA TRACY MkKINNEY, A WIDOW, KNOWN TO ME TO BE THE PERSON WHOSE NAME I3 SUBSCRIBED TO THE FOkEGOiNG INSTRUMENT, AND ACKNOWLEDGED TO ME TWAT SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY of 1955- W NOTARY PUBLIC IN AND FOR N ECES COUNTY, TEXAS CORPUS yFl}:I ST" y TEXAS 7 1955 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN- FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDfNANCEy 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 C!T! OF CORPUS CHRIST', TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE, FARRELL Do SMITH MINOR CULLI W. J. RC'EERT5 B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE' FARRELL D. SMITH MINOR CULLS W. J. ROBERTS B. E. BIGLEER MANUEL P. MALDONADO $q� _A i V✓