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
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