HomeMy WebLinkAbout04199 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 214.5 ACRES OF LAND IN FARM BLOCK:
22 OF THE J. C. RUSSELL FARM BLOCKS FROM C. J. HOELSCHER
FOR A WATER LINE; AUTHORIZING PAYMENT FOR RIGHT OF
WAY IN THE AMOUNT OF X1,051.70, A COPY OF WHICH AGREEMENT
IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING
AN EMERGENCY.
WHEREAS, IT IS NFCESSA'rRY AT THIS TIME TO 'ACCEPT A RIGHT OF WAY
AGREEMENT FROM C. J. HOELSCHER FOR A -IU° WATER LINE FROM LLARKWOOD TO SAVAGE
LANE IN NUECES COUNTY, TEXAS; AND
WHEREAS, BY ORDINANCE No. 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 C. J. HOELSCHER ACROSS 214.5 ACRES OF LAND IN FARM CLOCK 22 OF THE J. C.
RUSSELL FARM CLOCKS FOR A 48" WATER LINE, AND TO PAY THE SUM OF 1,051.70 OUT
OF THE 0-26,878.44 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 15 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 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 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.
419q
PASSEJ AND APPROVE:), THIS THE 1 /7 AY of I> 1957• /
P9A
THE CITY OF CORPUS CHRIST[, TEXAS
71s"A
CITY SECP TAMP
APPROVED A5 0 LEGALI FORIM:
n i
CITY ATTDm, N EY Z
THE STATE OF TEXAS
COUNTY OF NUECES
FOR AND IN CONSIDERATION OF THE SUM OF TEN ($70.00) DOLLARS, AND OTHER GOOD
AND VALUABLE CONSIDERATIONS TO THE UNDERSIGNEO, CASH IN HAND PA10, 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, OPERATONG, MAINTAININ62 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 of Farm Block 22 of the J. C. Russell Farm Blocks, except the
south 100 acres thereof, containing 214.5 acres of land as Bhown by
map of said subdivision recorded in Volume 3, 1340 53, of the
Nueces County Map Recordsl And Ding the same lanai conveyed by
H. B. Baldwin to Chas. J. Hoelscher by deed dated September 4, 1924,
recorded in Volume 14848, page 582, of this Nueces County Deed Records;
Except the portion thereof conveyed to Southwestern Bell Telephone
Company by deed dated October 30, 1952, recorded in Volume 571,
Page 393, of the Nueces County Deed Records.
Im
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 Block No.22 of
the J. C. Russell Farm Blocks, said point bears S lo- 42' E, 2770
feet from the centerline of the Texas Mexican Railroad right -of -way
north of State Righway go. 44.
Thence A. 880 - 14' E parallel to State Highway Mo. 44 and the Texas
Mexican Railroad right- of -vay a distance of 1762.6 feet to a point in
the east boundary line of said Block No. 22, J. C. Russell Farm Blocks.
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 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 conditions:
FIRST: All pipe laid under this grant shall be laid upon the Right -of -Way
described herein, and sball be buried to such depth as not to interfere with the
ordinary cultivation of such land.
SBCOAD: 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
traffic 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.
F32 : 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
HEREON GRANTED, PROVIDED SUCH OTHER RIGHTS-OF-WAY SMALL NOT INTERFERE WITH THE PIPE
LONE 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 DAMAQrS RESULTING FROM
INTERFERENCE WITH FARMING OR RANCHING OPERATIONS, OR FROM LEAKAGE OR WASTAGE FROM
SUCH PIPE LONE. 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 MEIRS, 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 IN WRITING BY SUCH THREE
PERSONS, OR ANY TWO OR THEM, SHALL BE FONAL 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 ROGHY °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 n A.D. 195
m�e
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS 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 FOR THE PURPOSES AND CONSIDERATION THEREIN 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 kS SVBSCR15ED 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 , ACKNOWLEDGED SUCH INSTRUMENT TO BE HER ACT
AND DEED, AND DECLARED THAT SHE HAD WILLINGLY SIGNED THE SAME FOR THE PURPOSES AND
CONSDDERATION 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,
19-.
NOTARY PUBLIC, COUNTY, TExA$
�40
THE CAME OF TBO:At3
BUM NE, the uodersigeed authority, on thin day person&W appeared
■ known to me to be the person whose name
Is subscribed to the foregoing inetruwaCi and acknowledged to me that
executed the name for the purposes and consideration therein expressed.
GIVEN Ulll;MR MY BAND AND LEAL OF OFFICE this the day of .
A. D. 195 .
THE RATE OF TEM
COUIM OF
BEFORE ME, the undersigned authority, on this day yerson&W appeared
. known to me to be the person xhose new
to subscribed to the foregoing instrument, and ackowledged to me that
execute the same for the purposes and consideration therein expressed.
GIVEN UNDER MY BAND AND SEAL OF OFFICE this the day of
A. D. 195
THE arm OF TEKAB
BEFOM ME, the inderaigned authority, on this day personally appeared
known to me to be the person whose now
In subscribed to the foregoing Instrument, and acknowledged to me that
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER Mr HAND AJW BFAL OF OFFICE this the day of
A. D., 19r,-.
WEV; MUM
y,
-5-
THE am of xULAS
(IF
BOOM Me, the undersigned authority, on this day personally
appeared... ,known to me to be the person
whoae name is subscribed to the foregoing Instrument, and acknowledged to
me that executed the same for the purposes, and consideration therein
expressed.
G1VJM UMM )ff BAND AND BEAT, OF OFF ICS, this the
day of , 195 A. D.
CORPUS itilS I, TEXAS
y 1955
TO THE MEMnERS OF THE CITY COUNCIL
C.Ok PUS CHRISTI' TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENICY CLAU5E OF THE FOREGOING
ORDINANCE, 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 CR. REQUIREMENT AND PASS
THIS ORDINA @ICE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING
OF THE CITY COUNCIL.,
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
TwE CHAF27ER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
f'
FAF?RELL D. SMITH
MINOR CULLI
W. J. ROBERT5
B. E. KEGLER
M,ANUEL P. MALDONADO /
'HE ABLIVE ORDINANCE WAS PASSEL* BY THE FOLLOWING v,)TEe
I`A.RRELL D. SMITH
MINOR CULLI
W. J. ROBk:R7S
M E.
P. [ MA
ANWFL Po NILDON ADO J
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