HomeMy WebLinkAbout04200 ORD - 04/27/1955AC:4/27/55
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 SURVEY NO. 31 PATENTED TO J. R.
WARD, ABSTRACT NO. 1005, SURVEY N0, 02 PATENTED TO JAMES
WARD, ABSTRACT NO. 1031 AND SURVEY NO. 40 PANTO
CHAS. LAND, ABSTRACT NO. 975, 97 FROM LAIRS. MATILDA OCKER
FOR A M WATER LINE; AUTHORIZING PAYMENT FOR RIGHT OF WAY
IN THE AMOUNT OF $1,3 77 . 0, A COPY OF WHICH 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. MATILDA. OCKER FOR A 48" WATER LINE FROM CLARKWOOD 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 CON-
STRUCTION 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 15 HEREBY AUTHORIZED, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT A RIGHT OF WAY AGREEMENT
FROM MRS. MATILDA OCKER ACROSS SURVEY NO. 316 PATENTED TO J. R. WARD, ABSTRACT
N0. 1005, SURVEY NO. 402 PATENTED TO JAMES WARD, ABSTRACT NO. 1031 AND
SURVEY N0. 404 PATENTED TO CHAS. LAND, ABSTRACT No. 975, 976 FOR A 48" WATER
LINE, AND TO PAY THE SUM OF $1,367.60 OUT OF THE $26,878.44 HERETOFORE
APPROPRIATED OUT OF N0. 202 CITY OF CORPUS CHRISTI WATERWORKS SYSTEM CON-
STRUCTION 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 BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE
OR RESOLUTION 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
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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.
I
PASSED AND APPROVED, THIS THE oAY OF )1955
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTES
CITY SECRETARY /
L
APPROVED AS TO LEGAL FORM:
CIT1,ATTORNEY
THE STATE OF TEXAS
COUNTY OF NUECES
FOR AND IN CONSIDERATION of THE sum OF TEN ($10°00) DOLLARS, AND OTHER GOOD
AND VALUABLE CONSIDERATIONS TO THE UNDERSIGNED, CASH IN HAND PAID, THE RECEIPT OF
WHICH IS HEREBY ACKNOWLEDGED AND CONFESSED, THE UNDERSIGNED, HEREINAFTER CALLED
GRANTOR, (WHETHER ONE OR MORE) HEREBY GRANTS TO THE CITY OF CORPUS CHRISTI, TEXAS,
A MUNICIPAL CORPORATION, DULY INCORPORATED BY A SPECIAL ACT OF THE LEGISLATURE OF
THE STATE OF TEXAS, HEREINAFTER CALLED GRANTEE, THE RIGHT-OF-WAY FOR THE SOLE PURPOSES
OF LAYING, CONSTRUCTING, OPERATING, MAINTAINING, REPAIRING, REMOVAL AND RECON-
STRUCTION OF A PIPE LINE FOR THE TRANSPORTATION OF WATER, ON, OVER AND THROUGH THE
FOLLOWING DESCRIBED LAND SITUATED IN THE COUNTY OF NUECES, STATE OF TEXAS, TO -WIT.'
ALL TNOSE CERTAIN TRACTS OR PARCtLS OF LAND SITUATED IN NUECES
COUNTY, TEXAS, AND BEING PARTS OF THE FOLLOWING SURVEVSI
SURVEY ND. 16 PATENTED TO J. R. WARD, ABSTRACT NO. 1005 ,
SURVEY No. PATENTED TO JAMES WARD; ABSTRACT NO. 1031 —•
Su EY ND. 404 PATENTED TO CHAS. LAND! ABSTRACT NO. 9755
971AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
SNARE NO. 2 FIRST TRACT, AS SHOWN BY PARTITION OF THE ESTATE
of J. G. BUCRHOLT, DECEASED.
BEGINNING AT THE N. W. CORNER OF A 972.97 ACRE TRACT AND THE
S. W. CORNER OF THE 48 ACRE TRACT CONVEYED TO ANTON SUCRNOLT BY
THOMAS D. WARD, EXI!CUTOR FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE SOUTH 10 420 E. 1097.5 VARAS TO THE SOUTHWEST CORNER
OF THIS TRACT* AND THE NORTHWEST CORNER OF SHARE NO. 3 OF THIS PAR-
TITION;
THENCEF'NORTH 89' 2' E. 825 VARAS TO THE SOUTHEAST CORNER OF
THIS TRACT AND THE ELL CORNER OF SHARE NO. 3;
THENCE NORTH 1. 42' W. 110$,7 VARAS;
THENCE SOUTH 88° 456 WEST 825 VARAS TO THE PLACE OF BEGINNING,
CONTAINING 160.77 ACRES OF LAND.
SAID RIGHT-CIF-WAY HEREIN GRANTED ACROSS THE ABOVE DESCRIBED LAND IS LOCATED ON AND
ALONG A CENTER LINE EXTENDING ACROSS SAID LAND AS FOLLOWS°
BEISIN INN AT A POINT IN THE WEST BOUNDARY LINE OF THE ABOVE
DESCRIBEO 160.77 ACRE TRACT& SAID POINT SEARS S 11 a 42, E 278.8
FEET PROP THE NORTHEAST CORNER OF A 134.36 ACRE TRACT OUT OF AND A
PART OF THE THOS. GALLAONER 4W ACRE TRACT NOW IN THE NAME OF HANNAH
GALLAQNER SULLtVAN3
TKNCE EAST 2291.T7 FEET TO A POINT IN INC EAST BOUNDARY LINE
OF THE ABOVE DESCRIBED 160.77 ACRE TRACT# wHICH POINT BEARS 5 16 • 42#E,�
1573.6 FEET PROM THE NORTHEAST CORNER OF SAID 160.77 ACRE TRACT.
SUCH RIGHT -OF -WAY HEREBY GRANTED SHALL BE CONSTRUED TO BE A STRIP OF LAND FORTY `(14o,)
FEET IN WIDTH, HAVING SAID CENTER LINE ABOVE SET FORTH AND EXTENDING TWENTY (201) FEET
ON EITHER SIDE OF SAID CENTER LINEy. AND ALSO SHALL INCLUDE THE RIGHT TO USE LAND EXTENDING
AN ADDITIONAL THIRTY-FIVE (35H) 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 635 °l FEET TO BE ON THE SIDE SELECTED BY GRANTEE AND TO BE ON THE SANE 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 LINE ONLY,, AND SHALL NOT INCLUDE ANY
AUXILIARY WORKS, (EXCEPT VALVES, CU7 -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 FART 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 'S'E CONDUCTED AS FAR AS POSSIBLE IN SUCH MANNER AS TO CAUSE THE LEA57
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
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FROM GRANTING TO OTHER GRANTEES, OTHER RIGHTS —OF —WAY, WHICH MAY CROSS THE RIGMT —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 SMALL 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 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 HA-- HERETO SET HAND, THIS
THE DAY OF n A.D. 195 .
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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
BS 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 OP , KNOWN t0 ME TO BE THE
PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND HAVING BEEN EXAMINED
BY ME PRIVILY AND APART FROM HER MUSBAND, 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
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.
19_
NOTARY PUBLIC, COUNTY, TEXAS
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CORPUS .dH RI C S TEXAS
1955
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE 14ECESSITY 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,
x4xz
77
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE-
FARRELL De SMITH
MANOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
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