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Home My WebLink About04201 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 134-36 ACRES OF LAND OUT OF THE THOS. GALLAGHER 400 ACRE SURVEY PATENT NO. 359, VOLUME ABSTRACT NO. 0, FROM MRS. HANNA G. SULLIVAN, FOR A $$ WATER LINE; AUTHORIZING PAYMENT FOR RIGHT OF WAY IN THE AMOUNT OF X77 .15, 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. HANNA G. SULLIVAN FOR A 481, WATER LINE FROM CLARKWOOD TO SAVAGE LANE IN NUECES COUNTY, TEXAS; A1N1D% WHEREAS, BY ORDINANCE NO. 4063, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 19TH DAY OF JANUARY, 19551 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. HANNA G. SULLIVAN ACROSS 134.36 ACRES OF LAND OUT T OF THE THOS. GALLAGHER 400 ACRE SURVEY PATENT NO. 359, VOLUME 37, ABSTRACT N0. 988, FOR.A 48^ WATER LINE, AND TO PAY THE SUM OF $774.15 OUT OF THE $26,878.44 HERETOFORE APPROPRIATED OUT OF N0. 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 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 fHE 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 IT S PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE 7 AY of APRIL, 1955. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATT CITY SECRETARY ,f Ap.,(?ROVED AS LEGAL FORM: � ITY ATTORNEY 1; 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 BS !/HEREBY ACKNOWLEDGED AND CONr ESSED' THE UNDERSIGNED, HEREINAFTER CALLED ( GRANTOR, WHETHER ONE OR MORE) HEREBY GRANTS To THE MY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION' DULY INCORPORA`EO BY A SPECIAL ACT Or THE LEGISLATURE OF THE S °.ATE OF TEXAS, HEREINAFTER CALLED GRANTEE, THE RIGHT -OF -WAY roR THE SOLE PURPOSES OF LAYING, CONSTRUCTING' OPERATING, MAINTA]NING, REPAIRING, REM.".VAL AND RECON- STRUCTION OF A PIPE LINE FOR THE TRANSPORTATION OF WATER, ONE OVER AND THROUGH THE FOLLOWING DESCRIBED LAND SITUATED IN THE COUNTY OF NUECES, STATE or TEXAS, TO -WIT! All that certain tract or parcel of land# lying and being situated In Nueees County, Tom, and bounded and described as follows# to-wit: One m mdred. Thirty Four and 36/100 (134.36) acres of land being out of and a part Of the Thos. Gallagher 400 acre Survey Patent No. 359, Volume 37, Abstract No. 988, known as the West Five Eighths of Section No. 402# Beaty, Seale and Fbrwood Certificate No. 1739, and a part of the Thos. Gallagher 240 acre Survey Patent No. 3591 Volume 37, Abstract No. 988 known as the West five eighths of Section No. 4012, Beaty# Seale and Forwood., Certificate No. 1739 and a part of the Thos. Gallagher 240 acres survey, Patent No. 307, Volume 33, Abstract No. 1031, known as the Fast three eighths of said Section No. 402, Beaty, Seale and Forwood, Certificate No. 1739 and more particularly described in two tracts as follows, to -w1t: rMST TRACT: $eG1ruj:ng at a point in the south line of Section No. 402, which 1s also the southeast corner ,f 400 acres patented to Thomas Gallagher by Patent No. 359, Volume 37, by virtue of Certificate No. 1739 made by Beaty, Seale and Pbrwood; Thence West along the south line of said Section No. 442, 339.4 varaa to its most southerly southwest corner and intersecting the Eastern boundary of the J. H. Smith Survey for the Southwest corner of this tract, to center of road. Thence North with the Eastern boundary line of said Smith survey, and the center of the road, 636 varas to Northeast corner of said Smith Survey at 895.2 vanes a corner in center of road. Thence North 7e 34' West with the center of said road, 56.4 varas a corner of this tract; Thence North 00 8' West with the center of said road 901 varas to Southwest corner of a 40 acre tract conveyed to 0. C. Summers, on August 12, 1909. Thence East with the South line of said Summers 40 acre tract, 394.71 varas to a point in the West boundary line of the Fast three eighths of Section No. 402; Thence South with said Western boundary line 1744.2 varas to the place of Beginning; SECop TRACT: Beginning at a point in the south line of said Section No. 402, which is also the Southwest corner of the Thos. Gallagher 240 acre survey; Thence North 1744.2 varas intersecting the Bmrth line of the 0. C. Summers 40 acre tract; Thence Fast 72.29 varas with said south line to the southeast corner of said Summers tract for Northeast corner of this tract; Thence South 00 20' East with the West line of the Jas. W. Ward, 211.1 acre tract 1744.2 varas to the south line of said Section No. 402, 532 varas from its southeast corner for the southeast Corner of this tract; Thence West with said South line 78.59 varas to place of Beginning; -1. 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 pint In the vest boundary Wo of the above.daeerlbed nrat Tract said point bears S d° . 08' B, 2'x.8 feet ft m the nes�Eb"t corner of add nrat i;;;tt Thence Seat parallel to and rM.8 feet awth of the aorta boundary* line of aleiid Pirat Tract and the above«describad Second Tract a dixtemee of W.21 feet to a polar In the east boundary line of the said Second Tract. SUCH RIGHT -OF -WAY HEREBY GRANTED SHALL BE CONSTRUED TO BR 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 (351 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 -or -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, 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 LONE 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 AMD 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—WAYS 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 40 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, LANDSS STOCK, FENCES, EQUIPMENT OF ANY SORTS BUILDINGS AND ANY DAMAGE'S 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 PERSONSS ONE TO BE DESIGNATED AND APPOINTED IN WRITING BY GRANTOR, HIS HEIRS, SUCCESSORS OR ASSIGNS, ONE TO BE DESIGNATED AND APPOINTED IN WRITING BY GRAMYEES AND YHE 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 EASEMENTS 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 o A.D. .195 . °3m .. s 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 6S SUBSCRIBED TO THE FOREG06MG 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 CONSIDERATION THEREIN EXPRESSED, AND THAT SHE DID NOT WISH TO RETRACT IT. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY 19 ®0 NOTARY PUBLIC, COUNTY, TEXAS eke CORPUS CH STI 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 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; 13 THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE CR REQUIREMENT AND PASS THIS ORDINANCE. FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR / THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL Do SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE. FARRELL D. SMITH 011 MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO I -2- o I