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Home My WebLink About04964 ORD - 01/29/1958I tis: MEM:1j 29% 58 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER. TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, AN AGREEMENT WITH MAGNOLIA PETROLEU14 COMPANY AND MAGNOLIA PIPE. LINE COMPANY FOR THE RELOCATION OF THE P1PE LINES OF SAID COMPANIES FOR THE PURPOSE OF CLEARING THE LANDS IN THE NEW MUNICIPAL AIRPORT SITE FROPI THE POTENTIAL HAZARDS OF PETROLEUM PRODUCTS PIPE LINES, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $62.084.00 FROM NO. 245 AIRPORT BOND FUND; AND DECLARING AN EPL2GENCY• RHEREAS, IT IS IIECESSARY AS A PART OF THE ACQUISITION OF THE LANDS TO BE USED AS A SITE FOR THE NEW MUNICIPAL AIRPORT TO ACQUIRE THE RIGHTS OF NIAGNOLIA PETROLEUM COMPANY AND MAGNOLIA PIPE LINE COMPANY, NOW EXISTING IN SAID LANDS FOR THE OPERATION AND MAINTENANCE OF PETROLEUM PRO- DUCTS PIPE LINES; AND WHEREAS, AN AGREEMENT HAS BEEN REACHED WITH THE SAID COMPANIES IN COMPLIANCE AND SETTLEMENT IN LIEU OF CONDEMNATION FCR THE RIGHTS AND INTERESTS OF THE SAID COMPANIES, AND FOR THE REMOVAL AND RELOCATION OF THE EXISTING PIPE LINES NOW OWNED AND OPERATED BY SAID COMPANIES; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED /,ND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH MAGNOLIA PETROLEUM AND MAGNOLIA PIPE LINE COMPANY FOR THE RELOCATION OF THE PIPE LINES OF SAID COMPANIES FOR THE PURPOSE OF CLEARING THE LANDS IN THE NEW MUNICIPAL AIRPORT SITE FROM THE POTENTIAL HAZARDS OF PETROLEUM PRODUCTS PIPE LINES, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THERE IS HEREBY APPROPRIATED OUT OF N0. 24.5 AIRPORT BOND FUND THE SUM OF SIXTY -TWO THOUSAND, EIGHTY -FOUR AND NC /100 ($62,064.00) DOLLARS, TO COVER EXPENSES OF THE REMOVAL OF THE PIPE LINES MENTIONED IN SECTION 1, HEREOF. SECTION 3. THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO CARRY OUT THE ACTS TO BE DONE ON BEHALF OF THE CITY IN PERFORMANCE OF SAID CONTRACT, INCLUDING THE EXECUTION OF SUCH INSTRUMENT AS WILL FULLY PERFORM THE 9 9 c" � OBLIGATIONS OF THE CITY UNDER SAID CONTRACT. SECTION 4. THE NECESSITY FOR THE IMMEDIATE ACQUISITION OF THE RIGHTS OF THE PIPE LINE COMPANIES IN THE LANDS HERETOFORE ACQUIRED BY THE CITY FOR A SITE FOR THE NEW MUNICIPAL AIRPORT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN51ON OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RE- SOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE. IT IS ACCGRDINGLY SO ORDAINED. PASSED AND APPROVED THIS THE /\ OF JANUARY, 1958. `---- 1�12�_ yet ".t -, <- �� ly, •f MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECIRETXRY i.' APPROVED AS TO LEGAL FORM THISALLDAY U JANUARY,` 1958: CITY AAATT RNEY II . l il+ A i1 RT ,-UAV V AIO IM I.AWW W6m AM TM I`. 36 e�w:'�SAOV 0. 00 *4F fih ♦a a� i�mM1IVi1 - '� iW t £' 'i' r0ft 4. K, CA#* r. I* oftwa 96, PAS% *r$ or VW ttt t iv ° x:* A iA*4*V a 9"comf am L"" Nt"u A# Tip. AAM$ ftft't 't* 'AMM 44 $:s lutt r9kw rpLI "# iiutt9i yi[f As, 'Au" VW GMW 968000f t"+71tAli. A. SWM*o Twl Wooft#* tiktft 1„ NC iOwwf #A w"aw ! 414 "tuft a iox THE 4'"to ZOO OT to "00"* TA4K.r I* twit J. C. L frh4o Tkpli s #tb1Pi6.t VMS q,AW *#"fain f owlli ft" 14"040 to Tlit wit I A. p4 pa 0 M9k COO*W 44 jWCOOKO AfOfT- `» r t"Oft", .r "r ?I II fit PNt kr? -PlE?t IS OCT :a 1w J. .. ikL *Ails A "*, atolm TM 4 w° - WWr staml.s C044. J. Wt•L#4WtM ♦* IMNt **AWAIA Ps" L6OA C"040Y off "cam A# VOL4W silt PA" typ fib CiNi " ,x9a iX «. 1' T it TUC 4. „',.. ftSW" gAiMA OL""g Us%* T>ft tAWX 1AU- MOT rom . 4. 1i ftoco 11 To ' OK IfRrMWl�ft1• q+ i.f*9 CLOW%Nf *S g tt6 is vown post 414. *act's cwwvv iMts ftc . W. t 4A$6. #ArFog rig TI =:t� lr T tot ruvf* or sus 4VAiM &i a5f4» Vii' –WAV S A$ fib 010"Ootwot (k) T w ', �e" « ,Ioic , I. #lw -f"* i "{tom 0",40,446 V*04 18 iiA? O' *v 1biA3 a .A w*cmw WIT* 'FAIR co#v" c;iolot %'ATi* "Tariftft y rloclw i **".I, iEx a4Lkft"N ro ♦iii iit"Ase up%* tat, t .N � _ of OCOV006mCe W TW ~Yogos v Va.`WW*Y gPM t" aAdL4 cif i ft COMPLIANCE WITH THIS CONTRACT AND HEREINAFTER SET OUT IN PARAGRAPH 3, THE SAID AMOUNT BEING FOR, AND BUYER AND SELLERS HEREBY AGREE IT COVERS, ALL EXPENSES OF THE REMOVAL OF THE THREE PIPE LINES PRESENTLY EXISTING AND BEING OPERATED ON THE LANDS UNDER SAID EASEMENTS, OWNED BY SELLERS ON THE SAID TRACTS IN THE J. C. RUSSELL FARM BLOCKS, NUECES COUNTY, TEXAS, AND ALL EXPENSES OF INSTALLATION OF AN 81, CRUDE PIPE' -LINE AND A 6" PRODUCTS PIPE LINE BY THE SELLERS LOCATED WITHIN AND ON THE EASEMENT HEREINAFTER TO BE CONVEYED TO THE SELLERS BY BUYER, INCLUDING THE EXPENSES OF SUPER- VISIONS LABOR, AND /OR OTHER SERVICES OF THE LABOR FARCE OF THE SELLERS THAT ALIGHT BE PERFORMED IN COMPLIANCE OF THESE CONDITIONS, AND THE SELLERS AGREE THAT THEY SHALL UPON DELIVERY OF THE SAID SUM AND EXECUTED EASEMENT HAVE NO CLAIM AGAINST BUYER FOR ANY EXPENSE OR DAMAGE, INCLUDING PROPERTY DAM- AGE OR PERSONAL INJURY TO THIRD PARTIES, RESULTING FROM SAID REMOVAL AND/OR INSTALLATION. SELLERS AGREE BETWEEN THEMSELVES THAT THE SAID SUM WILL BE DIVIDED AND ALLOCATED AMONG SELLERS IN THE PROPER PORTIONS FOR THE PUR- POSES INTENDED AND THAT BUYER I$ RELIEVED OF THAT RESPONSIBILITY. (B) BUYER AGREES TO PLACE IN ESCROW, TO BE DELIVERED TO EITHER OF THE SELLERS UPON COMPLETION BY SELLERS OF THE CONDITIONS INCUMBENT ON SELLERS IN PARAGRAPH 3 HEREOF, AN EXECUTED EASEMENT PROPERLY AUTHORIZED BY ORDINANCE OF THE CITY OF CORPUS CHRISTI IDENTICAL WITH THE FOLLOWING, TO -WITS THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS. COUNTY OF NUECES ) THAT FOR AND IN CONSIDERATION OF TEN DOLLARS AND OTHER CONSIDERATIONS IN HAND PAID, THE RECEIPT OF W141CH IS HEREBY ACKNOWL- EDGED, THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED GRANTOR, NEREBY GRANTS AND CONVEYS TO MAGNOLIA PIPE LINE COMPANY AND MAGNOLIA PETROLELIM COMPANY, CORPORATIONS ORGANIZED UNDER THE LAWS OF THE STATE OF TEXAS, WITH THEIR PRINCIPAL OFFICES AT DALLAS, TEXAS, THEIR SUCCESSORS AND ASSIGNS, HEREINAFTER CALLED GRANTEE, THE RIGHTS OF WAY, EASEMENTS AND PRIVILEGES TO LAY, REPAIR, MAINTAIN, OPERATE, REPLACE AND REMOVE THREE PIPE LINES FIS:. THE TRANSPORTATION OF OIL AND GAS, AND THE PRODUCTS THEREOF, WATER, OR ANY OTHER FLUID OR SUBSTANCE, TOGETHER WITH SUCH DRIPS, VALVES, - 2 - OR CONVENIENT TO THE OPERATION Of SAID LINES} OVER: ACROSS AND THROUGH THE FOLLOWING DESCRISED PROPERTY: BEING A PART OF THOSE LANDS CONVEYED TO THE CITY Of CORPUS CNRISTI an RAND WMAN: F. 8. SECNRIST AND C. J. HOELSCNER BY THEIR SEPARATE DEEDS DULY RECORDED 10 THE DEED RECOR *S OF NUECES COUNTY: TEXAS: AND MORE PARTICU- LARLY DESCRIBED BY METES AHO BOUNDS AS FOLLOWS BEGINNING AT A POINT IN THE WEST LINE Of THE RAND MORGAN TRACT OF LAND CONVEYED TO THE CITY OF CORPUS CHRISTI FOR AIRPORT PURPOSES BY DEED RECORDED IN THEE..fXED RECORDS OF NVECES COUNTT: TEXAS,# SAID POINT BEING 180' 5 1 *CO. 42' E FROM THE NORTHWEST CORNER OF THE SAID RAND MORGAN TRACT AND 1801 S OF THE SOUTH RIGHT +OF+•kAY LINE OF TEXAS STATE HIGHWAY NO. 44; THENCE N 88 DEG. 14' E PARALLEL WITH AND 180' FROH THE SOUTH LINE OF HIGHWAY 44.: AT 2640' PASS RAN* MDRGAN EAST LINE: AT 5280' PASS SECHRIST EAST LINE AND HOELSCHER WEST LINE: IN ALL 6:850' TO A POINT FOR CORNER] THENCE S 1 DEG. 42' E 501 TO A POINT FOR CORNER] THENCE S 88 DEG. 14' W PARALLEL WITH THE SOUTH LINE OF STATE 4HGHWAY 44 A DISTANCE OF 67M, TO A POINT FOR CORNER) THENCE S 43 DEG. 16' W 141.5' TO A POINT FOR CORNER) THENCE S 1 DEG. 42' E 5724.98' TO A POINT FOR CORNER: SAID POINT BEING IN THE SOUTH LINE OF THE ABOVE MENTIONED TRACT PURCHASED 0Y THE CITY OF CORPUS CHRISTI FROM RAND MORGAN; THENCE S 88 DES. 37' W ALONG THE SOUTH LINE OF SAID TRACT A DISTANCE OF 50' TO THE SOUTHWEST CORNER THEREOF; - THENCE N 1 DEG. 42' WEST ALONG THE WEST LINE Of TRACT PUR- CHASED BY THE CITY Of CORPUS CHRISTI FROM RANG MORGAN A DISTANCE Of 5874.72' TO THE PLACE OF BEGINNING; TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS ON: OVER: AND THROUGH THE ABOVE DESCRIBED PROPERTY FOR ANY AND ALL PURPOSES NECESSARY AND INCIDENT TO THE RIGHTS HEREIN ORANTED. GRANTOR COVENANTS AND AGREES THAT NO BUILDING SHALL BE CONSTRUCTED OR ERECTED WITHIN TEN (10) FEET Of ANY LINE LAID UNDER THIS EASEMENT. THIS AGREENENT SHALL BE N COVENANT RUNNING WITH THE LAND AND SHALL BE BINOINQ UPON THE SUCCESSORS AND ASSIGNS OF GRANTOR. TO HAVE AND TO HMO UNTO SAID GRANTEES ITS SUCCESSORS AND ASSIGNS: 80 LONG AS THE SAME SHALL SE USED FOR THE PURPOSES AFORESAID: SUCH LINES SHALL BE CONSTRUCTED TO A DEPTH OF AT LEAST TWENTY +FOUR INCHES (24 ") BELOW THE SURFACE OF THE GROUNOS- rXCEPT FOR SUCH VENTS: VALVES:, AND SIMILAR APPURTENANCES AS HAY BE NECESSARY TO THE OPERATION OF SAID LINES. THE RIGHTS OF WAY: EASEAEHTS AND PRIVILEGES HEREIN GRANTED ARE EACH DIVISIBLE AND ARE EACH ASSIGNABLE OR TRANSFERABLE: IN WHOLE OR IN PART. 3 ATTV4Ts CALCURV Us* "Y aw 0 M8. w. F—iivo 7164OW7 TK .44Tl. M ,'A. 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F.N4' *^ttj A kwrAp.v IV44,kc 1% #" FOR T'Rtt tw, pvww ,,,twof NAM ts st-uMvto to tw, NOTMOW -0 , Afts KO '4 TO At M me AN ilk' r#43* at ONAMIA Pift Ow A '*NO q F r ff-, w 'w*T 09 cucultev *A44 rbft lot owpos" A" lia"I" tjWas"90 $00 " 'TW *CT tw AA14 G#Vo,,W MY "Ahl Aks %f A4 *,f '01 IM 4AW tw - T - JANUARY 29, 1958 I certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of No. 24' AIRPORT Bono Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. X10*- *..� y31 f Director of Finance I CO S CHRISTI, TEXAS ,19Tf TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 COUNCILS 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, 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 VOTED: FARRELL O. SMITH Y. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO, CHARLIE J. AILLS ARTHUR R. JAMES _ ODELL INGLE THE ABOVE.OR- DINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH V. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. RILLS ARTHUR R. JAMES ODELL INGLE J J (P4�