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Home My WebLink About05586 ORD - 11/18/1959IMS :JKH:9 -30 -59 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT AND LEASE CONTRACT WITH HOUSTON NATURAL GAS CORPORATION AS SITE FOR GAS REGULATOR STATION, A COPY OF WHICH AGREEMENT I5 ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT AND LEASE CONTRACT WITH HOUSTON NATURAL GAS CORPORATION AS SITEI. FOR GAS REGULATOR STATION ADJOINING THE SITE OF CITY GAS REGULATOR STATION LOCATED ON OLD BROWNSVILLE ROAD ON A PORTION OF THE PRESENT CLIFF MAUS MUNICIPAL AIRPORT PROPERTY, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. 558E THE STATE OF TEXAS A COUNTY OF NUECES j This Lease Contraot and Agreement this day made and entered into by and between CITY OF CORPUS CHRISTI, TEXAS, act- ing herein by and through its City Manager, hereinafter called "The City ", and HOUSTON NATURAL OAS CORPORATION, a.Texas corpo- ration, hereinafter called "Lessee" is to W I T N E S S E T H I. For and in consideration of One Dollar 01.00) and the reservations, covenants and agreements hereinafter set forth, The City does hereby grant, demise, lease and let unto the Lessee that certain paroel of land and that certain natural gas pipe line, both being located in Corpus Christi, Nueces County, Texas, as hereinafter more particularly described. (a) The land hereby leased is more particularly described as follows: A tract of land being a portion of Lot 3 of the Ougenheim & Cohn Farm Lots, a sub- division in Nueces County, Texas, the map of said subdivision being recorded in Vol- ume A page 53 of the Nueces County, Texas map records. Said tract being more parti- cularly described by metes and bounds as follows: From a point being the intersection of the center -lines of Old Brownsville Road and Kosar Road, Corpus Christi, Texas, thence South 43° 06' 18" West a distance of 210.56 feet to a point; Thence South 46° 53' 42" East a distance of .60.00 feet to a stake for a point of beginning for this survey, said point being the North- east oorner of said tract; Thence South 46° 53' 42" East a distance of 92.85 feet for the Southeast corner of said tract; Thence South 0° 59' 18" West 60.70 feet for the Southwest tract; Thence North 46° 53' 42" West 133.66 feet for the Northwest tract; a distance of corner of said a distance of corner of said Thence North 43° 06' 18" East a distance of 45.00 feet to the point of beginning for thia survey, containing 5413.5 square feet or 0.T24 acres, more or lees.' The above described tract is shown on a plat attached :hereto as Exhibit "A "; to which re- ference is here made. (b) The natural gas pipe line hereby leased is more parti- cularly described as follows: A 10 -inch W. 8. gas main being a portion of the gae distribution system of the City of Corpus Christi, Texas. Said gas main being more par- ticularly described by metes and bounds as follows: From a point 7 feet west of the east R.O.W. line of Savage Lane and 7 feet south of the north R.O.W. line of Kosar Road; Thence north 899 55' 39" east a distance of 1266.5 feet to a point 20.5 feet west of the west R.O.W. line of Old Brownsville Road; Thence south 38° east a distance of 141 feet to a point 10 feet east of the east R.O.W. line of Old Brownsville Road; Thence south 43° 06' 18" west a distance of 203.5 feet to a point; Thence south 46° 43' 42" east a distance of 15 feet to a point being the end of said gas main, and containing 1626 feet of 10 -inch W. 3. The location of said pipe line is shown on a plat attached hereto as Exhibit "B ", to which reference is here made. II. TO HAVE AND TO HOLD the said premises and pipe line for a term beginning with the date hereinafter set forth and ending thirty (30) days after the presently existing gas supply contract dated March 1, 1949, by and between the parties hereto, is extended pur- suant to the provisions of said contract, or on Mareh,1, 1961, whichever is sooner, as to the natural gaa pipe line, and ending thirty (30) days after Leesee,ceases to supply gaa to the City at such delivery point as to the land. The lease herein granted shall be subject to the following terms and conditions: (A) Lessee shall have the right to construct, lay, operate, maintain, repair, replace and/or erect any re- gulator stations, meter stations, pipe lines and other -2- IMPROVEMENTS UPON, ACROSS, ON, OR IN SAID LAND AND 70' MARE SUCH USE.OF -SAID •LEASED LAND AS LESSEE•NAY DEEM ADVISANLE, 90. LONG', AS LESSEE IS FURNISHING. Oa 70 THE CITY A7 SUCH DEL4VCRY PGINT! .• (B).- LESSEE • SHALL HAVE, AHD -IS HERESY GIVEN, THC RICHT TO REMOVE ANY AND ALL OF ITS-INPROVFHENT$, MACHINERY, FIXTURE$,-PIPE AND ANY -OTHER PROPERTY. OR-TNINO'OF VALUE PLACED - UPON, -0N OR IN SAID I.AN0 COVERED OT THIS LEASE 'CONTRACT DURING ' THE ' TCRN OR EXTENSION THEREOF, OR WITHIN THIR'TT.t30) DAYS -AFTER THE EXPIRATION OF THIS LEASE -- CONTRACT, 0R 4A$ SUPPLY CONTRACT, AND EXTENSIONS, AS HEREIN • PROVIDED FOR. -.. �C LESSEE AGREES, UPON TCRNINATION OR EXPIRATOON0F,THIS LEASE CONTRACT; OR EXTENSION THEREOF, OR UPON TERNINATION.QF GAS SUPPLY CONTRACT OR ANY EXTENSION THEREOF, 70 REMOVE ALL STRUCTURES *110 OTHER OBSTACLES1 INCLUD(NG *447 CONCRETE FOUNDATIONS, PLACED SY. IT' ON SAID LEASED L*ND D, - DURING SUCH PERI0:AND.TO- RESTORE THE • SURFACE :OF SAID:LEASED PREMISES AS NEARLYAS'RCASONABLY POSSISLE TO -ITS PRESENT.STATE... +' (D %- LESSEE AGREE$ TO OPERATE AND MAINTAIN -THE HERCI.NAGOVE DESCRIBED PIPE LINE Of TH5 CITY •DURING THR 'ICRM.OF THIS LEASE, OR EXTEN910N- THEREOF, AT THE-SOLE-HMI ,' AND EXPENSE OF LCESEEARD TO SURRENDER AND RELINQUISH SAID PIPE LINE OF THE CITY TO.THE'CITY UPON THE TERMINATION OVUM. CONTRACT, IF- LESSEE DOES N07- PURCHASE 5A40 PIPE LONE AS.,.PRO7IDEO- HEREON.',4F THE CITY •AND-LESBEE HAVE. AGREED TD EXTCND THEIR 5X1911415 OAS PURCHASE AHD SALE CONTRACT, DATED MARCH 1, 1949, fOR ATERM- EXTENDOHO- BEYOND MARCH 1, 1961, LESSEE SHALL PURCHASE SAID POPE. LINE FOR THE SUM OF #5,242,35. THE DALE SHALL SE COMPLETED, THE PURCHASE PRICE PAID AN0',THE CITY SHALL EXECUTE A DILL OF SALE, 351.4.1140 AND CONVEYING $A10,PIPE LINE, 700ETHER -WITH VALVEB,'„PIPE FITTINGS AND CONNECTIONS FORMING A PART OF SAID PIPE LINE AND GRANTING LESSEE THE RICHT TO'MAINT*IN-SAID PIPE.LIHE'IN Ko3AR ROAD OVER WHICH SAID PIPE LIME 111 LAID AND AN EASEMENT TEN (10Y1,FEE1 WIDE ASUTTINO AND ADJDININCI THE SOUTH EAST 5(05 - oF- OLD.BROWNSVILLE ROAD Z 35 FEET- IN- LEN07H, AS SHOWN ON. er4!r "St 1(�li��- -iC11i THE SPATE OF TEXAS 0 COUNTY OF NUEC S 0 BEFORE ME, the undersigned authority, on this day personally appeared , City Manager of the City of Corpus Christi, Texas, ]mown to me to be the person and official whose name le subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1959. Notary Public in and for Nueces County, Texas. THE STATE OP TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared JOHN H. WIMBERLY, President of Houston Natural Gas Corporation, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein set forth, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1959. Notary Public in and for Harris County, Texas. -5- GO GO N S CL /FF A AUS A /R2 POR.T 6- UCENI - /E/ C01--/N FA/2M LOTS L O T 3 o' 8. 4G• 6-9' 4t"RF � h 0 .4 CITY 2I STAT/ON a, s /rE 92.ES iri"''' HN .G. CORP / o. 3 TAT /ON /TE O. / 84 ACRES / / / / / / / / / o„ N. 44 °Sl'42 W. /33. GO' B UN. O/NC LINE EX/I /6 /T A HOUSTON NATURAL GAS CORPORATION EN. NumN. o.►A.TNINT H.N. 4. CORP. 0./.Z4 AC. 3 TA T/oN 3 /TE LEASED FROM THE C/TY OF CORPUS CHQIdT /, NUECES COUNTY, TEXAS r' der -Lf�t. r: aurN�� -��- .NNrR�JLL = Mlle No. . THAT THE FOREGOING ORDINANCE WAS AD FOR THE Fl T TI AND ; ASSEED -TO ITS SECOND READING ON THIS THE f DAY OF 19 J 1 , BY THE FOLLOWING VOTE: fff ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. Gc,�e THAT THE FOREGOING ORDINANCE WAS /R AD FOR TH l 00 TIME AND PASSED TO ITS THIRD READING ON THIS THE J DAY OF 194 y , BY THE FOLLOWING VOTE: • ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THAT THE FOREGOING 0 ANCE WAS REA OR THE THIRD TI�NE AND g PASSED FINALLY ON THIS THE w DAY OF , �J II BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. PASSED AND APPROVED, THIS THE APPROVED AS TO LEGAL FORM THIS 30 DAY OF pEPTEM3ER 1959. CITY ATTORNEY r YOR THE CITY OF CHRISTI, TEXAS ,1917,