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Home My WebLink About15417 ORD - 03/19/1980411) vp:3/17/80:1st AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO FLORIDA GAS TRANSMISSION COMPANY FOR PLACING APPROXIMATELY 500 FEET OF 20" PIPELINE PARALLEL TO AN EXISTING PIPELINE IN HARNEY DRIVE THENCE SOUTHERLY CROSSING LORI DRIVE AND LEOPARD STREET, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: • SECTION 1. That the City Manager be and he is hereby authorized to execute a revocable easement to Florida Gas Transmission Company for placing approximately 500 feet of 20" pipeline parallel to an existing pipeline in Harney Drive thence southerly crossing Lori Drive and Leopard Street, all as more fully set forth in the revocable easement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to execute the aforesaid revocable easement at the earliest practicable date 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 but 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 exist, having requested the suspension of the 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, this the II day of March, 1980. ATTEST: y Secre - ry YORM em THE CITY OF l APPROVED: /7 DAY OF MARCH 1980: J. BRUCE AYCOCK, CITY ATTORNEY 15417 US CHRISTI, TEXAS REVOCABLE EASE4ENT THE STATE OF TEXAS X COUNTY OF NUECES I THAT, the City of Corpus Christi, Texas acting by and through its duly authorized City Manager, R. Marvin Townsend, for and in consideration of the sum of Three Thousand Seven Hundred and 80/100 Dollars ($3,700.80) to it - in hand paid by Florida Gas Transmission Company, hereinafter referred -to as GRANTEE, said fee to be based on the fee schedule. provided for in the Code of Ordinances, the receipt of which is hereby acknowledged and confessed, bas GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, upon the conditions hereinafter stated, unto the said Florida Gas Transmission Company the right to install, operate and maintain one (1) twenty inch diameter pipeline encased in a 24" diameter steel casing crossing Up. River Road at Barney Road and running along Harney Road approximately 477' to the northeast as shown on the attached Exhibits A and B; crossing Lori Drive approximately 550' southeast of Nolford Place as shown on the attached Exhibit C; and crossing Leopard Street (Spur 407) approximately 3750' northwest of Farm -to Market Road 24 as shown on the attached Exhibit D. TO HAVE AND TO HOLD the same unto the said Florida Gas Transmission Company, their successors and assigns, together with the right and privilege at any and all times to enter upon the rights-of-way of Up River Road, Harney Road, Lori Drive, and Leopard Street, as shown on Exhibits A, B, C, and D, for the purpose of constructing and maintaining said pipeline for transportation of natural gas and other substances, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. All work proposed will equal or exceed Department of Transportation Pipe Line Safety Standards' for the transportation of gas and liquids by pipeline. 2. The pipeline is to be placed such that no portion of the pipeline will be shallower than 42'inches from existing ground or roadway pavement and/or roadside ditches. 3. All road crossings are to be bored. 4. Maximum operation pressure for the line will be 1000 psig. 5. It is understood and agreed that the right and easement herein granted may be revoked at any time by the City of Corpus Christi, and Grantee may be required to remove the aforesaid pipeline upon sixty (60) days notice in writing.. 6. Grantee will save and keep harmless the City of Corpus Christi, from any and all claims for liability by reason of the construction of said pipeline, or the operation, maintenance of existence thereof. 7. Grantee will repair or cause to be repaired any -damage to any street, sewer-, storm sewer, drainage facility, underground lines, wires, or pipes owned by the City of Corpus Christi or holders of any franchise from the City, by reason of the construction of said pipeline and the operation and maintenance thereof. Grantee will apply to the Director of Engineering and Physical Development for a permit before disturbing any part of any street area and perform the work in accordance with the permit and all City ordinances applicable. Grantee is hereby informed that there presently gists a 20 inch water transmission main on the southside of Up River Road, a 48 inch transmission main on the southside of Leopard Street and a 30 inch transmissionmain on the northside of Leopard Street. Grantee shall exercise caution daring construction authorized by this revocable easement so as to prevent damage to the abovementioned water lines. Grantee shall be solely liable for any damage it causes, as determined by the City, to these water lines as the result of construction authorized by this easement. 8. All rights granted hereby shall be subordinate to all uses as the City may make of such street right-of-way for public purposes. a. Grantee.shall adjust or relocate the above described pipeline, if necessary, for the present or future construction of any public utilities, or change in street grade or -patterns on the streets or for any other reason of the City stated in writing to Grantee, at the points above described. b. Grantee will erect makers at the points where such pipeline enters or leaves a street right-of-way. Such markers shall be. of iron, bearing pipeline owner's name, and placed at-the,edge of the public right-of-way. 9. This conveyance and agreement, and all the terms and provisions hereof, shall bind and inure to the benefit of Grantor and Grantee and the respective lessees, licensees, successors and assigns of Grantor and Grantee. Grantee, its successors and assigns, is hereby expressly given and granted the right to assign the rights and easements herein granted and conveyed or any part thereof or interest therein to any person, firm, corporation, partnership or other entity, and such rights and easements are and shall be divisible among two or more owners so that each assignee or owner shall have and enjoy said rights and easements either separately or together. 10. Grantee is expressly prohibited from the sale and distribution of natural gas to consumers, whether industrial, commercial or residential, within the corporate limits of the City of Corpus Christi. It is expressly provided that, as. used in this paragraph, the sale of "natural gas" shall not include the inter—company sale or transfer of either fuel gas, or fuel in any form, nsedandconsumed in thefrac— tionation, heating distilling, or manufacturing process of grantee, its subsidiaries and affiliates. It i6 mutually understood and agreed that this agreement as written covers all covenants, agreements and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to or changing the terms hereof, and that the party securing this conveyance on behalf of Grantee is without authority to make any representation, stipulation, covenant or agreement not herein expressed. IN WITNESS WHEREOF,_the City of Corpus Christi has caused these presents to be executed this the ATTEST: day of , 1980. CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: day of J. Bruce Aycock, City Attorney , 1980 Assistant City Attorney Director of Finance THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, known to me to be the City Manager of the City of Corpus Christi, Texas, and the same person who signed the foregoing instrument and acknowledged to me thatheexecutedthe same as the act of the City of Corpus Christi, and as City Manager thereof-, for the purposed and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1980. Notary Public in and for Nueces Co., Texas -3- The above and foregoing grant and easement is hereby accepted this the day of , 1980, by FLORIDA GAS TRANSMISSION 'COMPANY, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said FLORIDA GAS TRANSMISSION COMPANY is bound by all of the terms Of the same. . ATTEST: FLORIDA GAS TRANSMISSION COMPANY 1$E STATE OF FLORIDA X COUNTY OF ORANGE By: BEFORE ME, the undersigned authority, on this day personally appeared , known tome to be the person who signed the above instrument and he acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity of GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1980. Notary Public in and for Orange County, Florida Gvard Rall 41E b 380'- Pa rot. /le/ occupancy ,497 Para -Nei Occ up ncy /Me Fer A LJ lh _—�•Cv/yerP 2"Gas RA ~I ` R/W Fen c� J c� � x X J O 25' k 25' 5,17 /3' - 1 u 3 ch•' /o' a 1VI 1,2 V I1 a N. A x Exisi. Grade It/? J :. 6' G. r � % 3' 5 -Cover ExiS 20",P 3' Cover F. G. T• Co• F/L PROPOSED 20"O.D X. 375" W.T• P/PE Gr.X 5E TYP/CAL PROF/LE A-4 NOTE. Exrsf 20"P/6 7 .170 94, or mioe /n/'/ace. I/ ,R/w i,.'E9 XI (yose 1 z. I�l 1 x x ,,u% / Cu/vmrt;,m`"Exist PO"F. 6. r CO.P/L f-1, --J/ / f----1 , _O ci +r•-Nt P9poPd$J 2OVD.F G. r: CO. a MN X 3 HARNEY 0 pita h] R/W F IC L X ;r XJ N 1 Q 30' 30' u 25' 5 ;3 N W X Rd. E xisT• Grade G' Cbve,- Exist. 20" A: G.T. Co. P/L 4' C over PROPOSED 20"O.D. x. 375— vv. T. P/PE GR. X-52 PG 27 TYPICAL PROFILE B -B con=. cu%y��rf1 EXHIBIT "A" 144 W 3O,/2 • fGAl. SW CO -F. a2 ii FLORIDA GAS TRANSMISSION COMPANY'j ENGINEERING DEPARTMENT - WINTER PARK, FLORIDA 14 PROP03EO 2O•'O.D. NATURAL, GAS P/PEL/NA;'i' PARALLEL OCCUPANCY HARNEYRD.'.'; NUECES COUNT Y TEXAS DAWN Rn J. J.A CHECKED Dnicy• DAT /-2R•90 APPROVED m APPROVED Rn oan Rema DAT6/-3/1 o W. O. 2 5 G /9 N O_ DAT! REneroN O R. APPROVED NT, DEMI Qu.n NO Al m"'ND.G/8.2:BA PROF/Le SCALE /" = 20' PG.29, l4 /2 4LI&N, SN_ CO -F -M4-22 NOTES: FLORIDA GAS TRANSMISSION COMPANY /. Cas in UndC- N 9 Roadway to be ENGINEERING DEPARTMENT WINTER - PARK, FLORIDA - Installed By Boring, Z. Existiny 20 "P/L To be Abandoned PROPOSED 20"a D. NATURAL GAS PIPELINE CROSSING /n Place - VP RIVER ROAD NUECES CouNry TExAs DRAM nth J J. A . dm /-23.8 lRRoRm m !Riot= OM= J r Mire 30.30 W a 25618 (°". era I •Rn. lmammonyeL// am: vun /,. = 2:1' O"! E01031.awa M. Gib 2. /56A P. an EXHIBIT °B" Exist 20" P:GT Ca.. Pi'pe "Lb No [ford 14 11 oogail*e..r4 Proposes/ 20"o.p....1 Pipe/Inc p Grade 3' 4'Min.- 4.81.38 R/W La 5 6 8i- 38 AVI9Ln. k 548 r3 9 4'C PLAN cq 20' Co" W4 ter tn. 0 (k1 03 kft tus04 • 'Power 4.9- k * P CZ" Gas 03 03 4- 00 in Proposed 20"0.0. X. 375"W r 52 9 Min. - PrMin. co 25' I_ 25' \ Sea./ 4. PropoSed 50 '- 24 "O. 0 x . ,. 250" ‘135° Bo th Sevd.5 % N. co .... ,n W.T. Ca.sinz PROF/4E Se.A1-2:1": 20 NOTES: /. Casing Under Roadway to be Installed By Boring. e. Existing 20" PVC. To be Removed. EXHIBIT uC" 00.1 WI 0I CM "P vosiodimor PG. 21E13 ALIGN 5H. CO -F-444-22 FLORIDA GAS TRANSMISSION COMPANY ENGINEERING DEPARTMENT - WINTER PARK, FLORIDA PROPOSED 20"0.0. NATURAL GAS PIPELINE cRossma LORI DRIVE NuEc ES COUNTY, TEXAS 00000 001 J. A cm= an dor *MOM .../y/ ▪ go APPROMI UP, "TS /.30•80 W. e. 25G/8 O 00 seam / 20 AMMO eh IWO tiNi. DIAL NO. 08.2./ A 1E: f P NSF. 20., 'G. r. co, /1/4 )�'j{ x W H N .' P. N 3 3 •j S N 1. 0 `� A. 0 4:1y, W F b a o - } I. �c 0 x ou r- 578 4 578to1 R/WFence Lx 1 578t/0 i Ditch 1-16 F 4"StGasLa� 1 k p N - rfrape5C.d jr 24"O.O:Cosins ,i____, - - } ", A -i.". : IL nNe i. 3 • C Om W M n t) . a Cl) 6\ 4 N. ti • C W ss to :- c ti W 0 H n >i a W A g .. 3750'2'. _... 3.73t 13 L� Sp.+Pg07 'r79 t 29 Fdge "//»t 3 a O W -L 01 l' 0 � !L 1�. a\ sO. M V1 h *' t, O i. al K C rL XO IL, T N ' c G eti 48 "Water Ln. r.a O tl o h cy, PLAN SCALE /"=30' Srh ..1") /a'iyj R'o. 24 5O "Wei fer Ln. to o` 1 n b n 6 0 —4'Mrn. IS"Val/Fp Pipevl/ne h t' Water La, ti • CC h An.° a F/ow Proposed 20"D. D, x .375"W.T. Pipe Gi.-k-52 Proposed /90'-24"O.D.X,Z50"W.r. Casioy PROP/Le ScAGE /" = 30' NOTES.' /. Ca.siny Under Roadway to be /nsta/Ied fJy downy. Z. Existing 20"P/1. To be Removed, EXHIBIT "D° 2.4-1 ro 5po. 407 N... , F .. Sf. y. g icon I -rwq 70 WI1 71111.07 ( ow 1 .. ".r0 Sea./ ---4"c6 Both Ends r- iw m kri PG.23,24,/2-/4 Al/GN.SH.CD-F-ML-22 FLORIDA GAS TRANSMISSION COMPANY ENGINEERING DEPARTMENT - WINTER PARK, FLORIDA PROPOSED 20"O.O. NATURAL GAS P/PECINFCROSSINCr SPUR 407 NUE CE5 COUNTY', TEXAS J. J. A. /-2240 •rru. i n o..e Arnertz, •v: n. o. 25618 nc*u. / ..r. 30• afrittroPlI ORO Po. "�G/B. 2. 2A • Corpus Christi, Texas f g day of , 19 la TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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, 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, OR P,o:_erg THE CITY The Charter rule was suspender by the Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky US CHRISTI, TEXAS owing vote: was passe by the following 35417 vote: