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HomeMy WebLinkAbout15624 ORD - 07/09/1980jkh:7-3-80;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR EASEMENTS ON STATE SUBMERGED LAND ACROSS THE OSO BAY FOR THE CROSSING OF A 30 -INCH WATER LINE AND ACROSS STATE TRACTS LOCATED IN LAGUNA MADRE NUMBERED 16, 17, 28, 39, 44 AND 51 FOR THE CROSSING OF A 24 -INCH WATER LINE, ALL AS MORE FULLY SET FORTH IN THE CONTRACTS, A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B", RESPECTIVELY; 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 authorized to execute contracts for easements on State submerged land across the Oso Bay for the crossing of a 30 -inch water line and across State Tracts located in Laguna Madre numbered 16, 17, 28, 39, 44 and 51 for the crossing of a 24 -inch water line, all as more fully set forth in the contracts, a substantial copy of each being attached hereto and made a part hereof, marked, respectively, Exhibits "A" and "B". SECTION 2. The necessity to authorize execution of the aforesaid contracts for easements with the State of Texas at the earliest practicable date in order that the hereinabove described water lines may be constructed without delay 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 that 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 9.44 day of July, 1980. ATTEST: APPROVED: 7th DAY OF JULY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit�,Aj orney 15624 F CORPUS CHRISTI, TEXAS flu x;80 44-® :1,"/ CONTRACT FOR EASEMENT ON STATE LAND STATE OF TEXAS X COUNTY OF TRAVIS X (1) By virtue of the authority granted in Section 51.291 et seq., of the Natural Resources Code, Acts 1977, 65th. Legislature, Chapter 871, effective September 1, 1977, and subject to all rules andregulations promulgated by the Commissioner of the General Land Office, pursuant to all other applicable statutes and amendments thereto, the State of Texas. GRANTOR herein, acting by and through the Commissioner of the General Land Office, hereby grants to the City of Corpus Christi, P. 0. Box 9277, Corpus Christi, Texas 78408 Phone: 512-884-3011 1 hereinafter called GRANTEE, his heirs, successors or assigns, an easement for a right of way for the following purpose, to -wit: 30" diameter domestic water line 2 with the right to construct or erect said line and to maintain, repair, replace and rebuild said line or lines, on and across the following described land, owned by the State of Texas in Nueces County, Texas, to -wit: Beginning at a point in the northwest shore line of Oso Bay and the northwest boundary of State Tract "B", said point being 140 feet northeast of, and per- pendicular to, the tangent of the centerline of the United States Naval Air Station Railroad Spur (Tex-Mex Railroad); Thence S 64° 00' 56" E, 140 feet northeast of and parallel with the tangent of the centerline of said railroad, across said State Tract "B" and State Tract "A", a distance of 2,648 feet, more or less (160± rods) to a point for the end of this easement, said point being in the southeast shore line of Oso 3 Bay and the southeast boundary of State Tract "A", said point being 140 feet northeast of and perpendicular to the centerline of the aforementioned railroad. Give correct name, address, and telephone number of the Grantee. If it is a corporation, so state. If' it is a concern operating under an assumed name, or if it is a partnership, the owners or partners should be named. 2 Describe the line or lines for which the right of way is to be used including the purposes, sizes and types of proposed line or lines and any other installations to be placed in or on the right of way. 3 Describe the land in which rights are sought, the center- line of the right of way, the length and width thereof, attaching maps, plats and drawings as required by General Land Office Rules 126.18 02.001 (8), (9), & (10). • (2) This easement is for a total period of 10 years (no longer than ten•(10) yeh,rs) except as provided for a right of way easement for a pipeline pursuant to the Deepwater Port Act of 1974, 33 U.S.C.A., 5150 (et seq.) beginning with the date hereof, unless the same be renewed, extended, cancelled or changed by the proper official of the State of Texas as authorized by law. (3) Said right of way for said line is 160± rods in length, and Grantee hereby agrees to pay to the State of Texas $0.15 per lineal rod per 10 year period, totaling $ for the term hereof, payable at the time of execution of this agreement. (4) The, money due the State of Texas under theterms of this agreement is payable in Austin, Texas, to the Commissioner of the General Land Office for the benefit of the fund designated by law. In the event the Grantee fails to pay any money due under the terms of this agreement when the same becomes due; the State of Texas has the right, at its option, to cancel this agreement and to re-enter upon and take possession of said premises without prejudice for any claim of payment due. (5) Grantee agrees to comply with all rules or orders which the Commissioner determines to be necessary and proper for the protection and conservation of public lands and water. (6) If Grantee shall violate any of the material provisions of this agreement and after reasonable notice shall fail or re- fuse to correct such violation, this agreement shall be subject to cancellation by the Commissioner of the General Land Office. (7) The Grantee is hereby granted the right of ingress and egress to and from said right of way for the purposes of constructing, erecting, maintaining, repairing, replacing. removing and'rebuilding said line; and such right is not granted for any other purpose. The Grantee agrees to occupy the land only to the extent and for the length of time necessary when constructing, erecting, maintaining, repairing, replacing, removing and rebuilding said line or lines. (8) If a leak occurs in a pipeline, the flow will be stopped at once and immediate notice will be given to the Commissioner of the General Land Office. In the event it is necessary to break out the line for repairs, the line will be cleared before repair is begun. (9) In operating under this agreement, the Grantee shall use the highest degree of care and all proper safeguards to prevent pollution. In the event of pollution, Grantee shall use all means at his disposal to recapture all pollutants which have escaped, and shall be responsible for all damage to public and private property. (10) Upon the termination or abandonment of this easement for any cause, the Grantee shall within one hundred and twenty (120) days from said termination or abandonment, remove all of its own property and pipeline from said right of way. Grantee will take whatever measures necessary to restore the area in- volved as nearly as possible to the same condition it was be- fore the Grantee entered thereon. (11) All property belonging to the Grantee removed from the right of way in accordance with Paragraph Ten (10) above is subject to a lien in favor of the State of Texas in the event all payments under this agreement due at the time of such removal are not paid in full. (12) Assignment of any interest right granted herein is subject to the prior written approval of the Commissioner of the General Land Office. A fee of $5.00 payable to the General Land Office must accompany the application for approval of an assignment. No assignment shall be effective to transfer any rights until approved by the Commissioner, the Grantee and the Assignee. (13) Grantee expressly agrees to indemnify the Grantor against any and all liability for damages to life, person or property arising from Grantee's occupation and/or use of the area covered by the interest granted. (14) Grantee expressly agrees to abide by all conditions contained in the addendum attached hereto. ENTERED into this day of , 197 . THE STATE OF TEXAS By ler9 A . By J. YCg, OCITY ATTORNEY YC2C AZT ?Li CTly JAY B. DOE EY STATE OF TEXAS COUNTY OF TRAVIS Qr X X Commissioner of the General Land Office LESSOR R. arum sen City Manager GRANTEE BEFORE ME, the undersigned authority, a notary public in and for said county and state, on this day personally appeared , Commissioner of the General Land Office of the State of Texas, 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 pur- poses and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , A.D., 197 . Notary Public in and for Travis County, Texas STATE OF TEXAS X COUNTY OF uf(F% X BEFORE ME, the undersigned authority, a notary public in and for said county and state, on this day personally appeared «. 0.Rv 1 t1 —T7LonsF no , 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 pur- poses and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1 day of cliu rnE , A.D., 19E0. nrk . � 6L o ary P clic in and or 41uFeFS County, Texas LINDA O. RODFin g !Um Ptak. i (c.Sn.�j • CONTRACT FOR EASEMENT ON STATE LAND STATE OF TEXAS X COUNTY OF TRAVIS X (1) By virtue of the authority granted in Section 51.291 et seq., of the Natural Resources Code, Acts 1977, 65th Legislature, Chapter 871, effective September 1, 1977, and subject to all rules and regulations promulgated by the Commissioner of the. General Land Office, pursuant to all other applicable statutes and amendments thereto, the State of Texas, GRANTOR herein, acting by and through the Commissioner of the General Land Office, hereby grants to the City of Corpus Christi, P. 0. Box 9277, Corpus Christi, Texas 78408 Phone 512-884-3011 1 hereinafter called GRANTEE, his heirs, successors or assigns, an easement for a right of way for the following purpose, to -wit: 24" diameter domestic water line 2 with the right to construct or erect said line and to maintain, repair, replace and rebuild said line or lines, on and across the following described land, owned by the State of Texas in Nueces County, Texas, to -wit: Being a strip of land in and across State Tracts 16, 17, 28, 29, 44, 51, and 61. See detailed description attached hereto. 3 1 Give correct name, address, and telephone number of the Grantee. If it is a corporation, so state. If it is a concern operating under an assumed name, or if it is a partnership, the owners or partners should be named. 2 Describe the line or lines for which the right of way is to be used including the purposes, sizes and types of proposed line or lines and any other installations to be placed in or on the right of way. 3 Describe the land in which rights are sought, the center- line of the right of way, the length and width thereof, attaching maps, plats and drawings as required by General Land Office Rules 126.18 02.001 (8), (9), & (10). e' 6(0. (2) This easement is for a total period of 10 years (no longer than ten•(10) years) except as provided for a right of way easement for a pipeline pursuant to the Deepwater Port Act of 1974, 33 U.S.C.A., S150 (et seq.) beginning with the date hereof, unless the same be renewed, extended, cancelled or changed by the proper official of the State of Texas as authorized by law. (3) Said right of way for said line is 1.085 rods in length, and Grantee hereby agrees to pay to the State of Texas $ 0.15 per lineal rod per 10 year period, totaling $162.75 for the term hereof, payable at the time of execution of this agreement. (4) The money due the State of Texas under the terms of this agreement is payable in Austin, Texas, to the Commissioner of the General Land Office for the benefit of the fund designated by law. In the event the Grantee fails to pay any money due under the terms of this agreement when the same becomes due; the State of Texas has the right, at its option, to cancel this agreement and to re-enter upon and take possession of said premises without prejudice for any claim of payment due. (5) Grantee agrees to comply with all rules or orders which the Commissioner determines to be necessary and proper for the protection and conservation of public lands and water. (6) If Grantee shall violate any of the material provisions of this agreement and after reasonable notice shall fail or re- fuse to correct such violation, this agreement shall be subject to cancellation by the Commissioner of the General Land Office. (7) The Grantee is hereby granted the right of ingress and egress to and from said right of way for the purposes of constructing, erecting, maintaining, repairing. replacing, removing and rebuilding said line; and such right is not granted for any other purpose. The Grantee agrees to occupy the land only to the extent and for the length of time necessary when constructing, erecting, maintaining, repairing, replacing, removing and rebuilding said line or lines. (8) If a leak occurs in a pipeline, the flow will be stopped at once and immediate notice will be given to the Commissioner of the General Land Office. In the event it is necessary to break out the line for repairs, the line will be cleared before repair is begun. (9) In operating under this agreement, the Grantee shall use the highest degree of care and all proper safeguards to prevent pollution. In the event of pollution, Grantee shall use all means at his disposal to recapture all pollutants which have escaped, and shall be responsible for all damage to public and private property. (10) Upon the termination or abandonment of this easement for any cause, the Grantee shall within one hundred and twenty (120) days from said termination or abandonment, remove all of its own property and pipeline from said right of way. Grantee will take whatever measures necessary to restore the area in- volved as nearly as possible to the same condition it was be- fore the Grantee entered thereon. (11) All property belonging to the Grantee removed from the right of way in accordance with Paragraph Ten (10) above is subject to a lien in favor of the State of Texas in the event all payments under this agreement due at the time of such removal are not paid in full. (12) Assignment of any interest right granted herein is subject to the prior written approval of the Commissioner of the General Land Office. A fee of $5.00, payable to the General • Land Office must accompany the application for approval of an assignment. No assignment shall be effective to transfer any rights until approved by the Commissioner, the Grantee and the Assignee. (13) Grantee expressly agrees to indemnify the Grantor against any and all liability for damages to life, person or property arising from Grantee's occupation and/or use of the area covered by the interest granted. (14) Grantee expressly agrees to abide by all conditions contained in the addendum attached hereto. ENTERED into this day of THE STATE OF TEXAS By By , 197 . Commissioner of the General Land Office LESSOR R. Marvin Townsend City Manager GRANTEE T. B jCE ACO H, CITY ATTnn`TEY UAY. B. DOEGEY STATE OF TEXAS X COUNTY OF TRAVIS X f BEFORE ME, the undersigned authority, a notary public in and for said county and state, on this day personally appeared , Commissioner of the General Land Office of the State of Texas, 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 pur- poses and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , A.D., 197 . Notary Public in and for Travis County, Texas STATE OF TEXAS X COUNTY OF c -n utF cfX BEFORE ME, the undersigned authority, a notary public in and for said county and state, on this day personally appeared K "i i GRVirc��()SF.h0 , 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 pur- poses and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , A.D., 1930. 1 10-1-1‘ cc_ • o) r 4 Lt) Notary Pu is in and for LF0 Fg County, Texas UNDrA 0. ROORIGUEZ Peary Public. iniya Ta, 5a' My Cammissin Ei j • SOv7N P. RO<LY RD TRACT TRACT B„ I A' OSO BAY I 0 0 WATER LINE • CROSSING T 728.750 N 2,351,393 E RE fI GENERAL PLAN SCALE /N FEET 0 2,000 727.590 N 2,383,775 E 30 ARANSAS PA55 CORP</d }F}'4!CHRISTI CORPUS CHRISTI BAY am WATERLINE CROSS/NG i e • aPFi !v GULF OF MEXICO LOCATION MAP SCALE /N MILES 0/ 2 3 4 5 NOTE: O/TCH TO BE DUG BY • DRAGLINE WORKING ON MATS TRENCH TO BE BACRF/LLED SO AS NOT 70 RAISE GENERAL BED OF BAY MORE THAN 6 INCHES 20' TOR OF PIPE 70 BE BUR/ED NOT LESS THAN 2.5' BELOW BAY BOTTOM. 0' SUBMARIA/E 4TERL/NE CROSSING /0 /;M1 -1W 20t —MLW 0.0 SECTION SCALES IN FEET o apooHOR/Z. 1 1 0 20 VERT 1 1 -I0 PROPOSED SUBMARINE WATER LINE CROSS/NG ACROSS OSO 8.9Y /N THE C/TY OF CORPUS CHR/ST/ COUNTY OF NUEC£5, STATE OF TEXAS APPL/CAT/ON BY C/TY OF CORPUS CHRISTI NOVEMBER 10, I9G9 Ia1:r3 RIPTICUN OF THE CENTERLINE; OF AN EASEMENT FC)1% A WI TER I. INN (Size 16" or Alternate 24") ACROSS LAGTJNA MF4Rit' Il i. $egipning ata point at the east end of a dedicated road, Qai4 point bei'nt%• 24 feet, more or less, in a southerly direction from, and porpepdiFular . tot the north line of State Tract Number 17, and said poi:At j,lso being 679. feet, more or less, in a westerly direction frort}t and pefponc1ievjar' tot the east line of State Tract Number 17: ij Thence S 76' 56' 48" E, at 91 feet, more or less, a point in the north line of Tract 17, also being a point in the south line of Tract 16, j t 704 feet, more or less, a point in the east line of Tract 16, also being a. point in the west line of tract 28, at 5, 057 feet, more or less, a pointin the Porth line of Tract 28, also being a point in the south line of Tract 29, in z11 5, 995 feet, more or less, a point for corner, said point being in State • Tract 29; ... • Thence S 63' 57' 57" E at 180 feet, more or less, a point in the east fins of Tract 29, also being a point in the west line of Tract 44, at 2, 822 feet, more or less, a point in the east line of Tract 44, also being a point in the west line of Tract 51, in all a distance of 8, 061 feet, more or less, to a point for the end of this easement, spid point being 592 feet, moreprless, in a northerly direction from, and perpendicular to, the south lips of Tract Number 51, and said point also being 46 feet, more or less, in a westerly direction from, and perpendicular to, the east line o£Tract Num, 63 7 s7'E jd' fv . 7:4P Corpus Christi, Texas " day of , 19giO 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, MAY F CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky passed by the following vote: /7 15€24