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
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