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Home My WebLink About15960 ORD - 12/31/1980vp:12/30/80:1 t AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO THE NUECES COUNTY NAVIGATION DISTRICT NO. 1 FOR THE INSTALLATION OF TWO 8 -INCH FIRE SERVICE LINES ACROSS SAM RANKIN AT NORTH PORT AVENUE, 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"; 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 the Nueces County Navigation District No. 1 for the installation of two 8 -inch fire service lines across Sam Rankin at North Port Avenue, 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 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 o' full force andeffect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the,*4 day of December, 1980. ATTEST: City Secretary APPROVED: 30�'- DAY OF DECEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY g59f 0 �fol- I, TH ITY OF CORPUS CHRISTI, TEXAS MICROFILMED ISEP 2 71984 THE STATE OF TEXAS COUNTY OF NUECES X REVOCABLE EASEMENT 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 Hundred Sixty and no/100 Dollars ($360.00) to it in hand paid by Nueces County Navigation District No. 1, hereinafter referred to -as Grantee, said fee to be based on the fee schedule provided for in Ordinance No. 15235, the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, upon the conditions hereinafter stated, unto the said Nueces County Navigation District No. 1 the right to install, operate and maintain two crossings of an 8 -inch water line on North Alameda Street (Sam Rankin Street) between Port Avenue and Brewster Street in the City of Corpus Christi, as shown on the attached Exhibit "A". TO HAVE AND TO HOLD the same unto the said Nueces County Navigation District No. 1, their successors and assigns, together with the right and privilege at any and all times to enter upon the right-of-way of Sam Rankin Street, as shown on Exhibit "A", for the purpose of constructing and maintaining said two water line crossings, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms: 1. All work proposed will meet requirements of the water distribution standards of.theCity of Cropus Christi. 2. The lines are to be placed such that no portion of the water lines will be no shallower than 42 inches from existing ground or roadway pavement and/or roadside ditches. 3. All road crossings may be installed by the open cut method. 4. 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 water lines upon sixty (60) days notice in writting. 5. 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 water lines, or the operation, maintenance or existence thereof. 6. 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 water lines 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. 7. All -rights granted hereby shall be subordinate to all uses as the City may make of such street right-of-way for public purposes. Grantee shall adjust or relocate the above described water lines, 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 writting to.Grantee, at the points above described. - 8. 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 separatelyor together. It is mutually understood and agreed that this agreement as written covers all covenants, agreements and stipulation 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 represent- ation, stipulation, covenant or agreement not herein expressed. . -2- IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of ,,1980 ATTEST: CITY OF CORPUS CHRISTI City Secretary THE STATE OF TEXAS X COUNTY. OF NUECES X By R. Marvin Townsend, City Manager 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 that he executed the same as the act of '• .. the CITY OF CORPUS CHRISTI, and as City Manager thereof, for the purposes and ' considerations therein expressed. - - • GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of •' , 1980. APPROVED: Notary Public in and for Nueces County, Texas day of , 1980 J. BRUCE AYCOCK, CITY ATTORNEY By the Assistant City Attorney The above and foregoing grant and easement is hereby accepted this. • day of , 1980, by Nueces County Nevi- - gation District No. 1, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said Nueces County Navigation District No. 1 is bound by all of the terms of the same. - ATTEST: • NUECES COUNTY NAVIGATION DISTRICT N0. 1 THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared - , known to me to be the person who signed the above' instrument and he acknowledged to me that the same was executed for the purposes By and consideration therein expressed, and in the capacity of GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the — _ , 1980. Notary Public in and for Nueces*County, Texas - 3 - • /-nrz..-7"r•-,- V L./ 9 0 11 jtq (.114Dat PAJING. 4 111 4 -J G.46 I/20N wort? rAwN \ • v.. LOOP WIT}-, C. r Co sr 8 ',.. 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L --t • - . pRopasen urn...rrY G/z3/i1 - • = pUi3L/G C.0/-/r/V.5"55 Corpus Christi, exas 4../ day of _, 1980 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, THE CY OF CORPUS CHRISTI, TEXAS The Charter rule was suspendi by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner 1 Cliff Zarsky The above ordinance was pass by the following vote: Luther Jones Edward L. Sample 1 Dr.. Jack Best . , David.Diaz Jack K. Dumphy �I. Betty N. Turner Cliff Zarsky 15960