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Home My WebLink About16184 ORD - 04/08/1981jkh:4-8-81;lst AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO BAY, INC. FOR PLACING OF APPROXIMATELY 2,000 LINEAL FEET OF 4: DIAMETER SANITARY SEWER FORCE MAIN IN CORN PRODUCTS ROAD, SOUTH OF LEOPARD STREET, TO SERVE THE FIRM, ALL AS MORE PARTICULARLY 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 Bay, Inc., for placing approximately 2,000 lineal feet of 4" diameter sanitary sewer force main in Corn Products Road, south of Leopard Street, to serve the firm, 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 ease- ment 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 introduc- tion and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the 4 day of April, 1981. ATTEST: City Secretary MAYOR APPROVED: gA DAY OF APRIL, 1981: J. BRUCE AYCOCK, CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS , bSfiP z 71984 MICROFILMED !SEP 2 !;J.4 1'184 REVOCABLE EASEMENT & AGREEMENT 'THE STATE OF TEXAS J COUNTY OF NUECES J 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 Two Thousand and Ninety Two Dollars ($2,092.00) to it in hand paid by Bay Inc., 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 Bay Inc. the right to install, operate and maintain a four inch diameter PVC force main fora distance of approximately 1942 L.F. in Corn Products Road south -of Leopard'Street as shown on the attached Exhibit "A". The force -main will be used to pump sanitary_sewage to the public sewer system in-Corn--Products'Road from a private lift station operated by Grantee. TO -HAVE AND TO HOLD -the same unto the said -Bay Inc:, their successors and assigns, together with the right and privilege at any and all times to enter upon the right-of-way of Corn Products Road, as shown on Exhibit "A", for the purpose of constructing and maintaining -said four inch - force main, and .it is further understood that the foregoing easement -and right is granted upon the following conditions and terms: - 1. Plans for all work proposed will be submitted to the Department of Engineering -and Physical Development for approval. 2. The line is to be placed such that no portion of the force main will be shallower than 42 inches from existing ground or roadway pavement and/or roadside ditches. 3. Grantee will make arrangements with the Department of Public Utilities for sewer service billing before the foice..main is put into operation. 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 force main upon sixty (60) days notice in writing. 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 force main, 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 force main and the operation and maintenance thereof. Grantee will apply to the Department of Engineering & Physical Develop- ment 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 by the execution of this instrument further agrees that the property to be served by the lift station known as Industrial Heights Section 2, Block 2, Lot 5, -will not be replatted or divided in any way and extension made to provide -individual service to either a replatted lot or a partitioned portion -thereof. Should this occur, -the easement will be automatically revoked by the City of Corpus Christi. - 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.adoust or relocate the above described force main, 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. 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 separately or 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 hereofy_and_that,_the_party securinr this..convevance on_....- behalf,of Grantee is without authoritjr to make, any„_representation, stipulation.ice- _ _-,_, covenant or agreement not herein expressed. 77 --- =Revocable Easement'= Bay, Inc. Page 2 _ __ IN WITNESS WHEREOF, the City of Corpus Christi has caused these presents to be executed this the day of , 1981. ATTEST: CLTY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager THE STATE OF TEXAS I COUTNY OF NUECES 1. ' 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 NY HAND AND SEAL -OF OFFICE, this the day of 1981. - APPROVED: _js day a Notary Public in and for Nueces County, Texas J. BRUCEE YCOCK CITY ATTOR EY By G' `% L(—w. Assistant C' y ttorney s , 1981. THE ABOVE AND -FOREGOING grant and easement is hereby accepted•this the day of , 1981, by_BAY INC., and said Grantee ,agrees to keep and perform the conditions imposed by said grant and easement and said BAY INC. is bound by. all of the terms of the same. ATTEST: BAY INC. THE STATE OF TEXAS X COUNTY OF NUECES I By 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 salve was executed for the purposes and consideration therein expressed, and in the capacity of GIVEN UNDER,AIY.,HAND 1981. - _ Revocable Easement — Bay Inc. Page 3 ., Notary Public in and for Nueces County, Texas Tr- i, •I1 i;I 8" CoMPM,T617 c LKI4 H i CALIc}{f6 51.6CT tJ COMPACT , - 4z" rig. SAND BAcKWILL To 4" Albovg. Pt 4" 6ANP IatopING 4" 7vG roAcMAIN IHOLI6T2lAL HEICAHT6 6WION 2, aLocIS 2, LoT 5 Iys'' TYPE 'q' HOT MIX 1,925' GOASTAIJ TAAl 6P0M( rl r • 131;LL T>✓LE1/I-EO745. ell w___. trI Q th • GOAN I pt3oDucr6 Rb 6"G 8" W Corpus Christi, Texas - b day of , tQ , 19L_ 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. The Charter rule Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky was Respectfully, MAYOR THE CITY suspended by the The above ordinance was Luther Jones Edward .L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky F CORPUS CHRISTI, vote: following passed by the following vote: 181.84 TEXAS