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Home My WebLink About16235 ORD - 05/13/1981TEXAS: AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO HENDERSON PETROLEUM CORPORATION dba COLORADO HENDERSON PETROLEUM CORPORATION FOR INSTALLING A 2 -INCH GAS LINE IN HOLLY ROAD SOUTH OF RODD FIELD ROAD, 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. i BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, 1 SECTION 1. That the City Manager be and he is hereby authorized to execute a revocableeasement to Henderson Petroleum Corporation dba I Colorado Henderson Petroleum Corporation, for the purpose of installing a w I 2 -inch gas line in Holly Road, south of Rodd Field Road, 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 I � imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its r i introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor or Council Members, 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 1 day of May, 1981. (3 ATTEST: y Secretary APPROVED: /3 DAY OF MAY, 1981: 1 J. BRUCE AYCOCK, CITY ATTORNEY i- 1 16235 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED SEp27 ig REVOCABLE EASEMENT THE STATE OF TEXAS COUNTY OF NUECES T 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 One hundred fifty and 00/100 dollars ($150.00) to it in hand paid by Henderson Petroleum Corporation dba,Colorado Henderson Petroleum Corpora- tion 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 Colorado Henderson Petroleum Corporation the right to install operate and maintain one -(1)-two-inch (2") diameter -gas line crossing Holly Road in the City of Corpus Christi, as shown on the attached Exhibit "A". TO HAVE AND TO HOLD the same unto the said Petroleum Corporation, their successors and assigns, -and privilege at any and all times to enter upon the_ Colorado Henderson together with the right right-of-way of Holly Roadas shown on Exhibit "A", for the purpose of constructing and maintaining said pipeline for transportation of petroleum products,.and it is further under- stood that the foregoing easement and right is granted upon the following con- ditions and terms: 1. All work proposed will equal or exceed Department of Transporta- tion Pipeline Safety Standards (Part 195 - Transportation of Liquids by Pipeline - October 6, 1969 or latest revision) for the transportation of liquids by pipeline. I 2. The pipelines are to be placed such that no portion of the pipe - I lines will be no shallower than 42 inches from existing ground or roadway pavement and/or or roadside ditches. 3. The road crossing may be open cut. 4. Maximum operating pressure for lines will be 40 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 ninety (90) 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 or 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 i 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 ordinance applicable. 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 pipelines, 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 markers 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. - 2 - 10. Grantee is expressly prohibited from the resale or redistribu- tion of natural gas to consumers, whether industrial, commercial or residential. 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, used and consumed in the fractionation, heating, distilling, or manufacturing process of Grantee, its subsidiaries and affiliates. 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 con- veyance 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 1931. ATTEST day of CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED(t40 (Department Head) dx.0 APPROVED 1 day of , 1981 7. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES I 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 1981. Notary Public in and for Nueces County Texas - 3 - Notary - The above and foregoing grant and easement is hereby accepted this the day of , 1981, by Colorado Henderson Petro— leum Corporation, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said is bound by all of the terms of the same. ATTEST COLORADO HENDERSON PETROLEUM CORPORATION THE STATE OF. TEXAS X By COUNTY. OF NUECES 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 and consideration therein expressed, and in the capacity of GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of , 1981. — 4 — Notary Public in and for Nueces County vxo Max e..,y. rr.II, par Q1 ur '1 %1 CB rig d = 12 s.o.mnr..wrt»n cor.,w.rrl.e ,79 52 .+c. Do..a 51 Coo.cr 2 glRNti^a, 'RT DR U.S. Gar•l. OE UH IOR. k Patricia Ray Peterson Nuss Christy Ann Peterson Brown Oscar aour 'i ' I - ` Henrietta T. --Carr 1/2 r t Jeff Carr_1/4-1 William E. Carl, Trustee 1/4 • , Ki 55.42 515 Rt. 9148 At. Merrvor81 P 8#,821- 1 15 A:arrierrt r Kaemtl 8 01782 Kapott! Htnri.11o r corn e Cor/I O.l r9+7 50 Cc. Merrionho KacItl 1 / / / ./ / . I / / . 7J.2 At. Fiona tech B Mar/ Coe* Frohlich EXEI LBIT "A" - Corpus Christi, Texas 0 day of 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Respectfully, MAYO= The Ci -y of Corpus Christi, Texas , 196% Council Members The Charter rule was Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky suspended by the following vote: passed by the 16235 following vote: