HomeMy WebLinkAbout16308 ORD - 06/10/1981AN ORDINANCE
AMENDING ORDINANCE NO. 15624, APPROVED JULY 9, 1980,
TO SUBSTITUTE REVISED CONTRACTS CORRECTING AN ERROR
IN THE ORIGINAL CONTRACTS WITH THE STATE GENERAL
LAND OFFICE FOR WATER LINE EASEMENTS ON STATE SUB-
MERGED LAND ACROSS OSO BAY AND LAGUNA MADRE, ALL AS
MORE FULLY SET FORTH IN THE CORRECTED 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 Ordinance No. 15624, passed and approved by the
City Council on July 9, 1980, be amended so as to substitute revised contracts
correcting an error in the original contracts with the State General Land
Office for water line easements on state submerged land across Oso Bay and
Laguna Madre, all as more fully set forth in the revised, corrected contracts,
a substantial copy of each being attached hereto and made a part hereof,
marked Exhibits "A" and "B", respectively.
SECTION 2. The necessity to correct the contracts authorized by
Ordinance No. 15624, as aforesaid, at the earliest practicable date creates
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 or Council members,
having declared that such 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 ACCORDINGALY SO ORDAINED, this the /D day of June, 1981.
ATTEST:
y Secretary
APPROVED: ( ODAY OF JUNE, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
MICROFILMED
16308 SEP `4 71984
STATE.OF TEXAS
COUNTY OF TRAVIS
Kenewdl U7 mc-i,o7
CONTRACT FOR EASEMENT ON STATE_LAND-
MISCELLANEOUS EASEMENT NO. ME -80-235,
X
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. O. Box 9277, Corpus Christi, Texas 78408 Phone: 512-884-3011..
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 lineorlines, 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, acrosssaidState 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 agqd.the southeast boundary of State Tract "A", said point being 140 feet
northda t 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).
1.
Exa. -4
(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 160 ± rods_in
length, and Grantee hereby agrees to pay to the State of Texas
$ 4.00 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 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 tore-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
andegressto 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
ATTEST:
day of , 19
City Secretary
THE STATE OF TEXAS
By
Commissioner of the
General Land Office LESSOR
CITY OF CORPUS CHRISTI
APPROVED: By
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
STATE OF TEXAS X
COUNTY OF TRAVIS X
R. Marvin Townsend, City-Mana.er
G'•.TEE
Approved
Dept. ead
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., 19 .
Notary Public in and for
Travis County, Texas
STATE OF TEXAS X
COUNTY OF NUECES X - °
BEFORE ME, the undersigned authority, a notary public
in and for said county and state, on this day personally
of the City of Corpus Christi,
appeared R. Marvin Townsend, City Manager/ , 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 June , A.D.., 1981.
Notary Public in and for
Nueces County, Texas
_Hs
•
•
TF..ACT .1 TRACT
O5 D j BAY
I �
I'
91
WATER LINE
CROSS/NG
2
1
CORPUS
} 1 +CHR/S7/
CORPUS CHR/ST/
WS4TER L/NE
CROSS/NG
727,390 N
2,353,775 C
725,750 N
2,381,395 C
X
R.R
_ GENERAL PLAN
SCALE /N FEET
0 2000
' SUB+NARIWE
ERL INC GROSS/HG
30 •
454, Q
LOCATION MAP
GULF OF
MEXICO
SCALE /N /v!/LES
0! 2 3 4 5
NOTE:
DITCH ro BE DUG BY
• DRAGL/NE WORK/NG ON MATS.
TRENCH TO BE BACKFILLED SO
AS NOT TO RAISE GENERAL BED
. OF BAY MORE THAN 6 /NCHES.
20_ Top OF P/PE TO'BE BUR/ED Nor
LESS THAN 2.5' BELOW BAY_80770M
/0
//MNW 2.02'
—MLW 0.0
SECT/ON
SCRL ES /N FEET
O 2pO0
1 1 I
0
NOR/21
20
VERT.
1 1 1
/O PROPOSED SUBMARINE
WATER L/NE CROSS%NG
ACROSS OSO BRY
!N TRE CITY OF CORPUS CHRIST/
COUNTY OF NUECES, STATE OF TEXAS
APPL/CAT/ON BY C/TY OF CORPUS 'CHR/STI
NOVEMBER 10, 19G9
STATE OF TEXAS
CONTRACT FOR EASEMENT ON STATE LAND
MISCELLANEOUS EASEMENT NO. ME -80-236_
X
COUNTY OF TRAVIS X
Renewal of ME -1990
(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
hereinafter called GRANTEE, his heirs, successorsorassigns,
an easement for a right of way for the following purpose, to -wit:
24" diameter domestic water line
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
Nnprec County, Texas, to -wit:
Being a strip of land in and across State Tracts 16, 17, 28, 19, 44, 51 & 61
See detailed description attached hereto.
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.
1
2
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).
46`(14- 't3'
(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., 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 1,085 rods_in
length, and Grantee hereby agrees to pay to the State of Texas
$ 3.00 per lineal rod per 10 year period, totaling $3.255.00
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 tore -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 roperty. -
(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
✓4,'•.3-'-4,1'0
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 , 19 .
ATTEST:
City Secretary
THE STATE OF TEXAS
By
Commissioner of the
General Land Office LESSOR
CITY OF CORPUS CHRISTI
APPROVED: By
J. BRUCE AYCOCK, CITY ATTORNEY R. Marvin Townsend, City Manager
GRANTEE
By
Approved;
Assistant City Attorney (Dept. Head)
—STATE -OF -TEXAS --
.COUNTY
STATE -OF TEXAS""COUNTY OF TRAVIS
X
X
BEFORE ME, the undersigned authority, a notary public in
and forsaid 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., 19
Notary Public in and for
Travis County, Texas
,:,:.:STATE OF TEXAS"' X
• COUNTY OF NUECES
X
BEFORE ME, the undersigned authority, a notary public
in and for said county and state, on this day personally
City of Corpus Christi,
appeared R. Marvin Townsend, City Manager;/ , 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 June , A.D., 1981.
Notary_Public in_and for_
Nueces County, Texas
pp_ 3,:RIPTION Q' TI -TE CENTERLINE: OF AN EASEMENT FC/I1 A W4TI;R
• I.,;la (Size 15" of Alternate 241 ACROSS LAGUNA AQFepkiE
13eg p g at point at the east end of a dedicated road, cd id lanint pe1,n�,
t nin a .
24, feet, more or less, in a southerly direction from, and perpendicular
d alar
to the north line of State Tract Number 17, and said p g
679 feet, more or less, in a westerly direction frorr}1 and pe{•po'ujiot'i ar'
to the east line of State Tract Number 17;
Thence S 76° 56' 48" E, at 91 feet, more or less, a point ig the nertli line
of Tract 17, also being a point in the south line of Tract 16, pt 704 feet,
more or less, a point in the east line of Tract 16, also bring a Milt in
the west line of tract 28, at 5, 057 feet, more or lest, a point in the po{•}li
line of Tract 28, also being a point in the south line of Tract 29, in all
5, 995 feet, more or less, a point for corner, said point being in Stare
Tract 29;•
• Thence S 63° 57' 57" E at 180 feet, more or less, a point ip the -east line
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 distanpe of 8, 061 feet, more or less, to
• point for the end of this easement, said point being 592 feet, more or less,
in a northerly direction from, and perpendicular tor -the south.lipe 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 of Tract Num.
be 51, C4o-fd'41"X- S l03 7 S7''E, .9'7" �.�� �•
�.��.�° �� �� = i oaf
c(f
Corpus Christi, Te 00
/0 day of , , l9 O/
•
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,
Council Members
Respectfully,
MAYOR
The City of Corpus Christi, Texas
The Charter rule was suspended by the following
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
vote:
16308