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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