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Home My WebLink About16360 ORD - 07/01/1981sp;6/29/81;1t AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO VALERO TRANSMISSION COMPANY TO INSTALL, OPERATE AND MAINTAIN A THREE AND ONE-HALF INCH DIAMETER NATURAL GAS PIPELINE CROSSING SEDWICK ROAD 1,811 FEET WEST OF THE CENTER LINE OF SOUTHERN MINERALS 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. 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 Valero Transmission Company to install, oper- ate and maintain a three and one-half inch natural gas pipeline crossing Sedwick Road 1,811 feet west of the center line of Southern Minerals 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 ease- ment 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 ordi- nanceor resolution shall be read at three several meetings of the City Council, and the Mayor or Council members, 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 full force and effect fr m and after its passage, IT IS ACCORD- INGLY SO ORDAINED, this the /j) day o 3afte, 1981. ATTEST: ;‘&31V/X1—,et,,ev i '�� Secretes ry MA APPROVED: .. O DAY OF JUNE, 1981 J. BRUCE AYCOCK, CITY ATTORNEY 16360 THE'ITY OF CORPUS CHRISTI, TEXAS M1CRW ILMU . /q REVOCABLE EASEMENT THE STATE OF TEXAS X COUNTY OF NUECES X 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 no/100 dollars ($150.00) to it in hand paid by Valero Transmission Company, hereinafter referred to as Grantee, said fee to be based on the fee schedule provided for in Ordinance Number 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 condi- tions hereinafter stated, unto the Valero Transmission Company the right to install, operate, and maintain a three -and -one-half inch gas line across Sedwick Road between Southern Minerals Road and Bronco Street in the City of Corpus Christi, as shown on the attached Exhibit "A". TO HAVE AND TO HOLD the same unto the said Valero Transmission Conpany - th▪ eir successors and assigns, together with the right and privilege at any and all times to enter upon the right-of-way of Sedwick Road, as shown on Exhibit "A", for the purpose of constructing and maintaining said gas line, and it is further understood that the foregoing easement and right is granted upon the following conditions and terms:. 1. All work proposed shall equal or exceed Department of Transportation Pipeline Safety Standards (Part 195- Transportation of liquids by pipeline - October 6, 1969 or latest revision) for the transportation of liquids by ' pipeline. 2. The lines are to be placed such that no portion of the gas line will be no shallower than forty-two inches from existing ground or roadway pavement and/or roadside ditches. 3. All road crossings may be installed by the open cut method. 4. Maximum operating pressure for line will be 600 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 gas line 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 gas line, 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 pipes owned by the City of Corpus Christi or holders of any franchise from the City, by reason of the construction of said gas line and the operation and maintenance . thereof. Grantee will apply to the Director of Engineering and Physical Develop- ment for a permit before disturbing any part of any street area 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. Grantee shall adjust or relocate the above described gas line, if neces- sary, 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. 9. This conveyance and 2greement, and all the terms and provisions hereof, shall bind and inure to the benefit of Grantor and Grentee and the respective essees, 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. 10. Grantee is expressly prohibited from the sale and distribution of natural gas to consumers, whether industrial, commercial or residential, within the corporate limits of the City of Corpus Christi. It is expressly provided that, as used in this paragraph, the sale of "natural gas" shall not include the intercompany sale or transfer of either fuel gas or fueling form, used and consumed in the fractionation, heating, distilling or manufacturing process of Grantee, its subsidiaries or 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 Revocable Easement Valero Transmission Company Page ,2 to or changing the terms hereof, and that the party securing this conveyance on behalf of Grantee is without authority to make any representation, stipula- tion, covenant or agreement not herein expressed. IN WITNESS WHEREOF, the City of Corpus Christi has caused these present to be executed this the day of , 1981. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1981: APPROVED: J. Bruce Aycock, City Attorney By Assistant City Attorney THE STATE OF TEXAS X COUNTY OF NUECES X Assistant City Manager BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, know 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 Revocable Easement Valero Transmission Company Page 3 The above and foregoing grant and easement is hereby accepted this the day of , 1981, by Valero Transmission Company, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said Valero Transmission Company is bound by all of the terms of the same. ATTEST VALERO TRANSMISSION COMPANY By THE STATE OF TEXAS X COUNTY OF NUECES I 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 expresses, and in the capacity of GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1981_ Revocable Easement Valero Transmission Company Page 4 -Notary Public in and for- Nueces County, Texas NUECES COMITY TEXAS . p3?OPER7-Y OF "EL . R I N C O N DE O S O' ENRIQUE VILLARREAL 1 - 0 30' 1 0 : I. u, > ? 1 ki o Q tri .o .c o i f) O • Q X1..4 ,, - (t ▪ Ci N %NIR \t :I PLAN SCALE:NONE /VOTE: ,GAC.P'PEL//Vc F,CEP. 45N ON ,50771 .5/DE-5" OF /PAnV AT CP. Q39/N P/rte=L//JE A%'A,q,E? 6 O" MIN. --COVER 5-O M/N COVER 9 P/PE DATA 3.6'00'O.O.X0./5lo AP/ 5G GR. 5_ PEO, E,ept/, c e` V TGF -.3 - REF. DFID 0- 202 -20-1 PROFILE SCALE: NONE OUT I of I AFE NO 31081 fx/5T. G" P/L . - PI PELINE REVISED wiERo ._ENERGY coRF-ORATION -Post Office -Box 500 • - Sart Antonio. Texas 78282 Sun»nd.olr VALERO TRANSMISSION CO. PROPOSED CROSSING SEDWICK ROAD AT STA. 28t10 R.E. HAAS-NO.1 H. & F. PROPERTIES NUECES COUNTY TEXAS C.R.C. DA'C Ic•ItAS NOTED c•tc•1D a. F , DArt (p-1rJ - w: A•t•DvtD h DArt to 1002 .. 22 AFE 31081 Sheet I of I Exhibit Approved Design Engr. Approved Supervising Engr. A 202-23-I Corpus Christi,as . l," day of Pi , 19 1 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, Council Members MAYOR The City of Corpus Christi, Texas The Charter rule was suspended by t e following vote: 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 by a following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16360