HomeMy WebLinkAbout16749 ORD - 12/09/1981AN ORDINANCE
GRANTING A REVOCABLE EASEMENT TO VALERO MARKETING
COMPANY FOR THE PURPOSE OF LAYING SEVEN PIPE LINES
IN UPRIVER ROAD FROM 400 FEET WEST OF LANTANA STREET
TO APPROXIMATELY 520 FEET EAST OF NAVIGATION BOULEVARD
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 with Valero Marketing Company for the purpose
of laying seven pipe lines in UpRiver Road from 400 feet west of Lantana
Street to approximately 520 feet east of Navigation Boulevard 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. That upon written request of the Mayor or. five Council
members, copy attached, to find and declare an emergency due to the need
of executing the aforesaid easement so that the laying of the pipe lines in
UpRiver Road can begin at the earliest practicable date, such finding of
an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at
three regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this 9 day of December, 1981.
ATTEST:
`'`_' 410v
ecretary
APPROVED:
DAY OF DECEMBER, 1981
eA
U. Bruce Aycock, Cfjty Attorney
MAYIIR
THE TY OF CORPUS CHRISTI, TEXAS
16749
1SEP 2 81984
MICROFILMED_
REVOCABLE EASEMENT
THE STATE OF TEXAS T
COUNTY OF NUECES X
THAT, the City of Corpus Christi, Texas hereinafter referred to as GRANTOR,
acting by and through its duly authorized Acting City Manager, Ernest M. Briones,
for and in consideration of the sum of Fifty Three Thousand Four Hundred Dollars
($53,400.00) to it in hand paid by Valero Marketing Company, 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 Valero Marketing Company the right
-to install, operate and maintain seven (7) pipelines (1-14" diameter, 1-8" diameter,
and 5-6" diameter) within the right-of-way of Up River Road in the City of Corpus
Christi, as shown on the attached Exhibits A and B.
TO HAVE AND TO HOLD the same unto the said Valero Marketing Company, their
successors and assigns, together with the right and privilege at any and all times
to enter upon the right-of-way of Up River Road, as shown on Exhibits A and B
for the purposes of constructing and maintaining said seven (7) pipelines for
transportation of petroleum products, and it is further understood that the
foregoing easement and right is granted upon the following conditions and terms:
1. All work proposed will equal or exceed Department of Transportation Pipe -
Line Safety Standards (Part 195 - Transportation of Liquids by Pipeline - October
6, 1969 or latest revision) for the transportation of liquids by pipeline.
2. The pipelines are to be placed such that no portion of the pipelines
will be no shallower then 42 inches from existing ground or roadway pavement and/oi
roadside ditches.
3. All road crossings may be open cut.
4. Maximum operating pressure for lines will be 1200 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 pipelines upon sixty (60) 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 pipelines, or
the operation, maintenance or existence thereof.
e ae'
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 pipelines 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 ordinances 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 pipelines 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 to 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 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 repre-
sentations or statements, written or oral, have been made modifying, adding to or
Revocable Easement - Pipelines
Valero Marketing Company
Page No. 2
changing the terms hereof, and that the party securing this conveyance 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 day of
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
day of
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
APPROVED:
James K. Lontos, P.E.
Assistant City Manager
THE STATE OF TEXAS
COUNTY OF NUECES I
By
Ernest M. Briones, Acting City Manager
BEFORE ME, .the undersigned authority, on this day personally appeared ERNEST
M. BRIONES, known to me to be the Acting 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 Acting
City Manager thereof, for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
Notary Public in and for Nueces County, Texas
The above and foregoing grant and easement is hereby accepted this the
day of
, by VALERO MARKETING COMPANY, and said Grantee agrees
to keep and perform the conditions imposed by said grant and easement and said
VALERO MARKETING COMPANY is bound by all of the terms of the same.
ATTEST: VALERO MARKETING COMPANY
By
Revocable Easement - Pipelines
Valero Marketing Company
Page No. 3
THE STATE OF TEXAS
COUNTY OF NUECES
1
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
Revocable Easement - Pipelines
Valero Marketing Company
Page No. 4
Notary Public in and for Nueces County, Texas
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EXHIBIT "B."
Valero Mar/feting Co.
Corpus Christi Texas
9 day of
, 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther -Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16749