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Home My WebLink About16843 ORD - 02/03/19821w:2-1-82:1st: AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO EXXON COMPANY, U.S.A., TO INSTALL, OPERATE AND MAINTAIN A 6-5/8" DIAMETER GAS LINE ACROSS GRAHAM ROAD AND TO INSTALL, OPERATE AND • MAINTAIN A 6-5/8" DIAMETER GAS LINE ACROSS LAGUNA SHORES ROAD, SAID PIPELINES TO BE PLACED IN EXISTING 12-3/4" DIAMETER CONDUIT, 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 CORFUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to * execute a revocable easement to Exxon Company, U.S.A., to install, operate and maintain a 6-5/8" diameter gas line across Graham Road and to install, operate and maintain a 6-5/8" diameter gas line across Laguna Shores Road, said pipelines to be placed in existing 12-3/4" diameter conduit, 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 for efficient administration of City affairs by the granting of the aforesaid revocable easement, 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 measure this th1iIay of February, 1982. ATTEST: C. y Secretary MAYOR 4r THE tA Y OF CORPUS CHRISTI, TEXAS 1=ED: lDAY OF FEBRUARY, 1982 J. BRUCE AYCOCK, CIT A ATTORNEY VALA BY 16813 MICROFILMED SEP 2 8 1984 REVOCABLE EASEMENT THE STATE OF TEXAS COUNTY OF NUECES I That the City of Corpus Christi, Texas, acting by and through its duly authorized Acting City Manager, Ernest M. Briones, for and in consideration of the -sum of four hundred and eighty-four dollars and no/100 dollars ($484.00) to it in hand paid by EXXON Company, U.S.A., hereinafter referred to as Grantee, said fee to be based on the fee schedule provided for in Ordinance Number 15235, receipt of. Which is hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY, upon conditions hereinafter stated, unto EXXON Company, U.S.A. the right to install, operate and maintain a 6-5/8" diameter gas line across Graham Road, 104east of Waldron Road as shown on attached Exhibits A and.13 and to install, operate and maintain a 6-5/8" diameter gas line across Laguna Shores Road, as shown on the attached Exhibits A and C. TO HAVE AND TO HOLD the same unto said EXXON Company, U.S.A., their successors and assigns, together with the right and privilege at any and at all times to enter upon the right-of-way of Graham Road and Laguna Shores Road as shown on Exhibits A, B, and C, for purposes of constructing and maintaining said pipelines, and it is further understood that the foregoing easements and rightaregranted 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 any shallower than 42 inches from existing ground or roadway pavement and/or roadside ditches. 3. All road crossings shall utilize existing 12-3/4" diameter conduit. 4. Maximum operating pressure for lines will be 1,000 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. h ''8" 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 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 enter Or leave 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. 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 stipulations between the parties and that no repre- sentations or statements, written or oral, have been made modifying, adding to, or Revocable Easement -Pipeline -EXXON Company, U.S.A. Paae 9 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 , 1982. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By , 1982 APPROVED: joller ssistant CitTHE STATE OF TEXAS ager X COUNTY OF NUECES X By Ernest M. Briones, Acting City Manager BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ERNEST M. BRIONES, Acting City Manager of the City of Corpus Christi, known to me to be the person.and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the City of Corpus Christi, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D. 1982. Notary Public in and for Nueces County, Texas The above and foregoing grant and easement is hereby accepted this the day of , 1982, by EXXON COMPANY, U.S.A., and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said EXXON COMPANY, U.S.A. is bound by all of the terms of the same. ATTEST: EXXON COMPANY, U.S.A. By Revocable Easement - Pipelines EXXON COMPANY, U.S.A. Attorney In Fact PROPOSED GYS'O.D. S/ED GAS PIPELIIIE 0 0 L'N _J Tr) EXIST. 19..4"0. D. COLIDUIT W/(1) 2.1/1." 5/160 F I PE LIblE GRAHAM ROAD WLDRol RoAD 0 I 6‘15/80 .432.'W.T. GR. B SM LS. STEEL PIPE c4''4TS.M.y. To 6X,Yod Flaw? 5L1'--- 4$ Pe,nAer P AO FP SCALE F/N REF. BK. 1118 / 2.2 DWG. REF. Vent above Gr-ounci # Peeoible Ovei-flow. 2.71 5 61 FLOW Road 91 MIN. 4! 5 GI OF (23/ce CONDUIT (WELDED JOINT) WATERTIGHT SEALS BOTH ENDS '/N REF. BK. SECTION A -A NO SCALE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE ON THE GROUND. AND THAT SAME IS TRUE AND CORRECT TO THE BEST OF MY BELIEF. EXHIBIT 13. , JOB NO. PROPOSED 65/BnaD. PIPELME cROSSINS GRAWAM ROAD NLJEcES Ca. TEXAS C. C. DIST. PRODUCTION DEPARTMENT HOUSTON, TEXAS fRINANT DESIGN WV DRAWN DT CHECKED Irf AtfROYED NY NEVIS= CIVIL ENG. DIV.CALZ SHOWN 136 guys it -/6-81 I CIVIL ENG. DN. FILE NO. CC -A-449- 4 LAGut4A, , ROAD OPERATING PRESSuRE 1000 PSI s/80 . 432 W, T. GIZ. STEEL PIPE 3?. 94 -*AT 0 SCALE F/N REF. BK. 1118/2_I Vent above Ground e Pocaible Overf/ovv. PROPosEo s/ - G.'' PipELINE LOT BLK. 55 OF EXISTING 12_?fro.D. CoNourr v/A1172/2'.‘ 5/1c-0 PIPELINE. DWG. REF. FLOW —4 -- MIN. 4' Vern' I 84 OF 123/4° CONDUIT (WELDED JOINT) WATERTIGHT SEALS BOTH ENDS 1N REF. BK. I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE ON THE GROUND, AND THAT SAME IS TRUE AND CORRECT TO THE BEST OF MY BELIEF. EXHIBIT C SECTION A -A NO SCALE JOB NO. PkOPOsED GVaII 0.D. PIPELINE CROSSINe LAGUNA SHORES ROAD c.c.-DIST. -1411ECES CO., TEXAS PRODUCTION DEPARTMENT PRIMANT DIDICR NY DRAWN NT CHECK= DT ATTIIOYED NT CIVIL ENG. DIV. zu,„ SHOWN B. e. SIT! 1 CIVIL ENG. DIV. FILE NO. CC -A-44-9 -3 Corpus Christi, T as _liday of , 1982 ---- 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; 1/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 if Or THE CI Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the fol wing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky i_c3§4.3