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Home My WebLink About16846 ORD - 02/03/1982lw;2-1-82;1st AN ORDINANCE GRANTING A REVOCABLE EASEMENT TO CHAMPLIN' TRADING COMPANY FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF TEN PIPELINES CROSSING MUELLER, HUISACHE, NOAKES AND GIBSON STREETS AND POTH LANE, 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 Champlin Trading Company for the installa- tion, maintenance and operation of 10 pipelines crossing Mueller, Huisache, Noakes and Gibson Streets and Poth Lane, 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 "P." 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 the._ day of February, 1982. ATTEST: -4em:4t C ecretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS PR ED: DAY OF FEBRUARY, 1982 J. BRUCE AYCOCK, CITY ATTORNEY 16816 gEP 8 1984 MICROFILMED REVOCABLE EASEMENT THE STATE OF TEXAS COUNTY OF NUECES 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 Five Thousand Six Hundred Twenty Nine and 27/100 Dollars (S5,629.27) to it in hand paid by Champlin Trading Company, here- inafter 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 con- fessed, has GRANTED, SOLD and CONVEYED, and by these presents does CRANT, SELL and CONVEY, upon the conditions hereinafter stated, unto the said Champlin Trading Company the right to install, operate and maintain ten (10) pipelines (2 - 4" diameter, 6 - 6" diameter, 1 - 8" diameter and 1 - 10" diameter) within the right-of-ways of Mueller Street, Poth Lane, Huisache Street, Noakes Street and Gibson Street, in the City of Corpus Christi, as shown on the attached Exhibit TO HAVE AND TO HOLD the same unto the said Champlin Trading Company, their successors and assigns, together with the right and privilege at any and all times to enter upon the right-of-ways of Mueller Street, Poth Street, Huisache Street, Noakes Street and Gibson Street, as shown on Exhibit "A" for the purposes of constructing and maintaining said ten (10) 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 beanyshallower than 42 inches from existing ground or roadway pavement and/or roadside ditches. 3. All road crossings may be cut open. 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 "•:cf3.`.19' 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 of existence thereof. 7. Grantee will repair or cause to be repaired any damage to any street, sidewalk, 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 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 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 - Revocable Easement - Pipelines Champlin Trading Company Page No. 2 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. 11. It is understood that the work within the public rights-of-way previously described is part of a pipeline system which includes construction of ten (10) pipelines within the right-of-way of Interstate Highway 37 from a point approxi- mately 3,260 feet westerly of Lantana Street to a point approximately 85 feet easterly of Poth Lane as shown on the attached Exhibit "B". GRANTEE shall perform all work within the above described limits in accordance with any requirements imposed by the Texas Department of Highways and Public Transportation, the Federal Highway Administration, and Condition 7 as stated herein. It is mutually understood and agreed that this agreement as written covers all covenants, agreements andstipulationsbetween the parties and that no repre- sentations or statements, written or oral, have been made modifying, adding to or 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 , 19_. ATTEST: CITY OF CORPUS CHRISTI By City Secretary Ernest Briones, Acting City Manager APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY By , 19 Assistant City Attorney APPROVED: es K. L tos P. sistant City Manager Revocable Easement - Pipelines Champlin Trading Company Page No. 3 THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared ERNEST 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 , 19 , by Champlin Trading Company, and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and said Champlin Trading Company is bound by all of the terms of the same. ATTEST: CHAMPLIN TRADING COMPANY By THE STATE OF TEXAS 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 expressed, and in the capacity of GIVEN UNDER MY RAND AND SEAL OF OFFICE, this the day of 19 . Revocable Easement - Pipelines Champlin Trading Company Page No. 4 Notary Public in and for Nueces County, Texas .. • . ..- ,,- -- . ......,<--- - -; ',..... if ...v..f."-- ........*. , . 2_, - • A •-...,, "'• • / . ...:' ' • , ' I ....' '''',•-l. , // , ,.,, ...."/ ,•,. • // • /7-• ' /.- • - . . , „ • ' • - .• , t - -3/ • 1-1 --.--.--__ , ,••• / • • EXHIBIT A CHAIIPLIN TRADING CO . •. • i,' i _ , " • , . /(' . t'e" • j . • • d - • ' :11 :1' EXHIBIT B CHAMPLIN TRADING CO. Corpus Christi, T as 4.241 day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1982 -- 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 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll,;wing vote: Luther Jones dif Betty N. Turner /. Jack K. Dumphy Af Bob Gulley I Herbert L. Hawkins, Jr. Av. Dr. Charles W. Kennedy 1,_ Cliff Zarsky 16846