HomeMy WebLinkAbout17826 ORD - 09/14/1983AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT WITH
THE SOUTH TEXAS WATER AUTHORITY; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute
an easement agreement with the South Texas Water Authority for the South
Texas Water Line Project, Parcel A -2b -P, A -2b -C, all as more fully set forth
in the easement agreement, 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 granting the aforesaid 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 September,
1983.
ATTEST:
.--55:0ee5:11k/erieee
ecretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
Iqtk DAY OF SEPTEMBER, 1983
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assis
t City Attorney
17826
SEP 2 81984
MICROEILMED,.
JUTH TEXAS WATER LINE PROJECT (1982) ,
Parcel A -2b -P, A -2b -C
THE STATE OF TEXAS
COUNTY OF NUECES
§
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT THE CITY OF CORPUS CHRISTI, TEXAS, a municipal
corporation, duly incorporated under and by virtue of the laws of
the State of Texas (hereinafter referred to as the "Grantor"), for
and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)
and other valuable consideration to it paid by the SOUTH TEXAS WATER
AUTHORITY (hereinafter referred to as the "Grantee"), a
conservation and reclamation district and body politic existing by
virtue of the Constitution and the laws of the State of Texas, whose
address is P.O. Box 1701, Kingsville, Kleberg County, Texas, the
receipt and sufficiency of which is hereby acknowledged, has granted
and conveyed and by these presents does grant and convey unto the
Grantee, its successors, assigns and legal representatives the
unlimited, free and uninterrupted use, liberty, privilege, right-
of-way and easement for the purpose of laying, constructing,
inspecting, maintaining, altering, operating, replacing and
removing a pipeline or line with necessary fittings, appliances and
other appurtenances incidental thereto, for the transportation of
raw and treated water and sewage, for municipal, domestic,
agricultural, industrial or any other useful purposes, which right-
of-way and easement shall be of a width of forty feet (40')'in, on,
upon, over, along, across, under and through a certain tract of land
situated in Nueces County, Texas, and being described as follows:
All of that certain parcel or tract of land being more
particularly described in Exhibit "A" attached hereto and
made a part hereof for all purposes;
Together with a temporary construction easement located
alongside of and adjacent to the above described right-
of-way and easement to be used for working room,
stockpiling and storage of materials and equipment,
constructing, assembling and stringing of pipe, and
operating construction machinery equipment in
constructing a pipeline for the transportation of water.
Said temporary construction easement shall be terminated
upon the final completion of all construction of said
water pipeline, and upon said completion, the Grantee
agrees to provide a letter of release of the temporary
construction easement, if requested by the Grantor.
Page 1 of 8
F. 0:19
A map of the easement and temporary construction easement
is shown on Exhibit "B" and made a part hereof for all
purposes.
There is included in this grant and conveyance the right of the
Grantee, from time to time, to lay, construct, inspect, maintain,
alter, operate, replace and remove additional pipelines or lines for
the purposes herein set forth, provided, however, such additional
pipelines or lines shall be subject to the same rights, privileges
and conditions as herein provided.
By the acceptance of this right-of-way and easement, the
Grantee agrees to pay for all reasonable damages which may be caused
to growing crops of the Grantor or its agriculture tenant, and
fences, arising from the construction, maintenance, operation,
repair, replacement, removal or relocation of any pipeline or line.
Payment for any such damage shall be made to the Grantor or to the
Grantor's tenants, as their interests may appear. Except as above
provided, the Grantor does hereby release the Grantee from any
normal, foreseeable and necessary damages which may be done to the
surface of the above described property within said easement and
temporary construction easement in connection with the construction
of said water pipeline.
The Grantee agrees to bury all pipelines or lines so that they
will not interfere with the cultivation of said land, and will
provide a minimum of 30 inches of cover at the City drainageway
within this easement grant. The Grantee shall conduct all
excavation and backfilling of materials in such a manner as to
preserve desirable topsoil and/or sod and to dispose of any rocks
and similar excavated materials which are in excess of that required
for backfilling. The Grantee agrees, in excavating any trench in
which to lay a pipeline or line, to separate the topsoil from the
subsoil, caliche, rocks or other foreign matter, and in refilling
said trench, to refill first with rocks, subsoil and other foreign
matter and to refill with topsoil so that the topsoil will be
substantially restored to its former location as nearly as may be
practicable, provided, however, in the event that in the course of
"Easement Agreement"
S TX WATER LINE PROJ
parcel A -2b -P -C
Page 2 of 8
excavating any trench, the Grantee uncovers topsoil at a depth of
twenty-one inches (21") or greater, then the Grantee further agrees
that the top twenty-one inches (21") of said trench shall be
backfilled with that topsoil previously segregated from the trench
excavation. In refilling any trench, the Grantee agrees to leave a
slight mound over the trench, so that when the soil settles, the land
over the trench will be substantially the same level as the
surrounding lands, but if it shall, thereafter, at any time during a
period of one (1) year from date hereof, settle, wash or erode,
causing a depression over the trench, the Grantee agrees to further
backfill the. trench and smooth the surface of the land to
substantially its former level.
After completion of construction, all of the hereinabove
described property within the easement and temporary construction
easement granted herein shall be substantially restored to its
original condition as of that date on which the Grantee commenced
construction.
The Grantee shall have all other rights and benefits necessary
or convenient for the full enjoyment or use of the rights herein
granted, including but without.limiting the same to, the free and
full right of ingress'or egress on, over, across, to and from said
right-of-way and easement, and the right from time to time to remove
all obstructions that may injure, endanger or interfere with the
maintaining, servicing, repairing, constructing, removing and
inspecting any pipeline or line.
The Grantee accepts this grant and conveyance with the
understanding that the Grantor, its legal representatives,
successors and assigns, after completion of the construction as
above mentioned, shall not be restricted with respect to the use of
the surface of the above described property, provided, however, that
no building, permanent structure (which term shall not include
railroad tracks, road surfacing, culverts, gutters, parking lots
and sidewalks), land fill or dumpsite may be created thereon by the
.Grantor, its legal representatives, successors and assigns; and
"Easement Agreement"
S TX WAn ( LINE PRAT
Parcel A -2b -P -C
Page 3 of 8
further provided, that the Grantor covenants that it will not convey
any other right-of-way, easement or conflicting rights within the
area covered by this grant and conveyance, except such rights-of-way
and easements for the sole purpose of providing ingress and egress
to and from the Grantor's adjacent property, provided, that such
rights-of-way and easements shall intersect the easement granted
hereby at an angle of not less than thirty degrees, that the Grantor
shall deliver to the Grantee prior written notice setting forth the
nature of such rights-of-way and easements and that the Grantor
shall furnish to the Grantee a metes and bounds legal description of
that area of the easement granted hereby to be affected.
Notwithstanding anything contained herein to the contrary, all road
surfacing, culverts, gutters, parking lots, sidewalks, railroad
tracks and other improvements permitted to be placed on the surface
as herein provided, and all grants and conveyances of any rights-of-
way and easements by the Grantor shall conform to all applicable
federal, state, municipal and governmental laws and regulations.
The Grantor covenants to pay all expenses to install and maintain
any surface or underground appurtenances, casing, facilities or
materials required by said laws and regulations or as may be deemed
necessary by Grantee to protect any pipelines or lines from and
against the risk of damages that may result from the aforementioned
improvements, rights-of-way and easements.
In the event any of the Grantee's pipelines rupture, break or
leak excessively in or near said easement described by this grant,
Grantee agrees to repair or pay for the repair at Grantee's expense,
any damage in said easement.
The Grantor and the Grantee agree that this grant and
conveyance contains the entire agreement between the parties and
that no representation or statements, verbal or written, have been
made modifying, adding to or changing the terms of this Easement
Agreement.
To have and to hold said right-of-way and easement, unto the
said Grantee, its successors, assigns and legal representatives, so
"Easement Agreement"
S TX WATER LINE PROD
Parcel A -2b -P -C
Page 4 of 8
long as the rights, privileges and easements herein granted and
conveyed, or any of them shall be used by, or be useful to the
Grantee, its successors, assigns and legal representatives for the
purposes herein granted; and the Grantor hereby binds itself, its
legal representatives, successors and assigns to warrant and
forever defend all and singular said right-of-way and easement unto
the said Grantee, its successors, assigns and legal representatives
against every person whomsoever lawfully claiming or to claim the
same or any part thereof.
IN WITNESS WHEREOF, this Easement Agreement is executed on
this day of , 1983.
CITY OF CORPUS CHRISTI, TEXAS
By:
ATTEST:
Name: Bill G. Read
Title: City Secretary
Name: Edward A. Martin
Title: City Manager
APPROVED AS .TO LEGAL FORM THIS ) 1
DAY OF , 1983.
J. BRUCE AYC , CITY ATTORNEY
rj
By
. W- oFFi N, Arent City Attorney
Accepted for the South Texas Water Autho a conservation
and reclamation district and body politic existing by virtue of the
Constitution and the laws of the State of Texas, this day of
, 1983.
South Texas Water Authority
By:
"Easement Agreement"
S TX WATER LINE PROD
Parcel A -2b -P -C
Page 5 of 8
Tom Brown, Executive Director
THE STATE OF TEXAS
§
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of
, 1983, by Edward A. Martin, as City Manager of the
City of Corpus Christi, Texas.
THE STATE OF TEXAS
COUNTY OF NUECES
§
Notary Public in and for
the State of Texas
Typed or printed name of
Notary
My Commission Expires:
This instrument was acknowledged before me on the day of
, 1983, by Tom Brown, Executive Director of the
South Texas Water Authority, a conservation and reclamation
district and body politic existing by virtue of the Constitution and
the laws of the State of Texas, on behalf of the South Texas Water
Authority.
Notary Public in and for
the State of Texas
Typed or printed name of
Notary
My Commission Expires:
"Easement Agreement"
S TX WATER LINE PROM
Parcel A -2b -P -C
'Page 6 of 8
EXHIBIT "A"
STATE OF TEXAS FOR: South Texas Water
Authority
COUNTY OF NUECES
Permanent Easement
A -2B -P
0.0036 Acre of Land
FIELD NOTES for a 40' permanent easement here designated parcel A -2B -P
and being out of a 1.608 acre -bract conveyed from Central Power &
Light Company to the City of Corpus Christi, Texas by deed dated
December 3, 1982 and recorded in Vol. 1847, P. 1008 of the Deed
Records of Nueces County, Texas and also being out of the "GREGORIO
FARIAS" GRANT, A-592, Nueces County, Texas. Said 0.0036 acre of land
being more particularly described by metes and bounds as follows:
. BEGINNING at a point in the North line of said 1.608 acre tract, for
the N.W. corner of this 40' permanent easement and from whence the
South corner of Lot 18, Block 1 of the Davis Subdivision a -plat of
which is recorded in Vola6, P. 10 of1the Mand Nc rds40f - Nueces
County, Texas bears N-09-4
81.57';
THENCE, S -54°-34'-01"-E, along the North line of said 1.608 acre
tract, a distance of 44.41' to a point for the N.E. corner of this 40'
permanent easement; _
THENCE, S -09°-45'-39"-W, across said 1.608 acre tract, a distance of
4.24' to a point in the South line of said 1.608• acre tractr and the
South line of a 12.52 acre tract conveyed from Kittie Wolfe Gentry to
Central Power & Light -Co. by'deed•dated December 11, 1972 and recorded
in Vol. 1450, P. 944 of the Deed Records of Nueces County "
, Tpe;
the S.E. corner of this 40' permanent easement;
THENCE, N -53°-40'-21"-W along the South•line of said 1.608 acre tract
and the South line of said 12.52 acre tract, a distance of 44.72' to a
point for the S.W. corner of this 40' permanent easement;
THENCE, N -09°-45'-39"-E, across said 1.608 acr,e:,'tract, a distance of
3.52' to the PLACE OF BEGINNING and containing 0.0036 acre of land.
I do hereby certify that these field notes_ represent a survey made
upon the ground under my direction and are true and correct to the
best of my knowledge.
Date: 3/o?P/X._3'
"Easement: Agreement"
S TX WATER LINE PRAT
Parcels A -2b -P -C
Signed:
Registered Pub is Surt2yor
COYM &REH ,fin_ ERING CO., INC.
7
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A-592
- Cma(athon Easement
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PIPEL/NE EASEMENT PLAT
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PARCEL A -28-P
Owner: City of Corpus Christi
/80/ N Chaparral Sl.
Corpus Chr/sli, Texas 7840/
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PARCEL A-2
Owner: Centro/ Power and Light Co.
/20NChaporral St.
Corpus Chisli, Texas 78401
.-2B-5 Permanent Easement 00056 Acres
A -29-C Construction Easement 00/20 Acres
A-2-5 Permanent easement 0/76/ Acres
A-2-0 Ca o ract/0I £asemenl 04621 Acres
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COMM & REHMET ENGINEERING INC. •
Corpus, Christi, Texas
day of
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
MAYOR
THE CITY 0 ORPUS CHRISTI, TEXAS
The above ordinance was passed
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
the following vote:
1:7 82 6