HomeMy WebLinkAbout20128 ORD - 12/22/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN EASEMENT GRANT TO SEADRIFT
PIPELINE CORPORATION CONSISTING OF A 20 -FOOT WIDE EASEMENT
FOR THE INSTALLATION OF APPROXIMATELY 4,700 FEET OF 10 -INCH
AND 12 -INCH DIAMETER PIPELINE AND A 50 -FOOT BY 100 -FOOT LONG
SECTION OF EASEMENT FOR A VALVE SITE ON PROPERTY OWNED BY
THE CITY OF CORPUS CHRISTI SUBJECT TO THE APPLICANT'S
PAYMENT OF A $4,992 FEE FOR USE OF THE CITY PROPERTY; 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 grant to Seadrift Pipeline Corporation consisting of a 20 -foot wide
easement for the installation of approximately 4,700 feet of 10 -inch and 12 -inch
diameter pipeline and a 50 -foot by 100 -foot long section of easement for a valve
site on property owned by the City of Corpus Christi, all as more fully set
forth in the easement grant, a substantial copy of which is attached hereto and
made a part hereof, marked Exhibit A, and subject to the applicant's payment of
a $4,992 fee for use of the City property.
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 abovementioned easement grant 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 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
19 .
ATTEST:
City Secretary
MAXOR
APPROVED: 7/A DAY OF a (e n,, be,, , 19 7
HAL GEORGE, CITY ATTORNEY
By L - ,6 l /c ezr
Assistant City Attorney
204rp076.ord
THE CITY OF CORPUS CHRISTI, TEXAS
20128 MICROFILMED
EASEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
That the City of Corpus Christi, Texas, hereinafter called "City", for
and in consideration of the sum of Four Thousand Nine Hundred Ninety Two and
no/100 Dollars ($4,992.00) to it in hand paid by Seadrift Pipeline
Corporation, hereinafter called "Grantee", the receipt of which is hereby
acknowledged, have granted and conveyed, and by these presents do grant and
convey unto the Seadrift Pipeline Corporation, a Delaware Corporation,
successors and legal representatives, the free and uninterrupted use,
liberty, privilege, and easement of going in, on, over, under, and along
certain tracts of land situated in Nueces County, Texas, and being as
described below:
Tract 1: 20 foot wide easement
CENTERLINE DESCRIPTION FOR 10" PIPELINE, CITY OF CORPUS CHRISTI, TEXAS.
A centerline description for a pipeline crossing lands owned by the City
of Corpus Christi in the Gregorio Farias Grant, Abstract 592, in Nueces
County, Texas. Said lands being described in two parcels: Parcel (1)
being a 4.92 acre tract described in the Deed from Tom C. Bickham, et
ux, in Volume 1370, page 27, dated May 25, 1970, and Parcel 2 (called
Tract 2-B) being a 13.963 acre tract taken in a condemnation judgment
from Clyde Jennings, et ux, dated Novembwer 24, 1954, recorded in Volume
I, pages 571/576, of the Deed Records of Nueces County, Texas. Said
centerline being more particularly described as follows:
COMMENCING at the most Easterly Corner of said 13.963 acre tract; THENCE
with the North property line of said tract, a distance of 192.3 feet to
a point for the Point of Beginning; THENCE South 24° 41'50" West a
distance of 1033.2 feet to the Point of Exit; said point being 19.6
feet, measured along the South line of said 4.92 acre tract from an iron
pipe found in the edge of the Missouri Pacific Railroad East
right-of-way line. The length of centerline being 1033.2 feet or 62.6
rods.
Tract 2: 20 foot wide easement
CENTERLINE DESCRIPTION FOR PROPOSED 10" PIPELINE, City of Corpus
Christi, Texas. COMMENCING at the Northwest Corner of a 60 -foot wide
water main servitude owned in fee by the City of Corpus Christi, said
point being on the South right-of-way on Interstate Highway 37 (formerly
Leopard Street); THENCE 171.6 feet in a Southerly direction along the
Westerly property line to the Point of Entry; THENCE North 61° 57'19"
East a distance of 86.2 feet to the Point of Exit. Said point being
114.0 feet along the Easterly property line from the Northeast Corner of
said servitude for a total of 5.2 rods in length.
Tract 3: 20 foot wide easement
CENTERLINE DESCRIPTION FOR PROPOSED PIPELINE (25.7 rods 10" and 201.1
rods 12") CITY OF CORPUS CHRISTI. A description of the centerline of a
pipeline crossing a 37.806 acre tract and a 46.595 acre tract of land
Easement
Seadrift Pipeline Corp.
PaiP 1 of d
„46. A
owned by CITY OF CORPUS CHRISTI, as described in Volume 672, page 346,
and Volume 1224, page 73, of the Deed Records of Nueces County, Texas.
Said property being in the Gregorio Farias Grant, Abstract 592. Said
centerline being more particularly described as follows:
COMMENCING at an interior Southerly Corner of the above described tract
of land and being also the Northwest Corner of the adjoining Charles J.
Smith and Michael E. Johnson property; THENCE Southwesterly along the
Smith and Johnson Westerly property line a distance of 296.7 feet to the
Point of Entry; THENCE North 21°27'30" West a distance of 18.9 feet to a
point; THENCE North 31°03'50" East a distance of 304.4 feet to a point;
THENCE North 83°48'44" East a distance of 964.4 feet to a point; THENCE
North 24°09'31" East a distance of 1132.0 feet to a point; THENCE North
21°41'36" East a distance of 1321.8 feet to a Point of Exit on the most
Northerly property line of the above described tract, said point being 25
feet Easterly from the most Northerly Northwest Corner of said tract; for
a total of 3741.5 feet or 226.8 rods on the above described property.
Tract 4: 50 foot x 100 foot easement
SURFACE EASEMENT - CENTERLINE (Tract N -122-N) FOR VALVE SITE. COMMENCING
at an interior Southerly Corner of the above described tract of land and
being also the northwest Corner of the adjoining Charles J. Smith and
Michael E. Johnson property; THENCE Southwesterly along the Smith and
Johnson Westerly property line a distance of 296.8 feet to a Point of
Entry; THENCE North 20°27'31" West a distance of 18.9 feet to a point;
THENCE North 31°03'30" East a distance of 304.4 feet to a point; THENCE
North 83°48'44" East a distance of 50.5 feet to the Point of Beginning;
THENCE North 06°11'16" East a distance of 25 feet to a point for the
Northwest Corner of the herein described surface easement; THENCE North
83°48'44" East a distance of 100 feet to a point for the Northeast
Corner; THENCE South 06°11'16" East a distance of 50 feet to a point for
the Southeast Corner; THENCE South 83°48'44" West a distance of 100 feet
to a point for the Southwest Corner; THENCE North 06°11'16" West a
distance of 25 feet to the Point of Beginning for a total of 0.11 acre.
CENTERLINE DESCRIPTION OF EXISTING ROAD TO BE USED TO SERVICE VALVE SITE.
Said road beginning at a point on the North right-of-way of Up River Road
a distance of 21.0 feet along the right-of-way line from the point of
intersection of said right-of-way line with the Westernmost Southeast
property line of the 37.806 acre tract which is owned by City of Corpus
Christi; THENCE North 06°02'01" East a distance of 76.6 feet to a point;
THENCE North 35°35'11" East a distance of 350.5 feet to a point; THENCE
leaving the existing road at North 83°48'44" East for a distance of 49.0
feet to a point on the West line a valve site, said point being a
distance of 12.5 feet from the Northwest Corner of said valve site.
A 50 foot wide temporary construction easement centered on the proposed
pipeline is hereby also granted for working room during construction and shall
terminate upon completion of construction.
The easement hereby granted to the said Grantee, its successors and
assigns, shall include the right and privilege at any and all times to enter
upon the public property as shown on Exhibit A for the purpose of
Easement
Seadrift Pipeline Corp.
Page 2 of 4
constructing, keeping, maintaining or encroaching said structure, fixture or
improvement, and it is further understood that the foregoing easement and
right is granted upon the following conditions and terms:
1. Grantee shall repair or cause to be repaired any damage to any
street, sanitary 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 such construction of keeping of said structure,
fixture or encroachment and the operation and maintenance thereof. Grantee
shall apply to the Department of Engineering Services for a permit before
disturbing any part of the easement area and perform the work in accordance
with this permit and all City ordinances applicable.
2. All rights granted hereby shall be subordinate to all uses as the
City may make of any such public property, easement or other land used for
public purposes. Grantee shall adjust or relocate the above described
structure, fixture or encroachment, 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.
3. Grantee shall fully indemnify, save and hold harmless the City of
Corpus Christi, its officers, employees, and agents (hereinafter "the
Indemnitees") against any and all liability, damage, loss, claims, demands and
actions of any nature whatsoever on account of personal injuries (including,
without limitation on the foregoing workers' compensation and death claims),
or property loss or damage of any kind whatsoever, which arise out of or are
in any manner connected with or are claimed to arise out of or be in any way
connected with, the performance of this Agreement, unless such injury, loss or
damage shall be caused by the sole negligence of Indemnitees. Grantee shall
at its own expense investigate all such claims and demands, attend to their
settlement or other disposition, defend all actions based thereon and pay all
charges of attorneys and all other costs and expenses of any kind arising from
any such liability, damage loss, claims, demands, and actions.
4. This conveyance and agreement, and all of the terms and provisions
hereof, are covenants running with the aforementioned land, and shall bind and
inure to the benefit of Grantor and Grantee and the respective lessees,
licensees, successors and assigns of Grantee. Grantee, his successors and
assigns, is hereby expressly given and granted the right to assign the rights
and easements herein granted and conveyed to any person, firm, corporation,
partnership or other entity.
WITNESS MY HAND this the day of , 1987.
Craig A. McDowell, City Manager
Easement
Seadrift Pipeline Corp.
Page 3 of 4
THE STATE OF TEXAS §
COUNTY OF NUECES §
Before me, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Craig A. McDowell, City
Manager of the City of Corpus Christi, Texas, known to me to be the person and
official whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity stated.
1987.
Given under my hand and seal of office this day of
Notary Public in and for the State of Texas
APPROVED: GRANTEE: SEADRIFT PIPELINE CORPORATION
7.M day of fece'n (/ , 1987
By:
.14,477 t fit
Assistant City Atto
THE STATE OF TEXAS §
COUNTY OF NUECES §
Before me, the undersigned authority, a Notary Public in and for the
Sta of Te as,, on this day personally appeared , ,4 j,d K
as 4/� of Seadrift Pipeline Corporation, known to
me to be the person and official whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity stated.
Given under my hand and seal of office this } jj day of -Te�,c
1987.
Easement
Seadrift Pipeline Corp.
Page 4 of 4
Notary PubliQ' n and fgjr"the State of Texas
BARBARA J. FOSE
/jam y--) 7 -0
EXI- 'A'
19.6'
NUECES COUNTY , TEXAS
GREGORIO FARIAS GRANT, A-592
EMMA
BICKHAM
TRACT N-122 J
CITY OF CORPUS CHRISTI
62.6 RODS
S.24° 41' 50°W. 1033.2'
. PROPOSED 10° PIPELINE
MAURICE
BYERLY, et ux
FIELD 600K 2600, Pgs.II d 12
111
TECHSTAFF /NC.
811 DALLAS,SUITE 707 HOUSTON,TX. 77002
n MI 1T
L.T. M.
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SEADRIFT PIPELINE CORPORATION
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PROPOSED 10" PIPELINE ACROSS
CITY OF CORPUS CHRISTI PROPERTY
NUECES COUNTY, TEXAS
MU POMO
MAVII1 WOO KY.
REV.
DATE 10-13-87_
APPROVED-rjr.)
643
3101 193
EXHIBI
NUECES COUNTY, TEXAS
GREGORIO FARIAS GRANT , A - 592
N.61 ° 57.19° E.
86.2'
HIGHWAY 1- 37
_0
PROPOSED
10" PIPELINE
TRACT N-I22J2
CITY OF
CORPUS CHRISTI
5.2 RODS
FIELD BOOK 2600, PAGE 23
TECHSTAFF /NC.
811 GALLAS, SUITE 70T HOUSTON,TX. 77002
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SEADRIFT
PIS If* lei
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DATE
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PIPELINE CORPORATION
MR IAVACA:RYAS
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10-15-87
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PROPOSED 10" PIPELINE ACROSS
CITY OF CORPUS CHRISTI PROPERTY
NUECES COUNTY, TEXAS
IXXATO1
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SITE
643
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3101208
NEV.
EXHIB A'
NUECES COUNTY , TEXAS
GREGORIO FARIAS GRANT, A-592
TRACT N -122 N_
CITY OF CORPUS CHRISTI
226.8 RODS
PROPOSED 10" 9 12" PIPELINE
SEE DETAIL"A'
964
N 31°03' 50" E
304.4'
N 21027'31"W
18.9'
3°4844"E
2" IRON PIN
• CHARLES J. SMITH a
' J MICHAEL E.JOHNSON
4
N.83° 48'44'E.. -.10d
N.06°11' 16"E:-'50' S.06° I I' 16"
S. 83°48'44"Er100'
DETAIL "A"
N. T. S.
25.7 RODS - 10" PIPELINE
201.1 RODS -12" PIPELINE
N/
VECES RIvEF
25'
Io
N
M
UPRIVER ROAD
FLD. BK. NO. 2600 , PGS. 15 - 17
TECHSTAFF /NC.
811 DALLAS,SUITE 707 HOUSTON,TX, T7002
FAWN IT
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9-22-87
WALL
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SEADRIFT PIPELINE CORPORATION
Pa BOX a1 Port LAVAGTU(AS
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PROPOSED 10°81 12" PIPELINE ACROSS
CITY OF CORPUS CHRISTI PROPERTY
NUECES COUNTY, TEXAS
REV. 1
DATE 10- 14 - 87
,APPROVED: -ITy1J
soot Mr,aot
LtCATION 1 LIT[ i SUMER643
ACV.
3101199
1
Corpus Christi, Texas /�I .� -"'' �,
o` A day of LQ['2iiLX.tDO , 198 7
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,
f/Daly
iAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
99.045.01
Council Members
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
g2.C.1
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Sl avi k LAAIL/�
Linda Strong
oby
ia),/t
20128