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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. Dcrxo ST E.IJ.D 1�� MT[ 9-16-87 sae.[ I = 200' SEADRIFT PIPELINE CORPORATION Pa amt Mt P T LAVAUITIXAM ARCA a 141012 118? snap 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 afHVN n LTM SEADRIFT PIS If* lei .O NW DATE 34H4 I"=100' PIPELINE CORPORATION MR IAVACA:RYAS WET SnailARICw 10-15-87 mi PROPOSED 10" PIPELINE ACROSS CITY OF CORPUS CHRISTI PROPERTY NUECES COUNTY, TEXAS IXXATO1 p NIOQ SITE 643 I IA VD ) W 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 MTH ocon if E . D. aATc 9-22-87 WALL I ".50d SEADRIFT PIPELINE CORPORATION Pa BOX a1 Port LAVAGTU(AS .m K 1m1 U CT iTfaa CCM MICA 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