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Home My WebLink About021800 ORD - 11/16/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT DEED TO THE CITY OF MATHIS FOR THAT CITY'S INSTALLATION OF WATER TRANSMISSION LINES; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi, by prior contractual agreement to provide the City of Mathis with raw water, is further bound to grant the City of Mathis those easements necessary to operation of Mathis' water treatment plant and related facilities, without cost; NOW, THEREFORE, 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 grants of two easements to the City of Mathis for purposes of water transmission, a substantial copy of which is attached hereto as Attachment "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 immediate action necessary for the efficient and effective administration of City affairs, by the granting of the subject easement to the City of Mathis so that City may timely meet federal deadlines to secure project funding, 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 16th day of November, 1993. ST: City Secretary MAYOR CITY OPUS CHRISTI APPROVED: /U DAY OP-4.a/ft , 1993 JAMES R. BRAY JR., CITY ATTORNEY By Se (fad Assistan City Attorney iakitiaMEVit 021600 1 EASEMENT D® STATE OF TEXAS KNOW ALL BY THESE PRESFNIS: COUNTY OF SAN PATRICIO That the CITY OF CORPUS CHRISTI, TEXAS, whose address is P. O. Box 9277, Corpus Christi, Texas 78469, Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by the presents, does GRANT, SELL and CONVEY, unto the CITY OF MATHIS, TEXAS, a municipal corporation, Grantee, whose address is 411 E. San Patricio Avenue, Mathis, Texas 78368: An easement covering that 0.648 acre tract, more or Tess, lying and being situated in the County of San Patricio, State of Texas, and more particularly described on Exhibit "A" attached hereto; and An easement covering that 0.099 acre tract, more or less, lying and being situated in the County of San Patricio, State of Texas, and more particularly described on Exhibit "B" attached hereto. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the above named Grantee, its successors and assigns, forever, and the Grantor hereby binds itself, its heirs, representatives, and assigns, to specially warrant and forever defend all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under it, but not otherwise. The rights and privileges herein granted for public purpose benefit shall include authorization of the construction, operation, repairing, maintaining and rebuilding a water transmission line. In the event the property is no longer used for water transmission line purposes, all right, title and interest in the property held by Grantee, its successors and assigns, shall revert to Grantor, its successors and assigns. This conveyance is subject to all lawful restrictive covenants, and easements, if any, of record in the office of the County Clerk of the county in which said land is located and presently in force and affecting said land. THERE IS ALSO EXCEPTED HEREFROM ALL OIL, GAS AND OTHER MINERALS, IF ANY, UNDER SAID PROPERTY, WHICH ARE EXPRESSLY RESERVED TO GRANTOR, ITS SUCCESSORS AND ASSIGNS. THE PROPERTY HEREIN IS BEING PROVIDED "AS IS" AND 'WITH ALL FAULTS." NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS BEING MADE AS TO THE F17NESS FOR USE OR OCCUPANCY OF THE PROPERTY DESCRIBED HEREIN. Executed the _ day of , 1993. ATTEST: City Secretary CITY MANAGER APPROVED: //ti DAY OF Walositae, , 1993 JAMES R. BRAY JR., CITY ATTORNEY By f Svt 4yR/Ult.42/ Assistant ity Attorney AKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI This instrument was acknowledged before me on , 1993, by , City Manager/ Deputy City Manager, of the City of Corpus Christi, a municipal corporation in the State of Texas, on behalf of said municipality. \SF\180.ORD.aar F Printed Name: Commission Expires: ATTACHMENT A Notary Public, State of Texas FIELD NOTES FOR A 20.00 FOOT UTILITY EASEMENT Field notes for the center line of a 20.00 foot utility and raw water intake station easement and sanitary control easement being out of the M.P. & J.N. Delgado Grant, A-4, San Patricio County, Texas. Said easement being out of a 164.89 acre tract conveyed from J. A. Henderson to the City of Corpus Christi by deed dated October 19, 1927 and recorded in Vol. 93, Pages 77-78 of the Deed Records of San Patricio County, Texas. Said easement also being out of a 51.9 acre tract described in a deed from F. E. Henderson to Howard Denison dated October 27, 1942 and recorded in Vol. 132, Page 223 of the Deed Records of San Patricio County, Texas. Said center line of said easement is more particularly described by metes and bounds ad follows: BEGINNING: At the north east corner of the existing City of Mathis, Raw Water Pump Station. Said corner also being the end of a 20.00 footcentral power and light company easement; S81'20'59" west, 15.00 feet along the existing north fence of the pump station site; N07'40'01" west 375.01 feet with the existing raw water line to a point set for the point of beginning and the center line of the said 20.00 foot utility easement; 557'12'22" west, 692.95 feet along the center line of the 20.00 foot easement to a point set for a turn to the left in this easement; THENCE: THENCE: THENCE: THENCE: S12'12'22" west, 719.18 feet along the center line of this easement, into Lake Corpus Christi, along a wooden pier and an old dam structure to the end of the pier and this easement, containing 28242.62 sq. ft. or 0.648 acres more or less. Raul H. Garcia Registered Professional GARCIA & WRIGHT CONSULTING ENGINEERS, INC. 407 W. RHAPSODY SAN ANTONIO, TEXAS 78216 (210)349-5253 **MA8/F-NOTES/UTILI7 \1 V; 3ai Land Surveyor'#3255 ="c .. 1v0t3U3}23 NOV1993 co REBEL! ?3 WATER EXHIBIT ' B ' PROJECT REFERENCE CITY OF MATHIS WATER SYSTEM IMPROVEMENTS JOB #MA203 EXHIBIT "A" METER AND HOUNDS DESCRIPTION FOR A 0.099 AC. TRACT (20' WATERLINE EASEMENT) Being a tract of land out of that 65.5 Ac. tract of land conveyed to the City of Corpus Christi from Arthur C. Jones dated August 24, 1934, recorded in Volume 105, Pages 153 and 154, Deed Records of San Patricio County, Texas; said tract of land being situated in the City of Mathis, San Patricio County, Texas and being more particularly described as follows: BEGINNING: At a 5/8" iron pipe found at the most south- westerly corner of that 5.79 Ac. tract" of land conveyed to the City of Mathis from the City of Corpus Christi in an Exchange Deed recorded in File No. 412978 of the San Patricio County Deed Records; said 5.79 Ac. tract being the site of an existing water plant; said found 5/8" iron pipe also being the most southeasterly corner of the tract herein described; THENCE: N75'14'40"W, 213.00 feet along the southerly line of the aforementioned 65.5 Ac. tract to a 1/2" iron pin set on the southeasterly R.O.W. line of F.M. 1068, said 1/2" iron pin being the most southwesterly corner of the tract herein described; THENCE: THENCE: THENCE: N31'42'40"E, 20.91 feet leaving the southerly line of said 65.5 Ac. tract and continuing along the aforementioned southeasterly R.O.W. line to a 1/2" iron pin set for the most northwesterly corner of the tract herein described; 575'14'40"E, 219.12 feet leaving the southeasterly R.O.W. line of F.M. 1068 to a 1/2" iron pin set on the northwesterly line of the aforementioned 5.79 Ac. tract; said 1/2" iron pin being the most northeasterly corner of the tract herein described; 546'11'00"W, 23.44 feet along said northwesterly line to the POINT OF BEGINNING and containing 0.099 Ac. of land, more or less. GARCIA & WRIGHT CONSULTING ENGINEERS, INC. 407 W. RHAPSODY SAN ANTONIO, TEXAS 78216 (210)349-5253 *MA7/F-NOTES/0.099 sional Land Surveyor #3650 'PROJECT REFERENCE CITY OF MATHIS WATER SYSTEM IMPROVEMENTS JOB #MA203 EXHIBIT "B" Corpus Christi, Texas day of � � 4) � C_ Ywb� , 19 CI:3 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed Mary Rhodes Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \forms\045 MAYOR THE CITY 6F CORPUS CHRISTI by the following vote: a 0218u0 ft,Y