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Home My WebLink About027991 ORD - 12/16/2008ORDINANCE GRANTING A TEMPORARY CONSTRUCTION EASEMENT TO ONYX PIPELINE COMPANY FOR A SEVENTY FOOT (70') WIDE STRIP OF LAND LOCATED ACROSS THE NORTHERN END OF THE CEFE VALENZUELA LANDFILL; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE TEMPORARY CONSTRUCTION EASEMENT AND OTHER RELATED DOCUMENTS FOR THE CONVEYANCE OF THE EASEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A temporary construction easement is granted to Onyx Pipeline Company for a seventy foot (70') wide strip of land located across the northern end of the Cefe Valenzuela Landfill, Texas. SECTION 2. The City Manager and/or designee are authorized to execute the Temporary Construction Easement and other related documents necessary to convey the Easement. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 16th of December, 2008. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI enry Gar ett Mayor APPROVED AS TO FORM: 08-D- 008 r By: Veronica Ocanas Assistant City Attorney for City Attorney 027991 121608 ORD Granting TCE to Onyx Pipeline Corpus Christi,'Texas rr (4day of-bat/14 1J & , 2008 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, Council Members Respectfully, i .wInLai /L enry Ga rett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 121608 ORD Granting TCE to Onyx Pipeline 027991 DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUISITION DIVISION Onyx Pipeline Temporary Construction Easement THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT the City of Corpus Christi ("Grantor") , of 1201 Leopard, Corpus Christi, Nueces County, Texas 78469-9277, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, paid by Onyx Pipeline Company, a Texas corporation ("Grantee"), of 802 North Carancahua, Suite 575, Corpus Christi, Nueces County, Texas, 78470, the receipt of which is hereby acknowledged, has conveyed, and does convey unto Onyx Pipeline Company, a Texas corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas, and being described as follows: A map showing the location of the Temporary Construction Easement is attached and incorporated as "Exhibit A". SPECIAL PROVISIONS: 1. Upon completion of the project, Grantee's contractor will restore the land to it's original condition. 2. All other structures, improvements, and fencing that are to be moved during construction will be placed back to their original locations and condition. 3. During the construction period, free ingress and egress will be maintained to the property described above. 4. Prior to construction across City property, the Grantee will provide to Grantor in writing that the insurance requirements have been met as shown on "Exhibit B". 5. Grantee shall hold harmless and indemnify Grantor against any and all claims resulting from Grantee's use of the premises. Grantee shall pay any damages associated with it's, or its agents negligence or breach of any item or condition of this agreement related to Grantee's use of the easement. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to Onyx Pipeline Company, a Texas corporation, it's successors and legal representatives, for use as a Temporary Construction Easement and Right -of -Way during the duration of the installation of one pipeline in the adjoining easement. H:\HOME\NORMAR\PROJECT\MISC. INSTRUMENTS\ONYX PIPELINE.DOC Page 1 of 5 Grantor CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 Kevin Stowers, Interim Director Department of Engineering Services THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008 by Kevin Stowers as Interim Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. (Seal) Notary Public in and for the State of Texas Grantee Onyx Pipeline Company, a Texas corporation By: (Signature) Print Name: Lary. \A/ 3o et% t�0� Print Title: -t reS tC(e r%k— H:\HOME\NORMAR\PROJECT\MISC. INSTRUMENTS\ONYX PIPELINEDOC Page 2 of 5 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on i)ecembeg 6 ,2008 by C3.CVl'.U. even, Act , as PRCSiC\eAt of Onyx Pipeline Company, a Texas corporation,,on behalf of said corporation. (Seal] Notary Punrand and oror the State Texas LYNN DORNBUSCH Notary Public State of Texas My Comm. Exp. 02/16/2009 APPROVED AS TO LEGAL FORM, THIS 1't' DAY OF ,Ct'oirt,—' , 2008. FOR THE CITY ATTORNEY By: iV� Veronica Ocafas, Assista City Attorney H:\HOME\NORMAR\PROJECT\MISC. INSTRUMENTS\ONYX PIPELINE.DOC Page 3 of 5 EXHIBIT "A" SHOWING THE taco MY WIDE E CENEN OF A PROPOSED 24• HIGH P GAB LINE WITHIN AN NSW AS RECORDED IN VOL. i84, PO EYq, D.RAIWA PROPOSED -WI WIDE TEMPORARYEASEMENT ACROSS ATRACT JLC.T. OF LAND DEEDED TO THE CITY OF CORPUS KNOWN AO THE tEFE VALENZUELA -LANDFILL A8 RECORDED IN DOCUMENTO20000361132. O.R.N.C.T. Il PM 1444 Obi Rmw.) 57 5.050 11 me 1 1 IOPLE T4+600' IRONIES FitliN TRACTS SWOON VOL 2e PLR.N.C.L VALENZUELA LANDFILL SITE OF CORPUS CHRISTI DOC #2000038832 O.R.N.C.T. WHOM It PIPELINE N4' PM{t/i espy RobedIOSk.w 110801iNiLT. Entir SRN q�.Os> ,i01! a 0awwNn Mtsinaram 0 mon Rom m • too' go.. a SOD JAC ORAPHIO CALYX MIIMAISINaingia A. ' r me nt:- . walk mitt s e`aaemt is dl hes mime Mob Me toes MSS ad ere 4tn_e WA been weed 1p io Chs, The Leas mot int Ss Mr aebremessex Okl toaaenmswakingdltkli*6mseawpYt/a[tltoastrassMerMrfoo gas ales alk Iaeehw,teammem Mesas KMlgnee, dins. eft Mb,* aim ease *Ms semi* memeemble M tie Cfy'olise. The Chyme Rkk weber d k q*.n.ma SSW WSa *rtieflwMNYei� ,AYMkM C. heIke out atsedieateof* Md. iksLas *ma * aNNW1rkkaalasotdl uspfldagnwNmswhit treptlef. ,nel eelt, satanaritseac le •ew�LaeQu�weeLaaeYana EXHIBIT B 1MjMSMm*litheel 4mWMes.am, 1411* asleiingytlunp 1 . aar�MM 4risallasmUple44. 0. 4 COMMOMICAL 1.!mbar 1. clatoodi fRAIS$us" i .... 1*aiwar . ' ea -s. 1eekestamlMMgws ma-_- 4. Calmest MS R et*_ S1 Casesikes 7. relied' AlyMeeenMww.4 A1flaMOss1 LIAINIMf Mersin , Os* leer NW. ' NNW* 00lYllsa'I11011Mr 1. WrMems* Suits trilrtw• COeOSN0A7tet1 BMurentLU1m,1Y wIMvwatfLAS mmt7m1r1ti wcst011.11 —aaI�OMIa1ACPAtw1YNlAatAIWIIOnO IetlAa IIAtsIITl aa ppYisAgs IWa N`Seta diets. • e ta,suus1 IOtO061n sa solo esdhsid Weis deelenMaednetle C. heIke out atsedieateof* Md. iksLas *ma * aNNW1rkkaalasotdl uspfldagnwNmswhit treptlef. ,nel eelt, satanaritseac le •ew�LaeQu�weeLaaeYana EXHIBIT B