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Home My WebLink About026299 ORD - 06/14/2005 AN ORDINANCE ABANDONING AND VACATING A PORTION OF A 20-FOOT WIDE (143.76 SQUARE FEET) UTILITY EASEMENT OUT OF LOT 12, BLOCK 2, THE VINEYARDS UNIT 1A, LOCATED EAST OF AIRLINE ROAD AND SOUTH OF SARATOGA BOULEVARD; REQUIRING THE OWNER, RIGOBERTO LOPEZ, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is 143.76-square foot portion of a 20-foot wide utility easement in Lot 12, Block 2, The Vineyards Unit 1A, located east of Airline Road and south of Saratoga Boulevard, as recorded in Volume 58, Page 164, Map Records Nueces County, Texas, that the owner, Rigoberto Lopez, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 143.76-square foot portion of a 20-foot wide utility easement in Lot 12, Block 2, The Vineyards Unit 1A, as recorded in Volume 58, Page 164, Map Records Nueces County, Texas is abandoned and vacated for public use as utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1) That the Owner pay the fair market value fee of $235.00 for the abandonment and vacation of the total 143.76-square foot portion of the 20-foot wide utility easement. 2) Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. 3) Owner must maintain the easement area (approximately 60-feet) between the two manholes in the 20-foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace the sanitary sewer line. 4) Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for H:\LEG-DIRVoseph\ORD- Vineyards-av ,doc 026299 immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 14th day of June, 2005. ATTEST: THE CITY OF CORPUS CHRISTI kma~ City Secretary Hen Mayor Approved J <1. " v ~-< _ ,2005 By: I~ A t\. Joseph H rney D Assistant City Attorney , For City Attorney H: ILEG-D lR Voseph 10 RD- V ineyards-av .doc cO',,"' C"';'I;, Te'''~ \JJ~ ., -.J I day of \ vl1,'-..JL , 2005 TO THE MEMBERS OF HE 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: IlWe, 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, Respectfu lIy, Council Members The above ordinance was passed by the following vote: Henry Garrett :") . I CoG)' ,~"\ . vlFiL ) , (k)f CLc~ ! (Ut- ~~ !'h), Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott G.1Y CtJ~~./ v H: ILEG-DlR Voseph 10 RD- V ineyards-av .doc 02fl?99 Doc$* 21005047E.75 CERTIFICATE THE STATE OF TEXAS C COUNTY OF NUECES C I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 026299 passed and approved by Corpus Christi City Council on June 14, 2005 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 31st day of August, 2005. Armando Chapa City Secretary Corpus Christi, Texas (S E A L) 150 100 50 0 100 200 GRAPHIC SCALE AIRLINE ROAD NO730'00-E 806.57' IS��IN�A11,, ' SONOMA DRIVE •1 ___, II p lipt ; MENDOCINO ORNE • • / 3225 SONOMA DRIVE Map to Accompany / d. 5/8' IR FIELDNOTES for a 143.76 square feet out of Lot 12, - - / 0.13' `' Block 2, The Vineyards Unit 1A, a map of which is / 1. \ recorded in Volume 58, Page 164, Map Records of 0. \ Nueces County, Texas. rye 61 kg / 1° \ J� N / \ / SFS • / / / .i, 0 . /� 20' Y.R. O;\ ')' / G .....\ V-.14C // ^,o // \ ' ° �' lt / L7/ G / / Lot 12, Blodc 2 \ VS°.1.3 S. \ / / The Vineyards Unit 1 A \ ar'it$.i. or ` ^h N61•41'13"E/ Vol. 58, Pg. 164. Map \ IOW / Records, Nueces County, Texas \ 4f Ni Z. h�. Wt. ,$ \\ v iii \ • $�G � \ Se ,� \ .Z� - \ \\ .010 0.y� *al s t \ VPint of Fd. 5/8" IR with red `Py Begf ning $ S plastic cap stamped 3 N6�55•30eW 10' U.E 'Urban Engr C.C. TX' f 9.49' 0.27 In Conc. S60'55'30'E 30.23' - NOr30'00'E Lift Station Lot 12, Section 20 0.11' Lot 12A, Block 2 Flour Bluff & Enclnal Farm & Garden Tracts Point of The Vineyards Unit 1A Vol. A, Pgs. 41-43, Map Commencement Vol. 58, Pg. 164, Map Records, Nueces County, Texas Records, Nueces County, Texas (Owner: Southside Presbyterian Church) (Vol. 1853, Pg. 754, Deed Records, Nueces County, Texas) URBAN DATE: MAR. 17, 2005 3 0 1 ' • • 40 I —— SAL : 1"=20' JOB NO.: 39034.00.00 • m • SHEET: 1 OF 1 GRAPHIC SCALE • 272557#""134 "PUS afcsn ErAs 784°4 DRAWN BY: SB 1"=20' (. 1 -.nm Far 061)854-6001 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in File Numbe: Suence on the date was and duly intheOfficial at the l Public me Records of d herein by me ar Vueces County,Texas Sy GOURT4 n .1 COUNTY CLERK " �' NUECES COUNT'1.7•" Any provision herein which restricts the Sale,Rental or use ot the described REAL PROPERTY because of Race,Color, Religion, fp d and unenforceable under FEDERAL aLAW, 3/1tional 2189 -n n =cn clo xt c 27:44 v rs w aanr.• a x� -•4 r C$ I- -a �y rt) —4 NrVIIN• iV .-r/• n.-eco Fri o my � cn m x+--4 r7 N x-<o x - O V IU City of Corpus Christi Development Services! Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408 • Uoc{# 2005036697 HOLD HARMLESS AGREEMENT AND COVENANT STATE OF TEXAS* COUNTY OF NUECES* Whereas, the property improvements located at 3225 Sonoma Drive, Corpus Christi, Nueces County, Texas, 78414, also known as Lot 12, Block 2, The Vineyards Subdivision Unit 1A, are encroaching into a City of Corpus Christi (City) utility easement, as shown in the attached Exhibit A; and Whereas, in consideration of the City abandoning and vacating said portion of the utility easement, I, Rigoberto Lopez, (Owner) agree to hold harmless the City for any damage that may occur to my improvements at 3225 Sonoma as a result of any future utility work in the easement; Therefore, I, Rigoberto Lopez, as owner of the real property and improvements located at 3225 Sonoma Drive, Corpus Christi, Nueces County, Texas, 78414, also known as Lot 12, Block 2, The Vineyards Subdivision Unit 1A (Property), a map of which is recorded in Volume 58, Page 164, Map Records, Nueces County, Texas, agree to forever bind myself, the Property, and subsequent owners and assigns with the following covenant: OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("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 MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF UTILITIES WITHIN THE EASEMENTS ABUTTING THE PROPERTY AND IMPROVEMENTS LOCATED AT 3225 SONOMA DRIVE, ALSO KNOWN AS LOT 12, BLOCK 2, THE VINEYARDS SUBDIVISION UNIT 1A, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreement shall be construed in accordance with the laws of the State of Texas. If any portion of this instrument is held invalid, the balance shall continue in full force and effect. 1 of 2 This agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas. /t By: �',,o v�G , .,ig., erto Lopez Owner of Lot 12, Block 2, The Vineyards Subdivision, Unit 1A THE STATE OF TEXAS * COUNTY OF NUECES * r This instrument was acknowledged before me orl� jlivvs-Q--- I) , 2005 by Rigoberto Lopez as owner of the property known as Lot 12, Block 2, Vineyards Subdivision, Unit 1A, physical . •dress being 3225 Sonoma, Corpus Christi, Texas 78414. / I 6)-L9A0UfKi ,,,„ 4, Notary 'ublic in and • the State of Texas DocN 2005036697 (Seal) 1871)/21/45 Pa es 2 87/28/2805 10:46AM Official Records of NUECES COUNTY — — — —- ANN J.COLEMAN COUNTY CLERK -,`�,. Notary Public,State of Texas Fees $15.00 - F My Commission Expires of ' 08.27.2007- - - - STATE OF TEXAS DIANA T. BARRERA - COUNTY OF NUECES / I hereby certify that this instrument was FILED in File Number r.ti Y—e' Sequence on the date and at the time stamped herein by me,anu was duly RECORDED,in the Official Public Records of 614 of (r vs CA S7< Vueces County.Texas ^1 /��y, a✓llrfrieS -Ca/C(5T r+�4 p/�- w G' 6-4`+` AAr✓w COUNTY CLERK P Q, 'Sox r2 7, ;; + NUECES COUNTY,TEXAS e.c . TY. 7595<9 / Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion,Sex,Handicap,Familial Status or National Origin, is Invalid and unenforceable under FEDERAL LAW. 3/12/89 2 of 2 EXHIBIT E