HomeMy WebLinkAbout026519 ORD - 10/18/2005
AN ORDINANCE
ABANDONING AND VACATING A 300-SQUARE FOOT PORTION OF A
12.5-FOOT WIDE UTILITY EASEMENT OUT OF LOT 22, BLOCK 4,
SOUTH SHORE ESTATES, UNIT 7, LOCATED SOUTHEAST OF THE
INTERSECTION OF OCEAN DRIVE AND PALOMA STREET;
REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 300-square foot portion of a 12.5-foot wide utility easement out of
Lot 22, Block 4, South Shore Estates, Unit 7, located southeast of the intersection of
Ocean Drive and Paloma Street, as recorded in Volume 28, Page 52, Map Records
Nueces County, Texas, that Susan Hawn (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 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 300-square foot portion of a 12.5-foot wide utility easement out of
Lot 22, Block 4, South Shore Estates, Unit 7, located southeast of the intersection of
Ocean Drive and Paloma Street, as recorded in Volume 28, Page 52, Map Records
Nueces County, Texas, is abandoned and vacated for public use as a utility easement,
subject to Owner's compliance with the following specified conditions as part of the
abandonment and vacation:
1 The Owner shall pay the fair market value of $600.00 for the abandonment and vacation
of the total 300-square feet of the 12.5-foot wide utility easement.
2) The Owner's expenses related to this easement closure are approximate cost estimates
at this time. Owner will be responsible for the payment of all actual costs to relocate the water
line by the Water Department as part of the utility easement closure on Lot 22, Block 4, South
Shore Estates, Unit 7.
3! The property owner authorizes the City of Corpus Christi to place a lien on the property,
which will run with the land and be binding against any and all assigns and successor's in
Interest, for all costs incurred by the City for the relocation of the existing 8-inch water line and
payment of fair market value if not paid within 30 days.
4) Owner must execute and comply with all of the conditions as set forth in the attached
Hold Harmless Agreement and Covenant
5} 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
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construction, an up-to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
6 Owner must comply with all the specified conditions of the ordinance within 180 days of
Council approval; however, the Director of Development Services may extend the time limit for
an additional 180 days if extenuating circumstances outside the Owner's control necessitate an
extension
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
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 18th day of October, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
I~
Armando Chapa
City Secretary
~~.~
HtKnry Garr
Mayor
Approved October 13, 2005
By: ~ aOnkL
a;:;w. Smith
Assistant City Attorney
For City Attorney
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Corpus Christi, Texas
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,2005
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: IfWe, 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 by the following vote:
Henry Garrett
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Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
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Rex A. Kinnison
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John E. Marez
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Jesse Noyola
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Mark Scott
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HOLD HARMLESS AGREEMENT AND COVENANT
STATE OF TEXAS*
COUNTY OF NUECES*
Whereas, the property improvements located at 302 Cape Henry Drive, Corpus
Christi, Nueces County, Texas, 78412, also known as Lot 22, Block 4, South
Shores Estates Subdivision Unit 7, 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, Susan Hawn, (Owner) agree to hold harmless the City for
any damage that may occur to my improvements at 302 Cape Henry Drive as a
result of any future utility work in the easement;
Therefore, I, Susan Hawn, as owner of the real property and improvements
located at 302 Cap Henry Drive, Corpus Christi, Nueces County, Texas, 78412,
also known as Lot 22, Block 4, South Shores Estates Subdivision Unit 7
(Property), a map of which is recorded in Volume 28, Page 52, 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 302 CAPE HENRY DRIVE,
ALSO KNOWN AS LOT 22, BLOCK 4, SOUTH SHORES ESTATES
SUBDIVISION UNIT 7, 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
This agreement is a covenant running with the land and shall be recorded in the
Official Public Records of Nueces County, Texas.
, Unit 7
THE STATE OF TEXAS
*
COUNTY OF NUECES *
This instrument was acknowledged before me oD.J- I a zcx:s:::: ,2005
by Susan Hawn as owner of the property known as Lot 22, Block 4,
South Shores Estates Subdivision, Unit 7, physical address being 302 Cape
Henry, Corpus
Christi, Texas 78412.
(Seal)
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EXHIBIT A
EASEMENT CLOSURE
LOT 22, BLOCK 4
SOUTH SHORES ESTATES UNIT 7
CAPE IIENR Y
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PR P SED UTILITY EASEMENT
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EXHIBIT A
EASEMENT CLOSURE
LOT 22, BLOCK 4
SOUTH SHORES ESTATES UNIT 7
E)oc# Eø56313
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. 026519 passed and
approved by Corpus Christi City Council on October 18, 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 21st day of October, 2005.
J
Armando Chapa •
City Secretary
� ;" ►5 Corpus Christi, Texas
(S 'E A L)`
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All information hereon is for the use of the Buyer, Title Company, and Lender in connection with this
• transaction only, and may not be relied upon for any other purpose. No license has been created,
express or implied, to copy the survey, which is void after six months from this date.
Copyright: October 14, 2005.
. POINT OF
BEGINNING
N 29'02'15" E
5' UTILITY EASEMENT COMMENCING
POINT
/ /
N 29'02'15" E
5.00'
0 0
LOT 22 O
ci
BLOCK 4 (D PORTION OF
EASEMENT
111 TO BE CLOSED
in to
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NO. DATE REVISIONS APPVD
1/4_____\Ala. ,ad ,4,04.., EXHIBIT TO ACCOMPANY
EASEMENT CLOSURE
Michael Haas LOT 22, BLOCK 4
Registered Professional Land Surveyor SOUTH SHORE ESTATES UNIT 7
Texas No. 2033 CORPUS CHRISTI, NUECES COUNTY, TEXAS
VOLUME 28, PAGE 52, MAP RECORDS
HAAS SURVEYING
3.370 AVE. A, INGLESIDE, TEXAS 78362, PH. (OFF.) 361-776-7007
(FAX) 361-776-6946. (DIGITAL) 361-774-7870
DRAWN BY: LLH SCALE: 1-=20 FT. SHEET NO.
APPV'D- BY: DATE: 10-14-05 1 OF 1 I
COMP. 050570A JOB NO. 050570A
•
•
HAAS SURVEYING
Michael Haas, RPLS, LSLS Telephone: (361) 776-7007
3370 Ave. A Digital: (361) 774-7870
Ingleside, Texas 78362 Fax: (361) 776-694
October 12, 2005 Job. #050570
PROPOSED EASEMENT CLOSURE
FIELDNOTE DESCRIPTION of a portion of a 12.50 foot utility easement along the
northeasterly side of Lot 22, Block 4, South Shore Estates Unit 7, Corpus Christi,
Nueces County, Texas, as shown by map recorded in Volume 28, Page 52, Map
Records:
COMMENCING at the north corner of said Lot 22; THEN, along the northwesterly
boundary of said Lot, SOUTH 29 degrees-02 minutes-15 seconds WEST, 12.50 feet;
THEN, SOUTH 60 degrees-57 minutes-45 seconds EAST, 5.00 feet to the intersection
of said 12.50 foot easement with a 5.00 foot utility easement along the northwesterly
side of said Lot, for the POINT OF BEGINNING;
THEN, NORTH 29 degrees-02 minutes-15 seconds EAST, 5.00 feet;
THEN, SOUTH 60 degrees-57 minutes-45 seconds EAST, 60.00 feet;
THEN, SOUTH 29 degrees-02 minutes-15 seconds WEST, 5.00 feet;
THEN, NORTH 60 degrees-57 minutes-45 seconds WEST, 60.00 feet to the POINT OF
BEGINNING.
CONTAINING 300 square feet.
NOT VALID WITHOUT ORIGINAL INK SIGNATURE AND IMPRESSION SEAL.
COPYRIGHT 10-12-2005
•
.cP� ''G%S' •
/� -Iy'o
,.. / . * Fp•t�
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I ` MICHAEL HAAS 1
,��ct el Haas, RPLS, LSLS
.,icerse No. 2033 �<••�, 2033 P. .' ,
7~ 9,yOfESS10.. Q
SUR��
Doc# 2005060313
# Panes 7
11/18/2885 18:82AM
Official Recordsof
NUECES COUNTY
DIANA T. BARRERA
•
COUNTY CLERK
Fees $25.88
STATE OF TEXAS
COUNTY OF NUECESber
I hereby certify that this instrument was FILED ihereinbyNumb,and
Seouence on the date and at the time stamped Y
was duly RECORDED,in the Official Public Records of
Nueces County,Texas
COUNTY CLERK
•
NUECES COUNTY,TEXAS
Any provision herein which restricts the Sale,Rental Case
•
of the described REAL PROPERTY because of Race,
Religion,Sex,Handicap,Familial Status or National Origin,is
invalid and unenforceable under FEDERAL LAW 3/12189
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HOLD HARMLESS AGREEMENT AND COVENANT
STATE OF TEXAS*
COUNTY OF NUECES* Doe#i 200511160314
Whereas, the property improvements located at 302 Cape Henry Drive, Corpus
Christi, Nueces County, Texas, 78412, also known as Lot 22, Block 4, South
Shores Estates Subdivision Unit 7, 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, Susan Hawn, (Owner) agree to hold harmless the City for
any damage that may occur to my improvements at 302 Cape Henry Drive as a
result of any future utility work in the easement;
Therefore, I, Susan Hawn, as owner of the real property and improvements
located at 302 Cap Henry Drive, Corpus Christi, Nueces County, Texas, 78412,
also known as Lot 22, Block 4, South Shores Estates Subdivision Unit 7
(Property), a map of which is recorded in Volume 28, Page 52, 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 302 CAPE HENRY DRIVE,
ALSO KNOWN AS LOT 22, BLOCK 4, SOUTH SHORES ESTATES
SUBDIVISION UNIT 7, 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.
This agreement is a covenant running with the land and shall be recorded in the
Official Public Records of Nueces County, Texas.
By:% . i` ' -7_ Ara. 11
Susan Hawn
Owner of Lot , Block 4,
South Shores Estates Sub. 'sio , Unit 7
THE STATE OF TEXAS *
COUNTY OF NUECES *
This instrument was acknowledged before me ora4--
' ID 20(- , 2005
by Susan Hawn as owner of the property known as Lot 22, Block 4,
South Shores Estates Subdivision, Unit 7, physical address being 302 Cape
Henry, Corpus
Christi, Texas 78412.
le
Allrag
Notary Public in and or i e - •f Texas
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EXHIBIT A II
EASEMENT CLOSURE
LOT 22, BLOCK 4
SOUTH SHORES ESTATES UNIT 7
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EXHIBIT A
EASEMENT CLOSURE
LOT 22, BLOCK 4
SOUTH SHORES ESTATES UNIT 7
DocN 2005060314
M Pages 5
11/18/2865 ie:82N1
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $21.86