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Home My WebLink About027495 ORD - 11/20/2007Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 110.20 -SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 7, BLOCK 7, THE LAKES UNIT 5D, ADJACENT TO LAKE APACHE DRIVE AND APPROXIMATELY 80 -FEET NORTHWEST EST of THE LAKE TRAVIS DRIVE E AND LAKE APACHE DRIVE INTERSECTION; N; F E UII ING THE OWNER, RONALD A. VOSS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Ronald A. Voss is requesting the abandonment and vacating a 110.20 - square foot portion of a T5 -foot wide utility easement out of Lot 7, Block 7, The Lakes Unit 5D, located adjacent to Lake Apache Drive and approximately 80 -feet northwest of the Lake Travis Drive and Lake Apache Drive intersection, in order to correct an encroachment. 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, subject to the provisions below. (Exhibit) NOW, THEREFORE, E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 110.20 -square foot portion of a 7.5 -foot wide utility easement out of Lot 7, Block 7, The Lakes Unit 5D is abandoned and vacated, subject to owner's compliance with the conditions specified in Section 2. below. A temporary utility easement is retained over, under, along, across, and through the abandoned right-of- way until the existing utilities in the easement are relocated or abandoned. The plat is recorded in Volume 57, Pages 65-66, of the Map Records of Nueces County, Texas. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1 Owner must pay the fair market value of 303.00 within 30 days of the adoption of this easement closure ordinance, on a one-time payment basis, for the abandonment and vacation of the total 110.20 -square foot portion of the 7.5 -foot wide utility easement. 2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment of the utility easement and the future maintenance of any existing public utilities in the easement, and any future public utility installations within the easement. Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas. 0 7 4, 9 5 H:\LEG-DI l hared\ ry \a enda12007111-201OI D-abandon-va ateUtilEasmt-TheLake D-2.doC 'Page 2 of 3) City Wastewater Department has an existing g 8 -inch sanitary sewer line in the easement and will require that the Owner physically locate the sanitary sewer manholes in the front and the rear of the property and tie -down the sanitary sewer line from manhole to manhole, showing the distance of the sanitary sewer line from the property fine and from the foundation of the house. 4) Owner shall maintain the area between the existing house structure and the remaining 7.5 -foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace any existing public utilities and any future utility installations within the easement. 5) Owner is required to allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public utility companies for restoration of any surface improvements and landscaping. 6) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the house. 7) Upon approval by 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 the approval of building permit and construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services. 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 20th day of November, 2007. Armando Chapa CI tit enry Ga ett City Secretary Mayor, City of Corpus Christi F CORPU CHRISTI APPROVED: November 14, 2007. } ribU Gary . Smith Assistant City Attorney For City Attorney H:\LEG-Di lsharedl ar S agenda12OO7 11- 0\O D -abandon- a ateUtilE smt-TheLakes D-2.do Page 3 of 3 Corpus Christi, Texas 020 Day of ---Nii/ 2007 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: Uwe, 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, H-nryGar Mayor Council Members The above ordinance was passed by the following vote: icie.4174- Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\LEG-DIR\ hared\ ry laganda12007\11-20\OFAD-abandon-va at UtilEa mt-Th Lak s D-2,dO 20' ALLEY [ =1721,78', =76lQ 11 sora co I g 4, I CO I P.70.101 1s P oar arar R t DI.Tf A = I. 11sfISS*41'21`E1.O 1 1O' ILE LOT 6 ExaruV[+Awp EASEMENT CLOSURE EXHIBIT A DATE 1 REVISION: CREW: & OFFICE ___ ABA__ GF Joe ik--_ 084207 SHEET 84D7 SHEET 1 OF CAL. V i R=1601.781, ►S'i LA=7 . 1 4225 LAKE APACHE DRIVE (50' FLOW) TN: moony Ila within Zane among PPM vAlich Is rp I 1 Sr Flood Ptsin. Y. 110.2 S.F. of 7.5 Foot Utility Easement within Lot 7, Block 7, The Lakes Unit 5D V. 57, P. 65.66, M OT , Corpus Christ[, Nimes County, Texas. Mfg ENNEERIM IIIQ ORIGINAL CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § Doc# 2008008979 I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Resolution No. 027495 passed and approved by Corpus Christi City Council on November 20, 2007 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, Armando Chap City Secretary Corpus Christi, Texas Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 110.20 -SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 7, BLOCK 7, THE LAKES UNIT 5D, ADJACENT TO LAKE APACHE DRIVE AND APPROXIMATELY 80 -FEET NORTHWEST OF THE LAKE TRAVIS DRIVE AND LAKE APACHE DRIVE INTERSECTION; REQUIRING THE OWNER, RONALD A. VOSS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Ronald A. Voss is requesting the abandonment and vacating a 110.20 - square foot portion of a 7.5 -foot wide utility easement out of Lot 7, Block 7, The Lakes Unit 5D, located adjacent to Lake Apache Drive and approximately 80 -feet northwest of the Lake Travis Drive and Lake Apache Drive intersection, in order to correct an encroachment. 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, subject to the provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 110.20 -square foot portion of a 7.5 -foot wide utility easement out of Lot 7, Block 7, The Lakes Unit 5D is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. A temporary utility easement is retained over, under, along, across, and through the abandoned right-of- way until the existing utilities in the easement are relocated or abandoned. The plat is recorded in Volume 57, Pages 65-66, of the Map Records of Nueces County, Texas. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Owner must pay the fair market value of $ 303.00 within 30 days of the adoption of this easement closure ordinance, on a one-time payment basis, for the abandonment and vacation of the total 110.20 -square foot portion of the 7.5 -foot wide utility easement. 2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment of the utility easement and the future maintenance of any existing public utilities in the easement, and any future public utility installations within the easement. Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas. 027495 H:\LEG-DI R\Shared\GarvS\aaenda\2007\11-20\ORD-abandon-vacateUtilEasmt-TheLakes5D-2.doc Page 2 of 3 3) City Wastewater Department has an existing 8 -inch sanitary sewer line in the easement and will require that the Owner physically locate the sanitary sewer manholes in the front and the rear of the property and tie -down the sanitary sewer line from manhole to manhole, showing the distance of the sanitary sewer line from the property line and from the foundation of the house. 4) Owner shall maintain the area between the existing house structure and the remaining 7.5 -foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace any existing public utilities and any future utility installations within the easement. 5) Owner is required to allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public utility companies for restoration of any surface improvements and landscaping. 6) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the house. 7) Upon approval by 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 the approval of building permit and construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services. 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 20th day of November, 2007. ATTESTS CITY 3F CORPUS CHRISTI Armando Chapa enry Ga ett City Secretary Mayor, City of Corpus Christi APPROVED: November 14, 2007. Gary W. Smith Assistant City Attorney For City Attorney H:\LEG-DIR\Shared\GaryS\agenda\2007\11-20\ORD-abandon-vacateUtilEasmt-TheLakes5D-2.doc Page 3 of 3 Corpus Christi, Texas // cg Day of ,(hW I1(hCA , 2007 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 H-nry Gar -tt Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ATI 0a7495 u �i Fn_nIR\sharari\c",arvs\anenda\2007\11-20\ORD-abandon-vacateUtilEasmt-TheLakes5D-2.doc .1�fre < gen0m rso.o /bFw pa # -Ss'' Z Sd r10, / d 1d 1 LAKE TRAVIS VICINITY MAP Van Canyon Charles. 20' ALLEY [R=1721.78', LA=76.001 LOT 8 w 0 N rn i+1 0 (LC=70.08') [LA=70.101 6.5' p= 00" 02 00' R =1711.78' /LA=1.00' T=0.50' r 110.2 S.F. ri c OF 7.5' U.E. $ CI TO BE CLOSED 0 o�{0 6.5' LOT 7 0 [N 57° 15' 13"E 120.00" 10' U.E. LOT 6 25' Y.R. L4 P.R.C. p= 00° 02.09" R=1601.78' LA=1.00' T=0.50' EASEMENT CLOSURE EXHIBIT A [R=1601.78', LA=70.70] 4225 LAKE APACHE DRIVE (50' R,O.W.) This property lies within Zone B according to FIRM 87 , which Is not within the 100 year Flood Plain. DATE: 10/12/07 REVISION: CREW: RS & DL OFFICE: RV & RA GF #: JOB #: 06-9207 110.2 S.F. of a 7.5 Foot Utility Easement within Lot 7, Block 7, The Lakes Unit 5D V. 57, P. 65-66, (MRNCT), Corpus Christi, Nueces County, Texas. SHEET 1 OF 2 SCALE 1" = 20' 41611442114 INtrat STATE OF TEXAS COUNTY OF NUECES JOB NO.06-9207 110.2 SQUARE FEET EASEMENT CLOSURE ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being a portion of a 7.5 foot utility easement within Lot 7, Block 7, The Lakes Unit 5D as recorded in Volume 57, Pages 65-66 of the Map Records of Nueces County, Texas, and described by metes and bounds as follows, to -wit: COMMENCING at a 5/8 inch iron rod found for the East corner of said Lot 7, same being the North corner of Lot 8, same lying in the Southwest right-of-way margin of Lake Apache Drive, same lying in a curve to the right with a radius of 1601.78 feet; THENCE, along said Southwest right-of-way margin of Lake Apache Drive and with said curve to the right, a length of arc of 6.50 feet to a point for the point of beginning of this tract, same being the Northeast corner of this tract; THENCE, along the Southeast boundary of this tract and parallel to the common boundary line of said Lots 7 and 8, SOUTH 54 degrees 43 minutes 29 seconds WEST 110.00 feet to a point for the Southeast corner of this tract, same lying in the Northeast boundary margin (a curve to the right) of a ten foot utility easement within said Lot 7; THENCE, along said Northeast boundary margin and with said curve to the right of said ten foot utility easement, a central angle of 00 degrees 02 minutes 09 seconds, a radius of 1711.78 feet, a tangent of 0.50 feet and a length of arc of 1.00 feet to a point for the Southwest corner of this tract, same being the point of intersection of said Northeast boundary margin of the ten foot utility easement with the Northwest boundary margin of the 7.5 foot utility easement within said Lot 7; THENCE, along said Northwest boundary margin of the 7.5 foot utility easement, NORTH 54 degrees 43 minutes 29 seconds EAST 110.00 feet to a point for the Northwest corner of this tract, same lying in said Southwest right-of-way margin of Lake Apache Drive, same lying in a curve to the left; THENCE, along said Southwest right-of-way margin of Lake Apache Drive and with said curve to the left, a central angle of 00 degrees 02 minutes 09 seconds, a radius of 1601.78 feet, a tangent of 0.50 feet and a length of arc of 1.00 feet to the place of beginning and containing 110.2 square feet of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition II Land Survey. Dated this the 1 day of QGTO4e:e ,j , 2007. Ronald A. Voss, Registered Professional Land Surveyor No.2293 ORIGINAL City of Corpus Christi Development Services! Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas DIANA T. BARERRA NIECES COUNTY, TEXAS Any provision herein which restricts the Sa1e, R ental or use of the described REAL PROPERTY because of Race, Color/ Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Doc# 2008008979 I Pages 7 02/27/2008 4:07PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00