HomeMy WebLinkAbout027495 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
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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
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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