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HomeMy WebLinkAbout027680 ORD - 04/29/2008Page I of AN ORDINANCE ABANDONING AND VACATING A 65.10 -SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF MANHATTAN ESTATES UNIT 1, BLOCK 3, LOT 2, ADJACENT TO GIANTS DRIVE E AND APPROXIMATELY 130 -FEET WEST OF THE WALL STREET AND GIANTS DRIVE INTERSECTION; REQUIRING UIF ING THE OWNERS, MR. & MRS. GASPARD, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING G AN EMERGENCY WHEREAS, Mr. and Mrs. Andre Gaspard (owners) are requesting the abandonment and vacating of a 65.10 -square foot portion of a 7.5 -foot wide utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130 -feet west of the Wall Street and Giants Drive intersection to correct an encroachment resulting from a residential structure constructed over a portion of the easement; 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, subject to the provisions below. (Exhibit A) NOW, THEREFORE, E, BE IT ORDAINED ED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 65.10 -square foot portion of a 7.5 -foot utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130 -feet west of the Wall Street and Giants Drive intersection, as recorded in Volume 65, Pages 141-143 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right-of-way is conditioned as follows: 1) Owner pay the fair market value of $161.00 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 65.10 -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; 027680 H:1LE -DIR\ hared\Jay\Ag nda1200 14-2910RD- bandori-vacateUtiIEasr t -Gaspard -M nhaft nEst.doc Page 2 of 3 3) City Gas Department has an existing 2 -inch gas line in the easement and requires that the Owner physically locate the gas line, showing the distance of the gas line from the property line and from the foundation of the house. 4) 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 29th day of April, 2008. ATTEST: CITY o CORPUS CHRISTI Armando Chapa City Secretary APPROVED ED a to form: April 21, 2008 By: JReinirof First Assistant City Attorney For City Attorney ry Garr -tt Mayor H:1LE -DIR\ hared\Ja \Agenda\ o081-2910FAD-abandon-vacateUtiIEasmt-Gaspard-ManhattanEst.doc Page 3 of 3 Corpus Christi, Texas o7: — Day of 2008 TO THE MEMBERS OF THE CITY COUNCIL CIL 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. Respecffully, Respectfully, Henry Garr Mayor Council Members 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 M Cut hon 027680 H:\LEG-D1R\ hared\Ja rlAgendal2O 1-2910RD-abandon-vacateUtiIEa mt-Gaspard-ManhattanEst.doc MURRAY BAS , JR., . ►,LP.L . NiXaN M WELSH. RE, R.. ,,. . www.ba s.w Ish.coin #+" State Texas 3034 S. ALAMEDA, ZIP 78404 PK. 361882-5521— I� FAX 1 882.2265 .� o-mafl: ri i... • BASS & WELSH ENGINEERING P.O. B071 6397 Corpus Christi. TX 78+466-6397 January 15, 2008 M8r.B3 County of 1ueoes Descriptionof a 65.10 SF tract of land, more or less, a portion of .5) Utility Bent in Lot 2, Block 3, Manhattan Estates Unit 1, a map ofwhicb is recorded in Voles 65, Pages 141443, Map Records, Nueces Corte, Texas. said 6510 SF tract of land as mer deed by metes and booms as meows; BEGINNING at the westernmost corner of tract hers described, said beginning post bears N2 0 "E 6.90' from the westernmost corner of said Lot 2, Block 3, ivianhattan Estates Unit 1; THENCE N29'00'0013 0.60' along the west boundary line of said Lot 2, Block 3, Manhattan motes Unit 1 to a pmt for the northwest corner of the tract herein descdedb 'HENCE S61°00'00'13 108.50' to a point for the easternmost corner of the tract herein l i e ,. THENCE S2°0O' 0"W 0.60' to a point for the southeast comer of the tract honk described; THENCE N 1 OO"W 108.50' to the NAM OF BEGINNING, a sketch showing said 65.10 SF tract of land being attached hereto as Exhibit 1311. 41/15dI7 \$IO 4533 %A. EXHIBIT " " Page I of 1 EXH15IT/ \-._ BROOK RD. "SITE" ia, L SLOUGH ROAD ce LT. oi m MASTER CHANNEL 31 YOR TO N BLVD, LOATION MAP ,aoo MANHAITAW ESTATES UNIT 1 LOCATION MAP CORPUS CHRISTI, TX EXHIBIT A J 4144 ri n ru CLGIANTS DR. p N Qs. • ti Q cn fl Q n 1 S29• 00' • W 153. 18' X irlm tri 2 0 �c 2 v) 0 1:32 2 0 0 z -o 2 C�1 X 1 S1 w 25' YR r 1 z Z Colw 6.1 Z . TUE U1 c P1 '1:13S0-13 3B Oi 0\ 0 z 2> 73 —11 42. m I GI GI—I z T;vrilv1488g,.. 0r,1 C >corn ��•,,F., orri 0 co L 0 z rn a z PK), as ut:i 0 0 0 X11 Cri 1 C 4s. 20 # x EXHIBIT A PJ•RIGINAL CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § Doc# 2008020381 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. 027680 passed and approved by Corpus Christi City Council on April 29, 2008 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 1st day of May, 2008. "P—a%6---- Armando Chapa City Secretary Corpus Christi, Texas g Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 65.10 -SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF MANHATTAN ESTATES UNIT 1, BLOCK 3, LOT 2, ADJACENT TO GIANTS DRIVE AND APPROXIMATELY 130 -FEET WEST OF THE WALL STREET AND GIANTS DRIVE INTERSECTION; REQUIRING THE OWNERS, MR. & MRS. GASPARD, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Mr. and Mrs. Andre Gaspard (Owners) are requesting the abandonment and vacating of a 65.10 -square foot portion of a 7.5 -foot wide utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130 -feet west of the Wall Street and Giants Drive intersection to correct an encroachment resulting from a residential structure constructed over a portion of the easement; 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, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 65.10 -square foot portion of a 7.5 -foot utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130 -feet west of the Wall Street and Giants Drive intersection, as recorded in Volume 65, Pages 141-143 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right-of-way is conditioned as follows: 1) Owner pay the fair market value of $161.00 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 65.10 -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; 027680 H:\LEG-DI R\SharedWay\Agenda\2008\4-29\ORD-abandon-vacateUtilEasmt-Gaspard-ManhattanEst.doc Page 2 of 3 3) City Gas Department has an existing 2 -inch gas line in the easement and requires that the Owner physically locate the gas line, showing the distance of the gas line from the property line and from the foundation of the house. 4) 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 29th day of April, 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: April 21, 2008 By: Reini First Assistant City Attorney For City Attorney CITY 0 CORPUS CHRISTI ,11r /ice r_ i. . e'ry Garr-tt Mayor HALEG-DI R\SharedWay\Agenda\2008\4-29\ORD-abandon-vacateUtilEasmt-Gaspard-ManhattanEst.doc Page 3 of 3 Corpus Christi, Texas Day of , 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, Respectfully, Henry Garr Mayor Council Members 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 --jiat;17 Alasaut 027680 H:\LEG-DI R\SharedWay\Agenda\2008\4-29\ORD-abandon-vacateUtilEasmt-Gaspard-ManhattanEst.doc MURRAY BASS, IR,, NIXON M. WELSH. P.S.R.PLS. www.bass-welsh.com State of Texas 3034 S. ALAMEDA, ZEP 78404 PH. 361 882-5521— FAX 361 882-1265 e-mail: nurrayjr0aol.com e-mail: pixmw(ltagl.com BASS it WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 January 15, 2008 1118&B3 County of iqueces § Description of a 65.10 SP tract of hand, more or less, a portion of a 7.5' Utility Easement in Lot 2, Block 3, Manhattan Estates Unit 1, amap of which is recorded in Volume 65, Pages 141-143, Map Records, Maces County, Texas, said 63.10 SF tract of land as further described by metes and bounds as follows; BEGINNING at the westernmost corner of tract herein described, said beginning point bears N29°00'00"E 6.90' from the westernmost corner of said Lot 2, Block 3, Manhattan Estates Unit 1; THENCE N29500'00"E 0.60' along the west boundary line of said Lot 2, Block 3, Manhattan Estates Unit 1 to a point for the northwest corner of the tract herein described; THENCE S61°00'00'13 108.50' to a point for the easternmost corner of the tract herein described; THENCE S29°00'00"W 0.60' to a point for the southeast corner of the tact herein described; THENCE N61'00'00"W 108.50' to the POINT OF BEGINNING, a sketch showing said 65.10 SF tract of land being attached hereto as Exhibit `B". Q4:••.. ///5 frig •QO�eN � . .444 * N ess�eees.•s• 4ea� .taQ' EXHIBIT "A" Page 1 of l • EXHIBIT Pt rri c-) 0 n • 11 ro CL• GIANTS DR. oz N O • 'O m N C11 O 0 7.5'UE 3.00 .00.19S O o 0 S29° 00' 00' W 153. 18' `aOsLn3 3s 01 MOOcz can " 2 o • o 11 rnrn X \moi �•L ��o I C� tT1 fi co • 0 z rn rn z C) T� u Z O •o ►- ' z `O -Di ..1 0 z «- Oo 4> m r. -1 EXHIBIT A BROOK RD. "SITE" MASTER CHANNEL 31 r.SLOUGH ROAD �i. YORKTOWN BLVD. LOCATION MAP 1" _ • 1000' MANHATTAN ESTATES UNIT 1 LOCATION MAP CORPUS CHRISTI, TX EXHIBIT A 4� Coms a,; ®egrolopmern Services/ Q Leopard, Services R¢6 corpus Christi, TX 78408 �RIGINAL 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 NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, 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# 2008020381 * Pages 8 05/08/2 8 2:26PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees 343.00