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.. ,,. .
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State Texas
3034 S. ALAMEDA, ZIP 78404
PK. 361882-5521— I� FAX 1 882.2265
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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.
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EXHIBIT " "
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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".
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EXHIBIT "A"
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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