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Home My WebLink About027720 ORD - 06/10/2008Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 124.36 -SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF BENT TREE SUBDIVISION, BLOCK 2, LOT 15, ADJACENT TO BRETSHIRE DRIVE AND APPROXIMATELY 153 -FEET SOUTH OF THE RAVEN HILL ROAD AND BRETSHIRE DRIVE INTERSECTION; REQUIRING THE OWNERS, ROY HRANICKY AND RUBY LOU HRANICKY, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Roy Hranicky and Ruby Lou Hranicky (Owners) are requesting the abandonment and vacating of a 124.36 -square foot portion of a 7.5 -foot wide utility easement out of Bent Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and approximately 153 -feet south of the Raven Hill Road and Bretshire Drive intersection to correct an encroachment resulting from a wooden 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 124.36 -square foot portion of a 7.5 -foot utility easement out of Bent Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and approximately 153 - feet south of the Raven Hill Road and Bretshire Drive intersection, as recorded in Volume 49, Pages 142-143 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) Owners must pay the fair market value of $342.00 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 124.36 -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 into the utility easement, providing for the future maintenance of any existing public utilities in the easement, and any future public utility installations within the easement. The Owners 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; 027720 H:1LEG-DIR1SharedWay\Agenda1200816-101ORD-abandon-vacateUtilEasmt-Hranicky-BentTree.doc Page 2 of 3 3) Owners must maintain the area between the existing wooden structure and the remaining portions of the 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 or interfere with any future utility installations within the easement. 4) 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. 5) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the house. 6) 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 Deputy Director 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 10th day of June, 2008. ATTEST: 9M'\Wt1c (€, Armando Chapa �jA Henry Garre City Secretary w Mayor CITY OF CORPUS CHRISTI APPROVED as to form: June 2, 2008 By: R. -y ' eining First i ssistant ity Attorney For City Attorney H:ILEG-DIR\Shared\JaylAgenda1200616-101ORD-abandon-vacateutilEasmt-Hranicky-BentTree.doc Page 3 of 3 Corpus Christi, Texas (0 Day of +Liu_ , 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, He ry Garre Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper 4 k&ik Larry Elizondo, Sr. 41/Z - Mike Hummel) Bill Kelly Priscilla G. Leal /-41t- John E. Marez Martinez Michael McCutchon 027720 H:1LEG-DIR\SharedWaylAgenda12o0816-101ORD-abandon-vacateUtilEasmt-Hranicky-BentTree.doc Breshbre Drive .O. (50' RW. N34°28°35 -1, — —I 1. \-30' 8.1. Lot 15, Block 2 Bent Tree Vol. 49, Pga. 942-143, Mop Records, Nuaoaa. County, Tomos 1.0' Wide Easement Valium (124.36 Sq.Ft.) N550331S"E 124.28' Point of S48°20'00"E Beginning 1.02° EXHIBIT A Map to Accompany REMOTES for the closure of a portion of a uff/Ry easement out of Lo 1. , Z Bent Tree, a map of which is recorded in Volume 49, Pages 142-144 ?dop Records of Nimes county, Texas S55°33°25" by 124.47 /-7.5' 20' Ally URBAN ENGINEERING 2725 STOVI7N is CORPUS Chte#64 7FXAs 78404 (X)8.44—a101 Fox: acme -soot DATE: FEB. 12, 2008 SCALE: 1"...30' JOB NO.: 39260,A8.00 SHEET: 1 OF 2 DRAWN BY: SB 2008 by Urban Endowing sneering IEURBANJ ENGINEERING �rosrnwst aae� aeacsr6 �051, 1.4101 Ike 001N1-100 2706 Bretshire Drive VW R,D.w) Fd 0/A• i.R. N55`33'25"E 33.60 sit am Has ;.7.77- It; o' B77". 'PO 01 10' 4 Set 8/r LR. with red p irtarnized PURIM oEHGR C " A -11'53'22" Rim 310.61' T 32.34' L- 64.48' Lot 15, Block 2 Bent Tres .Vol. 49. Pge. 142-143, Yap Records of Nueoes County; Tslras (No other lmprovsrnsrrts shown. except littletrated as par clients request) in% red mew- - r 1' X f' Sdok Odom 14. cheigrm Pen r 7.0' Exhibit of Lot 15, Block 2, Bent Tres, Volume 49. Pages 142-143, Map Records of Nueces County, Texas. EXHIBIT A S55.33'251W 125.84' 20' Alloy 28.2,:., 7. ret.AVe LR. with rid': pftW stampod 'MAN tart as .2' DATE: Feb. 5, 2008 SCALE: 1''.•20' JOB NO.: 39260.A6.00 SHEET: 2 of 2 DRAWN BY: RLG n ORIGINAL CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § Doc* 2008027226 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. 027720 passed and approved by Corpus Christi City Council on June 10, 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 16th day of June, 2008. a Ma J e Assistant City Secretary Corpus Christi, Texas Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 124.36 -SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF BENT TREE SUBDIVISION, BLOCK 2, LOT 15, ADJACENT TO BRETSHIRE DRIVE AND APPROXIMATELY 153 -FEET SOUTH OF THE RAVEN HILL ROAD AND BRETSHIRE DRIVE INTERSECTION; REQUIRING THE OWNERS, ROY HRANICKY AND RUBY LOU HRANICKY, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Roy Hranicky and Ruby Lou Hranicky (Owners) are requesting the abandonment and vacating of a 124.36 -square foot portion of a 7.5 -foot wide utility easement out of Bent Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and approximately 153 -feet south of the Raven Hill Road and Bretshire Drive intersection to correct an encroachment resulting from a wooden 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 124.36 -square foot portion of a 7.5 -foot utility easement out of Bent Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and approximately 153 - feet south of the Raven Hill Road and Bretshire Drive intersection, as recorded in Volume 49, Pages 142-143 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) Owners must pay the fair market value of $342.00 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 124.36 -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 into the utility easement, providing for the future maintenance of any existing public utilities in the easement, and any future public utility installations within the easement. The Owners 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; 027720 H:\LEG-DI R\Sh ared\Jay\Agend a\2008\6-10\ORD-abandon-vacate Uti IEasmt-H ra n icky-BentTree. doc Page 2 of 3 3) Owners must maintain the area between the existing wooden structure and the remaining portions of the 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 or interfere with any future utility installations within the easement. 4) 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. 5) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the house. 6) 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 Deputy Director 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 10th day of June, 2008. ATTEST: Ornac (,CEJ Armando Chapa 12Z City Secretary J " �4 APPROVED as to form: June 2, 2008 By: R. -y ' eining First ssistant ity Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garret Mayor H:\LEG-DI R\Shared\Jay\Agenda\2008\6-10\ORD-abandon-vacateUtilEasmt-Hranicky-BentTree.doc Page 3 of 3 Corpus Christi, Texas 1p Day of I'll , 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 Garret Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett k&ikMelody Cooper 4 Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal ` w w John E. Marez 4IUSUi�''U Nelda Martinez Michael McCutchon 027720 H:\LEG-DI R\Shared\J ay\Agenda\2008\6-10\ORD-abandon-vacateUtil Easmt-Hra n icky-BentTree.doc Easement Closure State of Texas County of Nueces February 12, 2008 Job No. 39260.A8.00 Field Notes for a the closure of a portion of a utility easement out of Lot 15, Block 2, Bent Tree, Na map of which is recorded in Volume 49, Pages 142-143, Map Records of Nueces County, Texas, said e` isement closure being more fully described by metes and bounds as follows: Beginning at a point on the common boundary of Lots 14 and 15, said Block 2, from which the north corner of said Lot 15, bears North 46°20'00" West, a distance of 129.44 feet; Thence, South 46°20'00" East, along the common boundary of said Lots 14 and 15, a distance of 1.02 feet for a corner of this closure; Thence, South 55°33'25" West, parallel with the southeast boundary of said Lot 15, at 6.50 feet distant there from, measured at right angles thereto, a distance of 124.47 feet for the south corner of this closure; Thence, North 34°26'35" West, a distance of 1.00 foot for a corner of this closure; Thence, North 55°33'25" East, parallel with the southeast boundary of said Lot 15, at 7.50 feet distant there from, measured at right angles thereto, a distance of 124.26 feet to the point of beginning and containing 124.36 square feet of land. Bearings are based on the recorded plat of Bent Tree, a map of which is recorded in Volume 49, Pages 142 and 143, Map Records of Nueces County, Texas. Unless this field notes description, including preamble, seal, and signature, appears in its entirety in its original form, surveyor assumes no responsibility for its accuracy. (361)854-3101 •GO E, RFO •. .. JUAN JOSE SALAZAR r> \•• 4909 \V.%•.,%ss+c#' Urban Engineering flA (1942 OA Juan J. iazar,h License No. 4909 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com Bretshire Drive (50' R.O.W.) 0.0 �- F 0 40 ej sirb az' o 4- 1n N34'26'35 — 1 e `30' B.L. Lot 15, Block 2 Bent Tree Vol. 49, Pgs. 142-143, Mop Records, Nueces County, Texos 1.0' Wide Easement Closure (124.36 Sq.Ft.) N55°33'25"E 124.26' a 0 0 Point of Beginning S46'20'00"E 1.02' S55'33'25"W 124.47' ,-7.5' U.E. Map to Accompany f/£LDNOT£S for the closure of o portion of a utility easement out of Lot 15, Block 2, Bent Tree, o mop of which is recorded in Volume 49, Pages 142-143, Mop Records of Nueces County, Texas. 20' Alley URBAN ENGINEERING 2725 91/ANNA: COWLS CHR194 TEXAS 78404 (361)854-3101 Fox: (361)854-6001 DATE: FEB. 12, 2008 SCALE: 1"=30' JOB NO.: 39260.A8.00 SHEET: 1 OF 2 DRAWN BY: SB 02008 by Urban Engineering 2706 Bretshire Drive (80' R.o.W.) Fd 6/8' I.R. N55.33'25"E 33.60' Set and Halo 30'B.ts/ 10' U.Er 4 4 Set S/8' I.RR. with rod pkm0O cap etaniped 'URBAN ENR C.C. TX' n1113'22" R• 310.61' Tao 32.34' L- 84.46' Lot 15, Block 2 Bent Tree Vol. 49, Pgs. 142-143, Mop Records of Nunes County, Texas (No other improvements shown. except Illustrated as per stents request) 7.8' U.Err w11h ted 10:046 11i4014 11$44 1' X 1' Mak Column coo" r Vir° ta 28.2 Qaasabo lZj mime\ 1 7. Exhibit of Lot 15, Block 2, Bent Tree, Volume 49, Pages 142-143, Map Records of Nueces County, Texas. EXHIBIT A 55533'25*W 125.84' 20' Alley Fd. 5/s' I.R. with ,id- "URBAN ENOC.oft gola �' GRA 20 DATE Feb. 5, 2008 URBAN 5.E=1•_20' JOB NO.: 39260.A8.00 ENGINEERING SHEET: IL of t ms awn MSS MX DRAWN BY: KG pe,,�-,nog roe (s )054 -eel„ '''ra .,./ .,, Location Map Not to Scale URBANN DATE:CALE: FENTB.S 12, 2008 SJOB NO.: 39260.A8.00 78,E SHEET: 2 OF 2 DRAWN BY: SB 0 2008 by Urban Engineering ENGINEERING 2725 SMW IMS% CLL G M 7EXAS (361)854-310/ Fox: (361)854-6001 RECORDER'S MEMORANDUM At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon or photocopy, discolored paper etc. All blackouts, additions and changes were present at the time the instrument was filed and recorded. ORIGINAL City of Corpus Christi Development Services/ Special Services 2408 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 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# 241080E7E226 # Pages 9 06/16/2808 3:18PM Official Records of NUECES COUNTY DIPt4A T. BARRERA COUNTY CLERK Fees $47. J