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Home My WebLink About027883 ORD - 09/30/2008Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 1,931.10 -SQUARE FOOT PORTION OF A 20 -FOOT WIDE CITY UTILITY EASEMENT, OUT OF THE HEATHER RIDGE ESTATES SUBDIVISION, LOT 7, ADJACENT TO THE RIVER TRAIL DRIVE PUBLIC RIGHT-OF-WAY; REQUIRING THE OWNERS, RAY E. RABALAIS AND TERESA E. RABALAIS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Ray E. Rabalais and Teresa E. Rabalais (Owners), are requesting the abandonment and vacating of a 1,931.10 -square foot portion of a 20 -foot wide City utility easement out of the Heather Ridge Estates Subdivision, Lot 7, which is located adjacent to the River Trail Drive public right-of-way, in order to correct an encroachment resulting from a residential structure having been constructed over a portion of the existing easement. The easement to be abandoned and vacated is located in a "R-1 B" One -family Dwelling District; 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 1,931.10 -square foot portion of a 20 -foot wide City utility easement out of the Heather Ridge Estates Subdivision, Lot 7, as recorded in Volume 59, Pages 161-163 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Owners must pay the fair market value of $783.00 within 30 days of the adoption of these easement closure ordinances, on a one-time payment basis, for the abandonment and vacation of the drainage and utility easements involved. 2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment into the utility easement, drainage easement, and drainage right-of-way, providing for the future maintenance to any existing public utilities or the installation of any future public utilities within the utility easement, and/or any maintenance to any existing storm water utilities or the installation of any future storm water utilities within the drainage easement or drainage right-of-way. The Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. The Hold Harmless 027883 CAD000ME-1 WvetteAtOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROW Easement-Rablais-HeatherRidge.doc Page 2 of 3 Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas. 3) Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the accessory structure. 4) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owners' 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 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 30th day of September, 2008. ATTEST: Armando Chapa City Secretary APPROVED: September 25, 2008. Aistant City Attorney For City Attorney CITY OF RPUS CHRISTI H= ry Garre Mayor, City of Corpus Christi C:\DOCUME-1 \YvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge.doc Page 3 of 3 Corpus Christi, Texas 3D 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, 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 tAoit 027883 C:\D000ME-1 \rietteA\LOCALS-1 \ Temp \ORD-abandon-vacateUtil-DrngROW Easement-Rablais-HeatherRidge.doc Exhibit A 20.00 Foot Wide Utility Easement Closure Revised September 22, 2008 July 30, 2008 Job No. 41651.00.01 State of Texas County of Nueces Fieldnotes for the closing of a 20.00 foot wide utility easement, out of Lot 7, Heather Ridge Estates, a map of which is recorded in Volume 59, Pages 161-163, Map Records of Nueces County, Texas; said easement closure being more fully described by metes and bounds as follows: Beginning at a point on the common boundary of said 250 foot wide Drainage Right -of -Way and the north boundary of Lot 7, said Heather Ridge Estates, for a corner of this easement, from which corner the west boundary of River Trail Drive, a 60 foot wide public roadway, for the southeast comer of said 250 foot wide drainage right of way, same being the northeast corner of said Lot 7 bears North 41°40'02" East, a distance of 309.53 feet; Thence, South 84°26'46" East, along the northeast boundary of this easement closure, a distance of 24.76 feet for the east comer of this easement closure; Thence; South 41°40'02" West, along the south boundary of this easement, a distance of 28.00 feet, for the southeast corner of this easement closure; Thence, South 89°21'22" West, continuing along the south boundary of this easement closure, a distance of 84.69 feet for the southwest comer of this easement closure; Thence, North 00°38'38" West, along the west boundary of this easement closure, a distance of 20.00 feet to a point on the north boundary of said Lot 7, for the northwest comer of this easement closure; Thence, North 89°21'22" East, along the north boundary of said Lot 7, same being the north boundary of this easement closure, a distance of 75.85 feet for a corner of said Lot 7 and of this easement closure; Thence, North 41°40'02" East, along the north boundary of said Lot 7 and of this easement closure, a distance of 4.57 feet to the Point of Beginning and containing 0.044 Acres, (1,931.10 Square Feet) of land. Bearings are based on the recorded plat of Heather Ridge Estates, a map of which is recorded in Volume 59, Pages 161-163, 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 2725 SWANTNER DR. • : - t CHRISTI, TEXAS 78404 S:1Surveying\HOUSETIESII-IeatherRidgeEstates l BN,I4 AU c.doc Urban Enginegri Dan L. Urban, R.P.L.S. License No. 4710 FAX (361)854-6001 Page 1 of 1 LCCAT-ON- 1•"W' N41 40.02"E 12.19' .4 .4 b N89'21'22"E 4° 75.85' 20' U.E Lot 11 %1 J ,• ��it non 4. • • r i \bit: • T.S t. . a it :cat i..c 4^` d' .00 4.0 / / 9 / 4'' / / / / / / / °`cue,\ / 4 — S84'26'46"E 24.76' tdCP Lot 7 fir Val. 59. Pages 181-183, Map Records of Nusces County, Texas, 589'21 22 W 41Z A -lo' U.E. 84.69' a 20' 8.E Closure Heather Ridge Estates N00'((3��8'38"W 0.044 Acres, 1,931.10 Sq. Ft. 1:X/ll b7t Map to Accompany FEMMES for the dosing of a 20.00 foot wide utility easement, out of Lot 7, Heather Ridge Estates, a mop of wNch is recorded in Volume 59, Pages 181-163, Map Records of Mueces Canty, Texas. URBAN ENGINEERING Z75 mar 6 II I 1 1 / REV: SEP. 22, 2008 DATE: JUL. 30, 2008 SCALE 1.-50' J08 NO.: 41651.00.01 SHEET: 1 OF 2 DRAWN BY: DL 02008 by Urban Engineering CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § Doc# 2008044761 ORIGINAL 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. 027883 passed and approved by Corpus Christi City Council on September 30, 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 2nd day of October, 2008. Armando Chapa City Secretary Corpus Christi, Texas Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 1,931.10 -SQUARE FOOT PORTION OF A 20 -FOOT WIDE CITY UTILITY EASEMENT, OUT OF THE HEATHER RIDGE ESTATES SUBDIVISION, LOT 7, ADJACENT TO THE RIVER TRAIL DRIVE PUBLIC RIGHT-OF-WAY; REQUIRING THE OWNERS, RAY E. RABALAIS AND TERESA E. RABALAIS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Ray E. Rabalais and Teresa E. Rabalais (Owners), are requesting the abandonment and vacating of a 1,931.10 -square foot portion of a 20 -foot wide City utility easement out of the Heather Ridge Estates Subdivision, Lot 7, which is located adjacent to the River Trail Drive public right-of-way, in order to correct an encroachment resulting from a residential structure having been constructed over a portion of the existing easement. The easement to be abandoned and vacated is located in a "R-1 B" One -family Dwelling District; 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 1,931.10 -square foot portion of a 20 -foot wide City utility easement out of the Heather Ridge Estates Subdivision, Lot 7, as recorded in Volume 59, Pages 161-163 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Owners must pay the fair market value of $783.00 within 30 days of the adoption of these easement closure ordinances, on a one-time payment basis, for the abandonment and vacation of the drainage and utility easements involved. 2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment into the utility easement, drainage easement, and drainage right-of-way, providing for the future maintenance to any existing public utilities or the installation of any future public utilities within the utility easement, and/or any maintenance to any existing storm water utilities or the installation of any future storm water utilities within the drainage easement or drainage right-of-way. The Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. The Hold Harmless 027883 C:\DOCUME-1 \YvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rabiais-HeatherRidge.doc Page 2 of 3 Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas. 3) Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the accessory structure. 4) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owners' 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 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 30th day of September, 2008. ATTEST: Armando Chapa City Secretary APPROVED: September 25, 2008. A istant City Attorney For City Attorney CITY OF RPUS CHRISTI H = ry Garre Mayor, City of Corpus Christi C:\DOCUME-1 \YvetteA\LOCALS— 1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge.doc Page 3 of 3 Corpus Christi, Texas 3 1 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, 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 1-10s04.4- 027883 C:\DOCUME-1 \YvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge. doc URBAN ENGINEERING Exhibit A 20.00 Foot Wide Utility Easement Closure Revised September 22, 2008 July 30, 2008 Job No. 41651.00.01 State of Texas County of Nueces Fieldnotes for the closing of a 20.00 foot wide utility easement, out of Lot 7, Heather Ridge Estates, a map of which is recorded in Volume 59, Pages 161-163, Map Records of Nueces County, Texas; said easement closure being more fully described by metes and bounds as follows: Beginning at a point on the common boundary of said 250 foot wide Drainage Right -of -Way and the north boundary of Lot 7, said Heather Ridge Estates, for a corner of this easement, from which corner the west boundary of River Trail Drive, a 60 foot wide public roadway, for the southeast comer of said 250 foot wide drainage right of way, same being the northeast corner of said Lot 7 bears North 41°40'02" East, a distance of 309.53 feet; Thence, South 84°26'46" East, along the northeast boundary of this easement closure, a distance of 24.76 feet for the east comer of this easement closure; Thence, South 41°40'02" West, along the south boundary of this easement, a distance of 28.00 feet, for the southeast corner of this easement closure; Thence, South 89°21'22" West, continuing along the south boundary of this easement closure, a distance of 84.69 feet for the southwest corner of this easement closure; Thence, North 00°38'38" West, along the west boundary of this easement closure, a distance of 20.00 feet to a point on the north boundary of said Lot 7, for the northwest comer of this easement closure; Thence, North 89°21'22" East, along the north boundary of said Lot 7, same being the north boundary of this easement closure, a distance of 75.85 feet for a corner of said Lot 7 and of this easement closure; Thence, North 41°40'02" East, along the north boundary of said Lot 7 and of this easement closure, a distance of 4.57 feet to the Point of Beginning and containing 0.044 Acres, (1,931.10 Square Feet) of land. Bearings are based on the recorded plat of Heather Ridge Estates, a map of which is recorded in Volume 59, Pages 161-163, 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. 4,1r1n (361)854-3101 2725 SWANTNER DR. • I. - IS CHRISTI, TEXAS 78404 SASurveying\HOUSETIES\HeatherRidgeEstates labraMM.doc Urban Enginee�ri Dan L. Urban, R.P.L.S. License No. 4710 FAX (361)854-6001 Page 1 of 1 1 cusl ANA., 1%50' N41'40'02"E 12.19' N89'21'221% 75.85' 1101111100 IMINIMINII IPP UPI 4* 11011 as— •. #4# iJMiy \......y4 ♦*..4gag •4 •J 1 O ,Qr40 .% // okY G— .4 20' U.E. 4-" ;bped) 1ti 20' UE. Closure 0.044 Aeras, 1,931.10 Sq. S89'2122 w tj A-10• U.E. 84.69 Lot 11 I 2 N00 8'38'w ixhiTi; Map to Accompany FlEIDNOTES for the closing of a 20.00 foot wide utility easement. out of Lot 7. Heather Ridge Estates. a map of which is recorded in Volume 59. Pages 161-163. Map Records of Nueces County. Texas. S84'28'461 24.76' Lot 7 Heather Ridge Estates Vol. 59. Pages 161-163, Map Records of Nunes County. T Ft. REV: SEP. 22. 2008 WE: JUL 30. 2008 SCALE: 1"m501 URBAN JOB NOS: 411.00.01 EmagaNGINEERING 1 of 2 ( "awe-='"�' DRAWN BY: DL 02008 by Urban Engineering MN • 7n Az 1) g 17 et 0 ( JLI 2)I 7n .01 Tfl .e1 coxal %;wog soaonN JO sPJ0 1•140113 Ja4 H II WI ei 1 II 1 II °' 8 C P 04-14 X 14; .O . 0 z21 <LEI coig [nd D6. riSil "2 :2 V poac AI 0X01 V X0330 ) nCUg VI o S/oo 0 0Z: r 4 . t. 0 a: � n .01 coxal %wunap swenN 10 amt! 2•}c}a3clotgt=t —pm — II WI am NI= so Sir at ow Num Em is, me! NM sw,r: CI- UUMI/l1/11ow ii.P111111 1, Aar vat 111 1 �i 1iiuuprie e, T 1IIuiii4_i URBAN)DATE:C:1.-50° 2008 te ENGINEERING'� : 41651.00:01 ras await canis oast ems mSHEET: 2 OF 2 r Ng DRAWN Bt DL 02008 by Urban Engineering 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 j3441.." AO 611MAILP) Diana T. Barrera M.ECES 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# 2008044761 # Paagges 9 18/86/28 3:15PN Official Records of METES COUNTY DIANA COUNTYT BARRERAK Fees $47.88 City of Corpus Christi Development Services/ Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408 ORIGINAL