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Home My WebLink About027884 ORD - 09/30/2008Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 611.43 -SQUARE FOOT PORTION OF AN EXISTING CITY DRAINAGE 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 611.43 -square foot portion of an existing City drainage 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 611.43 -square foot portion of an existing City drainage 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 Owners' 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 027884 CAD000ME-1 WvetteALLOCALS-1 \Temp\ORD-abandon-vacateUtilang RO W Easement-Rablais-HeatherRidge-2. doc Page 2of3 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 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 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. Yv: a Ag As -tant City Attorney For City Attorney CITY ' CORPUS CHRISTI enry G- rett Mayor, ty of Corpus Christi C:\D000ME-1 WvetteALLOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROW Easement-Rablais-HeatherRidge-2.doc Page 3 of 3 Corpus Christi, Texas_alaDI ay of SeSEAULPA , 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, Honry Garre, Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper L ((I Larry Elizondo, Sr. PY Mike Hummel! Bill Kelly Priscilla G. Leal q , John E. Marez Nelda Martinez Michael McCutchon 027884 CADOCUME-1 WvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge-2.doc Exhibit A Drainage Easement Closure July 30, 2008 Job No. 41651.00.01 State of Texas County of Nueces Fieldnotes for the closing of a portion of a drainage easement, out of Lot 7, Heather Ridge Estates, a map of which is recorded in Volume 59, Pages 161-163, Map Records ofNueces 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 this east corner of this easement closure, from which corner the west boundary of River Trail Drive, a 60 foot wide public roadway, for the southeast corner 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 314.09 feet Thence, South 79°56'27" West, along the south boundary of this easement closure, a distance of 87.02 feet to a point on the east boundary of Lot 11, said Heather Ridge Estates, for the west boundary of said Lot 7 for the south comer of this easement closure; Thence, North 00°38'38" West, along the common boundary of said Lot 7 and 11, same being the west boundary of this easement closure, a distance of 14.24 feet for the northeast corner of said Lot 11, same being the northwest comer of said Lot 7 and for the north 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 85.85 feet to the Point of Beginning and containing 0.014 Acres, (611.43 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 ofNueces 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. URBAN =` 4716"")""Y: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 Dan L. Urban, R.P.L.S. License No. 4710 FAX (361)854-6001 S:\Surveying\HOUSETIEWleatherRidgeEstates tIMAVMd.doc Page 1 of 1 1•-60' 3 1 / 1/ / / 1 / / 1 1 g / at //Y// I t / // Q /i , , Oa / 1 f`— 9 SIL I I / / 1 / / No0'38'38•W-1 14.24' N8921'22'E 85.85' 20' U.E = s c I' Lot 11 I . .511 I`\I Clown // 0.014 AoClowne 611.43 Sgy KL 579'58'27*W 87.02' Exhibit A Map to Accompany FlEIANOIES for the dosing of a portion of a drainage easement, out of Lot 7, Heather Ridge Estates, a map of which is recorded in Volume 59, Pages 151-161 Map Records of Nueces County, Texas. Lot 7 Heather Ridge Estates Vol. 59, Pages 161-163, Atop Records of Nueees County, Texas / DATE: JUL 30, 2008 SCALE: 1%1W ENGINEERING Ia Mt: 41881.00.01 nos st.west aanx assn JEWS MOS SHEET: 1 OF 2 nsuoe.wa ar (311.31,407► DRAWN By: OL 02008 by Urban Engineering gt§e Z° to &6 Or rt < Cy aQ Z a_•D,a CE:41 3000 it • gau Ztti, Aga b 0 11 St Awa �' a4 Era o9 a € A o oID 0, n I lk i3n* 0 alasy �•yyjrjesi Yea _, C 0 sic18 Lot 11 Heather Rldge Estates -—Vd.34� Frage-161=183,11ap Records of Nunes County, Texas 10' U.j Asx efq Lot 11 Heather R o Estates -—1Td.'311.-foga 1=163.1/op Records of Nusces County. Texas s10' U.EJ c 10'U.;.1 \I-10.013. PX hF I r� r— CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § Dc# 2008044762 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. 027884 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 611.43 -SQUARE FOOT PORTION OF AN EXISTING CITY DRAINAGE 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 611.43 -square foot portion of an existing City drainage 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 611.43 -square foot portion of an existing City drainage 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 Owners' 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 027884 C:\DOCUME_1 \YvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge-2.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 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 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. Yv: a Ag As .tant City Attorney For City Attorney CITY c CORPUS CHRISTI ALdLL✓ A/14 ii• enryG rett Mayor, ty of Corpus Christi C:\DOCUME-1 \YvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge-2.doc Page 3 of 3 Corpus Christi, Texas I of i-+° VI , 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 Garre, Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper -F Larry Elizondo, Sr. !b` Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 027884 C:\DOCUME-1 \YvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge-2.doc Exhibit A Drainage Easement Closure State of Texas County of Nueces July 30, 2008 Job No. 41651.00.01 Fieldnotes for the closing of a portion of a drainage 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 this east corner of this easement closure, from which comer 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 comer of said Lot 7 bears North 41°40'02" East, a distance of 314.09 feet; Thence, South 79°56'27" West, along the south boundary of this easement closure, a distance of 87.02 feet to a point on the east boundary of Lot 11, said Heather Ridge Estates, for the west boundary of said Lot 7 for the south comer of this easement closure; Thence, North 00°38'38" West, along the common boundary of said Lot 7 and 11, same being the west boundary of this easement closure, a distance of 14.24 feet for the northeast comer of said Lot 11, same being the northwest corner of said Lot 7 and for the north corner 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 85.85 feet to the Point of Beginning and containing 0.014 Acres, (611.43 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. • CORPUS CHRISTI,TEXAS 78404 Dan L. Urban, R.P.L.S. License No. 4710 FAX (36D854-6001 S:\Surveying\HOUSETIES\HeatherRidgeEstates l-\4Ad.doc Page 1 of 1 0014 Aeras, 611.43 Sregy K URBANDAOOe: ENGINEERING NO.: 41651.O0.O1 ms a Pra NM > mar SHEET: 1 OF 2 ONX64-30 MOS -(02 2 DRAWN BY: DL 02008 by Urban Engineering *# # 42 Lir li Ifil rat% 4 4 AI � q ii iN. o i ii ... �. i. 4E raccions 11 t1 i%Iiiik0 1 Munroei riI NEURBAN°° SCALJUL 30, E: ENGINEERINGI.b08t40"41651'°°:°1 Insswim carsa teas Ana SI FT: 2 °F 2 !mss DRAWN BY: OL 02008 by Urban Engineering URBANDATh2OOe .. ENGINEERING' : 41851.00.01 MS SWIM COM - OM% MIs SHEET: 2OF 2(anter-,ear P -maDRAM BY DL 02008 by Urban Engineering City o'orus Christi Development Services/ Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408 STATE OF TEXAS COMITY DF NUEIES 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. Barrera NIECES COMITY, TEXAS ItzmirAtit....) Any provision herein which restricts the Sale, R ental or use of the described READ. PROPERTY because of Race, Colors Religionx Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Doc# 2008044762 IE Pages 9 18/86/2186 3:15PM Official Records of ENECES COMITY DIANA COUNTY CLERK Fees $47.88 (:)11R 1 INAL