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Home My WebLink About027885 ORD - 09/30/2008Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 680.87 -SQUARE FOOT PORTION OF AN EXISTING CITY DRAINAGE RIGHT-OF-WAY, 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 680.87 -square foot portion of an existing City drainage right-of-way 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 680.87 -square foot portion of an existing City drainage right-of-way 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 Owners' 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 027885 CADOCUME-1 WvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge-3.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: CITY • F CORPUS CHRISTI Armando Chapa Henry G. rrett City Secretary APPROVED: September 25, 2008. Yv`` � As?Sittant City Attorney For City Attorney Mayor, City of Corpus Christi C:\DOCUME-1 \YvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge-3.doc Page 3 of 3 Corpus Christi, Texas 2 Day of , f1'iY�lV1g , 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 Henry G$rrett Mayor 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 Aar AloseAuf- A hsa - Aliet 027885 C:\D000ME-1 \YvetteA\LOCALS-1\Temp\ORD-abandon-vacateUtil-DrngROW Easement-Rablais-HeatherRidge-3.doc Exhibit A prainaee Richt-0[ Wav Closure State of Texas County of Nueces Revised August 18, 2008 July 30, 2008 Job No. 41651.00.01 Fleldnotes for the closing of a portion of a 250 foot wide Drainage Right -of -Way as shown on the recorded plat of Heather Ridge Estates, a map of which is recorded in Volume 59, Pages 161-163, Map Records of Nueces Cormty, Texas; said easement 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 the northeast corner of this easement, 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 comer of said Lot 7 bears North 41°40'02" East, a distance of 300.49 feet; Thence, South 41°40'02" West, along the north boundary of said Lot 7, same being the east boundary of this easement, a distance of 13.61 feet, for a comer of said Lot 7 and for the southeast comer of this easement; Thence, South 89°21'22" West, along the north boundary of said Lot 7, same being the south boundary of this easement, a distance of 67.65 feet for the southwest corner of this easement; Thence, North 41°40'02" East, along the north boundary of this easement, a distance of 13.61 feet for the north corner of this easement Thence, North 89°21'22" East, along the north boundary of this easement, a distance of 67.65 feet to the Point of Beginning and containing 0.016 Acres, (680.87 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. Urban En (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 Dan L. Urban, R.P.L. . License No. 4710 FAX (361)854-6001 SASurveying\110USET1ESUieatherRidgeEstates l -ataR b.doc Page 1 of 1 0 LOCATION- N41'40'0YE 13.61' N8921'22'E 67.65' i S89'21'22 W/ S41'40'0rW / 67.65' 13.61 W Closure Right-of-Way Lot 11 I o o � o.o15 Acre. 880.87 Sq. Ft. I^ Exhibit A Map to Accompany FlODNOTES for the closing of o porton of a 250 foot wide draubge Right—of—Way as shown on the recorded plat of Heather Moe Estates. a mop of which is recorded In Volume 59, Pages 181-183. Mop Records of Nimes Courtly, Texas. i Lot 7 Heather Ridge Estates Vol. 59, Pages 181-183, Yap Records of Plumes County, Texas / II g I7 7 I �I 1 1 1 1 / 1 1 REV: AUG. 18, 2008 DAIS: JUL. 30. 2008 SCALE 1"-50' ENGINEERINGSHEET Ra is Na: 1 4165CF 21.oa01 VS AWN% caws own war : Ra�sr aoF le (S -S DRAWN BY: OL 02008 by Urban Engineering CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § Doc# 2008044763 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. 027885 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 680.87 -SQUARE FOOT PORTION OF AN EXISTING CITY DRAINAGE RIGHT-OF-WAY, 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 680.87 -square foot portion of an existing City drainage right-of-way 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 680.87 -square foot portion of an existing City drainage right-of-way 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 Owners' 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 027885 C:\DOCUME-1 \YvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROW Easement-Rablais-HeatherRidge-3.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. Yvc e a As tant City Attorney For City Attorney CITY a F CORPUS CHRISTI Henry G = rrett Mayor, City of Corpus Christi C:\DOCUME-1 \YvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge-3.doc Page 3 of 3 Corpus Christi, Texas Day of ,c¢. ik t , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoingordinance 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, Council Members Respectfully, I nry G irrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon L 027885 CADOCUME-1 WvetteA\LOCALS-1 \Temp\ORD-abandon-vacateUtil-DrngROWEasement-Rablais-HeatherRidge-3.doc Exhibit A Drainage Right -of -Way Closure State of Texas County of Nueces Revised August 18, 2008 July 30, 2008 Job No. 41651.00.01 Fieldnotes for the closing of a portion of a 250 foot wide Drainage Right -of -Way as shown on the recorded plat of Heather Ridge Estates, a map of which is recorded m Volume 59, Pages 161-163, Map Records of Nueces County, Texas; said easement 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 the northeast corner of this easement, from which comer 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 300.49 feet; Thence, South 41°40'02" West, along the north boundary of said Lot 7, same being the east boundary of this easement, a distance of 13.61 feet, for a corner of said Lot 7 and for the southeast comer of this easement; Thence, South 89°21'22" West, along the north boundary of said Lot 7, same being the south boundary of this easement, a distance of 67.65 feet for the southwest corner of this easement; Thence, North 41°40'02" East, along the north boundary of this easement, a distance of 13.61 feet for the north corner of this easement; Thence, North 89°21'22" East, along the north boundary of this easement, a distance of 67.65 feet to the Point of Beginning and containing 0 016 Acres, (680.87 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 S:\ Surveying \HOUSETIES\HeatherRidgeEstates,;beM5 0 b.doc Dan L. Urban, R.P.L. License No. 4710 FAX (361)854-6001 Page 1 of 1 N41640'02'E 13.61' 20' U.E2 I W 'I Exhibit B Map to Accompany Lot 11 21 N89'21'22'E 67.65' S8971 '22-w 67.65' �13.61 DrainageCl —of—way osure 0.018 Acres. 680.87 Sq. Ft. FEMMES for the closing of a portion of a 250 foot wide drainage Right—of—Way as shown on the recorded plot of Heather Ridge Estates, a mop of which is recorded in Volume 59, Poges 161-163, Map Records of Nunes County, Texas. Lot 7 Heather Ridge Estates Vol. 59, Pages 161-163. Map Records of Nueces County, Texas U RBAN ENGINEERING SWIM aasra 1:8511Baas MOSlaaaw-.ria► Fee 0601544001 1 1 / / REV: AUG. 18, 2008 DATE: JUL 30, 2008 SCALE 50' JOB NO.: 41651.00.01 SHEET: 1 OF 2 DRAWN BY: DL 02008 by Urban Engineering t .tom ,S O[ t b n ( 1 7n .01 3•n ,0' soxel •dim* mom Jo a 804O4B3 wind JS4i00H 401 c a C r r P V4:ii;t! 0 z21 mm W� a V D61 w1 J lV a P 0 0 '3'n .01 '3 n ,o' owl stjunoo mom l° opoom ;; 9 ii ••. _ • IIMir e \�lasourvia A11111110ar � iENel is (URBAN°° .SC .E. ;=8 ..5 ENGINEERING '' 27Z S INK COVLS MS% Vs MIN SHEET: 24/06,5/i" (aa ,eor rac Pry-/Wi DRAM BY: DL 02008 by Urban Engineering STATE OF TEXAS COUNTY OF N ECES I hereby certify that this instrument was FILED in file number sequence on the date and at the tine stamped herein by ee, and was duly RECORDED in the Official Public Records of Nueces County, Texas 4141.0...) Diana T. Barrera NECES COUNTY, TEXAS Any vision herein whirr 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# 2009044763 #Pages9 18/86/2888 3:15PN Official Records of NLECES COUNTY COUNTY cLERRRERA Fees 147.88 City of Corpus Christi Development Services/ Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408 ORIGJNAL