HomeMy WebLinkAbout028719 ORD - 08/17/2010P?ge 1 of 3
ORDINANCE
ABANDONING AND VACATING A 87.90 -SQUARE FOOT PORTION OF
A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF THE VIRGINIA HILLS
SUBDIVISION, BLOCK 4, LOT 7, LOCATED SOUTH OF THE OSO
PARKWAY PUBLIC STREET RIGHT-OF-WAY; REQUIRING THE
OWNERS, KENNETH TODD OLSON AND MARIA GARZA OLSON, TO
COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY
WHEREAS, Kenneth Todd Olson and Maria Garza Olson are requesting the
abandonment and vacation of a 87.90 -square foot portion of a 7.5 -foot wide utility
easement out of the Virginia Hills Subdivision, Block 4, Lot 7, which is located south of
the Oso Parkway public street right-of-way due to the encroachment of the utility
easement by a swimming pool that the Owner constructed within said easement. The
easement to be abandoned and vacated is located in a "R-1 B" One -family Dwelling
District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
August 17, 2010, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; 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 87.90 -square foot portion of a 7.5 -foot wide utility easement out of
the Virginia Hills Subdivision, Block 4, Lot 7, as recorded in Volume 64, Page 33-34 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) That the Owner pay the fair market value of $230.00 for the abandonment
and vacation of the total 87.90 -square foot portion of the 7.5 foot wide utility
easement prior to closure going to City Council.
2) A Hold Harmless Agreement and Covenant is required by the City due to the
encroachment into the utility easement and the future maintenance of any
existing public utilities in the easement, and any future public utility installations
within the easement. The Owner must comply with all of the conditions as set
forth in the Hold Harmless Agreement and Covenant. The Hold Harmless
028719
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INDEXED
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) Maintain the area between the existing swimming pool 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.
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.
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 Assistant City
Manager of Engineering and 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 ordinan a is passed and shall take
effect upon first reading as an emergency this the /7' -day of , 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED:
8
(1 2010.
CITY OF CORPUS CHRISTI
-d ae6eoite,
Joe dame
Mayor, City of Corpus Christi
orah Walther Brown
sistant City Attorney
For City Attorney
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Page 3 of 3
Corpus Christi, Texas
(7/16-
Day of , 2010
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,
Joe Ai
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott L
028719
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AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Bass and Welsh Engineering, on behalf of A.C. Gilmore Jr., and wife, Clyde!' H. Gilmore
("Owners"), is requesting the abandonment and vacation of a 2,246 -square foot portion of a
10 -foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18-19, to eliminate a
conflict with a proposed building site. The easement to be abandoned and vacated is
located in a "B-1" Neighborhood Business District (Lot 18) and "B-1/SP" Neighborhood
Business District/Special Permit (Lot 19).
All public and franchised utilities were contacted. AEP has existing electrical facilities and
will require that the owner pay for any rerouting or relocating of its electrical facilities and
easement dedications, if required. AT&T has no objection to the closure of the easement
but will require that the owner bear the financial responsibility for the relocation of all facilities
currently in the easement. None of the city departments or other franchised utility
companies had any facilities within the utility easement. There were no objections
regarding the proposed utility easement abandonment.
Staff recommends payment of the fair market value of $7,850.00 for the abandonment
and vacation of a 2,246 -square foot portion of a 10 -foot wide utility easement. The owner
has been advised of and concurs with the conditions of the easement abandonment and
vacation. Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval. Filing and recording of the utility easement abandonment and
vacation is required by Ordinance No. 025816, after Ordinance is approved by City
Council. Owner will be responsible for paying all fair market value fees and filing and
recording cost. Development Services will be in charge of all payment processing
responsibilities.
EXHIBIT A
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF NUECES §
C...i . _. "Z" axCu ... Cid Y _. w
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. 028719 passed and approved by
Corpus Christi City Council on August 17, 2010 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 20th day of August, 2010.
Armando Chapa
City Secretary
Corpus Christi, Texas
8
Ppge 1 of 3
ORDINANCE
ABANDONING AND VACATING A 87.90 -SQUARE FOOT PORTION OF
A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF THE VIRGINIA HILLS
SUBDIVISION, BLOCK 4, LOT 7, LOCATED SOUTH OF THE OSO
PARKWAY PUBLIC STREET RIGHT-OF-WAY; REQUIRING THE
OWNERS, KENNETH TODD OLSON AND MARIA GARZA OLSON, TO
COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY
WHEREAS, Kenneth Todd Olson and Maria Garza Olson are requesting the
abandonment and vacation of a 87.90 -square foot portion of a 7.5 -foot wide utility
easement out of the Virginia Hills Subdivision, Block 4, Lot 7, which is located south of
the Oso Parkway public street right-of-way due to the encroachment of the utility
easement by a swimming pool that the Owner constructed within said easement. The
easement to be abandoned and vacated is located in a "R -1B" One -family Dwelling
District; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
August 17, 2010, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; 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 87.90 -square foot portion of a 7.5 -foot wide utility easement out of
the Virginia Hills Subdivision, Block 4, Lot 7, as recorded in Volume 64, Page 33-34 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) That the Owner pay the fair market value of $230.00 for the abandonment
and vacation of the total 87.90 -square foot portion of the 7.5 foot wide utility
easement prior to closure going to City Council.
2) A Hold Harmless Agreement and Covenant is required by the City due to the
encroachment into the utility easement and the future maintenance of any
existing public utilities in the easement, and any future public utility installations
within the easement. The Owner must comply with all of the conditions as set
forth in the Hold Harmless Agreement and Covenant. The Hold Harmless
028719
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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) Maintain the area between the existing swimming pool 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.
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.
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 Assistant City
Manager of Engineering and 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 ordin n e is passed and shall take
effect upon first reading as an emergency this the 1'/day of , 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED:
8
(/
e
orah Walther Brown
sistant City Attorney
For City Attorney
2010.
CITY OF CORPUS CHRISTI
Joe Mame
Mayor, City of Corpus Christi
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Corpus Christi, Texas
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: 1/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,
0,6?
Joe Mame
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
r
Priscilla G. Leal
John E. Marez
r
Nelda Martinez
Mark Scott G
028719
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STATE OF TEXAS JOB NO. 10-4239
COUNTY OF NUECES
87.90 SQUARE FEET
EASEMENT CLOSURE
ALL that certain tract or parcel of land situated in Nueces County, Texas, same
lying within the Corporate City Limits of Corpus Christi, Texas, same being a
portion of the 7.5 foot utility easement at the rear of Lot 7, Block 4, Virginia Hills
Subdivision as recorded in Volume 64, Pages 33-34 of the Map Records of Nueces
County, Texas, and being more particularly described by metes and bounds as
follows, to -wit:
COMMENCING at a 5/8 inch iron rod found for the Southeast corner of said Lot 7,
same being the South corner of Lot 8 of said Block 4, same lying in the Northwest
right-of-way margin of Virginia Hills Drive;
THENCE, along the common boundary line of said Lots 7 and 8, NORTH 09
degrees 47 minutes 04 seconds WEST 107.50 feet to a point for the point of
beginning and the Southeast corner of this tract, same point being the intersection of
the common boundary line of said Lots 7 and 8 with the boundary line of said 7.5
foot utility easement;
THENCE, along said boundary line of the 7.5 foot utility easement and with a curve
to the right with a radius of 67.50 feet, a central angle of 34 degrees 27 minutes 42
seconds, a tangent of 20.93 feet, a length of arc of 40.60 feet and a chord bearing and
length of NORTH 82 degrees 33 minutes 13 seconds WEST 39.99 feet to a point for
the Southwest corner of this tract, same point being the point of intersection of said
7.5 foot utility easement boundary line with a 5 foot utility easement boundary line
within and along the Northwest boundary line of said Lot 7;
THENCE, NORTH 24 degrees 40 minutes 38 seconds EAST 2.20 feet to a point for
the Northwest corner of this tract;
THENCE, along a curve to the left with a radius of 65.30 feet, a central angle of 34
degrees 27 minutes 42 seconds, a tangent of 20.25 feet, a length of arc of 39.28 feet
and a chord bearing and length of SOUTH 82 degrees 33 minutes 13 seconds EAST
38.69 feet to a point for the Northeast corner of this tract, same lying in the common
boundary line of said Lots 7 and 8, same lying SOUTH 09 degrees 47 minutes 04
seconds EAST 5.30 feet from the common rear corner of said Lots 7 and 8;
THENCE, along said common boundary line of Lots 7 and 8, SOUTH 09 degrees 47
minutes 04 seconds EAST 2.20 feet to the point of beginning and containing 87.90
square feet of land.
I hereby certify that this survey as reflected in the above Field Notes and attached
plat conforms to the current Texas Surveyors Association Standards and
Specifications for a Category IA, Condition H Land Survey.
Dated this the ? day of 7aNB , 2010.
/d+ 14 !/ry
Ronald A. Voss,
Registered Professional Land Surveyor No.2293
EASEMENT CLOSURE
LOT 11
LOT 10
This property Iles within Zone A-13(10),
according to FIRM 88 which
is within the 100 year Flood Plain.
NOT VALID WITHOUT ORIGINAL
SIGNATURE ANDORIGINAL
RIGINAL SEAL.
! / 1 v�
[R = 175.00'; LA = 118.22]
9 VIRGINIA HILLS DRIVE
(30' R.O.W.)
Registered Professional Land Surveyor Stats of Texas No. 2293
4*".:ca.".5
;*:
RONALD A. VOSS
�� go 40539 :'�
EN.'....
DATE:
REVISION:
CREW: RS & DL
OFFICE: RV & DB
06/09/10
GF#: 101081
JOB#: 10-4239
87.90 S.F. of 7.5 Utility Easement of
Lot 7, Block 4, Virginia Hills Subdivision
Volume 64, Pages 33-34 (M.R.N.C.T.)
Corpus Christi, Nueces County, Texas
KEY: WOOD FENCE
[RECORDED] WIRE)FENCE
(MEASURED)
VINYL FENCE
MOW EMBEEERNO,
WEEMSgi LOAN SUMMIT 0-
ONEENWOOD OWE, CORM CHI w4' 172EN3 7 475
PHONE: ', r, 1.864.26 FAX: WWI
.rr„
0 25 50
Feet
Proposed
Easement
Closure
Easement Closure
Utility Easement
Date: 7108!2014
File: E:4Lat 7, Hack 4. Virginia Hills Subdvlslonmxd
Prepared By: Demads S
City at Carpus. Christi Development 9ervices.GIS
LOCATION MAP
e =
City of
Corpus
Christi
Duct 'IMP.' 01(322:59
t Poses 8
08/26/n10 I2g 31PM
Official Re=cords o
[ UECES COUNTY
DIANA T. BAkRERA
COUNTY CLERK
FePs 143.00
Ails provision herein which restricts the Sitteg
Rental or use sof the described
=TEAL PROPERTY because of Race), Colory.
R;±lraionr Sexp H cndii:cuF
S Familial Status,. or
National Orisin is invalid and unenforceable
under FEDERAL LAW 3/12/89.
STATE OF TEXAS
COUNTY OF NUEC:E S
1 herebj cert ifi i that this instrument was FILED
in File number sequence on the date and at the
time stamped herein bi mey and was dull RECORDED
in the Official P'ubli'c Records of
htueF_es Countu k Texas
Diana Tc f karreru
`` ; `,i`4
��
City of Carpus Christie
Development Services/
Special Services
2406 Leopard, Suite 100
Corpus Christi, TX 78408
ArtitNAA,4.)