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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 H:1LEG-DIR1Shared \LEGAL-DEV.SVCS12010 Agenda18-17-101ORD-abandon-vacateUtilEasement-Olson-VirginiaHills.doc 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 H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agendal8-17-101ORD-abandon-vacateUtilEasement-Olson-VirginiaHills.doc 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 H:1LEG-DIRIShared \LEGAL-DEV.SVCS12010 Agenda18-17-101ORD-abandon-vacateUtilEasement-Olson-VirginiaHills.doc 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 H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda18-17-101ORD-abandon-vacateUtilEasement-Olson-VirginiaHills.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) 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 H:1LEG-DIRIShared\LEGAL-DEV.SVCS12010 Agenda18-17-101ORD-abandon-vacateutilEasement-Olson-VirginiaHills.doc Page 3 of 3 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 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda18-17-101ORD-abandon-vacateUtilEasement-Olson-VirginiaHills.doc 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.)