HomeMy WebLinkAboutC2007-135 - 5/7/2007 - NAUTlLITY EASEMENT ENCROACHMENT AND
HOLD HARMLESS AGREEMENT AND COVENANT
~l'ATE OF TEXAS*
COUNTY OF NUECES*
U~hereas, the property improvements located at 809 Derry Drive, Corpus Christi,
Pit,ieces County, Texas, 78408, also known as Lots 1-3, Biock 1, Padre interstate 37
B~siness Park Unit 2, a recorded subdivision in Nueces County, Texas, according to
tF~e map recorded in Volume 64, Pages 244, Map Records, Nueces County, Texas,
at!e e~cxoaching onto a City of Corpus Christi utility easement, as shown in the
a~tachea! Exhibit Aj
Tl~eref~t+e, I, Richa~d J. Franco, as Chief Executive Officer of the Housing Authority
of Corpt~s Ch~isti, Texas, owner of the real property and improvements located at 809
~rry ~ve, Corpus Ch~isti, Nueces County, Texas 78408, also known as Lots 1-3,
Bbck 1, Padre Interstate 37 Business Park Unit 2, Seabreeze Senior Apartments, a
recorded subdivisio~ in Nueces County, Texas, according to the map of which is
re~corded in Volume 64, Page 244, Map Records, Nueces County, Texas, in
cc~nside~a#ion of the Ciry consenting to the encroachment by the Housing Authority of
C4rpus Christi, Texas, into a portion of the utility easement adjacent to the Prope~ty,
a~ee to forever bind itself, the Property, its successors, subsequent owners and
a~igns with the fo(iowing covenants;
Owner agrees to hold harmless the city and each other public utility utilizing the
e~ement on the Property for any damage that may occur to the imp~ovements the
Property as a result of any future utility work in the easement; and
OWNER, COVENANTS TO FULLY INDEMNIFY, SAYE AND HOLD HARMLESS
T!~ C17"1~ OF GORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS,
At~D A1~1( PUBLIC UTILlTY UTILlZ1NG THE EASEMENT ON THE PROPERTY, ITS
OI~ICE~S, EMPLOYEES, AND AGENTS ("INDEMNITEES") AGAINST ANY AND
At,~. LI~UTY, DAMAEE3E, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY
N~TUR~ WHATSOEV~R ON ACCOUNT OF PERSONAL INJURIES (INCLUDING,
W~HOIlT LIMITATION ON THE FOREG~ING, WORKERS' COMPENSATION
AI~ DElkTH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND
Wl~ATSAEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED
W~'H, OR ARE CLAIM~D TO ARISE OUT OF OR BE IN ANY MANNER
CC~INECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE,
~P~RA~?N, USE, MANVTENANCE, REPAIR, RESTORATION, OR REMOVAL OF
UT'~ITI~B AND ANY Eh~ROACHMENTS ONTO THE CITY OF CORPUS
CF~tISTi'~i UTILITY EA~MENT, INCLUDING THE INJURY, LOSS OR DAMAGE
C~,lSED ~3Y THE SOLE OR CONTRIBUTING NEGUGENCE OF THE
IN[#~MNf'-EES OR ANY OF THEM.
~'t107-135
OS/07/07
Housin~ Autho+-ite
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The City of Corpus Ghristi. '~exas consents to the encroachment into the said utility
easement as ~s reflected on Exhibit B attached hereto. The City of Corpus Christi,
Texas. reserves the r~ght to revoke this consent upon sixty (60) day's notice and require
the removal of the encroaching improvements at the cost and expense of the Housing
Autnority of Corpus ~~hnsti. Texas Should the Housing Authority of Corpus Christi,
Texas, fail or refuse to remove the encroaching improvements after receiving notice of
the revocation of this consent to encroachment, the City of Corpus Christi, Texas, may
cause the removal of the encroaching improvements. at the sole cost and expense of
tMe Housing Authority of Corpus Christi, Texas.
This agreement shall be construed ~n accordance with the laws of the State of Texas. If
any portion of this instrument is held invalid the balance shall continue in full force and
e##ect
This agreement is a covenant running with the land and shall be recorded in the Official
Public Records of Nueces County, Texas
H~busirtp Authofity of ~e " f Corpus Christi, Texas
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B~.
~pme: co
Titie Chief Executive Officer
A~est
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TWE STATE OF TEXAS §
C~UNTY OF NUECES §
This insErument was acknowledged before me on Richard J. Franco , 2007
bY C.~ef Executive Qfficer , of the Housing Authority of Corpus Christi, Texas, as
tt~c act ar-d deed of the Housing Authority of Corpus Christi, Texas.
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(5eal} Notary~ublic in and for the State of Texas
;~~ ~'"`~. EVA SHUL7S
~` ~" MY CdMMISSION EXP~RES
~' ~` ~~ JANUARY 27, 2008
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CITY OF CORPUS CHRISTI ("City")
F' O Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTEST: '
B~: _,__._._ BY:
Armando Chapa G or e K. Noe
City Secretary City Manager
APPROVED AS TO FORM: This ~ day of t'r~ , 2007.
G~ ` mith, Assistant Cit Attome
y y
Far the City Attorney
TF~ STATE OF TEXAS §
C4UNTY OF NUECES §
Th~s ~nstrument was acknowledged before me on the ~ day of . , 2007,
by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas mu icipal
cor~oratio~. on behalf of the corporation.
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Notary ublic, State Of Texas
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`"• ~'i,'L PK OLIVAREI
i~ "= Notary p~~~, 5t~te of Tsxas
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