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Home My WebLink AboutC2007-496 - 11/20/2007 - Approved~' ~' Dac# ~~~~Qt~898tt~ HOLD HARMLESS AGREEMENT AND COVENANT STATE OF TEXAS* COUNTY OF NUECES* Whereas, the property improvements located at 4225 Lake Apache Drive, Corpus Christi, Nueces County, Texas, 78413, also known as Lot 7, Block 7, The Lakes Unit 5D, a recorded subdivision in Nueces County, Texas, according to the map recorded in Volume 57, Pages 65-66, Map Records, Nueces County, Texas, are encroaching onto a City of Corpus Christi (City) utility easement, as shown in the attached Exhibit A; and Whereas, in consideration of the City abandoning and vacating said portion of the utility easement, I, Ronald A. Voss, (Owner) agree to hold harmless the City for any damage that may occur to my improvements at 4225 Lake Apache Drive, as a result of any future utility work in the easement; Therefore, I, Ronald A. Voss, as owner of the real property and improvements located at 4225 Lake Apache Drive, Corpus Christi, Nueces County, Texas, 78413, .also known as Lot 7, Block 7, The Lakes Unit 5D (Property), a recorded subdivision in Nueces County, Texas, according to the map of which is recorded in Volume 57, Pages 65-66, Map Records, Nueces County, Texas, agree to forever bind myself, my heirs, the Property, my successors, subsequent owners and assigns with the following covenant: OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAt LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF UTILITIES WITHIN THE EASEMENTS ABUTTING THE PROPERTY AND IMPROVEMENTS LOCATED AT 4225 LAKE APACHE DRIVE, ALSO KNOWN AS LOT 7, BLOCK 7, THE LAKES UNIT 5D, A RECORDED SUBDIVISION IN NUECES COUNTY, TEXAS, ACCORDING TO THE MAP RECORDED IN VOLUME 57, PAGES 65-66, MAP RECORDS, NUECES COUNTY, TEXAS, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. 2007-496 Ord. 027495 11/20/07 Voss, Ronald A. ~N~~:~~ICI'1 This agreement shall be construed in 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 effect. This agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas. Owner of ¢~~ ~" ~.~ ~~/°~~ THE STATE OF TEXAS COUNTY OF NUECES~ This instrument was acknowledged before me on flC~drJe~' 3t ~ , 200,x? by ~ac,czl2 A•Ju55 as owner of the property known as ~+'1 t3-r=.~, 7tie l.a~~c.es w+~~~~ physical address being ~-) Z~-5 C.c~ A~tche, Corpus Christi, Texas 78413 o~PVr~B., AMANDA MARIE SMART _ •~.. s - _ rz°~ °` Notary Public, State of Texas My Commission Expires Notary Public in and for the State of Texas s ~ a, Zoos ~''%%;~„~~' Ma {Seal) (~,. 1 ~ AUTHORILt~ gY C~OURCIL 0 0 SECRE'('14RY ~~ 12/14/2007 20:03 3620534696 WS.i [7JGIh~21NG L„,~ h .Z.., PAGE 01 LQT 6 L 35 Y,R EASEMENT CLOSURE ,>,~~~~>n~ .~e.,o>e F~ ,.~,~, Is (10l vlrin tlv 100 year Phis. EXW161T A o~Te: ionvo~t 110.2 S.F. of a 7.5 Foot Utility EaAement within rt~ns~or2:~a2a~o7.11n+ro7 Lat 7, 81ock 7, The Lekes Unit 5D CRFAt: R3 a DL OFFICE av a an V. 57, P, 65-66, (MRNCT), c>=r: Corpus Christi, Nuaces County, Texas. roe r. na.9mj SHEET10F2 ~~~C%I~v J~J L~~t1VL1~~~~~~ ~UV~ . Q ~.nam ~ma~o~a~ 0~i1~ s'9, i scALt i- = zu• ~ ~a E70RTINf1 -Mtl10lE 2~' ALLEY n I' iR=1721.78', LA=76.00 p.or°ror u.1AD T • aw ~, p I ~ LOF 7 0 1 N i>.aa s.r. I '' of 7s u,e, g ~ ~ TO BE CLOSlD LOTS I ~ a~° i+~ ~q~ I~ a to a ~u{ v y" 2 ~I~ H, ~i~ q~ N (~ UJ 1~70.1I 6S uoaL (R=1601.78`, 1A=70.70') ~=ar~ar R ~ tp{.7l u=t.ea ~ "`"~•°~~~E"° ~~ 4225 LAKE APACHE DRIVE (b0' RO.W.) EXll71NC3 A1Atpi0lE STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instru®ent was FILED in file number sequence on the date and at the ties stooped herein by ae, and was duly I~GORDED in the Official Public Recflrds flf NueceS County, Texas ~~r~ ~_.~.. DIANA T. BARERRA NUECES COUNTY, TEXAS An rovi5ifln herein which restricts the Sale, A ental flr use of the described REAL PROPERTY because of Race, Cfllflrt Religg~an, Sex, Handicap, Fa®ilial Status, flr Nat Tonal Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. DflC~ c~QJ$fLt$$'98(O #Pdge54 02/27/2008 4:07PM Official Records flf NUECES COUNTY DIANR T, AARRERA COUNTY CLERH l~ee5 (27.00 City o4 Gorpus Christi Development Services/ Special Services 2408 Leopard, Suite 100 Corpus Christi, TX 78408 Y~ I~oc# c~$8~~8`379 ORIGINAL THE STATE OF TEXAS § COUNTY OF NUECES § CERTIFICATE I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Resolution No. 027495 passed and approved by Corpus Christi City Council on November 20, 2007 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 26th day of November 2007. ~,~. ~~,, ~. - .. ~; <r i. ,~_ 1 i p l i t ~ v r ~ ~~' ~fi S~ F H. i .k 1p 4 :~, , ,x~ . i;`.. ;' r> ~.~ ~ . ~,~~ ~, (S E~A~~~) ;~f ~,........ ... r Armando Chapa City Secretary Corpus Christi, Texas Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 110.20-SQUARE FOOT PORTION OF A 7.5-FOOT WIDE UTILITY EASEMENT OUT OF LOT 7, BLOCK 7, THE LAKES UNIT 5D, ADJACENT TO LAKE APACHE DRIVE AND APPROXIMATELY 80-FEET NORTHWEST OF THE LAKE TRAVIS DRIVE AND LAKE APACHE DRIVE INTERSECTION; REQUIRING THE OWNER, RONALD A. VOSS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Ronald A. Voss is requesting the abandonment and vacating a 110.20- square foot portion of a 7.5-foot wide utility easement out of Lot 7, Block 7, The Lakes Unit 5D, located adjacent to Lake Apache Drive and approximately 80-feet northwest of the Lake Travis Drive and Lake Apache Drive intersection, in order to correct an encroachment. 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) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 110.20-square foot portion of a 7.5-foot wide utility easement out of Lot 7, Block 7, The Lakes Unit 5D is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. A temporary utility easement is retained over, under, along, across, and through the abandoned right-of- way until the existing utilities in the easement are relocated or abandoned. The plat is recorded in Volume 57, Pages 65-66, of the Map Records of Nueces County, Texas. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Owner must pay the fair market value of ~ 303.00 within 30 days of the adoption of this easement closure ordinance, on a one-time payment basis, for the abandonment and vacation of the total 110.20-square foot portion of the 7.5-foot wide utility easement. 2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment of the utility easement arid the future maintenance of any existing public utilities in the easement, and any future public utility installations within the easement. Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas. a27~95 H:\LEG-DI R\Shared\GarvS\agenda\2007\11-20\ORD-abandon-vacateUtilEasmt-TheLakesSD-2. doc Page 2 of 3 3) City Wastewater Department has an existing 8-inch sanitary sewer line in the easement and will require that the Owner physically locate the sanitary sewer manholes in the front and the rear of the properly and tie-down the sanitary sewer line from manhole to manhole, showing the distance of the sanitary sewer line from the property line and from the foundation of the house. 4) Owner shall maintain the area between the existing house 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. 5) 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. 6) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the house. 7) 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 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 20th day of November, 2007. ATTEST. Armando Chapa City Secretary CITY F CORPU CHRISTI enry Ga ett Mayor, City of Corpus Christi APPROVED: November 14, 2007. `~ f Gary W Smith Assistant City Attorney For City Attorney H:\LEG-DI R\Shared\GaryS\agenda\2007\11-20\ORD-abandon-vacateUtilEasmt-TheLakesSD-2.doc Page 3 of 3 Corpus Christi, Texas a~~ Day of N~/Q~ , 2007 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, H my Gar tt Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett ~~- Melody Cooper ~ ~Se~~- Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Q ~'~ ~~5 ~.~~ c.- ~~o~~~.,.ea~~.,.,,c~,,,o.,,~~~~nm~~~_~rnnRn-ahandnn-vacateUtilEasmt-TheLakes5D-2.doc ~ ~ • ~~ m dr m ~ F~ i/r ~u i ~sw ~cm m ~a~ SH°~~ ~a °~ 5°~ ~ :~ ` en" t ~ ~ ti~ ~~ r'D~' d y v 6 ~ d m ~~ =a,/Qa, ~ t'an~ ca 4 ~ ~nYOn 4 ' ~ Charles, °' ~ Mnine.-w~ VICINITY MAP [R=1721.78', LA=76.00'] 0 N_ LOTS N cn w~ --~-- a ~ ~ (LG-70.08~ Y [L.A=70.101 J ~ L-0P.R.C. p= oo° or ost- R=1771.78' LA = 1.00' T = 0.50' 6.5' - ~. q W, ~~ LOT 7 ~ 07 110.2 S.F. OP 7.5' U.E. c c TO BE CLOSED ono oNo ~yW ~ N N i+1 ~ ~q~ Nz yw q~ '~~ q a ~~ 6.5' Q= oo° oz' os^ R = 7801.78' LA = 1.00' T = 0.50' EASEMENT CLOSURE 4225 LAKE APACHE DRIVE EXHIBIT A DATE: 10/12/07 REVISION: CREW: RS & DL OFFICE: RV 8 RA GF #: JOB #: 06-9207 20' ALLEY [R=1601.78', LA=70.70'] ~~ ~`d L 10' U.E. 0 0 N W i+~ Z LOT 6 L 25' Y.R. This property lies within Zone B according to FIRM J which Is not within the 100 year Flood Plain. 110.2 S.F. of a 7.5 Foot Utility Easement within Lot 7, Block 7, The Lakes Unit 5D V. 57, P. 65-66, (MRNCT), Corpus Christi, Nueces County, Texas. SHEET 1 OF 2 ® ~~~~~ t,~-~1 SCALE 1" = 20' ..'. ~ STATE OF TEXAS JOB N0.06-9207 COUNTY OF NUECES ' 110.2 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 a 7.5 foot utility easement within Lot 7, Block 7, The Lakes Unit SD as recorded in Volume 57, Pages 65-66 of the Map Records of Nueces County, Texas, and described by metes and bounds as follows, to-wit: "~ COMMENCING at a 5/8 inch iron rod found for Ilse East corner of said Lot 7, same being the North corner of Lot 8, same lying in the Southwest right-of-way margin of Lake Apache Drive, same lying in a curve to the right with a radius of 1601.78 feet; THENCE, along said Southwest right-of-way margin of Lake Apache Drive and with said curve to the right, a length of arc of 6.50 feet to a point for the point of beginning of this tract, same being the Northeast corner of this tract; THENCE, along the Southeast boundary of this tract and parallel to the common boundary line of said Lots 7 and 8, SOUTH 54 degrees 43 minutes 29 seconds WEST 110.00 feet to a point for the Southeast corner of this tract, same lying in the Northeast boundary margin (a curve to the right) of a ten foot utility easement within said Lot 7; THENCE, along said Northeast boundary margin and with said curve to the right of said ten foot utility easement, a central angle of 00 degrees 02 minutes 09 seconds, a radius of 1711.78 feet, a tangent of 0.50 feet and a length of arc of 1.00 feet to a point for the Southwest corner of this tract, same being the point of intersection of said Northeast boundary margin of the ten foot utility easement with the Northwest boundary margin of the 7.5 foot utility easement within said Lot 7; THENCE, along said Northwest boundary margin of the 7.5 foot utility easement, NORTH 54 degrees 43 minutes 29 seconds EAST 110.00 feet to a point for the Northwest corner of this tract, same lying in said Southwest right-of-way margin of Lake Apache Drive, same lying in a curve to the left; THENCE, along said Southwest right-of-way margin of Lake Apache Drive and with said curve to the left, a central angle of 00 degrees 02 minutes 09 seconds, a radius of 1601.78 feet, a tangent of 0.50 feet and a length of arc of 1.00 feet to the place of beginning and containing 110.2 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 II Land Survey. Dated this the ~~ d~~f ~1cz~,sez , 2007. ~' ,i Ronald A. Voss, Registered Professional Land Surveyor No.2293 ~~. ORIGINAL STATE OF TEXRS COi~dTY OF NUECES I hereby certify that this instru®ent was FILED in file~nu~ber sequence nn the date and at the ti®e stooped herein b~+ ee, and was duly RECORDED in the Official Public Records of Nueces County, Texas ,~, { DIRNR T. BRftERRR NIECES COUNTY, TEARS Rny provision herein which restricts the Sale, R en a or use of the described RERL RRt~RERTY because of Race, Cialorz Religgion, Sex, Handicap, Fa,ilial Status, iar Nat innal tlrigin is invalid and unenforceable under FEDERRL LRW, s'/ 15/89. Dac# ~~f~l3(bf11Ei'97~ # pagges 7 iiL?12712@t~ 4:4~7~ Official Records of NUECf5 COUNTY D1RNR T, BRRRERR COUNTY CLERK tees #39.1~ib City of Corpus Christi Development Services/ Speoi8l$ervites 2406 Leopard, Suite 100 Corpus Christi, TX 78408