HomeMy WebLinkAboutC2008-555 - 9/30/2008 - ApprovedDoc# 200$044764
EASEMENT CLOSURE AND HOLD HARMLESS
AGREEMENT AND COVENANT
STATE OF TEXAS
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}
COUNTY OF NUECES }
ORIGINAL
Whereas, the property improvements located at 5439 River Trail Drive, Robstown,
Nueces County, Texas, 78380, also known as Heather Ridge Estates, Lot 7, a recorded
subdivision in Nueces County, Texas, according to the map recorded in Volume 59,
Pages 161 -163, Map Records, Nueces County, Texas, are encroaching onto a City of
Corpus Christi (City) utility easement, drainage easement, and drainage right -of -way, as
shown in the attached Exhibit A; and
Whereas, in consideration of the City abandoning and vacating a portion of the utility
easement, drainage easement, and drainage right -of -way, we, Ray E. Rabalais and
Teresa E. Rabalais, (Owners) agree to hold harmless the City for any damage that may
occur to our improvements at 5439 River Trail Drive, as a result of any future work in
the remaining easements and rights -of -way;
Therefore, we, Ray E. Rabalais and Teresa E. Rabalais, as owners of the real property
and improvements located at 5439 River Trail Drive, Robstown, Nueces County, Texas,
78380, also known as Heather Ridge Estates, Lot 7, (Property), a recorded subdivision
in Nueces County, Texas, according to the map of which is recorded in Volume 59,
Pages 161 -163, Map Records, Nueces County, Texas, agree to forever bind ourselves,
our heirs, the Property, our successors, and subsequent owners and assigns with the
following covenants:
1. Pay the fair market value in a one -time payment of $783.00 within 30 days of the
adoption of an easement closure ordinance, adopted by the City of Corpus Christi's City
Council for the abandonment and vacation of a total 1,931.10 square foot portion of the
20 foot wide utility easement, a total 611.43 square foot portion of the City drainage
easement, and a total 680.87 square foot portion of the 250 foot wide drainage right -of-
way.
2. Maintain the area, between the existing structure that encroaches into the City's
existing utility easement, drainage easement, and drainage right -of -way and the
remaining portions of the easements and rights -of -way, free of any permanent
structures that could prohibit access and maneuverability over the easements and right -
of -way area for the maintenance, repair, or replacement of any existing public utilities or
interfere with any future utility installations within the easements.
3. Allow access to the public utilities within the easements at all times without cost to
the City or any of the public utility companies for restoration of any surface
improvements and landscaping.
4. Comply with all the specified conditions of the ordinance within 180 days of the City
2008 -555
Ord. 027883 ant 1
sure
09/30/08
Rabalais, Ray E. And Teresa E.
INDEX
t'°
5. Upon approval by the City Council and adoption of the ordinance, all grants of
easement closures must be recorded at owners' expense in the real property Map
Records of Nueces County, Texas.
6. Prior to the approval of any building permit and construction on the owners property,
an up -to -date survey, abstracted for all easements and items of record, must be
submitted to the Assistant City Manager of Development Services.
7. OWNERS, COVENANT TO FULLY INDEMNIFY, SAVE, AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS,
EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND
ALL LIABILITY, DAMAGE, 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 5439 RIVER TRAIL DRIVE, ALSO
KNOWN AS HEATHER RIDGE ESTATES, LOT 7, A RECORDED
SUBDIVISION IN NUECES COUNTY, TEXAS, ACCORDING TO THE
MAP RECORDED IN VOLUME 59, PAGES 161 -163, 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.
8. Except failures to perform obligations under this Agreement that
result from the City's uncured default, the Owners' failure to perform
any obligation under the terms of this Agreement, including the
obligation to fully indemnify, save, and hold harmless the Indemnitees
under paragraph 7 of this Agreement, is deemed to be an event of
default by Owners.
9. If an Owners event of default occurs, prior to pursuing its remedies under this
Agreement, the City will notify Owners in writing and, except in the event of an
emergency. Owners will have ten (10) days to cure the Owners event of default (or an
additional period of time as necessary to complete the cure if the default cannot be
cured within the 10 -day period and Owners has commenced curing the default and
diligently proceeded to cure same to completion).
Hold Harmless Agreement and Covenant
Heather Ridge Estates Easement Closure
2
10. If the Owners event of default remains uncured on the expiration of the time period,
to cure the default, then the City has the option, but will not be required to cure the
default, or portion of the default as the City deems appropriate, including performing
Owners' obligations under this Agreement.
11. Owners grant and convey to the City and their agents, contractors, and employees
easements over the Owners' property Tract, as are reasonably necessary for the owner
or a utility to complete all or a portion of the work required to cure the default that is
located on the Owners Tract.
12. All sums expended by the City or the lndemnitees in effecting the
cure the default, including the owners' obligation to indemnify, save,
and hold harmless the lndemnitees under paragraph 7 of this
Agreement, will be paid by Owners to the City on demand, together
with interest from the date demand for payment is made until paid at a
rate equal to the rate of interest the City pays on its most recent sale
of bonds or instruments of financial responsibility, reasonable
attorney's fees, and court costs in collecting same, which sums will
be secured by a lien on the Owners' real property and improvements.
.13. Nothing contained in this Agreement will be construed to make Owners and the City
partners or joint- venturers, or to render them liable for the debts or obligations of the
other, except as otherwise expressly provided in this Agreement.
14. No delay or omission by either party to exercise any right or power accruing on any
failure of performance by the other party under the provisions of this Agreement will
impair any the right or power, or will be construed to be a waiver.
15. Should one of the Owners breach any of their obligations under this Agreement and
the breach continue for a period of ten (10) days after receipt of written notice, the other
Owner is entitled to cure the breach in addition to all remedies at law or in equity,
provided that the curing Owner furnish prior notice to the other Owner, and further
provided that no notice is required should the breach create an emergency or interfere
with use of a easement by the City or a utility.
16. All expenses required to cure the breach will be paid by the defaulting owner within
ten (10) days after receipt of written evidence confirming the payment of the expenses.
17. Any sums remaining unpaid under paragraph 12 of this Agreement, together with
interest calculated as specified in that paragraph, are secured by a lien on the property
described in this Agreement, and may be perfected under the laws of the State of
Texas. The lien retains the original priority of title of this Agreement.
18. The Owner's agree and understand that this Agreement
specifically provides for a lien on the Owner's real property and
Hold Harmless Agreement and Covenant
Heather Ridge Estates Easement Closure
3
improvements, described in this Agreement, in the event of a default,
as described in paragraph 8 of this Agreement.
19. In addition to the above, the City will be entitled to pursue any and all other
remedies available at law or in equity, which remedies will be cumulative and not
exclusive.
20. 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.
21. This agreement is a covenant running with the land, and must be recorded in the
Official Public Records of Nueces County, Texas, within 180 days of the City Council's
approval.
By: alf
Ray E. Rabalais
dinitz_Ce.
THE STATE OF TEXAS }
}
COUNTY OF NUECES }
This instrument was acknowledged before me on Se.p%ern'e r 2 S , 2008, by Ray E.
Rabalais, as an owner of the property known as Heather Ridge Estates, Lot 7, physical
address being 5439 River Trail Drive, Robstown, Texas 78380.
Hold Harmless Agreement and Covenant
Heather Ridge Estates Easement Closure
XAVIER GALVAN
Notary Public, State of Texas
My Commission Expires
February 01, 2009
0y�. 0,21V3) O27 O! 71 THORIZth
3Y COUNCIL ...0.:.4.1.3.0
SECRETARY
4
XAVIER GAIVAN
Notary Public, State of Texas
My Commission Expires
February 01, 2009
By: c
Teresa E. Rabat is
9
THE STATE OF TEXAS }
}
COUNTY OF NUECES }
This instrument was acknowledged before me on c 25 2008, by Teresa
E. Rabalais, as an owner of the property known as Heather Ridge Estates, Lot 7,
physical address being 5439 River Trail Drive, Robstown, Texas 78380.
c lee
Approved es to torn%
Hold Harmless Agreement and Covenant
Heather Ridge Estates Easement Closure
5
S89'2122
„Flo' U.E. 84.69'
NO038'38'W
_2000'
EXHIBIT A
UTILITY EASEMENT CLOSURE
FEMMES for the closing of o 20.00 toot wide utility
easement, out of Lot 7, Heather Rye Estates, o map of
which is recorded in Volume 59, Pages 161 -163. Map
Records of Runes County, Texas.
— S84'26'461
fte .t 24.76' Lot 7
4211 ft. �� Vol. 59 Pages 81 -163 Map
Records of Nunes Counts Texo
20' U.E. Closure
0.044 Acre, 1.931.10 Sq. Ft.
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EXHIBIT A
DRAINAGE RIGHT -OF -WAY CLOSURE
Lot 11
N89'21'22'E
67.65'
S89'21'22'W
67.65'
40
0�
-
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13.61
Drainage Right—of—Way
Closure
0.016 Pam. MOW Sq. R.
FIELDNOTES for the dosing 01 a portion of o 250 foot wide
dnanoge Right -of -Way as shown on the recorded plat 01
Heather Ridge Estates, a map of which is recorded in Volume
59, Pages 161 -163, Mop Records of Nueces County, Tema
Lot 7
va.
Heather Ridge 161 Estates
—63,1 Map
Records of Nueces County, Texas
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STATE OF NUE ES
I hereby certify that this instru.ent was FILED
in file nuuber sequence on the date and at the
tine stained herein by ee, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
4344:AA) .16m4mA,1
Diana T. Barrera
NIECES COUNTY, TEXAS
Any provision herein which restricts the Sale, R
ental or use
of the described REAL PROPERTY because of Race,
Color:
Religions Sex, Handicap, Faiilial Status, or Nat
ional Origin
is invalid and unenforceable under FEDERAL LAW,
3/12/89.
Doc# 2005044764
B Pages 1®
1*i116/2169 3:15PN
Official Records of
MECES COUNTY
DIANA T
COUNTY CLERK
Fees $51.81
City o ' rpus Christi
Development Services/
Special Services
2406 Leopard, Suite 100
Corpus Christi, TX 78408
ORIGINAL
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF NUECES §
Doc# 2008044761
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. 027883 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 1,931.10- SQUARE FOOT PORTION
OF A 20 -FOOT WIDE CITY UTILITY EASEMENT, 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 1,931.10- square foot portion of a 20 -foot wide City
utility easement 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 1,931.10- square foot portion of a 20 -foot wide City utility easement
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 Owner's 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
027883
C: \DOCUME -1 \YvetteA \LOCALS -1 \ Temp \ORD - abandon- vacateUtil- DrngROWEasement- Rabiais- HeatherRidge.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 Owners' 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.
A istant City Attorney
For City Attorney
CITY OF
RPUS CHRISTI
H = ry Garre
Mayor, City of Corpus Christi
C: \DOCUME -1 \YvetteA\LOCALS— 1 \ Temp \ORD - abandon- vacateUtil- DrngROWEasement- Rablais - HeatherRidge.doc
Page 3 of 3
Corpus Christi, Texas
3 1 Day of
, 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
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
Alosad-
AA44-
027883
C: \DOCUME -1 \YvetteA\LOCALS -1 \ Temp \ORD - abandon- vacateUtil- DrngROWEasement- Rablais- HeatherRidge. doc
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Exhibit A
20.00 Foot Wide Utility Easement Closure
Revised
September 22, 2008
July 30, 2008
Job No. 41651.00.01
State of Texas
County of Nueces
Fieldnotes for the closing of a 20.00 foot wide utility easement, out of Lot 7, Heather Ridge
Estates, a map of which is recorded in Volume 59, Pages 161 -163, Map Records of Nueces County, Texas;
said easement closure 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 a corner of this easement, from which corner
the west boundary of River Trail Drive, a 60 foot wide public roadway, for the southeast comer 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 309.53 feet;
Thence, South 84°26'46" East, along the northeast boundary of this easement closure, a distance
of 24.76 feet for the east comer of this easement closure;
Thence, South 41 °40'02" West, along the south boundary of this easement, a distance of 28.00
feet, for the southeast corner of this easement closure;
Thence, South 89°21'22" West, continuing along the south boundary of this easement closure, a
distance of 84.69 feet for the southwest corner of this easement closure;
Thence, North 00 °38'38" West, along the west boundary of this easement closure, a distance of
20.00 feet to a point on the north boundary of said Lot 7, for the northwest comer of this easement closure;
Thence, North 89 °21'22" East, along the north boundary of said Lot 7, same being the north
boundary of this easement closure, a distance of 75.85 feet for a corner of said Lot 7 and of this easement
closure;
Thence, North 41 °40'02" East, along the north boundary of said Lot 7 and of this easement
closure, a distance of 4.57 feet to the Point of Beginning and containing 0.044 Acres, (1,931.10 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.
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(361)854 -3101 2725 SWANTNER DR. • • - IS CHRISTI, TEXAS 78404
SA Surveying \HOUSETIES\HeatherRidgeEstates labra MM.doc
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License No. 4710
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FlEIDNOTES for the closing of a 20.00 foot wide utility
easement, out of Lot 7, Heather Ridge Estates, a map of
which is recorded in Volume 59, Pages 161 -163, Map
Records of Nueces County, Texas.
6
24.76'
Lot 7
Heather Ridge Estates
Vol. 59. Pages 161 -163, Map
Records of Nunes County, T
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STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
j3441.." AO 611MAILP)
Diana T. Barrera
M.ECES COUNTY, TEXAS
Any provision herein which 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# 2008044761
# Paagges 9
18/86/28 3:15PN
Official Records of
METES COUNTY
COUNTY T BRK
Fees $47.88
City of Corpus Christi
Development Sences/
Special Services
2406 Leopard, Suite 100
Campus Christi, TX 78408
ORIGINAL