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HomeMy WebLinkAboutC2008-556 - 4/29/2008 - ApprovedD4c# ~i1~Qt~Q~~+Zi3$c lp HOLD HARMLESS AGREEMENT AND COVENANT STATE OF TEXAS* COUNTY OF NUECES* Whereas, the property improvements located at 3606 Giants Drive, Corpus Christi, Nueces County, Texas, 78414, also known as Lot 2, Block 3, Manhattan Estates Unit 1, a recorded subdivision in Nueces County, Texas, according to the map recorded in Volume 65, Pages 141-143, 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, we, Andre and Elizabeth Gaspard, (Owners) agree to hold harmless the City for any damage that may occur to my improvements at 3606 Giants Drive, as a result of any future utility work in the easement; Therefore, We, Andre and Elizabeth Gaspard, as owners of the real property and improvements located at 3606 Giants Drive, Corpus Christi, Nueces County, Texas, 78414, also known as Lot 2, Block 3, Manhattan Estates Unit 1 (Property), a recorded subdivision in Nueces County, Texas, according to the map of which is recorded in Volume 65, Pages 141-143, Map Records, Nueces County, Texas, agree to forever bind ourselves, our heirs, the Property, our 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, 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 3606 GIANTS DRIVE, ALSO KNOWN AS LOT 2, BLOCK 3, MANHATTAN ESTATES UNIT 1, A RECORDED SUBDIVISION IN NUECES COUNTY, TEXAS, ACCORDING TO THE MAP RECORDED IN VOLUME 65, PAGES 141-143, 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. 2008-556 Ord. 027680 04/29/08 Gaspard, Andre and Elizabeth ~f~~~~~ ~U 1 NuK~ru- SECRETIkR ~1~t~~:/~=U 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, within 180 days of Council approval. Y• ~' Mr. Andre Gaspard Mrs. lizabeth Gaspard Owner of Lot 2, Block 3, Owner of Lot 2, Block 3, Manhattan Estates Unit 1 Manhattan Estates Unit 1 THE STATE OF TEXAS* COUNTY OF NUECES* This instrument was acknowledged before me on ~ ar r`.~ ~. ~ , 2008 by Andre Gaspard as owner of the property known as Lot 2, Block 3, Manhattan Estates Unit 1, physical address being 3606 Giants Drive, Corpus Christi, Texas 78414. ,} No ry Publ c in and forth S to of Texas ,~ P~of Tex s (Seat) ~ Commission Expires _y-~7~:~o/D THE STATE OF TEXAS* COUNTY OF NUECES* This instrument was acknowledged before me on ~ (,~~ ~' 1 ~~ , 2008 by Elizabeth Gaspard as owner of the property known as Lot 2, Block 3, Manhattan Estates Unit 1, physical address being 3606 Giants Drive, Corpus Christi, Texas 78414. ,,, ~ _ of ry Public in and for Vhte of Texas (Seal) Public of Texas __.4 ommisaion ~xpiPes HURRAY BASS, IR., P.E.,R.P.L.S. I`tIXON M. WELSH, P,E.,R.Pd..S. ~v~~rw.bass-welsh.com 3054 5. ALAMEDA, ztP 78404 PH. 361 882-5521- FAx 361 882-1265 e-mail: murravir n aol.com e-mail: nixm~-Caaol.com P.O. Box 6397 Corpus Christi, TX 78466-6397 3anuary 15, 2005 M&B3 ,., State of Texas County of Nueces Description of a 65.10 SF tract of land, more or less, a portion of a 7S' Utility Easement in Lot 2, Black 3, Manhattan Estates Unit 1, a map of which is recorded in Volume 65, Pages 141-143, Map Records, Nuetxs County, Texas, said 65.10 SF tract of land as ftttther described by metes and bounds as fa2haws; BEGINN1AhG at the westernmost corner of tract herein described, said beginning point bears N29°00'00"E 6.90' from the westernmost corner of said Lot 2, Block 3, Manhattan Estates Unit 1; THENCE N29°00'00"E 0.60' along the west boundary line of said Lot 2, Bloch 3, Manhattan Estates Unit 1 to a point for the northwest corner of the tract herein described; THENCE S61°00'00"`E 108.50' to a point i'or the easternmost wrner of the trac.'t herein dest~ibed; THENCE S29°QO'00"W 0.60' to a point for the southeast corner of the tract herein described; TFi]ENCE Nb1°00'00"W 10850' to the P©INT OF BEGIId1+TING, a sketch showing said 65.10 SF tract of land being attached hereto as Exhibit `B". ~.~ ~~~~' ~, ~~j j}~~l!~~le~~ t E~ 'd~i. `ld~7A? 4?L)e r e1~ - ~- ••y-.-~ y •, ~s a~ avaorea.ee....aea`s.i ~~'~l ltt~i~'~ ~~°l O e.Oe,si~Of eee e•ae~4a :~ g~~r avid W. Re ..L.S. E~BIT "A" Page 1 of i EXN~b~~ ~ CL G I ANTS DR. ° N m ~o ~ °° ~ o 'o n D o I r- o 0 r~ N o ~, o ~ a n N S29° 00' 00' W 153. 18' mz I N ~O t0 -P O ° o 'O O o D I 3 25` YR ~ fTl I r~ ~- ~ I < ~-,~ < C 3 D 7C ut= ~ ~ ~ ~_ rl ~ z cn d ~ vD (~ ~ ~ p -~~ ~ x r z I (T~ ~ O ~ ~ z r C -I ~-+ '~" ~ I o o ~ '; vii y l Z p td W ,r _, o o n R, ,-- -i -1 d ~' w -bi ~ ~ r w -bi ~ ~ d p bd ~ z d ~ D c~ ,,, I 0~ n ~-. u ~--i ~ .~ U1 --~ o ~ I ~ O i p ( ~ ~ W Z I ~ ~ I ------1- ------ 7.5'UE _< o v~ ~ Ul ~ ~O (n C7 C7 O _ N 0~ b f=r100D ~ZO7(D ~-• O~ ~-' ~S ~~~rn~~~.~ ~oo cn ~~ c W -~ -~Dn Z~Z _ -~D_'p~p O ~Z ornm = ~ ~m ~'' ~~ m~~ ~ v~ ~ O~NxNrn ~~ ~ ~ ~ X fTl Vl O z 3 Qp G7 C z A Z H m z z ~ ~-' EXHIBIT A c~ -~ BROOK RD. "SITE" 9~, ~y F ~~ SLOUGH ROAD d a J W N Q Q MASTER CHANNEL 31 Y~RKTOWN BLVD. LOCATION MAP i ° = i ooo' MANHATTAN ESTATES UNIT 1 LOCATE C t~ MAP CORPUS CHRISTI, TX EXHIBIT A STATE OF TEXA5 COUNTY OF NUECES I hereby certify that this instru®ent was FILED in file nu®ber se~uente an the date and at the tiee sta~ped herein 6y eef and was duly RECORDED in the Official Public Records of Nueces County, Texas .~ F DIANA T. BARERRA NUECES COUNTY, TEkAS Any provision herein which restricts the Sale, R en a ar use of the described REAL PR~ERTY because of Race, Calart Religgion! Sex, Handicap, Faeilial Status, or Nat ianaI Ori in is invali~ and unenforceable under FEDERAL Lf~d, 3ii2l6'~, Uoc# ~~~~~-~~3~ # Pa_gges 6 05f~8/2Ok18 ~.c6PN Official Retards of NUECES COUNTY DIANA T, BARRERA` COUNTY CLERK Fees 935.~~ aerciroat f'~ Cjh' cf corpus ch~irdi l./ Oevetcpment So Special ~/ ~~l~,1~0 ~+-~i, w' r I)oc# ~+Zi~~~~~,~,8~ 1 I~RIGIMAi 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 Ordinance No. 027680 passed and approved by Corpus Christi City Council on April 29, 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 1st day of May, 2008. Q ~ ~' ~.~,~ E ° a ~~' ~' ° , "~,~ ~~~ _ , r ~ ~ , ~ ~ p a ~ R ~ ~ ' ~J~~ "' " ~ a ~, i . ~~~ 4 c .. ~,.. ~~ ~ .,hY.. ~/ i ?,.. ~;t r. r •yi _i Armando Chapa City Secretary Corpus Christi, Texas Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 65.10-SQUARE FOOT PORTION OF A 7.5-FOOT WIDE UTILITY EASEMENT OUT OF MANHATTAN ESTATES UNIT 1, BLOCK 3, LOT 2, ADJACENT TO GIANTS DRIVE AND APPROXIMATELY 130-FEET WEST OF THE WALL STREET AND GIANTS DRIVE INTERSECTION; REQUIRING THE OWNERS, MR. & MRS. GASPARD, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Mr. and Mrs. Andre Gaspard (Owners) are requesting the abandonment and vacating of a 65.10-square foot portion of a 7.5-foot wide utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130-feet west of the Wall Street and Giants Drive intersection to correct an encroachment resulting from a residential structure constructed over a portion of the easement; 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 65.10-square foot portion of a 7.5-foot utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130-feet west of the Wall Street and Giants Drive intersection, as recorded in Volume 65, Pages 141-143 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right-of-way is conditioned as follows: 1) Owner pay the fair market value of $161.00 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 65.10-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 and -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 asset 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; 02768a H:\LEG-DI R\SharedWay\Agenda\2008\4-29\ORD-abandon-vacateUtilEasmt-Gaspard-ManhattanEst.doc Page 2 of 3 3) City Gas Department has an existing 2-inch gas line in the easement and requires that the Owner physically locate the gas line, showing the distance of the gas line from the property line and from the foundation of the house. 4) 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 29th day of April, 2008. ATTEST: CITY O~ CORPUS CHRISTI Armando Chapa e ry City Secretary Mayor APPROVED as to form: April 21, 2008 13y: v . J Reini First Assistant City Attorney For City Attorney H:\LEG-DI R\SharedWay\Agenda\2008\4-29\ORD-abandon-vacateUtilEasmt-Gaspard-ManhattanEst.doc Page 3 of 3 Corpus Christi, Texas _ ~?~ 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, Henry Garr t Mayor 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 q ,~ ~~ Nelda Martinez Michael McCutchon oz~s~o H:\LEG-DI R\SharedWayWgenda\2008\4-29\ORD-abandon-vacateUtilEasmt-Gaspard-ManhattanEst.doc ,..,r 2vEL1RRAY $ASS~ .lR., P.S,R.P.L..S. 354 S. ALAMt3VA, ZEl' ?84Q4 '.vrXOx M. WELSH. P.S, R.Pd..5. PH. 361 882-3321-FAX 35i 882.1265 www.bass-weish.com a-mail: murravir~'aol.com e-mail: m~r~a 1Q com ~AtS~ ~ 71~a•+aJ~~ ~1r~1i~AJ~,~r1~i~7l~Vr P.O. Box 5397 Corpus Christi. TX 78465-5397 ... 3amtiaty 15, 2fl08 M8aB3 .•~ State of Texas $ County of l~iixeces ~ Description of a 65.113 3F tract of lannd, mare or leas, a portion of a 7.5' Utility Rascnneaat in Lot Z, Block 3, Ivianhattaa Estates Unit 1, a azap ofwhich is rcwrded in Volwna 65, Pagas 141-1~t3, Map Rceords, N~aeoes County, Texas, said 63.10 SF tract oaf land as fiuther descrc'bed by metes and bonnda as follows; l3Y~G1NNiNC at the west~naioat eoraer of tract herein described, said beginning point beats NZ9°(10'00"E b.90' from the westernmost eoraer of said Lot 2, Block 3, Manhattan Estates Unit 1; THENCE N29°OQ'00"B 0.60' along the west boeuudary ling of said Lot 2, Block 3, Manhattan Bstates Uait 2 to a point fox the northwest warner of the tract herein descaribed; THENCE S61°00'OO~B 148.50' to a point for tits tsasteramast wrncft of thct tra~:t herein detscaribt:d; THENCE S29°00'00"W 0.60' to a point for the southeast corner of the tract herein described; THENCB N61°00'00"W 11?8.30' to the POINT OF BEGlitlivlNG, a sketch showing Said 65.10 SF tract of land being attached hereto as l3xlu'bit'B". ~~. aYid YV. Re ..1:,,,5. ,e_R~~_-~1~~ 9 ,~'t~ ~~ e~,~s~.s• ~~a ~w~~rrvv ~=Q. a~r'4' :~ EXHIBIT "A" Page 1 of 1 EX~~~`~ t1 Q~ a r r~ I I N O u ro 0 CL' GIANTS DR. ° ro m~ o• -.. , o °. o o 0 N • o ~ I*I L~ c~ f*I to ~ ~ ~ ~ ~ d ~ bd = ~.Z ~ ~V/~ V I r"1 \~~ E'T'I ~ ~ ~ (7 ~ ~ D ~ ~ ~~ --F ~-, Z ~N ~' O ~o 0 25' YR r; f ~ ~ ( 11 = V ~ N ~~ i z ~ i I ~ + r I*'I W W -"1 I w s ~ ~ d x7 Z m .-• I Z --I n~ 1 ~ tl I -___. ~ .r...- . ..1 __.. 7. S' UE X r ~ b (!! '~ `U to ~ (') = r' i'- C) O ~ rr fTI~~~~.Z}~A ~'~~ s0 4 O ~ ~ ~ o ~+ morn x O ~ Cn ITI • ~ ~ f': 0~0 ~ ~ Z n1 rn z c~ o v~ ' N O ~ .~ O O 0 ro cn o ~ o S29° 00' 00' W 153 18' ~ v I © e - --~- ----- ~ I~ p r C 3 ~ ~ i " i ~ 1 0- ° a d O ~ ~z ~ ~- ~ f yt O O C7 N +~ ~ ~l ~r ICI © w ` r ^ V J 00 QO ~ Z ~ 7d O p Z --I ~ n r Ul :-i V ~-•+ O I ~ W c '*1 r*I I C~11 Z ul ~ a ~ ~ «~ Z .'. `-i ~ w -D-I I'•I 3 70 ~ _ r-~ Z -1 ~ r ~ EXHIBIT A --~ BROOK RD, "SITE" q ~. y~ ~~ SLOUGH READ A a A a 4 ~- MASTER CHANNEL 31 YORKT~WN BLVD. LOCATION MAP ~ ° _ .a ooo• MANHATTAN ESTATES UNIT i LOCATION MAP CORPUS CHRIST!, TX EXHIBIT A STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instru~ent was FILED in file nu®ber sequence on the date and at the tite sta®ped hereln by ~e, and was duty RECORDED in the Otficial Publ a Records of Nueces County, Texas R DIANA T. BRRERRA NUECES COUNTY, TEXAS Any Provision herein which restricts the Sale, R en a or use of the described REAL PR~'ERTY because of Race, Color! Religglon~ Sex, Handicap, Faailial Status, nr Nat Tonal Arlggin is Invalid and unenforceable under FEDERAL LAW, 3/12189. Doc# c~~Z1~4~c~31'3 i ~Pa~gesB A5fW81200$ 2:2bPN Official Records of NUECES COUNTY DIf~VA T. BRRRERA COUNTY CLERK Fees 343.01b oAicr~w. ~/ ®~''~~~~ cervices/ ~d6Q `~1~! services ~e~fpUa Chr~is~, TX 78408