HomeMy WebLinkAboutC2008-557 - 6/10/2008 - ApprovedORIGINAL
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EASEMENT CLOSURE AND HOLD HARMLESS
AGREEMENT AND COVENANT
STATE OF TEXAS
COUNTY OF NUECES
Whereas, the property improvements located at 2706 Bretshire Drive, Corpus Christi,
Nueces County, Texas, 78414, also known as Bent Tree Subdivision, Block 2, Lot 15, a
recorded subdivision in Nueces County, Texas, according to the map recorded in
Volume 49, Pages 142-143, 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 a portion of the utility
easement, we, Roy E. Hranicky and Ruby Lou Hranicky, (Owners) agree to hold
harmless the City for any damage that may occur to my improvements at 2706 Bretshire
Drive, as a result of any future utility work in the easement;
Therefore, we, Roy E. Hranicky and Ruby Lou Hranicky, as owners of the real property
and improvements located at 2706 Bretshire Drive, Corpus Christi, Nueces County,
,Texas, 78414, also known as Bent Tree Subdivision, Block 2, Lot 15, (Property), a
recorded subdivision in Nueces County, Texas, according to the map of which is
recorded in Volume 49, Pages 142-143, 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 $342.00 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 the total 124.36-square foot portion of the
7.5-foot wide utility easement.
2. Maintain the area, between the existing wooden structure that encroaches into the
City's utility easement and the remaining portions of the utility easement, free of any
permanent structures that could prohibit access and maneuverability over the utility
easement area for the maintenance, repair, or replacement any existing public utilities
or interfere with any future utility installations within the easement.
3. Allow access to the 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.
4. Comply with all the specified conditions of the ordinance within 180 days of the City
Council's approval.
5. Upon approval by the City Council and adoption of the ordinance, all grants of
easement closurP~ rr,~,st be recorded at owners' expense in the real property Map
2008-557 nty, Texas.
Ord. 027720
06/10/08 HAnt
Hranicky, Roy E. and Ruby Lou ~NDEX~D
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 ANYAND
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 2706 BRETSHIRE DRIVE, ALSO
KNOWN AS BENT TREE SUBDIVISION, BLOCK 2, LOT 15, A
RECORDED SUBDIVISION /N NUECES COUNTY, TEXAS, ACCORDING
TO THE MAP RECORDED IN VOLUME 49, PAGE 142-143, 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.
s. 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).
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.
Hold Harmless Agreement and Covenant 2
Bent Tree 2-15 EasementClosure HHA
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 Indemnitees in effecting the
cure the default, including the owners' obligation to indemnify, save,
and hold harmless the Indemnitees 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
improvements, described in this Agreement, in the event of a default,
as described in paragraph 8 of this Agreement.
Hold Harmless Agreement and Covenant 3
Bent Tree 2-15 EasementClosure HHA
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.
R
By. ~ .
Roy Hranicky
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~ o~ , 2008, by Roy E.
Hranicky, as an owner of the property known as Bent Tr Subdivision, Block 2, Lot 15,
physical address being 2706 Bretshire Drive, Corpus Christi, Texas 78414.
~yS~Y P ~~~i
~: BETTY DEREESE
,~~; MY COMMISSION EXPIRES
otary P blic, State of Texas -~~,Qr,~~ ~u~,ez,~o11
Q.~..~.7.. AUTHUItICt~
RY COUKCIL ...~t~~.'~.'~.=.t~12-....
C.
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SECRETARY )Q
Hold Harmless Agreement and Covenant 4
Bent Tree 2-15 EasementClosure HHA
a
By:
R by Lo Hr icky
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on o ~ , 2008, by
Ruby Lou Hranicky, as an owner of the property known a Bent Tree Subdivision, Block
2, Lot 15, physical address being 2706 Bretshire Drive, Corpus Christi, Texas 78414.
~(,Q~tJ1I~
Notary P lic, State of Texas
Hold Harmless Agreement and Covenant
Bent Tree 2-15 EasementClosure HHA
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URBAN EI~R C.C. 1X'
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URBAN ~~ Feb. 5.2008
of 15. Block 2. Bent Tree. Volume 49. Pages SCALE: ~ "=20'
42-143, Map Records of Nueces County Texas. JOB NO.: 39260.A8.00
ENGINEERING sHEET: '~, of ~.
EXHIBIT A ~~,Irjl~s,,~ri' ~ ;r~°` DRAWN 8'Y: RLG
A 9MR Iw I Irhnn Fneineerin
STATE OF TEXAS
CIX~1TY OF NIJEGES
I hereby certify that this instru~ent was FILED
in file nu~ber sequence an the date, and at the
tine sta~ped herein by ~e, and was duly REGDRDED
in the Official Puhlic Retards of
Nueces Gaunty, Texas
RECORDER'S MEMORANDUM
At the time of recordation, this instrument was found
to be inadequate for the best photographic
reproduction because of illegibility, carbon or
photocopy, discolored paper etc. All blackouts,
additions and changes were present at the time the
instrument was filed and recorded.
ORIGINAL
v City of Corpus Christ(
Development Services!
Special Services
2406 Leopard, Suite 100
Corpus Christi, TX 78408
` ~' v
DIANA T. BARERRA
Nl~CES COLNdTY, TEXAS
Any provision herein which restricts the Sale, R
en a or use
of the described i~Al PRt3RERTY because of Rate,
Calar,
Religgiant Sex, Handicap, Fa®ilial Status, or Nat
Tonal Origin
is invalid and unenforceable under FEI~RAL LAW,
3/12/89.
Dot# ~0~i3~27~27
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official Retards of
NUEGES C~VTY
DGCI~ YT~~RRERA
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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 Ordinance No. 027720 passed and
approved by Corpus Christi City Council on June 10, 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 16th day of June, 2008.
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Assistant City Secretary
Corpus Christi, Texas
Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 124.36-SQUARE FOOT PORTION
OF A 7.5-FOOT WIDE UTILITY EASEMENT OUT OF BENT TREE
SUBDIVISION, BLOCK 2, LOT 15, ADJACENT TO BRETSHIRE DRIVE
AND APPROXIMATELY 153-FEET SOUTH OF THE RAVEN HILL
ROAD AND BRETSHIRE DRIVE INTERSECTION; REQUIRING THE
OWNERS, ROY HRANICKY AND RUBY LOU HRANICKY, TO COMPLY
WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY
WHEREAS, Roy Hranicky and Ruby Lou Hranicky (Owners) are requesting the
abandonment and vacating of a 124.36-square foot portion of a 7.5-foot wide utility
easement out of Bent Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and
approximately 153-feet south of the Raven Hill Road and Bretshire Drive intersection to
correct an encroachment resulting from a wooden 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 124.36-square foot portion of a 7.5-foot utility easement out of Bent
Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and approximately 153-
feet south of the Raven Hill Road and Bretshire Drive intersection, as recorded in
Volume 49, Pages 142-143 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) Owners must pay the fair market value of $342.00 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 124.36-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 into the utility easement, providing for the future maintenance of
any existing public utilities in the easement, and any future public utility
installations within the easement. The Owners 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;
~oz7~~o
H:\LEG-DI R\Sh aredUaylAgend a\2008\6-10\ORD-abandon-vacate Uti IEasmt-Hranicky-BentTree. doc
Page 2 of 3
3) Owners must maintain the area between the existing wooden structure and the
remaining portions of the 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 or interfere with 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 and prior to occupancy of the house.
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 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 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 10th day of June, 2008.
ATTEST:
6 w ,~7
Armando Chapa ,~
City Secretary
Q,~ .
CITY OF CORPUS CHRISTI
Henry Garret
Mayor
APPROVED as to form: June 2, 2008
By:
R. y eining
First ssistant ity Attorney
For City Attorney
H:\LEG-DI R\SharedUay\Agenda\2008\6-10\ORD-abandon-vacateUtilEasmt-Hranicky-BentTree.doc
Page 3 of 3
Corpus,~~C~ hristi, Texas
___~_~T Y ~ Day of I~~ , 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,
He ry Garret
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper ~5~~
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
d~7~~0
H:\LEG-DI R\SharedU ay\Agenda\2008\6-10\ORD-abandon-vacateUtil Easmt-Hra n icky-BentTree.doc
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ENGINEERING February 12, Zoos
"` Job No. 39260.A8.00
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'~ Easement Closure
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~, State of Texas
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"~ County of Nueces
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=~ Field Notes for a the closure of a portion of a utility easement out of Lot 15, Block 2, Bent Tree,
`~ map of which is recorded in Volume 49, Pages 142-143,. Map Records of Nueces County, Texas, said
e`~isement closure being more fully described by metes and bounds as follows:
Beginning at a point on the common boundary of Lots 14 and 15, said Block 2, from which the
north corner of said lot 15, bears North 46°20'00" West, a distance of 129.44 feet;
Thence, South 46°20'00" East, along the common boundary of said Lots 14 and 15, a distance of
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~:_, 1.02 feet for a corner of this closure;
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Thence, South 55°33'25" West, parallel with the southeast boundary of said Lot 15, at 6.50 feet
`~~, distant there from, measured at right angles thereto, a distance of 124.47 feet for the south corner of
.,
this closure;
Thence, North 34°26'35" West, a distance of 1.00 foot for a corner of this closure;
Thence, North 55°33'25" East, parallel with the southeast boundary of said Lot 15, at 7.50 feet
distant there from, measured at right angles thereto, a distance of 124.26 feet to the point of beginning
and containing 124.36 square feet of land.
Bearings are based on the recorded plat of Bent Tree, a map of which is recorded in Volume 49,
`~` Pages 142 and 143, Map Records of Nueces County, Texas.
,.~
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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.
Urban Engineering
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Juan J. alazar, R.P.L. .
"°""'°""""""'°""'°" License No. 4909
JUAN JOSE SALAZAR ~
...... ......................
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(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001
www.urbaneng.com
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Location Map URBAN DATE: FEB. 12, 2008
SCALE: NTS
ENGINEERING JOB No.: 3s2so.A8.oo
NOZ` t0 -SCc`t1E ?,~ s awaus assn: ,~s,eo~ SHEET: 2 OF 2
(.~s~~-3~0~ fo~• (.~si,~es+-sang DRAWN BY: SB
® 2008 by Urban Enoineerin4
STATE OF TEXA5
C~iTY OF NUECES
I hereby certify that this instruient was FILED
in file nua6er sequence on the date and at the
tine sta~ped herein by ee, and was duly RECORDED
in the Official Public Records of
Nueees County, Texas
RECORDER'S MEMORANDUM
At the time of recordation, this instrument was found
to be inadequate for the best photographic
reproduction because of illegibility, carbon or
photocopy, discolored paper etc. All blackouts,
additions and changes were present at the time the
instrument was filed and recorded.
OR/GINA(
City of Corpus Christi
Development Services/
Special Services
2408 Leopard, Suite 100
Corpus Christi, TX 78408
DIANA T. BAt~RRA
NUECES COUNTY, TEXAS
Any provision herein which restricts the Sale, R
ental ar use
of the described I~AL PROPERTY because of Race,
Colort
Religgiant Sex, Handicap, Fa®ilial Status, ar Nat
Tonal Origin
is invalid and unenforceable under FEDERAL LAW,
3,'1/89.
Dac# ~~0e0~7~~6
#Pages9
~i/167~b8 3: i8PP1
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees t47.i~
J