HomeMy WebLinkAboutC2009-602 - 2/10/2009 - Approved Doe# 2009014471
ORIGINAL
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF NUECES §
I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that
the following is a true and correct copy of the Public Alley Right-of-Way Closure and Hold
Harmless Agreement between the City of Corpus Christi and Jerry C. Eaton (Owner),
passed and approved by Corpus Christi City Council, Ordinance No. 028064 on February
10, 2009, 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 15th day of April, 2009.
S I I
Armando Chapa
'� City Secretary
•
t-, Corpus Christi, Texas
(S E A'L)e
C2009-602
2/10/09
Ord. 028064
Jerry C. Eaton
SCANNED
p
PUBLIC ALLEY RIGHT-OF-WAY CLOSURE AND
HOLD HARMLESSAGREEMENT AND COVENANT
STATE OF TEXAS }
}
COUNTY OF NUECES }
Whereas, the property improvements located at 14622 Villa Maria Isabel, Corpus
Christi, Nueces County, Texas, 78418, also known as Padre Island No. 2, Lot 12, Block
43, a recorded subdivision in Nueces County, Texas, according to the map recorded in
Volume 13, Page 28, Map Records, Nueces County, Texas, are encroaching onto a
City of Corpus Christi (City) public alley right-of-way, as shown in the attached Exhibit A;
and
Whereas, in consideration of the City abandoning and vacating a portion of the 10-foot
wide public alley right-of-way, I, Jerry C. Eaton, (Owner) agree to hold harmless the City
for any damage that may occur to my improvements at 14622 Villa Maria Isabel, as a
result of any future utility work in the retained utility easement;
Therefore, I, Jerry C. Eaton, as owner of the real property and improvements located at
14622 Villa Maria Isabel, Corpus Christi, Nueces County, Texas, 78418, also known as
Padre Island No. 2,Lot 12, Block 43, (Property), a recorded subdivision in Nueces
County, Texas, according to the map of which is recorded in Volume 13, Page 28, Map
Records, Nueces County, Texas, agree to forever bind myself, my heirs, the Property,
my successors, subsequent owners and assigns with the following covenant:
1. Pay the fair market value in a one-time payment of$6,560.00 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 2,701.10-square foot portion of
the 10-foot wide public alley right-of-way.
2. Maintain the area, between any existing structure that encroaches into the City's
public alley right-of-way and the remaining portions of the public alley right-of-way, free
of any permanent structures that could prohibit access and maneuverability over the
utility easement area to be retained for the maintenance, repair, or replacement any
existing public utilities or interfere with any future utility installations within the easement
to be retained.
3. Allow access to the public utilities within the utility easement to be retained 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 the
public alley right-of-way closures and dedication of utility easement must be recorded at
owners' expense in the real property Map Records of Nueces County, Texas.
Hold Harmless Agreement and Covenant 1
Padre Island No.2 Alley Closure
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6. Prior to the approval of any building permit and construction on the owner's 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. OWNER, 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 EASEMENT TO BE RETAINED THAT'S
ABUTTING THE PROPERTY AND IMPROVEMENTS LOCATED AT
14622 VILLA MARIA ISABEL, ALSO KNOWN AS PADRE ISLAND NO. 2
SUBDIVISION, LOT 12, BLOCK 43 A RECORDED SUBDIVISION IN
NUECES COUNTY, TEXAS, ACCORDING TO THE MAP RECORDED IN
VOLUME 13, PAGE 28, 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 Owner in writing and, except in the event of an
emergency. Owner 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 Owner 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
Hold Harmless Agreement and Covenant 2
Padre Island No.2 Alley Closure
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default, or portion of the default as the City deems appropriate, including performing
Owners' obligations under this Agreement.
11. Owner grants and conveys to the City and their agents, contractors, and employees
easements over the Owner 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 Owner 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 the Owner breach any of his 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,
prowlded 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 agrees and understands 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
Padre Island No.2 Alley Closure
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 • ueces County, Texas, within 180 days of the City Council's
approval.
1k
By: �i
Jerry /Eaton
THE STATE OF TEXAS )
COUNTY OF NUECES }
This instrument was acknowledged before me on Ai Ovtitbee 10 , 2008, by Jerry C.
Eaton, as an owner of the property known as Padre Island No. 2 Subdivision, Lot 12,
Block 43, physical address being 14622 Villa Maria Isabel, Corpus Christi, Texas
78418.
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Not Public, State of exas
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;�.*". •.,4 LAURA A. MARTINEZ
'."? NotaryPublic,State of Texas
e. My Commission Expires
'%1;ste November 01,2009
Hold Harmless Agreement and Covenant 4
Padre Island No.2 Alley Closure
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14202 PLAYA DEL REY
DATE: 04/03/08
REV: 05/02/08 2786.8 S.F.,Being the 10'Public Alley Right-of-Way between Lot 12&Lot 13,Block 43
CREW: RS&DL Padre Island Number 2
OFFICE: RV&RA V.13,P.28,:(MAtNQT),:Corpy�C 1risti Nueces County,Texas
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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
OAP\ aeitta--) 64114tati&L")
DIANA T. BARERRA
NUECES 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# 2009014471
Pages 7
@4/16/2009 10:54AM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $35.00
4*MAL
City of Corpus Christi
l3syslopment Services/
®pscial Services
24O Loopard,Suite 100
t&out Christi,TX 78408
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