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Home My WebLink AboutC2009-603 - 2/10/2009 - Approved Doc# 2009014470 0) 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 Robert Bryan Gulley and Shannon H. Gulley (Owners), 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 15'r' day of April. 2009. 7491t4gr---- Armando Chapa t '* -.'ire, _R City Secretary o; .'t7, �' Corpus Christi, Texas ., ri (S E A,L) . : t- .: AI r . ..,"amu.. _..r- C2009-603 2/10/09 Ord. 028064 Robert Bryan Gulley SCANNED PUBLIC ALLEY RIGHT-OF-WAY CLOSURE AND HOLD HARMLESS AGREEMENT AND COVENANT STATE OF TEXAS } } COUNTY OF NUECES } Whereas, the property improvements located at 14202 Playa Del Rey, Corpus Christi, Nueces County, Texas, 78418, also known as Padre Island No. 2, Lot 13, 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) utility easement, as shown in the attached Exhibit A; and Whereas, in consideration of the City abandoning and vacating the utility public alley right-of-way, we, Robert Bryan Gulley and Shannon H. Gulley, (Owners) agree to hold harmless the City for any damage that may occur to our improvements at 14202 Playa Del Rey, as a result of any future utility work in the retained utility easement; Therefore, we, Robert Bryan Gulley and Shannon H. Gulley, as owners of the real property and improvements located at 14202 Playa Del Rey, Corpus Christi, Nueces County, Texas, 78418, also known as Padre Island No. 2, Lot 13, 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 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$6,560.00 within 30 days of the adoption of a public alley right-of-way 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 ; • 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. 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 EASEMENT TO BE RETAINED THAT'S ABUTTING THE PROPERTY AND IMPROVEMENTS LOCATED AT 14202 PLAYA DEL REY, 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 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 Hold Harmless Agreement and Covenant 2 Padre Island No.2 Alley Closure 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 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 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 of Nueces County, Texas, within 180 days of the City Council's approval. By: 4' Robert Bryan Gulley THE STATE OF TEXAS } } COUNTY OF NUECES } Alinstrument was acknowledged before me on /�v 1 / , , 2008, by Robert Bryan Gulley, as an owner of the property known as Padre Island No. 2, Lot 13, Block 43, ph ical address being 14202 Playa Del Rey, Corpus Christi, Texas 78418. • 40i / Notary ,ublic, State of Texas •C`, LORI A.STONER • ' Notary Pic,Stale of Texas ' NY Comfantnn Notes 05.26.2012 Hold Harmless Agreement and Covenant 4 Padre Island No.2 Alley Closure ' By: rA Sh:n• • . Gulley THE STATE OF TEXAS } } COUNTY OF NUECES } This instrument was acknowledged before me on 4.bV A0/ , 2008, by Shannon H. Gulley, as an owner of the property known as Padre Island No. 2, Lot 13, Block ti, physical address being 14202 Playa Del Rey, Corpus Christi, Texas 78418. 4,Jkf Notary Public, State of Texas r LORI A.STONER • Notary Pubic,,Stals a Ams ti,";a Mycoo„de2 Hold Harmless Agreement and Covenant 5 Padre Island No.2 Alley Closure • STATE OF TEXAS JOB NO.94-5922A COUNTY OF NUECES 0.031 ACRES 1366.8 SF(Adjoining Lot 13) 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 the Southeast one half of a ten foot parcel lying between Lots 13 and 12,Block 43,Padre Island Number 2 as recorded in Volume 13, Page 28 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 the Northwest corner of said Lot 13,same being the Northeast corner of said ten foot parcel; THENCE, along the common boundary line of said Lot 13 and of said ten foot parcel, SOUTH 33 degrees 23 minutes 35 seconds WEST 8.63 feet to a point for the point of beginning, same being the Northeast corner of this tract, same lying in the Southeast boundary line of an existing five foot utility easement; THENCE, continuing along said common boundary line of said Lot 13 and said ten foot parcel, SOUTH 33 degrees 23 minutes 35 seconds WEST 278.40 feet to a 5/8 inch iron rod found for the Southeast corner of this tract, same being the West corner of said Lot 13, same being the Southeast corner of said ten foot parcel, same lying in the Northeast right-of-way margin of Playa Del Rey, same lying in a curve to the left; THENCE, along said Northeast right-of-way margin of Playa Del Rey and with said curve to the left, a central angle of 03 degrees 10 minutes 38 seconds, a radius of 90.00 feet, a tangent of 2.496 feet, and a length of arc of 4.99 feet to a point for the Southwest corner of this tract; THENCE, along the centerline of said ten foot parcel and lying parallel to the West boundary line of said Lot 13, NORTH 33 degrees 23 minutes 35 seconds EAST 271.02 feet to a point for the Northwest corner of this tract, same lying in said Southeast boundary line of the existing five foot utility easment; THENCE, along said Southeast boundary line of the existing five foot utility easement, NORTH 68 degrees 48 minutes 36 seconds EAST 8.59 feet to the place of beginning and containing 1,366.8 square feet(0.031 acre) 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. this the 2 day of /h- ' ,2008. PSE sTE F'r9 • ��"` .A �/'� e ° *'• Ronald A.Voss, """ Reentered tered Professional Land Surveyor No.2293 , e RONALD A'��S, � Y •l9 ofesso� o� ° [S 16°09'30"E 218.75'3 O I �-- — --- ZONE V18(12') ZONE 81/18(12_') — — _ W 1-..-5'U.E. o M •r 0 co kr:, Z O (N 68°48'36'E 8.59') 0 k LOT 13 (N 68°48'36"E I'',' 43 r, 8.61') 7 ,''tof r1 tkfp^ LOT 14 4 co d- a°o up 2,701.10 S.F.TO BE CLOSED f Q"P° o AND RETAINED AS A U.E. ° �‘1 3 Ntk '''''..t',*<% r2., VICINITY ,c,-2 Kk MAP �,� Detgo� LOT 12 ,k. ZONE B 4 : 0,` k — — ZONE C o ----- T 4#k 4Itif- -A 94 4....)47..„....;.1o.0;1* .lam' j 1-11•-' ' 0:lic .4774‘ . :7 7.-,:i.,7•--... .-0';, '. k .:—.:.7..., "cf.,...,,....60, , ..." ;-,,;:8' 41 CtkA ..„.41....... „.�' `.6 . �1 „ -..._:::;::<:::::;,..;. . /=03 10'37" v, .� N 21° 13'30"W 7.89' �! •� � ' i; R.90.00' tid o l / o, i i �.� �;> _� ��,l��.. •� LA=4.99' This property lies within Zone as shown. T= 2.496' [R=90.00',LA=45.60') according to FIRM 85 ,which Is&Is not within the 100 year Flood Plane. 0= 03° 10'38" R= 90.00' LA ALLEY CLOSURE T=4.99' T= 2.496' 14202 PLAYA DEL REY DATE: 04/03/08 REV: 05/02/08 2786.8 S.F.,Being the 10'Puplig Alley Right-of-Way between Lot 12&Lot 13, Block 43 CREW: RS&DL Padre Islafid'1 "i 2 OFFICE: RV&RA V. 13,P 28,(MRNCT),Corpus Christi,✓*ueces County,Texas JOB#: 94-5922 t L1Ü2cT 1 OF 1@ BRATTON ROAD. CORPUS(taMfirkfiataCetniea SCALE 1" = 40' mini;45;4.4420'Z c• lq;I/;148.11{..,,;:w,r, EXHIBIT A 1 STATE OF TEXAS COUNTY !3F NUECES I hereby certify that this instrument was FILED in file number secuence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas taxi L. z_ HIf. /. J �.1 W� r 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# 2009014470 # Panes 9 04/16/2009 10:54AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47.00 ORIGINAL City of Corpus Christi ,) Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408 V/