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HomeMy WebLinkAboutC2010-556 - 8/17/2010 - Approved.. 2011003225S HOLD HARMLESS AGREEMENT AND COVENANT STATE OF TEXAS* COUNTY OF NUECES* Whereas, the property improvements located at No. 9 Virginia Hills Drive, Corpus Christi, Nueces County, Texas, 78414, also known as Virginia Hills Subdivision, Block 4, Lot 7, a recorded subdivision in Nueces County, Texas, according to the map recorded in Volume 64, Pages 33 -34, 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, Kenneth Todd Olson and Maria Garza Olson, (Owners) agree to hold harmless the City for any damage that may occur to my improvements at No. 9 Virginia Hills Drive, as a result of any future utility work in the easement; Therefore, We, Kenneth Todd Olson and Maria Garza Olson, as owners of the real property and improvements located at No. 9 Virginia Hills Drive, Corpus Christi, Nueces County, Texas, 78494, also known as Virginia Hills Subdivision, Block 4, Lot 7, (Property), a recorded subdivision in Nueces County, Texas, according to the map of which is recorded in Volume 64, Pages 33 -34, Map Records, Nueces County, Texas, agree to forever bind ourselves, our heirs, the Property, our successors, subsequent owners and assigns with the following covenant: 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 OFANY 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 ABUTTING THE PROPERTYAND IMPROVEMENTS LOCATED AT N0. 9 VIRGINIA HILLS DRIVE, ALSO KNOWN AS VIRGINIA HILLS SUBDIVISION, BLOCK 4, LOT 7, A RECORDED SUBDIVISION IN NUECES COUNTY, TEXAS, ACCORDING TO THE MAP RECORDED IN VOLUME 64, PAGES 33 -34, 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. 2010 -556 Ord. 028719 08/17/10 Time Warner Cable INDEXED " 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. f P B Mr. Kenneth Todd Olson Owner of Lot 7, Block 4, Virginia Hills Subdivision THE STATE OF TEXAS* COUNTY OF NUECES* Mrs. Maria Garza' Ison Owner of Lot 7, Block 4, Virginia Hills Subdivision This instrument was acknowledged before me on _S r: i I by Kenneth Todd Olson as owner of the property knaWi Virginia Hills Subdivision, physical address beln -4 ". 9 Corpus Christi, Texas 78414. of > "••'.p.�R� ;:, CAROLYN S. SHORES Wir Public in ih • 2::. ° = Notary PubliC STATE OF TEXAS s'' y my Comm, Exp. 01 -03 -207 THE STATE OF TEXAS* COUNTY OF NUECES* This instrument was acknowledged before me on ' '- ) i by Maria Garza Olson as owner of the property known as Hills Subdivision, physical address being No. 9 Virgin Christi, Texas 78414.E o�AYruA���' ISP b4ORS / f ` OF TEXAS of ry Public in and 41 p3 2012 Ex. (Seal) the 2010 as Lot 7, Block /irgirlia Hills D;' e, exas �' , 2010 7, Block 4, Virginic ills Driv C rp to of/Texas Q! 6 XIIAUTHORIM Buip`gpp l FURL ! T 4 EASEMEN CLOSURE i LOT 11 LOT 1 REVISION: CREW: RS & DL OFFICE: RV & DB [R W 60.00'; LA = 40.53'] d0BA 10 -4239 7.5' U.E. X87.90 S.F. 1 � 1 LOT 6 I ° moo LOT 8 « o LOT 7 f I 1 25' Y.R. I 20' U.E. I I \--IOT 4 P.C. [R = 175.00'; LA = 118.22'1 This propertylleswFtltln Zone A- 18(10'}, 9 VIRGINIA HILLS DRIVE accordIng to FIRM 89 which (30' R.O.W.) is within the 100 year Flood Plain. NOT VALID WITHOUT ORIGINAL SIGNATURE AND ORIGINAL SEAL (�r Re gistered Proresslonal Land Surveyor State arTexas No, 2283 DATE: 06/09/10 REVISION: CREW: RS & DL OFFICE: RV & DB GF #: 101081 d0BA 10 -4239 S tIr i OfVAl ,4; ,VQSS 40539 EXHIBIT A 87.90 S.F. of 7.5 Utility Easement of Lot 7, 81ock 4, Virginia Hills Subdivision Volume 64, Pages 33 -34 (M.R.N.C.T.) Corpus Christi, Nueces County, Texas Doc' 2010032253 0 Pmamy 4 08/26/2010 12:31PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $27.00 Any nrwv{sion herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Colop, Relimion" Sex, Handicap, Familial Status, or Notional Oriyin is invalid and unenforceoble under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I herebu oarhifu that this instrument was FILED in file number sequence on the date and at the time stumped herein by me, and was dulu RECORDED in the Official Public Records of Nueces County, Texas Diana T. 8urreru ^ 'LIMI, 1 Corpus Christi, fX 7�;408