The URL can be used to link to this page

Home My WebLink AboutC2010-560 - 3/5/2010 - NAq ORIGINAL Doc* 2010008598 SHARED ACCESS DRIVEWAY COVENANT THE STATE OF TEXAS COUNTY OF NUECES This Shared Access Driveway Covenant entered into on the date of its execution by the undersigned party hereto, and is authorized by Corpus Christi City Code Chapter 49, Article II, Division 3, entitled, Driveway Design and Construction Standards. WITNESSETH: WHEREAS, David Crossland (Owner) is the owner of the following adjoining and contiguous parcels of land situated in the City of Corpus Christi, Nueces County, Texas as shown on the map attached as Exhibit "A" and more particularly described as follows PARCEL 1: Lot 15, Laird Subdivision, Vol. 36, P. 122, Map Records, Nueces County, Texas, hereinafter called "Parcel 1" PARCEL 2: A 0.910 acre tract of land out of Share "G," Mary McBride Partition and described by deed recorded as Document No. 2008004401, Official Public Records, Nueces County, Texas, hereinafter called "Parcel 2" WHEREAS, the described adjoining and contiguous parcels share a common boundary line; and WHEREAS. Owner desires that the parcels be served by a shared access driveway in accordance with the requirements and standards adopted as a part of the Corpus Christi City Code; and 2010 -560 > COVENANT 0315110 Crossland, David Page 1 of 6 Pages INDEXED WHERAS, Execution and filing for record of document hereof will partially satisfy the requirements of Building Permit No. 09 -5363 so Owner may obtain a Certificate of Occupancy associated with said building permit; and WHEREAS, Owner desires to impress upon the properties certain covenants, rights -of -way and restrictions regarding the use, access, and maintenance which inures to the benefit of and be binding upon the successors and assigns of Owner, NOW, THEREFORE, the undersigned, David Crossland does hereby impress upon the above described properties the following covenants, rights -of -way and restrictions, which hereafter are covenants which run with the land and shall inure to the benefit of and be binding upon the grantees, successors and assigns of each separate parcel: 1. The Owner shall construct or cause to be constructed a shared access driveway from the public right -of -way to the interior of the parcel to be served, and that the driveway may be located partially and equally on each parcel so that the driveway center line shall be a co- extension of the property line; provided however, that the driveway may be located, with respect to the common property line, in unequal proportions as the Owner may determine, as shown in Exhibit "A ". 2. A shared access driveway utilized under this Agreement shall be constructed in accordance with the standards and specifications of Chapter 49, Article II and all other applicable provisions and ordinances of the City of Corpus Christi Code of Ordinances. 3. The driveway shall be a perpetual covenant running with the land binding upon the Owner and his successors in title, upon all grantees, their successors and assigns of each above described parcels. 4. The Owner and the successors in title to each parcel shall not obstruct or restrict the use of any portion of the driveway and no buildings or improvements may be erected over the driveway. SHARED ACCESS DRIVEWAY COVENANT Page 2 of 6 Pages DAVID CROSSLAND - OWNER � u l 5. The Owner and the successors in title to each parcel shall be obligated for reasonable maintenance and the cost therefore of that portion of the driveway situated on his or her respective property. 6. The driveway must be maintained in a serviceable, neat, and acceptable manner. Each of Owner's successors in title to Parcel 1 and Parcel 2 shall be charged with the repair and maintenance thereof and shall cooperate with each other in the performance of routine and necessary repairs, overlay and sealing of the driveway. The successors in title to either tract may perform such repairs and maintenance as may be necessary without the consent of the other upon giving written notice of intent to perform such repairs and the estimated cost. Notice may be delivered by US Mail, certified, return receipt requested or other personal service not less than thirty (30) days prior to beginning repairs and maintenance. The party that performs the repairs/maintenance shall be entitled to file a lien on the property of the dissenting party equal to one -half of the actual cost of the repairs /maintenance plus fifteen per cent (15 %). Said lienhoider shall have the same remedies as holders of materialmen in accordance with the Materialmen and Lien laws of the States of Texas. 7. The Owner hereby impresses upon the above described parcels, as a covenant running with the land, that the successors in title to each tract shall have full and complete right of access to and in the use of the shared driveway at all times free of all obstructions for the purpose only of ingress, egress, and regress to, from and for the adjoining and contiguous parcels. 8. The Owner hereby covenants that in the event of a conveyance of title to either of his respective parcels, that the covenants and conditions contained herein shall be expressly incorporated in such conveyance and the title shall be passed subject thereto. 9. The covenants and conditions set forth herein shall constitute a covenant running with the land and shall hereafter be binding on the Owner hereto, his heirs, executors, administrators and assigns, and the Owner hereto shall cause this SHARED ACCESS DRIVEWAY COVENANT Page 3 of 6 Pages DAVID CROSSLAND - OWNER Agreement to be recorded in the Deed. Records of Nueces County, Texas as a condition precedent to acceptance of such shared access driveway as being in compliance with the City of Corpus Christi Code of Ordinances. Executed this day of mcv- 2 010. OWNER: �.��v EGA G?`OSS Ic[ ►-� Attachments: (1) Exhibit "A" SHARED ACCESS DRIVEWAY COVENANT Page 4 of 6 Pages DAVID CROSSLAND - OWNER ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day o , 010 by David Crossland, as the Sole Owner of the Properties, Parcels 1 & Z, who acknowledged before me that he executed, signed and delivered the above and foregoing instrument on the date provided therein. soRt: "�e; MARY COOPER '�' '� _ Notary Public, State of Texas Notary Public, State of Texas s� ;+ My Commission Expires � 1 i Jut18 0�, $011 My COmmi5510n explre5. L� SHARED ACCESS DRIVEWAY COVENANT Page 5 of 6 Pages DAVID CROSSLAND - OWNER AFTER RECORDING RETURN A COPY OF THIS INSTRUMENT TO: CITY OF CORPUS CHRISTI Department of Development Services 2406 Leopard First Floor Corpus Christi, Texas 78408 SHARED ACCESS DRIVEWAY COVENANT Page 6 of 6 Pages DAVID CROSSLAND - OWNER MURRAY BASS, JR., P.E.,R.P.L.S. NIXON M. WELSH, P.E.,R.P.L,S. www.bass- weish.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 DRIVEWAY EASEMENT State of Texas County of Nueces February 25, 2010 07118- M &B -DW Description of a 0.133 acre tract of land, more or less, for Driveway Easement, a portion of Lot 15, Laird Subdivision, a map of which is recorded in Volume 36, Page 122, Map Records, Nueces County, Texas and a portion of a 0.910 acre Tract of land out of Share "G ", Mary McBride Partition, described by deed recorded as Document No. 2008004401, Official Records of said county, said 0.133 acre tract as further described by metes and bounds as follows; BEGINNING at the common southeast corner of said 0.910 acre tract and northeast corner of said Lot 15, said beginning point being in the west right -of -way line of James Street, a 50' wide public road; THENCE S4 0 55'00 "W 5.00' along the common west right -of -way line of James Street and east boundary line of said Lot 15 to a point for the southeast corner of the tract herein described; THENCE N86 0 35'00 "W 290.45' along a line 5.00' south of and parallel to the common north boundary line of said Lot 15 and south boundary line of said 0.910 acre tract to a point for the southwest corner of the tract herein described in the west boundary line of said Lot 15; THENCE along said west boundary line of Lot 15 N4 °55'00 "E, at 5.00' pass the northwest corner of said Lot 15, in all a distance of 20.00' to a point in said 0.910 acre tract for the northwest corner of the tract herein described; THENCE S86 0 35'00 "E 290.45' along a line 15.00' north of and parallel to said common north boundary line of Lot 15 and south boundary line of 0.910 acre tract, to a point in the common east boundary line of said 0.910 acre tract and said west right -of -way line of James Street for the northeast corner of the tract herein described; THENCE along said common east boundary line of 0.910 acre tract and west right -of -way line of James Street S4 0 55'00 "W 15.00' to the POINT OF BEGINNING, a sketch showing said 0.133 acre tract for driveway easement being attached hereto as Exhibit "B ". :.. , M. WELSH NIX4�i .... NMW:IS 3054 S. ALAMEDA, ZIP 78444 PH. 361 882 - 5521 -- FAX 361 882 -1265 e -mail: murravir aol.com e -mail: nixmwCoaol.com /" a wwt ixon M. Welsh, R.P.L.S. "EXHIBIT "A" Sheet 1 OF 2 Ln PARCEL U 0.910 AC TRACT OUT OF SHARE 'G' MARY MCBRIDE PARTITION, D ❑C. 2008004401, O. R, DRIVEWAY EASEMENT 0.133 AC —\ • 55' 00' E 20. 00'---. LOT 12, LAIRD SUBDIVISI ❑N, VOLUME 33, PAGE 31, M. R. • T� - N1136* 35' 00'W 290, 45' PARCEL 1 LOT 15, LAIRD SUBDIVISION VOLUME 36, PAGE 122, M. R. LOT 14, LAIRD SUBDIVISION VOLUME 36, PAGE 122, M. R. EXHIBIT "A "_ (CONTINUED SHEET 2 OF 2 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1 " = 60 45' N 3 PPq % 0 LO L� w y � w 3 Q � f Lo Un Uj • DO U qr N BASS AND WELSH ENGINEERING COMP. N0: EXB —OWY JOB NO: 07118 SCALE: 1" = 60' PLOT SCALE: SAME PLOT DATE: 2/25/10 SHEET 1 OF 1 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file nuaber seouence an the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nu County, Texas R3r' f DIANA T. BARRERA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color Relioion, Sex, Handicap, Familial Status, or Nat iona] Origin is invalid and unenforceable under FEDERAL LAW, 3112/89. Doc# 2010008598 # Panes 9 031i112010 3m04PN Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees ;47.00 V I I etlely r ORIGINAL