HomeMy WebLinkAboutC2015-366 - 7/28/2015 - Approved {)c)$:::: 2C :1..5()31 % 2
REVOCABLE SURFACE EASEMENT ABANDONMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
The City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly
authorized City Manager, Ron L. Olson, in accordance with Article IX, Section 1 , Corpus
Christi City Charter, in consideration of Three Thousand Two Hundred and Fifteen Dollars
($3,215.00) by Avinash C. Ahuja and Peggy B. Ahuja ("Owners"), the owners of the
property located at 101 Ocean Way, Corpus Christi, Nueces County, Texas, 78411, more
particularly described on Exhibit A attached (the "Property"), the receipt of which is
acknowledged, has granted and conveyed and by these presents does grant and convey,
upon the conditions hereinafter stated, unto said Owners, a revocable surface easement
abandonment solely to the extent necessary to construct and maintain a masonry brick
wall, extending from the Property approximately 50-feet into the adjacent Ocean Way
public right-of-way occupying an additional 138-square feet of public right-of-way (188 total
square feet) (the "Improvements") as shown on the attached Exhibit B.
TO HAVE AND TO HOLD the same unto Owners, their heirs and assigns as owners of the
Property, together with the right under these conditions at any time to enter upon the above
described right-of-way to maintain the Improvements, and it is further understood that this
surface easement abandonment is granted subject to the retention of underground public
utility easement rights and Owner's compliance with the following conditions:
A. This Revocable Surface Easement Abandonment Agreement ("Agreement") may be
revoked at any time upon the giving of 180 days' notice in writing by the City of Corpus
Christi's City Manager, or designee ("City Manager") in the event that the public right of
way occupied by the Improvements is needed for public purposes. Owners agree to
remove all of the Improvements during such notice period.
B. 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 USE OF THE RIGHT-OF-WAY OR
Page 1 of 7
Revocable Surface Easement Abandonment Agreement
101 Ocean Way
2015-366
7/28/15
Ord. 030567
Avinash C. and Peggy B. Ahuja
INDEXED
CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE,
REPAIR, RESTORATION, OR REMOVAL OF THE IMPROVEMENTS PURSUANT TO
THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE
SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM.
OWNERS SHALL HAVE THE RIGHT AND DUTY, AT THEIR OWN EXPENSE, TO
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR
OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR
DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND
ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR
ACTIONS.
C. Prior to the commencement of construction of any of the Improvements, Owners
must acquire and maintain liability insurance pertaining to the Improvements and the
activities related to the Improvements authorized by this Agreement, in the minimum
amounts set forth in the attached and incorporated Exhibit C and maintain such policies in
effect during the period of the initial construction of the Improvements and during any
subsequent periods of construction activity. The liability policy must name the City as an
additional insured. Upon City Manager's written request, Owners shall provide copies of all
insurance policies to the City Attorney. Such policies may not be canceled, renewed, or
materially changed without 10 days advance written notice to the City's Asst. City Manager
of Development Services, or designee ("Director of Development Services").
D. Owners shall require their contractor and each subcontractor to provide a Certificate
of Insurance reflecting insurance in coverage amounts as set forth in Exhibit C and require
its contractor and each subcontractor to indemnify the City, its officers, employees, and
agents in the same manner that Owners has provided indemnification to the City, prior to
the start of construction.
E. Owner's use of the Improvements must not interfere with City's construction,
operation, repair, replacement, or maintenance of any existing or future proposed
sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities currently
located in said rights-of-way) needs access to the rights-of-way, Owners must pay for
removing or relocating the Improvements to allow access to the utility lines for repair,
replacement, or maintenance of the utility lines. The Owners must repair the Improvements
to their original condition or remove the Improvements at which time this Agreement
terminates immediately.
F. Owners must not close or barricade a public street, or any portion of the public
street, to install, repair, or maintain the Improvements until the Owners or their contractor
Page 2 of 7
Revocable Surface Easement Abandonment Agreement
101 Ocean Way
has filed an approved traffic control plan with City's Traffic Engineering Office.
G. Owners must maintain the Improvements and keep them in good repair at all times,
regardless of the type of damage that may occur, within 30 calendar days of notice of
damage to Owners. Failure to do so may result in termination of this Agreement.
H. Owners must comply with all applicable Federal, State, and local laws and
regulations, as may be amended.
I. This Agreement shall inure to the benefit of the Property, and the rights hereunder
shall run with the land and not be separable from ownership of the Property.
J. Owners must submit a set of construction drawings to the City's Major Project
Engineer for any proposed work two weeks prior to onset of construction. The drawings
must show depth and location of the proposed construction and distance from the existing
water, storm water, waste water and gas lines.
K. Owners or their contractor, at least 48 hours prior to beginning any approved
construction, shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-
669-8344), and any other required agency or authority. Additionally, at least 48 hours prior
to beginning any approved construction, Owners or their contractor shall give notice and
verify depth and location of communication lines or communication fiber optic cables,
whichever is applicable, to the following:
• City Utility Departments, including Water, Storm Water, Wastewater and Gas;
• American Electric Power (AEP);
• American Telephone and Telegraph (AT&T);
• Time Warner;
• Grande Communications; and
• Any and all other certified telecommunications providers.
A City inspector may request a utility line be uncovered to verity its depth or location
L. Owners or their contractor must properly tamp backfill around existing utilities in
accordance with the City of Corpus Christi Standard Specifications, including City Water
Distribution System Standards.
M. If damage occurs to any gas, storm, water or wastewater line, as determined by the
City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and
allowed immediately to make all repairs. All City's costs (labor and materials) associated
Page 3 of 7
Revocable Surface Easement Abandonment Agreement
101 Ocean Way
with the repairs must be paid by the Owners within 30 days of City Manager's invoice
thereof. City's representatives will determine the extent of damage and amount of repairs
to the utility line(s).
N. Work around any existing water main must be done under the inspection of a Water
Division Inspector at a daily rate of $310.35 for each day spent inspecting construction,
maintenance, repair, replacement or relocation of the Improvements pursuant hereto. A
half-day (4 hours) or more of work constitutes a whole working day for purpose of
calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must
be calculated at a daily rate of$58.18 an hour. Owners must pay these funds to the City of
Corpus Christi, Water Department. These amounts will be adjusted annually on October 1
to reflect any pay increase.
O. Owners must take every precaution not to disturb the soil surrounding any existing
water or wastewater line, including all thrust blocks.
P. Damage to driveways, culverts, head walls and any other structure, public or private,
must be repaired by the Owners at their expense within 30 days after being notified of
damage to same.
Q. Owners must not store or leave any equipment or material in City right-of-way
overnight. The Owners' contractor must provide proper safety and security devices to
prevent possible injuries or accidents. No open trenches or pits are to be left overnight.
R. Public right-of-way outside the area of the Improvements shall be maintained clear
of any and all obstructions, including posts, support columns, and private light pole fixtures,
etc.
S. All signatories signing this Agreement warrant and guarantee that they have the
authority to act on behalf of the entity represented and make this Agreement binding and
enforceable by their signatures.
T. Unless otherwise stated in this Agreement, any notice required or permitted to be
given under this Agreement must be in writing and sent by certified mail, return receipt
requested to the following addresses:
If to Owners: Avinash C. Ahuja and Peggy B. Ahuja ("Owners")
101 Ocean Way
Corpus Christi, TX 78411
Page 4 of 7
Revocable Surface Easement Abandonment Agreement
101 Ocean Way
r.�
If to the City: City of Corpus Christi
Attn: Director, Development Services Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
Any party shall, by notice to the others in accordance with the provisions of this paragraph,
specify a different address or addressee for notice purposes within 10 days of any address
change.
U. This Agreement shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created pursuant to this Agreement are
performable in Nueces County, Texas. Venue for all actions arising from, out of, or related
to this Agreement must be brought in Nueces County, Texas.
V. The Owners further agree, in compliance with the City of Corpus Christi Ordinance
No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form
attached to this Agreement as Exhibit D. Completed versions of Exhibit D by the Owners
form a part of this Agreement and are incorporated by reference into this Agreement as if
set out here in their entireties.
W. This instrument, including exhibits, constitutes the entire agreement between the City
and the Owners, and no prior written, oral, or contemporaneous promises, warranties, or
representations shall be binding upon any parties. This Agreement may only be amended
by written instrument signed by authorized representatives of the City and Owners and
approved as required by City law.
NOTE: All references herein to Owners include Owners' contractor(s), agent(s), and
employee(s) if applicable.
Page 5 of 7
Revocable Surface Easement Abandonment Agreement
101 Ocean Way
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be
executed on this the 3t day oftt_ '.� , 2015.
ATTEST: CITY OF CO PUS CHRISTI
1 ; '
By:
City Secretary Daniel M. Gr msbo, P.E.
Director, Development Services Department
APP�tOVED AS TO LEGAL FORM:
r�
v day of —101y , 2015 QJ�
.AUltto kit
By:
ff C UNcIL
Julian 'rant, Assistant City Attorney
SF(' Qv
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on I at 30 , 2015, by Daniel
M. Grimsbo, P.E., as Director, Development Servii s De4 ment, of - City of Corpus
Christi, a Texas Municipal Corporation, on behalf of .id core era 'on.
I
_ Notary 'public, '.tate of Tex.
1 ao`'...... MONIQUE TRMEZ LERMA ►
�6� . Notary Public ►
/ : :• STATE OF TEXAS ►
4 .'?FOF + My Comm. Exp. 01-23-2017
Page 6 of 7
Revocable Surface Easement Abandonment Agreement
101 Ocean Way
The above Revocable Surface Easement Abandonment is hereby accepted this the
day of AUL GTft , 2015, by Avinash C. Ahura and Peggy B. Ahura , Owners of the
Property at 101 Ocean Way, said Owners agree to keep and perform the conditions
imposed by said Agreement and that they are bound by all of the terms of same.
Avinash C. Ahuja
Peggy B.
0.2..(_,.•ye,e.i
'
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on NI-ail , 020(5— ,
2015, by Avinash C. Ahuia and Peggy B. Ahuia.
,.••otPAY`(a� .: KATHRYN S MOLPUS > Notary Public, tate of Texas
I' ,47%cNotary Public >
4 `A * STATE OF TEXAS > Printed Name: t tTftEm 53,40 Pus
•-.,,,.,,� F��+,;. My Comm. Exp.04-29-2016
"" " " " " v. -.."-- -se
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Expiration Date: Li-a-9 -a-o1l.
Page 7 of 7
Revocable Surface Easement Abandonment Agreement
101 Ocean Way
EXHIBIT A
Lot Seven (7), Alta Vista Heights, a subdivision in Corpus Christi, Nueces
County, Texas
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APPROXIMATE DIMENSIONS:
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W=1'=46 SF (23 Sf on either side) P—
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DATE: JUNE 19, 2015
EXHIBIT B I - URBAN SCALE: 1 "=40'
ENGINEERING JOB NO.: 41658.B3.00
101 OCEAN WAY ,, SHEET: 1 OF 1
TBPE ARIA NO 145 IBPLS FIRM NO 10032400 DRAWN BY: SB
2725 AMMER DR.CORPUS CHRIST 171 78404by Urban Engineering
PHONE 361 854 3101 OM URBANEAC COM
XI 8 1 1 \I I. 1 I I /81 A.1 I Ir. it 8 1 1 11 1 'IA Ai 1 I 8 1 1 / 1 1 / 1
EXHIBIT B - Page 2
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Improvements
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EXHIBIT C
INSURANCE REQUIREMENTS
I. OWNERS' LIABILITY INSURANCE
A. Owners must not commence work under this agreement until all Insurance
required herein has been obtained and such insurance has been approved by the City.
Owners must not allow any contractor to commence work until all similar insurance
required of the contractor has been obtained.
B. Owners must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance, showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager. The City must be named as an additional insured
for the General Liability policy and a blanket waiver of subrogation is required on all
applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation, non-renewal, Bodily Injury and Property.Damage
material change or termination and a 10 day written Per occurrence aggregate
notice of cancellation for non-payment of premium is
required on all certificates
Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises- Operations
3. Underground Hazard
4. Products/ Completed Operations Hazard
5. Contractual Liability
6. Broad Form Property Damage
7. Independent Contractors
AUTOMOBILE LIABILITY-OWNED, NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
EMPLOYERS' LIABILITY $500,000
C. In the event of accidents of any kind, Owners must furnish the Risk Manager with
copies of all reports of such accidents within 10 days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Owners' contractor must obtain workers' compensation coverage through a licensed
insurance company in accordance with Texas law. The contract for coverage must be
written on a policy and endorsements approved by the Texas Department of Insurance.
Workers' compensation coverage must be in amounts sufficient to assure that all
workers' compensation obligations incurred by Owners' contractor are promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the General
liability coverage and a blanket waiver of subrogation is required on all applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be" and
"canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In
lieu of modification of the ACORD form, separate policy endorsements addressing the same
substantive requirements are mandatory.
The name of the project must be listed under "Description of Operations".
At a minimum, a 30-day written notice of cancellation, material change, non-renewal or
termination and a 10-day written notice of cancellation for non-payment of premium is
required.
C. If the Certificate of Insurance on its face does not show the existence of the coverage
required by items 1.8 (1)-(7), an authorized representative of the insurance company must
include a letter specifically stating whether items 1.8. (1)-(7) are included or excluded.
z
SUPPLIER NUMBER
TO BE ASSIGNED BY CrrY
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
corpus DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the
City to provide the following information. Every question must be answered. If the question is not applicable,
answer with"NA". See reverse side for Filing Requirements,Certifications and definitions.
COMPANY NAME: Avinash C. Ahuja and Peggy B. Ahuja
P.O.BOX: STREET ADDRESS: 101 Ocean Way
CITY: Corpus Christi STATE: Texas ZIP: 78411
FIRM IS: I. Corporation 2. Partnership 3. Sole Owner
4. Association _ 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each"employee" of the City of Corpus Christi having an `ownership interest" constituting
3%or more of the ownership in the above named"firm."
Name None Job Title and City Department(if known)
2. State the names of each`official" of the City of Corpus Christi having an "ownership interest"constituting 3%
or more of the ownership in the above named"firm."
Name Title
None
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
NameNone Board,Commission or Committee
4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named"firm."
Name Consultant
None
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an economic benefit
on any City official or employee that is distinguishable from the effect that the action will have on members of the
public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,
employee or body that has been requested to act in the matter,unless the interest of the City official or employee in
the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics
Ordinance Section 2-349(d)]
EXHIBIT D
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly
submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Avinash C. Ahuja Title: Owner
(Type or Print)
Signature of Certifying �� Date: .?�6 £5
Person:
DEFINITIONS
a. "Board member." A memberof any board, commission, or committee appointed by the City Council of the
City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that
interest that is distinguishable from its effect on members of the public in general or a substantial segment
thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,
but not as an independent contractor.
d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the
form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint
venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held"
refers to holdings or control established through voting trusts, proxies, or special terms of venture or
partnership agreements."
g. "Consultant."Any person or firm,such as engineers and architects,hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
EXHIBIT D
Dm� 2 .) 151171-7511-822
4, Pages 15
08/17/2015 10:29AM
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $71.00
Any nrovision herein which restricts the Saler
Rental or use of the described
REAL PROPERTY because of Racer Color,
Religion, Sex, Handicap, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number senuence on the date and at the
time stamped herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
KARA SANDS
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