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Home My WebLink About031619 ORD - 12/04/2018 Page 1 of 2 Ordinance Exempting Trail Blazer Addition block 1, lot 5, located south of Yorktown Boulevard and west of Waldron Road from the payment of the wastewater lot or acreage fee under section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions WHEREAS, Trail Blazer Addition, Block 1, Lot 5, located South of Yorktown Boulevard and west of Waldron Road is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of Trail Blazer Addition, Block 1, Lot 5, Randall and Debora Arnold ("owner") the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC). SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro-rata, and tap fees at the rate in effect at the time of connection to City wastewater. 03161. 9 SCANNED Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. That the foregoing ordinance was read for the first time and passed to its second reading on this the a-711day of ttA044-yL614018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo aka40- Liy Rabie VCLCA -Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ord' ance w s read for the second time and passed finally on this the /41 day of , 2018, by the following vote: Joe McComb -114f—OtMolina the Rudy Garza Everett Roy Paulette Guajardo � bio Michael Hunter : Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the I day of I inL 12018. ATTEST: . - Re ecca Huerta ,►e McComb City Secretary ayor C:\Users\Alyb\AppData\Roaming\L5\Tem p\d49083c1-b 39d-4c36-a 74-gfc�1,biblObO.doc 3 rt .; SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Randall and Debora M. Arnold, 3307 Bali Drive Corpus Christi, Texas 78418, hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Trail Blazer Addition, Block 1, Lot 5, Located South of Yorktown Boulevard, and west of Waldron Road, hereinafter called "Development," (Exhibit 1 and 2); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: ,* 1. to allow property to use on-site wastewater treatment in compliance wits State and local regulations; . INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS 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 THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF TRAIL BLAZER ADDITION, BLOCK 1, LOT 5, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. fi(? 7 ,h,J).. EXECUTED original, this /Q tf1 day of 2018. P iv OPER/OWNERS: ii -!004 /- i Randall Arnold 'Debora M. Arnold Owner Owner STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this i V , day of O&t0Y22 I , 2018, by_ — . �1,` JACQUELINE FAYE SPEARS �� / / I �// P `�.��`a'' _$' iNotary Public,State of Texas �— L Comm.Expires304-0-2021 • ary P t blic, State of T-Ts t --.,;,�;,+,E.,� .y __ Sanitary Sewer Connection Agreement Trail Blazer Addition,Block 1, Lot 5 Page 2 of 4 CITY OF CORPUS CHRISTI: Nina Nixon-Mendez, FAICP Interim Director of Development Services THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2018, by , Interim Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Trail Blazer Addition, Block 1, Lot 5 Page 3 of 4 • stn g. pj TRAIL BLAZER ADDITION 41' "' q_,......0•04110.1,04•A•'� �"" �,\ ! _ /J [/� BLOCK 1LOTS CD cfp � r,�«, �^ .. /2.401160041aa OW...PITO 40 Mk –ns +...._e___zvi ..,e CD caNd0.1.112"1.1aaufa=PM MAI la 0 :1309.434‘.^.... LOT In . . _.�. M F LOUR Ya. tO A ..,i..••ccwe... S Q w...E.s —' O BLUFF tw,ua.cwnr.ma,.n... SAM NAM AMMON - C07 G3 2 C �.,�,...s'�'i",&"S `,,,. 1141...1{....,“ , �`..t" sire J' 1 44 ` 4t�...'ie.ma.cr a alb aAI Asi a !,,,t1,., r In r .1A, ,�CD `;f �k S R9'U'3T E 5211.64' "` yi .,narw•.i�..."..-.� .«.<,� h LOT IA VICINITY MAP(NTS) V1 CD 2 CO .rn•a.0ii u1vc+ue's w..r., 1.111.14.1.01,112. �.h/• .,..aro..K LOT 5 Ly m .Www Va..c:awn......WS AU..saramro. '."64 5 )<,:,? 'r, PKY '�1 AM.,m.Kitae Si nit....1w...a: OM.r: iS5.YAa . INt a.s.axmAn.MI*.a..c a...tr... �' • CO -. .1 Vall 04M144 a.m. r ;did. a "'iiuc enn.i..w norwa.•.•......vo t.wswMa A • IIt S. x• �, mOdPi�a — e. .._.. sus• 4 Yej,Os a.'3, k w§ un.I Vit ` " m -as. [ x-S h." .....7•...••..r.r s . rr a W7'a �+R. j aN ,.o.e.t.,K.� .«m.,.na.ano••.w...utw....,.t.ta.. ....... ao.o..a...e.•..,na..r .. / J . y' 4J can• .. A sit .u. ra.. ar ma+.ae.. Jpp.°$ S : �:.,„ w,.a....,a...� RECEIVED • I'JUL tax • VOSS ENGINEERING, INC. I DATE: REVISED:# OFFICE: JOB#: city o,corp..Cnrel, "^a+ �� 105/22/201B RV&PP 17-9363 Develcpcnont Sentoes L 404NIF ING AND tMO SUINErrp MS CO EEWOOD awe.caw»awron mw w,! (mow•C•at Ir.KV I I v.DeE:I�E.»s•+1aa FA.(Y NVISKI FIRM NO. F-166