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Ordinance
Exempting Ybarra Terrace Lot 1 located North of Weber Road and East of Oso
Creek, from the payment of the wastewater lot/acreage fees under section
8.5.2.G.1 of the Unified Development Code; and declaring an emergency for a
one-reading action.
WHEREAS, Ybarra Terrace Lot 2 located North of Weber Road and East of Oso Creek
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 Ybarra Terrace, Lot 1, Esther Castillo Ybarra
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) and an exemption from the Wastewater Lot or
Acreage Fee in the accordance with Section 8.5.2.G of the Unified Development Code
of the City of Corpus Christi.
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.
031803
SCANNED
Page 2 of 3
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.
SECTION 3. Upon the written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the City Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this 25th day of June, 2019.
PASSED AND APPROVED, this the 25` day of 5-‘/r)Q , 2019.
T: THE ITY OF CORPUS CH ISTI
/ 4
1111 glilL
Rebecca Huerta Joe Comb
City Secretary
Mayo
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: I/we, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced or at the present
meeting of the City Council.
Respectfully, Respectfully,
J%- cComb
•r
Council Members
031803
K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION SUMMER BREEZE ESTATE\1-LAND DEVELOPMENT\2-PH II,BLK 1,LOTS 1-
10-FINAL PLAT\8-WASTEWATER FEE EXEMPTION\CITY COUNCIL
Page 3 of 3
The above ordinance was passed by the following vote:
Joe McComb
Roland Barrera
Rudy Garza
Paulette M. Guajardo fl/D
Gil Hernandez /1/0
Michael Hunter
Ben Molina
Everett Roy
Greg Smith
031803
K`.DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION SUMMER BREEZE ESTATE11-LAND DEVELOPMENT,2-PH II,BLK 1,LOTS 1-
10-FINAL PLAT\8-WASTEWATER FEE EXEMPTION\CITY COUNCIL
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 Esther Castillo Ybarra, Owner, 5873 Hall Avenue, Corpus
Christi, Texas, 78408, hereinafter called "Developer/Owner".
WHEREAS, Developer/Owner in compliance with the City's Unified Development
Code, has submitted the plat for Ybarra Terrace Lot 1, hereinafter called
"Development," (Exhibit 1); and,
WHEREAS, wastewater construction plans and construction are a requirement of
the plat, and
WHEREAS, 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 with 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 YBARRA TERRACE LOT 1 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.
EXECUTED original, this
3 C` day of ,c JILL , 2019.
DEVELOPER/OWNERS:
6",544./..._ Caz,-
Esther
�Esther Castillo Ybarra
Owner
STATE OF TEXAS §
COUNTY OF NUECES §
rd
This instrument was acknowledged before me on this , day of
, 2019, by 1/�\A-f k_u .
•�;PY'�j••.• ULTRA V PENA t `(
�j� u 'n'• NOTARY PUBLIC Notaryblic, State of Texas
4:
:`� State of Texas
' ?>=_oF''' Comm.Exp.12-02-2019
CITY OF CORPUS CHRISTI:
ATTEST:
By: By:
Rebecca Huerta Nina Nixon Mendez, FAICP
City Secretary Development Services Director
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was signed by Nina Nixon Mendez, FAICP, Development Services
Director, for the City of Corpus Christi, Texas, and acknowledged before me on the
day of , 2019.
Notary Public, State of Texas
APPROVED as to form:
By:
Buck Brice
Assistant City Attorney
For City Attorney
A \ PLAT OF
....\
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9p }°R YBARRA TERRACE �Q 1
CABANISS NAVAL °��: LOT 1 „ - '�
AUXILIARY LANDING FIELD t• ��jj��' IP,e... P�' /
BEING A TRACT OF'A LAND BEING OUT OF TJTN /Z°'eE /
LOT 5, SECTION 12, AND LOT 1, SECTION 18 ‘........4. \ P�+,,,;I;n°«I«a�'�
OF THE BOHEMIAN COLONY 48 LANDS RECORDED, HUNIITO001 STATES CIE 99RAC \ \ ( \
IN VOLUME A', PAGE 48, MAP RECORDS, rlo BOHEM941 crotoNv VMS 2.99 ACRES Dur .\/] \
NUECES COUNTY, TEXAS AND MORE TM LOT 5 SECTION 12,
PARTICULARLY DESCRIBED IN DOC#396013 cacertt DOC/690043 D.R.N.C.T. Iw 1 \
DEED RECORDS OF NUECES COUNTY,TEXAS; I9rnAerI9! �"�
CONTAINING 9.04 ACRES. �� -` —\ �uJ
VA '
MENOEZ CRUZ fT VX(WITS I.5480824E9Iaa0LOTE5,SECTIO SW ENC IN
K =` MU."' ��^ \f..1LOT s,SECTION lz.
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to M"IA JJJ// 0003 917912 0ORR C1.
LEGENDii 9
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/ U.E. UTILITY EASEMENT �/ '
Y.R, YARD REQUIREMENT
I.P. IRON PIPE I ,
LOCATION MAP - I.R. IRON ROD
S. \� I
M.R.N.C.T. MAP RECORDS NUECES COUNTY,TEXAS • b O-
SCALE:1'.500' \ ,Y11
p.R.N.C.T. DEED RECORDS NUECES COUNTY,TEXAS {.
STATE OF TEXAS § O.P.R,N,C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY,TEXAS \N� POND /�/�{ �1
COUNTY OF NUECES § I \pA LOT '/ � \
I, ESTHER CASTILLO YBARRA, HEREBY CERTIFY THAT I AM THE OWNER OF THE ' 4 ‘\\r%
\T� 9.04 • \1
PROPERTYRVYESHOWN HEREON, FREE OF ALL LIENS, RT HAVE HAD DI PROPERTY CTION ) ��
SURVEYED D E SHOWN FOR THE PURPOSES OF DESCRIPTIONITED AND DEDICATION.ALL UNITED STATES NAVAL E CA ✓ r/J
UTILITY EASEMENTS AND RIGHTS-OF-WAY ARE DEDICATED TO THE PUBLIC FOR THE 0011EMIAII CDIDNT LARDS,221 94 ACRES
OPERATION & MAINTENANCE OF PUBLIC STREETS AND UTILITIES. OUT OF LOTS 5 NM 6.SE I2 VN / 1
o THIS THE DAY OF 2019. J
f__, C. .9 w0 ESTHER CASTILLO YBARRA `• �\
% STATE TEXAS GRAPHIC SCALE f .� / '� (n�j
t w COUNTY OF NUECES § 50 0 100\ \ ‘A'S;
a \ / ��bFX/ � R/
I IN FEET I
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I Inch-100 N. v 1 17 8 W �', r,A ;
. THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY �_ �` c -
ID - ESTHER CASTILLO YBARRA _ /, ✓�_ ZONE AE— no.aai
��// THIS THE_DAY OF 2019. `_� �"— OSO CHEEK -�'FLOOD`NAY '.
X 7STATE OF TEXAS §
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS COUNTY OF NUECES § STATE OF TEXAS §
W COUNTY OF NUECES §
6 THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE
o DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI.TEXAS APPROVED BY THE CORPUS CHRISTI-NUECES COUNTY HEALTH DEPARTMENT.
a STATE OF TEXAS § THIS THE_DAY OF 2019.ANY PRIVATE
COUNTY OF NUECES § WATER SUPPLY AND/OR SEWAGE SYSTEM SHALL BE APPROVED BY THE
WILLIAM J. GREEN, P.E. CORPUS CHRISTI-NUECES COUNTY HEALTH DEPARTMENT PRIOR TO INSTALLATION.
I. MURRAY BASS,JR., REGISTERED PROFESSIONAL LAND SURVEYOR. HEREBY CERTIFY THAT THE DEVELOPMENT SERVICES ENGINEER
FOREGOING PUT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION
AN D IS TRUE AND CORRECT,TO THE BEST OF MY KNOWLEDGE& BELIEF,
PUBLIC HEALTH ENGINEER
THIS THE 12th DAY OF APRIL. 2019. DATE
t OF E
;$° +r?f STATE OF TEXAS § STATE OF TEXAS §
•'•isi�••
6. COUNTY OF NUECES §
r 1B �/ COUNTY OF NUECES §
MUMIAT MSS,JR, THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF
0 ••T �� W �.. THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. I, KARA SANDS,CLERK OF THE COUNTY COURT IN AND FOR SAID
iQ2129 4.:a MU'ii' - JR. COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED
i 11�' u ES 429`SIi6NY•; RET STEREO PkOFESSIONAL LAND SURVEYOR THIS THE DAY OF 2019. THE_DAY OF 1019 WITH ITS CE7i0FlCATE OF
AUTHENTICATION,WAS FILED FOR RECORD IN MY OFFICE THE DAY
1. THE PROPERTY IS ZONED'FR'FARM RURAL. OF 2019 AT_O'CLOCK_.M.AND DULY RECORDED
ERIC VILLARREAL. P.E. NINA NIXON-MENDEZ, FAICP THE_DAY OF 2019 AT_O'CLOCK_A. IN THE
i 2. THE YARD REQUIREMENT,AS DEPICTED,IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE CHAIRMAN SECRETARY MAP RECORDS OF SAID COUNTY IN VOLUME PAGE,
ORDINANCE AND IS SUBJECT TO CHANGE A5 ZONINGTHE E MAY CHANGE.
INSTRUMENT NUMBER
a 3. BASIS OF BEARING IS STATE OF TEXAS,LAMBERT GRID,SOUTH ZONE,NAD 1983. ESTABLISHED BY
STATIC OBSERVATION AND OPUS SOLUTION BY NGS.ELEVATIONS REFER TO NAITO 1988. PREPARED BY
Hm BASS S7L !ELSQ""0 IENGONEERING WITNESS FAND SEAL OF THE COUNTY COURT T AND FOR SAID
4. THE SUBJECT PROPERTY IN ZONE AE,FLOOD PLAIN BOUNDARIES HAVE BEEN SCALED FROM FEMA COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY,TEXAS.THE
PANEL 48355 C 0510 G DATED OCTOBER 23.2016(DRAFT REVISED PRELIMINARY) CONSULTING ENGINEERS AND SURVEYORS DAY AND YEAR LAST WRITTEN.
I5. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE 050 CREEK. 3054 SOUTH ALAMEDA STREET 78404
o THE TCEO HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE 050 CREEK,BUT IT IS RECOGNIZED P.O. BOX 6397 78466-6397
AS AN ENVIRONMENTALLY SENSITIVE AREA THE OSO CREEK FLOWS DIRECTLY INTO THE OSO BAY.THE
iii TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE 050 BAY AS 'EXCEPTIONAL" AND 'OYSTER TELEPHONE; (361)882-5521 DEPUTY KARA SANDS
g WATERS'ANO CATEGORIZED THE RECEIVING WATER AS'CONTACT RECREATION"USE. FACSIMILE: (361) 882-1265 COUNTY COURT
NUECES COUNTY. TEXAS
FIRM REGISTRATION NO.F-52 (ENGINEERING)
9 8. IF THE PROPERTY WERE TO BE SUBDIVIDED.COMPLIANCE WITH THE PUBLIC OPEN SPACE REGULATIONS FIRM REGISTRATION NO. 100027-00(SURVEYING)
a WILL BE REQUIRED AS APPLICABLE. C ORPUS CHRISTI, TEXAS YBARRA TERRACE. LOT 1 SHEET 1 OF I