HomeMy WebLinkAboutC2020-073 - 1/24/2020 - NA 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 Dinah and Gary Morton, Owner, 1518 Flour Bluff 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 Morton meadows, 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;
SCANNED
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 day of AM'' , 2019.
DEVELOPER/OWNER: 7
Dinah Morton, Owner Gary M6rton, Owner
STATE OF TEXAS §
COUNTY OF NUECES §
A
This instrument was acknowledged before me on this the day of
2019, by Dinah and Gary Morton, Owners.
Notary Public, State of Texas
91"68, AUSTIN BRODERICK ARNOLD
• Notary ID # 130776409
09
CMy Commissionon Expires
August 12, 2020
rEa.e
City of Corpus Christi:
ATTEST:
By: �� �_ �_ . By: itinre7r,
Revecca Huerta A:e J. R(ymond III, AIA, CBO
City Secretary Direc or o Development Services
STATE OF TEXAS §
COUNTY OF NUECES § l
This instrument was acknowledged before me on this k`tom
day of okino -
2020, by Albert J. Raymond III, AIA, CBO, Director of Development Services Departnt, of the
City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation.
QAUV
Nctary ID LTRA art 26029965PENA Notary Public, State of Texas
�..'7�(I: My Commission Expires I
)t'oi<E December 6, 2023
APPROVED AS TO FORM:
'%-fA/rA
Buck Brice
Assistant City Attorney
for the City Attorney