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Home My WebLink About029354 ORD - 01/17/2012Ordinance exempting The Coves at Lago Vista Unit 3, Block 2, Lots 21 and 22, from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1 of the Unified Development Code; and requiring the Developer/Owner to comply with the specified conditions. WHEREAS, The Coves at Lago Vista Unit 3, Block 2, Lots 21 and 22, ("Subdivision") located south of FM 2444 and Oso Creek and southeast of King Estates Subdivision, in an area known as the Laureless Corridor, is not currently served by the City wastewater system; WHEREAS, Victor Medina of Medina Consultants, ("Owner/Developer"), on behalf of Subdivision, 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, the Planning Commission has forwarded to the City Council its report regarding the application of Owner/Developer, and in accordance with Section 8.5.2.G.1 of the Unified Development Code ("UDC"), recommends that the City Council find that it is not likely that the Subdivision 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. The Coves at Lago Vista Unit 3, Block 2, Lots 21 and 22, ("Subdivision") located south of FM 2444 and Oso Creek and southeast of King Estates Subdivision, is not likely to be served by City wastewater service within the next fifteen (15) years and is therefore exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1. of the UDC. SECTION 2. The exemption from the payment of wastewater lot or acreage fees is conditioned upon Owner/Developer's compliance with the following: a. Entering into a Sanitary Sewer Connection Agreement with the City of Corpus Christi, (copy of Agreement attached as Exhibit "A"), and fulfilling all conditions of said Agreement , which include but are not limited to: i. Connecting to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property. ii. Paying wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater. K:1LegalISRAREDILEGAL-DEV.SVCS12012 AgendalCoves @ Lago Vista\12-19-11 ORD Exempting The Coves at Lago Vista Unit 3.DWBFinal.docx 029354 INDEXED iii. Paying applicable pro -rata and tap fees at the rate in effect at the time of connection to City wastewater. iv. Subdividing the lots no further than what is shown on the plat attached to the Agreement as Exhibit 1; further subdivision of the lot voids this agreement. v. Recording the Sanitary Sewer Connection Agreement in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. vi. Incorporating the substantive terms of the Sanitary Sewer Connection Agreement into Deed Restrictions upon conveyance of a lot to a third party purchaser, specifically noting that the covenants contained in the Agreement are covenants running with the land. vii. Providing Indemnification to the City of Corpus Christi as noted within the Agreement. Signatures at next page. That the foregoing ordinance was read the first time and passed to its second reading on this the 1 PK day of , 2012, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. k Priscilla Leal v v David Loeb al6415U4N). John E. Marez Nelda Martinez (112-j OIL Mark Scott That the foregoing ordir nce was read for the second time and passed finally on this the day of Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Priscilla Leal , 2012, by the following vote: David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED this the LIN day of ATTEST: Armando Chapa City Secretary APPROVED as to form: December 19, 2011. Carlos Valdez, City Attorney City of Corpus Christi, Texas By: 4,ifv)/Q-4/.6 eborah Walther Brow Assistant City Attorney , 2012. ieid'aexiiLe Joe p ame Mayor 029354 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 Edward Gonzalez, 6113 Queen Jane Street, Corpus Christi, TX 78414, hereinafter called "Developer/Owner ". WHEREAS, Developer/Owner in compliance with the Unified Development Code, hereinafter called UDC, has submitted the plat for The Coves at Lago Vista Unit 3, Block 2, Lots 21 & 22, hereinafter called "Development", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally 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, it has been determined that the area will not likely be served by the City wastewater services within the next fifteen (15) years; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer/Owner agree as follows: 1. The Developer/Owner of the lot agrees for itself, its successors, transferees, and assigns, as follows: a. To connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property. b. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater. c. To pay applicable pro -rata and tap fees at the rate in effect at the time of connection to City wastewater. d. To subdivide the lot no further than what is shown on the plat attached as Exhibit 1; further subdivision of the lot voids this agreement. Exhibit "A" Sanitary Sewer Connection Agreement The Coves at Lago Vista Unit 3, Block 2, Lots 21 & 22 Page 2 of 5 Developer/Owner's liability pursuant to this Agreement as to each lot shall cease upon Developer/Owner's conveyance of the lot to a third party purchaser provided that Developer/Owner conditions each conveyance with the requirement that the subsequent owner of each lot is bound to comply with Developer/Owner's obligations hereunder. Developer/Owner shall incorporate the substantive terms of this Agreement in the Deed Restrictions, and such inclusion in the Deed restrictions shall constitute compliance with this paragraph. 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City/County Health Department in compliance with State and local regulations. b. To allow the Developer/Owner to record the plat and not require wastewater line construction. 3. 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 SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO THE COVES AT LAGO VISTA UNIT 3, BLOCK 2, LOTS 21 & 22, INCLUDING INJURY, LOSS, OR DAMAGE 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 TO THE COVES AT LAGO VISTA UNIT 3, BLOCK 2, LOTS 21 & 22, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAUL T OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CITY OF CORPUS CHRISTI: dy Garza Interim Assista Development Manager o ces Departme STATE OF TEXAS § COUNTY OF NUECES § Sanitary Sewer Connection Agreement The Coves at Lago Vista Unit 3, Block 2, Lots 21 & 22 Page 4 of 5 ss Support Services This instrument was signed by Rudy Garza, Interim Assistant City Manager of Business Support Services, Development Services Depa -n , for the Ci ypyls Christi, Texas, and acknowledged before me on the LI ay of /jy , 2011. 4,‘Ziti. 1 0'4-- Notary Public, S ate o exas a�*a'r"r'yP4 KENE SA?ENTER it Notary Public, State of Texas y,1604 .tory Expires ''��%n ,;; oclober 15, 201 S APPROVED AS TO FORM ONLY this? day of 10 1 , 2011. B eborah Walther Brown Assistant City Attorney For City Attorney AGREEMENT becomes effective and binding from and after the date that duplicate original copies have been executed by all parties. Sanitary Sewer Connection Agreement The Coves at Lago Vista Unit 3, Block 2, Lots 21 & 22 Page 5 of 5 2 -1=0 -is a PLANNING COMMISSION 5 9 0111no. 2 117528. I 1 1 , r 1 r / r i r r ki .415 / lir / / //,/ ,/ t , / f 7 / / 1 ii / / ,t / / v f 15,1 I • , Nal r r 1 il / di 1 4/e -, - • :_. An. I il '1 / /' I. 1 I I. --... I 4 I , -- ..1 — r _ —,,-:e20:— - / / 11 ....... .c.„,c4 ....... ....... ,„.„ i 1 1 ....- .. 1 1 aaa '' ..-• I / / lill 11 <- N. / i 11 , li \ 1 I \ \ / 1 iq 1 0 • / / • / I , / 5 4 1.0.4809 g / / her 9 g eg g •1 Malta. 'at .01512:40. Ma sera at, Rama Mane A aa4 32 11 h hp; 9 • 6 • -Z 9 9 ‘5 eg. 11,14g g , 9 4r 111111ri pay' u Mat' 224 -