The URL can be used to link to this page

Home My WebLink About030117 ORD - 03/18/2014Page 1 of 2 ORDINANCE EXEMPTING KING ESTATES UNIT 4, A SUBDIVISION LOCATED SOUTH OF STAPLES STREET (FM 2444) AT THE INSTERSECTION OF SOUTH' STAPLES STREET (FM 2444) AND OSO PARKWAY SOUTH, FROM PAYMENT OF THE WASTEWATER LOT /ACREAGE FEES PURSUANT TO SECTION 8.5.2.G.1. OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, King Estates Unit 4 ( "Subdivision ") is located south of South Staples Street (FM 2444), at the intersection of South Staples Street (FM 2444) and Oso Parkway South and 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, City Staff and the Planning Commission recommend that City Council find 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. It is determined that the King Estates Unit 4 ( "Subdivision ") is located south of South Staples Street (FM 2444), at the intersection of South Staples Street (FM 2444) and Oso Parkway South, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1 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 as Exhibit {{A,1 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. 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. 030117 INDEXED Page 2 of 2 d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the (T- zlay of cU2 t- . , 20 I , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb (6)Auid- Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foreg ing.ordinance was read for-the second time nd passed finally on this the `day of `-rna, VCu- , 20 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb (1 lei it} Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the ► , 20 T Y i ATTEST: T&L,„ Rebecca Huerta Nelda Martinez City Secretary Mayor K: \DEVELOPMENTSVCS \SHARED \LEGISTAR\2014 CC AGENDA ITEMS \02 -25 -2014 \KING ESTATES UNIT 4 \ORDINANCE.DOC 030.1.17 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 MPM Development LP, P. O. Box 331308, Corpus Christi, Texas 78463 hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in compliance with the City's Unified Development Code, has submitted the plat for King Estates Unit 4, hereinafter called "Development," (Exhibit 1); 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. Sanitary Sewer Connection Agreement King Estates Unit 4 Page 2 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 WILDCAT INDUSTRIAL PARK, 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 tiled 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. EXHIBIT A Sanitary Sewer Connection Agreement King Estates Unit 4 Page 4 EXECUTED original, this 3o day of , 2014. DEVELOPER/OWNER: MPM Development, LP P. O. Box 331308 Corpus Christi, TX 78463 Vahid Mostaghasi, General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this , day of 014, by Vahid Mostaghasi, General Partner, MPM Development, LP. Note APPROVED: blic, State of Texas This day of , 2014 By: Renee Couture, P.E. CINDY BUENO Nvary Pohr STATE OF TEXAS ''•: ::%• --••. /' My Comm, Epp. 1I- 04.2015 Sanitary Sewer Connection Agreement King Estates Unit 4 Page 3 ECUTED original, this day of , 2014. DE - OPER/OWNER: MPM De opment, LP P. O. Box 08 Corpus Christi, + 78463 Vahid Mostaghasi, General STATE OF TEXAS § COUNTY OF NUECES § ner O(, This instrument was acknowledged before me o is , day of , 2014, by Vahid Mostag -si, General Partner, MPM Development, LP. -D Notary Public, State of Te s APPROVED: t' This day of 1F1{0' , 2014 By: R nee Couture, P.E. D elopment Services Engineer APPROVED as to form: ol. an Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement King Estates Unit 4 Page 4 Sl eb !I s� :Y Y sa FE 1 i e a� rrgb flT e "2 "gsk }Z li2$x7 ltt fit slfhx�d iR'ixk> yg?" itiqd 0.1 ttOth orct a3ai }tr rib 00.1 ak_rks itgli 41"/ ® d fD �O ir e b i p 0, t4 k S tli °t = : + 2 as-:1Y! 4t14b lr rS aeI3 "z Wistity erttiz •a 7p r 1,,i,.1 LY.:j1 Y:t.1 �. �i.'.6 •t�� iYg ,j4 - R b ie o t� 0—e- rt1g 19 cis ♦ k kk k ,'k k� �' " `. k + °i. ti� L ?► R�a ys � i" � � � X3i;xi_ kgSiK esx a 77 �8pti i9.1s• rii141 1=1 4117 Iglii WWI In•lat 113 .412 ("WW1' f• I771 a 14 .°i1+N 438 00t n.SS .I0.00s rat Yom.,, a1 i.n <.® frara ei tZU ,v i'2 1-4.44. .r✓. 71tpa t y0� , y } j 0 . n• , ,. •w, .:u v�.�. {4i MG 1001 3.11.0 ADO .CON ^- EXHIBIT 1 K:DEVELOPMENTSVCSISPECIAL SERVICES1APPUCAT1ONS FOR LAND SUBDNISIONIKING ESTATES11 - LAND DEVELOPMENT124NIIT 4t7- EXEMPTIONISANITARY SEWER CONNECTION.DOC