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Home My WebLink About031121 ORD - 04/18/2017 ORDINANCE Ordinance exempting Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, located east of Waldron Road and south of Don Patricio Road, from the payment of the Wastewater Lot/Acreage Fees Under Section 8.5.2.G.1 of The Unified Development Code; requiring the owner/developer to comply with the specified conditions. WHEREAS, Flour Bluff Gardens Unit 2, Block 2, Lots 2A& 2B, located east of Waldron Road and south of Don Patricio 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 the Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, James and Amanda Beauregard ("owners") the Planning Commission has recommend 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/Acreage Fees 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. 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 \1CCCH-FLO1.CCPD.NET\GROUPSDIRECTORY\DEVELOPMENTSVCS\SHARED\LEGISTAR\2017 CC AGENDA ITEMS\4-11-17\FB GARDENS UNIT 2,BLK 2,LOTS 2A&2B-WW ACREAGE FEE EXEMPTION\ORDINANCE-FB GARDENS UNIT 2,BLK 2,LOTS 2A&2B WW EXEMPTION.DOC 031121 INDEXED the agreement are covenants running with the land. The foreg i r_g ordinance as read for the first timeand passed to its second reading on this the \ 1 day of Q.) , 20 fl, by the following vote: Mayor Ben Molina (-t .J.E___ Rudy Garza II / Lucy Rubio Paulette Guajardo 1 , ! Greg Smith -----aili� Michael Hunter 0_____ Carolyn VaughnA. Joe McComb _01.t.2_ 4 1 I The foreg i! prdinance w read for the second time and passed finally on this thege day of _ , 2011, by the following vote: Mayor \I -Caij Ben Molina ___* Rudy Garza .iA Lucy Rubio ___Ilee_._. Paulette Guajardo _A% Greg Smith __A.A./y„,2 Michael Hunter il / Carolyn Vaughn akaa " 4 Joe McComb -If _ PASSED AND APPROVED this the I o day of , 20 17 ATTEST: 2e.,ta_C-(4 ,&e. kl k_o/vte.. -a..A.t,\C Rebecca Huerta Mayor City Secretary \1CCCH-FLO1.CCPD.NET\GROUPSDIRECTORY\DEVELOPMENTSVCS\SHARED\LEGISTAR\2017 CC AGENDA ITEMS\411-17\FB GARDENS UNIT 2,BLK 2,LOTS 2A&2B-WW ACREAGE FEE EXEMPTION\ORDINANCE-FB GARDENS UNIT 2,BLK 2,LOTS 2A&2B WW EXEMPTION.DOC i) 31121 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 James and Amanda Beauregard, 531 Don Patricio, 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 Flour Bluff Gardens Unit 2, Block 2, Lots 2A & 2B, 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 Flour Bluff Gardens Unit 2, Block 2,Lots 2A&2B 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 FLOUR BLUFF GARDENS UNIT 2, BLOCK 2, LOTS 2A & 2B, 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. Sanitary Sewer Connection Agreement Flour Bluff Gardens Unit 2. Block 2, Lots 2A&2B Page 3 1 EXECUTED original, this JAday of_fr - , 2017. DEVELOPER/OWNERS: afita,„6 _ ,--&-ifiKerz Ja sBea and Amanda Beauregard g g (finer Owner STATE OF TEXAS § COUNTY OF NUECES § 7s)stivren ,INast '� acknowledged before me on this , day of [. , 2017, by ,c ._. r. '4.t� ,+ 'C � Se t ctal:e r�' t•.�•; ULTRA V PENA `• t•f 60.... NOTARY PUBLIC Notary Public, State of Texas at 2e•Exp -Q2 2019 APPROVED: This day of , 2016 By: Julio Dimas, CFM. Interim Director of Development Services APPROVED as to form: By: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Flour Bluff Gardens Unit 2, Block 2, Lots 2A&2B Page 4 . j� .Fi� _ 1mar U) t 9/Di _ _ i4 ' At fk r is '' is .,10i,„ 1!iibihi _ ° i ! ! 1 a 1715 li E 2ill` t E u- > O cc 4 E !L Y ; 1! I£ £ 0 b iJllI 1 (22Wa cocr qt'o L; s Z ( ~• " i§ !S . .. . _, a:' c;aiuoao.a a •••• r i Y P r 7 i 1 "' 1 1 . 4 Z7 1 r 1♦ Com 'I , g�:1:q1 ~ A �V'. ; _ .n _ .kk FM M.00.00.02 6 0 C R ?. Ala ry h# ' ' a _ §....., 2 2-2 Ili S :, _ is — W ' iL4 Ili y I .0Eaaci.7O.00.kb N .....0.1.44 ›' a1 Y ;, 1� ` ;5{9 ti s a ill 411 lhi! !Ili n R 1E Illi ER r `a j X 391 ` a3 T 'iiii s i i ER is s .fin Tor ! ..i r ai ,•'' t 1.+1 t 't66 tl I !iJ! ! tj3 i iri ' pi 4�� 9f rs rV #1 11£ Ex #° !iia=9 t6 }ii gve, Itai # Z # � 1 c; 31±r 3; .r s ". I., i ill ' q h Jid 1 El ..iii 1 i% EXHIBIT 1