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Home My WebLink About031297 ORD - 11/14/2017 • • ORDINANCE EXEMPTING SUMMER BREEZE ESTATE PHASE 2, BLOCK 1, LOTS 1-10, LOCATED WEST OF FLOUR BLUFF DRIVE AND NORTH OF YORKTOWN BOULEVARD, FROM THE PAYMENT OF THE WASTEWATER LOT OR 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, Summer Breeze Estate Phase 2, Block 1, Lots 1-10, located west of Flour Bluff Drive and north of Yorktown Boulevard, 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 the area is not likely to be served by the City wastewater services 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 Summer Breeze Estate Phase 2, Block 1, Lots 1-10, Mr. Bryan R. Tucker("owner"), the Planning Commission recommends the City Council approving the applicant's request to waive wastewater lot or acreage fees in the accordance with 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 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. K\DEVELOPMENTSVCS\SPECIAL SERVICES'APPUCATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\I.LAND DEVELOPMENT\-PX II.BD(I,LOTS 1 IO.FINAL PLAT\PWASTEWATER FEE EXEMPTION\CITY COUNCIL 031297 INDEXED d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. That the foregoing ordinance was read for the first time and passed to its second reading on this the 1 i` day of[U(/,Z} ,t_2017, by the following vote: Joe McComb ,/ Ben Molina Rudy Garza 1 A! Lucy Rubio th 1 i Paulette Guajardo t ! Greg Smith Michael Hunter t /! Carolyn Vaughn i A • a Debbie Lindsey-Opel , t 1 That tIle foregoing o di ance wa rea for the second time and passed finally on this the jq- "day of (VpV 017, by the following vote: / AkiaA. Joe McComb I / Ben Molina i Rudy Garza i 1 Lucy Rubio _ _,.. Paulette Guajardo (14, Greg Smith 14I Michael Hunter A,/_/ Carolyn Vaughn 1 _ Io / Debbie Lindsey-Opel A .i / I t h� PASSED AND APPROVED on this the JLf day of (-nV )7. ATTEST: )(__L - , (. c_.e cc ( /, afir-re, Re ecca Huerta Joe McComb City Secretary Mayor K:IDEVELOPMENTSVCS1SPECIAL SERVICESIAPPLICATIONS FOR LAND SUBDIVISIONISUMMER BREEZE ESTATEI1-LAND DEVELOPMENTI2-PH II,BLK 1,LOTS 1- 10-FINAL PLAT48-WASTEWATER FEE EXEMPTIOMCITY COUNCIL ► 3129',' 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 Bryan R. Tucker, 3746 Scarlet Oak 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 Summer Breeze Estate Phase 2, Block 1, Lots 1-10, 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; Summer Breeze Estate Phase 2, Block I. Lots I-10 Page I 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 SUMMER BREEZE ESTATES PHASE 2 BLOCK 1, LOTS 1-10 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 /i' day off; „-, 2017. DEVELOPER/OWNER: —_? 1 Bryan • cker it'mer STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this 1 I , day of 00r VS . 2017, by Pt\kr,G 2i'(\allc /� k ` � iik7 ?Q" • Alicia Del Valle �6 • tary �liq State of Texas \hero PUFG< Fs: olIDu Fxpirea:08.06-3018 Summer Breeze Estate Phase 2, Block I, Lots 1-10 Page 2 CITY OF CORPUS CHRISTI: ATTEST: By: By Rebecca Huerta William J. Green P.E. City Secretary Development Services Interim Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2017. Notary Public, State Of Texas APPROVED as to form: By: Buck Brice Assistant City Attorney For City Attorney Summer Breeze Estate Phase 2, Block I, lots I-10 Page 3 , , . /--__ .,. . N , I _•=',, *( / , ... 1 _ 7,f.—( 13 SIZZ- . • - t ts • i '. I 4.. ... r , '.• ) ., . • 9 % k , I , ,... _. -- 3_, _ 1i .. , • 4., '‘. .• .- .: , - 1 i 111 F15 k 1 14 ?; 1 r,. .. _ LU /lib 0 • 1,1t4 ti i. i NI Avg! 1"-- ?. 1 . ; • 0 4 ' '1741. Per!! : k I id 7 < .., ! 1— ‘--• 6'1 • '''...- 1Aj- ''....', — — /• ill .4.k 1,1,41iirirl g I QII : 1 -e = q:. '•:4U111.thriTillir u• r\j I-- 14t3 I ! •:L.-- • , . ...._,. .4 Y gi ,..0,.. war'37,----.' j ;:- -;;;:•'; ,t.:.'—:'; •--r------ -- — ? ' ''• -----1L-..----v-erir . I 1 1 i Q_ CD 1 : .,, ! Nie:11ill! 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