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Home My WebLink About031495 ORD - 07/31/2018 Page 1 of 2 ORDINANCE EXEMPTING WATER'S EDGE AT KITTY HAWK UNIT 2, LOCATED SOUTH OF SOUTH STAPLES STREET AND WEST OF KITTY HAWK DRIVE, 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, Water's Edge at Kitty Hawk Unit 2, Located South of South Staples and West of Kitty Hawk Drive 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 Water's Edge at Kitty Hawk Unit 2, Kitty Hawk Development, Ltd., John Bratton, ("owner") the Planning Commission has recommended 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 or 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. 031495 INDEXED Page 2 of 2 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 the agreement are covenants running with the land. That the foregoing ordinance was r ad for the first time and passed to its second reading on this the cji-1-f 'day of , 2018, by the following vote: Joe McComb '4L� • % Ben Molina __01,L_ Rudy Garza , !_ Everett Roy _04-4_ Paulette Guajardo 11 ' , Lucy Rubio ___QACei. Michael Hunter 0 4 Greg Smith --0-4, I Debbie Lindsey-Opel -1+ That the foregoing ordnance was read for the second time and passed finally on this the .)( 5i- day of 2018, by the following vote: Joe McComb . 4! Ben Molina 1 ,! Rudy Garza �' ,I Everett Roy V i� _italruf Paulette Guajardo Q, , Lucy Rubio Michael Hunter AA Greg Smith ___aZ Debbie Lindsey-Opel /_, I St" PASSED AND APPROVED on this the a1 day of , 2018. ATTEST: fp... .,,, _. ,,,A4. --- __(,),__w__1.(,___„- - Rebe ca Huerta Joe McComb City Secretary Mayor C:\USERSALYB\APPDATA1ROAMING\L5\TEMPWE656FFF-2CDF-484E•B031 a1LOD.DOC 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 Kitty Hawk Development, LTD, John Pritchard Bratton, 8230 S. Staples St, Corpus Christi,Texas 78413 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Watefs Edge at Kitty Hawk Unit 2, Located South of S. Staples St, and West of Kitty Hawk Dr, 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. 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 WATER'S EDGE AT KITTY HAWK, 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. £f% toll46 EXECUTED original, this J day of F66. ,a0W. / DEVELOPER/OWNERS: iffy Hawk Development Ltd. Kitty Hawk GP, LLC its General Partner STATE OF TEXAS § § COUNTY OF NUECES § / Thisinstrumentwas acknowledged before me on this 5//L day of cebnuat -2e9-7.by .L A. I to/8 ' / • PaAELA J PO KLANe NMYY 113 1RE=53 Or i. _ 1_ ' 0.. ./ / 7^(I MYCDmmubnhMres _r,, - June 27.2020 Notary Public,S�Y- of Texas Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk,Unit 2 Page 2 of 5 CITY OF CORPUS CHRISTI: William J. Green, P.E. Interim Director of Development Services THE STATE OF TEXAS § COUNTY OF NUECES § 2018 This instrument was acknowledged before me on ,.2ety, by , Interim Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk, Unit 2 Page 3 of 5 � � Itr •� Irv, ' x,14ig4� i!ii1 ` pi ,+tii !t rv ` Mr 6 a.! .F ' it /1 1{t fI! r{'1 111 iiili r . 1(t i C _ / .Q = 3 I' 4 i g ��",� S= 'i r • %ii YC .6 . it r, f With ll{ iltr},° �i �' i9 a! E .t�� [ In 111111 3 il! ti :riii! ll 1 Li it3 i/1 I ; li 1 9, i s .i I 13 'f ri /r 9 ;! :1!( t i lly!i� 1� � , •� ��tr !1' Ii !I' 17, r,g J S! r iiit7 d .016.." 4471/' all \ my • `i4 - ,'.;1 0 'r. �ri ''V �'Q !it, a �p ►. __ � � 41 O __ - P1 1 .� °lam ti��'•'" 4'7 '•�` 'sill _ Ch r EliDr �� 7•--1 = iB 1 ,:Y''. IN riiii :5 1,, �4,►.. C t, 1 ,mint 1l ice' n..� "iR ,,, ,:4• %NI ilk.' - �� _ ahiq7rcilirMlit ,e' oiNltlfi� iii e:=-..c' 7• Ta!� ll, he is .:i :i1 to i W "%i-- ` d.'" 6 •a'. a it ,O.t.\ i ' -!" ; V 141 r .111'r'1 t + i 1 ii It I t=F l'fill 1 i ill) s 11 I ill 1!II t r�ili 11 le is I+ .ill, li fIt! i1 Oril P, ' i'l III 1111 11 :!Ifill 1.?1 ..,1 II l' all 1 P;AL a ;l�( F ti4 t tt ,� g'Ii I.#!i L { t 1111.1! pi rb1g!!11t t4i[ h : .ie 5 td1 I kit 'JIi1l� � cJt1f 4 �� 11 EXHIBIT 1 Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk, Unit 2 Page 4 of 5 VilliI i- l ;Hilo I. 3 gill I 1 I f J l i .o it: d i. . '. N. J •rte . e\ .,.\\.i, / k =0% `i . • A t I T ` ' Ni i ---ellif .ii 1.. . -I e' \\' gy • ,'•' p a .� n k i lLj` : •Qa ' c� 4 � 1. E G r i 5' € • '�'" I " s (i 1. ?. ;' sal v Nd ' /- 41:)it 0H _: > w = t sig. `t i !( > IiiI i ---- g._ r ...,,,,,— Ili EXHIBIT 2 Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk, Unit 2 Page 5 of 5