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Home My WebLink AboutC2007-032 - 2/5/2007 - NA'~Ati[TARY SEW'ER CONNECTION AGREEMENT ~TA TF. OF TEXAS § C'OL. 1~TY OF Nl!ECES ~ THIS .~~C~zF~EE1~IENT i~ entered into between the City of Corpus Christi, a Texas home-rule munic-ipalit~. P.U. }3ox 9277. Corpus Christi, ~~C'exas 78469-9277, hereinafter calle~i "Citv" and :~cc~ss Propc:rties_ Ltd., ?5 Burwood Drive. San Antonio, Texas 78216 here~nafter called "De~~loperiOwner ~' WHE121?AS, D~velopel~ Owner in compliance with the City's Platting Ordinance, has recor~i~d the ptaz for Scogin T~ract_ Lot 1.. Block 1, hereinafter called "Development" (~EXHIBIT i -: ~~ind. WHEREAS, Ueveloper!Owner was allowed to connect to a private wastewater svstem at the time of platting, and WHEREAS, ~vastewater cc~nstructic>n plans and wastewater construction would impose an undue tinancial hardship ~n the Developer/Owner, and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follow~: Develc~per/Owner agrees for itself, its ~uccessors, transferees, and assigns, as follows: ~ to connect to t~ity sewc;r at such time as a wastewater manhole is located at the frontage ~~t the Development and t'S 77 or County Road 52 or a wastewater line exten~s along tlle fronta~e ot the Development and US 77 or County Road 52; ' to obtain a building permit w~ithin one (1) vear from the date of this agreement; , to pay ta}~ fees <.~nd pro r~~ta tees at the time of connection to City wastewater; -~ to not ~ubdivide, replat. or amend the subdivision plat of the property within the Development tt~ create additional building sites. Subdividing, replatting, or amending the subdivisioi~ plat of the property~ within the Development to create additional building sites ~~-ill void this agreement; tc~ have ~~evelc~ped. con~tructed. and maintained a sanitary sewer connection to an existing private sanitar~~ sewer collectian line that connects to the City's wastewater collecti~~n svstem as shuw~n ~~n EYhibi~ "~`~; and ;~. to ha~~e said sanitarv se~~er ~onnectior~ line permitted and inspected. 200'7-~32 02105/0~ ~~"t ,~cces~ Properties ~ 'it~ a~rees- t~ ali~~r~ ~h~~ier/Developer ~~, connect to the existing private sanitary sewer colleetion line p~r -~~re~ment 1=_~~r Private Drainage Easement and Wastewater Service, as rea~rd~:~i in Dc~cument ~=?OC~1023796, Official Recards of Nueces County, Texas; to not ~equire ~~~°astewat~r line :;onstru~tion at this time. INDE:~INIFICATIO'~i: DE`'ELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARIVILESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, aND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAM.~GE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER O'.Y AC('Ot!NT 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 OI_IT OF OR ARE IN ANY MANNER CO!YNECTED wITH, OR aRE CLAIMED TO ARISE OUT OF OR BE IN ANY VIA'vNER CONNECTED W[TH THE CONSTRUCTION, INSTALLATION, EXIS'CENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR RENiOVAL UF T'HE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DE~'ELOPMF,NT OF SCOGIl~ TRACT, L.OT 1, BLOCK 1, INCLUDING THE [NJtiRY, LOSS OR DAM:~GE CAUSED BY THE SOLE OR CONTRIBUTORY 'YEGLIGENCE OF THE iNDEMNITEES OR ANY OF THEM. fhi~ agreements and ,.:ovenants set forth herein are covenants running with the land, to be tiled in the t)ftice of the Nueces County Clerk Office, and shall be binding on I3e~ eloperiOw~ler, its successors and assigns, and shall inure to the benefit of the parties heretc~ and their respective heir~. successors, and assigns and to third party beneficiaries from and atter the dat~ of e~:ecution EXEC'LTTED IN DUPLICATE originals, this ~~~' day of ~%~~i ~'~t~=~~~~~~~ -, 200"1. DE~~'FLOVER;OW?~ii=R: ~.. ~~. Massev, ~~ P. General Partner c>f Access Enterprises, LLC ?6 F~urwood Drive San Antonio. T~X 782 i 6 __ _~._ ~ _ __ , ; : :y ~ ~~~'' ~ : , __. ~ ,r ~ _ , -~-_ ,_ ~, s. - -s--[ s - - s-1`"T - ' - _ -- f -_-~- _ ~ ! GO 'Vlasseti ;~ ~ 5anitar~~ Sewer ~onnection Agreemen~ (subdi~~ision lot%~b~eck) PBgc _, i~f ~ ~T<1 I F~ O},: 1~E~:~ <~ti , ~:'Ol '~ I~Y OF tii'I-;C't S ~ I'his instrumen? was acknc~w~leci~ed before mc~ on ~~ `:? , 200~, by C. O. vtas5e_y as Dev~loper'~)wner ot Scogin Tract. Lot 1. Block 1. , , ~~.:~~e.~~ ,~ _-f~~ ~. ;; .~ ~ ~ ( :~, (~,~~ yC ~~"•• QELEE'~ z~ 5TlT~LEY ~ ~ ` , ~ ~ Notary Public, State of Texas ' ~:.,:~~ :~~a~yF~,~~~ ~ ~ S"4~E ~JF TFJ~,~.; v My Cor*mrt;, ~, t t~1~,.Zppg ~ aT`( ~- ST': ~~rmarido Chapa, Citv S retar~ 1'HE CITY OF CORPUS CHRISTI G rge K. Noe, City Manager aPNROVFD: ~~ _ _ day c~t ~~- - __. 200~,` ~--- gy:_ ~ _ ,t,. r `!.,.. - --- . 1ar Vb . Smith Assistant Citv ~~ttorne~ sT,a1 E o~ ~rFx4s ~ CO[_fNTY OE ~'~'UECI:S ~ _ ~~~~~~~ ~ ~ This ~nstrument was acknowledged betore me on K. Nae, Citv Manager of the Cit~ of Corpus Christi, Texas, a xas ho corporation_ on hehalf of said corparation. ~~ _ t 1 ~ ~ ,~ ~' .~./ , I by George municipal ~-,~' l~ ~~1+ Notary Public, State of Texas _,.. ~ 1-_--= -- ~,.~--_------- ...~~~Rt`PUa~ , ~n E• F~a°k` ~~. r ~l~ <. ,~v :.~-nr iSSiOn ~xp',t~fi ~ ~. ~\ ,:;t;' '~ ~ .~~ ~c~em~~ ~s _ ~ ~:F . -.,..," .~_:; Sanitarv Sewer C~mnectio~l A~reement (subdivision lot-biock) Pa~~~:~ ' of 3 MURRAY BASS. JR.. PE., R.P.L.S NIXON M WE~SM, ~'.E' . R.P.L S BASS & WELSH ENGINEERING P.O. BoX 6397 CORPUS CMR15T1, TEXAS 78466-6397 .~anuary 30, 2007 Mr. Chip Baish, Project Manager City of Corpus Christi Development Services 1201 Leopard Street P.O. Box 9277 Corpus Chris#i, TX 78469-92?7 Re: Scogin Tract Lot 1. Block 1 3054 S. ALAMEDA P-i. 361 882-5521 Fwu 361 882-1265 E--.~wi~: murrayjr@aoLcom E-MAIL: nixmw@aoLcom Dear Chip: Please find enclosed herewith two (2) executed copies ~f the Sanitary Sewer Connection Agreement between the City of Corpus Christi and Access Properties, Ltd. After fi~ing, please provide a copy of the recorded document to. us for our clienYs file. Please call feel free to call us if you have any questions or require any additional information. Yours very truly, , ~-..-~~ Murray ass, Jr., .E., R.P.L.S. l MBJ:sab Enclosures: Agreements, two (2) JAN3~,~ 03042C8-LTR.doc Doc* . 2007015832 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 municipality, P:O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Access Properties, Ltd., 26 Burwood Drive, San Antonio, Texas 78216 hereinafter called "Developer /Owner ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has recorded the plat for Scogin Tract, Lot 1, Block 1, hereinafter called "Development" (EXHIBIT 1); and, WHEREAS, Developer /Owner was allowed to connect to a private wastewater system at the time of platting, and WHEREAS, wastewater construction plans and wastewater construction would impose an undue financial hardship on the Developer /Owner, 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 Development and US 77 or County Road 52 or a wastewater line extends along the frontage of the Development and US 77 or County Road 52; 2. to obtain a building permit within one (1) year from the date of this agreement; 3. to pay tap fees and pro rata fees at the time of connection to City wastewater; 4. to not subdivide, replat, or amend the subdivision plat of the property within the Development to create additional building sites. Subdividing, replatting, or amending the subdivision plat of the property within the Development to create additional building sites will void this agreement; 5. to have developed, constructed, and maintained a sanitary sewer connection to an existing private sanitary sewer collection line that connects to the City's wastewater collection system as shown on Exhibit "2 "; and 6. to have said sanitary sewer connection line permitted and inspected. Sanitary Sewer Connection Agreement (subdivision lot/block) Page 1 of 3 Doc# 2007015632 j # Pages 4 03 9.07RM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees 127.00 Any provision herein which restricts the Sale, R 'I en tal or use of the described REAL PROPERTY because of Race, Color Religian� Sex, Handicap, Familial Status, or Nat tonal Ors in 3lic /9911 and unenforceable under FEDERAL LAW, STATE OF TEXAS COUNTY OF NUEC£S I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official public Records of Nueces County, Texas "' 7 A -. 6 y 0 �{ T l DIANA T. BARERRA NUECES COUNTY, TEXAS RECORDER'S MEMORANDUM At the time of recordation, this instrument was found to be inadequate for the best photograph reproduction because of 0egibility, carbon or photocopy, discolored paper, etc. All blockout additions and changes were present at the time instrument was filed and recorded. O City of Corpus Christi Development Services/ Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408