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HomeMy WebLinkAboutC2007-508 - 10/19/2007 - NA` , ~ ~ I i ' i ~ a_< if ~i...~ "rp' 5... ~i!~d~,i ~` !{3~.=.'~i 1-J .L. a-.P 3e.~` i SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Carpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Edna De Gaish, hereinafter called "Developer/Owner ". WHEREAS, Developer/Owner in compliance with the City's Platting Ordinance, has submitted the plat for De Gaish Tract, Block 1, Lot ], hereinafter called "Development" as shown in the attached Exhibit 1; and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, wastewater construction plans and 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 within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a wastewater line extension along the frontage of the property; 2. to not subdivide the Development; subdivision of the Development voids this agreement; 3. to pay pro-rata and tap fees at the time of connection to City wastewater; and 4. to obtain a building permit within one (1}year. City agrees: 1. to allow the property to use on-site wastewater treatment as approved by the City/County Health Department. 2. to allow the Developer to record plat and not require wastewater line construction. 2007-508 10/19/07 De Gaish, Edna 1 of 3 INDEStED INDEMNIFICATION: DEVEIAPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD xA_R'NH,ESS 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 LINIITATION 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 WTTH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY 1VIANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPATR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF DE GAISH TRACT, BLOCK 1, LOT 1, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE TNDEMNITEES 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 DeveloperlOwner, 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. Agreement and terms of the agreement should expire, be completed, upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE ©riginals, this .~ day of ~C~~lr,~.,r , 2007. 2of3 - 1 ~ } DEVELOPER/OWNER: Edna De Gaish 151 Flour Bluff Drive C , us Christi, 7841$~j ~ i ~-. n dna De Csai STATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on L , 2007, Edna De Ga,ish ?~'~~'~ JULlA R. GRAHAM *i~~-` MY COMMISSION EXPIRES TTOtary Pub1aC, State Df TeXas ~~,,~~ December 23, 2D0A ~~~ f ~`~ By: ~ ~ Juan Perales, Jr., P.E., DevelDpment Services Engineer -, _ By: ' ary .Smith Assistant City Attorney 3 of 3 ,t z ',~..~ y i's~~ A~ ~~ SE tlaffi C 6 ~s::i',,~~,, ~r ''40 ,fOU N k aq~ ~ 4b ~{ ~ it ; :. ~ i' ~YYY~ ~ ~~ w,.. J - ~ ~~ $ -~ ~o ~ - ~ ~ 9 ~~ ~~ ~~ s ~ ~ ~ b if ~ ~~ ~~ ° ~ ~~~ a ~ ~ ~ 4 ~G ~ ~~~ ~ ~ ~ ~~ r~ ~ ~~ r°~ ~ ~ ~; ~ ~~ ~~ w .~ ~~ ~ 3 1.,„< ~ ~' ~~~ ~ ryrra~„ }'~ ~ S3{{ Y U V YS~$~ ti ~ O ~~~ ~~~ fl O ~..~ ~l o gLLo ~ ~~~~ ~ ~ 4 ~ ~ ~a~ ~~~~ ~ d ~ ~ ~~ ~~~~ ~ ~ 11 ~ 1 ~+ ayo~! uV___ ~Vti9 ~ i b a ~oo_;_ssi ___ asao,ao.r~e _ ~r NO~1V~r09R }39111$ ,dl ~ f .00 SYl ..LY~ar -- ___.- 8 ~ga~ ~ 8 I e_ ~ I~ 4 ~ ~ I~ ~ ~ ~ I a E' I R ~ ~~ ti Q~gzg ~ h_ ~ N _ tl ~ ~ ~ ~ ~ I IW Z w 0.` ~~ lik N ~ Z 4 W ~^ p m ~ b 4' ~ kk~mw N ~ I ' ~ 3 iW ~11 N dl ~ ~ 1 I ~ r q~ ~~ t ~ ~ nl I ~ I I a ~ ~p I ~ ¢ Fu .ov, ° ~x ,a0'L91 - h'I.A~,OOei9N Z N ~' ~~ ~~. ' ~ ~R~~ ~ ~~~~ ~> 1B3L~ GSL1~