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HomeMy WebLinkAboutC2008-484 - 3/6/2008 - NA~ Doc# 200802143E ORIGINAL 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 Mary Frances Fiscus, of 1925 Waldron Road, Corpus Christi, Texas, 78418 and Christine T. Johns of 2310 Berens Court, Corpus Christi, Texas 78418, hereinafter called "Developers/Owners". WHEREAS, Developer/Owner in compliance with the City's Platting Ordinance, has submitted the plat for Flour Bluff Gardens Unit 3, Lots 3A and 3B, hereinafter called "Development", (Exhibit I); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, immediate construction of wastewater laterals and collection lines would impose an undue financial hardship on the Developers/Owners, and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developers agree as follows: Developers/Owners agree 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 reevaluate the terms of this agreement every five (5) years; 3. to not subdivide the Development; 4. to pay tap fees and pro rata fees at the time of connection to City wastewater; and 5. to obtain a building permit within one (1) year. City agrees: 1. to allow property to use on-site wastewater treatment as approved by the City/County Health Department; 2. to allow property to record plat and not require wastewater line construction; 2008-484 03/06/08 r Fiscus, Mary F. & Johns, Christine T. Sanitary Sewer Connection Agreement Flour Bluff Gardens Unit 3, Lots 3A and 3B Page 2 INDEMNIFICATION: DEVELOPERS/OWNERS, 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 3, LOTS 3A AND 3B, 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 Developers/Owners, 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 beneficiazies from and after the date of execution. EXECUTED IN DUPLICATE originals, this~~day of 'e N cc.. , 2008. DEVELOPERS/OWNERS: Mary Frances Fiscus 1925 Waldron Road Corpus Christi, Texas 78418 ~r1 cS.J ~J~.at.-v-vo~Fr,c.e~.r.~ Mazy Franc iscus STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~bN~ ~~ , Frances Fiscus. XAVIER GALVAN _ ~: Notary Public, State of Texas ~~~~= My Commission Ex ices ~'..~r ni~a~ `'~ p ,,,,,„ February Ol, 2009 2008, by Mazy Sanitdry Sewer Connection Agreement Flour Bluff Gardens Unit 3, Lots 3A and 3B Page 3 Christine T. Johns 2310 Berens Court Corpus Christi, Texas 78418 ~ ~ Christine T. Johns ` STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on rn A~ ~ 2008, by Christine T. Johns. KoRV tvraa wcea My CommNgon Expka ber Not APPROVED: ~dayof~Gr'th ,2008 Juan Perales; P.E., Development Services Engineer By: R. gnu First ssistant City Attorney For City Attorney S:VSURVEYaVGV]OIM]00\SANITARY SEWER CONNECTIONAGREEhfENTREVISED BY CITY OOC P N f ~ ~ ~- ~ ~ e3~ ~ ~ ~i 9,~ QQQ3c~ g F ~ A3 ]S ~ ~~ A~ R ~~ i°A-ym 4~ ~t` ~~ > I ~~ Y I ~~~ ~a ~~ S ~g g~~ e9 ~g~ y ~ ~ _ _ y 6 Af ~• F6 ~ a ° d R~~~e ~g ~~ g~~ ~~ i Rk~~ ~~gs e ~ LL $~g~l~ s€ 9n ~~g ~r3 _~, ~S 6 p~~~ o ~~~g A4 S ~~e &s ~ 3 ~ s ~~~:~9 g ~e ~ en ` B a 7 ~3 S~ ~ q~T °{ ¢ ~ ~ d $ fir. ~9 4 ~$ g Age ~. ~ i4T ~$ tE~P c° Q F p ~3 A €~p~ ~~ ~3t ~3Y ~~ n 9 ~ ee B ~ a gg ~ e ~ ~~~ ~ R ~ R !€~t ~ e~g ~ ~ ~Ig~ ~ e~ ~~~ ~ ~ ~ ~ @ ~ ~ e ~ S k* 4 ~ ~~~~ y 'gg A~' g ~ s' i E 7 ~ ~9 ~~ g` ~~ ~ A~~ i q~a~ ~ ~~ ~~ a ~f~ h ~ as~~ ~~ ~~ ~. ~ ~ 8 s~~~ @~ ~go n 8 ~~ ~ 8~ ~• ~ W I N _ avc _i _ f___ ~~ ~ g pp p yg~ pp pp vem ~~r~c r.• ~~ e 5 3° +~ ~i ~~ 5p 3~ a Se ~~ ~9 a Ie E d ~.~. 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