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
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