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Home My WebLink AboutC2008-568 - 7/17/2008 - NADoc# 2008033156 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 Roberto H. Recio and Minerva D. Recio of 3637 Lamont Street, Corpus Christi, Texas 78415, hereinafter called "Developers /Own�rs ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for Brown -Lex Tract, Block 1, Lot 8C, hereinafter called "Development ", (Exhibit 1); 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 pay tap fees and pro rata 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 property to use on -site wastewater treatment; 2. to allow property to record plat and not require wastewater line construction; 2008 -568 7117108 Recio, Roberto H. and Minerva D. INDEXED Sanitary Sewer Connection Agreement Brown -Lex Tract Block 1, Lot 8C Page 2 INDEMNIFICATION: DEVELOPERSIOWNERS, 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 BROWN -LEX TRACT, BLOCK 1, LOT 8C, 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 beneficiaries from and after the date of execution. EXECUTED IN DUPLICATE originals, this \E> day of _ ] ��1 , 2008. DEVELOPERS /OWNERS: Roberto H. Recio 3637 Lamont Street Corpus Christi, Texas 78415 XL� IF Roberto H. Recio STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ' , 2008, by Roberto H. Recio. ff" XAVIER GALVAN Notary Public, State of Texas llc, 'fate O My Commission Expires February Ol , 2009 ♦ f, f!F S 1 ff 1IV. Sanitary Sewer Connection Agreement Brown -Lex Tract, Block 1, Lot SC Page 3 Minerva D. Recio 3637 Lamont Street Corpus Christi, Texas 78415 Minerva D. Recio STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2008, by Minerva D_ Recite_ �� iPRY X 40 i XAVIER GALVAN Notary Public, State of Texas My Commission Expires February 01, 2009 !ry {IK APPROVED: // t o day of , 2008 By: ,G Juan Perales, P.E., Development Services Engineer B gl y• g -tA kt r Jay n st Assistant City Attorney 5.07 Acres out of Let It. Section 5, Range 'Alf ougsnhabn and Cehn's Farts Lots Vol. A. Pg. 51, Map Records of Nunn County, Taos. (aenen Reerrfe H. Rtl and shuns 0, Beene) \ on r� \ a \ a. \ 7 P"I a DMIM - L4X Tiact Block 1, Lot 8C Lot 8C 0.029 Ao e Id4a.serf 1.25 Acres out of Lot 11, Section 6, Range VIII Gugenhehn and Cohde farm Lots 1b1. A, Pg. 53. Map Records of Rue® County Texas en . tom erbh s vxxw) i LOCATION MAP N.T.S. k' 1S f eP State of Texas I yYa County of Ruecag uv1 I. Dan L. Urban, a Registered Profesalonal Land Surveyor for Urban Englneerng, hove prepared the I} te a" foregoing map from a survey made an the ground under my direction and is true and correct io te best of my knowledge, Informaiion and belief. I ham been engaged under contract to eat bit Let an Black comers as thews herein and to complete such eperaUons with due and resemble dRigence consistent with sound profee9Tonai practice. I This the — day of - 20— I Don L. Urban. R.P.L.S. I Taxes License N. 4710 State of Texas County o { Nueces This final plot of the herein described property was approved by the Department of Development Services of the City of Corpus Chrleti, Texas. Thte the — day of 20— 9D 60 30 G 6D 120 Gro% %8 ale 0.943 acres of land out of Lot 11, Section 5. Range VIII, Gugenheim and Cohn 's Farm Lots, a map of which is recorded in Volume A, Page 53, Map Records of Nueces County, Texas, Stets of Texas County of Nueces Roberto, H. Recto and Mlne va D. Recto• hereby mortify that they are the owner of the fonds embraced within the boundmies of the roregokng plat; that they hove had said lands surveyed and subdNided as shown; that streets shown are dedicated to the public use forever; {hot easements as shown arc dedicated to the p.1,11. use fer the Inetallatfon, operation and use of public utn"Im and that this mop was made for the purpose of description and dedication. T So the _ day of 20— By. Robarto H. Reels B),, Minerva D. Real. By Roberto H. Reolo By Mlnerw D. Recto State of Tesos County o1 Nunes This instrument was acknowledged before me by Raberie H. Reels and Minerva D. Rsclo- This the _– day of 20_. Notary Public In and for the Stake of Texas Neta9- 1.) Total platted area contains 0.943 acres of land. (Includes Street Dedication) 2 •) set 5/6 inch Iron rods with red plastic cap stamped "URBAN ENGR C.C. T%' at all Lot corners, except where noted. 3.) The receiving waters for storm water runoff Is the Doe Creek Basin. The TCEO has not classified the aquatic life use for the Ode Creek, but it Is recognized as an environmentally sensitive area. The Gas Creek Rowe directly Into the 090 Bay. The TCED has classified the aquatic life use for Coo Boy as "exceptional" and "oyster waters" and categorized the receiving water as "contact recreation" use. _ 4.) Bearings are based an the recorded plot of Lot BA and 8B. Block 1, Brown –Lex Treat. a map of which is recorded in Volume 45. Page 124. Mop Records of Nunes County, Texas. 5.) By graphic plotting only, this property is in Zane "C on Flood Insurance Rate Map, Community Panel No. 405464 0165 C, City of Corpus Christi, Texas, which beers an effeelive dole of July IS. 1965 and is not in a Special Flood Hazard Area. 6.) All property within the boundary of this plot is subject to a sanitary sewer connection agreement recorded with the plot and executed by the owner and the City of Corpus Christ. (Document No. __ O.R.N.C.T.) Public Health Department Juan Perclee, Jr., P.E. Development Services Engineer State of Texas County of Nueces We final Flat of the herein described property wee approved an behalf of the City of Corpus Christi, Texas by fhe Planning Commission. This the _ day of 5 20 rcryce 0aade –Macon R. Drycn Stone. Chairman Secretary Stele or Texas County or Nueces I, Diana T. Samara. Cleek of the Ceuhiy Court in and for sold County, do hereby certify that the Poregokng Instrument dated the _ day of 20 —. with its certire. a of outhenticullon was filed for record In my of Rae the _ day of 2D_ At _ O'clock _–_M and duly recorded the — day of 20� at _ O'clock __M., In sold County In Volume Page Map Records. Witnaeg my hand and goal at the County Court, In and for said County, at office In Corpus Christi, Texas, the day and your lost written. No. Ned for Record Diane T. Boners, CauMy Clerk Nueces County, Texas of O'ciack - ---A. 20 By. Deputy URBAN OATEI Julia 6 x606 � NIX sift Hat 3763tA&OD r ' D OU.uw� -rnr r. rnual— �1YN ft X0 r X� W STATE OF TEXAS COUNTY OF NUECES 1 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 t 6 � _ �S DIANA T BARRERA NUECE5 COUNTY, TEXAS - _ Any prssvision herein whic=h restricts the Sale, R ORI rx,I,i entaI or use of the described REAL PROPERTY because of Race, Colnrj. i Reliy1101", Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAN, 3112189. floc# 2008033156 # Pages 5 07/212008 3.05PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $31.00 City of Corpus chft" Development Serygi �y Special Service$ (` fI 2406 Laopetrd, Suite Corpus Christi TX 78408