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Home My WebLink AboutC2008-571 - 10/14/2008 - NAORIGINAL Doc# 20OB045887 SANITARY SEWER CONNECTION AGREEMENT RECORDERS MMORANDUM STATE OF TEXAS § GRANTORS SIGNATURE IS COUNTY OF NUECES § NOT NOTARIZED ado 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 Ray E. Rabalais and Teresa E. Rabalais of 5439 River Trail Drive, Robstown, Texas 78380, hereinafter called "Developers /Owners ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the Amending Plat of Heather Ridge Estates, Lots 7A and 7B, hereinafter called "Development ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers /Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; 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 -571 10/14/08 Rabalais, Ray E. and Teresa E. INDEVED Sanitary Sewer Connection Agreement Amending Plat of Heather Ridge Lots 7A and 7B 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 HEATHER RIDGE, LOTS 7A AND 7B, 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 V U day oI C�-�� e c , 2008. DEVELOPERS /OWNERS: Ray E. Rabalais 5439 River Trail Drive Robstown, Texas 78380 a. -E� � � Ray E. Rabalais STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on QcA �,e, `O , 2008, by Ray E. Rahalaic Not4y Publi S to of Tex s . �O�r WER GALVAN Notary Public, State of Texas - ' = J'' ��II[ffl1N �,• My Commission Expires February 01, 2009 Not4y Publi S to of Tex s • Sanitary Sewer Connection Agreement Amending Plat of Heather Ride Lots 7A and 7B ° • Page 3 Teresa E. Rabalais 5439 River Trail Drive Robstown, Texas 78380 Teresa E. Rabalais STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on R abalais. �!n p / h, dpS.Y h4�4 XAVIER GALIJAM hiotary Public, State of Texas ^US My Commission Expires February 01, 2004 APPROVED: "day of ®G J ' 2008 By: ate. Juan Perales, P.E , Development Services Engineer By: ay einin first Assist t City Attorney Oc-it �, zr l O , 2008, by Teresa E, RECORDERS M MORMUM GRANTORS SIGNATURE IS NOT NOTARTZED R We the --- day o! — — u 20_ —_- Flo G too WO IM LJ&51NLE� F: Aagbet ' z GGb SCPLE: , u 'OD' Notary PWITC In and far the State of Texas JOB NO.; 47651.00.01 hi Gm s Scale SHEET: t of 2 = DRAWN BY: XC # 1.) T otal p laited are. contain. 6.826 acres of land. Stott of To-. its Aasletant DI—tor of Planning County of Nuaces 2•) Set 5/8 inch Iran rods with red plastic cap stamped 'URBAN ENGR C.C. TX' River tmu p! e at oil Lot corners, except where rated. State of Texas 3.) The receiving waters for storrw water runoff is the Nuaces River upstream of Tema Fuel & Asphalt Ca., Inc., hereby lfle eg oin s that It Is the own r of the land. embraced within the boundaries of Lot 76 as Green an the for t g plot; that It hoe had sold lands L „ the Colallen Salt Water Intrusion 0am located 1,1 miles upstream from Nueces t rvayetl and aubdTNded ae ehawn; that easements as shown are dedicated to the public Bay. The TCEQ has classified the aquatic life use for this augment of the I, Diana T. Barrem, Clerk of the County Court in antl r Nuaces River as :high' and TCEQ also categorized the Nuecee River as 'contact recreation' use. Additional water quality protection megaures must F,N, egiu be observed for this receiving water due to the TCEQ designated as a 'public ur for the purpose of description and dedication. water supply'. day of 20 — At — 4.) Bearings are hosed on the recorded plat Heather Ridge Estates, a map of O'clock —w „ and duly recorded the — day of - - 20__ —, at —_ O'clock __JA., which Is recorded In Volume 59, Pages 161 -163, Map Records of Nuaces County of Nuaces in sold County In Vdume — Page —__ County, Texas. a 5.) 8y graphic plotting only, this property Is In Zone "C' on Flood insurance Rate By' Tom. Fuel & Aephait Co., Inc. Map, Communtty Panel No. 485494 0256 C, Nuaces County, Texas, which Witness my hand and teal of the County Court, In and LOCATION MAP N.T.S. beor9 .n effective date of March 18, 1955 end is not in a Special Flood tewape system shall be uppoved by the Corpus Texas, the day and yoor lust written. Hazard Area. Chdstl- Nueeee County Health 0aportment prior to 6.) All property within the boundary of this plat Is subject to a sanitary sewer 6y connection agreement recorded with the plot and executed by the owner and State of Texoe the City of Corpus Chrlstf. (Doc. No. , O.R.N.C.T.) County at Not... Dian. T. Serrano, County Clark 1, Juan A Salazar, o Registered Professional Land Surveyor for Urban Enginaerfng, haw prepared the Nueces County, Texas raregoing map from a survey mode on the ground under my direclion and is true and correct to the at .�_ - -�__ O'dock _J4 beat of my knowledge, Information and bellef; 1 hove boon engaged under can tract ie sal oil Lot and Stott of Tens Bl ack comws as shown herein and to complete such operations with due and — 10rable diligence County of Nuecee consistent with sound profe..T.nal praaliae. Ray E. Rabelais antl Tweso E. Rabelais, hereby continue that they are the ...are of the Deputy This Instrument was acknowledged before me by Dan Murphy, ae Praaldent of Texoe Fuel & lands embraced within the boundaries of Lot 7A as shown on the the foregoing plot; that s �� f AM Put Of We the — day of —,„ _ —_, 20 —_ they have hod Bold lands --yed and eubdldded as show n; that easements oa shown ore dedicated to the public use for the iretallation, operation and use of public utilltles; and that tMe map was made far the purpose of description and dedication. �}.��. M2„]�, a_tAs__ -- Juan J. j W w l=G�fdlL7L 1C[{,/ajQ 1il (,Qi� Taxae {teens. No. 4908 *ones N .4009 ThIB the -- day of _ 20— LO& 7A and 7 B State of Tama 6.525 acres of land " all of Lot 7, and a drav+age Cavnty of Nuecee By By. _ — _ Ray E. Rabolola Terea E. Rabelais a night - oFwa y as shown on doe IapcYded Plot of Heather Ridge This final lot of the herein a tlescr bed property was approved b y the D ortment aF Devdo t ep p menl Estate& a mop of Rdrlah is recorded in trWums 59, Pages Service. o f the City of Corpus Christi. Tang. 161 -1641 Nap Records of Haeces Coanlls Texas. State of Texas County of Nvecao This the — day of -- 20,____ This Instrument was acknowledged before me by Ray E. Rabelais and Teresa E. Rabelais, Jucn Parolee, Jr., P.E. - -- This the -- day of _ � 20_ - Development Services Engineer State of Texas Notary Public In and far the State of Texas County or Nuecee This final plat of the herein described property was approved on behalf of the City of Corpus Christi, Texas by the Clmator of Planning. This the -- day of v. _ —_ —, 20 -- We the --- day o! — — u 20_ —_- Flo G too WO IM LJ&51NLE� F: Aagbet ' z GGb SCPLE: , u 'OD' Notary PWITC In and far the State of Texas JOB NO.; 47651.00.01 hi Gm s Scale SHEET: t of 2 = DRAWN BY: XC Faryyc�a Conde- IAac an — Stott of To-. Aasletant DI—tor of Planning County of Nuaces State of Texas Tema Fuel & Asphalt Ca., Inc., hereby lfle eg oin s that It Is the own r of the land. embraced within the boundaries of Lot 76 as Green an the for t g plot; that It hoe had sold lands County of Nuaces t rvayetl and aubdTNded ae ehawn; that easements as shown are dedicated to the public I, Diana T. Barrem, Clerk of the County Court in antl far sold County, do hereby certify that the ee for Installation, operation and use f pubNc uili lee; and that this map was made- ....... foregoing tnabament -dated the — day of g0 —_ with Its certificate of ur for the purpose of description and dedication. authentication was Ned far record in my office the „— day of 20 — At — State of Texas O'clock —w „ and duly recorded the — day of - - 20__ —, at —_ O'clock __JA., this the —___ day of __ —____, 20_—, County of Nuaces in sold County In Vdume — Page —__ Mop Record.. This final plot approved by the Corpus Chdstl Nuaces By' Tom. Fuel & Aephait Co., Inc. County Health Unit, any private water supply and /or Witness my hand and teal of the County Court, In and for said County, at office In Corpus Chdstl, y tewape system shall be uppoved by the Corpus Texas, the day and yoor lust written. Chdstl- Nueeee County Health 0aportment prior to 6y inetah.ticn. Dan Murphy, President Flied for Record Dian. T. Serrano, County Clark This the _____ day of _ —__ _, 20,..,_. Nueces County, Texas Stott at Texas at .�_ - -�__ O'dock _J4 County of Nuaces -- 20 —___ By. - -- �_ Deputy This Instrument was acknowledged before me by Dan Murphy, ae Praaldent of Texoe Fuel & Asphalt Co., Inc.. We the --- day o! — — u 20_ —_- Flo G too WO IM LJ&51NLE� F: Aagbet ' z GGb SCPLE: , u 'OD' Notary PWITC In and far the State of Texas JOB NO.; 47651.00.01 hi Gm s Scale SHEET: t of 2 = DRAWN BY: XC Ftl. 5/B I.R. to U.E. � �(\ �� -� / / � •see ��' � �♦ / / H j balsa I N Notes: R Lot 7A 1.) TotW platted area contains 6.826 acres of land. \ �� 6.,512 Ares �\ ty 65,87062,1 2) S t 5 8 1 It I d ith d I V t d 'URBAN E GR CC � ! 1 � Z l I Lot t6 ♦ mml No. O.R.H.C.T. L Fd 5/8" I.R. wllh red eId61�G sup stumped ♦ Urban m' C.C. Tx " e / ne ran ro s w re P as c cup s amps d . -♦ at 0 Lat comers, except where noted. � 3,) The receiving waters for $term water runoff is the Nueces River upstream of the Calallen Salt Water Intruslon Dam located 1,1 miles upstream from Nueces Boy. The TCEO has classified the aquatic life use for this segment of the - - -- -- -�� Nuecea River as :high" and TCEQ also categorized the Nuecea River as 'contact recreation" use. Additional water quality protection measures must be observed for this receiving water due to the TCEO designated as a 'public water supply". 4.) Bearings ore based on the recorded plot Heather Ridge Estates, a map of which is recorded in Vo]ume 59, Pages 161 -163, Map Records of Nuecea County, Texas. 5.) By graphic plotting only, this prep is In Zane "C" on Flood Insurance Rote Map, Community Panel No. 485494 0256 C, Nueces County, Texas, which bears an effective date of March 18, 1985 and Is not In a Special Flood Hazard Area. 8,) All property within the boundary at this plat Is subject to a sanitary sewer connectlon agreement recorded with the plot and executed by the owner and the City of Corpus Christ,. (Dec. No, --- _- _ -__ -, O,R.N.C.T,) R- 5255.0 0' T= 282.53' L =518.39' ,s ,0o D Grap hic scale 1' =700' Lot 17A - •r�o , s"ZO`L�� - s ��ti ti afi Lot 7H " "' "� �• { �f Hillside Nelqq RlLNu , ym Partition Melnk �' HIliaWe F�al No. 2 , I W Mcfn� a.774 A— } Vnl. 3p 1-AW 7A and 7B . r I ? 3.31s Acres NV . u Val . 31, Pg. 82 MqP.� n , Rewrda of Nuecea Couin�tyy: 1y1M1' I auk of Reagan Shan J ° I {Owner. Lynn E. Carrell. et Y.I. 54, Pg. tB2, Map Records al Nuacas IO - Racarda of Tema l l ,.T as ' l A, +� Lot 7, Block 1 Mda ro Place Unl 4 W Lai 19 Lot 16 , I' . t.at 18 Vol. Pg. 58, M 5'u.E� , 5 mu.E. _. of NuCounty, Texas la'ILE. G Humble m N00'38'3B"W 798.OD� L __ ___ Pipeline Easement - -J _____ - 2$'11 E. - - -- - - - _ _ _ 79.389 Acres 0Y1 of O Stan 3 Portion of Sham 4 so ... (Vol. 608, Pg. 88, O,R,N.Gr.)/ / 1 1 . 1 McIntyeParu9an rpp� _50 38'38 "E447,88 - (Owne uel It C --- r: ma F k Anphaompany, Inc.) ()j _ _ _ �_ ! ♦ r--- oreaate — Eas meat - - ri-9go'tl � ,� ' I Lot to tat 13 R= 200.09' T- 200.00' \ \�\ / - La3 ', 1 $� Lot 17 / ♦ `- ® 'Nesthee Ridgy. Estates VOL 9.1 P 61 »fB3, qqe. 1 Map Ya 9g .18 \ Y I- I Records of fluem County. Tema 1 90 YLRf2 1 t �nI r Ftl. 5/B I.R. to U.E. � �(\ �� -� / / � •see ��' � �♦ / / H j balsa I N Notes: R Lot 7A 1.) TotW platted area contains 6.826 acres of land. \ �� 6.,512 Ares �\ ty 65,87062,1 2) S t 5 8 1 It I d ith d I V t d 'URBAN E GR CC � ! 1 � Z l I Lot t6 ♦ mml No. O.R.H.C.T. L Fd 5/8" I.R. wllh red eId61�G sup stumped ♦ Urban m' C.C. Tx " e / ne ran ro s w re P as c cup s amps d . -♦ at 0 Lat comers, except where noted. � 3,) The receiving waters for $term water runoff is the Nueces River upstream of the Calallen Salt Water Intruslon Dam located 1,1 miles upstream from Nueces Boy. The TCEO has classified the aquatic life use for this segment of the - - -- -- -�� Nuecea River as :high" and TCEQ also categorized the Nuecea River as 'contact recreation" use. Additional water quality protection measures must be observed for this receiving water due to the TCEO designated as a 'public water supply". 4.) Bearings ore based on the recorded plot Heather Ridge Estates, a map of which is recorded in Vo]ume 59, Pages 161 -163, Map Records of Nuecea County, Texas. 5.) By graphic plotting only, this prep is In Zane "C" on Flood Insurance Rote Map, Community Panel No. 485494 0256 C, Nueces County, Texas, which bears an effective date of March 18, 1985 and Is not In a Special Flood Hazard Area. 8,) All property within the boundary at this plat Is subject to a sanitary sewer connectlon agreement recorded with the plot and executed by the owner and the City of Corpus Christ,. (Dec. No, --- _- _ -__ -, O,R.N.C.T,) R- 5255.0 0' T= 282.53' L =518.39' ,s ,0o D Grap hic scale 1' =700' Lot 17A - •r�o , s"ZO`L�� - s ��ti ti afi Lot 7H " "' "� �• { �f Heath d°+ 1e rP� GG SY. 1-AW 7A and 7B pup °" 3.31s Acres Lek t5 Lot 10 Estate; a mcp of oba is retarded tit Mome 59, Pages I Q 4 I m !/ A .'gg —V6. - a \�� ' 9 /� ° G ♦ / lyd'z Lot 11 .. F7 �_ ! ♦ ♦ z 1 C�g� ,� _ ! / ♦ `- - -- 125.50' o X Ftl. 5/B I.R. to U.E. � �(\ �� -� / / � •see ��' � �♦ / / H j balsa I N Notes: R Lot 7A 1.) TotW platted area contains 6.826 acres of land. \ �� 6.,512 Ares �\ ty 65,87062,1 2) S t 5 8 1 It I d ith d I V t d 'URBAN E GR CC � ! 1 � Z l I Lot t6 ♦ mml No. O.R.H.C.T. L Fd 5/8" I.R. wllh red eId61�G sup stumped ♦ Urban m' C.C. Tx " e / ne ran ro s w re P as c cup s amps d . -♦ at 0 Lat comers, except where noted. � 3,) The receiving waters for $term water runoff is the Nueces River upstream of the Calallen Salt Water Intruslon Dam located 1,1 miles upstream from Nueces Boy. The TCEO has classified the aquatic life use for this segment of the - - -- -- -�� Nuecea River as :high" and TCEQ also categorized the Nuecea River as 'contact recreation" use. Additional water quality protection measures must be observed for this receiving water due to the TCEO designated as a 'public water supply". 4.) Bearings ore based on the recorded plot Heather Ridge Estates, a map of which is recorded in Vo]ume 59, Pages 161 -163, Map Records of Nuecea County, Texas. 5.) By graphic plotting only, this prep is In Zane "C" on Flood Insurance Rote Map, Community Panel No. 485494 0256 C, Nueces County, Texas, which bears an effective date of March 18, 1985 and Is not In a Special Flood Hazard Area. 8,) All property within the boundary at this plat Is subject to a sanitary sewer connectlon agreement recorded with the plot and executed by the owner and the City of Corpus Christ,. (Dec. No, --- _- _ -__ -, O,R.N.C.T,) R- 5255.0 0' T= 282.53' L =518.39' ,s ,0o D Grap hic scale 1' =700' Lot 17A B EARING DISTANCE LlA aI N R ERING AN) DATE: Auquet 29, 2008 SCALE: 7 -too' I JOB N o.: 41551,00.01 r,x, mend L- - ) xes ».w SHEET: 2 of 2 ra mr,rxr r= -wv DRAWN BY: %C s"ZO`L�� - s ��ti ti afi Amending Plat of " "' "� �• { �f Heath d°+ 1e rP� GG SY. 1-AW 7A and 7B pup °" 6.626 acres of fond being a6 of Lot 7 and a o0rrTrfage right- of-way as sham an the rworded plot of Heather Ridge Estate; a mcp of oba is retarded tit Mome 59, Pages 161 -6.6, Map Recads of Nueces ewnty, rem B EARING DISTANCE LlA aI N R ERING AN) DATE: Auquet 29, 2008 SCALE: 7 -too' I JOB N o.: 41551,00.01 r,x, mend L- - ) xes ».w SHEET: 2 of 2 ra mr,rxr r= -wv DRAWN BY: %C CI-1 �F �o�Pvs C,� r bsP3 c�� b V LGt�rV1�NT SE�tiP�C S Z$b b S AP- D ST �aKPV5 �t1�152 t 1 Y, 7 8q - cB STATE OF TEXAS QTY OF N LIECES 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 �wR Diana T. Barrera Mll1ECES {O.lNTY. TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PR€IPERTY because of Race, Color Religion. Sex, Handicap, Familial Status, or Nat ional Ork in is invalid and unenforceable under FEDERAL LAS. ,"sl1CJB9. bogy# 2008045887 #.Pages 5 W/14/2018 3:M Official Records of NIECES Cf#WY DIANA T. BARRERA CUTY CLERK Fees US. N ORIGINAL