HomeMy WebLinkAboutC2008-572 - 10/14/2008 - NA�
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SANITARY SEWER CONNECTION AGREEMENT
RECORDERS MHtORANDDM
STATE OF TEXAS § FORS SIGNATURE I
NOT NOTARIZED
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 AEP Texas Central Company, a Texas corporation, whose
address is P. O .Box 2121, Corpus Christi, Texas 78403 hereinafter called "AEP."
WHEREAS, AEP in compliance with the City's Platting Ordinance, has submitted
the plat for Lon C. Hill Subdivision Unit 1, Lot 1, hereinafter called "Development
Property," (Exhibit 1); and,
WHEREAS, wastewater construction plans and construction are a requirement of the
plat; and
WHEREAS, the Development Services Engineer has determined that sanitary sewer
is not reasonably available or of sufficient capacity; and
WHEREAS, City agrees to allow AEP 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 AEP agree as
follows:
AEP agrees 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 Development Property or a wastewater line extends along the frontage
of the Development Property;
2. to reevaluate the terms of this agreement every ten (10) years;
3. to pay the 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 from the date of this agreement.
City agrees:
I . to allow Development Property to access and use an on -site wastewater treatment;
2. to allow Development Property to ° record plat and not require wastewater line
construction;
2008 -572
10/14/08
'008 10:44 AM
AEP Texas Central Company EX®
INDEMNIFICATION:
AEP 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 NEGLIGENT ACTS OR OMISSIONS OF
AEP, ITS EMPLOYEES, AGENTS CONTRACTORS, OR INVITEES IN CONNECTION
WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE,
MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC
IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE LON C. HILL
SUBDIVISION UNIT 1, LOT 1, EXCEPT TO THE EXTENT THAT ANY OF THE
FOREGOING DAMAGES, CLAIMS OR CAUSES OF ACTION ARE SOLELY CAUSED
BY THE CITY'S INTENTIONAL ACTS, NEGLIGENCE, OR BREACH OF THIS
AGREEMENT.
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
Developer /Owner, 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 / 3 rl4 day of October, 2008.
[Signatures on the following pages]
Doc #k377773.0 Date: 1019312008 10:44 AM
AEP:
AEP TEXAS CENTRAL COMPANY
By:
Roy 4Ser
Manager, Real Estate Asset Management,
American Electric Power Service Corporation,
Authorized Signer
STATE OF OHIO §
COUNTY OF FRANKLIN §
This instrument was acknowledged before me this day of
2008, by Roy A. Strawser, Manager, Real Estate Asset Management, American Electric
Power Service Corporation, as Authorized Signer for AEP Texas Central Company, a Texas
corporation, on behalf of the corporation.
No P lic, State of 61 o
r � f y s
Usa hnka
=* - PdAe, we of Ohio
My Commission EON 07 -19 -2012
Doc #377773. v1 Date: 1011312008 10:44 AM
APPROVED:
This �`� �y of October, 2008
By: AL
Juan Per s, P.E.,
Development Services Engineer
RECORDERS MEMORANDUM
GRANTORS SIGNATURE IS
NOT NOTARIZED
By: /�'
R.-J'a"y l Aning
First Assistant City Attorney
For City Attorney
Roc 91377773. Date: 1011312008 90:44 AM
LON C. HILL SUBDIVISION UNIT 1
LOT 1
CITY OF CORPUS CHRISTI
NUECES COUNTY, TEXAS
BEING A FINAL PLAT OF A 2.241 ACRE TRACT OF LAND LYING IN NUECES COUNTY, TEXAS, SAME BEING A PORTION OF THE LON
C. HILL SUNDIVISION UNIT 1 AS RECORDED IN VOLUME 34, PAGE 703, MAP RECORDS OF NUECES COUNTY, TEXAS AND A PORTION
OF A 37.65 ACRE TRACT OF LAND AS DESCRIBED IN VOLUME 577, PAGE 346. DEED RECORDS OF NUECES COUNTY. TEXAS.
STATE OF —
X
Nu FCES COUNO' X
I, JOHN 1. LAN
KUBALA, A REGISIERED PROFESSIONAL "D SURVEYOR FOR CB'/..—
SEAV•CES. HAVE PREPARED THE FOREGOING MAP FROM A
SURVEY MACE ON THE CROLINO
UNDER MY DI RECKON AND IS TRUE AND CORRECT TO THE
INFORMATION AND BELIEF; I HAVE BEEN ENCAGED 01
BEST OF MY KNOWLEDGE,
CONTRACT 10 SET ALL LOT MID
BLOCK CORNERS AS SHOWN HEREON AND TO COMPLETE
SUCH OPERATIONS.WITH DUE AND
REASONABLE DILIGENCE CGNSISDENT WIN SOUND PROFESSIONAL PRACTICE,
THIS THE DAY OF AD. 2005
CHAIRMAN
ELF
BEFORE ME, THE UNDEMORE0 AUTHORITY ON THIS MY PERSONALLY
...:.....................
AMI T. KUBNA
N T. KUBALA
N0. Q -STATE OF TEXAS
'
NEGISTER TEflm PROFESSIONAL LAND SURVEYOR$I,
STATE OF TEXAS K
X
NUECES COUNTY %
THIS FINAL PUT OF THE HEREIN DESCRIBED PROPERTY APPROVED BY THE CORPUS CHRLSII-NUECES COUNTY HEALTH
DEPARTMENT.
THIS THE _ MY DF A.O. ]008, ANY PRIVATE WATER SUPPLY ANO /OR SEWACE $YSUEM SHALL
BE APPROVED BY THE CORPUS CHRISTI�NUECES COUNTY HEALTH DEPARTMENT PRIOR TO INSICLATON.
LOCAT[ON MAP
NOT TO SCALE
STATE OF TEXAS R
NUECES COUNTY K
WE. AEP — CENTRAL COMPANY, HE Y cERTIPY TmT vNF ARE THE OWNERS OF
THE LANDS ENERACED WITHIN THE BOUNDARIES OF THE FOREGOING FINAL PLAT. AND
THAT WE HAVE HAD SAID LAID SURVEYED AND PLAIDED AS SHOWN HEREON, AND WE
BD ACCEPT AND APPROVE SAID FINAL FLAT FOR ALL PURPOSES AND CONSIDERATIDNS.
THIS THE _DAY OF A.D. 2008
A TEXAS CENTRAL =;PANT
ORNER All THCRII AGENT PRINTED NAME k TRE,
uMC n� E NCINEER
STATE OF 1EXAS X
X
NMECFS COON' %
THIS IF— PLAT CF ME HEREIN DESCRIBED PROPERTY APPROVED BY THE DEARTMENT CT DEVELOPMENT SEIMCES OF
THE CITY OF CORPUS CHRIBH, TEXA5.
THIS THE _____ oh OF A.D. 2005
I AN L J..
DEVELOPMENT SERVICES ENGINEER
STALE OF TEXAS X
X
NUECES COUNTY X
THIS FINAL PI OF ME HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI,
TEXAS BY THE PLANNING COMMISSION.
CLERK COUNTY COURT
NUECES COUNTY. TEXAS
" 'L7 /bA HERIrY 1 +Es
T gin 00 P g $° Surveying
SEPTEMBER 18. 2005 PROJECT NO 108D14
F § NA Ll FLAT
SHEET I OF 2
THIS THE GAY OF , A.D. 1009
STATE a DE%AS
X
Nu[cES c0uxtt X
RHOY GM1A
E-MACON
CHAIRMAN
SECRETARY
BEFORE ME, THE UNDEMORE0 AUTHORITY ON THIS MY PERSONALLY
APPEARED
KNOWN FO NE TO BE THE PERSON WHOSE NAME IS SURSCRIRED TO
ME FOREGOING INSTRUMENT, AND ACKNOWLECGED TO ME THAT
HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED.
STATE OF TEXAS
COUNTY OF NUECES
GIVEN UNDER MY HMO AND SEAL OF OFFICE TM5 WY OF
A 0. x000_
CLERK OF ME COUNTY COURT IN
FOREGOING INSTRUMENT CATER THE DAY OF
AND FOR SAID COUNTY, DD HEREBY CERTIFY THAT THE
2 WITH ITS CERTIFICATE OF wTHEWICARON WAS
FILED FOR RECORD IN MY OFFICE THE _MY OF
, 20 AT O'CLOCK _M., AND BALLY
RECORDED ME _ DAY OF 2 O_, AT
PAGE RECORDS.
.MAP
O'CEOCk N., IN SAO COUNTY IN VOLUME
NOTARY FU5u 5 7 OF TEXAS
PRIETHEIS NAME.
WITNESS NY HAND AND SEAL NF THE COUNTY COURT. IN AND
FOR SAID COUNTY, AT OFFICE IN CORPUS CHRISTI.
Ny C.—i Alon E,'l—
TEXAS, THE BAY AND YEAR LAST WRITTEN.
N0.
FILED FOR RECORD
COUNTY CLERK
NUECES
AT O'CLOCK
COUNTY, TEXAS
10_ BY,
CLERK COUNTY COURT
NUECES COUNTY. TEXAS
" 'L7 /bA HERIrY 1 +Es
T gin 00 P g $° Surveying
SEPTEMBER 18. 2005 PROJECT NO 108D14
F § NA Ll FLAT
SHEET I OF 2
I
PROJECT
• i. ._.
I Estates LOCATION
1
-
I LOCATION MAp
NOT TO SCALE
Ii EP1sx , . �
LEGEND
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uei P
V0.VMEOw
EN0rE5 ROO
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+
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CO STANPEO - cps /uuERr- SA,'%,"
IluNasv�w uvc x01u:¢,v Ivnsy
• - DENOTES 1/2' IRON ROC FOIINC WITH
_
I
PtaSnG CFP STAMPED'COS/MUERY-S4, 1l('
- _
_
iv ❑ - DEMOTES FWNC 4.4 CCNC. NON.
_ _
R - DENOTES PROPERTY LINE
`L - DENOTES CENTER LINE
I
z G RA .W.- fi oMS RICH' OF WAY UNE
I S PGB - DENOTES POINT 9F BEGINNING
j
---------
m - DENOTES 15' NRLTITY & ENFNT
='O
LON C. NILL, LP
as - DENOTES 25' YARD REQUIREMENT
49.562 ACRE "EXHIBIT A -t'
F
I
DOCOVENT y2004032949
OFFICIAL PUBLIC RECORDS
m ' Q
OF NUECES CO NTY, TE%0.5
NOTES:
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a[aLCe tace tecna e r
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of 1eeJ ns Itlen[l[l
C.:,IJLLUr.i Ll Pe,el Au. 48-1 osa0 c {c.LS u[ Cu =P•+a
cnriati, rE <xl, be¢rl rag a erlseb tla[e c£ .u1y 19.
N54'00'00'iW
"W
270.54
LON C. HILL SUHO[YIS[ON ❑NLT I
��
1945. Tbis s[acert nc ao.a noc r•
[NeL a ?1uvJ Plaio SLaJi v: Au.lyeie Pe.fuP�aJ
� ray coalN.ar
�N54*00 0 135.90
VOLllHE 34, PAGE 103
I
14.
� S36'00'00"W
1
MAP RECORDS
I OF NU COUNTY, TEXAS
m
5. x Onaxin Bale ru: s [Li x
^' rh e — lhi ata sy�ie 1. 1 sr. a.
yF xe6 3 scet Plus c
+V
1 1.00 '
j
,
Q I. All Yro er L wl LNln Lhe boundary of this plat Ix
a
O
9 v
k
reber l et by [he o.rzr ant
{x Lhe Cl[y of COrgue Lnra ^ti, lOx.l I,
�
u�
WNPar
CAIm4 Porc lMxli
vowx[ i taIX Sfi
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4x4
MDN.
LONL.
1
LON C.
HILL
SUBDIVISION UNIT 1
I
LOT
1
1. :E��MIJSIZY 1. g
enginee rin [f Sua9ing
TV
so'
sa' o ao
A
,.,, .,...�.g .e., ...s ., >a, -,,,,
SCALE IN FEET
DATE: SEPTEMBER
18, 2005 PROJECT NO. 108014
0a",
SHEET 2 OF 2
�z-C� o� �2PUs CL- �2isTI
C��us
9
STATE OF TEXAS
COMTY OF NIECES
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
Diana T. Barrera
NIECES ED", TEXAS
Any �e�avision herein which restricts the Sale, R
ental or use
of the described REAL. PROPERTY because of Race,
Colon
Religqion, Sex,. Handicap, Familial Status, or Nat
ional Origin
is invalid and unenforceable under FEDERAL LAW,
3/12/89.
Due# P-008045982
# Pages 7
10/1€/ 3:
Official Records of—
NIECES CO1MTY
MOM T U891=8
CUUM CLERK
Fees 439. ORIGINAL
E