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HomeMy WebLinkAboutC2009-599 - 1/8/2009 - NAS ORIGINAL SANITARY SEWER CONNECTION A Doc# 2009000916 GREEMENT 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 Bernard M. Seger and Kimberley Hall Seger of 205 Chandler Lane, Corpus Christi, Texas 78404, hereinafter called "Developers /Owners ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for Seger Horse Barns, Block 1, Lot 1, 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; 2009 -599 01/08/09 0 Seger, Bernard M. and Kimberley Sanitary Sewer Connection Agreement Seger Horse Barns, Block 1 Lot 1 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 SEGER HORSE BARNS, BLOCK 1, LOT 1, 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 ZZ day of "-D RSex , 2008. DEVELOPERS /OWNERS: Bernard M. Seger 205 Chandler Lane Corpus Christi, Texas 78404 Bernard M. Seger STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Z " 2008, by Bernard M. Seger. „ * Y Pgo�•,, XAVIER GALVAN Notary Public, State of Texas Ot b11C State o Texas :4 My Commission Expires F � a bruary 01, 2009 Sanitary Sewer Connection Agreement Seger Horse Barns Block 1 Lot 1 Page 3 Kimberley Hall Seger 205 Chandler Lane Co us Christi, Texas 78404 wea < �e Kimberley HaIkSeger STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on St kvAjcr 2008, by Kimberley Hall Seger. . -vw uav�w ' XAVIER GALVAN h �C �r Notary Public, State of Texas My Commission_ Expires Febr Ol. 2009 - � 4Notaryblic tate of Te s APPROVED: day of 200/ By: Juan Perales; P.E., Development Services Engineer � i ;a. Reinin t Assist City Attorney STATE OF TEXAS COUWY MJECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stabpped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Rarrera NUECES'. MUNTY, TEXAS Any provision herein which restricts the Sale, R en a or use of the described REAL. PRCPERTY.because of Race, Colflr� , Religgion, Sex, Handicap, Familial Status, or Nat ional Omin is invalid and unenforceable under FEDERRL LAW. Doc# 21309000916 # Pages # 01/09/2009 2:MM Official Records of NLECES MTY DIANA T. BARRERR,- CMWTY CLERK Fees t27.00 ORIGIN C/ , City of Corpus Christi V Development Services/ Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408