HomeMy WebLinkAboutC2010-152 - 5/11/2010 - ApprovedSanitary Sewer Connection Agreement
William Robertson Farm Tracts
Page l of 4
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SANITARY SEWER CaNNECT~~Ib~~EEMENT
Iig1 i~ q:1GA~i
~#'#'icinl Records of
STATE nF TEXAS ~ HLk~GES CdifHTY
~IAHA T. BARRERA
CaL~~VTY CLERf4
COUNTY aF NUECES § Fees f3f .4i1
THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas
Home-Rule Municipal Corporation, P.Q. Bax 9277, Corpus Christi, Texas 78489-9277,
hereinafter called "City" and Richard and Beatrice Hinojosa, 4121 Agnes Street, Corpus
Christi, Texas 78405, hereinafter called "DeveloperlQwner".
WHEREAS, DeveloperlQwner incompliance with the City's Platting Ordinance, has
submitted the plat far William Robertson Farm Tracts, Lot 27A, hereinafter called
"Development", {Exhibit 1 ~; and,
WHEREAS, wastewater construction plans and construction are normally a
requirement of the plat, and
WHEREAS, the ^evelopment Services' Engineer has determined that sanitary
sewer service is not reasonably available within reasonable proximity to the site;
WHEREAS, wastewater construction is not economically feasible due to the
unavailability of existing wastewater facilities within reasonable proximity to the site;
WHEREAS, wastewater construction plans and construction would impose an
undue financial hardship on both the ^evelopers or Owners, or on either of them; and
WHEREAS, City agrees to allow Developers and Owners to record the plat of the
Development Property without initial construction of wastewater collection lines;
NOW THEREFORE, for the consideration set forth hereinafter, the City and
DevelaperlQwner agree as follows:
1. The owner of each individual lot agrees far itself, its successors, transferees, and
assigns, as follows:
a. To connect to City sewerwithin 12 months of the installation of a wastewater
manhole at the frontage of the property or the installation of a collection line
along the frontage of the property;
b. To pay applicable wastewater pro-rata and tap fees, fees for which there is
no legal exemption, at the rate in effect at the time of connection tv City
wastewater;
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Sanitary Sewer Connection Agreement
William Robertson Farm Tracts
Page 2 of 4
c. To subdivide the Development no further than what is shown on the Plat of
William Robertson Farm Tracts, I_ot ~7A, attached as Exhibit 1. The further
subdivision of the Development voids this agreement.
2. City agrees:
a. To allow the property to use wastewater treatment as approved by the
CitylCounty Health Department.
b. Ta allow the Owner to record the plat and not require wastewater line
construction.
3. INDEMNIFICATION: DEVELOPERIOWNER, GOVENANTS To FULLY
INDEMNIFY, SA VE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS
OFFICERS, EMPLOYEES, ANDAGENTS, ("INDEMNITEES') AGAINSTANYAND
ALL LIABILITY, DAMAGE, LASS, CLAIMS, DEMANDS SUITS AND CAUSES OF
ACTION DF ANY NATURE WHATSOEVER ASSERTED AGAINST OR
RECOVERED FRAM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON
INCLUDING, WITHOUT LIMITATION DN THE FOREGOING, WORKERS
COMPENSA TION A ND DEA TH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF
ANY OTHER KIND WHATSOEVER, TO THE EXTENTANY INJURY, DAMAGE, OR
LOSS MAY 6E INCIDENT TD, ARISE OUT OF, BE CAUSED BY, OR BE !N ANY
WAY CONNECTED WITH, EITHER PROXlMA TELY OR REMOTELY, WHOLL Y OR
IN PART, THE DEVELDPERIDWNER'S FAILURE TO COMPLY WITH ITS
OBLIGATIONS UNDER THIS A GREEMENT OR TO PRO VIDE CITY WASTEWA TER
SERVICE TD THE WILLIAM ROBERTSON FARM TRACTS, LOT 27A,1NCLUDlNG
INJURY, LD55, OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY
NEGLIGENCE OF THE 1NDEMNITEES OR ANY DF THEM, REGARDLESS OF
WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS,
ACT, OR OMISSION IS CAUSED OR IS CLAIMED TD 8E GA USED B Y THE
CQNTRIBUTING DR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY
OF THEM, BUTNOTIF CAUSED BY THE 50LE NEGLIGENCE OF 1NDEMNITEES,
OR ANY OF THEM, UNMIXED WITH THE FA UL T OF A N Y D THER PERSON OR
ENTITY, AND INCLUDING ALL EXPENSES OF LITIGA TION, COURT COSTS, AND
ATTORNEYS FEES, WHICH ARISE, DR A RE CLAIMED TD A RISE, OUT OF OR IN
CONNECTION WITH THE A55ERTED DR RECOVERED INCIDENT.
4. The agreement and covenant herein are covenants running with the land, and
must be filed in the Office of the Nueces County Clerk Office, and shall be binding vn
DeveloperlOwner, 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.
5. Agreement and terms of this agreement will terminate upon connection to
City wastewater and payment of appropriate fees.
Sanitary Sewer Connection Agreement
William Robertson Farm Tracts
Page 3 ofd
City wastewater and payment of appropriate fees.
~~
EXECUTED IN D1IPLICATE originals, #his ,~ day of , Zfl1~.
DEVELOPERIOWNER:
Richard and Beatrice Hinojosa
4 ~ 2 ~ Agnes Street
Corpus Christi, TX 78405
Richard Hinjosa
Owner
STATE OF TEXAS §
COUNTY OF NUECES §
a~i~t..e.~ '
~~
Beatrice Hinojosa
Owner
This instrument was aciCnowledged before me on ~2 2x10, Richard and
Beatrice Hinojosa, Owners.
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APPROVED: ~ 010
1~U~~ ~~
By. ~
Juan Perales, Jr., P.E.,
Development Services Engineer
APPROVED: S , 2010
By: ~~
^eborah W. Brown
Assistant City Attorney
Fvr the City Attorney
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SECR~TRRY ~y ,
Sanitary Sewer Connection Agreement
William Robertson Farm Tracts
Aage 4 of4
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EXHIBIT 1