The URL can be used to link to this page

Home My WebLink AboutC2010-561 - 3/24/2010 - NAORIGINAL WATER & SANITARY SEWER CONNECTION AGREEMENT Doc* 201001x328 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 7M9-9277, hereinafter called "City" and J o6 L- Mo [ALES _ hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in c4mpliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, lot . - hereinafter called "Development", (Exhibit 1); and, S L o C. K r WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are 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 water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer /Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. To connect to City water or sewer within 12 months of the ft stallation of a waterline or wastewater manhole at the frontage of the property or the installation of a wastewater line extension along the frontage of the property; 2. To pay water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater; and 2010 -561 03/24/10 Morales, Joe L., et al INDEXED r �oufh PIC1idE E4tatES Urwt 2, Lot �� 4 a c lc E "r & WadtewaWConnectiW Agreement Poge 2 City agrees: i. To allow the property to use ors -site oyster wells and wastewater treatment as approved by the City /County Health Department. z. To allow the Developer /Owner to record plat and not require water or wastewater line construction. INDEMNMCATION: DEVELOPERIOWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARM1,ESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( ,, INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAD, 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 1WROVEM ENTS ASSOCIATED WITH THE DEVELOPMENT OF SOUTH PRAIRIE ESTATES UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CA EES OR ANY THE OF S OLE HEM. R CONTRIBUTORY NEGLIGENCE OF THE IND ENW This agreements and covenants set forth herein are covets running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be minding 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. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. 4�:uih Prairie Estates Unit 2, Lot -3,51 e c k 1 - gVater & Wastewater Connection Agreement a Page 3 J EXECUTED IN DUPLICATE originals, thi m ay of 2049. I OWNER: JoE L. tA*1ZALQ. S i STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on I�. ' 2009, A MONICA NICOLE LAR r / •* Gel i t ... /} notary Public, State of Texas My Commission Expires �i + r July 04, 2013 Notary Public, State df Texas CITY OF CORPUS CHRISTI Juan Perales4.E. Interim Assistant City Manager/Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before the on 209, Juan Perales, P.E., Interim Assistant City Manager/Development Services Engineer, for the City of Corpus Christi, Texas. �„ GU!l1J:RMx .. Matrh 9, 2013 4� 0 - Notary Public, State of Texas ' GUILLERMO M. MEDINA i my COMMISSION EXPIRES By. N ` [Nardi 9, 2013 R. J Reining First Assistan icy Attorney For City Att rney WATER & 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 Corpora 'on, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot s hereinafter called "Development ", (Exhibit 1); and, 8L°cK 2 WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are 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 water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer /Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. To connect to City water or sewer within 12 months of the installation of a waterline or wastewater manhole at the frontage of the property or the installation of a wastewater line extension along the frontage of the property; 2. To pay water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater; and Scufh Pfairte Estates Unit 2, Lot -- 8 16.4 -k 2 Water & Wasfswafer Cannecffon Agreement Page 2 City agrees. 1, To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HAIMILESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEM NITEES ") 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 SOUTH PRAIRIE ESTATES UNIT 2, 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 Offcc of the Nueces County Cleric 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 berieficiaries from and after the date of execution. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. South Prairie Estates unit 2, lot —S ie-r-4c Z Water & Wcstewoter Connection Agreement Page 3 EXECUTED IN DUPLICATE originals, this day of � OWNER: a A. STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowled ed before me on „ . SANDRA L. DELEO MY COMMI55IOI4 EXPIRES �= D�mbert1,2 CITY OF CORPUS CHRISTI `' Juan Perales, Jr., P Interim Assistant C STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Interim Assistant City. ManagerfDevelopment Christi, Texas. �'k?P GUMURW M. MEDINA MY COMMISSION EXPIRES x Mard19,'MIS - %V 0 =� ,-2909,-4uan Perales, P. E., ervices Engineer, for the City of Corpus 4 Notary Public, State of Texas By: R. Jay ei mg Firs Assistant City tit orney For City Attorney Manager /Development Services Engineer WATER & SCARY Sli wER CONNECT[Ot4 AGREEMENT STATE OF TEXAS I COUNT I(OF N ECES I THl'S AGREEMENT is entered into bemm: the City of Cow Christi, it Texas Home -Rule Mm" . 9 , Co G' T+ 7'8�59�9Z77, laereinloa called "City" aBd S�`- d `�e1/e/�IFl7er WHEN Developearlowneer III COM1fiame with tie OWS Pl tdq Ordimrc� has submitted the pplut f;ar South Prairie EMON Unit Z Lot ,� � eacd "Developmew ", (Eacalai W 1 ), and, B lack 2 WHEREAS, water and wastewater con on plug and coxtmwtion are a require uc t of the plat, aid WHEREAS, tie Dmlgxbft SW fteam has detamme d that wow and sanitary wwar an not r+us nably available or of sufficient city, and WHEREAS, City agrm tau. allow DcvelopersKrvrrer to ward the plat of dice Developmwt Property without initial coon of waaatear or wastewater WMWB ad collection lines, and NOW TWREF M for the cocoa set forth Wreinafter, the City and Developxr agree as follows: Develqxf/OWnW 4P= for heel &its successors, traapsfe reel, ad assi gates, as follows: 1. To comet to City wow or sewer within 12 raxaft of to install of a waudive of wastewater maWmlc at the bmtege of du property or elm Walletion of a wasttwaftr litre extension alb tba fronup of the property; To pay water OF wastewater =up fm at the ate in effm at the dMe of connection if watcar or wastew*ter services am evailat►!c within f fim (15) yew ;tom the rending date of the plot, 3. To not subdivide the develop t; and 4. To pay pro- rata and tap fees at the time of coaneWon to City vWa or wastewater, and s6uh PIk.w Unk 2, Lot WOW A W00WQu C4An9G966 AQreerrW# City %nes: 1. To allow the property to use on -site water weds aw wastrNew tatment a� approved by the City /CowRty HCWth Deparwmr. 2. To allow the Devetoper/Uwncr to record plat and W require water or wastawaor tine construction ]INDEMNIFICATION.- DLVELOPERIOWNXR, COVENANTS TO FULLY TNDEMNIIPT, SAVE AND HOLD THE CITY OF CORPUS CHRISM 17S OF KERB, EMPLOYEE, „ AND AGENTS, ("DNDEMNITNFS") AGABIST ANY AND ALL UABMITY; DAMAM LOS, CLAII4[S DEMANDS AND ,A►C nONS OF ANY RATURE WHATSOEVER ON ACCOUNT OF PERSONAL INAU M (DiCLVDING WITHOUT L MITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMSj, OR PROPERTY LOSS OR DAMAGE OF ANY KIND WRATSOEVER, WHICH ARIS OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAMMD TO ARISE OUT OF OR U IN ANY MAMM CONNECTED WITH THE CONMUMON, lElrfSl'AL ATWN, E,V[SETWCL, OPERATION, USK MA UfMAt►tC''E, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC WROVEMEIMTB A&SOCL&M WITH THE DEVELOP'mum OF som PRAIIn ESTATES umiT 2, i N'CLuawc THE INJURY, LOSS OR DAMAGE CAUSED BY THE MOLE OR CONTRIRUT'QRY NEGLIGENCE OF THS IlVD9MPffTEE3 OR ANY OF TREK Trb i ts and wvennaft set Rdh h am wvmmb nw=g wfth tlm land, to be filed in the Office of the Nueces C w1t;y ae& Office. and " be bkdiq on Devcloper/Ownw, its soxamm and mip4 and Shea inure to the bow& of dw parties hew end dt* we heh3 %*xswm and asses end to tt+d psrty beaeficiades carom and after the 4M of execution Ag wm= rood terms of the spomnew s apke., be completed, upon won to City water and -watawatw and pmt of appro Mge fees. 40hftW Eooj s1" 3, toe _ 4, S t. c- k 2 Aaw &3Ak Vwole+ CaweMn AgMemar+i Pogo 3 EXECUTED IN DUPLICATE originals, thls OWNER: ............ STATE OF TEXAS § COUNTY OF NUECES ' § This instrumeutt was acknowledged before me on -24 w - �+ 2003, ,'0` ►RTP�B'; MONICA NICOLE LARA :Notary Public, State of Texas 3 gr My Commission Expires July 09, 2013 Notary l � State or Texas CITY OF CORPUS CHRIST[ Juan Perales, Jr., P/E. Interim Assistant City M ger/De:valopment Services Engineer STATE OF TEXAS COUNTY OF N ECES § This instrument was acknowledged be<Pore me on "'r Juan Perales, P.E., interim Assista avice s Engi er, for the City or Corpus ChriBti, Texas. GLUE MQM.MEDINA ' MY COMMISSION Eftl�IRES Notary Public, State. of Texas By: R. Ja ei ng First Assistant City ttorne;y For City Attornesy �J CURVE OMA Aw (D 3. 49a -4 d Tmt 125 q 10-104 A�L Lk 5-W 7 �W DITCH A-A, __RROSS-$tCTj04 rt Muth= ZOUTI( P� RAIRJE LtANE. Am .—w Sur n04 CROS E 2W40W- T Ea 824 3w . j4hn & U64 Mll"eicek: ZZ Tw, lM336 AQ, RG. 306 I LIMITS flfi Trat#20 ' A q _. _7 TOO #39 a_ 10-024 A.Q AR g MtHl, A 21 Ms r, _ 42 1 L.E. ma#1 U.F �& ` - 2i �, w�S R � s ��.a � a �Q �k va�f. be � � _. � � \. I. �. \. v T.a *r? HA J�e1K.A—asSr, I L11777; tr bll Nx_mv.. X4 G_ '_._.- CORM OF 543B AOtE W. W O I i S.83° Q9' 4k W 21i, Pfamillmqry Rat of EdWrri C Z�C�k,jf, South, Prairie lEsultes Unit 2 Ron MNFdlrYirJ F"r"' JVL 1 ORIGINAL' Doc# 2010010328 # Pages_ 11 03/25/2010 12.06Ph1 Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $55.00 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file nuaber 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 NUECES COUNTY, TEXAS Any Provision herein which restricts the Sale, F entaI or use of the described REAL PROPERTY because of Race, Coley Religion, Sex, Handicap, Familial Status, or Nat ianal origin is invalid and unenforceable under FEDERAL LAW, 3/12/99. City Corpus Christi pevcto lapinen4 Sr,rvic2sJ Special Services 2406 Leopsrd, Suite 106 Corpus Christi, TX 7840a