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HomeMy WebLinkAboutC2016-432 - 8/10/2016 - NA _4'= 201 603795 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 Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Daisy M. Vasquez, 4024 Violet Road TRLR 27, Corpus Christi, Teaxs 78410-3137 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat Nueces Gardens No. 2, lots 49A & 49B, 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 Developer agree as follows: Developer/Owner 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 property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. 2016-432 8/10/16 Daisy M. Vasquez INDEXED Sanitary Sewer Connection Agreement Nueces Garden No.2, Lot 49A Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, 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 THE GRAND RESERVE 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 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. Sanitary Sewer Connection Agreement Nueces Garden No.2, Lot 49A Page 3 I EXECUTED original, this 1 day of j,.,/ -f-- , 2016. DEVELOPER/OWNER: J Daisy M. V uez rg."1-2 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this / 7 , day of (,� hC , 2016, by LAe JOLENE E POTTER 7^I My Common x17 ltipires e F dieJo July 24,issi20N• ary Public, State of Texas '♦*4 A�naK Val APPROVED: CC,A-eC14- This ' O Adayof , 2016 By: n /V&,t, Daniel McGinn, AICP CFM., Interim Director Development Services Director APPROVED as to1 form: , By: Julian rant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Nueces Garden No.2, Lot 49A Page 4 - 1 oJ3 f nl F3 }6„it !s tt g_ . z` l o ri - a $E r 4�2x �1 �tL' 8t Ey <f iS s para ..ads �_ z r $4 1; .3 ' - E =g il 4 °y ' _4 i aye- n ° , 1301 -' .3TC. K. <° C R x 32 C S iY C wrt yO` 2 15 ry.Y_ Q YW 1 '. J tt g w tE . J .t4 32 .1OE ::_ tr%: x - - bR y ° 9 o ¢ ! Im�^ I p ct= - _ ? s s34 i ¢x a g_ F 2 = OYON 7ZIM'LS r _ ,y>m1 Ai1�a1.r.S - 17 aF1 ,,i 'mss Jnr- G .4 m44.1'6.44, •f;T ei�'''I C %F.:1' 3X,i,sm = 5fF OAw x 3.,,� c_ = 3 a LLI 0.cI G -Fii 'x &_�iY a fx F W <.t Li., a g Q w a3. YL= * aigc = y .. - .. - -t f_.t,2 7 J f= t;� At bpi s, z t3 �g_a .wlii l.rrs - Sc s i E 57 v i _ ! '..--- z z Ys z{*i 3 E z ° ` 0 t±_ ;=e _ t e ° E 3. Ff': Ftq� = F ;t Ez "� q.:x ' y% a g 0 �a . F` = ti c AEA : 0 °I i _ 3'y E 6 32 T.75 4, v _ �, _ _ii L_0 i3 Ji=nn ;, :1;; 3 C y = �4..� ill. —i\m — sa' ll ."„ry �.> 43 ,,r. Wan L�nan 1 4641 EXHIBIT 1 /141,, ' Q ~r ^ (� zc, / / /� L�auai *p nnww�� �mr*ic�� � � � 3 ���» ���*p�rm � (OrrisM �,' l -�r 7g�v 8 V / Doct 201 6033795 t Pages 5 08/12/2016 9:29AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $31.00 Ani nrovisiun herein which restricts the Sule? Rental or use of the described REAL PROPERTY because of Race, Color, Religion? Sex, Hondicon, Familial Status? or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/99. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the dote and at the time stumned herein by mc, and was duly RECORDED in the Official Public Records of Nueces Coonty, Texas KARA SANDS - / -1