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Home My WebLink AboutC2017-621 - 5/9/2017 - Approved 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 Weston and Katy Beseda, 2033 Sentinel, Corpus Christi, Texas 78418 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Don Patricio, Block G, Lot 1R, 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. C2017-621 5/09/17 Ord. 031134 Weston and Katy Beseda SCANNED Sanitary Sewer Connection Agreement Don Patricio, Block G, Lot 1R 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 Don Patricio, Block G, Lot 1R Page 3 EXECUTED original, this ai-rtit, day of TALL Ctn , 2017. DEVELOPER/0 ER: ,. Exiaii...., ,k ift1 _ t - ton 1:eseda artel Katy Beseda , Owner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this a Li , day of Rafal , 2017, by\P,Z b eSe'C1 Ct_ (lfla K-- p)-eido 44L, `"O° AMANDA L. SHARP ��J�"1"� I. ? o:Notary Public,State of Texas . �� Comm.Expires 11-18-2019 o a ublic, State of Texas ",',`,,,o, Notary ID 128511332 I APPROVED: T1•t This I 1 day of M A/ , 2017 B • s:7 ulio Dimas, CFM, Interim Director Q(çj. O3j!.. Development Services "" '"` "` 0 MUNCH. CS i THE STATE OF TEXAS § 4/ § SECRET r COUNTY OF NUECES § This instrument was acknowledged before me on / 7 , 2017, by (SG( iii) D1 1n6 .c , Interim Director o Development Services for the City of Corpus Christi, Texas. -74,, /6 , e, 7L,i'. 7 KENS 0 SAPEssion15ER Notary Public, State of exas „ I My October Commission Expires ,2017E .P4 ri OF 10P6' Sanitary Sewer Connection Agreement Don Patricio, Block G, Lot 1R Page 4 APPROVED as to form: ATTESTED as to form: By: By: 1Re_1..„„e.,,,, 1-7-k.,111._ Buck Brice Rebecca Huerta Assistant City Attorney City Secretary For City Attorney sk Sanitary Sewer Connection Agreement Don Patricio, Block G, Lot 1R Page 5 DON PATRICK) . - •• w — I :::::: �•¢M� �-� . , r. SITE (sem a.9.....n,.n..,,e e«..s.r. hi JUL 2 7 U le'` d( \ .a «COOP.mown.,.e.mw,a.Rw�s cr. PLANNING COMA1ISS1ON '•«'a—pa°' -� //��7--y a�, 4;{....„.. � y MS..au.a..st manr.e....m,-N.w........'--- N .6 S. Castle / s• T .s.C........:�rwe»MORN.5e«mneu. �..,.K«n.c.n PafN ` Q- uuc•c.e.r.� mr 14.1117 ,A- oc.,,.eee.ge.n waw®.r ne /y 1O- No nas rw 0, or nu now. `aro. emm' w ismer16.......4710...moeaw.aa a-:ew t d/p �s ' £j.,. ,i5-,614,:o- a.Nom« VICINITY MAP (NTS) .c.,.ro„n...,e.. , .o,. w ,., .�.o'a,".�«:"` .w.e.r.....a.r,.cw.,.s..r...e.CPI..Yan-Aw-.ra..e.w, ,.«:...w«..enr,...aree..or.m.c ._...,x.,.eacerr.na.o,w..c-.,,o, ...cawe.eoow.. tem,rcu. C. icutlece.. a:`:M .e..w a __aro . c :ec .N.. «.`. .,,Nr ,. K.e.Co.to N Yauko..40.0 MA%Er. ...le..V„fO.M9+Q99, ®..TAM.l1..reOA. n..,recr..n....,rA..ne.N sun a..M occar,co MAO, LC.;1.. a.aae.'xR*.9 NMw.x rw�n(0."''ui xcVI. q.i Z.' 1.,,,E,1.4.V ,Tea 1.,rr.M«...n..P,a moons>'eW,t,wo *a te' ..._ " DON PATP.R.1O ROAD — — 1 } , ISa ao.a'.; R.15.00 T=14.97" o..n:,.:rrca LA=2153' «ro..m.*4..rw.w.c..„«e+,s r,.o...e..w...e..aw SW 57W E 145.19' 1.0=51e 56'1 E 21.17 "`....,e,uw`y.., °..'.uo=:°o e.'"`.- e.m 04091r.i aa..wwu : rr,..n.rrnn.ocm.x_..«...+......c.m.o«ma.w•.,.....,. _ xOLMMOuumN 1. :..a..ga.....c..n 9,Cr u,e.1.1., x.-r_ «. l S 5..T A -As' 44„,i ;ASSx��ad23. ,Rr,. i L()T 52 N .9,.o Cr=....r... a°..».... x"., •r e�4.:. LOT 1 R ..4.sce ,n. I LOT 51 G I 26,215.9 S.F. 4k.5.419/5s - +,C I 1 0.60 AC_ 1 R5,5...-54k „„ DON PATRICK, ( ( 51 V.R,PG 70 I ''.1, J ,w 5LR.N.C.T.) b.. I I ' >r C E. . :,W+.,..rn...c+� s,me�,nwaw:.wwa __ I 51 C3 iii C _i 4, g 'g rM n.___.'w. ..•. < 1z 1 I F. ri d E. c. LOT 50 I 1 I 1 I I LOT 49 1 1 .,x. war, I 1 I i 1 , wO12 MOW. ..,.n.e,... :.o,...1.aP...r..,cce.wae...o...a.,...,»,. _ . 1.»..,..,....e 0,......¢.oa..a.tin.•SOL. idOAr I N 59"52'00'SC 165191' uYT 5 VOSS ENGINEERING, INC. I DATE REVISED: OFFICE: JOB#: _._-.-- ENGHEERRIa ICI 20'20' . 05/31/2016 RV&RG 16-6276 OMR:if.EN'. E .,J:]]DRIVE. C ISUNVE, O.PJ5 J5CNrNST.TET.!MI5 ' RM -�_— -- vlcwl.ne,assex...cnx 161:851-.09E FIRM SCALE r-M. FIRM NO. F-166 EXHIBIT 1 Page 1 of 2 ORDINANCE EXEMPTING DON PATRICIO, BLOCK G, LOT 1R, LOCATED WEST OF WALDRON ROAD AND SOUTH OF DON PATRICIO ROAD, FROM THE PAYMENT OF THE WASTEWATER LOT/ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Don Patricio, Block G, Lot 1 R, located west of Waldron Road and south of Don Patricio Road is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of the Don Patricio, Block G, Lot 1 R, Mr. Weston Beseda ("owner") the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC)and an exemption from the Wastewater Lot/Acreage Fees in the accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro-rata, and tap fees at the rate in effect at the time of connection to City wastewater. 031134 INDEXED • , 1 • Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. That the foregoing or was r d for th irst time and passed to its second reading on this the -°day of___- •2017. by the following vote. Mayor _\I k tried— Ben Molina _ i / Rudy Garza Lucy Rubio _____IA„ of_._ Paulette Guajardo ___1 Greg Smith ie 1 0 Michael Hunter __ I 1 Carolyn Vaughn 1r Joe McComb That th Qregoing ordinance was read for the second time and passed finally on this the— �- --day of___ A(l _, 2017, by the following vote: Mayor ( J L4rJ Ben Molina _ Rudy Garza __. L.___ Lucy Rubio teeil Paulette Guajardo _ Greg Smith _ ____ Michael Hunter _ f4 __ Carolyn Vaughn __ t Joe McComb PASSED AND APPROVED on this the -t day of jaa _ __. 2017. ATTEST: , V. .1( .t tc i—l-C .iit,P... �‘Le-4 - --- Rebecca Huerta Mayor City Secretary . , ^ Doct 2017020731 t Pages 8 05/18/2017 3:16PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $43.00 Hny nrovision herein which restricts the Saler Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument wos FILED in file number senuence on the date and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS _ �. ` �- -�� 114(/'' -�� \ / -� <� _ /v/��/� \��`��2�o � h^�«e (°�*,�^/( .J^er*`i e f ~-/ / 24 eL / ��n /�� r / ��f