HomeMy WebLinkAboutC2019-085 - 2/19/2019 - NA 20 19008890
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 American Electric Power, 1 Riverside Plaza,
Columbus, Ohio 43215 hereinafter called "Developer/Owner".
WHEREAS, Developer/Owner in compliance with the City's Unified
Development Code, has submitted the plat for Heines Substation, Located at the
Northwest corner of Holly Road and Ennis Joslin Alignment and, hereinafter called
"Development," (Exhibit 1); and,
WHEREAS, wastewater construction plans and construction are a requirement of
the plat, and
WHEREAS, 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.
City agrees:
1 . to allow property to use on-site wastewater treatment in compliance with State
anal Inral raniilatinnc•
C2019-085
2/19/19
American Electric Power
SflNrIFfl
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 HEINES SUBSTATION, 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.
EXECUTED original, this �S�LL day of 36-^Qarl , 2019.
DEVELOPER/OWNERS:
P. Todd Ireland
American Electric Power
OHIO
STATE OF TEXA3 §
Ff2ANKLIN §
COUNTY OFA-S- §
This instrument was acknowledged before me on this vZs , day of
si
01c -►n.vcary , 2019, by P To Ire.tatid.
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(1111";, III TFck1y''•
` /! ;°$ ,s No ry Public, State of Texas
Sanitary Se •
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Heines Subst. Page 2 of 4
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CITY OF CORPUS CHRISTI:
-21„c
Nina Nixon-M" dez, FAICP
Director of Development Services
ATTEST: ar,te/t/frA
R BECCA HUERTA
CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on rr 2 Z— , 2019,
by ),\J l'c& k)‘x ' n
— vtd e2 , Director of Development Services for the
City of Corpus Christi, Texas.
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ULTRAVPENA DR_
NOTARY PUBLIC
State of Texas Notary Public's Signature
Comm.Exp.12-02-2019
APPROVED as to form:
il/LA=4 \-31- 0
Buck Brice 0 v , �31(0 °x=
Assistant City Attorney
For City Attorney COUNCII 2-4 I if
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Sanitary Sewer Connection Agreement
Heines Substation Page 3 of 4
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KLYn
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City
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03/07/2019 4:12PM
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $23.00
Any nrovision herein which restricts the Sale,
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 was FILED
in file number seouence on the date and at the
time stomned herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
KARA SANDS
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