The URL can be used to link to this page

Home My WebLink AboutC2019-324 - 6/25/2019 - NA • 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 Esther Castillo Ybarra, Owner, 5873 Hall Avenue, Corpus Christi, Texas, 78408, hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Ybarra Terrace Lot 1, 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 and local regulations; SCANNED 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 YBARRA TERRACE LOT 1 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 3 d- day of '7)(\c/._ , 2019. DEVELOPER/OWNERS: Esther Castillo Ybarra Owner STATE OF TEXAS § COUNTY OF NUECES § 3rd This instrument was acknowledged before me on this , day of I � D.v f�J ncL , 2019, by Ula � . �I 1p /PCA )J-G� �pv p��.... ULTRA V PENA • tli �l � ,, '''�F,, NOTARY PUBLIC Notary blic, State of Texas of State of 12-02-Texas Jf• or }'' Comm.Exp. 2019 CITY OF CORPUS CHRISTI: ATTEST: By: ' _ !.A By: 72e ' Rebecca Huerta Nina Ni on Mend , FAICP City Secretary Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Nina Nixon Mendez, FAICP, Development Services Dir ctor, for the City of Corpus Christi, Texas, and acknowledged before me on the day of ;cQ , 2019. •P .. ULTRA V PENA • Yl+i; Nota u lic, State of Texas NOTARY PUBLIC State of Texas •'F:?:i. Comm.Exp.12-02-2019 APPROVED as to form: By: - P`1 Buck Brice Assistant City Attorney For City Attorney AUTHUIUL !T suNCIL PLAT OF `\ ' > \-1 1oic YBARRA TERRACE �+�QL R, AU%IL CABANISS ARY LANDING AFIELD OWN:��O LOTS ` _/iO�� //� -- N+ BEING A TRACT OF A LAND BEING OUT OF _/ LOT 5, SECTION 12,AND LOT 1, SECTION 18 PT I OF THE UMEE"A", COLONY8 LANDS RECORDED, L NYAI N S .99RICA IN VOLUME "A", PAGE 48, MAP RECORDS, .. TND BOHEMIAN COLONY LANDS 2.99 ACRES OUT NUECES COUNTY, TEXAS AND MORE DECOMPOSES OF LOT 5 SECTION 12, PARTICULARLY DESCRIBED IN DOC#396013 CONCRETE �DOC4 690043 D.R.N.C.T. \�1 P DEED RECORDS OF NUECES COUNTY, TEXAS; txsRwEDI \�`� �14J ,'� CONTAINING 9.04 ACRES. ^ ��76'� �• \ M[NOEZ CRUZ L UX EVANGEL O ` J l� t. i&V \ LANDS 5.144OHEM ACRESNOUOSW END OF 2, 0�� S4608 24"E '3' `�^ DDCOT 8179 SECTION O .R.N.C.T. A - , no vg4; CREEK LEGEND ` +" .,�C^ ?f\` 1 \ 00 ` �i U.E. UnOtt EASEMENT C�� , `\ // Y.R. YARD REQUIREMENT \ J SII I.P. IRON PIPE , \ LOCATION IION MAP I.R. IRON ROD /I (O. M.R.N.C.T. MAP RECORDS NUECES COUNTY,TEXAS *��j • ( \J� \\O \ SCALE:1"..500• D.R.N.C.T. PEED RECORDS NUECES COUNTY.TEXAS . ,1/41:1:, POND I / \ O.P.R.N.C.T. OFFICIAL PUBUC RECORDS NUECES COUNTY.TEXAS \itfl / STATE OF TEXAS $ / COUNTY OF NUECES $ ` \p� LOT J� ��,�y�+yt l\ I. ESTHER CASTILLO YBARRA, HEREBY CERTIFY THAT I AM THE OWNER OF THE \ `A, 9.04 ", N \\ PROPERTY SHOWN HEREON, FREE OF ALL LIENS,THAT I HAVE HAD SAID PROPERTY SURVEYED AS SHOWN FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. ALL UNITED STATES NAVALE Cr UTILITY EASEMENTS AND RIGHTS-OF-WAY ARE DEDICATED TO THE PUBUC FOR THE BOHEMIAR COLONY LANDS,421 94 ACRES w OPERATION & MAINTENANCE OF PUBLIC STREETS AND UTILITIES. OUT OF LOTS 5 TIWU IL SE�ON 12 • THIS THE DAY OF 2019. `. !frj$1, + /) P�O9 MW • ESTHER CASTILLO YBARRA 1 , e 1 o GRAPHIC SCALE rci f Z�`\� +6 �' �0� o �Jt/ipiy T_ o STATE OF TEXAS § \ h E+ COUNTY OF NUECES § SO( IN Feer) ` _N_4A'.1 "W _ . / ^'• //�p�� w6 • THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY I Inch-IOD TL V _• /b9� .^ ESTHER CASTILLO YBARRA 7.014, ...r., Y ii _ 080 CREEK �Ft0p9WPI i THIS THE_DAY OF 2019. _ STATE OF TEXAS $ / NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS COUNTY OF NUECES § STATE OF TEXAS § WCOUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE E� DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI,TEXAS APPROVED BY THE CORPUS CHRISTI-NUECES COUNTY HEALTH DEPARTMENT. THIS THE DAY OF 2019. ANY PRIVATE S STATE OF TEXAS $ WATER SUPPLY AND/OR SEWAGE SYSTEM SHALL BE APPROVED BY THE a COUNTY OF NUECES § CORPUS CHRISTI-NUECES COUNTY HEALTH DEPARTMENT PRIOR TO INSTALLATION. WILLIAM J. GREEN, P.E. I, MURRAY BASS,JR., REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT THE DEVELOPMENT SERVICES ENGINEER FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION PUBLIC HEALTH ENGINEER AND IS TRUE AND CORRECT,TO THE BEST OF MY KNOWLEDGE & BELIEF, Y THIS THE 12th DAY OF APRIL, 2019. DATE OF STATE OF TEXAS .+�pE�;'sirAp+l COUNTY OF NUECES STATE OF TEXAS § •;r• / COUNTY OF NUECES § MURMr 859,JR.o •� �• THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF NOTES �/ ,��Jri THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SAID 2 p�1-�� .hof 2128 8o4•io MU"P' BA JR. COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED d.,SSS;J. REP STEREO PROFESSIONAL LAND SURVEYOR THIS THE_DAY OF 2019. THE_DAY OF 2019 WITH ITS CERTIFICATE OF o AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF 2019 AT_O'CLOCK_.M. AND DULY RECORDED I. THE PROPERTY IS ZONED"FR'FARM RURAL. NINA NIXON-MENDEZ, FAICP ERIC VILLARREAL, P.E. THE_DAY OF 2019 AT_O'CLOCK_M. IN THE 2. THE YARD REQUIREMENT,AS DEPICTED,IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE CHAIRMAN SECRETARY MAP RECORDS OF SAID COUNTY IN VOLUME , PAGE_, ORDINANCE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. INSTRUMENT NUMBER . e 3. BASIS OF BEARING IS STATE OF TEXAS,LAMBERT GRID,SOUTH ZONE,NAD 1983.ESTABUSHED BY STATIC OBSERVATION AND OPUS SOLUTION BY NOS.ELEVATIONS REFER TO NAVE 1988. q PREPARED BY RI 4. THE SUBJECT PROPERTY LIES IN ZONE AE,FLOOD PLAIN BOUNDARIES HAVE BEEN SCALED FROM FEMA =ASS & WELSH ENIGDNIEEROPNIGI WITNESS ATMOFFICEHFAND SEAL OF THE COUNTY COURT T AND FOR SAID ev PANEL 48355 C 0510 G DATED OCTOBER 23.2016(DRAFT REVISED PRELIMINARY) COUNTY IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE CONSULTING ENGINEERS AND SURVEYORS DAY AND YEAR LAST WRITTEN. 5. THE RECENG WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO CREEK. 3054 SOUTH ALAMEDA STREET 78404 o MTHE TCEQ HAS NOT CLASSIFIED THE AQUATIC UFE USE FOR THE OSO CREEK, BUT IT IS RECOGNIZED P.O. BOX 6397 78466-6397 AS AN ENVIRONMENTALLY SENSITIVE AREA.THE OSO CREEK FLOWS DIRECTLY INTO THE OSO BAY. THETELEPHONE: (361) 882-5521 DEPUTY KORA SANDS LI; TCEQ RAS CLASSIFIED THE AQUATIC UFE USE FOR THE OSO BAY AS "EXCEPTIONAL" AND "OYSTER FACSIMILE: (361) 882-1265 COUNTY COURT WATERS"AND CATEGORIZED THE RECEMNG WATER AS'CONTACT RECREATION"USE. NUECES COUNTY, TEXAS FIRM REGISTRATION NO. F-52 (ENGINEERING) 6. IF THE PROPERTY WERE TO BE SUBDMDED,COMPLIANCE WITH THE PUBUC OPEN SPACE REGULATIONS FIRM REGISTRATION NO. 100027-00 (SURVEYING) o.o5 WILL BE REQUIRED AS APPLICABLE. CORPUS C H R I STI, TEXAS YBARRA TERRACE, LOT 1 SHEET 1 OF 1 Nueces County Kara Sands Nueces County Clerk *VG-50-2019-2019027052* Instrument Number: 2019027052 Real Property Recordings AGREEMENT Recorded On: July 09, 2019 09:43 AM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $23.00 ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2019027052 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20190709000042 2406 LEOPARD STREET Recorded Date/Time: July 09, 2019 09:43 AM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK02 �NNNN�� STATE OF TEXAS ��N1Y CO(4 �4 Nueces County * . *y, I hereby certify that this Instrument was filed in the File Number sequence on the date/time b -1\16�\a S ` printed hereon,and was duly recorded in the Official Records of Nueces County,Texas /� �� "') Kara Sands - ) c(A.,(/.1/ Nueces County Clerk ��.3 Nueces County, TX