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HomeMy WebLinkAboutC2021-319 - 11/16/2021 - 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 J & N Hill Country Investments, LLC, 218 Woodland Acres Drive, Marble Falls, Texas 78654 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Hale Horse Ranch, Block 1, Lot 1 , Located north of FM 665 and west of CR 763 with the frontage along CR 32 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 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 PARK SPRINGS IHS, BLOCK 1, LOTS 1 THROUGH 3, 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. Il EXECUTED original, this ' day of S , 2021. DEVELOPER/OWNERS: Hale (Managing Member) Nice e Jean Hale (Managing Member) J & N ill Country Investments, LLC J & N Hill Country Investments, LLC STATE OF TEXAS § COUNTY OF NUECES § — f This instrument was acknowledged before me on �t)his ( , day of - UC1 0 - - , 2021 , by `16` '(-e-": ilmillbillbrillhiardekwykwaymyymal ►RY'0. ULTRA V PENA -;e211.114...,1; Notary ID/S126029965 \ Commission MYDec December 6 2023es i Notary Public, State of Texas Sanitary Sewer Connection Agreement Hale Horse Ranch, Block 1, Lot 1 Page 2 of 4 CITY OF CORPUS CHRISTI: tar ATTEST: I\ 6" A A Arir REB CCA HUERTA r� CITY SECRETARY Al Ra ' on•, AIA Director of 'aevelopment Services MIWONAt 0 (CUNCIL LetiLle SECREI'ARv THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on NOVtp1 i I c1 , 2021, by N (VI , Director of Development Services for the City of Corpus Chdti, Texas. ,.ayP„a YVETTE WALLACE NI4:// /e 1/14ga- Pu lie's Signature :°•: •,`h Notary Public,State of Texas % N'; ,, , +�' Comm.Expires 08-06-2025 ii,°;,x��`' Notary ID 133255582 APPROVED as to form: IC -ZG L I Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Hale Horse Ranch, Block 1, Lot 1 Page 3 of 4 EXHIBIT 1 KK X600' i O 6)>'j i; / i �t i ' =b io .1 in 15§ 1 d lit; i�J € E _ li E� qI : i ', m .Z2 99s 3.9os0.�S J„ I $gas s i % f ti i8 akl — n it e t •I1 1 ; 1 � h6 a ii A I .'" i i bb A )" fl 1 S 8 6 Iiliii 11 )X1 le I1_.0' Z gv, — ET .:ar !R::R�;il' lb gg Eilog w1 ! � 4 O < fizz_ i g 4 a°,h2 J m 8i A i 05 Fir sh t 11'1 0 oo ;1 Blii. A . .� , , ° !,-; 11 : 0„ ., X84 - v. p4.010X; Iiii © # , .. p , , iig Erg 16 1 " k. aaWOE4R ! il !I g{ L � �. # Fyy I F ad S Y % lig 1 �Q��K y� S a ` 444 _ y 5 c € W 4 I in 10',ad.a ii. -/ -§ 'galp 1 1 R 1 in M. 0 111 ii g s 21 1xxis 3559 3320( L 17V3S101d MOIL ON 01MMNd0 9d Cf'9I IL-00-90 71,43101d Sanitary Sewer Connection Agreement Hale Horse Ranch, Block 1, Lot 1 Page 4 of 4 Nueces County Kara Sands Nueces County Clerk VG-50-2021-2021061156" Instrument Number: 2021061156 Official Public Records AGREEMENT Recorded On: November 22, 2021 10:03 AM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $33.00 STATE OF TEXAS GOJNSY co/14N , Nueces County * . *i I hereby certify that this Instrument was filed in the File Number sequence on the date/time o `• a printed hereon, and was duly recorded in the Official Records of Nueces County,Texas :�h F NUE���=� Kara Sands Nueces County Clerk , Nueces County, TX *********** 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: 2021061156 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20211122000049 2406 LEOPARD STREET Recorded Date/Time: November 22, 2021 10:03 AM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK09