HomeMy WebLinkAboutC2020-098 - 3/10/2020 - NA STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS
SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS
STATE OF TEXAS §
COUNTY OF NUECES §
Whereas, contracts for water service outside the city limits which include a new water
connection must receive approval by the city council before the contract for such service can
become effective pursuant to Corpus Christi Code 55-113; and
Whereas, the city manager or designated representative is authorized to execute water service
contracts meeting all of the requirements contained in Chapter 55, Article VIII of the Corpus
Christi Code when no additional service connection is involved or the contract is for temporary
water service for a period of not more than one (1) year or for consumption of less than ten-acre
feet of water during the entire contract term .
THIS CONTRACT AND AGREEMENT made and entered into an original by and between,
South Staples, LLC (Owner), whose address P.O. BOX 608 Ingleside, Texas 78362, Spirit of
Texas Bank (Lienholder) whose address is 1400 East Houston Street Beeville, Texas 78102
and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population,
a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard
Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable
consideration in hand received by the parties respectively and upon the covenants and
conditions hereafter stated:
WITNESSETH:
I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all
the following described property located in Nueces County, Texas, which is situated partly or
wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not
principally used for port-related industry, as defined by Section 55-111, as amended, Code of
Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this
contract and marked "Exhibit A" and being more particularly described as follows, to-wit:
Lot 20, Block 2, The Promenade Subdivision, also commonly known by
its street address as 1922 Magnolia Falls Drive, Corpus Christi, TX 78415
II. City agrees to deliver City water to such property or to waterlines on the property, under
rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code
of Ordinances, City of Corpus Christi.
III. Owner and Lien Holder agree to construct all improvements on such property under all
City codes and regulations and to obtain all City technical construction permits as though the
property were inside the City. Owner and Lien Holder consent to inspections of all of such
construction of duly authorized inspectors or representatives of City departments charged with
enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any
improvements, the applicable codes and regulations are those codes and regulations that are in
effect at the time of commencement of the improvements.
Page l of 3
SCANNED
IV. All connections to the City water system are subject to the same rules and regulations
regarding standards of delivery of water service, including installation and disconnections for
failure to pay charges, as consumers within the City limits.
V. IT IS AGREED by and between the parties hereto that all of the above conditions shall
be binding upon the successors and assigns of the said Owner and each of them, if multiples,
and constitutes a covenant running with the land.
WITNESS OUR HAND this 3 day of t t.GUrC Y) , 2020.
OWNER: South Staples, LLC
i
Charlene Thamaravelil, Managing Member
STATE OF TEXAS §
§
COUNTY OF NUECES §
T/`
This instrument was acknowledged before me on this the / day of // )a (-
2020, by Charlene Thamaravelil, Managing Member, South Staples, LLC
""" MELANIE GUADALUPE MOSEL
°,: :<, Notary Public,State of Texas
=mss 'r, Comm. Expires 10-30-2021 �/�i /,.Y,,,/ ��
''% �`:', Notary ID 131332954 Notary�—i.I Public, sate of Texas
LIENHOLDER: Spirit of Texas Bank
.d°°')----
s Pryor, Vice President
416 illheigh.ilibr am Mr lir Amara rill
I ��Pr PV@ CHRISTINA MARTINEZ
STATE OF TEXASI :°�� Notary ID#128820999
§ , ',:.NbIQ My Commission Expires
§ ' 'Teorl December 11, 2023
COUNTY OF NUECES §
This instrument was acknowledged before me on this the 3 day of MfAx-C
2020, by Josh Pryor, Vice President, Spirit of Texas Bank.
IF— r
T -A A
ry Public, State of Texas
Page 2 of 3
City of Corpus risti:
By:
I
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Ib rt J Raymond III, AIA, CBO
Direct. of Development Services
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this /0 day of 4/0/2"(14---
2020,
by Albert J. Raymond III, AIA, C: of Develop ►- Services Department, of the
City of Corpus Christi, a Texas ho =- {�Dip ;11.- corpor. 'on, • behalf of .. • corpor.tion.
,jr' ar Pue�.O��
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T.t,# otary Public, State of Texas
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APPROVED AS TO FORM: 5 day of v� G , 2020.
1‘4,'Ce‘
Buck Brice
Assistant City Attorney
for the City Attorney
Page 3 of 3
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' Doc# 2006062064
GF# (0680 MS
Stewart Title of Corpus Christi,Inc.
WARRANTY DEED WITH VENDOR'S LIEN
Date: W6046 30,2006.
Grantor and Grantor's M.BRENT OCKER and wife,WALTA N. OCKER
Mailing Address: 2803 FM 763,Corpus Christi.Nueces County,Texas 78415-6803
Grantee and Grantee's South Staples, LLC., a Texas limited liability company
Mailing Address Box 608-406 W. Main,Ingleside,San Patricio County,Texas
78362
Consideration: TEN AND NO/l00 DOLLARS and other good and valuable
consideration and the further consideration of a note of even date that is in the principal amount
of$924,300.00, executed by Grantee,and payable to the order of Texas Champion Bank. Such
note is secured by a vendor's lien retained in this deed in favor of Texas Champion Bank and by
a deed of trust of even date from Grantee to Ed A.Lopez,Trustee.
Property(including any improvements):
Being a tract situated in Nueces County,Texas generally described as the East
One-Half(E. 1/2)of the Northwest One-Quarter(NW 114)of Section Thirty(30),
of the LAURELES FARM TRACTS,as shown by the map or plat thereof,
recorded in Vol.3,Page 15,Map Records of Nueces County,Texas,and being
more particularly described by metes and bounds,as follows:
BEGINNING at a one inch iron pipe found in for the northeast corner of the
northwest one-quarter of Section 30,AxamteeKFarm Tracts,and the northeast
corner of this tract; Laureles
THENCE S 0° 00' 17" E,a distance of 2,599.52 feet to a 5/8 inch iron rod found
in the north right-of-way line of FM 2444(South Staples Street),said roadway
easement granted Nueces County as described in the document recorded at
Volume 608,Page 181,of the Deed Records of Nueces County,Texas;
THENCE S 89° 10' 37"W along the north right-of-way line of FM 2411,a
distance of 1,319.93 feet to a one inch iron pipe found for the southwest corner of
this tract;
THENCE N 0°00' 17" W,a distance of 2,599.52 feet to a one inch iron pipe set
in the north line of Section 30,Laureles Farm Tracts, for the northwest corner of
this tract;
THENCE N 89° 10' 37" E along the north line of Section 30,Laureles Farm
Tracts,a distance of 1,319.93 feet to the POINT OF BEGINNING forming a tract
embracing 78.76 acres of land,more or less.
1
Title Data, Inc. ST TDI35409 NII 2006062064.001
Reservations From Conveyance:
Reservation of Minerals.There is reserved unto Grantor,Grantor's heirs and assigns
forever,all of the oil,gas, and minerals,of every kind and character,which may be discovered,
mined,produced,and recovered from the above described real property,or any part thereof,
which includes all necessary and convenient easements for the purposes of exploring, •
prospecting,mining,drilling, roducin
g,saving,transporting,storing,treating,and owning same !!
which have not been previously reserved by predecessors in title. "Oil,gas, and minerals"shall
include,without limitation,oil,gas,sulphur,and all other hydrocarbon substances,whether
liquid,gaseous, or solid,all fissionable minerals and materials,including,but not limited to, 1
uranium,thorium,vanadium,molybdenum, and rhenium,all coal,lignite,zinc, lead,iron,
copper,silver gold, and other minerals and ores,whether known or unknown, irrespective of the
depth at which the same may be found, irrespective of being found on the surface, and
irrespective of the method by which such minerals may be produced or recovered.
Exceptions to Conveyance and Warranty:
Without limiting or modifying the special warranty of title contained in this deed,this
conveyance is made subject to
1.Present restrictions,if any,existing against such property;
2.Existing building,zoning,platting,or other regulatory ordinances imposed by
the City of Corpus Christi or any other governmental entity or authority;
3.Rights of parties in possession;
4.All outstanding royalty interests,mineral interests,and oil and gas leases,of
record,and affecting the above described real property;
5.Any easements, rights-of-way, and prescriptive rights affecting the property;
6.Any discrepancies or conflicts in boundary lines,any shortages in area,any
encroachments onto or protrusions from such property,any overlapping of
improvements,or any other matter which might be revealed by a survey of such property;
7. All other exceptions contained in the Owner's Policy of Title Insurance issued
to Grantee as part of this transaction.
Without Iimiting the generality of the foregoing,this conveyance is also made
subject to the following:
1. Right of Way and Easement dated February 28, 1959,from Matilda L. Ocker,
a widow to Coastal Transmission Corporation,recorded in File No. 527252, Volumc 846.
Page 80,Deed Records of Nueces County,Texas,as shown on the survey drawing of the
Property prepared by Bass and Welsh Engineering,dated August 30,2006,under its Job
No.06075A.
2. Mineral and/or royalty interest,the royalties,bonuses,rentals and all other
rights in connection with said mineral and/or royalty rights,bonuses and rentals
described in instrument from Hattie Carter,a widow to Matilda L.Ocker,dated August 5,
1954, recorded in Volume 649,Page 248,Deed Records of Nueces County,Texas;
3.Mineral and/or royalty interest,the royalties,bonuses,rentals and all other
rights in connection with said mineral and/or royalty rights,bonuses and rentals
described in instrument from M.Harvey Weil to Annette Ocker Martin,a widow,dated
2
Title Data, Inc. ST TDI35409 NU 2006062064.002
March 12, 1968,recorded in File No.759784,Volume 1264,Page 187,Deed Records of
Nueces County,Texas;
4.Mineral and/or royalty interest,the royalties,bonuses,rentals and all other
rights in connection with said mineral and/or royalty rights,bonuses and rentals
described in instrument from Lorraine Ocker Russell and E. R. Russell to Gordon F.
Russell and Milton R.Russell,dated June 14, 1982,recorded in File No. 274474,
Volume 356,Page 506,Oil and Gas Records of Nueces County,Texas;
5.Mineral and/or royalty interest,the royalties,bonuses,rentals and all other
rights in connection with said mineral and/or royalty rights,bonuses and rentals
described in instrument from Annette Ocker Martin to Annette Ocker Martin,Trustee,
dated June 1, 1990,recorded in File No.720391, Volume 411,Page 650,Oil and Gas
Records of Nueces County,Texas;
6.Mineral and/or royalty interest,the royalties,bonuses,rentals and all other
rights in connection with said mineral and/or royalty rights,bonuses and rentals
described in instrument from Mary Peaster Ocker to Richard L.Ocker, et al,dated
February 9, 2004,recorded in Document No. 2004006199,Official Public Records of
Nueces County,Texas;
7.Mineral and/or royalty interest,the royalties,bonuses,rentals and all other
rights in connection with said mineral and/or royalty rights,bonuses and rentals
described in instrument from Annette Ocker Martin(Lifetime Interest)to M.Brent Ocker
and wife,Walta N. Ocker,dated April.21,2003,recorded in Document No.2003020210,
Official Public Records of Nueces County,Texas;
8.Memorandum of Oil,Gas and Mineral Lease dated June 22,2005,by and
between M.Brent Ocker and wife,Walla N.Ocker and Reeflex,Ltd.,recorded in
Document No.2006032583,Official Public Records of Nueces County,Texas
Present Condition. Grantee accepts the above described property in its present
condition.
Ad Valorem Taxes and Rollback Taxes. Grantee assumes payment of all ad valorem
taxes and other assessments levied against the above described real property for the year 2007,
and all subsequent years. If this conveyance or Grantee's use of the above described property
after closing results in the assessment of additional taxes,penalties,or interest for periods prior
to this conveyance,such assessments will be the obligation of Grantee. If Grantor's change in
use of the property prior to the date of this deed or denial of a special use valuation on the
property claimed by Grantor results in assessments for periods prior to the date of this deed,the
assessments will be the obligation of Grantor.
Conveyance:
Grantor, for the consideration,receipt of which is acknowledged,and subject to the
reservations from and exceptions to conveyance and warranty,grants,sells and conveys to
Grantee good and marketable title to the property,together with all and singular the rights and
appurtenances thereto in any wise belonging,to have and hold unto Grantee,Grantee's heirs,
executor,administrators, successors or assigns forever. Grantor binds Grantor and Grantor's
3
Title Data, Inc. ST TD135409 NU 2006062064.003
heirs,executors, administrators and successors to warrant and forever defend all and singular the
property to Grantee and Grantee's heirs,executors,administrators,successors and assigns against
every person whomsoever lawfully claiming or to claim the same or any part thereof;by,
through,or under Grantor,but not otherwise,and except as to the reservations from and
exceptions to conveyance and warranty.
Vendor's Lien and Assignment:
The vendor's lien against and superior title to the property are retained until the above
described note is fully paid according to its terms, at which time this deed shall become absolute.
Grantor hereby assigns and transfers the vendor's lien to Texas Champion Bank,its successors
and assigns,without recourse on Grantor.
When the context requires,singular nouns and pronouns include the plural.
M. BRENT OCKER
WALTA N. OC
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on COaV 3),2ODlq by M.BRENT
OCKER frAMlit and wife,WALTA N.OCKER.
'II I will 0.1r6
_ _ . . _
o.'«� MARY A1��1 SELLERs (1,
_.
114:--;11:"P:*
; hp�y Public Notary Psdblic,State of Texas
-
i{'' STATE OF TEXAS
' f*�` Gcmm.Exp.02-48-2008 Commission expires:
(printed name)
Accepted:
South Staples,LLC
By:
George V.Th maravelil,Managing Member
4
GF# 100-`fit 5
StewestTide of Corpus Christi,Inc.
Title Data, Inc. ST TDI35409 NU 2006062064.004
Doc# 2006062064
# Pages 5
12/05/2006 15:05:07 PM
e-Filed & e-Recorded in the
Official Public Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees 27.00
Any provision 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 SEQUENCE ON THE DATE AND
AT THE TIME STAMPED HEREON BY ME AND WAS DULY
RECORDED IN THE OFFICIAL PUBLIC
RECORDS OF NUECES COUNTY TEXAS
NUECESCOmiYSEXAS
Title Data, Inc. ST TDI35409 NU 2006062064.005
Nueces County
Kara Sands
Nueces County Clerk
*VG-61-2020-2020010816*
Instrument Number: 2020010816
Official Public Records
CONTRACT
Recorded On: March 10, 2020 03:19 PM Number of Pages: 10
" Examined and Charged as Follows: "
Total Recording: $43.00
STATE OF TEXAS
i�D% Y Cp�4> Nueces County
* * *),, I hereby certify that this Instrument was filed in the File Number sequence on the date/time
, �\a ¢$ printed hereon, and was duly recorded in the Official Records of Nueces County,Texas
/1h��'y p /S �' Kara Sands
h�\`NUEC,_ Nueces County Clerk
Nueces County, TX -.3a144)
*********** 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: 2020010816 RTC - VERN ROBINS
Receipt Number: 20200310000163 NA
Recorded Date/Time: March 10, 2020 03:19 PM
User: Margarita S CORPUS CHRISTI TX 78401
Station: CLERK01