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Home My WebLink AboutC2020-099 - 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, Alberto and Vanessa Dimas (Owners), whose address 4122 Bridgett Drive, Corpus Christi, Texas, Thrive Mortgage (Lienholder) whose address is 4819 Williams Drive Georgetown, Texas 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 6, Block 1, London Club Estates, also commonly known by its street address as 2529 Balchuck Lane, 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 1 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 day of br .Acf -1 , 2020. OWNERS: I Ll�►l/-/ Alberto limas, owner ki'OALIVOn, • Vanessa Dimas, Owner STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the -' day of Fe_ bfur;uf,3 , 2020, by Alberto Dimas, Owner. �0A1, C� t 9- ✓✓1PYVf- LS boc ' tt c,, 114: ' Notary Public, State of Texas 1' tr 4 x 1 e61748-2 This instru -ent was acknowledged before me on this the)4) day of �e-b rk-tu.f , 2020, by Vanessa Dimas, Owner. _ a--- , Notary Public, State of Texas -- HE HAN I/ _ w0,-- f�L.3Sr►�tary Public i � �`},� r�tl1aTts t�F TEXAS • * a� p c mm.Exp.08-12-20 i % a to, :t ry{G#12661748-2 • Page 2 of 3 LIENHOLDER: Thrive Mortgage, LLC,14iustee STATE OF TEXAS § COUNTY OF NU CES µt, § IA), ii/a4751)KL This instrument was acknowledged before me on this the ? °day of �Chri.caf y _ , 2020, by Barbara Jones, Trustee, Thrive Mortgage, LLC / , Notary Public, State of Texas City of Corpus Ch ii: t/ n _1,...:=Ini'i, t�1AXINE CAMPANERIABy• _ taryPublic, State of TexasA (rrt 4. Ra mond III, AIA, CBO =. mm. Expires 12-21-2020XDirector of development Services Notary ID 130939724 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this /o day of , 2020, by Albert J. Raymond III, A•:•''ii::� a ector of D- - ��pment Services De•artment, of the City of Corpus Christi, a Texa:',.P -r �. xfiripal c• po :tion, on behalf . said co 'oration. v„.,••0 Pua�,�•..�t.rj i Z'' P / / / (.1:i' 4Z Q .O r • 2 } ao:C4 • ' �.4TE of��,y'c.„ Notary Public, State of Ter O 4RESA1 [; i I i APPROVED AS TO FORM: / day of , 2020. -6[4,(11 61/tZ-e Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 • ' , a CR-26 a: a SEBASTION ■ a a a ■ a MI a ■ a a U px co D w CD ti U 2 J LL Q 0 m all Ell London Club Estates, Block 1, Lot 6 ■ a ■ ■ w CAITLYN w > a Illc U hi i II ■ C) a J ■ a a! 1111 a ■ ■ -- FM=43 i I >-= w J_ x o- ID J ILUU II- 1 � I 1 _ Il- 0 500 1,000 2,000 o �a° ° N Feet Exhibit ■■ ,, _, Y I �� CR 26 . ! 152 NIP Water Contract Location Map T � CR 26 CR 26 Site 1 - I2 ' City Limits . � Fn 43 uFiii 431 ��15r19_ II Subject Property ce f., ,U m n a Ln CR 22. 0 Date Created:2/20/20. U Prepared By:Rel —11 Department of Development Servic Projected Coordinate System:NAD_1983_StatePlane Texas_South_FIPS_4205_Fe Projection:Lambert Conformal Con Fila•K•IllavalnnmanfRvrel.CHARFnIAIR Prniarfelnaeael711711Wafar Cnnfrarfe17575 Ralrhork I ana nr/in 2020-2020005214 02/04/2020 2:03PM Page 1 or 4 WARRANTY DEED WITH VENDOR'S LIEN z L' NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE M ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN w THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. O J t� Date:LI January 29, 2020 Grantor: MPM Homes, Inc., a Texas corporation Grantor's Mailing Address (including county): It P.O. Box 331308 0 Corpus Christi, Nueces County, Texas 78463 Grantee: Vanessa Dimas and Alberto Dimas, a married couple Grantee's Mailing Address (including county): 2529 Balchuck Ln. Corpus Christi, Nueces County, Texas 78415 Consideration: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, together with a note of even date herewith in the principal amount of $510,000.00 executed by the Grantee, payable to the order of Thrive Mortgage, LLC, a Texas limited liability company, which is secured by a vendor's lien retained in this deed and by a deed of trust of even date herewith from Grantee to Barbara Jones, Trustee. Property: Lot Six (6), Block One (1), LONDON CLUB ESTATES, an Addition in Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 67, Pages 285 thru 288, Map Records of Nueces County, Texas. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to all valid and existing easements, restrictions, rights-of-way, mineral reservations and leases, conditions, exceptions, reservations and covenants, of whatever nature of record with the County Clerk of Nueces County, Texas, affecting said property, and also to the zoning laws and other restrictions, regulations, ordinances, and statutes of municipal or other governmental authorities applicable to and enforceable against the property, and taxes for the tax year 2020, which same having been prorated are hereby assumed by the Grantee. Notwithstanding disclosures required by law to be given by Seller(s) to Purchaser(s) prior to and/cr contemporaneous with transfer of title or recordation of public notice of such transaction, Grantor(s) and Grantee(s) hereby acknowledge their mutual agreement, as negotiated, which is a factor in the price for the property hereinabove described, that with this conveyance GRANTOR(S) SELLS AND CONVEYS SAID PROPERTY TO GRANTEE(S) AND GRANTEE(S) ACCEPTS SAID PROPERTY IN "AS IS" CONDITION, WHERE IS, AND WITH ALL FAULTS, EXCEPT FOR THE WARRANTY OF TITLE PROVIDED HEREIN, AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTIES, OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY OR THIS DEED FROM OR ON BEHALF OF THE GRANTOR, INCLUDING, WITHOUT LIMITATION (I) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, wovt_ 2020-2020005214 02/04/2020 2.03P1.4 Page 2 of 4 PROFITABILITY,SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (II) • THE MANNER OR THE QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO THE IMPROVEMENTS, IF ANY, ON THE PROPERTY, AND (iii) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR,OR LACK OF REPAIR OF THE PROPERTY. GRANTEE AGREES THAT GRANTOR HAS NOT, DOES NOT AND WILL NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PROPERTY AND ITS COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDINANCES, ORDERS OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING OR DISPOSING OF ANY SOLID WASTE,AS DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R. PART 2261, OR HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1990, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. FURTHER GRANTEE AGREES THAT GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO IN THIS DEED, and that Grantee(s) acknowledges sole reliance upon Grantee's own inspections and/or investigations, if any, of said property and upon Grantee's own due diligence in regard thereto, it being the intention of Grantor and Grantee to expressly negate and exclude all warranties including without limitation, the implied warranties of merchantability and fitness for any particular purpose and warranties created by an affirmation of fact or promise or by any description of the property or by any sample or model or any other warranties whatsoever contained in or created by the Texas Uniform Commercial Code. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's 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, except as to the reservations from and exceptions to warranty. But it is expressly agreed that the vendor's lien as well as the superior title in and to the above described premises is retained against the above described property, premises and improvements until the above described note and all interest thereon is fully paid according to the face, tenor, effect and reading thereof, at which time this deed shall become absolute.: The said vendor's lien and superior title herein retained are hereby transferred, assigned, sold and conveyed to Mortgage, LLC, a Texas limited liability company, its successors and assigns, the Payee in said note without recourse on Grantors. When the context requires, singular nouns and pronouns include the plural. MPM Homes, Inc., a Texas corporation 4401ossa T ostaghasi, President PDvl Prye' 2020-2020005214 02/04/2020 2.03P14.4 Page 3 of 4 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the Z1 day of January, 2020, by Mossa Mostaghasi, President, MPM Homes, Inc., a Texas corporation on behalf of said corporation. CYNrxe&ENO ( tti p, '1.0 IDif 1178588-3la w Notary Pwouc to blit, State of Texas 4 00 , STATE OF TEXAS ry My Comm.Exp. 11-04.2023 After recording Return to: FIRST TITLE COMPANY 5402 Holly Road Suite 2202 ��1 Corpus Christi,TX 78411 r.x. (361) 993-A036 ,0Zozcz GF# 2020-2020005214 02/04/2020 2:03 PM Page 4 of 4 Nueces County Kara Sands Nueces County Clerk Instrument Number: 2020005214 eRecording-Real Property DEED Recorded On: February 04,2020 02:03 PM Number of Pages:4 " Examined and Charged as Follows: " Total Recording:$19.00 STATE OF TEXAS s•.µSY CpG�i, NUECES COUNTY �4H I hereby certify that this Instrument was FILED In the File Number sequence on the date/time !Gs r*"' bks printed hereon,and was duly RECORDED in the Official Records of Nueces County,Texas. •'1�o�NUsc,E.y- Kara Sands ,," Nueces County Clerk Nueces County,TX CtNL-• ***********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: 2020005214 Simplifile Receipt Number: 20200204000153 484 North 300 West,Suite 202 Recorded Date/Time: February 04, 2020 02:03 PM User: Sylvia C Provo UT Station: CLERK07 Nueces County Kara Sands Nueces County Clerk *VG-61-2020-2020010817* Instrument Number: 2020010817 Official Public Records CONTRACT Recorded On: March 10, 2020 03:19 PM Number of Pages: 9 " Examined and Charged as Follows: " Total Recording: $39.00 "..�vq� STATE OF TEXAS % -"WY CpU��l,l Nueces County for 4. *4t I hereby certify that this Instrument was filed in the File Number sequence on the date/time n �1� 00 printed hereon, and was duly recorded in the Official Records of Nueces County,Texas ,,t�). NUEC�co=/ Kara Sands ) �"..� Nueces County Clerk G-nLC/L 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: 2020010817 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