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Home My WebLink AboutC2022-253 - 10/25/2022 - Approved WATER SERVICE CONTRACT FOR PROPERTY SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS 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. This Water Service Contract ("Agreement") is entered into between MPM Development, LP (referred to in this Agreement as Owner), whose address is P 0 Box 331308,Frost Bank (referred to in this Agreement as Lienholder) whose address is 501 North Shoreline, Corpus Christi, TX 78401 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 300,000 population, municipal corporation, and body politic under the laws of the State of Texas whose address is 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: Section 1. Ownership of Property to Receive Water Owner is an owner in fee simple and of all existing rights, titles, and interests therein of all the following described property (referred to in this Agreement as "Property") located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the 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: Lots One (1), Two (2), Three (3), Four(4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Block One (1), Gemini Acres Unit 1. Lots One (1), Two (2), Three (3), Four(4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty One (21), Twenty Two (22),Block Two (2), Gemini Acres Unit 1. Lots One (1), Two (2), Three (3), Four(4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Block Three (3), Gemini Acres Unit 1. Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Block Four (4), Gemini Acres Unit 1. Lots One (1), Two (2), Three (3), Four(4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Block Five (5), Gemini Acres Unit 1. Lots One (1), Two (2), Three (3), Block Six (6), Gemini Acres Unit 1. Section 2. New Construction The Owner agrees to construct all improvements on such Property under all City codes and regulations and obtain all City technical construction permits as though the Property was inside the City. Owner consents to inspections of all of such construction by duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Standard Form Agreement 6/16/2022 BB Page 1 of 4 SCANNED The Owner agrees 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. Section 3. Provision of Water The City agrees to deliver City water to such Property or waterlines on the Property under rules and regulations promulgated and authorized by the Code of Ordinances, City of Corpus Christi. Section 4. Rules for Delivery of Water All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service as consumers within the City limits including installation and disconnections for failure to pay charges. Additionally, the Owner must pay the applicable water service rates and application fees established in the Code of Ordinances, City of Corpus Christi. Section 5. Backflow Devices Upon a determination by City staff that a backflow device is required by State law, City Ordinance, or for the general safety of the public water system, a backflow device must be installed and maintained at the Owner's expense. Section 6. Covenant Running with The Land 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 constitutes a covenant running with the land. Section 7. Termination This contract is terminable at will by the City Manager or designee upon failure to comply with any of the conditions of the Agreement. Section 8. Consent by Lienholder(s) Lienholder(s) is the current holder of a beneficial interest in the Property. Lienholder(s) hereby consents and agrees to the above terms and covenant running with the land, and foreclosure of the lien(s) shall not extinguish the covenant running with the land. Section 9. Execution This Agreement is executed in one original document. Accordingly, this Agreement becomes effective and is binding upon and inures to the benefit of the City and Owner and their successors and assigns from and after the date all signatories have executed the Agreement. Remainder of page intentionally left blank; signature page to follow. Standard Form Agreement 6/16/2022 BB Page 2 of 4 EXECUTED IN ONE ORIGINAL OWNER: MPM Development, LP oses Mostaghasi, Owner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this thea day of daitE 20-by Moses Mostaghasi, Owner on behalf of MPM Development, LP. s w 4 CYNTHIA BUENO 61=)/• Yl 6 - �t,� k - ,«�� ' �`- ID# 1178588-3 V / a:?E Notary Public / 4 a•;si��oFZ�?` STATE OF TEXAS ► Notary Public, State of Texas My Comm. Exp. 11-04-2023 LIENHOLDER: Frost Bank Tro Betel, Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of•JWt,C� 202,-by Troy Bethel, Vice President on behalf of Frost Bank < ;,��aY;P,; •.,, CYNTHIA BUENO > Notary Public, State of Texas �� ID# 1178588-3 > 4 Notary Public STATE OF TEXAS 9jF aG +•:: a „•,,, My Comm. Exp. 11-04-2023 > O-i v-vv v- v v v v v v Standard Form Agreement 6/16/2022 BB Page 3 of 4 City of Corpus Christi: ATTEST: ij By: ` U2� By: -L.i.i, Rebecca Huerta "Albert Raymond III, City Secretary ►.ctor of Development Services At11HWliIQ� IL:25:21_, STATE OF TEXAS § nn COUNTY OF NUECES § 1` Imo, SECRETARY r \" Thi instrument was acknowledged before me on this 16-day of CAS•SI.w\ `v� 20 by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. ,. ;FY::;'�6..; SARAH J BRUNKENHOEFER S i �' 1D# 12954066-5 V.:2;7,,\•.„..--, 0 Notary Public "- 3./...."-------- < .r9 o--, My Comm. p EXASS 2025 Notary Public, State of Texas • vvvvvv vvNo- . v v STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 21 day of OCrOBra, , 20 2, , by Albert J. Raymond III, Director of Development Services Department, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. ;`'.,‘,.\F.*,-, JOANN SALINAS ^^ ' :°, _Notary Public, State of Texas Notal Public, State of Texas --. +Pc Comm.Expires 03-02-2026 J % o °� Notary ID 133621810 �nm `� APPROVED AS TO FORM: 1)/t J'4A 6'1,VX Buck Brice Assistant City Attorney for the City Attorney Standard Form Agreement 6/16/2022 BB Page 4 of 4 L — CR-26 - - t'iii C- m= = J LII -m0 � i11 �Ai IIMMI111111111==X.=c. �i 1 I�3 . W M Gem• ini`• - CAITLYN_- > c Unit 1 MR �LL O ■■ ER _Q ' ' i 11 -- .._ ... , FM4 - 3 _ t . _ J L '- i U '... . ■ x ' II o ■N■ ' ' UI ■■■■ b111 , Tr g ii &0 Bile . ten= SIN- Q L`— �� Mimi= L Ju - CR 22- - U L✓— 1 0 5001,000 2,000 Feet .■ ■� o` ° 1 \ ' . 1-,.., if _ 1 -r Exhibit A , 11111 Illaii tM0—CR 26. • I1IiIII! Water Contract Location Map mill iiii,„-ii, Ely :, 'FM as J City Limits zu I. 7 pr. : 'o i ... Subject Property to Of —1 ,I� cc • CR 22I v, u T...�.._-_ '_�1. 1NqNq 5' -4 V ■ �� Date Created:6/27/2022 Department of Development Services Projected Coordinate System:NAD_1983_StatePlane Texas_South_FIPS_4205_Feet Projection:Lambert_Con/ormal_Conic I 1 1 Nueces County Kara Sands Nueces County Clerk 'VG-61-2022-2022056345' Instrument Number: 2022056345 Official Public Records CONTRACT Recorded On: December 21, 2022 02:36 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $37.00 _,,,,,,,,, STATE OF TEXAS i G•� •tY CO04,411 Nueces County f* �. *# I hereby certify that this Instrument was filed in the File Number sequence on the date/time „ �� ,i printed hereon, and was duly recorded in the Official Records of Nueces County,Texas Ip r/\a AF, ii -oNl1ECi.ev'-f Nueces County Clerk i4<i9J\o— , -C,"pQa) 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: 2022056345 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20221221000093 2406 LEOPARD STREET Recorded Date/Time: December 21, 2022 02:36 PM il User: Lisa C CORPUS CHRISTI TX 78408 Station: CLERK04.nuecescc.local