HomeMy WebLinkAboutC2023-061 - 4/28/2023 - NA WATER SERVICE CONTRACT FOR SINGLE LOT OWNERS
WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS
Whereas, the City Manager or designee is authorized to execute water service contracts
meeting all of the requirements in Chapter 55, Article VIII of the Corpus Christi Code when the
contract is for a subdivision of two lots or less per Corpus Christi Code Sec. 55-113.
This Water Service Contract ("Agreement") is entered into between Stall Maris Custom Home
Builders, LLC (referred to in this Agreement as Owner), whose address is P.O. Box 271623
Corpus Christi, TX 78427 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:
Lot 12, Block 2, The Promenade, also commonly known by its street
address as 729 Battle Creek, Corpus Christi, TX 78415
Section 2. Subdivision of Property Prohibited
The Owner agrees to utilize the water service only for the Property subject to this Agreement.
The Property cannot be subdivided, nor will water service be allowed to service any other
property.
Section 3. 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.
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 4. 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 5. 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 6. Backflow Devices
Page 1 of 4
SCANNED
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 7. 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 8. 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 9 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 10. 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.
Page 2 of 4
EXECUTED IN ONE ORIGINAL
OWNER: Stella Maris Custom Home Builders, LLC
Adrian Hernandez, Owner
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on this the IC{ day of h 1 ,
2023, by Adrian Hernandez, Owner on behalf of Stella Maris Custom Home Builders, LLC.
L. � ", .._.-.....,^
,I /
."--MMONIQUE PINEDA Notary Public, State of Texas
-6 ID# 13092088-7
;`� Notary Public
P, OF TEXAS
My Comm.' STATEExp. 12-05-2024
No-wvvvvvv
Page 3 of 4
City of Corpus ' '
By: ail ilzaW
Ar.ert . Ray 'rid III ,��a�:��,; JOANN SALINAS
Direct.r of D:, elopment Services __ _Notary Public,State of Texas
Comm. Expires 03-02-2026
Notary ID 133621810
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this 73 r6 day of
20�nj, by Albert J. Raymond Ill, Director of Development Services Departm t, of the City of
Corpus Christi, a Texas home-rule municipal corportion, on behalf of said corporation.
I
Notaryiublic, State of Texas
APPROVED AS TO FORM:
6Vt/CA'
Buck Brice
Assistant City Attorney
for the City Attorney
Page 4 of 4
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Projected Coordinate System:NAD_1983_StatePlaneTexas_South_FIPS_4205_F
Projection:Lambert Con/ormal_Co
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Nueces County
Kara Sands
Nueces County Clerk
*VG-61-2023-2023015750'
Instrument Number: 2023015750
Official Public Records
CONTRACT
Recorded On: May 04, 2023 02:40 PM Number of Pages: 6
" Examined and Charged as Follows: "
Total Recording: $37.00
vu STATE OF TEXAS
i--tvlY Coo i, Nueces County
* a, *#Ii I hereby certify that this Instrument was filed in the File Number sequence on the date/time
00 J' IN i printed hereon, and was duly recorded in the Official Records of Nueces County, Texas
is r1\a Qi
,II °P NUti��`S�.4" Kara Sands
h"‘,. 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: 2023015750 DEVELOPMENT SERVICES CITY OF CC
Receipt Number: 20230504000144 2406 LEOPARD STREET
Recorded Date/Time: May 04, 2023 02:40 PM
0 User: Brenda R CORPUS CHRISTI TX 78408
Station: CLERK01