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Home My WebLink AboutC2023-072 - 5/22/2023 - 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 Stella Maris Custom Home Builders, LLC (referred to in this Agreement as Owner), whose address is 6722 Kram St., Unit 306, Corpus Christi, Texas 78413, Prosperity Bank (referred to in this Agreement as Lienholder) whose address is 4115 South Staples, Corpus Christi, Texas 78411, 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 14, Block 2, The Promenade, also commonly known by its street address as 2018 Magnolia Falls, 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. Standard Form Agreement 6/2/2022 BB Page 1 of 4 SCANNED Section 6. 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 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. Standard Form Agreement 6/2/2022 BB Page 2 of 4 EXECUTED IN ONE ORIGINAL OWNER: Stella Maris Custom Home Builders, LLC drian ernandez, President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged b e o • e 5 day of M.&t- 2023, by Adrian Hernandez , Presid nt on b - .. of Stella ns Custom Home Builders, LLC. 4 fi> _ PINEDA . '2088-7 Notary Public, State of Texas t*N. t,'^ blit • ; r �A IL A A A A A A A ik„ 05-2024 ' 0 �t�R!'P e: MONIQUE PINEDA / , ==r A ID# 13092088-7 `( •; Notary Public ' �'. i:"= STATE OF TEXAS LIENHOL r ER: P osperity B / '••// 0F„` e My Comm. Exp. 12-05-2024 Im Pic174rieniZVice President STATE OF TEXAS § COUNTY OF NUECES § Thiristrument was acknowledged before me on this the/d day of / / 20 by Jim Pickett , Senior Vice Pt�sident on behalf of Prosperity Bank. 6/r.A.."1/.;.2- GG �22�/l97 �`�PPY,POB, BAMBI CUNNINGHAM _ otary Public, State of Texas Notary Public,State of Texas 0". TA . Comm.Expires 11-07-2026 '',4.6 -,,s Notary ID 330697-9 Standard Form Agreement 6/2/2022 BB Page 3 of 4 City of Corp = • risti: i , yin'' JOANN SALINAS `�'`'µY Pvb'i By: ` !LiJ _?: <,%,Notary Public,State of Texas ' b: . 'aymond III ?`�; ,oF +4 Comm.Expires 03-02-2028 Dir., for , Development Services '''��u,i��` Notary ID 133621810 STATE OF TEXAS § COUNTY OF NUECES § 14 This instrument was acknowledged before me on this - day of , 20M by Albert J. Raymond Ill, Director of Development Services Departmen f the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. N )-QA Notary ic, tate ofexas APPROVED AS TO FORM: 5 - I( - '-f?1/1"(-}1 gl;(--'<.. Buck Brice Assistant City Attorney for the City Attorney Standard Form Agreement 6/2/2022 BB Page 4 of 4 Nueces County Ali Kara Sands Nueces County Clerk *VG-61-2023-2023018122* Instrument Number: 2023018122 Official Public Records CONTRACT Recorded On: May 22, 2023 11:31 AM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $33.00 STATE OF TEXAS �D�C1tY COGgritl Nueces County *g,� I hereby certify that this Instrument was filed in the File Number sequence on the date/time c, printed hereon,and was duly recorded in the Official Records of Nueces County,Texas ?' NUB��c~�, Kara Sands ,,Nueces County Clerk Cn _ ..... `o_ 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: 2023018122 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20230522000074 2406 LEOPARD STREET Recorded Date/Time: May 22, 2023 11:31 AM User: Randall N CORPUS CHRISTI TX 78408 Station: CLERK02 rl i 'cEOFT. + -v� Kara Sands . � Nueces County Clerk Gti 901 Leopard St #201 Y of N Corpus Christi, TX 78401 Main: (361)888-0580 Receipt: 20230522000074 Date: 05/22/2023 Time: 11:31AM By: Randall N Station: CLERK02 Status: ORIGINAL COPY Balance After Finalization: $7,035.00 Seq Item Document Description Number Number Of Amount Serial Number 1 Official Public Records CONTRA 2023018122 5 $33.00 Order Total (1) $33.00 Seq Payment Method Transaction Id Comment Total 1 Company Account 3618263441 $33.00 Total Payments (1) $33.00 Change Due $0.00 DEVELOPMENT SERVICES CITY OF CC 2406 LEOPARD STREET CORPUS CHRISTI, TX 78408 For more information about the County Clerk's office and to search property records online, please visit htto://www.nuecesco.tom/county-services/county-clerk 1 of 1