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Home My WebLink AboutC2025-088 - 5/15/2025 - 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 CAYETANO DIAZ and HERMELINDA DIAZ (referred to in this Agreement as Owner), whose address is 3033 ROSE PETAL DR., CORPUS CHRISTI, TEXAS 78415 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: 0.122 ACRE TRACT OF LAND, BEING PART OF LOTS 18 AND 20, OF ROSE ACRES, BEING AN ADDITION TO NUECES COUNTY, TEXAS, AS SHOWN ON MAP RECORDED IN VOLUME 9, PAGE 12, MAP RECORDS OF NUECES COUNTY, TEXAS Commonly known by its street address as 3033 ROSE PETAL DR., Corpus Christi, TX 78415 Also known as Nueces County Appraisal District Property ID: 507920 Section 2. Subdivision of Property Any future subdivision of the Property shall be in compliance with the Texas Local Government Code, Chapters 212 and 232. 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 such construction by duly authorized inspectors or City representatives charged with enforcing 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 water service delivery standards as consumers within the City limits, including installation and Standard Form Agreement 4/23/2025 BB SCANNED Page 1 of 4 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. Water Conservation The Owner agrees to comply with all current and future provisions of the City's Water Conservation Measures, including the City's Drought Contingency Plan, as adopted and amended by the City Council. This includes adherence to any water use restrictions, conservation measures, or drought response stages implemented by the City. Failure to comply with these plans may result in a reduction, restriction, or interruption of the flow or delivery of water or termination of service, or other measures as authorized by law. Section 7. Water Flow At its sole discretion, the City reserves the right to reduce, restrict, or interrupt the flow or delivery of water to the Property as may be necessary to maintain the integrity, functionality, or operational efficiency of the water supply system. Such actions may be taken to respond to system maintenance, emergency conditions, drought, infrastructure limitations, regulatory compliance, or any other condition requiring such measures in the City's judgment. Section 8. 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 9. 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 constitute a covenant running with the land. Section 10. Termination The City Manager or designee may terminate this contract at will upon failure to comply with any of the conditions of the Agreement. Section 11. 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 12. 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 4/23/2025 BB Page 2 of 4 EXECUTED IN ONE ORIGINAL OWNER: CAYETANO DIAZ and HERMELINDA DIAZ Ci_ 071,,,,,,c_fb CAYETANO DIAZ, OWNER STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the q day of , 20 byQPY0Q(jO D1AA,OWNER. REBECU R PENA ` I '� Notary ID#132465884 I z�� - My Commission Expires `t' May 6, 2028 1 Notary Public, State o exas OWNER: C YETANO DIAZ and HERMELINDA DIAZ i HERM LINDA DIAZ, CO-OWNER STATE OF TEXAS § § COUNTY OF NUECES § 1 This instrument was acknowledged bd. - - on this the S day of __ �.A , 20by HERMELINDA DIAZ, CO-• ' NER. AI , . • � ' ' ,) 'fermi Notary Public, State 716 -xas e.►►''v, REBECU R PENA Notary ID 41 3 246 5 884 : My Commission Expires May 6, 2028 Standard Form Agreement 4/23/2025 BB Page 3 of 4 City of Cor hristi: By: f ael Dice Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 1 5- day of M It , 20 5 , by Michael Dice, Director of Development Services Department, of City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said municipal corporation. -.;%:!.�,, GRACE SANTANA `�`f;_Notery Public,State of Texas 1 Notary 1613' •80207 APPROVED AS TO FORM: AL,i ' A Buck Brice Deputy City Attorney for the City Attorney Standard Form Agreement 4/23/2025 BB Page 4 of 4 EXHIBIT A sdNw I r 11 N i' ..' iii.._. ._ g f a;' . . :07 -441 , ,., . ,...., It •••••0! 11*-- •„..,, ., • „ i - :10-*. 1.- rit 1033 Rose Petal Dr ► . i # --'' t ..500 :r_ I . . it, '.. —..--t . t �- g. rat .... i- , firs I 0 250 500 US Feet OCL Location Map 1033 Rose Petal Dr City Limits Rose Acres, Lots 18 and 20 / 9 o,ous c'y9 o ''" > Project Location +� � • r . 1..) y \. 5,1 * - 0 L...,..%I AIWYiISIPLY ,C1, ,sue. In .•__tI__r:--V--- -- _-.: 11--_r'-- a______. Nueces County Kara Sands Nueces County Clerk *VG-50-2025-2025018291* Instrument Number: 2025018291 Official Public Records AGREEMENT Recorded On: May 22, 2025 11:28 AM Number of Pages: 7 " Examined and Charged as Follows: " Total Recording: $40.00 ",,,,� STATE OF TEXAS 4�JN1Y CO11',�l Nueces County ;* I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Records of Nueces County,Texas r/\a Q% 4y S �% ,Il o x, Kara Sands �,`S~' 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: 2025018291 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20250522000063 2406 LEOPARD STREET Recorded Date/Time: May 22, 2025 11:28 AM User: Lorena G CORPUS CHRISTI TX 78408 Station: CLERK04.nuecescc.local