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Home My WebLink About021810 ORD - 11/23/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN OUTSIDE CITY LIMITS WATER SERVICE CONTRACT WITH MARK P. BRATTON, TRUSTEE OF STAPLES-EVERHART LAND COMPANY FOR THE PURPOSE OF PROVIDING WATER TO 8.64 ACRES OF LAND OUT OF BOTANICAL GARDENS SUBDIVISION UNIT 1, LOTS 12 THROUGH 18, BLOCK 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is hereby authorized to execute an Outside City Limits Water Service Contract with Mark P. Bratton, Trustee of Staples - Everhart Land Company, for the purpose of providing water to 8.64 acres of land out of Botanical Gardens Subdivision Unit 1, Lots 12 through 18, Block 1, as more fully set forth in the Agreement, a substantial copy of which is attached hereto and made a part hereof marked Exhibit A. AG5000.418.ajr 021810 M1GROEILMED STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into in duplicate origin. Is by and between MARK P. BRATTON, TRUSTEE OF STAPLES-EVERHART LAND CO. Address: P.O. BOX 6277 CORPUS CHRISTI, TEXAS 78466 Owner(s), hereinafter called "Owner(s)" and the CITY OF CORPUS CHRISTI, TEXAS, a home rule city of more than 200,000 population, a municipal corporation and body politic under the laws of the State of Texas, situated in Nueces County, Texas, hereinafter called "CITY", for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated, WITNESSETH: I That Owner(s) are owner(s) in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, generally delineated on the map attached hereto and marked "Exhibit A" and being more particularly described as follows, to -wit: BOTANICAL GARDENS UNIT 1 LOTS 12 THRU 18, BLOCK 1 Nueces County Map Records, Volume 55, Page 197 Such property is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, such property is not principally used for port -related industry, as defined by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi. II City agrees to deliver City water to such property or to waterlines thereon, it accordance with Rules and Regulations promulgated and authorized by Sections 55-110 • 55-114 as amended, of the Code of Ordinances, City of Corpus Christi. f Owner(s) agree(s) to construct all improvements on such property in accordance and compliance with all City Codes and regulations and to obtain all City permits as though such property were inside the City. Owner(s) consent(s) to allow inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of said Codes and Regulations. Owner(s) agree(s) that as to any improvements the applicable Codes and regulations shall be those in effect at the time of commencement of such improvements. IT IS AGREED by and between the parties hereto that the above described land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi; and Owner agrees to annex said property within the effective date of such annexation being the date when the property becomes adjacent to the city limits, or will become adjacent to the city limits by any type of simultaneous annexation of other properties, or at a later date to be solely determined by the City Council. V Owner(s) agree(s) and understand(s) that a breach of the aforesaid covenants and condition shall render Owner(s) liable to termination of the delivery of water, and upon a finding of fact by the City Manager that any of the aforesaid covenants or conditions have been materially breached, the delivery of water to owner shall bi terminated. VI All connections to the City water system shall be subject to the same rule and regulations regarding standards of delivery of water service, including installatioi and disconnections for failure to pay charges, as consumers within the City limits. VII IT IS AGREED by and between the parties hereto that all of the abovo conditions shall be binding upon the successors and assigned of the said Owner(s) am each of them, and shall constitute covenants running with the land. WITNESS OUR HAND, this CITY OF CORPUS CHRISTI, TEXAS. By City Manager ATTEST: City Secretary APPROVED: Jp5st City Atto�ny appnr1 ��` day of ,19 Trustee of Staples -Everhart Land Company THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of , 19 by Juan Garza, City Manager for the City c Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged befo e me on this the /59day of ,XeAees , 19eby/fes �. `42 i,._. tacc-zz Trustee 6f Staples -Everhart Land co 7 CHRISTINA S. FLORES NSTATEOF TTEEXASS w� Not. Public in and for the State of Texas 2 8 a Q Y M 0_ co 0 0 0 0 0 O Z Cn ooSll 1SV3 co /• •cr, J -i- se- Z' GLP am / Oil co 1/42 240.00' / 7 EAST 2 // / y Z0 202 h4) N / .8pN . Opr<0ti 0 O 0 N fYBf- t.ZS.S8 N 1 .zs SSt M 1S.617.SB N M N o w� N z Y W N Q.o � a 350.24' 0 0 V 0 Q U EAST r. 00. - O arr) < Ici 1Q, W r N 36166' EAST Q \ N 0 • o a Z \ 0 in ei 38L66' I 'j 0 EAST 0 I 0 'a �j� N ® 0 s 1T58'5°, W 426.89' Oche LL 0 z 0 6 O a- N 0 wm ,-0 P 0¢ W W 0 F W J Cr. zu+- J� Q v zdw - r as z 0401 844 0-0000 N W 0 z (1) TOTAL PLATTED AREA CONTAINS 8.64 ACRES OF LANO. id 0 3> bO.b 0 rc .S ` cc 5H s Eob- W W z ; 9 3 ¢ F • 2 O O O N b mow w %F vi N nm O F< Z 0 na W 0 _ u V o 5 < 0 ` E O y < E .`s g ad po oo ea h z .S -' 0 Q o` u iz0 iw bg L., z z 0.'n w I e- 0 K U 2 co taJ N La 1u zl czcc F < O 00 O 0 BOTANICAL GARDEN SUBDIVISION UNIT LOTS 12 THRU 18, BLOCK 1 That the foregoing ordinance was read for the first time and passed to it second reading on this the (�c day of !�f �2,•r��z% 1 19 T3 , by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria That the foregoing ordinance was passed finally on this the 23 19 i3 , by the following vote: Mary Rhodes l Ly, Dr. Jack Best Melody Cooper OkkaliAAA Cezar Galindo Betty Jean Longoria O1L_ PASSED AND APPROVED, this the 19 O . ATTEST: Edward A. Martin Dr. David McNichols auv David Noyola CtiticleAe t Clif Moss read day vL- for the second time and of UVQ nA..bc r Edward A. Martin Dr. David McNichols David Noyola Clif Moss Outivz 23 day of kkhdr- Yrbt kr City Secretary MAYOR THE CITY(O_FRPUS CHRISTI APPROVED: DAY OF v'-1{ ;k.t_q JAMES R. BRAY, JR., CITY ATTORNEY ,A �J E (4,44)-A,_u_ii acv tki Assistant ity Attorney \forms\044 021810 __ 195