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Home My WebLink About021845 ORD - 01/04/1994AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN OUTSIDE CITY LIMITS WATER SERVICE CONTRACT WITH GENE GRAHAM, PRESIDENT OF COUNTRY CREEK PARTNERS, INC., FOR THE PURPOSE OF PROVIDING WATER TO 39.39 ACRES OF LAND OUT OF COUNTRY CREEK SUBDIVISION UNIT 2, BLOCK 1, LOTS 1 THROUGH 12, AND BLOCK 2, LOTS 1 THROUGH 20. 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 Gene Graham, President of Country Creek Partners, Inc., for the purpose of providing water to 39.39 acres of land out of Country Creek Subdivision Unit 2, Block 1, Lots 1 through 12, and Block 2, Lots 1 through 20, as more fully set forth in the Agreement, a substantial copy of which is attached hereto and made a part hereof marked Exhibit A. AG5000.453.ajr C, 1845 MICKEILMED 0 STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS THE STATE OF TEXAS COUNTY OF NUECES THIS CON TRACT AND AGREEMENT made and entered into in duplicate originals by and between Country Creek Partners, Inc. Address: 6000 S. Staples, No. 403 Corpus Christi, Texas 78413 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: 39.39 acres of land out of Section 31, Laureles Farm Tracts, also known as Country Creek Subdivision Unit 2 Block 1, Lots 1-12 and Block 2, Lots 1-20. Recorded at Nueces County, Volume 55, Page 186. 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. • H City agrees to deliver City water to such property or to waterlines thereon, in 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. IV 11' 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 be terminated. VI All connections to the City water system shall be subject to the same rules and regulations regarding standards of delivery of water service, including installation 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 above conditions shall be binding upon the successors and assigned of the said Owner(s) and each of them, and shall constitute covenants running with the land. WITNESS OUR HAND, this day of CITY OF CORPUS CHRISTI, TEXAS. By City Manager Al IEST: City Secretary APPROVED: �I 4 - • 5c4. City Atto aDQaWOO Iison 6a-1(c.wt ,19 LIENHOLDER: COUNTRY CREEK PARTNERS, INC. THE INTERNATIONAL BANK BYC� BY %J1d/e:1‘2ea erten Pruett, Treasuer Chairman of the Board /Pre dent ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by Juan Garza, as City Manager of the City of Corpus Christi a Texas Municipal Corporation, on behalf of said Municipal Corporation. STATE OF TEXAS COUNTY OF NUECES , 19 Notary Public, State of Texas ACKNOWLEDGEMENT This instrument was acknowledged before me on December 6, 1993 by Gene Graham as President of Country Creek Partners, Inc., a Texas Corporation, on behalf of said corporation. Notar ' ublic, State of Texas ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Drees,. def, /‘ 19f 3 by Terrell Pruett as Treasurer of Country Creek Partners, Inc., a Texas Corporation on behalf of said corporation. VICKIE L. LINDSEY Notary Public STATE OF TEXAS My Comm. Exp. Aug 5, 1995 STATE OF TEXAS COUNTY OF NUECES Notary Public, State of Texas ACKNOWLEDGEMENT This instrument was acknowledged/before me on 77ee i?hfr /G , 19 7g by }�l9,e%v /74A,, as Chairman of the Board/President of the International Bank, a State Bank association on behalf of said State banking association. VICKIE I.. L!NDSEY Notary Funlic STATE CF TEXAS My Comm. Exp. Aug 5, 1995 // "4,2,7 Notary Public, State of Texas I I r 7 8 I 6 ✓ r .. 10 .-1C��>o 40,427.13 50.60. ,<41-1°C, MS4 454 OTt 5\ 48.427.13son. G I EAST )COUNTRY CREEK UNIT ,1 VOL. 55, PGS. 25-26, M.R.N.O.T. 5 4 3 EAST 1290.00' T 05. 9t_ r-51 • ATTACHMENT "A" 6�11� 2 272.50' FAST 292.50' 1--i-- �s2 u1• _ 1 y\ 544.611`�9 SO or. \ sAs),S 4 wu4r 5 292.50' 6 4659701 SO R. _ fir. .Asor.��.[ (., 1566!' 156.0.V 101.42' J G1 B.15' 1 44_ 1.2t1-*--_ 65 . �EE� QTS€04'K C4 S 04'1]'27 260.5]' _4 O 156.104' 104.42' h9 0400.23843 t. \20 • (° a£Ia 3a 43.566.50 so60. v. u49,618.45 0 n \ w Gs g 5. O "1 Ob , FAST SS (y1 265.15' 119.9]' iVU e1 1 RIVF 5-54T/IT 109.20' 53.646 19 50.n. 313.79' 270.65 352.73 50.n. 43.969.96 SO. t 8 CAST 282.43' \13 293.21' 291.64' 8 .▪ . .. 45.708.52 50.61. 45.696.65 SO 60. 292.50' 292.50' 5 292.50 17 43.651 46 50 R. 5,117.15 50'1. 272.50' 272.50' 272.50' F 49.090.16 55060. a pc - 322 50' 45.45265 SO.60. .e.ux.5 sort. �� "-� ., 5 61 5060. noµ.[ Va 372.50' J fin' 2.412.8 322 50' WEST 1290.00 SECTION 31 LAURELES FARM TRACTS VOL. 3, PGS. 15, M.R.N.C.T. W. C. BARNARD 20421 IW 50 100 200 IS INNEN 11.111111=1:1= T r 140 IMP That the foregoing ordinance was read for the first time and passed to it second reading on this the 21"day of 19 9 , by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss That the foregoing ordinance was read for passed finally on this the t/ day of 19 cit , by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria PASSED AND APPROVED, this the 19 fly . ATTEST: 7/ City Secretary APPROVED: 1f5 DAY OF A yub.z6 the second .444 Edward A. Martin Dr. David McNichols David Noyola Clif Moss day of time and 1 -40) r MAY THE CITY OF CORPUS CHRISTI JAMES R. BRAY, JR., CITY ATTORNEY B�1� Gtt g.uJP.-`b Assistant (City Attorney D \forms\044 AG5000.453 , 197'3 0218 5