HomeMy WebLinkAboutC2010-021 - 2/9/2010 - ApprovedCONTRACT 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 triplicate originals by
and between Derek and Esmeralda Henderson ("Owners"), whose address is 3106 Alta
Gigonelia, Corpus Christi, Texas 78415; Kevin M. Maraist, Trustee ("Trustee"), whose
address is 1001Third Street, Suite 1, Corpus Christi, Texas 78404; First Community
Bank ("Vendor' Lienholder"), whose address is 14254 South Padre Island Drive, Corpus
Christi, Texas 78418; Jared W. Dreiling, d/b/a New Dawn Construction ("Builders and
Mechanics Lienholder"), whose address is 510 E. Broadway Blvd., Portland, Texas
78374; and the City Of Corpus Christi, Texas ("City"), a home rule city of more than
250,000 population, a municipal corporation and body politic under the laws of the State
of Texas, for good and valuable consideration in hand received by the parties
respectively and upon the covenants and conditions stated in this contract.
WITNESSETH:
I. That Owners are owners in fee simple and of all existing rights, titles, and interests in
of all the following described property located in Nueces County, Texas, which is
situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and
further, the property is not principally used for port-related industry, as defined by
Section 55-111, Code of Ordinances, 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:
London Club Estates, Block 7, Lot 15
II. That Trustee has a deed of trust security agreement -financial statement, recorded
in the official records of Nueces County as Document #2009050597 on 12/17/09, on the
following described property located in Nueces County, Texas, which is situated partly
or wholly beyond the corporate limits of the City of Corpus Christi, and further, the
property is not principally used for port-related industry, as defined by Section 55-111,
Code of Ordinances, 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:
London Club Estates, Block 7, Lot 15
III. That Vendor's Lienholder has a warranty deed with vendor's lien, recorded in the
official records of Nueces County as Document #2009050595 on 12/17/09, on the
following described property located in Nueces County, Texas, which is situated partly
or wholly beyond the corporate limits of the City of Corpus Christi, and further, the
nronertv is not nrincina~~y used for port-related industry, as defined by Section 55-111,
2010-021
M2010-028
02/09/10 Page 1 of 5
Henderson, Derek &Esmeralda '~®EX~D
Code of Ordinances, 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:
London Club Estates, Block 7, Lot 15
IV. That Builders and Mechanics Lienholder has a builders and mechanics lien contract
of improvements (with transfer of lien), recorded in the official records of Nueces County
as Document #2009050596 on 12/17/09, on the following described property located in
Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of
the City of Corpus Christi, and further, the property is not principally used for port-
related industry, as defined by Section 55-111, Code of Ordinances, 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:
London Club Estates, Block 7, Lot 15
V. City agrees to deliver City water to the property or to waterlines on the property,
under rules and regulations promulgated and authorized by Sections 55-111 as
amended, of the Code of Ordinances, City of Corpus Christi.
VI. Owners, Trustee, Vendor's Lienholder, and Builders and Mechanics Lienholder
agree to construct all improvements on the property in accordance and compliance with
all City codes and regulations, and to obtain all City technical construction permits as
though the property were inside the City. Owners, Trustee, Vendor's Lienholder, and
Builders and Mechanics Lienholder consent to allow inspections of all of the
construction of duly authorized inspectors or representatives of City departments
charged with enforcement of the codes and regulations. Owners, Trustee, Vendor's
Lienholder, and Builders and Mechanics Lienholder agree 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.
VII. IT IS AGREED by and between the parties to this contract 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
the Owners, Trustee, Vendor's Lienholder, and Builders and Mechanics Lienholder
agree to annex the property within the effective date of the 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.
VIII. Owners, Trustee, Vendor's Lienholder, and Builders and Mechanics Lienholder
agree and understand that a breach of the covenants and conditions in this contract
render Owners, Trustee, Vendor's Lienholder, and Builders and Mechanics Lienholder
liable to termination of the delivery of water by the City, and upon a finding of fact by the
Page 2 of 5
City Manager that any of the covenants or conditions in this contract have been
materially breached, the delivery of water to owner will be terminated.
IX. All connections to the City water system are 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.
X. IT IS AGREED by and between the parties to this contract that all of the above
conditions shall be binding upon the successors and assigned of the Owners and each
of them, and constitute covenants running with the land.
WITNESS OUR HAND, this ~` ' day of ~ct,~~,r , 2010.
Owners(s): Derek and Esmeralda Henderson
~d
Derek Henderson
~~
Esmeralda Henderson
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this theo~~ day of ~~
2010 by Derek Henderson.
~~~
Notary Public, tate of Texas
THE STATE OF TEXAS §
e4PR«P ~ 'e'.F4N4"?.4.iS9Yr'+~7 Ye-~~ ~.>~'
a '^.. ~~ r
COUNTY OF NUECES §
This instrument was acknowledged before me on this the ~ day of
2010 by Esmeralda Henderson.
Notary Public, tate of Texas
~~~~ ~~'~~3t~ A
~,~d~ ~~ `~'~~
w.,.. ~c~,?!F
~'~rtasa ~~~ ~~d~~'!~~'9 9
e
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~. 4.
Page 3 of 5
Trustee -Kevin M. Maraist
KQJ,K , _.
Kevin M. M raist
Trustee
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the ~`~~ day of Sa,~o~,~ ,
2010 by Kevin M. Maraist, Trustee, on behalf of the trust.
~'' ~' ,.a~';~ MARTHA ALVAREZ
1 ' ° ; Notary Public
".~~J STATE OF TEXAS
State of Texas ~.'„~~-~' My Comm. Exp. 02-13.2010
Nota Public,
Vendor's Lienholder -- First Community Bank
~---
it Gra am
Vice President
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the v ~ day of ,
2010 by Miles Graham, Vice President, First Community Bank, on behal of the bank.
Notary Public, tate c~ Texas
~~~~~ ~ ~" KIMBERLY KAYOS
~4t'awpa`,i~P
Notary Public
` ~ ` STATE QF TEXAS
~~,,,,~` My Comm. E>q~. 09-12-2011
Page 4 of 5
Builders and Mechanics Lienholder -Jared W. Dreiling, d/b/a New Dawn
COUNTY OF NUECES §
This instrument was acknowledged before me on this the ~ day of ,
~A-~0 by Jared W. Dreiling.
Notary Publj~, State of Texas
City of Corpus Christi
~~;K"'y~; SANDY K. pREILIN(i
*• :* MY COMMISSI01~ EXPIRES
;~, •a,• pecembet 31,701 t
r
G~y^''
'Angel scobar
City anager
APPROVED AS TO FORM:
R. J R Wing
F' st As istant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
~V.~ ".- ~ :.~. AUTHUI~I~ED
ar c~o~rrci~....~~~~~~f~
sEC~~ii~+~ 1~b
ATTEST:
. _.
Armando Chapa
City Secretary
This instrument was acknowledged before me on this the ~~-day of
~ _, 2010, by 'Angel R. Escobar, City Manager, City of Corpus
C isti, a Texas m icipal corporation, on behalf of the corporation.
Notary Pu ic, State Texas
,,,.,.
"` ~ HOLLY HOUGF(rpN
MY COMMISSKNV EXPIRES
_~ ~ti September 24, 2012
Page 5 of 5
H:\PLN-DIR\SPECIAL SERVICES\PLATS\WATER CONTRACT\LONDON CLUB ESTATES\WATER SERVICE CONTRACT.01212010.DOC
THE STATE OF TEXAS §
Doc# 2010005367' �`J
M 0. 1 M� � 11
AM
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 triplicate originals by
and between Derek and Esmeralda Henderson ( "Owners "), whose address is 3106 Alta
Gigonelia, Corpus Christi, Texas 78415; Kevin M. Maraist, Trustee ( "Trustee "), whose
address is 1001Third Street, Suite 1, Corpus Christi, Texas 78404; First Community
Bank ( "Vendor' Lienholder "), whose address is 14254 South Padre Island Drive, Corpus
Christi, Texas 78418; Jared W. Dreil'ing, dlbla New Dawn Construction ( "Builders and
Mechanics Lienholder "), whose address is 510 E. Broadway Blvd., Portland, Texas
78374; and the City Of Corpus Christi, Texas ( "City "), a home rule city of more than
250,000 population, a municipal corporation and body politic under the laws of the State
of Texas, for good and valuable consideration in hand received by the parties
respectively and upon the covenants and conditions stated in this contract.
WITNESSETH:
I. That Owners are owners in fee simple and of all existing rights, titles, and interests in
.of all the following described property located in Nueces County, Texas, which is
situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and
- further the - property is not - principally used for port- related industry, as- defined -by -- -- - - -
Section 55 -111, Code of Ordinances, 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:
London Club Estates, Block 7, Lot 15
li. That Trustee has a deed of trust security agreement - financial statement, recorded
in the official records of Nueces County as Document #2009050597 on 12117109, on the
following described property located in Nueces County, Texas, which is situated partly
or wholly beyond the corporate limits of the City of Corpus Christi, and further, the
property is not principally used for port- related industry, as defined by Section 55 -111,
Code of Ordinances, 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:
London Club Estates, Block 7, Lot 15
III. That Vendor's Lienholder has a warranty deed with vendor's lien, recorded in the
official records of Nueces County as Document #2009050595 on 12117109, on the
following described property located in Nueces County, Texas, which is situated partly
or wholly beyond the corporate limits of the City of Corpus Christi, and further, the
property is not principally used for port- related industry, as defined by Section 55 -111,
Page 1 of 5
f! A r
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence an the date and at the
time stamped herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
'p,
a
\•W''.,.11 iir4.:.ty 9 fi .:tor
Diana T. Harrera
NUECES COUNTY, TEXAS
Any provision herein which restricts the Sale, R
ental or use
of the described REAL PROPERTY because of Race,
Cnlar,
Religion, Sex, Handicap, Familial Status, or Nat
ional Origin
is invalid and unenforceable under FEDERAL LAW,
311
Doc# 201 0005357
# Pages b
021171ffff 3 :11th
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $35.00
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