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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 :,tw, E ,,rte ~~~~"R~~IF ~. 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 V l 1