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HomeMy WebLinkAboutC2010-572 - 4/20/2010 - ApprovedSTANDARD FORM CONTRACT FOR PROVIDING WATER AND WASTEWATER 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 Mike Parfington ( "Owner "), whose address is 1509 Green Grove Drive, Corpus Christi, Texas 78415 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 Owner is owner in fee simple and of all existing rights, titles and interests therein 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, as amended, 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: Rose Acres, Lot 2A II. 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 -70 and 55 -111 as amended, Code of Ordinances, City of Corpus Christi. III. City agrees to deliver City wastewater to the property or to wastewater lines on the property, under rules and regulations promulgated and authorized by Sections 55 -70 as amended, Code of Ordinances, City of Corpus Christi. IV. Owner agrees to construct all improvements on the property under all City codes and regulations, and to obtain all City technical construction permits as though the property were inside the City. Owner consents to inspections of all of the construction by duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. 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. V. 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 of the City, 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 Owner 2010 -572 Page 1 of 3 04/20/10 M2010 -085 Partington, Mike INDEXED agrees to annex the property within the effective date of the annexation being the date when the property adjoins the City limits, or will adjoin 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. Vl. Owner agrees and understands that this contract constitutes a petition for annexation under Section 43.028, Texas Local Government Code. VII. Owner agrees and understands that in addition to any other remedies available to the City, a breach of the covenants and conditions in this contract render Owners liable to termination of the delivery of water by the City, and upon a finding of fact by the 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. VIII. 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. 1X. 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 Owner and constitute covenants running with the land. WITNESS OUR HAND, this day of (� �j , 2011. Owner: Mike Partington Mike Partington THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the ,Y day of DtW2K , 2011 by Mike Partington. Notary Public, State of Texas N . MAAfA MAODAMM MEDRANO MY COMMISSION EXPIRES November 30, 2012 Page 2 of 3 Rose Acres, Lot 2A, Mike Partington City of Corpus Christi Ronald L. Olson City Manager APPROVED AS TO FORM: R. Jam ei ng First Ass tant ity Attorney Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § This ir �strument was acknowledged b�uQ TjeRl ll�� t�s thery - day of , 2011, by Rdhald fsort, Cn TUB tiger, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas a,o�Pavpue� TAMERA L. RIL& n Notary Public STATE OF TEXAS My Comm. E xp, 05.28 -2012 M - Izo ( Page 3 of 3 Rose Acres, Lot 2A, Mike Pahington 518 ROD • 'i CARL L. DI) AINE. 3U3VCYOA P. C. FOX 3134, CORPUS CHRISTI. TEXAS S Q _ABEAIENT 1� 7. �'ROVIID LINE 2 -A s` 2-3 1g0,5Z-- A c A5, 4maftC��1$y BEING A REPLAT OP LOr'2, a 0 : +GREG' A 3VP:.I VISION OF '. UECCS '.;OUVTY, T EXAS, .; RK,On_60 I: THE �UUNTY AP ri ECGHD9 111 VOL. 9 1+1,L 1;4 OF SAIL:: n)L+iTY. �L::'DE "1 EL�l'491 , 7 TPTS 5 Q L ` SOD - 1 qt � L. Lot 1 w AER IAL "E6:IDXI; UTIL ITY C'O4FPAN IE5 ARE ALLOWED TO CUT OR •�- TA IN TRESS, SHRUBS, ETC AT A DISTANCE OF 15.' EACH SIDE THE It OF A UTILITY EFSEIAEHT AT A POINT 15.' ABOVE GROUND — E^ LINE. STATE OF TEXAS COMITY OF NUEcEs I, CARL L. DUAINE, A REGISTERED PUBLIC SURVETOR, DC HEREBY CERTIFY THAT I HAVE BEEN ENGAGED TO SURVEY AMC PLAT THE A_^uVE DESCRIBED PROPERTY. T; ".T HAS BEEN DONE AND THAT THIS I:AP 15 TRUE AMC CO4 ?ECT. THIC, THE 1LT _AY cr L "ARCH. 1955. .ARL STATE OF Tcus 3OU::TY :''F �'UECES 9UCEN L. {ANDIN AND TIFE, VELIA t . I ' -. :.._ - -1 111TlrY I�'T . 'I THE SOLE OWNERS OF VT 2�a, 903E "CnFS, TI1AT Y ;E H:'VE HAD 3',I0 LAND "UF,!'_YLJ AND PLATTED AB SHORN. THAT ALL PUBLIC UTILITY EA6C'T.I.TS A: *HO."', Air �E'DI " +.T= TO T11E PUBLIC FOR THE IFITAI.U. 1101!, qPC ^ -TI N AND l.!AIF'TEI'aIICE OF PL''L I; PTH_1TI- AND BE HERE: ADOPT THIS PLAT FJR THE PURPOSES OF CEScAIPTIIR: AND *.CLICATINI. THIS THE OF mm m, 1965. F,UBEH NDIN STATE OF TEXAS COUNTY OF I'''IJECE8 BEFORE ME, THE UNDERSIGNED) AUT!;GRITY, 'OH T:11,1 -'AY FL''301!ALLY AFI`EARED CEFORE NE, RUBEN L. LANDIF AND WIFE, VELik LANPIN, HW TO ME TO BE THE PERSONS WHOSE NAME IS CU CGCRIULM T's TPE AOOVE LEGAL II:_T. II'!E +.T AH. UIT FILCH AC KN01'ILECGE TO I:IE THAT THEY EXECUTM S'A'E FOR THE PVRpn; T-FRE_'IR EKPRE!i.'ED AND III THE CAPACITY STATED AHD THE LAIC VELIA LANDII., '�:IFE OF .UREN L. LAtIDIN, ON nl: ;a EXA'!INED BY NE PTJIVILY AMD AFAP.T FRO:' HEi: HUUB;!'L nMP HAVING [:!!E FULLY EKI LAINED TO HSR,, DIry ACKNO14LEDOE THE r 01C 1N5T'= U•'C';T TO OE HL- ACT AI;E DEED AND THAT � ^ TF H i E ,DIG NOT WANT TU RETRACT IT. _-IVEN "?IDEA VY HAND AND SEAL OF CFFICE Tk1= t--A-T .." OF AMM*. 1965. �— --= ��ty l:. PLAT ?,F'PRf.VE!1 Y THE .J :PU: .H'I:YI��,UCGE:. ..UF1TY HEALTH UNIT THE S — DAY OF 1' OTAFY FOR ARP. SP.I VEf,EF LOUtITy. TCXAS VJ PROVIC=D I' -7[R T!'AT ANY PRIVATE WATER "Pt LY ;,I*, OR, SEY?ERAGE SYSTEIA SHALL CE Ai PRC''f ED BY SAID r'EALTH ',I IT PR IGR TO INLTALLATI'.I'. STATE OF TEXAC COUNTY OF hUECES r � :r UCL I. .,. .^. OF TP: ITY IF -ORFU: !1::1 TI, ..k- 0 G w 1 LET 3 143,66' 37° 19 rp'^ 193.66* _.. c :,.AI`15A,:ET a ELLY LA'!:! "'i ^E'.E LSFCCi .T,t TE � ?F ie%AS TH13 L::T APPRO'JED I°Y TFIE ::EPARTI:C'T :r UCL I. .,. .^. OF TP: ITY IF -ORFU: !1::1 TI, ..k- ACK L. '. RAHAV, _..1 14ECTC9L / J TATE OF TEXAS ''OuuTY of 1 '1145 PLAT A'. �?`• "' :. Y' 7 �:. i:,� A.— %LA:,. -ii::. -,: I. - .: [: :: 7 THE :ITY Cr rnel•Ce :_HP..IETI. TEXA ^u, THC ,.. DAY ?F {J. 1 � PROVIDE:r H'1 •C T:'1T CFIO ;.PPAOVAL 3rCOI!79 FULL Alin V:,10 IIF TUI: Pl,'T 1 :."T FILE '� IT.::V: -1:: :'.: T... ^. CF THE U'TE A'.';:Y` - .i T:.TE Cr TEXAS -- AU.JTY OF UECES .:T;,TE OF TEXAS .OL - - t,TV OF ''UECES VIE, •SNTONIO ?'APRON AND e;IFE. .,/� j eE ,PADAON, TO IR ".EBY CL'•TIFY THAT R'_ ` e 111E COL£ CINERS OF LOT 2 -v, THAT WE HAVE HAD 'Ala T-AACT SUR%'CYCD 511^.: PLATTED AO AI {OWN. THAT ALI OTREETS ARE DECICATED DHOVIN, IHAT ALL EA:EMENT ^.� ARE DEDICA7EU TO TO THE PUBLIC FOR THE ^ s 1`:OT +LLATIIIN AHD 'O,VITENAN'OE OF PUBLIC UTILIIIES, AHD I4E HEREGY ADOPT 71113 PLAT FOR THE Pun ? 0{:C; or DE':CR I ?TIOI: AHO DEa 1CAT ION. THIS, THE 13TH PAY OF HPR1L, 1965. .r e. ey'ee1_ - - iSNTONIU PADnGN STATE of TEXAS COUNTY OF NUEGES I, 1, ns. HE'I ^.Y E �•OL'; En, '.LEPK OF TI:E 1:0"1'TY .:'U OF ''JCCCS . TEXAS, DO kLRE ^Y E E^TIFY T": ,T T4• A' -OVE CL %T TOGETHER 1 ITC cEATIFIC:.TE Cr AUTk _HT7 -ITY, WAS FILED ..ECrrD AT :y$ C'CLOCIt, AM, THE 9 D;.Y -iTLfIJI, 1;(1$ AND BIAS DULY r.ECC,'_L: L. THC P -UIITY Arl 'ECORD3 I.: VD4, - ! ::.G'c ���_�. • IY._N UMDFA "Y "All) AHD SEAL CF Ti'- .O'J::TY ;.'Y THE DAY, 11Ot:7H :,'!❑ YFf.1 ::H � :'I ; Al'CVF. 1PEC0l20SD 10V 6, 196S /►T d!Zn O'e /04K f1•M- f !L �R f /��nxr E.Gor r �' TY _. ;EIIDY .: .,�OitC n "'OUNTY LEAK �1/11Ee E6 d,. 7�X. PEFORE ME, THE UNDER514NED AUTIfCRITY ON THIS DAY PCROONALLY APPEARED BEFORE ME. ANTONIO PADRON AND WIFE, MV f R . �''ADRRN. KNOWN TO NE TG BE THE PERSONB WHOSE RAISER ARE SUBSCRIBED TO THE ABO E INSTRUMENT AND LID EACH ACKNOWLEEGE TO ME THAT THEY EKECUTED SAME FOR THE PURPOSE: THEREIN STATED AND IN THE CAPACITIES SHO?IN. ARC TH.. SAID �" PAr ON A'IFF OF ANTONIO FADRON, ON BEING EXAMINED BY ME 7A lVILV AND AFAR HER HUSBAND AND 11AVING SAME FULLY EXPLAINED TO HER, DID ACKNCNLEDCi' THE 'ABOVE INSTR )JMENT TO SE HER ACT AND DEED AND THAT SHE DID NOT WIGH YO RETXAOT. IT. ClVF! HNDER #'Y HARP AND SEAL OF OFFICE_ qs 13TH DAY OF APRIL, 4715. yb/�. \cw 'z, n �_10 ANNE tILLS - ,' , �,. Nle - In Lr r Chun:,. TD.., iiOY. AND OF wares COUNTY, TEXAO Na 682 929 ydX .�' FILED FOR RECORD 5 i ' FILED Jv1y 196.f MRS, 115MV . G041GER c4cRxs covAITY J ' NLIC CO W. Y, TEXAS AYr�7?niw &,- DK Pit rV ... F •.v4 o 1 L AT � a tiGtlOL. 3711 ARNI!Oag 67� C ?'e3H 35GL' L EXHIBIT A .. ��2 C. 11.K) -e� 4����� � Pomns 5 12/09/2011 2:30PM Officiol Records of NUECES COUNTY QIANA T. BARRERA COUNTY CLERK Fees $0.00 Any Provision herein which restricts tbe Salon Reotol or us.: of the described R[AL PRUPERTY becouse of Race, Color, Religion, Sex, Hondicon, Familial Gkutos, or Notional Oriain is invalid uod till enforceoble under FEDLRAL LAW, 3/12/89. S�T QF�X� COUNTY OF NOECES I hereby certify thot this {nstrument wus FILED in file oumber senoence on the diAm ond (At the iime s�omne& hormin by me, and was duly RECORDED in the Ui"Nciol Public Records oy Nueces Countr, Texas Diono T. Berrerc q In VAN � CO3�SaI K��Y��«z 2409 LaGp`=~~ TEXAS 78401