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Home My WebLink AboutC2010-576 - 4/20/2010 - ApprovedSTANDARD FORM CONTRACT FOR PROVIDING WATER AND WASTEWATER WHERE PROPERTY 1S 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 Mary Ann Gonzalez ( "Owner "), whose address is 4710 Wooldridge Road, Corpus Christi, Texas 78413 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. WIT NESSETH: 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 22D 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 Page 1 of 3 2010- 57b nzalez 4120110 M2010 -085 Gonzalez, Mary Ann 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. VI. 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. Vlll. 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. IX. 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 71 Owner: Mary Ann Gonzalez day of , 2011. Mary Ann nzalez THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the ZL day of 5.e0Jkem b e,' 2011 by Mary Ann Gonzalez. Lei otary Pu lic, 8tate of Texas Page 2 of 3 Rose Acres, Lot 22D, Mary Ann Gonzalez 5ANOERA B. SANTOS ', i� kk Notary Pubft Q-2Qt3 My Comm. Q9 Page 2 of 3 Rose Acres, Lot 22D, Mary Ann Gonzalez City of Corpus Christi Ronald L. Olson City Manager R. , ayAie d g First AssKtant City A Zhey ATTEST: Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § Thi instrument was acknowledged before me on this th 7 day of 2011, byoeld�:��s`�n, �ify Ida a6ir City of Corpus , Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texa TAML RILEY *s� � 1 S' My Com2 Page 3 of 3 Rose Acres, Lot 22D, Mary Ann Gonzalez ,.y a es frlclal Records of NU CES COUNTY COUNTY Csi_€=.RK Fey,, 'iii .00 DEVELOPMENT SER VICES ATTIC• GLORIA GARCIA 2405 LEOPARD ST CORPUS CHRISTI, TX 78408 r;ns p il) herein which restricts the Sales Or u:lp. of the daA i r €head REAL. PROPERTY because of Racev 0lor f Rel i 9 i an F. Si:s2 Hand i ears s Farr i 1 i al 50 us? ur Nat.ional tivi:rin is invalid and unenforc8able under FEi?r"_VIL LAW, 5/12 -`09. STATE OF IV(AS COUNTY 5i= N€lE:::€ S ?. her_-bv ci�r g that this in°_tpument was FILED ho file nuftber semuence an thw date and at tile. time 5tamned herein by me, and was dul--4 RECORDED is tine rw i. i €.,1 i='ubIi,_ Recards of mue,ce.- -Counts? 1'r :gas Nan? T, Btirrer a 7 ikik