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HomeMy WebLinkAboutC2010-580 - 4/20/2010 - Approved2 � _3 s -- g �_Y 4 n � �L . � —� _4. STANDARD 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 Victor Cristan, Jr. and Olga Cristan ( "Owners "), whose address is 3158 FM 763 Road, 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 Owners are owners 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 21A 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. Owners agree 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. Owners consent to inspections of all of the construction by duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owners 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. 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 2010 -580 page 1 of 3 4/20110 M2010 -085 Victor Cristan, Jr. And Olga Cristai INDEXED 55 -111, as amended, of the Code of Ordinances, City of Corpus Christi; and the Owners agree 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. Owners agree and understand that this contract constitutes a petition for annexation under Section 43.028, Texas Local Government Code. VII. Owners agree and understand 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. 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 Owners and constitute covenants running with the land. WITNESS OUR HAND, this day of 4 2011. Owners: Victor Cristan, Jr. and Olga Cristan Victor Cristan, Jr. ' �364' - /�'. -20? Olga Clristan THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the �V day of gg/ 2011 by Victor Cristan, Jr. Notary Pidblic, State of Texas ��r nHr O�YpGrr�+ MARGARET A. VILES Nofary public, Sfate of Texas % 4 • rp s My'0mmission Fx p fires MARCH 07 ,2014 Page 2 of 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the ` 7 " day of D67'69Z,e , 2011 by Olga Cristan. Notarf Public, State of Texas City of Corpus Christi 6 1 -;� A 4�� "' G Ronald L. Olson City Manager APPROVED AS TO FORM: R. J qyK!,njdg Firsf Assistant THE STATE OF TEXAS § COUNTY OF NUECES § ATTEST: Armando Chapa City Secretary T is instrument was acknowledged pre a this the day f 2011, by == City �la�n�aQe "P�City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. if Notary Public, State of Texas ,AO�ARrAU�t,�, TAMERA L. RILEY ' = Notary Public STATE OF TEXAS My 6oMrn; Exp: 68-26 -2012 �• . ......... g �.. Fill l hlUM.Lr dY COUNCIL�......r. {� S - PRETAR Pare 3 of 3 ,„. MARGARET A. VILE _ ° = Notary Public, State at Texas My Commission Expires i� MARCH 07.2414 *y �� 6 1 -;� A 4�� "' G Ronald L. Olson City Manager APPROVED AS TO FORM: R. J qyK!,njdg Firsf Assistant THE STATE OF TEXAS § COUNTY OF NUECES § ATTEST: Armando Chapa City Secretary T is instrument was acknowledged pre a this the day f 2011, by == City �la�n�aQe "P�City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. if Notary Public, State of Texas ,AO�ARrAU�t,�, TAMERA L. RILEY ' = Notary Public STATE OF TEXAS My 6oMrn; Exp: 68-26 -2012 �• . ......... g �.. Fill l hlUM.Lr dY COUNCIL�......r. {� S - PRETAR Pare 3 of 3 Doc' 2012013442 PRses r; 04/12/2012 119 rjwa=aN Off i c i al Records 01 NUECES COUNTY CoWiY CLERK Fees MOO DEVELOPMENT SERVICES ATTN. GLORIA GARCL4 2406 LEOPARD ST CORPUS CHRISTI, TX 78408 AR i# Pt ovE--i}yan herein which festr €s_ts the Sales Rw itci l ar use ajf the dfa f:r i bed SEA!- PROPERTY because of Race? C'Glar v Ral i s i on? -sex, iland i s ap i Familial Status p or H'Qt i _rt ",I €fir i�J i n i s i WVQ1 id aa114 1Jnenf'i►rr-eQb 1V2 under i EDERf - iL LAW4 3/12/89 i ATF OF TEXAS het'ebg carvaf%i that this instrument was FILED 4i file number sequence on the date and at the s i me se-awped herein b�j ma and was dulq RECORDED in the r7i f idol Public Records or r� j.- 1 , Earrep i ''€