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HomeMy WebLinkAboutC2010-588 - 4/20/2010 - Approved9_ A. 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 Celia Yepez Lopez Life Estate and Ruth E. Hoover ( "Owners "), whose address is P.O. Box 9106, Bacliff, Texas 77518 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: 1. 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 8 11. 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. 111. 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 -588 Page 'I of 3 4/20/10f and Ruth E. Hoover M2010 -085 Celia Yepez Lopez Life Estate, et al 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. Vll. 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. 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 Owners and constitute covenants running with the land. WITNESS OUR HAND, this _1,1 day of ,� . 1 2011. Owners: Celia Yepez Lopez Life Estate and Ruth E. Hoover & t< Celia Ye pez • • Ruth E. Hoover THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the St day of b etI` 2011 by Celia Yepez Lopez. N Otary Publi Stat o Page 2 of 3 NTOB = Pub110 TEXAS p.09.3 0 -2013 Rose Acres, Lot 8, Celia Yepez Lopez and Ruth E, Hoover THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the r day of , 2011 by Ruth E. Hoover. „` = A�4i KMAGDAI.MMmAAND MY COMMISSION EXPIRES �IJ 6 �JAaaO r „411; Notary Public, State of Texas City of Corpu ist' 4 Ron Vanager Olson City APPROVED AS TO FORM: ATTEST: Oat jw�- (� 4YR(L4- 0�� 4 V Sc Lo � Armando Chapa First Assistant City Attorney S City Secretary nn �C t0 0� AWKQKILLt THE STATE OF TEXAS COUNTY OF NUECES § 1 C This instrument was acknowledged before me on this the day of av�vLCtir"k 0+1°, L. Olson, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas [(q: E: S mmTH1ER1 VELAZQUEZ isslon EXPlres uly 05, 2014 Page 3 of 3 Rose Acres, Lot 8, Celia Yepez Lopez and Ruth E. Hoover i `uses 4 04 4_? e.WAN Lef i = _i 11 Records of DIANA Ta BARRERA COUNTY �LERK Fees $0.Q0 J DEVELOPMENT SERVICES ATTIC• GLORIA GARCIA 2406 LEOPARD ST CORPUS CHRISTI, TX 78408 f tn_) Prov i =:i �n herein :aH ch res,r i cts the Sale; rent[ fir u -50 OF the described REAL. PR'O `F:R` Y because of Race► Colorg Ralisiont yen: Handieap� Familial. Statsss or Wa ional, Urfain is i nvalid £und unenforceable under FEDERAL LAWt 3/12/89. STATE OF TEAS COUNT_ 0 HUECES T. iiereb�i .Met vifa that Phis instrument was FILED in file number Sequence bn the dove and at the ime trtmped herein bs men and was dul.0 RECORDED in the fsfficial Public Records of Diann T. Barrerct