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Home My WebLink AboutC2010-590 - 4/20/2010 - Approveds:i ✓ . 7 y1: 0 1 4. M C_ 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 Steve and Esperanza Hernandez ( "Owners "), whose address is Route 3, Box 449F, 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. WIT NESSETH: 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 0.29 acres out of Rose Acres, Lot 7 (also known as Rose Acres, Lot 7) 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 -590 Page 1 of 3 4120110°ve and Esperanza Hernandez M2010 -085 Steve and Esperanza Hernandez I N DFEW Xf EQ. 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. Vil. 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 _71_ day of See Jlviahar , 2011. Owners: Steve and Esperanza Hernandez Steve Hernandez esAranzad4brnandez THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 71 day of _ eg sear, d 2011 by Steve Hernandez. Notary Public, SYate of Texas Page 2 of 3 Rose Acres, 0.29 acres out of Lot 7, Steve and Esperanza Hernandez „ Rrn„ SANDRA ii. SANTOS `.' Notary Public STATE OF TEXAS My comm, EXP Q9.3Q 2Q13 Page 2 of 3 Rose Acres, 0.29 acres out of Lot 7, Steve and Esperanza Hernandez THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this then day of 5 , 2011 by Esperanza Hernandez. City of Corp Christi ft ....a.....L Au I HURILLi S --� Ron d L. Olson ECRETARY TK City ager APPROVED AS TO FORM: ATTEST: (Lp�� T. �� 'a 1 - 4ay-Rcm ieg- V Sc LL) �►.j Armando Chapa First Assistant City Attorney City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the E day of Ebr�Gw , 2011,-by Ronald L. Olson, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. r Notary Public, State of Texas v A ESTHER VELAZQUEZ My Commission Expires July 05, 2414 Page 3 of 3 Rose Acres, 0.29 acres out of Lot 7, Steve and Esperanza Hemandez (A1�AAJ f t l .�Yt d x a n�o Notary Public, State of Texas MARIA MAGDALENA MEDRANO MY COMMISSION EXPIRES „Q>„ r Novemher30,2a1z City of Corp Christi ft ....a.....L Au I HURILLi S --� Ron d L. Olson ECRETARY TK City ager APPROVED AS TO FORM: ATTEST: (Lp�� T. �� 'a 1 - 4ay-Rcm ieg- V Sc LL) �►.j Armando Chapa First Assistant City Attorney City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the E day of Ebr�Gw , 2011,-by Ronald L. Olson, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. r Notary Public, State of Texas v A ESTHER VELAZQUEZ My Commission Expires July 05, 2414 Page 3 of 3 Rose Acres, 0.29 acres out of Lot 7, Steve and Esperanza Hemandez Duct 'tea a 120 13 4:3 F'ases 4 04/12/2012 it; 03AM Official Records of HUECES C DUHTY DIANA T'. BARRERA C:ilLINT - 1 CLERK Fees $0.00 ring Pvovi ion herein which restricts the Sale? isen r� - ar u-,e of t h de5cr ibed REAL ' beE_ ause of Ra k Color R Relisionr Sext Handirapr Familial Statosa o €° Mtional Origin i:i invalid and unenforceable undo FEDERAL t_AWP 3/12/89. J STATE OF TEXAS COUNTY OF NUE.C"ES DEVELOP I her#ia�s .;ei t i f s that this instrument was x' FILED MENTSERYICES ATTIC• in f i le number sequence on the date and at the GLORIA GARCL4 t ime tamped herein bg pie► and was dulH RECORDED 2406 LEOPARD ST in the Official i~ublic Records of C O R P U S C H R I S T I Nueces Countts7 Texas D i qn a T., Barre a , T X 7 8 4 0 8 �WJUF rJ�