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HomeMy WebLinkAboutC2010-595 - 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 Steve and Pat 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. 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: 0.369 acres out of Rose Acres, Lots 6 -A and 6 -13 (also known as Rose Acres, Lots 6 -A and 6 -B) 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 2010 -595 Page 1 of 3 4/20/1 ®6B, Steve & Pat Hemandez M2010 -085 Steve and Pat Hernandez INDEXED 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 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 - Z-) day of !� ep4 bey, , 2011. Owners: Steve Hernandez and Pat Hernandez Steve rnan THE STATE OF TEXAS § Pat ernandez COUNTY OF NUECES § This instrument was acknowledged before me on this the 7-[ day of 2011 by Steve Hernandez . l � • • Page 2 of 3 Rose Acres, 0.369 acres out of Lot 6A & 68, Steve & Pal Hernandez 1per.A�a s SANDRA B. SANTOS t n�a Notary Public .......... � '- STATE OF TEXAS My Comm. Exp. 09 -30 -2013 Rose Acres, 0.369 acres out of Lot 6A & 68, Steve & Pal Hernandez THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the QftS day of 2011 by Pat Hernandez. you � :, �* my COMMISSION EXPIRES bw Notary Public, State of Texas ;�,••'� H0Y8R1 APPROVED AS TO FORM: ��Soh 0C First Assistant City Attorney tJ THE STATE OF TEXAS § COUNTY OF NUECES § N .2,..,�.��g ... AU l HUK IL0, By L'tt URML..... 7o t SECRETARV C�— ATTEST: Armando Chapa City Secretary This instrument was acknowledged before me on this the l� day of yibry'au, , _ , 201 &_by Ronald L. Olson, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Yexas ;o Ya ESTHER VELAZQUEZ My Commission Expires .July 05, 2014 Page 3 of 3 Rose Acres, 0.369 acres out of Lot 6A & 6B, Steve & Pat Hemandez 1 Doc" 203.2013428 rases & 04/12/2012 11:03AM Official -Records of MUECES COUNTY DIANA 'f a BAR,f ERA COUNTY CLERK Fees $0.0 J DEVELOPMENT SERVICES ATTN: GLORIA GARCIA 2406 LEOPARD ST CORPUS CHRISTI, TX 78408 sans prevision herein which restricts the Saley- Rential a: u5e of the described R EAL PROPERTY because of Racer Calory Relisiont Sex3 Handicaar Familial Statusp or Watianal Origin is invalid and unenforceable under FEDERAL LAWY 3%12i89. STATE OF TEXAS COUNTY OF MUECES I hereby certify that this instrument was FILED in f i le number seiuence on the date and at the time- sfQh►ped herein bs mex and was djjl €i RECORDED in the Official Public Records of Hoeces C.eun t s � Texas Di4na Ts Bnrrera �A�?d+ E 9