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