HomeMy WebLinkAboutC2010-599 - 4/20/2010 - Approvedi
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 Aurelia Franco ( "Owner "), whose address is 7026 FM 665 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 Owner is owner 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:
0.28 acres out of Rose Acres, Lot 3 (also known as Rose Acres, Lot 3C)
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. Owner agrees 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. Owner consents to inspections of all of the construction
by duly authorized inspectors or representatives of City departments charged with
enforcement of the codes and regulations. Owner agrees 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
55 -111, as amended, of the Code of Ordinances, City of Corpus Christi; and the Owner
2010 -599
Page 1 of 3
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41201
M2010 -085
Aurelia Franco
INDEXED
agrees 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. Owner agrees and understands that this contract constitutes a petition for
annexation under Section 43.028, Texas Local Government Code.
VII. Owner agrees and understands 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 Owner and
constitute covenants running with the land.
WITNESS OUR HAND, this 2,1 day of 'e °-1461 yep' , 2011.
Owner: Aurelia Franco
✓z� -�-� CIO
Aurelia Franco
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the Z-I day of 6-e— -�eo4�
2011 by Aurelia Franco.
" �- & a
otary Publi , Sta)6 of Texas
Page 2 of 3
Rose Acres, Lot 3C, Aurelia Franco
SANDRA B. SANTOS
Notary Publfc
XAS
STATE OF TEXAS
My Comm. Exp. 09 30 -2013
Page 2 of 3
Rose Acres, Lot 3C, Aurelia Franco
City of Corpus Christi
i
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a
APPROVED AS TO FORM: ATTEST:
AU - rHOKuu,-
OY C11tlfICIL -
SECRETARY
cda 1�
1 5 o y Lo j wL) Armando Chapa
First Assistant City Attorney City Secretary
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the I� day of
V- 6bra&Vy ,-- , 201 - 4?-by Ronald L. Olson, City Manager, City of Corpus
Christi, a Texas municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
o �Yp�
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Page 3 of 3
Rose Acres, Lot 3C, Aurelia Franco
0
JL I r F'ases �
04/12/2012 11 W3AM
Official Records of
M- C,E j COUNTY
DIANA €'n zARRE RA
COUNTY CLERK
Fees MOO
DEVELOPMENT SERVICES
ATTN: GLORIA GARCM
2406 LEOPARD ST
CORPUS CHRISTI, TX 78408
Anr Provision herein which restricts the Salep
Rental or use of the described
REAL PROPERTY because of Race? Color:
Rali�31onf Sexy Hondicap. Familial Statusy or
Rational Or i3in is i nvalid and unenforceable
under FEDERAL LAW P 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
1 hereb9 Cert i f y ghat this i nstruffient was FILED
in file number sequenc= on the date and at the
time stamped herein by me$ and was dul_, RECORDED
in the Official Public Records of
fteces C aunt a � Texas
D i am T, Dar rer,a
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