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HomeMy WebLinkAboutC2013-102 - 3/12/2013 - NASTANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT ( "Agreement") made and entered into in quadruplicate originals by and between David G. Freymiller ( "Owner A "), Melanie R. Freymiller ( "Owner B ") (collectively referred to in this Agreement as the "Owner"), whose address is 4510 Silver Hollow Drive, Corpus Christi, Texas, 78413, American Bank, N. A. ( "Lien Holder"), a Texas banking institution, whose address is 5120 South Padre Island Drive, Corpus Christi, Texas, 78415, and the City of Corpus Christi ( "City"), a Texas home -rule city of more than 300,000 in population, a municipal corporation, and body politic under the laws of the State of Texas, whose address is 1201 Leopard Street, Corpus Christi, Texas, 78401, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is the lawful owner in fee simple of all existing rights, title, and interest therein of all the following described real 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, such property being generally delineated on the map attached to and incorporated by reference in this Agreement as "Exhibit A" and being more particularly described as follows, to -wit: Lot 2, Block 4, London Club Estates, also commonly known by its street address as 2562 Balchuck Lane Ill. Lien Holder holds a valid mortgage lien interest in the property described in paragraph I of this Agreement. III. City agrees to deliver City water to such property or to waterlines on the property under rules and regulations promulgated and authorized by Section 55 -111, as amended, Code of Ordinances, City of Corpus Christi. IV. Owner covenants to construct all improvements on the property under all applicable City codes, rules, 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 such 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 construction of the improvements. V. IT IS AGREED by and between the parties to this Agreement that the above described real property 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, at some later date; and Owner and Lienholders ° ;,' ^ -erty with the effective date of such annexation being the date when the 2013 -102 3112113 David G. Freymfller INDEXED 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, in addition to any other legal or equitable remedies available to the City, a breach of any of the covenants or conditions stated in this Agreement may render the Owner liable for termination of the delivery of water to the property and, upon a finding of fact by the City Manager that any of the covenants or conditions have been materially breached, the delivery of water to the property of Owner shall be terminated. VII. All connections to the City water system are subject to the same laws, rules, and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, applicable to consumers within the City limits. VIII. IT IS AGREED by and between the parties to this Agreement that all of the above- stated covenants and conditions shall be binding upon the successors and assigns of the Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this day of Owner A: David G. Freymiller 0 a�d 1 David G. Freymiller 2013. Owner B: Melanie R. Freymiller Melanie R. Freymiller STATE OF TEXAS § 0 COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2013, by David G. Freymiller. Notary Public's Signature STATE OF TEXAS § --- -� - - -- „� § �ar5R' , Darla Rochelle Mark s COUNTY OF NUECES "" Notary P.bl "' § '7;� �A State of Texas Comm. 0�1 -1 This instrument was acknowledged before me on this the day of c>..r , 2013, by Melanie R. Freymiller. Notary Public's Signature p Darla Rochelle Matlock _s y Notary Public, State of Texas s Exp. QS- 01 -.1.4 Water Service Contract.BiOCk 4, Lot 2.2562 Balchuck Ln.Legal 02252013 Page 2 of 4 Lien Holder: American Bank, N. A. By: Z!:::� / James c tt Senio nding Officer STATE OF TEXAS § 0 COUNTY OF NUECES § This instrument was acknowledged before me on this the f day of L-f y] ax , 2013, by James Pickett, Senior Lending Officer, American Bank, N. A., a Tekas ban ring institution, on behalf of said banking institution. �PYPa4� VERONICA LARIA Notary Public's Signature o 7 4s = °'s Notary Public, state of Texas My Commission Expires '•': �;ti, °� March 23, 2014 Water Service Contract. Block 4, Lot 2.2562 Balchuck Ln. Legal 02252013 Page 3 of 4 CITY OF CORPUS CHRISTI ATTEST: Armando Chapa City Secretary STATE OF TEXAS § COUNTY OF NUECES § Wes Pierson Assistant City This instrument was acknowledged before me on this A_Q_ day of �CIrC' A , 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. �P KRISTY GLICK - * t Notary Public STATE OF TEXAS Nota Public' ignature C.wmm. Aix. 1$, 2016 APPROVED AS TO FORM: I a of 2 1 y ! 3 Elizab# Hundley Assist nt City Attorney for the City Attorney Water Service Contract.Block 4, Lot 2.2562 Balchuck Ln.Legal 02252013 Page 4 of 4 LOT 2, BLOCK 4 LONDON CLUB ESTATES HA B I v Miles 0 0.075015 0.3 Legend r i PLANNING. CI TYLIMI TS TM: Printing Date: 10I2212D72 File: MDevelopmentSvcsISHAREDAGIS Projects54MigueNLondon _Club_Estates_Lt11 Blk4.mxd Prepared By: MSS Illustrative purposes only Coordinate System: NAD 1933 StatePlane Texas South FIPS 4205 Feet © City of Corpus Christi O Development Services ■ n "Y, LIMIT LINE Corpus Chrisri Hay Site f City Of Corpus \ , Christi r LAND D EVELopmENT 2406 izopARD CORPUS CHRISTI TS 78408 s P 0-7/25/2013 . 10' 17AM Off icial Racel'd €- of 1_'£F':f � COUNTY DIANA T. SARRERA COUNTY CLERK Fees $35.00 Ara ovision herein which restricts the Sale: Rental or use of the described R PROPERTY because of Racer i:olori feliaionf Sexy Handicapp Familial Statusi or filar = -nal. Orrin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF HUF_CES i her'£_bL4 cent if �j that this instrument was FILED in file number sequence on the date and at the tive stamped herein b me and was dul RECORDED i n the Offic Public Records of Diana T. Sarr=ra r�•„c, - - -,4