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HomeMy WebLinkAboutC2013-103 - 3/12/2013 - NADaac - 2013011 116 6 STANDARD 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 Brent Cameron ( "Owner N'), Katarina R. Cameron ( "Owner B ") (collectively referred to in this Agreement as the "Owner"), whose address is 5750 Curtis Clark Drive, Apt. 827, Corpus Christi, Texas, 78412 -4581, First Victoria Bank, N. A. ( "Lien Holder"), a Texas banking institution, whose address is 6670 South Staples Street, Corpus Christi, Texas, 78413, 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 5, London Club Estates, also commonly known by its street address as 2614 Balchuck Lane II. 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 1, 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 nnrca tn nnnaY cam nrnnerty with the effective date of such annexation being the date when the 2013 -103 3112113 Brent Cameron 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 N C _'2013. Owner A: Brent Cameron Owner B: Katarina R. Cameron Brent Cweron Katarina R. Cameron STATE OF TEXAS § 0 COUNTY OF NUECES § This instrument was acknowledged before me on this the day of YVVVCin 2013, by Brent Cameron. ' Notary Public' ignature STATE OF TEXAS § Is MARY HOHMANN COUNTY OF NUECES Notary Pub11c STATE OF TEXAS My Ccmm. Exp. 01 -30 -2016 This instrument was acknowledged before me on this the rJ day of 1 OA 2013, by Katarina R. Cameron ' MARY HOHMANN Notary Pub is Signature !* Notary Public NT �� STATE. OF TEXAS 9�af c* My Comm, Exp, 01 -30 -2016 Water Service Contract.Block 5, Lot 2.2614 Balchuck Ln.Legal 02252013 Page 2 of 4 Lien Holder: First Victoria Bank, N. A. By: Blake Laird r J)VP STATE OF TEXAS § §§ COUNTY OF NUECES § This instrument was acknowledged before me on this the _1-2_ day of MCC' , 2013, by Blake Laird, , First Victoria Bank, N. A., a Texas banking institution, on behalf of said bankinq institution. AV P �AOAAj n-- Notary Pub Ti 's ignature tiPgY PG® M,fiRY HOHMANN Notary Public e" STATE OF TEXAS My Comm. Exp. 01 -30 -2018 Water Service Contract.Block 5, Lot 2.2614 Balchuck Ln.Legal 02252013 Page 3 of 4 CITY OF CORPUS CHRISTI ATTEST: Qt2��� Armando Chapa City Secretary STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2013, by Wes Pierson, Assistant City Manager, municipal corporation, on behalf of said corporation. r a KRISTY GLICK Notary Public STATE OF TEXAS Comm. E! R. oix. 19, 2D16 Wes Pierson Assistant City Manager this Q day of JAU {'G�l �, City of Corpus Christi, a Texas home -rule M-21W-EM-34 T&PA WE W-4 i q APPROVED AS TO FORM: JP day of , 2013 Elizabe,Aj Hundley AssistV City Attorney for the City Attorney Water Service Contract.Block 5, Lot 2.2614 Baichuck Ln.Legal 02252013 Page 4 of 4 4 � Dor4 217113 F_1 I I 116 'ages 6 03/25/2013 10 e 17AM Official Records of NIJECES COUNTY DIANA T. OARRERA COUNTY CLERK Fees $35.00 Ans Provision herein which restricts the Salep Rental or use of the described REM PROPERTY because of Racep Color p Relisiong Sexy Handicap? Familial Statusp or Harional Orisin is invalid and unenforceable under FEDERAL LAMP 3%12/89. STATE OF TEXAS COUNTY OF NUECE'S I hereby cartif�i that this instrument was FILED in file number sequence on the date and at the time stamped herein b�:i map and was duly RECORDED in the Official Public Records of Rueces Count�ip Texas Diana TA Barrara 1 LAIRD DEVELOPMM 2406 LEOPARD CORPUS CHRISTI T% 78408