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HomeMy WebLinkAboutC2013-110 - 4/2/2013 - 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 Arnold DeLeon ( "Owner A "), Amanda DeLeon ( "Owner B ") (collectively referred to in this Agreement as the "Owner"), whose address is 5375 Partridge Place, Robstown, Texas, 78380, First Community Bank ( "Lien Holder"), a Texas banking institution, whose address is 416 North Water Street, Corpus Christi, Texas, 78401, 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 11, Block 7, London Club Estates, also commonly known by its street address as 2566 Digger Lane II. Lien Holder holds a valid mortgage lien interest in the property described in paragraph 1 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 agree to annex said property with the effective date of such annexation being the date when the limits or will adjoin the City limits by any type of simultaneous 2013 -110 ties or at a later date to be solely determined by the City Council. 4/02/13 Arnold Deleon INDE."A' so":D 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 4 day of AX(L -LW , 2013. OWNER A: ARNO D DELEON OWNER B: AMANDA DELEON NO C � Arnol eLeon Amanda DeLeon STATE OF TEXAS § COUNTY OF NUECES § Water Service Contract.Block 7, Lot 11.2566 Digger Ln.Legal 03122013Water Service Contract.Block 7, Lot 11.2566 Digger Ln.Legal 03122013 Page 2 of 4 This instrument was acknowledged before me on this the I day of , 2013, by Arnold DeLeon. Y' otary Public's Si d ur.p'p° •.A e� .. EL A. 3TEINER STATE OF TEXAS .�jq:�, F ATE O Public STATE OF TEXAS My Comm. Exp, 09 -02 -2013 COUNTY OF NUECES § This instrument ZSfday was acknowledged before me on this the of , 2013, by Amanda DeLeon. ,Z6 Notary Public's oa para ° m<' °• ELVA A. STEINER Notary Public My STATE OF TEXAS Comm. Exp. €19 -02 -2013 Water Service Contract.Block 7, Lot 11.2566 Digger Ln.Legal 03122013Water Service Contract.Block 7, Lot 11.2566 Digger Ln.Legal 03122013 Page 2 of 4 Lien Holder: First Community Bank By: i s 6raham Executive Vice President STATE OF TEXAS § §§ COUNTY OF NUECES § This instrument was acknowledged before me on this the /' day of ./Y1aA . , 2013, by Miles Graham, Executive Vice President, First Community Ban Texas banking institution, on behalf of said banking institution. Notary Publ' s Signature Water Service Contract.Block 7, Lot 11.2566 Digger Ln.Legal 03122013Water Service Contract.Block 7, Lot 11.2566 Digger Ln.Legal 03122013 Page 3 of 4 ELVA A. S`fEINER i> Notary Public STATE OF TEXAS My Comm. Exp. 09 -02 -2013 a Water Service Contract.Block 7, Lot 11.2566 Digger Ln.Legal 03122013Water Service Contract.Block 7, Lot 11.2566 Digger Ln.Legal 03122013 Page 3 of 4 CITY OF CORPUS CHRISTI ATTEST: Armando Chapa Weg Pierson City Secretary Assistant City STATE OF TEXAS § COUNTY OF NUECES § n This instrument was acknowledged before me on this � day of 1n 201 by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. h ESTHER VEl AZOUEZ d rt✓ ` �v `�" z V My Commission Not Public's Si gnature July 05, 201 �' qA APPROVED AS TO FORM: day of , 2013 Elizab undley Assist City Attorney for the City Attorney Water Service Contract.Block 7, Lot 11.2566 Digger Ln.Legal 03122013Water Service Contract.Block 7, Lot 11.2566 Digger Ln.Legal 03122013 Page 4 of 4 a U LOT 11, BLOCK 7 LONDON CLUB ESTATES HIIBI v WeS 0 0.0750.15 0.3 Legend r._.. i PLANNING. CITYLIMITS Site I Title: E Printing Date: 10122/2012 File: K1Developmen1SvcsISHARED\GIS Projeclsl4Migue0.London Clu6_Fstates_Lt11_BIk4.mxd Prepared By: MSS S Illustrative purposes only. Coordinate System: MAD 1983 StatePlane Texas South FIPS 4205 Feel LOCATION MAP 0 City of Carpus Christi 0 Development Services Cwpus Christi Bay ibO b/ Q s 4 '4& � � Christi Z4 o 6 P e3 p Ct C,1 c or- pus - C - 11 - pi � _ 1 Q--r r7 NO Doct 2 #313 rases 6 04.W/2013 1A56M Offi cial Records of NUECES COUNTY DIANA T. 9 C:Oi -WTY CLERK Fees $35 a O E1n Provision herein which restricts the Salep Rental or use of the described REAL PROPERTY because of Racei Colors helisiona Sexy Handicapy Familial Statusy or National Dr €sin is invalid and unenforceable under FEDERAL LAWP 3/12/39. STATE OF TEXAS COUNTY OF NUEC:E S I hrn:rebv certify that this instrument was FILED in file number sequence on the date and at the t ime stamped herein bg mer and was dull RECORDED in the Official Public Records of iiueces countul Texas Diana TA Barrera - I - e r, � A n