HomeMy WebLinkAboutC2013-159 - 4/16/2013 - NASTANDARD FORM CONTRACT FOR PROVIDING WATER WHERE P ROPERTY
SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS RECsC IVED
STATE OF TEXAS § APR 3 0 1413
COUNTY OF NUECES §
THIS CONTRACT AND AGREEMENT made and entered into in triplicate EiiIGIfVEEI?fN0 SERM1 =S
between, M.J.P. Real Estate & Development LLC, ( "Owner "), whose address is 4506 E. Iowa
Road, Edinburg, Texas 78542, and the City of Corpus Christi, Texas ( "City "), a home rule city of
more than 250,000 opulation, a municipal corporation and body politic under the laws of the
State of Texas, of 201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State
of Texas, for good and valuable consideration in hand received by the parties respectively and
upon the covenants and conditions hereafter stated:
WIT NESSETH:
I. 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:
London Club Estates, Block 3, Lot 8, also commonly known by it
street
address as ,25 2 ji9lQ&tA4t Op
IL City agrees to deliver City water to such property or to waterlines on the property, under
rules and regulations promulgated and authorized by Sections 55 -111 as amended, of the Code
of Ordinances, City of Corpus Christi.
Ill. Owner agrees to construct all improvements on such 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 such construction of 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.
IV. IT IS AGREED by and between the parties to this contract and agreement 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, at some later date; and Owner
agrees to annex said property within the effective date of such 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.
5
V. 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 Owner liable to
termination of the delivery of water and, upon a finding of fact by the City Manager that any of
2013 -159
4116113 Real Est Dev LLC 2452 Balchuck vFinal Page 9 of 3
M.J.P. Real Estate & Dev. LLC INDEXED
the aforesaid covenants or conditions have been materially breached, the delivery of water to
Owner shall be terminated.
VI. 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.
VII. IT IS AGREED by and between the parties hereto that all of the above conditions shall
be binding upon the successors and assigns of the said Owner and each of them, if multiples,
and constitutes a covenant running with the land.
WITNESS OUR HAND this -9– day of Y► , 2013.
Owner: M. J. P. Real Estate & Development, LLC
Ja er Perez, PresiderV
STATE OF TEXAS
COUNTY OF NUECES §
This instrument was acknowledged before me on this the 2— day of ,
2013, by Javier Perez, President, M.J.P. Real Estate & Development, LLC, a Texas limited
liability company, on behalf of the company.
I m�
■III, `1L�
Notary - I
` �Hwp4 i
».� °. °• % °� LINDA HELIENA JONES
= rotary Public, State of Texas
MY Commission Expires
November 18, 2014
OCL Water Service Contract MJP Real Est Dev LLC 2452 Balchuck vFinal Page 2 of 3
City of Corpus Christi:
ATTEST:
an:!:!(
Armando Chapa
City Secretary
STATE OF TEXAS §
COUNTY OF NUECES §
Wes Pierso
Assistant City anager
This instrument was acknowledged before me on this I day of
rr i
2013, by Wes Pierson, Assistant City Manager, of the City of Corpus Christi, a Texas home -rule
municipal corporation, on behalf of said corporation.
o� Y� ESTHERVELAZQUEZ — &D:=*� \�&12\ )K�_
My Commission Expires Notary Public's Signature
July 05, 2014
APPROVED AS TO FORM: A day of 2013.
Eiizab t Hundley
Assist City Attorney
for the City Attorney
OCL Water Service Contract MJP Real Est pev LLC 2452 Balchuck vFinal Page 3 of 3
I 9 ❑
CITY LIMIT LINE
LOT 8, BLOCK 3
LONDON CLUB ESTATES
"
0 Miles
0 0.075015 0.3
Legend
r - -* i PLANNING. CITYLIMITS
Title:
Printing Date: 12/2412012
File: K:1DevelopmentSvcsSSHARED%GIS ProjectsWMigueKLondon_Club Estates_Lt8_Blk3.mxd
Prepared By: MSS
Illustrative purposes only.
Coordinate System:
NAD 1983 StatePlane Texas South FIPS 4205 Feet
0 City of Corpus Christi ® Development Services
Cwpas ohrisri Say 11
E1MM= 1 qh,h,..
I 9 ❑
CITY LIMIT LINE
LOT 8, BLOCK 3
LONDON CLUB ESTATES
"
0 Miles
0 0.075015 0.3
Legend
r - -* i PLANNING. CITYLIMITS
Title:
Printing Date: 12/2412012
File: K:1DevelopmentSvcsSSHARED%GIS ProjectsWMigueKLondon_Club Estates_Lt8_Blk3.mxd
Prepared By: MSS
Illustrative purposes only.
Coordinate System:
NAD 1983 StatePlane Texas South FIPS 4205 Feet
0 City of Corpus Christi ® Development Services
Cwpas ohrisri Say 11
`
Dmct 20 13 C9 15 7 Wp
IF Pages 5 .
04/24/2013 2:50PM
official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $31.00
Anx nrovisioo herein which restricts the Sole,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Religion, Sex, Handicap, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAG
COUNTY OF NUECES
I hereby certify that this
instrument was FILED
in file number senoence on
the dote and ot the
time stomned herein bo mer
and was duly RECORDED
in the Official Public Records of
Nueces County, Texus
Diono T. 8orrero
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