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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 ��