HomeMy WebLinkAboutC2013-160 - 4/18/2013 - NAN
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 Israel Soza, Jr. ( "Owner X), Elva Soza ( "Owner B") (collectively
referred to in this Agreement as the "Owner"), whose address is 7322 Montreal Circle, Corpus
Christi, Texas, 78414, 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 V
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 3, Block 4, London Club Estates, also commonly known by its street
address as 2570 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
agree to annex said property with 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 oronerties or at a later date to be solely determined by the City Council.
2013 -1.60
4118113
Israel Soza & Elva Soza INDEXED
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 6 day of �' 2013.
Owner A: r el Soza, Jr.
I ael 66za, Jr.
Owner B: Elva Soza
Elva
` O,�pAY Ap�4� BA BI UNNINGNAM
Notary Public, state of Texas
STATE OF TEXAS My Comtttlssiort Expires
§ Nove 07, 2014
§§ -
COUNTY OF NUECES §
This instrument was acknowledged before me on this the day of /
2013, by Israel Soza, Jr. '
STATE OF TEXAS §
§§
COUNTY OF NUECES §
Notary Public's Signature
This instrument was acknowledged before me on this the day of
2013, by Elva Soza.
'
otary Public's Signature
11
„ .,,
AY PGe� I
o1P
°
z
BANlBI CUNN! NGHAM
Notary Public, State of Texas
My Commission Expires
November 07 2Q14
Water Service Contract.Block 4, Lot 3.2570 Balchuck Ln.Legal 02252013 Page 2 of 4
Lien Holder; American Bank, N. A.
Y•
Ja s ickett
S ' r Lending Officer
STATE OF TEXAS §
§§
COUNTY OF NUECES §
This instrument was acknowledged before me on this the 0 day of
2013, by James Pickett, Senior Lending Officer, American Bank, N. A., a Texas banking
institution, on behalf of said banking institution.
,y,,aRYPj�� BANI81 CUNNINGHAM
s
'= °c Notary Public, State of Texas
My commission Expires Notary Public's Signature
November 07. 2014
Water Service Contract. Block 4, Lot 3.2570 Balchuck Ln.Legal 02252013 Page 3 of 4
a
a
CITY OF CORPUS CHRISTI
ATTEST:
Armando Chapa
City Secretary
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this day of
2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home -rule
municipal corporation, on behalf of said corporation.
p
s. Notary Pub1iA •
r .r 5# f;
APPROVED AS TO FOR day of , 2013
Elizabe Hundley /
Assist r City Attorney
for the City Attorney
Water Service Contract.Biock 4, Lot 3.2570 Balchuck Ln. Legal 02252013 Page 4 of 4
Assistant Ult Manager
L -i
LOT 3, BLOCK 4
LONDON CLUB ESTATES
LIMIT LINE
Corpus Christi Say
Title
0
Printing Date: 10!2212012 E
File: KOevelopmentSvcsSSHAREMUS Projectsl4MiguaRLondon_Club Estates_Lt11_BIk4.mxd
Prepared By. MSS S
Illustrative purposes only.
Coordinate System:
NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION
O City of Corpus Christi ® Development Services
Site
f
No
City of
\, C101PUS
Christi
# Poses 6
04/24/2013 2:50PM
ORiciol Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $35.00
Any nrovis�on herein which restricts the Sale,
ken-al or use of the described
REAL PROPERTY because of Race? Color,
Religion, Sexy Handicap, Familial Status, or
Nutionul Oriyin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STIATE OF TEXAS
COU0TY OF NUfCES
� hereby certify that this instrument was FILED
in file number senuence on the dote and at the
time stumned herein by me, and wus duly RECORDED
in the Official Public Records of
Nueces 0ouoty, Texas
Diana T. Borrero
M;z B