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Home My WebLink AboutC2013-298 - 8/13/2013 - NA 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 Hough Homes, LLC ("Owner"), whose address is 4617 Larkspur Lane, Corpus Christi, Texas, 78416, First Community Bank ("Lien Holder"), a Texas banking institution, whose address is 14254 South Padre Island Drive, Suite 100, Corpus Christi, Texas, 78418, 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 3, Block 5, London Club Estates, also commonly known by its street address as 2622 Balchuck Lane II. Lien Holder holds a valid mortgage lien interest in the property described in paragraph I of this Agreement. Ill. 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 and lienholder covenant 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 and lienholder consent 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 and lienholder agree 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 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 rity of Corpus Christi, at some later date; and Owner and Lienholders 2013-298 8113113 Hough Homes LLC INDEXED 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 properties or at a later date to be solely determined by the City Council. VI. Owner and lienholder agree and understand 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. i&- WITNESS OUR HAND this day of - , 2013. OWNER: HOUGH HOMES, LLC Michael R. Hough, Managing Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2013, by Michael R. Hough, Managing Partner, Ho ph Homes, LLC. ',�WAJDUQ'i C,� IJ,, r SANDMA.aauz otary Public's Signature NOW(Pd1h,lbll 11'1ras `��° IMhtoiemlttr�f.>;aNn� C9A712016 Bank Lien o rn ty an Holder: first Community , i a am Executive Vice President ViWw Service GanlracL loM 5,Lot 9.2622 Bakhurk Ln.wpaWaler Samom C; 1racLBlock 5„La 3.2=Bakhmk Ln.wps Page 2 of 2 STATE OF TEXAS §§ COUNTY OF NUECES § This instrument was acknowledged before me nt First met a day of 2013, by Miles Graham, Executive Vice d Community Bank, a xas banking institution, on behalf of said banking institution. . 3ANDRAA.tout otary Public's Signat re linter effl-f lb" b Teal �„�,' Ah Coan�ksieM tzDlm CITY OF CORPUS CHRISTI ATTEST: @n2 Armando Chap. 4esrson City Secretary Assistant City Manager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this jeday of 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a exas home-rule municipal corporation, on behalf of said corporation. , .. T LAZQUEZ n E* Notary Public's Signature APPROVED AS TO FORM: day of 2013 arcie ownin Assistant City Attorney for the City Attorney Water Serwim Contract Block 5 Lot 3 2622 9alchuck Ln.wpWalw S00v` Con"aBlack 5..Lot 3 21M SOldwck Ln,wPs Page 3 of 3 A ,w w � k + d l_ Lor s,;BLOC►c sY El LONDON CLUB ESTATES CITY LIMIT LINE LAN i ME i v Miles 0 0.075015 0.3 uv Legend w� r._.._.. PL4NNING.CITYLIMI TS mw� e1 Site s °title, Pnntmg t FdeKLDevef p me ntSve YSH4RECsS Pra 314Ai r�hLandxs flub—�s4�1#�— t11 Sk4 e.d Pmporod 0Y'MSS ity coorclinoto Syslern CorpLIS wADt asstaa��f�ere s ,Lnr,FIFS 4205 Feet LOCATION MAP roe" r Curl% City of Coepue Chnsh b Development Services � �D a i ")113- 1 1-3.3 C#'6 4- 7 108/22,12013 2'.4 0:1M 1'.)MIcial Records of 1,1UE",CES COUNTY DL�'I,IA T. BARRI:7RA GOILINTY CLERIII Fees $31.111110 Amu Provision herein w1,01ch re-stric::tS the Sialiii Rental oir use iof Uhe described REAL PROFTRTY biii. or Cinloir-p Religion T Si(,,,,x!v Hininiflicapr Fatfllilial, Statiusir or, KaUonal Drishn Is h-vYalid and unleinfoir,cii unidier FEDERAL. NMI ,µ 3/12/89. STIATE 1'.)F' TEXAS COUKITY DF NUECES I IIneIr iii certiru Uhiat Uhi Ii instrumen't :was FILED in f i lie numbeir- 9eqiueinc::e DII Che diate and at tl-,ie time 5taim;)eid heireviin Iby sAiii airvd was duh RECORI)ED in t he ID f f i ic ii a,I F'.b I i ic IRmecnri of Nueces Cint,�ntvi auuaau Dicinan. T. Darriera Ot 0 C DA-PcLV-4rvv%-e,� 240(p p a s® , -72)