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HomeMy WebLinkAboutC2013-314 - 9/11/2013 - NA STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § § . ,2 C-1111 1... tlll,„,11 4 . xW.” COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT ("Agreement") made and entered into in quadruplicate originals by and between Matthew Hoskins and Lisa Hoskins ("Owners"), whose address is 2550 Digger Lane, Corpus Christi, Texas, 78415, Kleberg Bank ("Lien Holder"), a Texas banking institution, whose address is 4211 Ayers Street, 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 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. Owners are the lawful owners 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 9, Block 7, London Club Estates, also commonly known by its street address as 2550 Digger Lane II. Lien Holder holds a valid mortgage lien interest in the property described in paragraph I of this Agreement. 111. 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. Owners 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. Owners 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. Owners 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, City of Corpus Christi, at some later date; and Owners and Lienholders agree to annex said property with the effective date of such annexation being the date when the 2013-314 f limits or will adjoin the City limits by any type of simultaneous 9111113 rties or at a later date to be solely determined by the City Council. Matthew Hoskins and Lisa INDEXED VI. Owners 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 Owners 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 Owners 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 Owners and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this 5*day of S , 2013. OWNERS: r Matthew Hoskins Lis o�stns STATE OF TEXAS § 0 COUNTY OF NUECES § This instrument was acknowledged before me on this the 9 ' day of , 2013, by Matthew Hoskins and Lisa Hoskins. ILWAGMOO Notary Public's Signature KeWry rte.cur duo. 1� w � Page 2 of 4 LIEN HOLDER: KLES " G 'ANK By: Tim Raburn Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the y`" day of , 2013, by Tim Raburn, Vice President, Kleberg Bank, a Texas banking institution, on behalf of said banking institution. GWIM woo Notary Public's Signature ;S Page 3 of 4 CITY OF CORPUS CHRIST! ATTEST: Armando Chapa s ierson City Secretary Assistant City a ger STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this _JL day of , 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christ l, a Texas home-rule municipal corporation, on behalf of said corporation. • KRISTY GLICK A JA STATE OF TEIXAS No ary Publi ' Signature • Comm.Ex . .1B,2DI6 APPROVED AS TO FORM: �_day of 2013 Marcie Downing Assistant City Attorney for the City Attorney C%DOCUMENTS AND sEmNasiLismLocAL sETTINGMTEMPORARY aNTERNET FILES4C4=TENT IES%2G3WRgUKWATER'u�20SERVICE%MCONTRACT BLOCK%207%20LOT 09.2 %20D1GGER' 20LN[5'®CC Page 4 of 4 . mmmmmm � .mm , .... ........... na. µ w. NE LOT 9, BLOCK 7 LONDON CLUB ESTATES Sir w: CITY LIMIT LINE UN ................ELI 7=7 T=�7=: .......... �. i C mm� 1 i d N I fi m=i Mlles r tee Legend Corpus Christi say i PLANNING.CITYLIMITS y �_srur: Site � ��p N+s MERINO EM I °tale Print Date MIUM3 Rg-KIDevelopamnlSvesISHAREDAGIS E sWMigueplU, LCIu�_E$h®9 —Ltg—plki mxd \ Prapared 5 By MSS ll 9axa pumoses only Coarchnals SystemCOrpuS la 5983 Blaleftne Taxes Sawn RPS 4205 Feet L.00ATlON MAP' � Christi l;ay of Co Chnsh 0 Dauol and Serrvas Lk Doct 20 1 3 13 4-0 3 4-3 ' Pages 6 ()9/18/2013 2:12PM CH"Ficial FWords of MECES CMUM DUNA T. BARRERA COUNTY CLERK Fv�s $55.00 Mm Ppmiton homin whkh restrMs the Salep Remai or use or bhe dour shed REM PROPERl"Y becau%p- of Rac����r Colort Relig"m Sem Handhmpp W141 Mum or Dr�3in is �nvalhd m'W xm'Worceable tinder FEDERM LAUP 3/12/39. Sl'A'11 OF TEXAS CGHTY OF IMBES I hwobu certirg that this �nsbriument was FlLED �rt file numtm, sequem!!!i!r an the date cind at the thime stcmp��W herein bu mep and was di. 1 :o RECORDED in the Oflflµ earl Pub1k: Re-cords of Hi.jaces Count,�p �excis Diana I. Burreru ell