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Home My WebLink AboutC2013-391 - 10/10/2013 - 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 triplicate originals by and between Mostaghasi Enterprises, Inc. ("Owner"), whose address is 8026 Bar Le Doc, Corpus Christi, Texas, 78414, Charter Bank ("Lien Holder"), a Texas banking institution, whose address is 3701 Saratoga Boulevard, 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. 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 19, Block 5, London Club Estates, also commonly known by its street address as 2615 Digger 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 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, City of Corpus Christi, at some later date; and Owner and Lienholder 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. 2013-391 10/10/13 Page 1 of 4 Mostaghasi Enterprises Inc. INDEXED 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. WITNESS OUR HAND this 2/ day of 0CJo , 2013. OWNER: MOSTAGHASI ENTERPRISES, INC. By: Hossei staghasi, President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2013, by Hossein Mostaghasi, President, Mostaghasi Enterprises, Inc. PRISCILLATORREZ s +�'"'j�` MISSION EXPIPE p €Rf,oti, MY 00 Apri15,2017 Page 2 of 4 Lien Holder: Charter Bank By: C` Raleigh Cosb Senior Vice-President STATE OF TEXAS § §` COUNTY OF NUECES § This instrument was acknowledged before me on this the day of / �'� 9 Y � 2013, by Raleigh Cosby, President, Charter Bank, a Texas banking institution, on behalf of said banking institution. Notary ;lic's ` : •-ture PRISCILLA TORREZ MY COMMISSION EXPIRES April 5,2017 Page 3 of 4 CITY OF CORPUS CHRISTI ATTEST: I ♦1'A.. Armando Chapa V es Pierso City Secretary Assistant C :nager STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this tO day of Ocfobe.0 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. KRISTT ICK ' Notary Public go, - I- A.. �I . !� ,'Q�'� , STATE OF TEXAS ■ otary Publi 4 ignature Comm.Exp.Apr.18,2016 ei1 APPROVED AS TO FORM: 0 day of pc,tO)Pr , 2013 Julia(y.A.;)\) nt Senior Assistant City Attorney for the City Attorney E:\WACCACHE\LOCALCACHESTORE\NT AUTHORITY_NETWORK SERVICE\A27F83403F074E3CB62EC85A041ECC61 1OUTPUT.DOC Page 4 of 4 . r , \4,•. „. . .. , ,,,,,,,r, ., ,. ..,......_...,..._ ,,,Ap/... ait . i. _______,_ CR I ,26 I r; ii SEBAS.TJAN 44NE I -.___._._... %% moisio ..■ LOT 19, BLOCK 5 1�' ININ LONDON CLUB ESTATES Asi el nw-111 `D CITY LIMIT LINE uNE ...:=..=.._____. ...hi".4 j -NE s iilli -U.. FM-4 /aly / LI L _ r r___ cp ,,,,, ,t 6 EXHIBI v Miles � gist- 0 0075015 0.3 "%Pt Ilia Mgr- Legend 1;, Corpus Christi Bay, „ LJ PLANNING.CITYLIMITS > Corpus 11111 �' ay C.� o IIII S Title: 'C1b.'F Printing Date:10/22/2012 =- File:K:\DevelopmentSvcs\SHARED\GIS Projects\4MguetlLondon_Ctub_Estates_Lt11_BIk4.mxd - - - � Prepared By MSS S / oa Illustrative purposes only. \ 4 City of Coordinate System: q Corpus NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP . (Tilt-istl O City of Corpus Christi O Development Services i r I r r '-1 _,_ . '�� Doct -01304883 3 Pages 6 11/1:3/2013 10:20AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 Any Provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion• Sexy Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces Counts, Texas Diana T. Barrera " : j,,fc: '7'tkl , A,iikiffidtik) -.---i._.1- ' i4_, .Wit.A...-1. c��r/ 1 eliIC00EL S. SAc.DAZA C. y of Corpus unnsti De )pment Services, Special Service 2406 Leopard, Suite '.1%) Corpus Christi, TX 78408 J