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HomeMy WebLinkAboutC2013-397 - 10/17/2013 - NA Dco.� 201 304333,4 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 Hadi Mostaghasi d/b/a H & M Homes ("Owner"), whose address is 6518 Lens Drive, 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 17, Block 5, London Club Estates, also commonly known by its street address as 2631 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 2013-397 10/17/13 Page 1 of 4 Hadi Mostaghasi dba H & M INDEXED 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( cz )A.covenant running with the land. WITNESS OUR HAND this ill day of ..A, , 2013. OWNER: HADI MOSTAGHASI d/b/a H & M HOMES By: ' ti� Hadi Mostaghasi, PAULA F.ROD s4." • MY COMWIISSION EXPIRES April 15,2015 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the/ (i` day of tn /L 2013, by Hadi Mostaghasi, d/b/a H & M Homes. Page 2 of 4 Lien Holder: Charter Bank By: ?cQ - C. Raleigh Cosby I Senior Vice-President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the IILIOay of ecAnar 2013, by Raleigh Cosby, Senior Vice President, Charter Bank, a Texas banking institution, on behalf of said banking institution. ' f PATRICIA KELLEY Notary Public's Signat9 *- MY COMMISSION EXPIRES }r= June 14,2017 Page 3 of 4 CITY OF CORPUS CHRISTI ATTEST: • Armando Chapa Wes Pierso City Secretary Assistant C ty M- ager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 11 day of DLf D 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. • KRISTY CLICK ••.AA I �fJ /47 ' Notary Public o ary Publi Signature [ STATE OF TEXAS I. • Conm_ExE.A� 19 2016 APPROVED AS TO FORM: I SIday of (064(/Y , 2013 (!/(� arcie Downing Assistant City Attorne for the City Attorney C:\USERSIAAVA\DESKTOPIWATER SERVICE CONTRACT.BLOCK 5,LOT 17.2631 DIGGER LN.DOC Page 4 of 4 4►. ,, l • If , E = LOT 77, BLOCK 5 LONDON CLUB ESTATES ■ p CITY LIMIT LINE LANF 1 LANE F r u u _ al E HIBlii" A Miles lkik Ift 0 00750.15 0.3 ° LegendCorpus Christi Bay [ IPLANN/NG.CI TYLIMI TS Corpus ChrisiiBay p00 ~4S iiiiFt .o C,�tL Title: • 0 Printing Date:10/22/2012 To r.E ---_____ File.K:\DevelopmentSvcs\SHARED\GIS Projects14Miguel\Landon_Club_Estates_Lt11_BIk4.mxd Prepared By:MSS S / a Illustrative purposes only 1 ''� I CjIV Of Coordinate System: - .7' Christi Corpus• NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP Christi ©City of Corpus Christi©Development Services 1 I I I • I ( T- ' . ~ 0oct 20 1 7 0 4 8 3 4 Poyes 6 11/13/2013 10:20AM Officio] Records of NUECES COUNTY DIANA T. BARPERA COUNTY CLERK Fees $35.00 Any nrovisinn herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Roce, Color, Religion, Sex, Hundicon, Fom/}/ol Status, or Nntinnnl Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES T hereby certify that this instrument wos FILED in file number senuence on the dote and at the time stumned herein by me, end was duly RECORDED in the Official Public Records of Nueces County, Texos Diono T. Rnrrern el 6 Frern: )14A L S. SAL-DANA C. of �- n ^~. y �, Corpus�[0�� k^���� \/ De re,,s, )pment Services/ Special Se ' 2406 �i �'�.� _ -- Leopard, ~="° .�=� C.,opus Christi, TX *~ ' `