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HomeMy WebLinkAboutC2013-403 - 11/12/2013 - NA 5 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 HOUGH HOMES, LLC, (Owner), whose address is 4617 Larkspur Lane, Corpus Christi, Texas 78416, FIRST COMMUNITY BANK ("Lienholder A") whose address is 14254 South Padre Island Drive, 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 10, Block 5, London Club Estates, also commonly known by its street address as 2672 Balchuck Lane II. Lienholder A has a Deed of Trust on the property described in paragraph I. HI. 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 agree 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 contract and 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 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 properties or at a later date to be solely determined by the 2013-403 11/12/13 11-11-13 A09 : 2 1 IN INDEXED Hough Homes LLC City Council. VI. Owner and Lienholder agree and understand that, in addition to any other remedies available to the City, a breach of the covenants or conditions in this contract render the Owner liable to termination of the delivery of water and, upon a finding of fact by the City Manager that any of the aforesaid covenants or conditions have been materially breached, the delivery of water to Owner shall be terminated. VII. All connections to the City water system are subject to the same and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. VIII. IT IS AGREED by and between the parties hereto that all of the above 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 day of C V . , 2013. OWNER: Hough Homes LLC L.A.A )<- Michael R. Hough Managing Member STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the X day of lihC V ' 2013, by Michael R. Hough, Managing Member, Hough Homes LLC. Notary Public's I - -- — - — TEINER ► Fie ELVA A S ► z' ° Notary Public 4 •` STATE c TEXAS ► 4 , : . 9022017 ► r ........: � My Comm.m Exp. Lienholder A: _ _ - - First Community Bank 14254 South Padre Island Drive Corpus Christi, Texas 78418 Page 2 of 2 By: es raham Senior Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of Y 2013, by Miles Graham, Senior Vice President, of First Community Bank, a Texas corporation, on behalf of said corporation. zet_i ' Notary Public, State of Texas - _ _ELVAT A STEINER��� `• tary Public E OF TES re,7t. .. My Co . Exp, 09.02.2017 ► CITY OF CORPUS CHRISTI ATTEST: 'I rmando Chapa Wes Pierson City Secretary Assistant City Manager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this I day of (v n ll 6m I DP_ 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. ""' °e _ KRISTY GUCK • � Notary Public •∎4 .1 .1 jQ ' STATE OF TEXAS No ary Public' 'ignature r/Comm_Exp.Apr. 18,2016 APPROVED AS TO FORM: day of , 2013 Julian Gr t Senior Assistant City Attorney for the City Attorney Page 3 of 3 Li 4/./404 f' 4%9 , \ • '/ :AL, ' kiiiii ii ii C 26;; ii ii -.......,4 SEB_ !A •NE \ t _ ''''''''''1-' LOT 10, BLOCK 5 / ii r Z .' 1 LONDON CLUB ESTATES ` I /, -r z. _ ii I1 —I „, CITY LIMIT LINE ii ►7 AT• .LAN' ��'� 'I l_ i = 0 Il 0 Q Q ,mCAITLYN LANE a..■... _ / a iiii rr IF / ���� '` M C L— U U V ki EXHIBI , � S� \ ,E v Miles 0 0075015 03 •1, Iglu w Legend -y corpus Christ/Bey ["1 PLANNING.CITYLIMITS ,, . . 11,111 � TRIe: � ``�7%-E - \ ■ Printing Date:10/22/2012 �e;li� __ p File K\DevelopmentSvcs\SHARED\GIS Projects\4Mguel1 London_Club_Estates_Lttt_BIk4.mxd J -�.\ t ��wi Prepared By MSS S Illustrative purposes only. 1 �4` City of Coordinate System _ 4$ Corpus NAD 1983 StatePlane Texas South FIPS 4205 Feet v ©City of Corpus Christi©Development Services LOCATION MAP I --7--Christi ` � •• ' +^� . , Doct 20 1 305 1 506 t Puyes 5 12/03/2013 3:29PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $31.00 Any nrovision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Reliyion, Sex, 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 senuence on the date and at the Fronn: �—�uf�_ ��. S^Lt, ~ �� time stomned herein by me, and wos duly RECORDED — �� --'�~------� in the Official Public Records of C. � � ~ ^�� \/7/ / of ��0�� �� N Counts,�^� y � ^� �� �� ueces oun y, y - -'r-- ' ' Diana T orreru ` N m� !� ' ��/ " T. " ^°��� �����,.^ "��������/ -�- - - - Special � ��' . Not ��.�~.~_- _— 2406 Suite�~== �����"�, ���"ww ."w -~~ Corpus Christ TX