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HomeMy WebLinkAboutC2013-408 - 11/20/2013 - NA t 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 CLINT BUSENLEHNER and ALLISON BUSENLEHNER (Owners), whose address is 4138 County Road 77, Robstown, Texas 78380, 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 2, Block 1, Melvin Estates, also commonly known by its street address as 6702 Digger Lane II. 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. III. Owner agrees 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 consents 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 agrees 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. IV. 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 agrees 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. V. Owner agrees 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 2013-408 upon a finding of fact by the City Manager that any of the aforesaid 11/20/13 Clint Busenlehner& Allison INDEXED V. Owner agrees 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. VI. 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. VII. 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 �1 day of Ar , 2013. OWNER: Clint Busenlehner Allison Busenlehne STATE OF TEXAS § DIANE H. MILLER r• tVOfOf COUNTY OF NUECES § __1: M V Public,Stote of iexos f.c` , V Commission Expires September 04, 2017 This instrument was acknowledged before me on this the // day of /9L-7.4,^ 2013, by Clint Busenlehner and Allison Busenlehner. //(6&__ Notary Public's Signature Page 2 of 3 CITY OF CORPUS CHRISTI CITY OF CORPUS CHRISTI ATTEST: OS° Re_ Lt/ce—c. 12z,V. A.1A, Armando Chapa Wes Pierson City Secretary Assistant City _ ager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this Qv day of N vytk2 a---- 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. AJAJLAMAIAA ce,P ESTHERVELAZQUEZ � V�IJ"'� ' " My Commission Expires Notary Public's Signature ��- July 05,2014 APPROVED AS TO FORM: 15\ day of ` OUP c'`\\cle( , 2013 1. w Julian rant 9-3-L1 /\' Senior Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\WATER CONTRACT\MELVIN ESTATES\WATER SERVICE CONTRACT.BLOCK 1,LOT 2.6702 DIGGER LN.DOC Page 3 of 3 j ilk, II � ff --4w4 „ . 44,4 .;Al n J LOT T2, BLOCK I ,�'� ,� MELV/N ESTATES (pi fl,....4iihini ! 1 . iuiuI. CR 26 111 III \ 111111_L h. V ; ; / liii. ■■■■ a•maw mi au us a al mum au err ■■■■ . J u u 11-1 . mom_ ..... ..„ — 2 1 EXHIBIT A —.miles re � L 6 0075075 03 1011410� I∎ Legend -.�\ II ° Corpus Christi Bay,, _.._.._ PLANNI NG.C1 TYLI MI TS r \ _ r� 'o IIIU!! / \ ^ oej�s Nos . \ o Printing Date 11/07/2013 IN F __ _ 6 File K\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\Melvin_Estates_Lt2_Blkl.mxd -4'`' ---_-` ..... � Prepared By corpjmm �� Illustrative purposes only. Cj � 4 City ot Coordinate System. --<4.,..... a CorpllS NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP `s C hi"u s ©City of Corpus Christi©Development Services , Doc 201'3051. O5 I' `ages, tO 12/03/2013 3t29FM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK. Fees $31.00 An provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES F m: M1�aUEL S. $,qLO _ A I herb cart fs that this instrument. was FILED in file number sequence on the date and at the C. y of Corpus W�risti time stamped herein b3 me, and was dui3 RECORDED in the Official Public Records of De r� �pment Services/ Nueces Counts, Texas Special Services Diana T. Barrera fe?...- A et. 2406 Leopard, Suite .O J -! ` t Corpus Christi, TX 78408 - n.,