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HomeMy WebLinkAboutC2013-409 - 12/10/2013 - NA Do 2014-000189 10189 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 an original by and between MPM Homes, Inc., (Owner), whose address is P. O. Box 331308, Corpus Christi, Texas, 78463, 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 8, Block 7, London Club Estates, also commonly known by its street address as 2542 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 covenants 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 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 City Council. V. Owner agrees and understands 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 2013-409 ble for termination of the delivery of water to the property and, upon a 12/10/13 MPM Homes Inc. INDEXED 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. VI. 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. VII. 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 day of bet t',6 . , 2013. OWNER: MPM Homes, Inc. Moses Mostagh_ Managing Member STATE OF TEXAS § COUNTY OF NUECES § l.. This instrument was acknowledged before me on this the �' day of 4 , 2013, by Moses Mostaghasi, Managing Member, MPM Homes, Inc.. q6c-- Notary Public's Signatur apt P� ELVIA SALAZAR ri ` Notary Public,State of Texas � },,,° My Commission Expires +.F„�t,,, March 28,2014 Page 2 of 3 CITY OF CORPUS CHRISTI ATTEST: Rebecca Huerta Wes Pierso Interim City Secretary Assistant ty =nager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 1 D day of _ 1�t?CP, bex 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. 4 ,► �, KRISTY GLICK Notary Public i/_ A/I«I ' STATE OF TEXAS ■ 4ta Public'j7cnature Comm.Exp.Al . 18 2016 ' APPROVED AS TO FORM: /0 day of Gsl .13c. , 2013 n 11 Julian Grant Senior Assistant City Attorney for the City Attorney C:\DOCUME-1\MOSSA\LOCALS-1\TEMP\WATER_SERVICE_CONTRACT.BLOCK_7_LOT_8.2542_DIGGER_LN.DOC Page 3 of 3 , . • -----............„, 0 4Q,Ail., „/ ❑ 4\4,` A., ,,,,,___, '..---------ss-----\\,..,_j 4111111. / i CR 2g V I -< rm.ink_ NINE,_ Z •J Z_, Y —I 2. LOT 8, BLOCK 7 _____—____- --•—_____ �JATA�3tiIALANf LONDON CLUB ESTATES "' CITY LIMIT LINE // 2 LLLL(7JJ It- , c)465 /1 J (� — /f====--=====tl Q O.. mCAITL NE / 1_ INNI NO ... F . I / __I' " ._ F11+1 L LJ Ei id '\ !,; 1.11 . .P 781 0 Miles \kr_�,� 0 00'5015 03 J. ti m r Le gendr-2i\` Corpus Christi Bay PLANNING.CI TYLI MI TS Corpus Christi Bay• rag 111111111 41131 OA, Te so Title: \ /... 0,,L. ��1 Printing Date:12/03/2013 _ File:K\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\London_Club_Estates_Lt8_BIk7.mxd ;+.r•a / a Prepared By MSS city co Illustrative purposes only. CO 0 Coordinate System. ' NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP "'� Christi ©City of Corpus Christi©Development Services 1 r 1 1 1 1 -r s \\‘j Doc 2014Ofe_11$9 Pages c 01/03/2014 10:02AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $31.00 Any 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 I hereby certify that this instrument was FILED F_ : IY LsEL S. SAL;DAK,q in file number sequence on the date and at the \i( __ ----_ time stamped herein b9 me, and was duly RECORDED C. j' of Corpus Service s,' Diana T. Barrera Special ServicE '° ' 2406 Leopard, Suite • C J iv `‘ C :A-pus Christi, TX 784