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HomeMy WebLinkAboutC2014-229 - 4/22/2014 - NA W Dc T 201.41:11.6806 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 Superior H & M Homes, LLC, (Owner), whose address is 6518 Lens Drive, Corpus Christi, Texas, 78414, Charter Bank (Lien Holder), whose address is 3701 Saratoga Boulevard, Corpus Christi, TX 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 13, Block 3, London Club Estates, also commonly known by its street address as 2513 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 and Lien Holder 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 Lien Holder 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 Lien Holder 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. 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 Lien Holder 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. 2014-229 4/22/14 Superior H& M Homes LLC INDEXED V. Owner and Lien Holder 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 and Lien Holder 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. 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 thay of .1� , 2014. OWNER: I or . H• LLC AL_ Hadi ostaghasi Member41. STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this tl1eL Pay of Irk/c 2014, by Hadi Mostaghasi, Member, Superior H & M Homes, LLC. "TRICIA ICIE.LEY Pc, 11j ,BION EXPIRES Notary Public's Si• ature '!n17 PATRICIA KELLEY �: MY COMMISSION EXPIRES Ex June 14,2017 Page 2 of 4 LIEN HOLDER: Charter Bank Raleigh Cosby Senior Vice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this thoZi day of Th:t 11 r , 2014, by Raleigh Cosby, Senior Vice President, Charter Bank ' ; PATRICIA KELLEY 4P&,..L , // *-� MY COMMISSION EXPIRES Notary Public's ignatu ,. June 14,2017 Page 3 of 4 City of Corpus Christi: ATTEST: By: Ii4By: , � ebecca Huerta Wes Pierson City Secretary Assistant C - ager STATE OF TEXAS § COUNTY OF NUECES § f This instrument was acknowledged before me on this Qday of , 2014, by Rebecca Huerta,,City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. + .,,,, "' pie MONIQUE TAMEZ LERMA ► ( (. ' '1.1 Notary Public ► 61/tAt-U �e1 I \ - N )* STATE OF TEXAS ► Ile ,4 •, ,Fo;tE+P: My Comm. Exp. 01-23-2017 Not ry Puate of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this \—1 day of Apr, I , 2014, by Wes Pierson, Assistant City Manager, of the City of Corpus Ch isti a Texas home-rule municipal corporation, on behalf of said corporation. 4--- 11 Noia►y Pup;;c Nota Public at 41 )1/ s STATE OF TEXAS `'3:3+' Comm.Ex.,A. . 18.2x16 APPROVED AS TO FORM: I7 day of )- ( , 2014. r, kflkyk.6,- -,S Julian Gr int Senior Assistant City Attorney for the City Attorney K\DEVELOPMENTSVCS1SPECIAL SERVICES\PLATS\WATER CONTRACT\LONDON CLUB ESTATES MATER SERVICE CONTRACT.BLOCK 5,LOT 1.2608 BALCHUCK LN.DOC Page 3 of 3 „....... -----.....„. o $04,_ , - / ., ❑ � / . ,,,r' 6\,, ././4„, (7---"\ CR 26 --1 ---------4:J SEBA N-1ANE r Z . I1 ,.._ Y0 Jct CITY LIMIT LINE ,,AT4SHJA LAAlir ✓ 0 LOT 13, BLOCK 3 — LONDON CLUB ESTATES _ °°_°°==' q _9 mut, LA ■ r ■ -14 / _... ____ / FM LJ U v 7 E HIBIT II 0 Miles m_ - 0 0.075 0.15 0 344 �� ir Legend Corpus Christi Bay PLANNING.Cl TYLIMI TS �'��,�' Corpus Christi ' r __ 41110C'fro0PiO o 4'4,s•4'4,s•Cx Title \V Tilb'� F ��! Printing Date.02/24/2014 •y;p0'' _ C O File.K.\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\London_CIub_Estates_Lt13_BIk3.mxd / \ D . = Prepared By.MSS SCity of Illustrative purposes only Coordinate System: a Corpus NAD 1983 StatePlane Texas South FIPS 4205 Feet -LOCATION MAP Christi ©City of Corpus Christi©Development Services I I I I I 1 -1 —,— ' /� ^ ' '')///4:14 /�� /^'/- ' ' ^y r i_ ' -- Doc , 2121141:116-1306�2121141:116-1306� t Poses 6 05/07/2014 12:55PM -‘)/1"4;^' --- - Official Records of NUECES COUNTY W DIANA T. BARRERA � ^� '*�~ ' COUNTY CLERK, J� Fees $35.00 = ~�)�4 0 `~ -~l C.L/��( � Any nrov{sion herein which restricts the Sole, / �� ^�' r 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 in file number senueoce on the dote and at the time stomned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Burreru 3