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HomeMy WebLinkAboutC2014-230 - 4/22/2014 - NA • S Cho•:=a 2014016807 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 made and entered into an original by and between, Sima and Steve Inc., dba Steve's Homes, ("Owners"), whose address is 4833 Saratoga Boulevard, PMB #161, Corpus Christi, Texas 78413, First Community Bank, ("Lien Holder"), whose address is 14254 South Padre Island Drive, Suite 100, Corpus Christi, Texas 78418 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described 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, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to-wit: London Club Estates, Block 5, Lot 1, also commonly known by its street address as 2608 Balchuck 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 Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes 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 of 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 improvements. IV. IT IS AGREED by and between the parties to this contract and agreement that the above described land and territory 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; and Owner and Lienholders agree to annex said property within 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. 2014-230 4/22/14 Page 1 of 3 Sima and Steve Inc. INDEXED V. Owner and Lien Holder agree and understand that, in addition to any other remedies available to the City, a breach of the covenants and conditions in this contract render 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 rules 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 said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this ' day of A?t,1 2014. Owner: By: ,, . Sima Nasr Director, Sima and Steve, Inc., dba Steve's Homes STATE OF TEXAS § COUNTY OF NUECES § I+,A � This instrument was acknowledged before me on this the L) I°`day of J �L 2014, by Sima Nasr, Director, Sima and Steve, Inc., dba Steve's Homes. 4 / :.A.. WONNE MUNOZ ► / ' `� .= Notary Public ;_� •. ' s;... STATE OF TEXAS V 4 -�Teo��e*P� My Comm. Ex � �� � Exp 08-22- - ta ub , State of Texas Lien Holder: + By: i es raham, Branch Manager First Community Bank STATE OF TEXAS COUNTY OF NUECES § 114) This instrument was acknowledged before me on this the day of ( , 2014, by Miles Graham, Branch Manager, First Community Bank. ) 0s\dv0 d‘o ISANDRA A.SOUZ � 1lgerypeime.11euetTem Public, State of exas •� of 3415pin otary Page 2 of 3 City of Corpus Christi: ATTEST: By: I jai___ '/ fill, 2s '`�C� By: Rebecca Huerta Wes Pierson City Secretary Assistant C - ager STATE OF TEXAS § • COUNTY OF NUECES § This instrument was acknowledged before me on this v�day of 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, Texas home-rule ' crpration;.o of said corporation. i g.A.L..jt2._./ .,_ - w = i2 _, A�_ -2----."a" MONIQUE TAMEZ LERMA 4 ! 4 • r : c ,- Notary Public 4 ?`••. frA STATE OF TEXAS Notary ublic, Sta of Texas 411 :'4rE0FZE+?:' My Comm. Exp. 01-23-2017 - v v Ne-s, v v v v v v v STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this Li day of et ,Q, , 2014, by Wes Pierson, Assistant City Manager, of the City of Corpus Ch isti i a Texas home-rule municipal corporation, on behalf of said corporation. ". KRISTY 6UCK I :d �' Notary Public //A A .Al 1 :1•A 1 '4 STATE OF TEXAS v. r '' .-;:-It Comm.Ep.Air.t8 2016: ota Publi Ata o exas itil APPROVED AS TO FORM: f 7 day of )f i( , 2014. olete., Julian Gr nt Senior Assistant City Attorney for the City Attorney K1DEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\WATER CONTRACT\LONDON CLUB ESTATES\WATER SERVICE CONTRACT.BLOCK 5,LOT 1.2608 BALCHUCK LN.DOC Page 3 of 3 ‘,4,...... „., -4,4t , 4** , ,o. 11111111 ,. 2\11111111 ft--_.■ ■ t K____ __-, i.rNE ...-... LOT 1, BLOCK 5 LONDON CLUB ESTATES `A' CITY LIMIT LINE ii LANF II �� II —riON LANE ' ---_L.__ I / , / rFMS - - U f il A T E HIBI IT Ah- I o Miles P\ e_T Jo. 0 0.075 0.15 0.3 S, en ille Legend - , r corpus Christi Bay i PLANNING.CI TYLIMI TS V, Corpus Christi Bay "ie.. NAS 11111CV `���s Title: . ..:Ii -iAlb,-E Printing Date:04/03/2014 .�� :\D '- • File:KevelopmentSvcs\SHARED\GIS Projects\4Miguel\London_Club_Estates_Ltt_BIk5.mxd S / n Prepared By:MSS yr' Illustrative purposes only. CItV Of Coordinate System: ; �,t0l j)tl, - NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP C h ri`t i ©City of Corpus Christi©Development Services r 1 r r I i -r / �� . 1401.1 ..."' . ' � /� . / �n� — � vr , / ( � �\ ° ��/ �~~ ^* ' Doct 20 1 40 1 6807 ��L/��� - t Pages 5 �u � ~f 05/07/2014 12:55PM Official Records of NUECES COUNTY DIANA T. 8ARRERA COUNTY CLERK Fees $31.00 Any nruvisioo herein which restricts the Sale, Rental or use of the described REM PROPERTY because of Racer 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 seouence on the date and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Noeces County, Texas Diana T. Barrera 7P eh . � ) ��. .