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HomeMy WebLinkAboutC2014-253 - 6/25/2014 - NA U 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, Mostaghasi Enterprises, Inc. ("Owner"), whose address is 3701 Cimarron Boulevard, Corpus Christi, Texas 78414, Charter Bank ("Lien Holder"), a Texas banking institution, whose address is 3701 Saratoga Boulevard, Corpus Christi, Texas 78415 and the City of Corpus Christi, Texas ("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, 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 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 8, London Club Estates, also commonly known by its street address as 2696 Digger Lane II. Lien Holder holds a valid mortgage lien interest in the property described in paragraph I of this Agreement. III. 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. IV. 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 of 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. V. 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 Lienholder agree to annex said property within the effective date of such annexation being the date when 2014-253 6/25/14 Page 1 of 4 Mostaghasi Enterprises Inc. INDEXED 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. VI. 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 and conditions stated in this Agreement may render Owner liable to 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. VII. 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. VIII. 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 9 day of D-one_ , 2014. Owner: M taghasi Enterprises, Inc. By: Hossein Mostaghasi, President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the l day of *O-i.vv`e 2014, by Hossein Mostaghasi, President, Mostaghasi Enterprises, Inc.. A < 0..' KEVIN BOLDT 1C < `:_ �A `: Notary Public < s, • `(1 STATE OF TEXAS Notary Public, State of Texas < ;.G E*P•• My Comm. Exp. 04-24-2016 c;"';••• JvvNe Ne- Page 2 of 4 Lien Holder: Charter Bank By Raleigh Cosby Senior Vice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the? i4 day of mune- 2014, by Raleigh Cosby, Senior Vice President, Charter :ank, a Texas banking institution, on behalf of said banking institution. Notary Public's Si : re :: Vik:; PATRICIA KELLEY ='s ',:' MY COMMISSION EXPIRES -ski•kyll June 14,2017 Page 3 of 4 City of Corpus Christi: ATTEST: By: r_ i. R-■ • By: L L Rebecca Huerta Wes Pier aCity Secretary Assistant Manager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 9-5fid—a; of 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Chr i, a Texas home-rule municipal corporatio , • _•:_� -If of said corporation. 1 f ; ��� MONIQUE TAMEZ LERMA .`ir ��." •: Mtn, PubIIC •' `� STATE OF TEXAS I 4 .,s• .,..,. My Comm. Exp. 01-23-2217_ Nota Publi , State of Texas , STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of JcAAe 2014, by Wes Pierson, Assistant City Manager, of the City of Corpus Christi a Texas home-rule municipal cons oration, on behalf of said corporation. rp.P,s, KRISTY GLICK -On Notary Public STATE OF TEXAS � Q„ �•r.:i��„ Comm. • .1: 2016 � ( � ,,Ci^Jq�' /V[� N. -ry 'ubic, liteofTexas APPROVED AS TO FORM: day of Jsz. , 2014. - '61 Julian Gra Senior Ass tant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\WATER CONTRACT\LONDON CLUB ESTATES\WATER SERVICE CONTRACT.BLOCK 8,LOT 13.2696 DIGGER LN.DOC Page 4 of 4 / -- 44- I - / 40 1.,, : 44*/ . ..,\ .41* 64.94*/ , ---,..,,,, ____. r LOT 13, BLOCK 8 n C R 2 6 LONDON CLUB ESTATES i! /r SNE i"1 __ v CITY LIMIT LINE zNAT MFIIA LAN (I ��'i�..WWF a -1:041141N LANE . t- 1 I ___ 1 ni .\ S' EXHIBIT 1 ► o Miles .. !IL- - --- 0 0.0750.15 03 M 1111k LI Minia- Legend - Corpus Christi Bay r•ameamonn %) i PLANNING.CITYLIMITS Corpus Christ/Bay l c14.< y o�,„ ryas � �s N Title: i W � I- Pnnting Date:01/07/2014 ,; p File:K:\DevelopmentSvcs\SHARED\GIS Projects%4Miguel\London_Club_Estates_Lt7_BIk7.mxd \ a Prepared By:MSS S / f Illustrative purposes only. City O c Corpus Coordinate System: - �' NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP Christi ©City of Corpus Christi©Development Services 1 1 t t t 1 -i r From M14uEL S. SAutArJA C 1 of Corpus inristi Deial.)pment Services/ Special Services 2406 Leopard, Suite C J Carpus Christi, TX 78408 Doer' 201. 4n2r-i952 Pages 6 07/08/2014 11:180 Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.O0 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 in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera -ti'Yt�1