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HomeMy WebLinkAboutC2014-408 - 9/4/2014 - NA r-. J 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, K & M Luxury Homes, Inc, ("Owner"), whose address is 46 Bar Le Doc, Corpus Christi, Texas 78414, First Community Bank ("Lien Holder"), whose address is 14254 South Padre Island Drive, 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 2, Lot 2, also commonly known by its street address as 2615 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 agreementthat 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. 2014-408 9/04/14 Page 1 of 3 K & M Luxury Homes 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 , 2014. Owner: / / By: • =ir. 'houni, President & Luxury Homes, Inc. STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of u 2014, by Kamran Zarghouni, President, K & M Luxury Homes, Inc. /P"!i"a SUSAN ARLENE WORCESTER �\! s NotaryPublic,State of Texas "� leict."4-12.-x/ iiii�` My Commission Expires a f ��*- nm�� July 25, 2015 Notary Public, State of Texas Lien Holder: By: Iles Graham, Branch Manager First Community Bank STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the(l iday of at/ /A , 2014, by Miles Graham, Branch Manager, First Community Bank. 0 SANDRA Asour otary Public, tate of exas .. '. Salary 0•90c,SoIN texas My CemmIttN0 09 3/2015 Page 2 of 3 City of Corpus Christi: ATTEST: By: By: //ii Rebecca Huerta - u a o onzalez City Secretary Assist-nt City Mana er STATE OF TEXAS § COUNTY OF NUECES § • This instrument was acknowledged before me on this r 1 day of pi b 4 , 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. < PBS;: MONIQUE TAMEZ LERMA < .`; Notary Public > Not ry Pub c, State of Texas D� ` _ STATE OF TEXAS Sf•.... T5;' < •••.,+,FOFt�+„ My Comm. Exp. 01-23-2017 > 'Gr- ?C xx S' v v v v§♦ COUNTY OF NUECES § This instrument was acknowledged before me on this day of 2014, by Gustavo Gonzalez, Assistant City Manager, of the City of orp s Christi a Texas home-rule municipal corporation, on behalf of said corporation. < APS" _ MONIQUE TAMEZ LERMA > 1Yk\9 < ' �A� Notary Public < ';�'•., ``1 STATE OF TEXAS Notaryc, State of Texas s < •..-r.,,EOFtE+P: My Comm, Exp. 01-23-2017 Wvvvvvvvvvv , 4 44t J day of APPROVED AS TO FORM: 0 , 2014. jcisej,jek ph Brice Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\WATER CONTRACT\LONDON CLUB ESTATES\WATER SERVICE CONTRACT.BLOCK 2,LOT 2.2615 BALCHUCK LN.DOC Page 3 of 3 a 444p/ ..., w ,04114/. I 7—/— / .4 CR 20 SEEMSTtAis.NE -z4lat , LOT 2, BLOCK 2 NI ' LONDON CLUB ESTATES : /' OM rb CITY LIMIT LINE _ A LANEL �= 0 / Q 0 mCA1TLYN LANE; l.a± a ala�_ a ala_ - r J I oma_ r / •am FIN H QT EXHIBI __- 181 .! v Miles 0 0.075075 03 ©' Ikiiin ' .. • Legend - corpus Christi Bay [ 1PLANNING.CITYLIMITS \kg, Corpus Christi Bay NNW 4721 ,), (...., oli.._, Title. W. 4,::4;' Iiiia E Printing Date-08/25/2014 \ ..=—"— p File:K'.\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\London_Club_Estates_Lt2_BIk2.mxd / a .. = Prepared By-.MSS s e City of Illustrative purposes only ` 4 Corpus Coordinate System. — NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP Christi ©City of Corpus Christi©Development Services r r r i r --r `tt . . M����s�L S • ��z� � � �.~ ' `°� � Corpus ��iristi De talopment Services/ � Special~ �+� � Se °~t~ 2406 Leopard, ���m 'K�� ��wm .w^u Corpus Christi, TX 78408 Doc It 2 0 1 0 3 Fi I")2 4 � Pages 5 09/11/2014 1:05PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $31.00 Any nrovis\on herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race? Color, Relioion, Sexy 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 stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera 1%