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HomeMy WebLinkAboutC2014-413 - 9/30/2014 - NA 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, Devonshire Custom Homes, Inc. ("Owner"), whose address is 2129 Airline Road, Corpus Christi, Texas 78414 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: Lot 11, Block 2, London Club Estates, also commonly known by its street address as 2683 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 agrees 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 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 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 agrees 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. 2014-413 9/30/14 Devonshire Custom Homes inc. Page 1 of 3 INDEXED V. Owner agrees and understands 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 this0-2Pingday of 14. Owner: .400 By: .vid Zarg %oni, Manager Devonsh.-- Custom Homes, Inc. STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 4t y of , 2014, by Navid Zarghooni, Manager, Devonshire Custom Homes, Inc. g �� ,�t���.,� try t�'�� � State of Texas,�3 Voiary �u 'a y��fN Notary Public, I y yvOfmi,Scion xo?°es .0 MICHELLE M RIVERA Wi'AI,*. Notary Public, State of Texas My Commission Expires SEPTEMBER 30 2017 Page 2 of 3 City of Corpus Christi: ATTEST: By: Piz-Le_A.2,C )`'' '.[I.Akivf.2 il....... Rebecca Huerta Gust. o Gonzales . City Secretary Assis =nt City Ma ger STATE OF TEXAS § COUNTY OF NUECES § 6 -(1 This instrument was acknowledged before me on this day ofo./? ,C1 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a -exas home-rule m a:,i•,al_corporation, on behalf of said corporation. ' ,,rp,a ,.„j� RVP1 MONIQi1E TAMEZ LERMA ► 1r OAAA9p/Le g41 '` XAS ` 4`' t 1TNotary%. �' r•: y Public ► •.,s;.., ;/..” y S7A`rE xp 01-23 ► Notary‘Public, State of Texas ''?For,,,.4A M CORI�T. EXp. )1-?6'2017 ► STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this as day ofPi-eviA laz-r , 2014, by Gustavo Gonzalez, Assistant City Manager, of the City of Corpus Christi a Texas home-rule municipal corporation, on behalf of said corporation. .�"-1?, KRISTY it iCK - A � vim/ , I. �,, Notary Publit 4, STATE OF TEXAS N. ary Publi II.tate of Texas `%i.-i._`' Comm_Etp Azr.18,2016 7 A APPROVED AS TO FORM: Q ) day of � FTIT b?ir , 2014. ry 1 -4... >:)-tA(/ 1 Julianrant Senior ssistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICESIPLATS\WATER CONTRACT\LONDON CLUB ESTATES\WATER SERVICE CONTRACT.BLOCK 2,LOT 11.2683 BALCHUCK LN.DOC Page 3 of 3 IIMINIMMMMII IMMk • O \ 40 4111*** S./11P* • NA:NT‘% Wbit, .\''.---.N.--\\j,...--------rN---\____ , _. . 1 7-r"--\ LOT 11, BLOCK 2 C R-2 61— . LONDON CLUB ESTATES AN LANE _---- _.--- jam— RI : ?s,LAN CITY LIMIT LINE / il— . .tea ,�°1177 'n _ / 1 LI U r e ility .\ EXHIBIT , � 0 Miles „- � 0 0.0750.15 03 ``�,�� � �.i S Legend Corpus Christi Bay i i PLANNING.CITYLIMITS • � L ' opusChr, I.t....0... : 1111141°. Mzlis NAS , z .y1 Title: µ A•'b t: Printing Date:01/07/2014 1�7 -- File:K\DevelopmentSvcs\SHARED\GIS ProjectsMMguePLondon_Club_Estates_Lt7_BIk7.mxd ,' 7 C .a....= Prepared By MSS S / a Illustrative purposes only. . . \ City of Coordinate System: _ o Corpus NAD 1983 StatePlane Texas South FIDS 4205 Feet LOCATION MAPr Christi ©City of Corpus Christi©Development Services ra 1 , , ■ 1 .-t / T . � From: M s_ y~' � "0 Corpus �wvm~ ����w w' m" �o 2406Deletipment Services/ Special Services Leopard, Suite ��� °�^p Corpus ����� �� "wv "m�^ "^^ 78408 Doct, c.11 4 0 384 0 5 1: Pages 5 10/03/2014 1r37PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $31.00 Any nrovision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Hundicun, 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 senuence 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. Burrero