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HomeMy WebLinkAboutC2014-414 - 10/9/2014 - NA D4:31=4-- 2014047737 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, The Lonestar Mark Inc. dba Kingdom Builders, ("Owner"), whose address is 4833 Saratoga Boulevard, Suite 612, Corpus Christi, Texas 78413, Charter Bank ("Lien Holder"), whose address is 3701 Saratoga Boulevard, Corpus Christi, Texas 78415 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 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, 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 12, Block 3, London Club Estates, also commonly known by its street address as 2521 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 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. 2014-414 10/09/14 The Lonestar Mark 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 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 thisay of / , 2014. OWNER: The Lonestar Mark Inc., dba Kingdom Builders a ar Manager ,,,... KENS My Commission Ex es STATE OF TEXAS § ,'�I October 15,2017 § COUNTY OF NUECES § � �da m1 , This instrument was acknowledged before me on this the , a"1,� "day of '/ 2014, by Mark Garza, Manager, The Lonestar Mark Inc., dba Kingdom Build s. Lien Hold Ch nk By: /avid Cadena Vice President STATE OF TEXAS § COUNTY OF NUECES § , This instrument was acknowledged before me on this the !y(day of , 2014, by David Cadena, Vice President, Charter B94rFA.94p___ S Notary Public's Signature 1. �P��" ULTRA TARY V PENH 1 - NOPUBLIC ,.u).%.°AP; State of Texas .4.2,....•••'` Comm.Exp.12-02-2015 Page 2 of 3 CITY OF CORPUS CHRISTI ATTEST: r2S2-14-e.C..“. iz *--V,12/\A--r Rebecca Huerta Gustav Gonzalez City Secretary Assista t City Mana r STATE OF TEXAS § § COUNTY OF NUECES § -- This instrument was acknowledged before me on this 1 day of Dio IOp , 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. ,,';P �P.e'... MONIQUE ary TAMEZPublic LERMA t/. ' y� Not STATE OF TEXAS ,,7 9.FTE+?y My Comm. Exp. 01-23-2017 —la ' -Q-11arVt-e-&-j V V V V V ...-- s., vv ..- v Notary Pub c, State of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this i day of 0 HO 6e4C-) 2014, by Gustavo Gonzalez, Assistant City Manager, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. . V 0 < /•• •'!. .°Ye:;;,_ MONIQUE TAMEZ LERMA i 0 .,. __�zi 401 t` ,4,'.2.1 Notary Public Notary,,Public's Signature I '., `qk 1 , STATE OF TEXAS •:sls;FOFtEPy,'' My Comm. Exp. 01-23-2017 • v v v v v v v v v v v . APPROVED AS TO FORM: 7 day of 6c-6 , 2014 tsj,:...) w Julian Gra fr Senior Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\WATER CONTRACT\LONDON CLUB ESTATES\WATER SERVICE CONTRACT.BLOCK 3,LOT 12.2521 DIGGER LN.DOC Page 3 of 3 444,/ kit 0 # \--) /6-7\ iltl: ;,, C R .(`- 1 1 1 1 1 1 1`— it 1 u"' SEBASTIAN LANE 1.--4,L 1 .1— I / , Y - LOT 12, BLOCK 3 — — — — ....... JAT �A LANE . LONDON CLUB ESTATES ) � � n CITY LIMIT LINE _) Q -- _� _ _ - - MC. • E ; L ••• ._ 1; il__ C l J Ari, btd q.!r Lei{ ilor tr.i' ji?i ifet ta,G_', .i di, ::ric _nu bnn b i l nv. Q' J1 9f tol iiii.:i itits Jnsmoljavi ei:. IEE x ift, 17134 - .. Y. �-'/ --i\, 0I Miles AP.3TAA9 T A 4 ' ''' - 0 0.0750.15 0.3 { (�}�``,Z-J^Z'� rii,��•''' j`,-41.41.114,,a,i ;,,ti.—.1 ii \'‘ T�, 0 Legend 1 .,:,,,,„\ Corpus Christi Bay [ lPLANNING. CITYLIMITS • CorpusCttrsfiBa FF ifti o,t -4.0.,0.0NAS — Title: db,- 111 g �rs Printing Date:04/03/2014 '�r' File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel1London_Club_Estates_Lt12_BIk3.mxd 7 \ i _moi Prepared By:MSS F City Of Illustrative purposes only. \ COiE)U Coord nate System: - - NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION I AP Christi ©City of Corpus Christi CO Development Services —r t I r I r -r ,— • From: \\UU-L S. SAL-D4 r tt Corpus inrisfi De rAlpment Services/ J Special Services 2406 Leopard, Suite :CO Garpus Christi, TX 78408 Dod 2014047737 Pages 5 12/12/2014 9:48AM Official Records of NUECES COUNTY MS. DIANA T. BARRERA COUNTY CLERK Fees $31.00 Any Provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, 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 stamped herein by me► and was duly RECORDED in the Official Public Records of Nueces County, Texas MS. DIANA T. BARRERA