Loading...
HomeMy WebLinkAboutC2014-428 - 11/11/2014 - 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, 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 7, Block 1, London Club Estates, also commonly known by its street address as 2535 Balchuck 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 2014-428 11/11/14 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 3 day of Mmit., 13 e.r , 2014. Owner: wsstaghsi Enterprises, Inc. By \ / d4fA,,,p` Hoss..n Mosta••. i, President - ': PRISaLLA TORREZ `: " MY COMMISSION EXPIRES ,, April 5,2017 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 3 day of I'��Oti€6)( { 0(01d 2014, by Hossein Mostaghasi, President, Mostaghasi Enterpris;;, Inc.. Notary 'f blic, S - exas Page 2 of 4 Lien Holder: Charter Bank By: PRISCILLA ToRREz Raleigh Co . " 4.1 MYCOMM1ss-J,vEXPIRES Senior Vice President ''44 AVIS,2017 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 3 day of I f IA.Allic- 2014, by Raleigh Cosby. Senior Vice President, Charter Bank, - ex-.- banking institution, on behalf of said banking institution. 41.fiti Notary'!? ic's S'• i- re Page 3 of 4 , City of Corpus Christi: ATTEST: a A I By: ee. 14,....„....„(7_, By: 1 ebecca Huerta Gust. o Gonzales • City Secretary Assis :nt City Ma ager STATE OF TEXAS § COUNTY OF NUECES § IL.. This instrument was acknowledged before me on this I jday of Lig inteirldo.a... 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule -muniri al corooratio , or �n ��alf of said corporation. a „•••6...„.,..W,4,'0,,,„ "gip a,;'•. MONIQUE TAMEZ LERMA > , �� c, Notary Public > ` e / �/ 4 >'. .../ . STATE OF TEXAS a 4r +P Mycomm, Exp. 01-23-2017 of ry Publi , State of Texas IFeo,,s.: i vv v v vvv v vv vv • STATE OF TEXAS § COUNTY OF NUECES § ` ti,�, til This instrument was acknowledged before me on this lU day of11.\15-11-t..44\10.e.g.....9, 2014, by Gustavo Gonzalez, Assistant City Manager, of the City of Corpus Christi a Texas . home-rule municipal corporation, on behalf of said corporation. < •• •P?.e';•: MONIQUE TAMEZ LERMA �A� Notary Public ,,.k.. 04, :' STATE OF TEXAS Not ry Publ , State of Texas 1'\-6 < '..,:'„,;.:,...OF1E+P....•. My Comm. Exp. 01-23-2017 ia - Ne- vvvvvv • vv APPROVED AS TO FORM:5 day of 11604C( , 2014. Nui6L., I Julian Gran( Senior Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\WATER CONTRACTLONDON CLUB ESTATES\WATER SERVICE CONTRACT.BLOCK 1,LOT 7.2535 BALCHUCK LN.DOC Page 4 of 4 R v� , _ .4:iit# 6:3, t!-_-_ Illlllll= ■ ■ ,— ANE is C— i - — LOT 7, BLOCK 1 CITY LIMIT LINE NA Jig--LA ' LONDON CLUB ESTATES j ®J t. LANE /A r FM-4 .cit 4 E HIBIT J!!'ll -_j7 r / o Miles 4' JJ > g 0 0.0750.15 0.3 \� u Legend -L carpus Christi Bay [ IPLANNING.CITYLIMITS Corpus Christi Bay El 4. C o e,�o NQS 0 Alb, <`�if� I�rY1l►'nl Title: - Printing Date:10/31/2014 •`:'� ,_1 File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\London_Club_Estates_Lt7_Blkl.mxd `� '--- ...vv..,Prepared By:MSS S / 7 4' Illustrative purposes only. City O l Coordinate System: - - v� Corpus NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP -- Christi ©City of Corpus Christi©Development Services r r r r r r -r _T_ . k� Frmmn: [yO40EL S. �� of Corpus `���� �~ y °. ��—r-- k^".°w= De Special Service,- 2406 ' w�����e,- � 2406 Lwopnd Suite ` Cl - 'opus -''''--' TX 78408 Doct - '~- Doct 9011 404398E3 Pages 6 11/12/2014 2:42PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 Any nrovision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Stat. , nr National Orisin is invalid and unenforceable tinder FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES 1 hereby certify that this instrument was FILED in file number senuence on the date and at the time stomned herein by me, and was duly RECORDED in the Official Public Records of Nueces Cnunty, Texas Diana T. Burreru � c�f' '