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HomeMy WebLinkAboutC2015-194 - 5/9/2015 - NA • D ._ 2014019082 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, Albert Gamez and Alyssa Gamez, ("Owners"), whose address is 5750 Curtis Clark Drive, Apartment #437, Corpus Christi, Texas 78412, American Bank, N.A., ("Lien Holder"), whose address is P. O. Box 6469, Corpus Christi, Texas 78466-6469 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 respectiveiy 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 8, Lot 10, also commonly known by its street address as 2672 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 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 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. 2015-194 5/09/15 Page 1 of 3 Albert Gamez and Alyssa INDEXED 5 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 runningJwith the land. WITNESS OUR HAND this .`7day of fr2/ , 2014. Owners: / S By: Z/..ZtAle- i 1 `.• Albert Gamez A ly.s- - ez STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on this the day of n 2014, by Albert Gamez and Alyssa Gomez. .651°;:70-, BAMBI CUNNINGHAM =•: Notary Public,State of Texas My Cyir/-'/ommission Expires ��, '••.;;off;;; November 07, 2014 / e 2 . 'Notary Public, State of Texas Lien Holder: By: -� Jim ett, Commercial Loan Officer er an Bank, N.A. STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on this the day of de7 2014, by Jim Pickett, Commercial Loan Officer, American Bank, N.A. F;7,, BAMBI CUNNINGHAM 7&17/1 Not2ry?ublic, State of Texas ;� ; My commission Expires Notary Public, State of Texas '�;°;;a.°. NOVomber 07, 2014 Page 2 of 3 Lir City of Corpus Christi: ATTEST: By: __ ito[ By: ebecca Huerta Wes Pierso 16 City Secretary Assistant Cit ,anager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this I day of , 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texa ome-rule municipal corporation, on behalf of said corporation. < ,,'SP•A P "''. MONIQUE TAMEZ LERMA > '‘S?L{IgjhL"—H 'lc��, Notary Public > iiiiL � —/ )P i , s.\-$,:i• `T' P� ;P1 STATE OF TEXAS > Nota r ublic, S -te of Texas0 '•••;Tq,FFo +: My Comm. Exp. 01-23-2017 , �i v v v v v v v v v v v • STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this Sday of i4(1(.4 , err 2014, by Wes Pierson, Assistant City Manager, of the City of Corpus Christi a *exas home-rule municipal corporation, on behalf of said corporation. rywi.., KRISTY LICK Notary Public . A I 'A A ii/A_ / ©r.� I STATE OF TEXAS N. a PAte ub ic, of Texas .A,..,:4... .1 2016 ' APPROVED AS TO `,P RM: day ofV q 1 , 2014. L if Julia rant Seni.t Assistant City Attorney for the City Attorney L K:\DEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\WATER CONTRACT\LONDON CLUB ESTATES\WATER SERVICE CONTRACT.BLOCK 8,LOT 102672 DIGGER LN.DOC Page 3 of 3 y o / 44,44 0 441111. , . . . -1..... 44„., ,,,b4 ,„ . ___,, ,, ,) , . liilllll- / _„ --4, ___r___ . . - — LOT 10, BLOCK 1ri „___-4_,-T- ZAT LONDON CLUB ESTATES : c'; CITY LIMIT LINE LANE .J - _� ...mW —t` LANE .—, ^ _1.,___ — L Li - 9 EXHIBI A o Miles _ - o 0075015 03 ,., \ m Legend . Carpus Christi Bay rPLANNING Corpus.CITYLIMITS Ni .,,,,,„ 4,..„ c:,.., _ r Title: q,lib,,.g Printing Date:03/31/2014 . File.K\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\London_Club_Estates_Lt10_BIk8.mxd ( 7 _................ __ Prepared By:MSS S Illustrative purposes only. � IlV tib Coordinate System. CC:(ll j')tl, NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP C'h pu i C City of Corpus Christi©Development Services ra t t i 1 -i From: MIouEL S. SAe.DA„w C`r of Corpus Cnristi De xiC►pment Services/ Special Services 2406 Leopard, Suite -:CJ Gnus Christi, TX 78408 Lloct 20_0140_01 7082 i Pages 5 05/22/2014 3:38PN Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $31.00 ring provision herein which restricts the Saler 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 certifg 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 Counts, Texas Diana T. Barrera. 41, ' a++r +{fir