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HomeMy WebLinkAboutC2016-065 - 1/5/2016 - 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, B & A Terra Firma LLC (Owner), whose address is 46 West Bar Le Doc, Corpus Christi, TX 78414, First Community Bank (Lien Holder), whose address is 14254 South Padre Island Drive, Corpus Christi, TX, 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: Nottingham Acres Unit 1, Block 4, Lot 1, also commonly known by its street address as 2438 Loxley Drive, Corpus Christi, TX 78415 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. 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. 2016-065 1/05/16 B & A Terra Firma LLC Page 1 of 3 INDEXED V. 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 runniingU with the land. (, WITNESS OUR HAND this it`day_` of D ceivt, �•r , 2015. OWNER: B &A Terra Firma LLC ,c z. • o.'i, Pre: STATE OF EXAS § COUNTY OF NUECES § 41 -- This instrument was acknowledged before me on this the ' day of DeCeitvve..r. 2015, by Eric Zarghooni, President, B &A T-rra Firma LLC SANDRA A BOER ' /.* .�L #.1// !►__ `�FY. B`c Public ► Notary Public, State of Te :s Notary i STATE OF TEXAS ► ••••'• =' My Comm. Exp. 09-13-2019 ► 4 l9TenF„'°' _ LIEN HOLDER: First Corn unity Bank Vice-President - / STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the I d y of e_C- ' er— , 2015 by byMileeV-erratram, Vice-President, First Community Bank tfrc1-5> 3°e VNOVL • / / `T'p4.... ,�” SANDRA A SOLIZ > Notary Public, S ate of Te as • Notary Public PA Si STATE OF TEXAS 're�FsP: My Comm. Exp• 09-13-2019 Pv." Page 2 of 3 City of Corpus Christi: ATTEST: (/ By: 1-241:4By: = _ li _. Rebecca Huerta Daniel M. Grim-•.o, P. , Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § t This i trument was acknowledged before me on this day of 141-k.avu 201.8; y Rebecca Huerta, City Secretary, of the City of Corpus Asti, a Te..s 'ome-rule municipal corporation, on behalf of said corporation. / 0 ,. ;...,,, "p eg,. MONIQUE TAMEZ LERMA , ` _ / a '.:s�A. Notary Public ..sligatAi` a `A ,'7 STATE OF TEXAS I ot.;ry Publ.' , State of Texas ' •:''qT F '}Py`' My Comm. Exp. 01-23-2017 s v v Nr v — v - v v v v v• STATE OF TEXAS § COUNTY OF NUECES § ' This instrument was acknowledged before me on this •day of .L:L__� Ili. /am, , 2011,4by City Manager or designee, of the City of Corpus Christi, a Te -home-rule muni al cor oration, on behalf of said corporation. , . 2e_Ap-v-k2z--__1_ 1 :•<'•:'Pu MONIQUE TAMEZ LERMA I . 0 0 4 •. ; a s'�A - 'n. Notary Public D Nota Public,' tate of Texas ' * .•, PA ° STATE OF TEXAS a .. ?.,FO•'.P,` My Comm. Exp, 01-23-2017 A. avv- - - v N, vvN APPROVED AS TO FORM: /`f", ray of e.f/,,,`c0 /. X2015. qs<,4,0/1-(V - Ju ian Grant ��� Senior Assistant City Attorney for the City Attorney K\DEVELOPMENTSVCS\SPECIAL SERVICES\WILLIE MEDINA\7 WATER CONTRACTS OCL\ACTIVE 2015\711-2438 LOXLEY DR\711-WATER CONTRACT DRAFT.DOC Page 3 of 3 ' ",..,,, '''',..,,,,,,.„ - / . . Nottingham Acres /7/ r� Corpus Christi _ ` Unit 1, Lot 1 Block 4 , I ft ______ .4u, V� I / t Q I-4-1 . r MINJ li i--- IC. ., L L__I -1 AI. 111 _MM.IIIIIIII in----' �_ _ ox � -- O 1 int 6 r d i ■ ❑ . , -, +--C L I J CR22 —_ ( i] U _ IISOUTRpRA1R1E� J L____I ®11111 H RABBIT RUN IIIIlr . . I � � l L n\\>.,/ 0 U I I I I I I III c . • 0 0.2 0.4 0.8 1.2 "A" o`°'pus c.,,* NN Miles Exhibit1.2 . ., .,, .. , , .. . . ,,,„,..... ________ _.,- _ ______--0 I- .31,--kw _______,z , 4,-...,4;„:4 „,,-,,,,.;,,,,, „ems .:, , . At YO�kT !kip CR 22 • Water Contract Location Map Site ok, N 11 CR 2OA I 11 �' QQ., Y 1--i T.4,- City Limits z ,4I Q' VtO < -----QLBARNARD r f "FM 2444 e-1 I I O V rl 0 ty� ' ' Date Created:10/12/2015 ( I Prepared By:!vette J.Magallanez U Department of Development Services CR�18 File:K:IDevelopmentSvcsISPECIAL SERVICESIPLATSIWaterContractslLondon Club EstateslMaps —. Projected Coordinate System:NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet _I 1 Projection:Lambert Conformal_Conlc . .-1\\---L\ �� —>ct 6,000 7 48 Pages 5 01/08/2016 8:53AM Off iciul Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $31.00 From:1Sa/eh(36l)8Z6'3S68 City Any nrovision herein which restricts the Sale, Rental or use of the described Deve/«pment3erv/ce$ Services �pec�a/ REAL PROPERTY because of Race, Color, RPI iyion, O « S� ,»Handicon �FumiliuleStot«s'bo' Z4OOLeopa/d'3uite1OO Corpus Christi, TX78408 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 stumped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS /' . . ^