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HomeMy WebLinkAboutC2016-107 - 3/3/2016 - NA - .s 2016009'0-28 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, Rick's Homes, LLC. (Owner), whose address is 4833 Saratoga Blvd., PMB 423, Corpus Christi, TX 78413, Charter Bank (Lienholder), whose address is 3701 Saratoga Blvd, Corpus Christi, TX 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 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 Lot 15, Block 1, also commonly known by its street address as 2597 Balchuck Lane, 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. 2016-107 3/03/16 Page 1 of 3 Rick's Homes LLC D 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 running with the land. WITNESS OUR HAND this ' % day of Pr (or,, , 2015. OWNERS: Rick's Homes, LL, . -Ha Zi Mostaghasi, Own STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 1Z--- day of X12$ cmc_Y✓•.{ , 2015, by Hamad Mostaghasi, Owner. f • ;; " ' % JANESSA RENEE SALINAS0,....,„„111411P '= MY COMMISSION EXPIRES O bll ja - ''"' " August 25,2019 AIIIIIIIILIIIIIIP LIEN HOLDER: Charter Bank Raleigh Cos Vice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the ion day of beCLI(YIYU'( , 2015, by Raleigh Cosby, Vice President, Charter Bank. lit/0111mbh- e;a�'"•"�i; JANESSA RENEE SALIN S 'VIVA f***1 MY COMMISSION EXPIRES h _ . -I•ub .c,714 I e of Te s :!';; August 25,2019 Page 2 of 3 • • City of Corpus Christi: ATTEST: By: PE- By: ClitA-Ai- 1 - Rebecca Huerta Daniel McGinn,-I ., Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on this day of \--hr a,'r�4'�J 201, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. MONIQUE TAMEZ LERMA > ` • �A' s Notary Public •'•., P'‘ ` STATE OF TEXASNota Public, State of Texas `°'gTFOF +Py' My Comm. Exp. 01-23-2017 , . G v v v v v vv. 'V STATE OF TEXAS § COUNTY OF NUECES § ` This i strument was acknowledged before me on this day of l a.,'r CL , 201,% City Manager or designee, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. * A. .off ,o�PA MONIQUE TAMEZ LERMA > '� —� • _ I _ •. Notary Public > `‘ STATE OF TEXAS Nota Public, 'tate of exas ':sfgrFOFTEy.?y..' My Comm. Exp. 01-23.2017 > PW-,p- v W v V V V APPROVED AS TO FORM: -Z" ,'day of \,L,[11/1 , 2015. ._ _ tit / #411 Jui►.' Grant Senior Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES LAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCL\ACTIVE\718-LONDON CLUB ESTATES,BLOCK 1,LOT 15(2597 BALCHUCK LN)UULIAN PKT\718-WATER CONTRACT-2597 BALCHUCK LN.DOC Page 3 of 3 71013 • l Corpus Christi ri , 2 \ I (4 in /' ( London Club Estates, IN- _cR.2s� Block 1 , Lot 15 _.....a i • u: ■ ■ =v 1 J -m ; M rAll re M. 101111 � CE — I III 1 CAITLYN III �E Il r---_L.__F-IJ lai FM 43 _ � FM 43 _I ��� 1 - 1rn Ix I I I I N 0 0.125 0.25 0.5 0.75 `,,,,, ANO, Miles Exhibit "A.. '' ;r --IL IFM -11 ., da mIE c(i_�� .. `59,IT0 •li ; Water Contract Location Map Iwm�- Ifi0;11116 SiteiUiIAi l%' City Limits '.I v ICR 2.6 lin Iiii: € • N" i FM43LI Mid cc,_ Date Created:11/20/2015 Lb ML. a : a r Prepared By:Nette J.Magallanez v, N N re i re - — Department of Development Services U U •,,..° U U. U .2--. File:K:IDeve/opmeniSvcsISPEC/AL SERV/CESIPLATSIWater ConiractslLondon Club Es[ateslMaps 1 " CR 22 III - Projected Coordinate System:NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet L. - Projection:Lambert_Conformal_Conic • Chu - ca 5A Lek • a_L O(Lt $--'e_C12Grd L—FX 406 Doc 20 161":'9028 Pages 5 0:i/04/2O16 8:32AP1 Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $31.00 Ans 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 KARA SANDS yr y y. ` ` '�s✓''i�l .- lc. •]ti Y} y }