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HomeMy WebLinkAboutC2016-149 - 4/8/2016 - NA [ c) t 2016017681 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, K & M Luxury Homes, Inc., (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 2, Lot 2, also commonly known by its street address as 2486 Loxley, 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. 2016-149 04/08/16 Page 1of3 INDEXED K & M Luxury Homes, Inc. 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 3C_) day of & y A. , 2016. OWNER: K & M Luxury H• es, Inc. E ' are►•oni P esi.- STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on thi- , ea)d. tt. kr-CA, 2016, by Eric Zarghooni, President, K & M Luxury o es, In. < CATHERINE PHILBRICK / ID #216971.7 < r. Notary 971-c .11117 < ...I,/ STATE OF TEXAS > Notary Public, State of Texas � My Comm. Exp. 01-02-2017 > • v v v v v-7 ..0"1/40- LIEN /•'iLIEN HOLDER: First Community Bank il- Graham Vice-President STATE OF TEXAS § COUNTY OF NUECES • § This instrument was acknowledged before me on this thee`day of / 2016, by Miles Graham, Vice-President, First Community Bank MA RIE M.ROBINSON _ ' • �; v V Notary Public,Stale of Texas ota Public, State of Texas My Commission Expires - 03/25/2017 Page 2 of 3 �33�� City of Corpus Christi: ATTEST: By: 72By: (S Alr( Rebecca Huerta Daniel McGinn, Interim Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § 1,( • This instrument was acknowledged before me on this day of (.1 , 2016, by Rebecca Huerta, City Secretary, of the City of Corpus Christ, a Texas home-rule �. nic� al c:p:r_ti: :t,._:•• .1f of said corporation. • o�:';'''' MONIQUE TAMEZ LERMA ► _ °' Notary Public ► (Jr i pkx ' STATE OF TEXAS ► I ,....L_,fr. St46. v;... c'�.=' .......- My Comm. Exp. 01-23-2017 , EOTE,• ► Not ry Publ State of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on thisQday of Q , 2016, by Daniel McGinn, Interim Director of Development Services, of the Ci of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporatio . F;: MONIQUE TAMEZ LERMA ' gt.iry4___ of Texas sa • STATE OF TEXAS r........" , My Comm. Exp. 01-23-2017 • ij ii-.-V V V V V V V\I—Ne" APPROVED AS TO FORM: f4day of , , 2016. J la Grant Senior Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\LAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCL\ACTIVE\733-NOTTINGHAM ACRES,BLOCK 2,LOT 2(2486 LOXLEY DR)\733 WATER CONTRACT.DOC Page 3 of 3 133'3 /liell /V FM-43-- i I •,' Nottingham Acres, Unit 1 , `-�KIRKLEES, Block 2, Lot 2 W J d 0 ' V PRINCE JOHN / \ I 0 0.03750.075 0.15 0.225 `V Miles Exhibit "A' 0„4.,::,,. li ■E .. 111 Able oS' s Christi r :, _ CR 26 LL t - , - Water Contract Location Map FM a J HYDE PARK' m44 .0 i" M. 11 . City Limits I. ` „ • CR 22!II r114 u Iill— = 7 Date Created:212312016 Y re SOUTH PRAIRIE ill CR 20A' Prepared By:Nette J.Magalianez o RA8BjT RUN Department of Development Services —1, I Projected Coordinate System:NAD_1983_StatePlane Texas_South_FIPS_4205_Feet Projection:Lambert_Conformal_Conic File:K:IDevelopmentSvcsiSHA REDIGIS ProjectslCases12016 Water ContractslNottingham AcreslUnit 11Block 2 Lot 21NottinghamAcresUnitlBlk2Lt2,_OCLWC.mxd 1 33-1-\ Dad 21:1161:117681 i Pages 5 05/02/2016 E2/2016 9:O4AtI Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees X31.O'i Any provision herein which restricts the Sale? Rental or use of the described REAL PROPERTY because of Racer Color, Religion, Sex, Handicap, Familial Status, or National Oris in 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 CJ� J.Saleh (361)826 3568 City of Corpus Christi Development Services/Special Services 2406 Leopard Suite 100 Corpus Christi, TX 78408