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HomeMy WebLinkAboutC2016-526 - 10/14/2016 - NA '1011604'�_ _r 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, a Texas Limited Liability Company (Owner), whose address is 4833 Saratoga Blvd. PMB #423, Corpus Christi, TX 78414, First State Bank of Odem (Lien Holder), whose address is 201 Main Street, Odem, TX 78370, 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: The Promenade Lot 46, Block 1, also commonly known by its street address as 2017 Magnolia Falls 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 Section 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. 2016-526 10/14/16 Page 1 of 3 Rick's Homes 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 Li day ofl , 2016. OWNER: Rick's Homes, a Te - Limited Liability Company d Mostaghasi, Member STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 71 day of, ,�ry�a.>,`-- 2016, by Hamad Mostaghasi, Member of Rick's Homes, a Texas Limited e ability Company. ,,.,a,AY YVONNE MUNOZ > .. 4 '•''5 ' ID# 12465834-3 `�ij•° Notary Public _1 :EI ' • l ��_ s•.. •5: STATE OF TEXASF0410, ' " E '''.1., `�' My Comm. Exp. 08-22-2019 > Nota F�' • •, State of Texas Ovwv-Nrvv div v v ♦ LIEN HOLDER: First State Bank of Odem d 5 -2 91 iz:',4 Charles R. Miller, Jr., Presiden STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 17—day of , 2016, by Charles R. Miller, Jr., President, First State Bank of Odem. (I‘ U 1rR`'N., CATHERINE PETRIE LUNAP-r-tLA---- (4,4. / IR NOTARY PUBLIC N \ g STATE OF TEXAS NotaryPublic, State of Texas of My Comm.Expires 10/18/2019 K.\DEVELOPMENTSVCS\SPECIAL SERVICESUAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCLWCTIVE\755-THE PROMENADE,BLOCK 1,LOT 46(2017 MAGNOLIA FALLS DR)\OCL WATER CONTRACT-2017 MAGNOLIA FALLS DR.DOC Page 2 of 3 755-g' City of Corpus Christi: ATTEST: ,(7.)0 j /,' ReLex". ( (ctcrivA.YBy: Rebecca Huerta Daniel McGinn, Interim Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § , f This instrument was acknowledged before me on this ITday of O 2016, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. IF ,'!: .PU<;"-: MONIQUE TAMEZ LERMA ' , a�� Notary Public ► I STATE OF TEXAS ► No a Public, S I�te of Texas "4TeotPy My Comm. Exp. 01-23-2017 • vv"NI v'NI-NI NI v STATE OF TEv XAS v v § COUNTY OF NUECES § 11) / f(� �]_, This instrument was acknowledged before me on this ,'-day of i0( 2016, by Daniel McGinn, Interim Director of Development Services, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporatio . 9.v/r),_ __( .:____ -A---0,--4.----0----A---A,..6...6.6... I A r PPY" MONIQUE TAMEZ LERMA ► �`� € 17 "` Notary Public ► Notary Public, .tate of Texas '.. ;' STATE OF TEXAS ► I `.%!. •F +Py'' My Comm. Exp, 01-23-2017 APPROVED AS TO FORM: 7 day of (-' , 2016. 4-4/1.s.; aci:(4 Jeff—Cr—ant. 1 'ick 6%;c t 'Sevier Assistant City Attorney for the City Attorney K\DEVELOPMENTSVCS\SPECIAL SERVICES\LAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCLV\CTIVE\755-THE PROMENADE,BLOCK 1,LOT 46(2017 MAGNOLIA FALLS DR)\OCL WATER CONTRACT-2017 MAGNOLIA FALLS DR.DOC Page 3 of 3 155 –9 1 I The Promenade Block 1 , Lot 46 .ll" ilia - ihr low .._____ _ • co , . 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I ♦ r ir b Ill r Ca • Dm -, . ..„ FM2444 1 a M et Ce ce U , 0 0 0.035 0.07 0A4 0.21 °'��, N Miles Exhibit "A" 1 HYDE PARK L�EV ' t __ _—� X00 frgr4 ZP Q Tcy �'� f i 9QT 1 CR 22' trp,, r �/N yoRkT„ Water Contract Location Map ii �+{ WN y it BUoglszAtR1E4444 ii in, CR 20A Site 0,0 W 24 R RUN :Y� I <;-'r � qx a c� O '- V City Limits <1--BARNARD _.... cc " FM 2444 �� <400 il' z q i O Op ti O U di CR 18 v •••••••/ Date Created:6/27/2016 J _ _ - Prepared By:(vette J.Magallanez Department of Development Services Projected Coordinate System:NAD 1983_StatePlane_Texas_South_FIPS_4205_Feet Projection:Lambert_ W_ConformalConic File:K:IDevelopmentSvcsISHAREDIGIS ProjectslCases12016 Water ContractslThe PromenadelBlock 1 Lot 461ThePromenadeBlk1Lt46_OCLC.mxd 155- 1d • Docg 2016045740 Poses 5 10/31/2016 9:56AMl Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $•31.00 Any provision herein which restricts the Sale? Rental or use of the described REAL PROPERTY because of Races Color, Relikion, 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 certify that this instrument was FILED in file number sequence on the date and at the timestamped herein by meg and was duly RECORDED in the Official Public Records of hbueces County? Texas KARA SANDS From:J.Saleh(361)826-3568 City of Corpus Chrsiti Development Services/Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408