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HomeMy WebLinkAboutC2016-649 - 12/28/2016 - NA Dol 2017000087 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., OMB #423, Corpus Christi, TX 78413, Charter Bank (Lienholder) whose address is 3701 Saratoga, Corpus Christi, Texas, 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 2, Block 1, also commonly known by its street address as 2497 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. 2016-649 12/28/16 Page 1 of 3 Rick's Homes LLC 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 , 2016. OWNER: Rick's Homes, a Tex.s-I ' ited Liability Company Ha ' =• Mostaghasi, Member STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the aZ day of J.2 iin kt,-- , 2016, by Hamad Mostaghasi, Member of Rick's Homes, a Texas Limited Liability Company. _,,,,00/1/111 rati' &F•, MARCI ANNA MARTINEZ JIG My Notary ID#130812003 '11- os,V Expires September 7,2020 Notary Pu• i. State of Texas LIEN HOLDER: Charter Bank Raleigh osby STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of he _intefr- 024/l' 2016, by Raleigh Cosby, Sr. Vice -President Charter Bank I 411,010111111 ..p MARCI AN NA MARTINEZ I��■>r My Notary ID It 130812003 • Notary Publ. . :tate of Texas Expires September 7,2020 K:\DEVELOPMENTSVCS\SPECIAL SERVICES\LAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCLWCTIVE\772-LONDON CLUB ESTATES,BLOCK 1,LOT 2(2497 BALCHUCK LN)\772-WATER CONTRACT.DOC Page 2 of 3 � � a-a City of Corpus Christi: ATTEST: , By: lel6treZe..eC f1L,(Q412!. By: KIIIl2- Rebecca Huerta J to Dimas, Interim Director City Secretary evelopment Services Department STATE OF TEXAS § COUNTY OF NUECES § + i _ ) � ' This instrument was acknowledged before me on this r` " day of 2016, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a T- :s home-rule municipal corporation, on behalf of said corporation. ' < / ;;•tP\a-.... MONIQUE TAMEZ LERMA ► , � 4 '•a• C4' . 1 - Notary Public ► • '• fr‘ :` i STATE OF TEXAS Not.ry Publi, , State of Texas 4 '..-.eoFI*- My Comm. Exp. 01-23-2017 STATE OF TEXAS § COUNTY OF NUECES § -� This instrument was ac n wl d ed be ore me on this !/ U day of �NJIr-�'tv, 2016, by •tW fe Wri or, Development Services Department, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf o ‘-.id corporatio 11 1 7;:Pa"p e;''',.; MONIQUE TAMEZ LERMA 1 ' _ ..A2 1. Notary Public 1 Nota 'ublic, *tate of Texas 4 _` `' i i STATE OF TEXAS 1 \•srF''•••••••'+P9=` My Comm Exp. 01 -23-2017 '•.TEOFT�,••, V V V V V V V V V V V APPROVED AS TO FORM: 20 day of /9 e(e r''\ Itc". , 2016. -i 1V .92't/CeLt Buck Brice Assistant City Attorney for the City Attorney K\DEVELOPMENTSVCS\SPECIAL SERVICES\LAND DEVELOPMENT DIVISION\7 WATER CONTRACTS OCLWCTIVE\778-LONDON CLUB ESTATES,BLOCK 8,LOT 14(2704 DIGGER LN)\WATER CONTRACT.DOC Page 3 of 3 77a-3 I I— I I SEBASTIO.N_ NATASHIA— Y London Club Estates, (71 Block 1, Lot 2 FM 43 V KIRKLEES I Il >-- X X O J — PRIN CI JI ` HN 0 0.075 0.15 0.3 0.45 Miles Exhibit "A" Water Contract Location Map N ii Subject City Limits Date Created: W/19/2016 Prepared By: 'vette J. Magallanez Department of Development Services File: K:IDevelopmentSvcsISPECIAL SERVICESIPLATSIWater Contracts\London Club EstateslMaps Projected Coordinate System: NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet Projection: Lambert_Conformal_Conic Y 1 , ' Doc 2017000037 Pages 5 01/03/2017 1:06PM 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 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 met and was duly RECORDED in the Official Public Records of Nueces Counts/ Texas KARA SANDS 41,7,,AELAY4,-) 19 J1"1 From:J.Saleh (361)826-3568 City of Corpus Chrsiti Development Services/Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408