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HomeMy WebLinkAboutC2018-115 - 2/16/2018 - NA L?o._� 20180007740 STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § Whereas, contracts for water service outside the city limits which include a new water connection must receive approval by the city council before the contract for such service can become effective pursuant to Corpus Christi Code 55-113; and Whereas, the city manager or designated representative is authorized to execute water service contracts meeting all of the requirements contained in Chapter 55, Article VIII of the Corpus Christi Code when no additional service connection is involved or the contract is for temporary water service for a period of not more than one (1) year or for consumption of less than ten-acre feet of water during the entire contract term . THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Dorsal Development, LLC. (Owner), whose address is P.O. Box 8155, Corpus Christi, TX 78468, First Community Bank (Lienholder) whose address is 416 N. Water St., Corpus Christi, TX 78410, 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: Kensington Gardens Block 1, Lot 4, also commonly known by its street address as 2449 Shaftsbury 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. 2018-115 2/16/18 Dorsal Development LLC INDEXED 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. 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 Cil day of C A/ A g`/_, 2018. OWNER: DORSAL DEVELOPMENT, LLC i \-. - Ata O. Azali, Manager A vilt CORTNEY BENAVIDES STATE OF TEXAS Notary ID # 130877318 § * I My Commission Expires § s,�, October 27, 2020 SIF 01 tt COUNTY OF NUECES § This instrument was acknowledged before me on this the day of jU( , 2018, by Ata O. Azali, Manager of Dorsal Development, LLC 0 / At Notary Public, State if : as LIEN HOLDER: FIRST COMMUNITY BANK 914 i / Nick Black, Pr- sent STATE OF TEXAS § § COUNTY OF NUECES § This instrument was a knnrQw�ledged before me on this the I H+h day of Jan(ital. , 2018, by Nick Black, P�r�s"ient, First Community Bank. U 6,,,,,ir , 4„, YB<;; JANET MARIE SAENZ /f / I= ' `'" Notary Public �.;�..Jor t N ry Public, State of Texas `. ;)' STATE OF TEXAS 4'‘.• ;i•,•• ;'," MyComm. Exp. 02-11-2019 ' A 73 1 City of Corpus Christi: ATTEST: BY• � By: !✓P >�ILV1�/V W.� // . +e• Rebecca Huerta William Green P.E., Interim Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § I This instrument was acknowledged before me on this I day of / .CALLA 2018, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas hop-rule municipal corporation, on behalf of said corporation. " A.., 4, < ,t YPu•• % MONIQUE TAMEZ LERMA > �n I `�r° �° ID# 1146231-1 '• ` ,• Notary Public frINo a Publi State of Texas ?�\ / STATE OF TEXAS < `•'aOR '' My Comm. Exp. 01-23-2021 v v v v v v v v v v v STATE OF TEXAS § COUNTY OF NUECES § � r This instrument was acknowledged before me on this lD day of AA 2018, by William J. Green P.E., Interim Director of Development Services, of the City of C;;/pus Christi, a Texas home-rule municipal corporation, on behalf of sai. corporation. < "ON MONIOD#ETAM?31LER A wNotary Public Notary Pu ic, State of Texas , N STATE OF TEXAS < My Comm. Exp. 01-23-2021 Pv vvvv. APPROVED AS TO FORM: 1 C day of , 2018. Buck Brice Assistant City Attorney for the City Attorney I`}73° of :14. / / • FM43 1 r I/ ./ � Kensington Gardens, I Block 1 , Lot 4 ` o m M CO CO I- U- -. / le• NORTHHAMPTON DR - ____ 0 0.025 0.05 0.1 0.15 1Miles Exhibit "A" ��° � �` Water Contract Location Map R 26 ' I S I v 2 _ , Corpus Christi ��� Subject Property W Q s` III_.� 0 C-.j --_- �`� City Limits J t• F -a FM a3 15: I Site &` cc NDate Created:12/21/2017 c c CR 22 'ae _ --- Prepared By:Joanna Scott o p � Department of Development Services �_ Flie:K:\DevelopmentSvcs1SHAREDGIS ProjectslCases12017 Water Contracts) - - -;--CR 20A Kensington Gardens Subdlvlslon1Block 1,Lot 4 '-� Projected Coordinate System:NAD_1983 StatePlane_Texas South F/PS 4205 Feet Pro/ectlon:LamDert_Conformal_Conlc 4? 4 � . / From:1.Saleh (361)826-3568 City of Corpus Chrsiti Development Services/Special Services 2406 leopard,Suite 100 Corpus Christi,TX 78408 Doc. 20181=1117740 r Pages 5 02/20/2018 3:36P1 Official Records of NUEC:ES COUNTY KARA SANDS COUNTY CLERK Fees $27.00 Any provision herein which restricts the Saler Rental or use of the described REAL PROPERTY because of Racer Color: Religion: Sex: Handicap: Familial Status: or National Origin is invalid and unenforceable under FEDERAL LAW: 3/12/89. STATE OF TEXAS COUNTY OF NUEC:ES 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