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HomeMy WebLinkAboutC2018-244 - 2/22/2018 - NA 5 Dc.= 2018011432 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, Mostaghasi Investment Trust (Owner), whose address is 8026 Bar Le Doc, Corpus Christi, Texas, 78414, First Community Bank (Lien Holder) whose addres is 5406 Everhart Road, Corpus Christi, Texas, 78411 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 Village, Block 3, Lot 4, also commonly known by its street address as 1201 Southampton Drive, Corpus Christi, TX 78413 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. 2018-244 2/22/18 LOPMENT DIVISIOM7 WATER CONTRACTS OCLWCTIVEW747 LONDON VILLAGE BLOCK 3 LOT 4(1201 SOUTHHAMPTON)W747 OCL Page 1 of 3 Mostaghasi Investment Trust 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 I L''Vday of ra)N , 2018. ONQ •R: Mostaghasi Investment Trust Hossein ‘'os ;$psi, Trustee STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 0-14 of F 2018, by Hossein Mostaghasi, Trustee � . AL- _ < :os:a ............ YVONNE MUNOZ > , `? '•'' ID# 12465834-3 (•[ C�j )• Notary Public ��vI , •e, STATE OF TEXAS t ? ;\%t'S My Comm. Exp. 08-22-2019 > N' .ry PU lic, Stat'' fxas f v v vv vv -- v •. v v v LIEN HOLDER: First Community Bank "epee Carter, Executive Vice President, Loan Officer STATE OF TEXAS § COUNTY OF NUECES § it-L/ This instrument was acknowledged before me on this the( day of blVACIAA1 2018, by e e: _.A- ive Vice President, Loan Officer, First Community Bank. •••••••, ;i;"••• SANDRA A SOLIZ 4 tee,41.'- 6v• Notary PUb C : STATE OF TEXAS '► _ , J J ` �q........t/�":'' My Comm Exp. 09-13.2019 ,FDF . - - - _ _ - Notary Public, State of Texas ' K:'.DEVELOPAIENTSVCSISPECIAL SERVICEST IWD DEVELOPMENT DIVISIOM7 WATER CONTRACTS OCLWCTIVETA747 LONDON VILLAGE BLOCK 3 LOT 4(1201 SOUTNNAMPTONAA747 OCL WATER CONTRACT.DOC Page 2 of 3 City of Corpus Christi: ATTEST: By: — & (A12447, By: Re �:.J��%Cfi ecca Huerta William'JGreen, P.E. City Secretary Interim Director Development Services Department STATE OF TEXAS § COUNTY OF NUECES § /� This instrument was acknowledged before me on this v2' day of A_Ah L4. , 2018, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas ho,'--rule mur*ilzaj,cgrgQrAtig,n on behalf of said corporation. c r�;rP� �; MONIQUE TAMEZ LERMA y_ ° ID# 1146231-1 C ' ` = Notary Public p 1jrO� My ComATEExp. 01-2OF 3 2021 > No ary Pu Ic, State of Texas • O-se-Ne- STATE STATE OF TEXAS § COUNTY OF NUECES § �� This instrument was acknowledged before me on this day of - - , 2018, by William J. Green, Interim Director, Development Services Department, of the C. • Corpus Christi, a Texas home-rule municipal corporation, on behalf o said corporal /. s .. �...... .. � .. .. " .. .. , / < �Y;:"N. MONIQUE TAMEZ LERMA �_°*-4\N' I D# 1146231-1 < `• `* Notary Publicy 0 < k..!•;\........61./ STATE OF TEXAS Nota Public, tate of Texas < °•.'� My Comm. Exp. 01-23-2021 > ivwvv�Iv "Ne v vv APPROVED AS TO FORM: ti day of F-e 6 2018. vow( isiez Buck Brice Assistant City Attorney for the City Attorney K:IDEVELOPMENTSVCSISPECIAL SERVICESWlD DEVELOPMENT DIVISIONI7 WATER CONTRACTS OCLVACTIVE1A747 LONDON VILLAGE BLOCK 3 LOT 4(1201 SOUTHHAMPTON)AT47 OCL WATER CONTRACT.DOC A-1141 Page 3 of 3 If V / ZuM /10 i ___. FM 43 r II II il z a -- III 1 [111 HYDE:PARK Q IN SOUTHAMPTON . --7- ( I f _ I 1 London Village o Block 3, Lot 4 l--, ) c 0 0.05 0.1 0.2 0.3 � � `,.w ,� N Miles ..A" I e ' Exhibiti- „, xa I V Corpus Christi Water Contract Location Map ISI -� �� /111111/MIAamCity Limits ��'- ' FY I7'� �a � Subject Pro ert am u Fr t1 1 1111111011li re iIIill CR Pa u Date Created:1/10/2018 - r, Prepared By:JeremyM n.—PF - '- .211 — Department of Development Services — i' Projected Coordinate System:NAD_1983_StatePlaneTexas_South_F1PS_4205_Feet Projection:Lambert_Conlor nalConlc File:K:1DevelopmenlSvcsISHAREDIGIS ProjectslCases12018 Water ContraclstLondon VlllagelBiock 3,Lot 4tLondonVlllageBlk3Lt4_OCLWC.mxd Ail L1 ? ✓ From:J.Saleh (361)826-3568 City of Corpus Chrsiti Development Services/Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408 Dor' 20180 1 1_432 ' Pages 5 IIS/15/2018 3:tom Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $77.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES 1 hereby certify that this instrument was FILED in fi).e 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 `} k;;1/4 , -I -1..r''--its-- ._,)y'x!ti{?4.