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Home My WebLink AboutC2018-302 - 5/15/2018 - Approved Dc.=� 201LO2 66 CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS FOR STRICTLY AGRICULTURAL USE 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; Whereas, pursuant to Corpus Christi Code 55-112, a covenant running with the land is required to receive water service outside the city limits when land is used only for agricultural use; 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, Sancha Properties, LLC (Owner), whose address is 4833 Saratoga Blvd., Box 501, Corpus Christi, Texas, 78413, Prosperity Bank (Lienholder) whose address is 500 Water Street Suite 100, Corpus Christi, Texas 78401 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: 72.76 Acres out of Bishop and Blocker Lots 15 & 16 and 1.26 Acres WM Robertson Farm Tracts Lot 1-a Tr 20, also commonly known by its street address as 7085 Jurica (County Road 37), Corpus Christi, TX 78417. • 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. Except for structures which are solely agricultural in nature, 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 2018-302 5/15/18 1 Res. 031428 Sancha Properties LLC INDEXED 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. V. Owner agrees to use said property receiving City water only for agricultural uses hereby defined as meaning cultivating the soil, harvesting crops, raising livestock, or pasture grazing. VI. Owner agrees that such water service shall be terminated and the use of city water on such property shall be discontinued in the event such agricultural use is substantially discontinued for nine (9) months, less the time such property is subjected to a natural disaster, VII. The City will allow a tap at the end of the 12" grid main. However, as development and infrastructure expansion occurs, the City reserves the right to move this tap to a more appropriate location. VIII. The meter will be placed at or near the end of the 12" grid main and the City will not be responsible for any repairs or maintenance on the service line from this point to property. IX. Owner agrees to install and maintain a proper backflow device, as determined by the City. --- X. ITISAGREED 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. XI. This Agreement does not become effective until such agreement with covenants has been recorded in the real property records of Nueces County. WITNESS OUR HAND this \0\ day of 4, ec\\ , 2018. OWNER: Sancha Properties Michael L Hurst, .. .ger 2 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the \R day of P P`x 2018, by Michael L. Hurst, Manager, Sancha Properties, LLC. 02 4> LINDA A MAREK O C>` vncxARK _� .(•, Notary Public,State of Texas Notary Public, State of Texas l*„ :yF Comm.Expires 10-21-2020 "11,0, Notary ID 6595231 LIEN HOLDER: Prosperity Bank i. . 6)i .A K:thy 'ra/Vice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the \q day of K1 pc�\ 2018, by Kathy Pratt, Vice President, Prosperity Bank. 'e,vx\p.a CL fl\cvf Notary Public, State of Texas LIEN HOLDER: Harry S. Brewer C LINDA A MAREK itt, Notary Public,Stale of Texas }moi :r Comm.Ex ',as 10-21-2020 Harry S. Brewer ',,!;piCx Nofary ID 659523-1 3 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the \Q day of Aec 2018, by Harry S. Brewer V ,^1µj ?:39` LINDA A MAREb. clW�d�+ Q \�X N_ Notary Peblic,5tale of Texas Notary Public, State of Texas Nei Comm.Expires 10-21-2020 ritI m` Notary ID 659523-1 4 City of Corpus Christi: ATTEST: By: . ' 2 1 By: .7 .*- ni-k becca Huerta Nina Nixon-Mendez, FAICP City Secretary Director, Development Services Department STATE OF TEXAS § COUNTY OF NUECES § !J ti�c4 This instrument was acknowledged before me on this ` day of t y ( (Lt 2018, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Tex ome-rule municipal corporation, on behalf of said corporation. ^ ". .. .. ';;YPi'ti �r.�,� �,•• MONIQUE TAMEZ LERMA . ?o o ID# 1146231-1 ]^� ( � , Notary Public l.' i_OLtereb My Comm. Exp. 0OF 123 2021 Not:ry Pu• ic, State of Texas v v-Ne"-S."-s."--S, v �, PY'P�•.. ULTRA V PENA L4 . ir'_o.-':� NOTARY PUBLIC ` ' `:` State of Texas STATE OF TEXAS § �%,..•.::}�: COUNTY OF NUECES § SOF ' Comm.Exp.12-02-201 This instrument was acknowledged before me on this(1 day of A)( (6 , 2018, by Nina Nixon-Mendez, FAICP, Director, Development Services Dep ment, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: 7 day of iT r ✓/ 1 , 2018. l 'i/LX.A 67.,(Y.:_e Buck Brice 01 • Assistant City Attorney V"-- C • 3 , for the City Attorney �A HUKI v 4Y COUNCIL 5 8 ,r-- After Recording Return to: SECRETA• City of Corpus Christi Attn: City Secretary P.O. Box 9277 Corpus Christi, Texas 78469-9277 5 s;(4 q Sancha Properties LLC ' 7085 Jurica Rd BISHOP AND BLOCKER 72.76 ACS OUT OF LTS 15 & 16 & 1.26 ACS LT-17A-TR 20 WM J ROBERTSON FARM TRS or S v ce i‘1 / et- V CR?. 6,9 ' / • Di D cR?s i1 0 0.05 0.1 0.2 0.3 N Miles 1 «r,_ x 1. o CNAN RF= Exhibit A'V .', ° fn..-- ,I,aC AjM1E6 rR.. .0 .. r.x -� > .- > uaRv�V.f RC 1 9 MALI.:/ c 8 y z � t`C r 5f0uC,:.•. FRv r Y i y8A•CS a 'i Water Contract Location Map y BEAR : e,��` CK'6 cH E.r ..w�_ :00;1 y� s 1Hf< ,� 4 3^ « z. f C J '''.4, CH;_ O 1. CR 10 Y ~ �_ Pq4 hr I..r y�4 y�c Y , s ,o o-"' 2 CR 26 CR 26A p, ,,,,e,,,,:,M1rf v W A 4,C v 4 ~ ),„1,4,,,,,, � ti a t r Fcq-Us ^W5 d Date Created.1/30,2018 �i..wi c cAu y'<A< Prepared By.JeremyM .. .. CR2OA-. i City of _ g az ? Department o/Development Services [c " : u o o File:KaDevelopmentSvcs'SHAREDIGIS ProjectslCases1 Corpus ae e 3e,o 2018 Water Contracts17085 Jurica Rd Christi `v"" !LOCATION MAP! Protected Coordinate System:NAD_1983_StatePlaneTexas_South_FIPS_4205_Feet Projection Lamberr_Conlormal_Conle City of Corpus Christi Development Services 2406 Leopard Street,Suite 100 J Corpus Christi, TX 78408 Doc 21)18023666 Poses 7 05/31/2018 4:04PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $35.00 An 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 I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein bs met and was duly RECORDED in the Official Public Records of Nueces Counts, Texas KARA SANDS rii) '-�) CJ - � _.�r "7� {5 1