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HomeMy WebLinkAboutC2017-314 - 4/24/2017 - NA Doc 20170167019 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 dba Sun George Contracting and Development Company (Owner), whose address is 8026 Bar Le Doc, Corpus Christi, TX 78414, Kleberg Bank (Lien Holder), whose address is 4211 Ayers Street, 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: Sun George Village Unit 1, Block 4, Lot 2, also commonly known by its street address as 2110 Arash 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 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 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. 2017-314 .OPMENT 01VISION17 WATER CONTRACTS OCUACTIVE1785-SUN GEORGE VILLAGE.BLOCK 4,LOT 2(2110 ARASH)1WATER 4/24/17 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 Ilday of /r, 'ck ( , 2017. OWNERS: The Mostaghasi Investment Trust dba Sun George Contracting & De lopment Co. Hossein ghasi, President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the`i t`lday of APIet I 2017, by I-I�SLei_ osla_hasi, President. 4 •:_;>° .P�e••: YVONNE MUNOZ ► r���� � �':° : Ip* 12465834.3 �1 •' Notary Public �f4 aI 7 •••� ,. 4 '' 4 r'g. STATE OF TEXAS 1 '.'.`'FDF *� •' My Comm. Exp. 08-22-2019 / Notary P. b ic, S :te of Tex. LIEN HOLDER: Kleberg Bank Tony o • - Senior Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the LAY of apIAL 2017, by Tony Gomez III, Senior Vice President. 0{A:uLt., CIHO{q,t Vare M.MAGte:I 00 ex .i Nolary PuOlic.State of Texas i ,\W My commission Expires 04/72/2019 Notary Public, State of Texas KIIDEVELOPMENTSVCSISPECIAL SERVICESWIND DEVELOPMENT DIVISION\]WATER CONTRACTS OCLIACTIVE1785-SUN GEORGE VILLAGE,BLOCK 4.LOT 2(2110 ARASH)IWATER CONTRACT.000 Page 2 of 3 City of Corpus Christi: ATTEST: By: 117.Ac -lam By: / Rebecca Huerta lio Dimas, Interim Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on thisL/11:lay of alOPA.S1--/ 2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christi a Texas home-rule municipal or•o_a• ..4 .-• - of said corporation. „ MONIQUE TAMEZ LERMA ► 4eloll ID# 1146231.1 ► Notary Public ► �f nt 6kyl(2,25 /40-a6iL__) 4 c•4� /0;E STATE OF TEXAS *•,je°'V My Comm. Exp.01.23.2021 ' Notary P blic, State of Tex STATE OF TEXAS § COUNTY OF NUECES § T This instrument was acknowledged before me on this r ay of 2017, by Julio Dimas, Interim Director, Development Services Departme of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of s. corporatio 4 "'�% MONIQUE TAMEZ LERMA ► ` 4 �'°''= ID# 1146231-1 ► v, • }'• Notary Public Ne,ary P ;Mc, State of Texas 4 '}.*Act/ STATE OF TEXAS 4 `••'!a +' My Comm. Exp.01.23-2021 ► APPROVED AS TO FORM: ,l day ofApo 1 , 2017. /0friedt Buck Brice Assistant City Attorney for the City Attorney K:IDEVELOMENTSVCSISPECIAL SERVICESLLAND DEVELOPMENT DIVIWO►A7 WATER CONTRACTS OCUACTIVE1785-SUN GEORGE VILLAGE,BLOCK 4.LOT 2(2110 ARASHKWATER CONTRACT.DOC Page 3 of 3 -145-3 I H 1 O/K I Sun George Village, I=4 Unit 1 ,Block 4, Lot 2 , ly r J z r Jr Q ce t 0 1111//- L 1 2 11111 11.11 Zvi IPIN I4„,,,le* i /i_ .., mil _ rpus Christi AFM-2444 1 Q U 1 0 0.04250.085 0.17 0.255 aF.. ,-,` N ° Miles Exhibit "A" .: t>- u Y� P=P P __. ly �� QE jCR22 _ a 4i c„,„ (ix, Fs 0 - ;,I:�;,R- CR Site 4.0s R° Water Contract Location Map ,11t,t. lid . ,° r°4. �P9 :r: ;3 u = ; City Limits FM 2444STAPLES Q Q -... crimg7.—..„ 2 O '7 O i 1'' i o . C Y C u r -CRItt f '''‘.......,, Date Created:3/14/2017 iPrepared By:Netto J.Magallanez Department of Development Services ------ ---- ------ Projected Coordinate System:NAD_1983_StatePlane_Texes_South_F1PS_4205_Feet Projection:Lambert_Confonnel Conic File:K:DevelopmentSvcs ISHAREDIGIS ProjectslCases12017 Water Contracts 4Sun George VillegelBlock 4,Lot 21SunGeorgeVillageUnitl_Blk4Lt2_OCLWC.mxd `l2'S-4 . � . . . � . , . . • � �D1' �� �� ���� � �������� . � 'n ' --���«��� �C"r Pages 5 y` f /~ ` ---------- 04/27/2017 11:23AM . y O. Corpus unristi Official Records of ./ De:«� )O���nf ���K'���/ NUECES COUNTY � )pment Services/ KARA SANDS Special SeF0'cc'.: COUNTY CLERK Fees $31^00 24O�� Leopard, Suite •^CJ [ ffOu3 Christi, TX 78408 Any nruvision herein which restricts the Sale? Rental or use of the described REAL PROPERTY because of Race? Color, Reliyion, Sex, Hnndicuv, Familial Status? or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES ) hereby certify that this instrument was FILED in file number senoence on the dote and at the time stomned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS --��. ^�����