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HomeMy WebLinkAboutC2017-315 - 4/24/2017 - NA 5-- Di-1,-1: 2017016 x'10 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, TX 78414, First Community Bank (Lienholder) whose address is 5406 Everhart, 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 6, also commonly known by its street address as 1177 Southampton 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 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. 2017-315 LOPMENT DIVISION\7 WATER CONTRACTS OCLWCTIVE\766-LONDON VILLAGE.BLOCK 3.LOT 6(1177 SOUTHAMPTON)\WATER 4/24/17 Page 1 of 3 Mostaghasi Investment Trust INDEXED ��1; I 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 `4 day of Ape-C I , 2017. OWNEF , Mostaghasi Investment Trust \\kst ;.e/ Hossein Moa I, President STATE OF TEXAS § § COUNTY OF NUECES § fil This instrument was acknowledged before me on this the '/ bay of Apt 1 , 2017, by Hossein Mostaghasi, President. YVONNE MUNOZ 2�.,.........., —/� •v. g., !D# 12465834-3 IV • :: !y Notary Public '•. ;••. ;'S;` STATE OF TEXAS Notary —, t(/ b ic, 'tate of Texa '• pF1,*' My Comm. Exp. 08-22-2019 vvvvvvvvvvvv LIEN HOL•ER: Firs Community Bank ••1.1•4111173:41.k Iv, -..)aQ - --1-‘51st ,\/ Q STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 6day of C L— , 2017, _ , faneh Manager, First Community Bank. ,. MARY ANN MARSHEL ► IThY Y a "( iD# 715666-6 ► Notary Public, S e of Texas Notary Public ► 4 ‘., ..! ` STATE OF TEXAS 4 'R '•e; My CComm. Exp. 11-10-2019 ► - .'"'"J`-‘7 K.IDEVELOPMENTSVCS1SPECIAL SERVICES\AND DEVELOPMENT DIVISIOM7 WATER CONTRACTS OCLWCTIVE1766 LONDON VILLAGE.BLOCK 3,LOT 6(1177 SOUTHAMPTONSWATER CONTRACT.DOC Page 2 of 3 1 g(v-a City of Corpus Christi: ATTEST: By: R,( (c.( . .e.e. (--(L-t(.tT(-2, By: r1—'---- Rebecca Huerta .ulio Dimas, Interim Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § ` This instrument was acknowledged before me on this 1)1 da of A, ,, , 2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. -1,pYP(�*•� MONIQUE TAMEZ LERMA °(� ID# 1146231-1 • I I I {. (� l Notary Public — 1 ".\j-L-,J+ I STATE OF TEXAS ' Notary Publi•, State of Texas • < "••'•FD*�.�•� My Comm. Exp.01-23-2021 !"p rrvv v STATE OF TEXAS § COUNTY OF NUECES § • This instrument was acknowledged before me on this day of 3. S , 2017, by Julio Dimas, Interim Director, Development Services Department, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of sai• corporation. ) ..•" p�w•• MONIQUE TAMEZ LERMA ('�P � ID# 1146231-1 / 1 • ,•j Notary Public I /� —�AL-1. •' ) `?�.._.' p STATE OF TEXAS Not:ry Publ.) , State of Texas tDFt,,./ My Comm. Exp. 01-23-2021 APPROVED AS TO FORM: 4. 0 day of l) ( °. ' i , 2017. -)/, ti, e Buck Brice Assistant City Attorney for the City Attorney KADEVELOPMENTSVCS SPECVLL SERVICESWWD DEVELOPMENT DIVISION?WATER CONTRACTS OCLIACTIVE1788-LONDON VILLAGE,BLOCK 3,LOT 8(1177 SOUTHANFTONJWATER CONTRACT.DOC Page 3 of 3 Th -3 FM 43 FM 43 -- z W HYDE PARK a Cl) ` SOUTHAMPTON r-l r lti London Village Block 3, Lot 6 _ 0 0.04250.085 0.17 0.255 e� N Miles �� �■ �` \\ Exhibit A 9� y��------el; 1 . oq iii t1 r2 —: .C26 .s Christi `>z, 2c,- -.----;-2CR2!� s =:_ o e= Site �, Water Contract Location Map K� FM aD I:.rO't� m WEBER 1I City Limits...1: y • r i e1p r. H 't+�� . 1 CR22 2 s C o -u z SW y►RAltra - CR2OA {j p { h Date Created:2/16/2017 1 - i-7 Prepared By:Nette J.Magallanez a , I ", jW1 Department of Development Services - -r; Projected Coordinate System:NAD_1983_StatePlane_Texas_South FIPS_d205_Feet Projection:LembertConformal Conic j�-14 File:XaDevelopmentSvcs\SHAREDGIS ProjectslCases12017 Water ContractsLLondon Villape1Block 3 Lot 61LondonVillapeBlk3Lt16_OCLWC.mxd C7�,4 i V • Do': 2''11016710 Pa.9es 5 F7 0M: or-cc- t(3r'5 04/27/2017 i.1:23At1 e✓ 1 of Corpus 6nristi Official Records of NUECES COUNTY Dc ;tet )pment Services/ KARA SANDS COUNTY CLERK Special Services Fees $31.00 2406 Leopard, Suite •M C.-opus Christi, TX 78408 Any provision herein which restricts the Sale? Rental or use of the described REAL PROPERTY because of Rase, 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 certifg that this instrument was FILED in file number sequence on the date and at the time stamped herein by mer and was duly RECORDED in the Official Public Records of Nueces Counts, Texas KARA SANDS