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HomeMy WebLinkAboutC2017-317 - 4/24/2017 - NA Dac # 2017016712 .5- STANDARD 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 Le Doc, Corpus Christi, TX 78414, First Community Bank (Lienholder) whose address is 14254 South Padre Island Drive, Corpus Christi, Texas, 78418 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 Lot 3, Block 1, also commonly known by its street address as 1202 Hyde Park 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. 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. 2017-317 4/24/17 Page 1 of 3 Mostaghasi Investment Trust INDEXED • 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 • ! `day of f i),2.i , 2017. OWNED: Mostaghasi Investment Trust Hossein aghasi, President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the)! I ikday of Pt iv, 1 2017, by Hossein Mostaghasi, President. 4 ? °*�... YVONNE MUNOZ ► r; 10# 12465834.3 ► AO� Notary Public 4 ► f ; • • ( w City of Corpus Christi: ATTEST: By: 7)• e'- k ,'e,-Ci. 441.A.c-v- (c,_ By: / --- Rebecca 1Rebecca Huerta J io Dimas, Interim Director City Secretary 'a evelopment Services Department STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of pk,Q,, , 2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christi a Texas home-rule municipal corporation, on behalf of said corporation. „ ":;;ZZMONIQUE TAMEZ LERMA 4.1 =•�%�y°`t ID# 1146231-1 '��/ "'` I` • Notary Public Notary Pu Vic, State of Texas • �',�-• +A' STATE OF TEXAS ► OF.7•�{ My Comm. Exp. 01-23-2021 ► • STATE OF TEXAS • COUNTY OF NUECES § J < �/ Ct.� This instrument was acknowledged before me on this day of , 2017, by Julio Dimas, Interim Director of Development Services, of the City of Corpus Christi, a 0 Texas_home-rule municipal corporation, on behalf of said corporation f, 'RYPi;e MONIQUE TAMEZ LERMA ► A�q POS,.. o ��4 / �°= ID# 1146231-1 • Notary Public L •1116.../ •..I'\_.2 / STATE OF TEXAS ► Not. Public State of Texas 'rt?!.1,...• My Comm. Exp. 01-23-2021 ry APPROVED AS TO FORM: le day of �� i / 2017. rpoizt.e.A 64,i;tz--- Buck Brice Assistant City Attorney for the City Attorney KIDEVELOPLENTSVCSISPECIAL SERVICES1LAND DEVELOPMENT DIVISKNJI7 WATER CONTRACTS OCLWCT1VE 788-LONDON VILLAGE.BLOCK 1.LOT3(1202 HYDE PARK7OCL WATER CONTRACT.DOC Page 3 of 3 "1 WJ / London Village Block 1 , Lot 3 i _ - FM 43FM-43 1 1 IIi___ Z W HYDE PARK Q CO SO.UTHAMP_TON cP. I 0 0.04250.085 0.17 0.255 ,, Miles Exhibit "A" 11444•., -► I rI C4.4 . 111111111* •� ' • Christi ria, ` fl w Irv CR2a i1.—CR.it2er `$ Site ,�� Water Contract Location Map i rPirf `: �43i 3 WeSCR City Limits 1 _ =, II 1 ���1� iCR i] - rMNtm attn iiidi CRUM i Date Created:3/14/2017 SCA RUM ,. 11 4=3 � Prepared By:Neste J.k4apallenez I Department of Development Services I . di,i Projected Coordinate System:NAD_1983_StatePlane Texas South_FIPS_4205_Feet Projection:Lambert Conformal Conic file:K:IDevelopmentSvcsISHAREDIGIS ProjectslCasesl2017 Water ContractslLondon VillagelBlock 1 Lot 31LondonVlllapeBlk1Lt3_OCLWC.mxd igI.— LI • 5• • Doct 20170 1671 2 4, Pages 5 E om: o�i LS L' 5 04/27/2017 11:2301 of Corpus 6nristi Official Records of ECESDe; rpment Services/ KARA SANDS V (AUNTY Y C:LER.K. Special Service 17 Fees $31.00 2406 Leopard, Suite •:00 Carpus Christi, TX 78408 Ano 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 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 Hueces Counts, Texas KARA SANDS t' Y