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HomeMy WebLinkAboutC2017-377 - 7/13/2017 - NA 7 Dc .::::' 201 -7030-4-30 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, Azali Homes, LLC a Texas Limited Liability Company (Owner), whose address is P.O. Box 8155, Corpus Christi, TX 78468, First Community Bank (Lienholder) whose address is 416 N. Water Street, Corpus Christi, Texas, 78410 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: Kensington Gardens Block 2, Lot 3, also commonly known by its street address as 2458 Shaftsbury 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 Section 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. 2017-377 7/13/17 f` Azali Homes LLC 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 runningcwith the land. WITNESS OUR HAND this J day of J W , 2016. OWNER: Azali Homes, LLC, a Texas Limited Liability Company 01111. Ata . Azali, Manager _ CORTNEY BENAVIDES ► STATE OF TEXAS § Notary ID 0130877318 ► My Commission Expires ► § 4 s October 27.2020 COUNTY OF NUECES § This instrument was acknowledged before me on this the 5 day of 2016, by Ata O. Azali, Manager of Dorsal Development, LLC, a Texas Limited Liability Company. ota►Y Public, State of T LIEN HOLDER: First Community Bank Nicholas Black, Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 6 day of 2017, by Nicholas Black, Vice President, First Community Bank. < r�:^.� "a;.. M SYLVIA GONZALES > c� IDS 226346-4 Notary Public Notary Public, State �F-�� ' i� 'i , ` STATE OF TEXAS :.s 7Ea,'• My Comm. Exp. 07-26-2020 City of Corpus Christi: ATTEST: By: ' 1 . . _K Q,e,c,-ch By: // -e:- ' 6r€2. - ' c. Rebecca Huerta William J. Green, Interim Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § '' This instrument was acknowledged before me on this I J Y da of A l I , 2017, by Rebecca Huerta, City Secretary, of the City of Corpus ChrI, a Te :• •• e-rule municipal corporation, on behalf of said corporation. ' 4 Y;4',t MONIQUE TAMEZ LERMA ► a° .;Nb\I ID# 1146231-1 ► i A i / / ?• • `v •r Notary Public ► AA�..�� -.I�1L ...• `:4`�� STATE OF TEXAS o.ry Public, •'ate of Texas `-•'•..'.&,I,,V My Comm. Exp. 01-23-2021 P STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this Blic-j:layof it a ,9 2017, by William J. Green, Interim Director of Development Servic: • of the •i 1, of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said core ation. .0 .... ."...". " ..... ."—A. " ,-,". ....._..A. e ._..) A . 1 OP 1,-;;;;CI , MONIQUE TAMEZ LERMA > • 1 °'L&,: �- 4A _ 4.1 °.- ID# 1146231-1 Not. Publi , State of Texas • i `u. 1 NotaryPublic ST { Of d° My Comm. Exp. 01.23-2021 > A v vvvvvvvvvvvAN APPROVED AS TO FORM: U day of t , 2017. Buck Brice Assistant City Attorney for the City Attorney / /: le7 .1 / ,/ / / / ' Kensington Gardens, j/ , / / Block 2, Lot 3 1 / / / FM 43 I I / 1 ____ ______HYDE • JILiEI= Z' S OUT HA i 0/) ..........-........_ •1 NORTHHAMPTON DR 1 - F r ) , 0 0.025 0.05 0.1 0.15 1Miles Exhibit ••A•■ .3,. *:, J leit' ` Corpus Christi ____�_. Water Contract Location Map Ir, , r City Limits __T . , _ , Date Created:4/28/2017 Prepared By:Melte J.Magallanez Department et Development Services I___ File:K:1DevelopmontSvcsISPECIAL SEPVICESIPLA TSI Water ContractslLondon Club EstateslMaps Projected Coordinate System.NAD_198J_StatePiane Texas South FIPS_4205_Feet Projection:Lambert_Coniormal_Conlc • Dora 201. 70304-3 Pages 5 137/17/2017 2:54P11 Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $31.0)O Feng 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 herebg certify that this instrument was FILED in file number sequence on the date and at the time stamped herein bg me, and was duly RECORDED From:J.Saleh(361)826-3568 in theOfficial Public Records of City of Corpus Chrsiti Nuecas Counts, Texas Development Services/Special Services KARA SANDS 2406 Leopard,Suite 100 `► Corpus Christi,TX 78408 (67.--A7)) '! )411-17--- n Y''i.rti 4 •3