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HomeMy WebLinkAboutC2017-417 - 9/14/2017 - NA Doi.-:41,` 2017040047 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 3, Lot 5, also commonly known by its street address as 2034 Amaryllis, 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 C ist v4 III. Owner and ' or 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 ander er gree that, as to any improvements, the applicable codes and regulations are those codes an regulations that are in effect at the time of commencement of the improvements. 2017-417 _OPMENT DIVISION\7 WATER CONTRACTS OCLIACTIVEW716 SUN GEORGE VILLAGE UNIT 1 BLOCK 3 LOT 5(2030 AMARYLLIS)\WATER 9/14/17 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 . day of / , 2017. 1J OWNERS: The Mostaghasi Investment Trust dba Sun George Contracting & Deane opment Co. Hossein aghasi, President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 1 qday of Atts.,6'-' , 2017, by Hossein Mostaghasi, President. + ..: YVONNE MUNOZ • ?',„,...f= ID# 12465834-3 I 4 4 . •.. PA Notary Public 1 �J �� .••. ..,.. �;' STATE OF TEXAS Nota 'ubIt ..DP,7.' My Comm, Exp, 08-P2-2019 I State of • LIEN HOLDER: Kleberg Bank ____C__ Tony Gomez Ill Senior Vice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the) ay of , 2017, by Tony Gomez III, Senior Vice President. „ __� .'a♦l� NCoMIuNyOry I[PM10 uASRloM00n110DfAii0ree0ses N4Ld _ '\ I -- Notary Public, State of Texas K:IDEVELOPMENTSVCS',SPECIAL SERVICESILAND DEVELOPMENT DIVISI01417 WATER CONTRACTS OCLLACTIVEW716 SUN GEORGE VILLAGE UNIT 1 BLOCK 3 LOT 5(2034 AMARYLLISAWATER CONTRACT.DOC Page 2 of 3 t City of Corpus Christi: ATTEST: By: By: 1/.---/,„----34------ �-c- Rebecca Huerta Williamreen P.E., Interim Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this It ti of _, 2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. , :RYP4'•t MONIQUE TAMEZ LERMA 's.:j�O` ID# 1146231-1 . �� r*/ Notary Public Notary Public, State of Texas ;.).\\!..:k.) }� Jai STATE OF TEXAS ,,,Ft. My Comm. Exp. 01-23-2021 .! ' ' w v v v v v, - v vN STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 1 day of '110 4.I.'A ' ,1 / ) 2017, by William J. Green P.E, Interim Director, Development Services De•artment, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corps ation. ��YPv`", MONIQUE TAMEZ LERMA =/ro ''��o': ID# 1146231 1 I • ...J -..d.�. / / / . ly,� Notary Public Not:ry Pubi c, State of Texas `'15 .)„i_;` STATE OF TEXAS 4 ,...;..7•roF •r My Comm. Exp.01-23-2021 O v v‘,-v-S.-- v vv 4 / C APPROVED AS TO FORM: 6 day of l eri e M b t'' , 2017. Buck Brice Assistant City Attorney for the City Attorney ICIDEVELOPhENTSVCSISPECIAL SERVICESLLIWD DEVELOPMENT D4VIS10M7 WATER CONTRACTS OCUAC71VE1A778 SUN GEORGE VILLAGE LINT 1 BLOCK 3 LOT 5(2034 AMARYWS)1WATER CONTRACT.DOC Page 3 of 3 . lig --. -----" I _ _ ,. Sun George Village, . Unit 1,Block 3, Lot 5 ill iillit/ klvA _ ____ r____, /,*. � ____ ,\ Z' IA , oC a. x. a i _- .A' .7# Q. a� r i 'p. . 4o P's7-- . a 7/ / --/ I __-- 0 0.03 0.06 0.12 0.18 N Miles 0,__ 1 , 3 ts. Exhibit "A" .� ; 1 et ` .-Z4-' P P yO lT. et CR22 - ,� �, 0? t/P,, Y° °R° Water Contract Location Map -3�,r1 i LIIK �z� l , Ao ti � s° a�P" ���j, Subject Parcel RA 4W a j f Fi STAPLES o City Limits =S LjC.,— i• u I cafes Date Created:8/3/2017 Ai Prepared By:Joanna Sc Department of Development Services Projected Coordinate System:NAD_1983_StatePlane Texas South_FIPS 4205 Feet Projection:Lambert Conformal_Conic File:K:IDevelopmentSvcsISHAREDIGIS ProjectslCases12017 Water ContractslSun George VillagelBlock 3,Lot 51SunGeorgeVillageUnitl_BIk3Lt5_OCLWC.mxd Doc 20171)40047 Y Pages 5 09/21/2017 4=13Phi Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $.31.00 Ans 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 by me/ and was duly RECORDED in the Official Public Records of F"om: 'G Nueces County/ Texas of Corpus vnrnsti KARA SANDS DelotIpment Services,' r''� ` = ,x_ .:,A-r} Special Service. 2406 Leopard, Suite -.0 Glrpus Christi, TX 78408