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HomeMy WebLinkAboutC2017-423 - 9/14/2017 - NA Do•_� 2017040198 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 4, also commonly known by its street address as 2450 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. 2017-423 9/14/17 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 running with the land. WITNESS OUR HAND this day of ua51 , 201' V OWNER: Azali Homes, LLC, a Texas Limited Liability Company • r� Ata 4. Azali. Manager CORTNEY BENAVIDES STATE OF TEXAS § A.4111 - Notary ID # 130877318 My Commission Expires COUNTY OF NUECES § . October 27,2020 This instrument was acknowledged before me on this the day of a 2016. by Ata O. Azali, Manager of Azali Homes, LLC, a Texas Limited Liability Company. Notary Public, Stat Texas LIEN HOLDER: First Community Bank Nicholas Black, Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 01 day of AVUSt 2017, by Nicholas Black, Vice President, First Community Bank. < :�;*R P©�;:, JANET MARIE SAENZ > ' W"� / ?` cA� c�a Notary Public ; . .:ry Public, State of exas _ , STATE OF TEXAS '• rq•""••" ..... My Comm. Exp. 02-11-2019 �pV V V V V V V V V V Y City of Corpus Christi: ATTEST: 1 By: t" -1�(C. By: Rebecca Huerta Willi J. Green P.E., Interim Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 14' day of h'Y /If �() 2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christ , a Texas home-rule municipal corporation, on behalf of said corporation. /-01,7;-, MONIQUE TAMEZ LERMA °= ID# 1146231-1 > 1 / I 0 Y ;.��'4 Notary Public No -r Pub c, State of Texas I C '-,-;z111,27., STATE OF TEXAS No My Comm. Exp. 01-23-2021 A.7 rry Ne"vvvvv 4. STATE OF TEXAS § COUNTY OF NUECES § `� I,, n ) This instrument was acknowledged before me on this 1L4-day �day of 1lrub-c4, 2017, by William J. Green P.E., Interim Director of Development Services, f the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said co{poration. /:;;:;;;"14:;\- MONIQUE TAMEZ LERMA .fir/ o: ID# 114623.1-1 '• AS ; •_ Notary Publc Notary Public, tate of Texas �. My Comm.STATEOxp. 01-23-2021T1- Ne No- -vvv•> v '. APPROVED AS TO FORM: 27 day of 990 f-f--i tX`-- , 2017. il/vr/4 Buck Brice Assistant City Attorney for the City Attorney I • 1 _..�._.......-........._.___.___._.___._..............: V� Kensington Gardens, Block 2, Lot 4 FM 43 ; I „// / i i ...........HYDE I WI • i M i 0, i 1 ti UJ gt V `= SO UT H/ 1 NORTHHAMPTON DR I I • s ` 1 1 1! 0 0.025 0.05 0.1 0.15 . . �� �� ,., . �"'G, N Miles Exhibit A -c • 4 :Corpus Christi Water Contract Location Map li ,.. I ...._. ...__.._-_ -y. City Limits { Date Created:5/212017 Prepared By:Nene J.Maga/lanez -------------- __-_-___. Department of Development Services 1 File:K:IDevelopmentSvcsISPEC/AL SERVICESIPLATSIWaterContreMs1London Club EstatesIMaps Projected Coordinate System:NAD_1983_StatePlane_Texas_South_FIPS 4205 Feet 1 I Projection:Lambert Conformal_Conlc • Da_T 20 1-7U4'_t 198 Pages 5 09/22/201? iO 47AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $31.00 Any provision herein which restricts the Sale, Rental or use of the described REAL. PROPERTY because of Race, Colour Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. `.MATE 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 Nueces County, Texas KARA SANDS From: - LJQ /AI . y of Corpus 6nristi Ce•,i )pment Services/ Special ServicE-.a 2406 Leopard, Suite -.C3 Corpus Christi, TX 78408