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HomeMy WebLinkAboutC2017-426 - 9/14/2017 - NA 201. 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 2, Lot 1, also commonly known by its street address as 2025 Arash, 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 'stMa�A III. Owner and o er 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 d ments charged with enforcement of the codes and regulations. Owner and Li er agree that, as to any improvements, the applicable codes and regulations are th se codes and regulations that are in effect at the time of commencement of the improvements. 2017-426 :LOPMENT DIVISIOM7 WATER CONTRACTS OCUACT1VEW717SUN GEORGE VILLAGE UNfT 1 BLOCK 2 LOT 1(2025 ARASH)1WATER 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 k , 2017. OWNERS: The Mostaghasi Investment Trust i Hossein aghasi, President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the Day of 418,4_, 2017, by Hossein Mostaghasi, Pr.es'd yVONNEMUNOZ ►ID# 1246583 -3 / / ,`• i Notary Public # Y7.,,,:„::,....4i..... .....,......,:..,,..;\ ': :'..' STATE OF TEXAS ► �' (1 ,\'./:F'-'':;e;T'' My Comm. Exp�08-22-2019 / Notary 'ublic, tate of T as LIEN HOLDER: Kleberg Bank --C-- Ti- Tony Gomez Senior Vice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 11 day of , 2017, by Tony Gomez III, Senior Vice President. i CINyoI M.MALDONAB,O -11q. l�1{1Y/A1,Niv�"1 1`"�--" 1�f Nolary Public.Stale of Teac , ' it My Commission Dire= Notary Public, State of Texas K:IDEVELOPMENTSVCS\SPECIAL SERVICESILAND DEVELOPMENT DIVISIOM7 WATER CONTRACTS OCLWCTIVEW717SUN GEORGE VILLAGE UNIT 1 BLOCK 2 LOT 1(2025 ARASHrWATER CONTRACT.DOC Page 2 of 3 City of Corpus Christi: ATTEST: By: fCJ7V& B :Y � Re cca Huerta Willia 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 ILI-11;y of &O"e4)--)a47(--), 2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. 1 N. - .a - n n n n n/. I % �.R";Pie, MQNIQUE TAMEZ LERMA i IL&d. 0 iue , f2.4,Afv\o- < ,�l'�'�L�'>. ID# 1146231-1 > � � .. • M '•i Notary Public Nota Publi', State of Texas < _.°>.,\� t STATE OF TEXAS > I `'.'.,°* :+' My Comm. Exp. 01-23-2021 '1 6rTEXAS vvN§ COUNTY OF NUECES § 1 Ii,- This instrument was acknowledged before me on this day of & �j II..+4i 2017, by William J. Green P.E, Interim Director, Development Services D-.artment, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corp. ation. ..JAA __i.� n .. n�n nom. n � i ;Ot�r Puo s' MQNIQUE TAMEZ LERMA > I i r'1 ID# 1146231-1 •= Notary Public Nota Publi e State of Texas \.),\`_,tS STATE OF TEXAS ."''.'.P •`� My Comm. Exp. 01-23-2021 I 9 v V v v v vv vv v v v N APPROVED AS TO FORM: day of S e p t-e'In r;1°- , 2017. 1 /61/tV(A 6t/t:Ge Buck Brice Assistant City Attorney for the City Attorney K:IDEVELOPMENTSVCS\SPECIAL SERVICES1LAND DEVELOPMENT DIVISIOM7 WATER CONTRACTS OCLW.CTIVEW717SUN GEORGE VILLAGE UNIT 1 BLOCK 2 LOT 1(2025 ARASH),WATER CONTRACT.DOC Page 3 of 3 0 . 41i i 1 r---, III Sun George Village, J__ ��,, Unit 1,Block 2, Lot 1 y, z. / f i___ pm U ___ a _ /N41.74" 2 I i ________ '''.--)\\\,4 $ . /F , !...,„,..a -; ----Ni }_. ____ y —FM-2444—� v ck I U 0 0.03 0.06 0.12 0.18 N,, Miles ' `�P ,4 Exhibit "A" - O 4i_____i__ e 1 4, SP h0 Q. 4., QQ- o eR,r).0 S Water Contract Location Map 1111:::--SOUTkppA MEI �.za Site so oS,oH es''''''' pr , Subject Parcel i Al _ FM2444 '^` .`w - - STAPLES O o II City Limits Ov N Z CI C Y Z_ U 411o Date Created:8/3/2017 1 — Prepared By:Joanna Sc — Department of Development Services Projected Coordinate System:NAD_1983_StatePlaneTexas South FIPS_4205 Feet Projection:Lambert Conformal Conic File:K:IDevelopmentSvcsISHAREDIGIS ProjectslCases12017 Water ContractslSun George VillagelBlock 2,Lot 11SunGeorgeVillageUnitl_Blk2Lt1_OCLWC.mxd Doct 201 7004 0279 t Pages 5 09/22/2017 2:53Pti 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 Racer 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 Nueces County, Texas KARA SANDS • From: sl y of Corpus t;nrist Dei )pment Services/ Special Service : 2406 Leopard, Suite • 0) Cp)rpus Christi, TX 78405