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HomeMy WebLinkAboutC2017-547 - 10/10/2017 - NA 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, The National Bank of Beeville (Lienholder) whose address is 1400 E Houston St. Beeville, TX 78102 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 1, Lot 10, also commonly known by its street address as 2401 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. 2017-547 10/10/17 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 �l�a/n�d. �� �_ ,/ WITNESS OUR HAND this 21 day of �lOY'f�l'WT{V' , 2017. OWNER: Azali Homes, LLC, a Texas Limited Liability Company Ata O. Azali, Manager / �+ "` CONTNEY BENAVIOES i ��� My Co 0 is 130877318 STATE OF TEXAS § ,^`I My Commission 27, Expires October 27,2020 COUNTY OF NUECES § This instrument was acknowledged before me on this the ti1 day of 2017, by Ata O. Azali, Manager of Dorsal Development, LLC, a Texas Limite Liability Company. 01,1 Notary Public, Stat:j as LIEN HOLDER: The First National Bank of Beeville Josh Pryor, Vice • -sident NOCONTNEWry 0 toe/ \ 315 STATE OF TEXAS § , '^� My Commission Expires r October27,2020 COUNTY OFNUECES § \_ t,, 'I� This instrument was acknowledged before me on this the Q-!day of i fl 4 , 2017, by Josh Pryor, Vice President of The First National Bank of Beeville. Notary Public, State o xas City of Corpus Christi: ATTEST: By: �-)10_,,,e,e,. t. By: / — r. Rebecca Huerta Willis J. r"�Green P.E., Interim Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 10-frc\-ilay of ONFY L1Q� , 2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. /SY4•'t MONIQUE TAMEZ LERMA > — f ► / :` /�����= ID# 1146231-1 ' • '•= Notary Public t, �p_ STATE OF TEXAS > Notary Pub , State of Texas ,,_ , My Comm. Exp. 01-23-2021 > Ovvvvv -sr��. .s rOAP'1 STATE OF TEXAS § _ COUNTY OF NUECES § This instrument was acknowledged before me on this 10. ddaJy of Oa 6.Q,Afe.J , 2017, by William J. Green P.E., Interim Director of Development Services, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. /407; 4' MONIQUE TAMEZ LERMA !:°/r�°-' ID# 1146231-1 > • Notary Public Not.ry Publ;, State of Texas ;,4,��� My Comm. Exp. 01-23-2021 p STATE OF TEXAS vvvcivvvvvvvv♦ '914-#.1'\:1 _ ` APPROVED AS TO FORM: day of a��v U t' 2017. -61///d1 fri/(-Ce Buck Brice Assistant City Attorney for the City Attorney r I F /' , ] /i_ / / .1 FM 43 1 7 I , i 1 1 \...___ HYDE PARK Ce Kensington Gardens, -- -;° Block 11 Lot 10 _m __ U) — -_- SOUTHAMPTOY ' 7- ,/,r ) IN- NORTHHAMPTON•DR lir t E )- I _ : i i i . . o��us c„.„, N 0 0.03 0.06 0.12 0.18 1Miles Exhibit "A" `� ; -i IT. Water Contract Location Map Corpus Christi J4 r// Subject Property Site / !_ City Limits Date Created:7/21/2017 Prepared By:JoannaSc Department of Development Services File:K:IDeve/opmentSvcsISPECIAL SERVICESIPLATSIWater ContractslLondon Club EstatesiMaps Projected Coordinate System:NAD 1983 StatePlane_Texas South_FIPS_4205_Feet Projection:Lambert Conformal Con/c Doc 2017n43999 Roses 5 10/19/2017 l0:466AM 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, Color, Relision, Sex, Handicap, Familial Status or National Orisin 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 bs me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS gnf' 1i 's • '• 'Corpus uons i De;a )pment Services/ Special Service v 2406 Leopard, Suite .C C,Npus Christi, TX 78408