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HomeMy WebLinkAboutC2017-608 - 12/27/2017 - NA Per Do._ 20 1 7054..7r'i . 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, D & Z Construction Services. LLC (Owner), whose address is 3117 Cabaniss Rd, Corpus Christi, TX 78415, American Bank (Lienholder) whose address is 5120 S. Padre Island Dr. Corpus Christi Tx, 78411 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: The Promenade Block 1, Lot 23, also commonly known by its street address as 706 Buffalo Creek 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. 2017-608 12/27/17 D& Z Construction Services LLC SCANNED 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 Zl day of it/ov-C.v,Se/ , 2017. OWNER: D & Z Construction Services, LLC r c (. (_ Darr cComb, Director STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this th2Cay of NNtot yx , 2017, by Darren McComb, Director, D & Z Constr ion o,aY,,o'8, SANDRA MOYA y Notary Public, State of Texas �� i '�.y; My Commission Expires / 1.,;::;,:ay ,,, May 05, 2018 Notary Public, State of Texas LIEN HOLDER: American Bank Ji • kett, Lending Officer STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this thday of i\\)Nimivh_p/7-- , 2017, by Jim Pickett, Lending Officer, American :- k 11,,, SANDRA MOYA / :��o�Pa Pu�„�-' Public, State of Texas h / , Notary • 6. -'„ My CoMay fission[x 05, 2ot8pires Notary Public, State of Texa" h 17 ' '/--/-- I City of Corpus Christi: ATTEST: By: _ By: /_ Pc- - :- - . a�I 'le�'� Willia/4//- . Green P.E., Interim Director = l,} ;,.f-City Se etary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § ��ik This instrument •�,.s acknowl •gc before me on this day of '- - Cr t'_rvv\;A% 2017, b ' -4- . - ity'`gecre1tary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. —PO 11_6_3 ay&L..1—f)1.-A. .1, (X._ Notary Public, State of Texas Z;AP;; YSHA SARA BERLANGA ► 4 fa°�`Q�, °'- ID# 13097332-0 ► STATE OF TEXAS § t Notary Public ► COUNTY OF NUECES § ' Comm. OF 1 yomExp. 0 .19.2021 This instrument was acknowledged before me on this day of 10• • rrk.r 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. sarc„._(3eA Notary ublic, State of Texas soosi'''''''Po > ALYSHA SARA BERLANGA ,,,///111 I r/ .°` ID# 13097332-0 y /� 1� �' Notary Public APPROVED AS TO FORM: dayof '/ , 2017. \...�P` STATE OF TEXAS sock 1104 � ••'�� ^ My Comm. Exp. 31-19.2021 Buck Brice Assistant City Attorney for the City Attorney A 1/ / C� BUFFALO CREEK DR. The Promenade VcIS, 4 Block 1i. , Lot 23 %4 lit a BATTLE CREEK DR L ----i bit& cn JE- J Z IIII lc cc MI Q a \ l \ = l \ \ \ 1 , , o tele,_ -______________ 4 c.,,,..g. ihh, -qt.-04. Ix n / X u. o a Wlr -----( 2 11J ge _- _ /cifo \ ' J I a FM 2444 Q i 0 0.05 0.1 0.2 cos cN N Miles Exhibit "A" . _I r u CR 22----t—- . Fltri _;,_"'III CR 20A, Corpus Water Contract Location Map `, _ :' Christi �A Subject Parcel 111II - — ,2“ = City Limits r. Date Created:10/23/2017 Prepared By:JoannaSc J� Department of Development Services Projected Coordinate System:NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet /� Projection:Lambert_Conformal Conk l File:K:IDevelopmentSvcsISHAREDIGIS ProjectslCases12017 Water ContractslThe PromenadelBlock 1 Lot 231ThePromenadeBlk1Lt23_OCLWCC.mxd .►, i From:J.Saleh(361)826-3568 City of Corpus Chrsiti Development Services/Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408 Docs 21_117054705 t. Panes 5 12/27/2017 1:31PM Off ficial Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $31.00 Any provision herein which restricts the Sales Rental or use of' the described REAL PROPERTY because of Race, Color, Rel is ion: Sex, Handicap, Familial Status: or National Or is in 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 SANDSEri f Aj�l�;;�