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HomeMy WebLinkAboutC2019-015 - 1/7/2019 - NA two --)1319001394 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, B & A Terra Firma Development (Owner), whose address is 46 West Bar-Le-Doc Drive, Corpus Christi, Texas 78414, Kleberg Bank (Lienholder) whose address is 2037 Airline Road Corpus Christi Texas 78412 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: Lot 2, Block 5, Nottingham Acres Unit 2, also commonly known by its street address as 1357 Southampton, 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 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. C2019-015 1/07/19 B & A Terra Firma Development Page 1 of 3 SCAN N ED A i-A 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 , 2019. OWNER: B &A Terra F . Deve •pment, LLC A.•. H. -rgho. i ''r: den STATE TEXAS § /! § COUNTY OF NUECES § This instrument was acknowledged before me on this theday:of �'t! TF % 2019 by Amir H. Zar hooni President B &A Terra Firma Devel g � QA� = ti + 1? • Pro v Notary Public, State o NxasNo LIENHOLDER: Kleberg Bank Gabe-atter-fa, ^ ;o„i- y & ' J . Sego r ( ce fros,g/eA' STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of aNYt,) 2019, by Gabe Guerra, President, Kleberg Bank APRIL L.GARZA Nolary PohGc,Stale of lesas MY Commission Expires 02(2012019 NotY blic, State of Texas Page 2 of 3 ate,_. City of Corpus Christi: ATTEST: Or — - 2 By: _ .&# ■ . .1..a AL• By: 772-e-f / 'e•-cca Huerta Nina Nixon- ndez, FAI City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § ' v This instrument was acknowledged before me on this day of 2019, by Rebecca Huerta, City Secretary, of the City of Corpus •I�isti, a Texas h e-rule munici•a c•r_ort.n s .•s. •-half of said corporation. 4 �` TAMEZ LERMA ► 0 rYPU 'o''. M0�ID#t 1146231 1 ► I 4 : «= Notary Public ► ! , ALI / �� • STATE OF TEXAS �-��,i01-23-2022 ► Notary -ublic, r.tate of Texas - .,7loF e` My Comm.GommExp. _ _ _ . _. . . - STATE OF TEXAS § COUNTY OF NUECES § p {` This instrument was acknowledged before me on this day of �jay\-lJa 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services Department, the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. -;:c --------- ULTRA V PENA CI _ �- 'g ►,.•;o: NOTARY PUBLIC fA-c.r, ___S "« '"` :. State of Texas Notary Public, State of Texas z of +P• Comm.Exp.12-02-2019 APPROVED AS TO FORM: 11 day of )(I YN 1 q V y , 2019. thisck uptigba Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 yk'TOPO 1 MAJOR OAK DR � C ' I P i Noe 0 E W J X 0 J 1 PRINCE JOHN CT Nottingham Acres Unit 2, Block 5, Lot 2 SOUTHAMPTON DR r ( MAID_MARIAN CT --- LION HEART CT 0 0.125 0.25 0.5 Miles N •. CR 20 111 , CR.26I■ Corpus Christi Exhibit "A" ,M Impirgi;t : -'! Water Contract Location 'Nu FM 47 . t.raMI 0 Map Cityiii Limits in .iiill F C .. VA Subject Property II u�i _ ...,PRAIRIE 7 CR 20A • RAW!RUN � J_ _ 1lll�aDate Created 23/2078 = llU Prepared By:JeremyM �� l• li ■ Department of Development Services _ •• '• Projected Coordinate System.NA D_f983_StatePlane Texas South F1PS 4205_Feet Projection:Lambert Conformal Conic pp:K:D■vNopmentSvcsISHAREDIGIS Projects!Cases12018 Water ContractsNottingham Acres Unit 2\Block 5,Lot 21NottinghamAcresUnit2Blk5Lt2_OCLWC.mxd 111,141,0 . /:.61,-------- i ,;44./._ (..--/// __ _ 0 / 3&/ l2103� City of Corpus Christi Development Services • 2406 Leopard, Suite 100 Corpus Christi,Texas 78408 Doc 2019001394. T Pages 5 01/10/2019 4:25F'tl Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $27.00 Any 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 Nueces County, Texas KARA SANDS-/.7...A...,> + _ f.yt{ 2 ti f► 7 ' ,'v,r1Li;,7 _ �:'__ IK-1 max;.sem],