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HomeMy WebLinkAboutC2019-019 - 1/7/2019 - NA l c 201900139 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 10, Block 7, Nottingham Acres Unit 2, also commonly known by its street address as 1358 Lion Heart, 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. C2019-019 1/07/19 B & A Terra Firma Development Page 1 of 3 SCALED 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 Fir a Development, LLC /i 4 H. Za y' o• , President \\�\ii\lfll STATE OF TEXAS § �Q�' �� Pue<"o § =�•a � ` COUNTY OF NUECES § =Cr) : z • 10( • gTE CYC��' • EXP\`?'. ` This instrument was acknowledged before me on this the ONVA- 2019, by Amir H. Zarghooni, President, B & A Terra Firma Develof.W , LLC Notary Public, State of Texas LIENHOL : Kleberg Bank Pmt Ty G one L 2 S-en;o r U i CC Pres-c/cis' STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of IV 0)1 2019, by Gabe Guerra, President, Kleberg Bank ARIL L.lGARZA Pubic,Slate of Sews "". Nolary ;yes Not-ry "ublic, St_te of Texas �'•. "4'727001g Page 2 of 3 n nc— City of Corpus Christi: ATTEST: B Re cca Huerta Nina Nixon-Mendez, FAICP City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this /7 day of A ..JN 2019, by Rebecca Huerta, City Secretary, of the City of Corpus C ti, a Texas j --rule municipal corporation, on behalf of said corporation. 1 £ r p`� j/,�'+ w MONIQUE TAMEZ LERMA ► �r A�o ID# 1146231-1 ► )„r. a Notary Public STATE OF TEXAS Nota Publi State of Texas r ► My Comm. Exp. 01-23-2021 ► STATE OF TEXAS § COUNTY OF NUECES § c� This instrument was acknowledged before me on this 3 day of�G `J -` 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services Department, bflthe City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. 'PiPii• ULTRA V PENA �\4\9*-TA-- �- I. . __ -�:` NOTARY PUBLIC "*" Notary Public, State of Texas — State of Texas ".Zof . Comm.Exp.12-02-2019 APPROVED AS TO FORM: 3 day of •L1 h ti' `1 y , 2019. zuctik *140 Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 • SOUTHAMPTON DR N. r OC 0 YJ X _ 1 O MAID MARIAN CT Nottingham Acres Unit 2, Block 7, Lot 10 /L , UON_HEART_CT I J -- EDWINSTOWE CT WILL SCARLET CT 0 0.125 0.25 0.5 Miles N L_ pito Coy CR 26 n CR 21r"...2 Jcorpus Christi Exhibit .�A" .'W q .Ela Q J i n u Oi. / a "FM43. 1. -�-/_ 1-- Water Contract Location Map - • 2 l`J J _ HYDE PARK a: (�� Site -= s R ..: •„. — City Limits . IE ;ii �L �,,,,, 1 VA Subject Property __ SOUTN PRAIRIE CR 20A'J`^- ..sBIT RU I_ffill Ii _ ' • Date Created'2/5/2018 s :,r = Prepared By:JeremyM __ , Department of Development Services J— 1--,1 '.'1 1 1 I 1�1. Projected Coordinate System.NAD_1983_StatePlaneTexas_South FlPS_4205_Feet Projection:Lambert Conformal_Conic FI/e:K:ID.VNopmentSvcsISHAREDIGIS ProJectslCases12018 Water Contra cts,Nottingham Acres Unit 2iBlock 7,Lot 101NottinghamAcresUnit2B1k7Lt10_OCLWC.mxd "1-C a' '--.6 30 t2- City of Corpus Christi / 3)-/ g Development Services ,/ 2406 Leopard, Suite 100 Corpus Christi,Texas 78408 Doc 20 1 900 1 3 7 3 t: Pages 5 01/10/2019 4:25PM 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 1 hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by met and was duly RECORDED in the Official Public Records of Nueces Counts? Texas KARA SANDS r J