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HomeMy WebLinkAboutC2019-020 - 1/7/2019 - NA 6 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 18, Block 3, Nottingham Acres unit 2, also commonly known by its street address as 1366 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. C2019-020 1/07/19 B & A Terra Firma Development Page 1 of 3 SCANNED dna.. 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;- - & A Terra Firma-: •velopment, LLC -.ate Au r - . Zarg ooni' Id-nt V STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the i �qf , 2019, by Amir H. Zarghooni, President, B & A Terra Firm It ,,LLC .` a .•• •. LSA.''. •`QCT ••• ,, PU F'• ,,i<L, .-i•').:o , ,_• ° .. -t•.,7".:• Notary F . id,• kf exas ; i FP�F �•.• y LIENHOLDER: Kleberg Bank '',e,,��,''p� `25.,`20;��.�`� nnnnu e &abe-ertrerr-a, - --•-- - /coy G et i , s-c„'or wre Pres,"dt - STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the *i day of I 4 , 2019, by Gabe Guerra, President, Kleberg Bank , '' AWL L GARZA f A " Notary Public.Slate otlfesaS Notary 'or.I sstoeE., State of exas MY Co02RG12019 Page 2 of 3 .1el.<z., City of Corpus Christi: ATTEST: By: (12471By: nt Reb cca Huerta Nina Nixon- endez, FAICP City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this ` day of tAA--"et., __ 2019, by Rebecca Huerta, City Secretary, of the City of Corpus " s i, a Texas • e-rule municipal corporation, on behalf of said corporation. MONIQUE TAMEZ LERMA ► 1 :7�C.°`_ ID# 1146231-1 ��t ,( h7 io „—, Notary Public =.� ��?: STATE OF TEXAS ' Notary Public, State of Texas 4 "4 _ ./ My Comm. Exp. 01-23-2021 ► STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this ' day of - 6.- ^^- 2 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services Department, o City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. ;�;;aY;,.... ULTRA V PENA . NOTARY PUBLIC \43--7.,/,--- F?J d. T-- - ..▪ ....#, .2i State of Texas • x';?.t``t' Comm.Exp.12-02-2019 Notary Public, State of Texas APPROVED AS TO FORM: day of )'iv in4 w V , 2019. thlock '644 Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 /1 llAln MAJOR OAK DR l 1 f Nw Q > 1 IliJ X O Nottingham Acres Unit 2, Block 3, Lot 18 PRINCE JOHN CT 1 SOUTHAMPTON DR F l MAID MARIAN CT LION HEART CT 0 0.125 0.25 0.5 Miles N CR 26 //Corpus Ch —CR Z6 r Corpus Christi Exhibit "A" o` :0 .7 , ''''Qii:W + ct ' Water Contract Location Map FM 43 c ,'. :T.; = HYDE PARK 11111 m , Site j" •' '' r----- 1City Limits w °ra°l c� �w CR22 IF �� -� - E a1 i,,,,�/ V�� Subject Property u 149 ,„RAIRI CR i 1.1.-1J j i- ,i\� Date Created:2/5/2018 ., : Prepared By:JeremyM ! Department of Development Services Projected Coordinate System:NAD_1983_StateP/ane Teras South_FIPS_4205_Feet Projection:Lambert_Conformal_Conlc Fife.K.DeveiopmenrSvcs ISHA RED',GIS Protecis\Cases12018 Water ContractslNottingham Acres Unit 21Block 3,Lot 181NottinghamAcresUnit2Bik3Lt 18_OCLWC.mrd A--1 cI o • (--,/./ --) - City of Corpus Christi 302J 3)- JJ Development Services 06 Leopard, Suite 100 Corpus Christi,Texas 78408 Doc 2019001,�.i''92 a Pages 5 01/10/2019 4:2541N 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 ynr q* ` -- , ;, - '`24:407'.."14-Y_ ‘_