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HomeMy WebLinkAboutC2019-094 - 2/28/2019 - NA Ut 2019008888 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, LLC (Owner), whose address 46 Bar Le Doc W, Corpus Christi, TX 78414, Kleberg Bank (Lienholder) whose address is 2037 Airline Road Corpus Christi TX 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 3, Block 5, Nottingham Acres Unit 2, also commonly known by its street address as 1365 Southampton Dr., Corpus Christi, TX 78415 Lot 4, Block 7, Nottingham Acres Unit 2, also commonly known by its street address as 1374 Maid Marian Ct., Corpus Christi, TX 78415 Lot 12, Block 7, Nottingham Acres Unit 2, also commonly known by its street address as 1374 Lion Heart Ct., Corpus Christi, TX 78415 Lot 20-R, Block 7, Nottingham Acres Unit 2, also commonly known by its street address as 1374 Edwinstowe Ct., Corpus Christi, TX 78415 C2019-094 2/28/19 B & A Terra Firma Development Page 1 of 4 SCANNED /74'/ //>< ,r -inn[ 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. 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 2 day of -c-� , 2019. OWNER: B &A Terra Fir..-,Development, LLC/Amir H. Zarghooni Zar•hoc), P - nt STATE OF TEXAS § COUNTY OF NUECES § �pSkLENE yo 4 _ . )4-IE. This instrument was acknowledged before me on this the2day of 9j�pF PS 2019, by Amir H. Zarghooni, President. rREs .• 20 9```\\`tee L Notary Public, State of Texas Page 2 of 4 LIENHOLDER: Kleberg Bank C______:. Tony Gomez II, Senior ice President Kleberg Bank STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this thea * y of , 2019, by Tony Gomez II, Senior Vice President Kleberg Bank CINDI M.MALDONADO 31;AL QNoryCPovMSEIoDfre Notary Public, State of Texas 04122/1019 Page 3 of 4 City of Corpus Christi: ATTEST: 72.4/77/,/-17S/ By: ql By: Re ecca 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 `/ day of biial f 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Tex homi I:- municipal =municipal corporation, on behalf of said corporation. 4 ,r►YP(7 - - ...el/ 7 a \ MONIQUE TAMEZ^LERMA ► 4 € 4:7*-\t0I ID* 114-6231-1 * ' 4 t Notary Public ► No ry Publi , State of Texas %.0).,,\...--.,tiSTATE OF TEXAS ► My Comm. Exp. 01-23-2021 ► STATE OF TEXAS § COUNTY OF NUECES § 't This instrument was acknowledged before me on this al day of ret(AAQJZv' 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services Department, ef the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Cli'PYP1••. ULTRA V PENA iba1-1 PeJt" --‘- : z',4►_ :o% NOTARY PUBLIC Notary Public, State of Texas °4 "°' State of Texas ''Iva,l.9: •" Comm.Exp. 12-02-2019 APPROVED AS TO FORM: losieji 00444 Buck Brice date Assistant City Attorney for the City Attorney Page 4 of 4 I H iii A. � W tj i O "_ r / —Q O j ' I71, L j1 7 +,, 1 , f _�FM_43 _ II _ EThiNottingham Acres Unit 21----1--1 = i=^Q1 1 - II Block 5, Lot 3 'N, --I` =�— �_ I ' I x =�I- I O— I '. _I {. Nottingham Acres Unit 2 ` .,+ .� —P Block 7, Lot 4 SOUTHAMPTON 1 .....,... _ _ ___ I --- .MAID-MARIAN Nottingham Acres Unit 2 Block 7, Lot 12 —ip,LION_HEART I� ti `r -5,.. ' EDWINST OWE it O71:,C u , v Nottingham Acres Unit 2 ." / Block 7, Lot 20 , —CR-22 — I r 0 500 1,000 2.000 *rte s c�� Feet Exhibit "A" _ i -_-_ �, Corpus Christi Water Contract Location Map ` City Limits rNora it ----4'y' l' _� _= site 1111 /,/�� Subject Property o _ 1 i ..i ° _ — LB:9Cre3aC:2r14.2019 "s Prepar9CBy:YUH MI I 6 I I - Ceparar?enroro elopmenrs9rvves --,:,� Pro,orraOCoorCmys:em azsS :faD 1983 sarso1an9_raras Sa.'01_F1PS_4205 Foe r. Pr0p coon:Lan er:conforms l_rn Con1C _ R19_K Nv91op.R?eniSvr-sISH:1RECIG1,5Pro,+9r01Cass5 sd 12J19marConaa1NQOngha/VAsr9sUr21 i',. f ®Gcr 7,LOa,Lo:1,Lo.20 8 Block 5,Lo:3 /1 , I / i / A l4/ / 414 .b. i IIIIIIIIIIIhhllIIhIIII JllIIi.phlliiphIllllllIIlllIIIlJIulhil City of Corpus Christi Development Services fr�1(1 -10, /( Attn: Monica Cervantes ()), 2406 Leopard Street 5+-e..4 00 Corpus Christi, TX 78408 Doc4 2019008888 ,: Pages 6 03/07/2019 4:12PN Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $31,i 10 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 r