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HomeMy WebLinkAboutC2019-213 - 4/17/2019 - NA i.,ic.► _: 2019015016 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 Saratoga Oaks Apartments, LLC., (Owner), whose address 8026 Bar Le Doc Corpus Christi, Texas 78414, Charter Bank (Lienholder) whose address is P.O. Box 10306, Corpus Christi, Texas 78460 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: Lots One (1), Two (2),Three (3),Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20),Twenty-one (21), Twenty-two (22), Twenty-three (23), Twenty-four (24), Twenty-five (25), Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Block One (1), River Edge Village - Phase 1 Subdivision. Lots One (1), Two (2), Three (3) Block Two (2), River Edge Village - Phase 1 Subdivision. Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Block Five (5), River Edge Village - Phase 1 Subdivision. Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Block Seven (7), River Edge Village - Phase 1 Subdivision. C2019-213 4/17/19 Page 1 of 4 Saratoga Oaks Apartments LLC riItFfl Lot One (1), Block Nine (9), River Edge Village - Phase 1 Subdivision. 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 2L ay of G , 2019. 0 : Saratoga Oaks Apartments, LLC. r Hossein asi, Member STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 2( day of F.ta 2019, by Hossein Mostaghasi, Member, Saratoga Oaks Apartments, LLC. < r .PPS YVONNE MUNOZ > < _` 4 .` ID# 12465834-3 > Nota Publi,, State o e -s Notary Public ...... STATE OF TEXAS / '',-°T.RE, `- My Comm. Exp. 08-22-2019 • Ne v v v v v v v v v v v k Page 2 of 4 LIENHOLDER: Charter Bank or Raleigh Cosb Sr. Vice Presid t STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 03 G da of 0� adLit Y itt..“._ , 2019, by Raleigh Cosby, Sr. Vice President, Charter Bank /90u-c.fc— A .,_, 1 : ' ;;. PAULA ROD 1.; ,i. :.; Notary Public, State of Texas �. My Notary ID#4164031 5��� r .;•4,9„",ot? # Expires April 15,2023 Page 3 of 4 City of Corpus Christi: ATTEST: 2e-.13.e.,e44,By: By: i Rebecca Huerta Nina Nixon-M 7 dez, F'IC", City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § ii , This instrument was acknowledged before me on this (1 day of O4Q4k._Q- 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a .as home-rule ,, .A..mminicipal�corporon, on behalf of said corporation. 4 4",;(14,''',,z> MONIQUE TAMEZ LERMA a �, c,° ID# 1146231-1 ' / , , - * `� ,, Notary Public ` ��lC • .� ;!� ....�,ti STATE OF TEXAS Nory Pulllicl , State of Texas °•'.,••tof ',�`• My Comm. Exp. 01-23-2021 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of . (-\ \ , 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services D artment, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. ..4;•,:P� ULTRA V PENH C141(•(---0,___rs V z?';i, NOTARY PUBLIC 7) :: State of Texas Notary Public, State of Texas '.'e of t` Comm.Exp.12-02-2019 APPROVED AS TO FORM: l) day of Fe t"C'"/ , 2019. toga /44 Buck Brice .____ Assistant City Attorney for the CityS • --)ISi NUK14.t. Attorney IT CORM--... ..........k sFCINTARv Page 4 of 4 742500000975 I I r l 1 1 1 1 1 I I 11 CR 26 __\ /- 028600500200 028600400000 _SEBASTION_ 028600500200 028600500300 _ v River Edge Village m w— Phase One x c9 C.) (� J O a m 028600500300 . WA 028600400101 Aliga CAITLYN A 1Air 0NOI ir. ASzoti sgzo 028600400000 /. /AW4 //% 028600500000 / Ar V A 028600400103 i ip Zi AWf, i — i:AW'Q i — FM 43 ( 425000020001 425000020100 425000030405 —`,\) 425000030100 0 0.05 0.1 0.2 0.3 °°'�'e"'.. N MILS Exhibit "A" N / Water Contract Location Map 11 . ,—CR:26 LLIIII ,,corpus hristi �A Subject Parcel 11111.11 i� ./�l�ll City Limits FM43 '' ' i"gim * r-' `1-__ �r!_I a MI m CC Dale Created 2/8/2019 (Y C! C4 CR 22 C Prepared By Lawrence " �1�I U U Department o/Development Services 1111 ������ ' File:K:IDeve/opmemSvcsISHAREDIGIS ProJectslCases12019Water Contracts) �r�•••i� CR 20A River Edge Village Phase One Illlpp��lll'; 7 111 Projected Coordinate System:NA 0_1993_StatePlane Tenas_South F/PS 4205 Feel 111190.. = Projection:Lambert_Conformal_Conlc • Page 5 of 5 l� IIIIIIII1Ii1l11ININI1l111l1ll ll1ll111llllill'illll"lil11l1.l &kilo " City of Corpus Christi Development Services Attn: Monica Cervantes 2406 Leopard Street ;' Corpus Christi, TX 78408 Doc 2019015016 4 Pages 6 04/18/2019 2:53PM Official Records of NUEC:ES COUNTY KARA SANDS COUNTY CLERK Fees $31.00 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 17' ri +'00--' •