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Home My WebLink AboutC2019-418 - 6/28/2019 - NA • 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 is 46 Bar Le Doc West, Corpus Christi, Texas 78414, Kleberg Bank (Lienholder) whose address is 5350 South Staples St., Corpus Christi, Texas 78411 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: Block 8, Lot 1, Nottingham Acres Unit 2, also commonly known by its street address as 2342 Loxley Dr., Corpus Christi, TX 78415 Block 9, Lot 16, Nottingham Acres Unit 2, also commonly known by its street address as 1349 Whitehand Ct., Corpus Christi, TX 78415 Block 9, Lot 14, Nottingham Acres Unit 2, also commonly known by.its street address as 1365 Whitehand Ct., Corpus Christi, TX 78415 Block 9, Lot 13, Nottingham Acres Unit 2, also commonly known by its street address as 1373 Whitehand Ct., Corpus Christi, TX 78415 Block 9, Lot 11, Nottingham Acres Unit 2, also commonly known by its street address as 1366 Whitehand Ct., Corpus Christi, TX 78415 Page 1 of 4 SCANNED c,tf t Iell Block 9, Lot 9, Nottingham Acres Unit 2, also commonly known by its street address as 1350 Whitehand Ct., Corpus Christi, TX 78415 Block 9, Lot 8, Nottingham Acres Unit 2, also commonly known by its street address as 1349 Will Scarlet Ct., Corpus Christi, TX 78415 Block 9, Lot 6, Nottingham Acres Unit 2, also commonly known by its street address as 1365 Will Scarlet Ct., Corpus Christi, TX 78415 Block 9, Lot 5, Nottingham Acres Unit 2, also commonly known by its street address as 1373 Will Scarlet Ct., Corpus Christi, TX 78415 Block 9, Lot 3, Nottingham Acres Unit 2, also commonly known by its street address as 1366 Will Scarlet Ct., Corpus Christi, TX 78415 Block 9, Lot 1, Nottingham Acres Unit 2, also commonly known by its street address as 1350 Will Scarlet Ct., Corpus Christi, TX 78415 Block 10, Lot 4, Nottingham Acres Unit 2, also commonly known by its street address as 2266 Loxley Dr., 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. 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 r 4, day of jli ,� , 2019. Page 2 of 4 OWNER: B &A Terra F ma Development L.L.C. ��r/ it H. .rghoo i ',- dent STATE 0 TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the26day of I • , 2019, by Amir H. Zarghooni, President, B &A Terra Firma Develop ent L.L.C. `P�P''� SUSAN ARLENE _N°tir oe�; WORCESTER ' n_Notary Public, State ofTexas �•..,.:+� Comm. Expires 07-25-2023 -'' Oi�,``� Notary ID 570304 Notary Public, State of Texas LIENHOLDER: Charter Bank Tonez, resident STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of ‘" 4.4.,,r4 2019, by Tony Gomez, President, Kleberg Bank 344-1 CINDI M.MALDONADo Notary Public, State of Texas ,, Notary ID t 5033014 :,(-4 My t:nmmiselon Exphq 0•"�":/2323 City of Corpus Christi: ATTEST: Page 3 of 4 By: + • . _ > By: 1 `. HuertaNina Nixon-Men z F P Rebe a , City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § Jine.-This instrument was acknowledged before me on this A.8day of 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal cor•o a 'o • • •f said corporation. 4 s►p�Pi; � ALYSHA SARA BERLAHGA ► i :o�/� o\ ID# 13097332 0 ► Notary Public ► STATE OF TEXAS Al �i ��i_� �� My Comm. Exp. 01 18.2021 ► Nota Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES § � \ o� This instrument was acknowledged before me on this day of 3-0flQ 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services Department, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. -PYP.e. ULTRA V PENH SO/_�,'"; NOTARY PUBLIC =•'t '° y' State of Texas NotaryPublic, State of Texas ''•'.7iof } Comm.Exp.12-02-2019 APPROVED AS TO FORM: (� Lp day of )`i '1 t , 2019. ,1„6/11 Buck Brice Assistant City Attorney for the City Attorney Page 4 of 4 it 1 _ Ct0 >-.I X o_ II - SOUTHAMPTON_DR Nottingham Acres Unit 2, ~ '� Block 8, Lot 1 MAIDMARIAN CT < , et V (LION HEART CT <- /1111"1 Nottingham Acres Unit 2, No ngham Acres Unit 2, EDWINSTOWE C Block 10, Lot 4 BI ck 9, Lot 3 ...41„ % Nottingham Acres Unit 2, Nottin ham Acres Unit 2, Block 9, Lot 1 Bloc 9, Lot 5 WILL SCARLET CT Nottingham Acres Unit 2, Notting am Acres Unit 2, kr 4.-m- Block 9, Lot 8 Block , Lot 6 Notti gham Acres Unit 2, ► — __Nottingham Acres Unit 2, Bloc 9, Lot 11WHITEHAND CT Block 9, Lot 9 Nottingh m Acres Unit 2, P - Nottingham Acres Unit 2, Block 9, Lot 13 RloCkq, Lot 16 C R.22 Not'ingham Acres Unit 2, Block 9, Lot 14 0 0.125 0.25 0.5 (OppUS chq N Miles Exhibit "A" °'`�'��= ��rc7.: J . P. - Water Contract Location Map iii•. Ail� !FM 4 i IIc-- , Subject Parcels 'e oIX IX 0 I Ce ��1: = City Limits Sites in E riu.va Date Created:6/24/2019 Prepared By:JeremyM — s- Department ol Development Services .SII - FIIeK:IDevelopmentSvcsISNAREDIGISPro/aetstcases12019WaterContracts% Nottlnpbam Acres Unit 2113 Cots In Blocks 6,6,9,10 J I '—' -TA Protected Coordinate System:NAD_1963_StatePlane Texas_South_FIPS 4205_Feet Projection:Lambert Conformal Conic Nueces County Kara Sands Nueces County Clerk *VG-61-2019-2019027050* Instrument Number: 2019027050 Real Property Recordings CONTRACT Recorded On: July 09, 2019 09:43 AM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $27.00 ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2019027050 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20190709000042 2406 LEOPARD STREET Recorded Date/Time: July 09, 2019 09:43 AM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK02 STATE OF TEXAS PO"C04111 Nueces County *1,, I hereby certify that this Instrument was filed in the File Number sequence on the date/time or�\a Q printed hereon,and was duly recorded in the Official Records of Nueces County,Texas :V: Kara Kara Sands OF Nueces County Clerk� 30Ad4) Nueces County, TX