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HomeMy WebLinkAboutC2019-489 - 9/5/2019 - NA \O 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 6, Nottingham Acres Unit 2, also commonly known by its street address as 2302 Loxley Dr., Corpus Christi, TX 78415 Block 8, Lot 2, Nottingham Acres Unit 2, also commonly known by its street address as 2334 Loxley Dr., Corpus Christi, TX 78415 Block 10, Lot 1, Nottingham Acres Unit 2, also commonly known by its street address as 2290 Loxley Dr., Corpus Christi, TX 78415 Block 10, Lot 2, Nottingham Acres Unit 2, also commonly known by its street address as 2282 Loxley Dr., Corpus Christi, TX 78415 Block 10, Lot 5, Nottingham Acres Unit 2, also commonly known by its street address as 2258 Loxley Dr., Corpus Christi, TX 78415 Page 1 of 5 SCANNED Block 10, Lot 6, Nottingham Acres Unit 2, also commonly known by its street address as 2250 Loxley Dr., Corpus Christi, TX 78415 Block 10, Lot 7, Nottingham Acres Unit 2, also commonly known by its street address as 2242 Loxley Dr., Corpus Christi, TX 78415 Block 10, Lot 8, Nottingham Acres Unit 2, also commonly known by its street address as 2234 Loxley Dr., Corpus Christi, TX 78415 Block 10, Lot 9R, Nottingham Acres Unit 2, also commonly known by its street address as 2226 Loxley Dr., Corpus Christi, TX 78415 Block 10, Lot 10R, Nottingham Acres Unit 2, also commonly known by its street address as 2218 Loxley Dr., Corpus Christi, TX 78415 Block 10, Lot 11R, Nottingham Acres Unit 2, also commonly known by its street address as 2210 Loxley Dr., Corpus Christi, TX 78415 Block 10, Lot 12R, Nottingham Acres Unit 2, also commonly known by its street address as 2202 Loxley Dr., Corpus Christi, TX 78415 Block 3, Lot 16, Nottingham Acres Unit 2, also commonly known by its street address as 1350 Southampton Dr., Corpus Christi, TX 78415 Block 3, Lot 19, Nottingham Acres Unit 2, also commonly known by its street address as 1374 Southampton Dr., Corpus Christi, TX 78415 Block 7, Lot 2, Nottingham Acres Unit 2, also commonly known by its street address as 1358 Maid Marian Ct., Corpus Christi, TX 78415 Block 7, Lot 3, Nottingham Acres Unit 2, also commonly known by its street address as 1366 Maid Marian Ct., Corpus Christi, TX 78415 Block 7, Lot 5, Nottingham Acres Unit 2, also commonly known by its street address as 1373 Maid Marian Ct., Corpus Christi, TX 78415 Block 7, Lot 6, Nottingham Acres Unit 2, also commonly known by its street address as 1365 Maid Marian Ct., Corpus Christi, TX 78415 Block 7, Lot 11, Nottingham Acres Unit 2, also commonly known by its street address as 1366 Lion Heart Ct., Corpus Christi, TX 78415 Block 7, Lot 13, Nottingham Acres Unit 2, also commonly known by its street address as 1373 Lion Heart Ct., Corpus Christi, TX 78415 Block 7, Lot 14, Nottingham Acres Unit 2, also commonly known by its street address as 1365 Lion Heart Ct., Corpus Christi, TX 78415 Block 7, Lot 17, Nottingham Acres Unit 2, also commonly known by its street address as 1350 Edwinstowe Ct., Corpus Christi, TX 78415 Page 2 of 5 Block 7, Lot 19, Nottingham Acres Unit 2, also commonly known by its street address as 1366 Edwinstowe Ct., Corpus Christi, TX 78415 Block 7, Lot 22, Nottingham Acres Unit 2, also commonly known by its street address as 1365 Edwinstowe Ct., Corpus Christi, TX 78415 Block 7, Lot 24, Nottingham Acres Unit 2, also commonly known by its street address as 1349 Edwinstowe Ct., Corpus Christi, TX 78415 Block 9, Lot 4, Nottingham Acres Unit 2, also commonly known by its street address as 1374 Will Scarlet Ct., Corpus Christi, TX 78415 Block 10, Lot 3, Nottingham Acres Unit 2, also commonly known by its street address as 2274 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 day of Itj , 2019. OWNER: B &A Terra Firma Development L.L.C. All`/ �.`;is!!°��o� SUSAN ARLENE WORCESTER A . Zargoon' r ident : Notary Public, State of Texas Comm.Expires 07- �c%%, P' 25-2023 �'40 1 ``- Notary ID 570304 Page 3 of 5 STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the , day of , 2019, by Amir H. Zarghooni, President, B &A Terra Firma Development L.L.0 ---N _ ,!IIS„ o`�pVi i,� SUSAN ARLENE WORCESTER �_ e!c+: •tary Publi to of Texas I _V'/�ir.� h ,' r� /'o;Aii! •i '7-25-2023 Notary Public,. '- - ''o ary I 70304 LIENHOLDER: Kleberg Bank ony Gomez, Vice Presiderft STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the0�'/-' day of , 2019, by Tony Gomez, President, Kleberg Bank CINDI M.MALDONADO Notary ID 0:111311014 ®+ My Commtaotan BOND 04/12/2023 OCN / ! 1. Notary Public, State of Texas Page 4 of 5 City of Corpus Christi: ATTEST: By: 4 i g Av4 By: ifytt:Airg Rebecca Huerta Nina Nixon-Mendez, FAICP City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § bey- 2019, ^ . This instrument was acknowledged before me on this �� day of (�Ji' - 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. - - - - - - - ° ALYSHASARA BER LANGA ►► AtolArk_ ` ` j C✓l a_ . ID# 13097332-0 4 ' ' Notary Public Notai Public, State of Texas Of TEXAS .400' Ny Comm. Exp-01_19.2021 ► STATE OF TEXAS § COUNTY OF NUECES § f This instrument was acknowledged before me on this day of 5 QJYA9-01 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services De artment, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. j :gip ., ULTRAV PENA S Z:n ' NOTARY PUBLIC '•"' °(‘.-; • State of Texas PQ1 ''FOF Comm.Exp.12-02-2019 Notary Public, State of Texas eri APPROVED AS TO FORM: I day of S t✓, 2019. ---(27U(1/ (:* Buck Brice Assistant City Attorney for the City Attorney Page 5 of 5 ce ce C } m J i NH�o �I uEF OU HAMPTON DR 16 15 MAID MARIAN CT U 17 em 18 et CL ID LEGAL DESCRIPTION V 191 NOTTINGHAM ACRES UNIT 2 BLK 8 LOT 6 H © 2 NOTTINGHAM ACRES UNIT 2 BLK 8 LOT 2 LION HEART CT 2� i 3 NOTTINGHAM ACRES UNIT 2 BLK 10 LOT 1 4 NOTTINGHAM ACRES UNIT 2 BLK 10 LOT 2 © 5 NOTTINGHAM ACRES UNIT 2 BLK 10 LOT 5 NIII n 6 NOTTINGHAM ACRES UNIT 2 BLK 10 LOT 6 7 NOTTINGHAM ACRES UNIT 2 BLK 10 LOT 7 --EDWINSTOWE CT® 8 NOTTINGHAM ACRES UNIT 2 BLK 10 LOT 8 25 9 NOTTINGHAM ACRES UNIT 2 BLK 10 LOT 9R © 10 NOTTINGHAM ACRES UNIT 2 BLK 10 LOT 1OR 11 NOTTINGHAM ACRES UNIT 2 BLK 10 LOT HR 12 NOTTINGHAM ACRES UNIT 2 BLK 10 LOT 12R 26 6 13 NOTTINGHAM ACRES UNIT 2 BLK 3 LOT 16 WILL SCARLET CT 1011 14 NOTTINGHAM ACRES UNIT 2 BLK 3 LOT 19 © 15 NOTTINGHAM ACRES UNIT 2 BLK 7 LOT 2 16 NOTTINGHAM ACRES UNIT 2 BLK 7 LOT 3 9 17 NOTTINGHAM ACRES UNIT 2 BLK 7 LOT 5 10 18 NOTTINGHAM ACRES UNIT 2 BLK 7 LOT 6 19 NOTTINGHAM ACRES UNIT 2 BLK 7 LOT 11 WHIITTEHAND CT. m 20 NOTTINGHAM ACRES UNIT 2 BLK 7 LOT 13 / ® 21 NOTTINGHAM ACRES UNIT 2 BLK 7 LOT 14 22 NOTTINGHAM ACRES UNIT 2 BLK 7 LOT 17 CR 22 ' - - 23 NOTTINGHAM ACRES UNIT 2 BLK 7 LOT 19 _ 24 NOTTINGHAM ACRES UNIT2BLK7LOT22 25 NOTTINGHAM ACRES UNIT 2 BLK 7 LOT 24 26 NOTTINGHAM ACRES UNIT 2 BLK 9 LOT 4 27 NOTTINGHAM ACRES UNIT 2 BLK 10LOT 3 `oaeas c,,,,,, N 0 0.125 0.25 0.5 o :- Miles Exhibit "A" ;y / s,= _0 C., 111—Li 44 ° Water Contract Location Map FM 43 4 l __ r I I re Subject Properties U U CU I g le a I :'Ui . Sites v City Limits a .J E _ .. .:_. a a J c . 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Lots Sixteen (16), Eighteen (18) and Nineteen (19), Block Three (3), NOTTINGHAM ACRES UNIT 2, an addition in Nueces County, Texas, according to the map or plat recorded in Volume 68,Page 889,Map Records of Nueces County,Texas. Lots One (1),Two (2), Three (3),Four (4), Five (5), Six (6), Seven (7),Eight (8),Nine (9), Ten (10),Eleven (11) and Twelve (12),Block Ten (10), NOTTINGHAM ACRES UNIT 2, an addition in Nueces County,Texas,according to the map or plat recorded in Volume 68, Page 889,Map Records of Nueces County,Texas. Lot One (1), Block Twelve (12), NOTTINGHAM ACRES UNIT 2, an addition in Nueces County, Texas, according to the map or plat recorded in Volume 68, Page 889, Map Records of Nueces County,Texas. Lot One (1), Block Eleven (11), NOTTINGHAM ACRES UNIT 2, an addition in Nueces County, Texas, according to the map or plat recorded in Volume 68, Page 889, Map Records of Nueces County,Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,rights-of-way,whether of record or not;all presently recorded restrictions,reservations, covenants,conditions,oil and gas leases,mineral severances,and other instruments,other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary;any discrepancies,conflicts,or shortages in area or boundary lines; and encroachments or overlapping of improvements; taxes for the current year, the payment of which Grantee assumes, zoning laws, regulations and ordinances of municipal and other governmental authority,if any,affecting the property. Grantor,for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells,and conveys to Grantee the property,together with all and singular the rights and appurtenances thereto in any wise belonging,,to have and hold it to Grantee, Grantee's heirs,executors,administrators,successors,or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors,administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires,singular norms and pronouns include the plural. B & A TERRA FIRMA DEVELOPMENT, LLC, a Texas limited liability company :6 Amir argh :� i n (Acknowledgment) THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the k day ." Decemb- 2018,by Amir H. Zarghooni, President of B & A TERRA FIRMA VIEI OPMENT, LLC, • exas - liability company,on behalf of said company. 1 `r4Y v'`` CAT`EPi4E PEI;LSR1CK► NARY PUBLIC,STATE OF 4 ; ' D#21697;-7 '•°fsT\ STATE OF TFC 4 F ��' 'ov Comm cx -— �.UQ22621 - PREPARED WITHOUT THE BENEFIT OF TITLE REVIEW IN tab LAW OFFICE OF: Michael J.Shelly,P.C. Attorney at Law 5102 Holly Rd,Suite A Corpus Christi,Texas 78411 AFTER RECORDING RETURN TO: Doc#2018053686 Doc# 2018053686 # Pages 4 12119/2018 1:44PM e-Filed & e-Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $19.00 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 HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS (9" c47--pkv-- COUNTY CLERK ```� NUECES COUNTY.TEXAS Nueces County Kara Sands Nueces County Clerk *VG-61-2019-2019037129* Instrument Number: 2019037129 Official Public Records CONTRACT Recorded On: September 10, 2019 09:47 AM Number of Pages: 11 " Examined and Charged as Follows: " Total Recording: $47.00 NT \‘ STATE OF TEXAS r „ YCO&Ari Nueces County * . .. *1,, I hereby certify that this Instrument was filed in the File Number sequence on the date/time c) ��a printed hereon,and was duly recorded in the Official Records of Nueces County,Texas r //hGy�y�F uEC�sS '1``_' Kara Sands 0 �, \ Nueces County Clerk /�G� Nueces County, TX OK sss000___JJJ ***********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: 2019037129 LEGAL DEPT CORPUS CHRISTI Receipt Number: 20190910000034 P 0 BOX 9297 Recorded Date/Time: September 10, 2019 09:47 AM User: Brenda R CORPUS CHRISTI TX 78469 Station: CLERK02