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Home My WebLink AboutC2019-578 - 10/23/2019 - 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, Alex Azali (Owner), whose address P.O. Box 8155 Corpus Christi, Tx 78412, First Community Bank (Lienholder) whose address is 500 N. Water Street, Suite 100 Corpus Christi, Tx 78401 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 9, Block 2, Kensington Gardens, also commonly known by its street address as 2410 Shaftsbury Drive, 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. Page 1 of 3 SCANNED 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. r11A/ U'lf WITNESS OUR HAND this 1\ day of V ,U20 19. OWNER: Dorsa Development, LLC /Alex Azali Alex Azali, 'resident • v` CORTNEY BENAVIDES STATE OF TEXAS § �I Notary ID # 130877318 MyC My Commission Expires COUNTY OF NUECES § ''':1111111110"°' October 27, 2020 OC hu'- C� This instrument was acknowledged before me on this the f) day of Ntecificrtbkr 2019, by Alex Azali, President, Dorsal Development, LL ml' Notary Public, ' of Texas .�1 LIENHOLDER: First Community Bank i Nick Black, Vice President �'""°' Notary IDECORTNEY#BENAVIDES 130877318 STATE OF TEXAS § ,'^<I My Commission Expires § ‘,„,000), October 27,2020 COUNTY OF NUECES § O( huv G This instrument was acknowledged before me on this the 15 day of '?{f 2019, by Nick Black, Vice President, First Community Bank S1 ,; Notary Public of Texas Page 2 of 3 City of Corp isti: riff By: ' Wlitht/ ire ,J. r a mond III, AIA, CBO Dire or of 'Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this Zday of ,&(42 '"I , 2019, by Al Raymond, Director of Development S-rvices Department, of the City of Corpus Christi, a Texas ho - -, unicipal corporatio , on •ehalf of said • •• : 'on. P61 .V. o 'k+ ..0 / OF •• r . 0 '•tary Public, State of Texas ' fit'' l'c of it+ 6.tid 1,4 ?s72+�0� `:.FS 12.1 - APPROVED AS TO FORM: 1 ( day of C .t , 2019. VZ/Vel AriZ.A, Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 /Corpus Christi I V //i , /1 I / / ,/ / ,/ ;` / __ . — FM�43- CO_ ..---2"---"<--e- p HYDE PARK=� Ca L KIRKLEES N 11111W- =ii, ;SOUTHAMPTON X� —N MI O 1 1PRINCE-JOHN Kensington Gardens 11111 — Block 2, Lot 9 �m l r"' "ml SII MIIIII ► II PAIR -- eus u„ N 0 0.125 0.25 0.5 1iles Exhibit "A" ±�' ym ,,,t, \� r --„,..„c-,.-- o,rpus rWater Contract Location Map IL---I mu r- Christi n —cR•2s s. �` ��, _ ��A Subject Property r Lo ;; i_a, ,� L. City Limits FM 43 —l+.j- I cc U 01 CC — -=r �— C u 0 U x- c[ 3 0'°� I "' I CR 22 0 ,, Date Created:923/2019 Prepared By:LDF E 11 Department of Development Services CR201 File:K:IDevelopmentSvcsISHAREDIGIS ProjectslCasesl2019 Water ContractslKensington Gardensl — mm, '-1.1 � , Block 2,Lot 9 Ul�t� Projected Coordinate System:NAD 1983 StatePlane_Texas_South_FIPS_4205_Feet — Projection:Lambert Conformal_Conic 1 We cerllly tree this Instrurnent is a true and correct copy of the•, alt found In our Guaranty File No • /b I WARRANTY DEED WITH VENDOR'S LIEN FIRST By: NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S UCENSE NUMBER. Date: June 25, 2014 II Grantor: William E. McCarty, Jr. and Frances McCarty Grantor's Mailing Address (including county): 1277 FM 443& 337 FM 43 Corpus Christi, Nueces County, Texas 78415 Grantee: Dorsal Development, LLC Grantee's Mailing Address (including county): P.O. Box 8155 Corpus Chnsti, Nueces County, Texas 78488 Consideration: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, together with a note of even date herewith in the principal amount of $1,875,000.00, executed by the Grantee, payable to the order of First Community Bank, which is secured by a vendor's lien retained in this deed and by a Deed of Trust, Security Agreement and Financing Statement of even date herewith from Grantee to Kevin M. Maraist,Trustee. Property: A 48.714 acre tract of land,more or less, a portion of the north half of the east 200 acres of Section 3,Laureies Farm Tracts, a map of which is recorded in Volume 3, Page 15,Map Records, Nueces County,Texas, said 48.714 acre tract as further described by metes and bounds as follows: BEGINNING at a 5/8"iron rod found at the point of intersection of the south right-of-way line of FM Highway 43 (100'right-of-way)and the west boundary line of a 25.00 acre tract described by deed, Document No. 2006010739, official records of said county, said beginning point for the northeast corner of the tract herein described and which bears S89°08'S0"W 392.25'from a 5/8"iron rod found at the northwest corner of a 0.390 acre tract of land described by deed recorded at Document No. 2008026617,said official records; THENCE S00°48'59"E 2590.00'along the west boundary line of said 25.00 acre tract to a t I point for the common southeast corner of the tract herein described, northwest corner of a 10.10 acre tract of land described by deed recorded by Document No. 2008050279,said official records and northeast corner of a 49.81 acre tract of land described by deed recorded at Document No.2010025201,said official records, said southeast corner of the tract herein described bears S53°33'23"E 0.60'from a 5/8"iron rod found; THENCE S89°12'52"W 819 09'along the north boundary line of said 49.81 acre tract to a t 5/8"iron rod set for the common southwest corner of the tract herein described and northwest corner of said 49.81 acre tract and being in the east boundary line of a 197.75 acre tract of land described by deed recorded at Document No. 2011026100, said official records; THENCE along the east boundary line of said 197.75 acre tract N0O°49'32"W 2590.00 to 56' iron rod found for the northwest corner of the tract herein described at the point of intersection of said south right-of-way line of FM Highway 43 and east boundary line of said 197.75 acre tract; THENCE along said south right-of-way line of FM Highway 43 N89°12'52"E 819.51'to the POINT OF BEGINNING. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to all valid and existing easements, restrictions, rights-of-way, mineral reservations and leases, conditions, exceptions, reservations and covenants, of whatever nature of record with the County Clerk of Nueces County, Texas, affecting said property, and also to the zoning laws and other restrictions, regulations, ordinances, and statutes of municipal or other governmental authorities applicable to and enforceable against the property, and taxes for the tax year 2014, which same having been prorated are hereby assumed by the Grantee. For Grantor and Grantor's heirs and successors, a reservation of any and all oil, gas and other minerals that are in and under the property and that may be produced from it. Notwithstanding disclosures required by law to be given by Seller(s) to Purchaser(s) prior to and/or contemporaneous with transfer of title or recordation of public notice of such transaction, Grantor(s) and Grantee(s) hereby acknowledge their mutual agreement, as negotiated, which is a factor in the price for the property hereinabove described, that with this conveyance GRANTOR(S) SELLS AND CONVEYS SAID PROPERTY TO GRANTEE(S) AND GRANTEE(S) ACCEPTS SAID PROPERTY IN "AS IS"CONDITION,WHERE IS,AND WITH ALL FAULTS, EXCEPT FOR THE WARRANTY OF TITLE PROVIDED HEREIN, AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTIES, OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPUED, CONCERNING THE PROPERTY OR THIS DEED FROM OR ON BEHALF OF THE GRANTOR, INCLUDING, WITHOUT LIMITATION (I) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY,(N) THE MANNER OR THE QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO THE IMPROVEMENTS, IF ANY, ON THE PROPERTY, AND (III) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR,OR LACK OF REPAIR OF THE PROPERTY. GRANTEE AGREES THAT GRANTOR HAS NOT, DOES NOT AND WILL NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PROPERTY AND ITS COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDINANCES, ORDERS OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING OR DISPOSING OF ANY SOLID WASTE,AS DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R. PART 2261, OR HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1990, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. FURTHER GRANTEE AGREES THAT GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT,REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO IN THIS DEED, and that Grantee(s) acknowledges sole reliance upon Grantee's own inspections r,p; and/or investigations, if any, of said property and upon Grantee's own due diligence in regard thereto, it being the intention of Grantor and Grantee to expressly negate and exclude all warranties including without limitation, the implied warranties of merchantability and fitness for any particular purpose and warranties created by an affirmation of fact or promise or by any description of the property or by any sample or model or any other warranties whatsoever contained in or created by the Texas Uniform Commercial Code. 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 warranty. But it is expressly agreed that the vendor's lien as well as the superior title in and to the above described premises is retained against the above described property, premises and improvements until the above described note and all interest thereon is fully paid according to the face, tenor, effect and reading thereof, at which time this deed shall become absolute. The said vendor's lien and superior title herein retained are hereby transferred, assigned, sold and conveyed to First Community Bank, its successors and assigns, the Payee in said note without recourse on Grantors. When the context requires, singular nouns and pronouns include the plural. • William E. McCarty, Jr. -\\744.4,1,,C-C-4,7")(7 a,45 Frances McCarty ` • n, t THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the Z4Loay of June, 2014, by William E. McCarty, Jr. r �;. --� _ Notary P blic, State of Texas + %n 7'r:; R0Sliv LOPEZ t; VSTATE OFPubk ; t. 1 \ MyC a.0 2017 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the 015 day of June, 2014, by Frances McCarty. .� tRte LOPEZ RLOPE e r °��r Nowt FitDilc � 57ATE OF TEXAS \:..,1/4'71-4:4) My Comm.Exp.07-15.2017 Not Pub , ' ate o ' as -• j After recording Return to: fi wsr d I Nueces County Kara Sands Nueces County Clerk • *VG-61-2019-2019044042* Instrument Number: 2019044042 Official Public Records CONTRACT Recorded On: October 23, 2019 03:29 PM Number of Pages: 9 " Examined and Charged as Follows: " Total Recording: $39.00 STATE OF TEXAS Nueces County *�� I hereby certify that this Instrument was filed in the File Number sequence on the date/time 0, J' ,,,i printed hereon, and was duly recorded in the Official Records of Nueces County,Texas i��,111`oF/S C�S�%' Kara Sands N`s• Nueces County Clerk4 :1114cG 4d4) Nueces County, TXT ***********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: 2019044042 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20191023000153 2406 LEOPARD STREET Recorded Date/Time: October 23, 2019 03:29 PM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK02