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Home My WebLink About032320 RES - 01/12/2021Resolution authorizing outside city limits water contract with GTHH Development, LLC to provide public water to the property located outside the city limits described as Swan Village Phase I Subdivision Lots 1-21, Block 1, Lots 1-25, Block 2 and Lots 1-16, Block 3 for Swan Village Phase I Subdivision, also commonly known by its street address as FM 2444 (S. Staples Street), under Corpus Christi Code Section 55-113 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council authorizes the City Manager or designee to enter into outside city limits water contract with the property owner of Lots 1-21, Block 1, Lots 1-25, Block 2 and Lots 1-16, Blocks 3 of Swan Village Phase I Subdivision, also commonly known by its street address as FM 2444 (S. Staples Street), to provide city water to their respective property located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. PASSED AND APPROVED on the Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: day of Airz, N7R Reb'cca Huerta City Secretary , 2021: (..—GIT OF CORPUS CHRISTI Paulette M. Guajar Mayor 032320 Page 1 of 1 SCANNED 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 CONTRACTAND AGREEMENT made and entered into an original by and between, GTHH Development, LLC. (Owner), whose address 4833 Saratoga Boulevard, PMB423, Corpus Christi, Texas 78413, 1st Community Bank (Lienholder) whose address is 416 North Water Street, Corpus Christi, Texas 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: WITN ESSETH: 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), Block One (1), Swan 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), 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), Block Two (2), Swan 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), Sixteen (16), Block Three (3), Swan Village - Phase 1 Subdivision. Page 1 of 3 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 com mencement 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 i2 day of 9.ec.va)4✓ OWNER: GTHH Development, LLC. Hossein Mostaghasi, President STATE OF TEXAS COUNTY OF NUECES , 2020. This instrument was acknowledged before me on this the 1 g day of b„5j,i� m.b 2020, by Hossein Mostaghasi, President, GTHH Development, LLC. iAf',Y ANN MARSHEL Off 715866-6 Notary Public STATE OF TEXAS *ly Comm. Exp. 11-10-2023 Notary Pubiic, State of Texas Page 2 of 3 LIENHOLDER: 9st Community Bank Joe In Vi - rl'sident STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the H g day of b1° ; j„ 2020 by Vice President, lst Community Bank Notary Pylic, State of Texas City of Corpus Christi: By: Albert Raymond III, AIA, CBO Director of Development Services STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2021, by Albert Raymond III, Director of Development Services Department, of the City of Corpus Christi, a Texas home -rule municipal corporation; on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2021. Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 IL °CATION MAP] Sources: Esri, HERE, Gar Intermap, INCREMENT P. Esri Japan, METI, Esri Ch Kong), Esri Korea, Esri (T NGCC, (c) OpenStreetMa FM -2444 M d' u // 4 SUBJECT PROPERTY 750 1,500 Fre 4 re Dara Created: 11/90/2020 Prepared1By: JeramyM Department o/Development Services Water Contract Location Map Swan Village Phase One Scale- 1:7,000 Exhibit "A" NV tt�l►� SUBJECT PROPERTY' City of Effsitsi Doc# 2016025037 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Warranty Deed with Vendor's Lien Date: MAY 20, 2016. Grantor: CYPRESS POINT CAPITAL, LLC Grantor's Mailing Address: 14WBar LeDoc Corpus Christi, Texas 78414 Nueces County Grantee: GTHH.DEVELOPMENT, LLC Grantee's Mailing Address: 4833 Saratoga Blvd., PMB 423 Corpus Christi, Texas 78413 Nueces County Consideration: Cash and a note of even date executed by Grantee and payable to the order of Grantor in the principal amount of ONE MILLION EIGHT HUNDRED EIGHTY-SEVEN THOUSAND TWO HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($1,887,265.00). The note is secured by a first and superior vendor's lien and superior title retained in this deed and by a first -lien deed of trust of even date from Grantee to Jordan M. Anderson, trustee. Property (including any improvements): See Exhibit "A". Reservations from and Exceptions to Conveyance and Warranty Liens described as part of the Consideration and any other liens described in this deed as being either assumed or subject to which title is taken; all presently valid existing restrictions, reservations, covenants, conditions, easements, rights-of-way, maintenance charges/assessments and/or liens securing same, mineral leases and royalty and mineral conveyances now outstanding and of record and prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other than conveyances of the surface fee estate, if any in Nueces County, Texas, that affect 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 way belonging, to have and to hold it to Grantee and .Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever Lawfully claiming or to claim the same or any part thereof, when the claim is by, through, or under Grantor unless not otherwise, except as to the Reservations from and Exceptions to Conveyance and Warranty. The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute. Grantee agrees to provide drainage easement, width and location to be determined, if needed to the Grantor's remaining property. Grantee also agrees to provide 30' drainage easement through the natural drainage ditch to property owner to the west. GRANTEE IS TAKING THE PROPERTY IN AN ARM'S LENGTH AGREEMENT BETWEEN THE PARTIES. THE CONSIDERATION WAS .BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR EXPRESS OR IMPLIED WARRANTIES. GRANTEE HAS NOT RELIED ON ANY INFORMATION OTHER THAN GRANTEE'S . INSPECTION. When the context requires, singular nouns and pronouns include the plural. (signature page to follow) STATE OF TEXAS COUNTY OF NUECES Thi 4 nstrument on of CYPRESS POINT CAPITAL, LLC. JULIE M JENSEN Notary ID # 124383198 My Commission Expires October 14, 2018 CYPRESS POINT CAPITAL, L By: GEORGE SHAHEEN, Managing Member was acknowledged before me 2016, by GEORGE SHAHEEN, Managing Member Notary Pu i+, teofTexas My commis ton expires: 1 0, 14-1 i 8 AGREED AND ACCEPTED TO BY GRANTEE: PREPARED IN THE OFFICE OF: ANDERSON2X, PLLC 819.N. Upper Broadway Corpus Christi, Texas 78401 AFTER RECORDING RETURN TO: Bay Area Title Services, LLC 5926 S. Staples, Suite A Corpus Christi, Texas 78413 GF# 08163446 JJ MURRAY BASS, JR., NIXON M. WELSII, P.E,RP.LS. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STATE OF TEXAS § 3054 S. ALAMEDA, ZIP 78404 361 882-5521.. FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com December 29, 2015 15074-M&B-136.019.doc COUNTY OF NUECES § Description of a 136.019 acre tract of land, moreorless, a portion of a 479.363 acre tract described by deed recorded at Document No. 2002012121, Official Records of Nueces County, Texas and is also a portion of the south half of Section 30 and the north half of Section 33, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of said county, said 136.019 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found for the southeast corner of a 122.560 acre tract described by deed recorded at Document No. 2015038326, said official records, said beginning point for the southwest corner of the tract herein described; THENCE along the east boundary line of said 122.560 acre tract N00°48'35"W 5210.06' to a 5/8" iron rod found for the" northwestcorner of the tract herein described and northeast corner of said 122.560 acre tract and being in the south right-of-way line of South Staples Street (FM 2444); THENCE along said south right-of-way line of South Staples Street, being along a line 50.00' south of and parallel to the boundary between the north and south halves of said Section 30, the original center line of said South Staples Street, N89'11'20"'E 460.00' to a 5/8" iron rod set for the easternmost north corner of the tract herein: described, said easternmost north corner of the tract herein described bears S89°11'20"W 3461.78' as measured along said original center line of South Staples Street and S00°48'35"E 50.00' from a 5/8" iron rod found at the intersection of said original center line of South Staples Street and the center line of County Road 41; THENCE S00°48'35"E 1000.00' to a 5/8" iron rod set for interior north central corner ° of the tract herein described; THENCE N89°11'20"E 838.08' to a 5/8" iron rodset for the easternmost north corner or northeast corner of the tract herein described; THENCE S00°48'35"E 4210.05' to a 5/8" iron rod set in the north right-of-way line of County Road 18, a 40' wide road, for thesoutheast corner of the tract herein described, said southeast corner bears N00°50'00"W 20.00' and S89°11'20"W 1300.23' from a 5/8" iron rod found for thesoutheast corner of said 479363 acre tract and southwest corner of a 157.000 acre tract described by deed recorded at Document No. 2012025925, said official public records; THENCE along said north right-of-way line of County Road 18, being along a line 20' north of and parallel to the center line of County Road 18 (the boundary between the north and south halves of said Section 33), S89°11'20"W 1298.08' to the POINT OF BEGINNING. e on M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 Doc# 2016025037 Doc# 2016025037 # Pages 5 06/20/2016 3:19 PM e -Filed & e -Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $27.00 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 ; O COUNTY CLERK NUECES COUNTY TEXAS