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HomeMy WebLinkAbout032415 RES - 04/20/2021Resolution authorizing outside city limits water contract with Ruben Perez and Belinda Perez to provide public water to their property located outside the city limits described as Lots 1 and 2, Block 1, El Caballo Subdivision, also commonly known by its street addresses as 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), located nearest City Council District 3, 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(s) of Lots 1 and 2, Block 1, El Caballo Subdivision, also commonly known by its street addresses as 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), 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 -O0 day of Av;\ , 2021: Paulette M. Guajardo )61`)K__ Roland Barrera 14/'Q-bt n Gil Hernandez Michael Hunter Billy Lerma �� Q John Martinez y' - Ben Molina " TAI??A_ Mike Pusley Greg Smith ckS ATTEST: ?c--kca- Re5ecca Huerta City Secretary Vg/14.1-k- 032135 Y OF CORPUS CHRISTI Paulette M. Guajardo Mayor 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 CONTRACT AND AGREEMENT made and entered into an original by and between, Ruben Perez and Belinda Perez (Owners), whose address 1018 23rd Street, Corpus Christi, Texas 78405, 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 1 and 2, Block 1, El Cabello Subdivision, also commonly known by their street addresses as 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), 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 Z S day of M c , 2021. OWNER: Ruben Perez and Belinda Perez Ruben •erez, Owner Belinda Perez, Owner STATE OF TEXAS COUNTY OF NUECES § § t•h I This instrument was acknowledged before me on this the p,5 day of YYl -rc_i-) 2021, by Ruben Perez, Owner i ! V' C�JYt/YI�i f r l? Nota Public, State of Texas s""1"10 i CRYSTAL MCCORMICK S=o, eA: Notary Public, State of Texas _�;,•',= Comm. Expires 06-14-2022 'aF, ;'w" Notary ID 125722093 ��u This instrument was acknowledged before me on this the opt,' day of ►'}ile-Ler'i1 2021, by Belinda Perez, Owner Nota' Public, State of Texas CRYSTAL MCCORMICK __Notary Public. State of Texas Comm Expires 06.14.2022 Notary ID 125722093 r City of Corpus Christi: By: Albert J. 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 J. Raymond III, AIA, CBO, 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 i CR 32 El Caballo Subdivision Block 1 Lots 1 & 2 c-rc ,� 6R `- / 0 500 1,000 2,000 Feet Exhibit "A" N Water Contract Location Map City Limits Subject Property Date Created: 3/24/20. Prepared By: Rel Department of Development Servlc. Projected Coordinate System: NAD_1983_StatePlane_Texas_South_F/PS_4205_Fe Projection: Lambert_Conformal_Con Doc# 2016044213 Warranty Deed with Vendor's Lien 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. Effective Date: July 1, 2016 Grantor: Alfredo R. Sanchez and Sarah M. Sanchez, husband and wife Grantor's Mailing Address: P. O. Box 5623, Corpus Christi, Nueces County, Texas 78465 Grantee: Ruben Perez and Belinda Perez Grantee's Mailing Address: l UE g 23"15�• Chi 3 jT '. 7C'.5 Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including a note of even date executed by Grantee and payable to the order of Grantor in the principal amount of Thirty Thousand Four Hundred Forty -Six and no/100 Dollars ($30,446.00). 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 Mark B. Gilbreath, Trustee. Property (including any improvements): THE SURFACE ESTATE ONLY of a 1.20 acre, more or less, tract of land, being part of a I41.418 acre tract (by survey found to contain 140.332 acres) conveyed from Ernest M. Poenisch, Jr. and Cecil E. Burney, Co -Trustees under the Last Will and Testament of Della Isensee Poenisch, to Donald L. Poenisch, et al, by Trustee Deed, dated November 9, 1984, and recorded in Volume 1941, Page 992-994 of the Deed Records of Nueces County, Texas; said 1.20 acre tract of land being out of Lot 4 of the Bishop and Blocker Subdivision of Section VI, Range 3 of the H. L. Kinney Sectionalized Lands, as shown by map recorded in Volume A, Page 52 of the Map Records of Nueces County, Texas; said 1.20 acre tract of land is comprised of a portion of the "Rincon Del Oso" Enriquez Villareal Survey, Abstract 1, and is situated in Nueces County, Texas, approximately 1 mile Southwest of the Corporate City Limits of Corpus Christi on F. M. Highway No. 665 (Old Brownsville Road) and F. M. Highway No. 763, said 1.20 acre tract also being out of a 10.20 acre tract conveyed to Alfredo Sanchez in deed recorded under Document No. 1996029152, Official Public Records, Nueces County, Texas; said 1.20 acre tract of land being more particularly described by metes and bounds in the instrument marked Exhibit "A" and also shown as "Tract 5" on the plat marked Exhibit "B" attached hereto and made a part hereof. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: 1. All presently recorded and validly existing easements, restrictions, reservations, covenants, conditions, oil and gas leases; 2. Mineral interests, and water interests outstanding in persons other than Grantor; 3. Validly existing rights of adjoining owners in any walls and fences situated on a common boundary; 4. Any discrepancies, conflicts, or shortages in area or boundary lines; 5. Any encroachments or overlapping of improvements; 6. Taxes for 2004, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes; 7. Any matters created, permitted or suffered by Grantee after the date of the Contract for Deed referenced below. Grantor is executing this deed and Grantee is accepting same pursuant to the full and complete fulfillment of all terms and conditions of that one certain Contract for Deed dated March 2004, executed by and between Grantor and Grantee. Grantor and Grantee mutually acknowledge that both parties have complied with all the terms and conditions of the Contract for Deed and this deed is being given in consummation of said contract. Grantor and Grantee mutually release each other of any claims or causes of action arising from their actions or failure to act including any failure on the part of Grantor or Grantee to comply with any laws concerning executory contracts. Grantor and Grantee agree that in the event of any conflict between the terms and conditions of the Contract for Deed and this Deed, this Deed shall in all events control. Grantor, for the Consideration and subject to the Reservations from Conveyance and the 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, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 2 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. GRANTOR IS CONVEYING AND GRANTEE IS ACCEPTING THE PROPERTY "AS IS", IN ITS PRESENT CONDITION. When the context requires, singular nouns and pronouns include the plural. Sarah M. Sanchez AGREED • AND CCEPTED BY: / Rube Pere Belinda Perez STATE OF TEXAS COUNTY OF Nt.te,ee4 This instrument was acknowledged before me on Alfredo R. Sanchez and Sarah M. Sanchez. 04th tiV, LISA O. HOELSCHER My Notary 1D # 124771309 Expires July 3, 2020 20 1 Scptei € t 2t/ by Notary Public, State of Texas My commission expires: . 2c — D STATE OF TEXAS COUNTY OF 1,1tt e Ce S This instrument was acknowledged before me on Ruben Perez and Belinda Perez. "‘V:e�•,HOELSCHER fi LISA D. HOELSC �"•+ My Notary ID # 124771309 . p • Expires July 3, 2020 ai3rd Se fitun bpi 2t3 If by to, fic,RkeiL_, Notary Public, State of Texas My commission expires; 'Tutu drat) 3 AFTER RECORDING RETURN TO: NICOLAS, MORRIS, GILBREATH & SMITH, L.L.P. 5306 Holly Rd, Ste. A Corpus Christi, Texas 78413 7/15/2016m:1oslranchez alfred-sarahlgutierrez-perezlwdv.docx:sam PREPARED INTtit LAW OFFICE OF: NICOLAS, MORRIS, GILBREATH & SMITH, L.L.P. 5306 Holly Rd, Ste. A Corpus Christi, Texas 78411 4 EXHIBIT "A" STATE OF TEXAS COUNTY OF NOBCBS Fobrmry I3, 2004 Tract 5,120 Acre FIBLDNOTE DESCRIPTION of a 1.20 awe, more or lass, tract of land, being pmt of a 141.418 acro pact (by survey found to contain 140.332 acres) convoyed from &nest bL Poeniach, Ir. and Cecil E. Burney, Co -T uatoea under the Last Will and Testament of Deli Isensea.Poeaiscb, to • Donald L. Poenisch, et al, by Trod= Deed, dated November 9, 1984, and recorded in Vohmne 1941, Page 992-994 of the Deed Records of Nursers County, Texas; said 1.20 acro tract ad' lend being out of Lot 4 of the Bishop and Block= Subdivision of Seaton VI, Range 3 of the H L. Kinney Sectionalised Lands, as shown by map recorded in Volume A, Page 52 of the Map Records of Nuecos County, Terns; said 1.20 sore pact of land is comprised of a pardon of Seo "Rinccm Doi Oso" Enriquez Villareal Survey, Abstract 1, and is situated in Nueces County, Teras, approximately 1 mrlo Southwest of the Corporate City limits of Corpus Clariabi on P. M. Highway No. 665 (Old Brownsville Road) and F.M. BIghpayNo. 763, said 1.20 ams snot also being out of a 10.20 acro tract convoyed to Alfredo Sanchez in deed recorded under Document No. 1996029152, Official Public Records, Names County, Teams; said 120 acre tract of land being more particularly described by mates and bounds =tallow Commencing: At a 518" iron rod set on the But rightof.way lino of F. M. Highway No. 763 and cm the West line of said 10.20 acre tract of land for the POINT OF BEOI NNINO; the Southwest corner of this 1.20 acne tract of land; whence a 5/8" icon sod found for the Southwest Domer of said 10.20 acre tract of load bears S 00" 54' 00" B, a distance of971.52 feet; Thence: N 00° 54' 04" W, with, the East right-of-way line of F. M Bighway No. 763, sod with the West line of said 10.20 acre Mud, a diatanca of 79.95 foot to a 5/8" Iron rod found at the intersection on the Bast right-of-way line of F. M. Highway No. 763 and the South right-of-way line oil?. M. 13ighway No. 665 for the Northwest comer of said 140332 acre tract of laid and the Northwest corner of said 1020 acre tract of land for the Ninthwost comer of this 1.20 acro tract of land; Thence): N 74° 57.00" B, with the South right-of-way line of F. M. Brghway No. 665 and with the North line of said 140.332 acre tract of land, e. distance of 416.17 feet to a 5/8" iron rod found for the Northwest corner of a 5.40 acre tract described in deed recorded under Document No. 1996011346, Off:mini Public Records, Nuecea County, Texas, for the Northenst comer of said 1020 wan toot of land for the Nentheast corner of this 1.20 aro tract of land; whence a railioad spike found in the East lino of Lot 3 of said Bishop and Blocker Subdivision bears N 74° 57' 00" B, a distance of 1761.84 feet Thence: S 00° 54' 00" E, with the Woat lino of amid 5.40 acre treat and with the Bast lino of said 10.20 acre tract, parallol with the East right-of-way lino of F. M. Highway No. 763, a distance of 179.12 feet in a 5/8" iron rod sot for the Soathoast corner of this 120 acre tract of land; Thence: S 88° 44' 10" W, with Ilan North line of aald 5.00 acro tract, a dismaco of 403.55 feet:,to tho POINT OF BEGINNING, containing 120 arae of land, more or lass. BIsbl_5AC T1act5 EXHIBIT "B" CD r 0 z Z O N° • �6 ad M1G�� �� svil�e R° •�01d Br°w� 41617' 1.20 Ac.' Tract 5 0) 0 403.55' 1.00 Ac. Tract 4 0i 0 0 Tra 0 0 Ac3 rn 0 0 07 07 0 0 1.00 Ac. � Tract 2 ® O 1.00.1 CL) 1 0 403.55' 0 0 O CN, N 0) 0) 5.00 ACRES SOUTH 5,00 Acres Of 10.20 Acre Tract 403.55' 5.40 Ac. Doc. No. 1996011346 1 199.80' c 200.00'/ 88° 44' 10" E • Doc# 2016044213 Doc# 2016044213 # Pages 7 10/19/2016 4:29PM e -Filed & e -Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $35.00 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 4,o COUNTY CLERK NUECES COUNTY TEXAS RELEASE OF LIEN Date: June 24, 2020 Note: Original Date: October 19, 2016 Original Amount: $ 22,834.50 Maker: Payee: Holder of Note and Lien: Ruben Perez and Belinda Perez First State Bank of Odem First State Bank of Odem P. O. Box 726 Odem, Texas 78370 Note and Lien Are Described in the Following: Note Secured by Deed of Trust dated October 19, 2016 and recorded on October 20, 2016 in Nueces County Clerk's Doc #2016044314, of the Official Public Records of Nueces County, Texas. Property (including any improvements) Subject to Lien: (a) See Exhibit "A" here to attached: (b) All rights, privileges, hereditaments and appurtenances now or hereafter in any way incident to or pertaining to the Premises; (c) All right, title and interest of Grantor in and to all streets, roads and public places, opened or proposed, and all easements and rights-of-way, public or private, now or hereafter used in connection with the Premises; and (d) All fixtures, improvements, materials, supplies, equipment, systems, apparatus, and other items now owned or hereafter acquired by Grantor and now or hereafter attached to, installed in, or used in connection with (temporarily or permanently) the Premises or any improvements thereto, together with all accessions, appurtenances, replacements, betterments, and substitutions for any of the foregoing and the proceeds thereof. Holder of the note acknowledges its payment and releases the property from the lien. FIRST STATE BANK OF ODEM IliBy: Jimmy' asche`•—` Its: Vice President THE STATE OF TEXAS COUNTY OF J This instrument was acknowl dged before me on J 6 Z al 20 20 by 3'i -LLi.. r pas a- , V tl�.r pre s idelvt of P4 -f- S{ 3.1.4-bfr 0 CARLA SAYLORS NOTARY FUSUC STATE OF TEXAS ID$1243572e.7 My Comm. Expires 10-07-2022 Notary P fT exs Pub 'c State o 0 z w vol (,q Pq i►u lL HR gpe 911 a�� � s°eo tiV iii BCW➢ \ 0 m t=A 1.11 Cr va0 O O m < Z =of C/1 6. PUBLIC WATER PROVIDED BY THE CITY OF CORPUS CHRISTI. WATER SERVICE AGREEMENT REQUIRED. 7. SEPTIC SYSTEM SHALL BE APPROVED BY THE CITY/COUNTY HEALTH DEPART B. NO MORE THAN ONE SINGLE FAMILY DWEUJNC ALLOWED PER LOT 001091'03'4 107.95'1 190091'03'V 107.95') .1-1-1114Y 763 80' PUBLIC R•O-W 0 5 X 0 X 12. ANY STORM WATER DRAINAGE TO FM665 PMD FM763 TO BE REVIEWED AND APPROVED BY EL CABALLO SUBDIVISION z 0 O C2; O N Um m1n i_ 0 . < W 0>- w l - co coo2wmOo oaN%0Oo < NZaZU W ✓ r J CD O— W LL WI_ LIm• NfnWZ`t Opo ci mc)u. 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