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:
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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"
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41617'
1.20 Ac.'
Tract 5
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403.55'
1.00 Ac.
Tract 4
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1.00 Ac. �
Tract 2 ®
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403.55'
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5.00 ACRES
SOUTH 5,00 Acres
Of 10.20 Acre Tract
403.55'
5.40 Ac.
Doc. No. 1996011346
1 199.80'
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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
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My Comm. Expires 10-07-2022
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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
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12. ANY STORM WATER DRAINAGE TO FM665 PMD FM763 TO BE REVIEWED AND APPROVED BY
EL CABALLO SUBDIVISION
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