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HomeMy WebLinkAboutC2021-077 - 1/12/2021 - Approved 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, 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: 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: 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 SCANNED 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 Ig day of Qec ('x-/ , 2020. OWNER: GTHH Development, LLC. .‘"*. Hossein Mostaghasi, President STATE OF TEXAS § COUNTYOFNUECES § This instrument was acknowledged before me on this the I day of DSS, h^bt ✓ , 2020, by Hossein Mostaghasi, President, GTHH Development, LLC. I :<: .";;7;k....";;7;k.. r/iARY ANN MARSHEL ► yn iri# 7158666 ► '• : Notary Public /Y^: , VIN k.Y-� ,'O` 4 'N' • '. STATE OF TEXAS ► ' , My ► .,,,., " Comm. Exp. 11-10-2023 Notary Pu c, State of Texas �r.r. Page 2 of 3 LIENHOLDER: 1st Community Bank 4 'P�e••;, MARY ANN MARSHEL Joe In,le, Vi •! sident a }°/��: ID# 715866-6 yk Notary Public N9rFo�. �P'` STATE OF TEXAS My Comm. Exp. 11-10-2023 > STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the I day of bt Wl/jlz✓ 2020 by Vice President, 1st Community Bank tih-rr•M hiCtrg OAA,K YYIct v5 4 NotaryPeklic, State of Texas City of Corpus,. ATTEST: ' if/ l i It RE: CCA HUERTA ILIAI CITY SECRETARY By: Art Ray and III, AIA, CBO Dire or of Development Services (1a___ l num,.. ,Y cowsciL I —1 a-foal STATE OF TEXAS 1\ § n COUNTY OF NUECES § 411g SECRETARv 6b This instrument was acknowledged before me on this day of 1-G(1'�,ik -� 2021, by Albert Raymond III, Director of Development Services Department, of (fie City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. C'aY°�, 1(1--)40 ULTRA V PENH , OV c)411 :��' a # 9 �o�>���� My NotCorymmissionlD126029 Expire65s I Notary Public, State of Texas For December 6,2023 APPROVED AS TO FORM: ( � day of 110-1 c' ' `> , 2021. etLV Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 W N FM-2444 —�� - 0 � Oc a. 4 cc SUBJECT PROPERTY m U Dare Goatod:11130/2020 0 750 1,500 Prepared:By,J.r.myM .Fee. Depanm.nr of Developm.nt S.Mus Water Contract Location Map • •- •'4. • Swan Village SUBJECT PROPERTY Phase One , .t. Scale- 1:7,000 Sources:Esri,HERE,Gar H' r Intermap,INCREMENT P. ;, Exhibit "A" ,��Ws/// Esri Japan,METI,Esri Ch City of Kong),Esri Korea,Esri(T �� LOCATION MAP NGCC,(c)OpenStreetMa Chi st1 Nueces County Kara Sands Nueces County Clerk 'VG-61-2021-2021003260* Instrument Number: 2021003260 Official Public Records CONTRACT Recorded On: January 21, 2021 11:32 AM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $33.00 STATE OF TEXAS oJNTY CpU9�1� Nueces County *4 I hereby certify that this Instrument was filed in the File Number sequence on the date/time % jc �„,i printed hereon, and was duly recorded in the Official Records of Nueces County,Texas ,If����eF Nu-64: Kara Sands G "`. Nueces County Clerk0-A-0— 5.-Airs-oL--) Nueces County, TX ***********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: 2021003260 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20210121000089 2406 LEOPARD STREET Recorded Date/Time: January 21, 2021 11:32 AM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK04