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HomeMy WebLinkAboutC2021-089 - 2/9/2021 - 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, B&A Terra Firma Development, LLC (Owner), whose address 31 E. Bar Le Doc., Corpus Christi, Texas 78414, 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 5, Block 4 Nottingham Acres Unit 2, also commonly known by its street address as 2374 Loxley 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. 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. WITNESS OUR HAND this `f day of f=ch , 2021. OWNER: B&A -rra Firma De elopment, LLC ../4I Amir AmirZargh..ni, P•-side STATE OF TEXAS/ § COUNTY OF NUECES § This instrument was acknowledged before me on this the'1 •. • . ft., • . 2021, by Amir Zarghooni, President, B&A Terra Firma D- - opment, LLC • -1/0111,k,,,,/ eAfiHNl�INE RHILBRIeK ( Nota Public,State of Texas +v�JF My yommission Ex• JARYY02,202'r6t Publ • - •. "" NOT ID 216971-7 ry City of Corpus hr By: I 4 I ')'' • I7 rt i. Ray and III, AIA, CBO Direct•r of Development Services STATE OF TEXAS § COUNTY OF NUECES § a This instrument was acknowledged before me on this ` day of t cutuZ 2021, by Albert J. Raymond III, AIA, CBO, Director of Development Services Depa ent, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. i•0.`°�e ULTRA V PENA , 4+,4 / V < �147 Notary ID#126029965 I Notary Public, State of Texas r•'��I My Commission Expires e."7-o- December 6, 2023 APPROVED AS TO FORM: r day of y b" , 2021. L Buck Brice Assistant City Attorney for the City Attorney — LY-3_ I L_ l I V� —Ci—'=-§1 ,f.Li------ 6,) 1� � 03LfQ .a'J— a - - - l41/ /1 / 1—)-1 _FM43- / FM_43 Nottingham Acres Unit 2 -- — I_ tliti >- Block 4, Lot 5 ,m= LHYDE:PARK—w IIv, li ,,,IL -- -_L—A= TITITTM II — a L1 _4 il ,_ ix 0 4I0 - C 7:: . . CR-22 I 1--- 0 J0 500 1,000 2,000 u Feet Exhibit "A" = - - , r,,_ 28' .... -IIIT I' , i+I t CR 26 ti if n i - ■0 ....LL - Water Contract Location Map a `* e i°° City Limits . .I 2 • 1�o� ISI > Subject Property _a n.,l Y In re i Dafe Created:V1312021 .e V �_ a ss j Prepared By:ReyR 1 Depart rn ent of Development Services Projected Coordinate System.?IAD_1987_State?lane Toxas_SoutfrfPS 4205 Feet Projection.Lambert Con formal_Conic Nueces County Kara Sands Nueces County Clerk 'V G-61-2021-2021007163' Instrument Number: 2021007163 Official Public Records CONTRACT Recorded On: February 11, 2021 02:26 PM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $33.00 _%%%%%%%y STATE OF TEXAS �p�N1Y C00 1 Nueces County * .k �, ��� I hereby certify that this Instrument was filed in the File Number sequence on the date/time � printed hereon, and was duly recorded in the Official Records of Nueces County, Texas `t sF Nuti�`�S~ Kara Sands Nue0-`3=F Nueces County Clerk *RA0-- c5-0,"QQa) 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: 2021007163 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20210211000132 2406 LEOPARD STREET Recorded Date/Time: February 11, 2021 02:26 PM User: Margarita S CORPUS CHRISTI TX 78408 Station: CLERK01