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HomeMy WebLinkAbout032529 RES - 08/24/2021Resolution authorizing outside city limits water contract for agricultural use with Rito M. Cristan Jr. & Beberlyn J. Carranza Cristan to provide public water to their property located outside the city limits at 1661 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: The City Council authorizes the City Manager or designee to enter into outside city limits water contract strictly for agricultural use with Rito M. Cristan Jr. & Beberlyn J. Carranza Cristan, property owners of 1661 FM 665 to provide public 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 4tay of,,, 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith A 7,,z_ PYA te' A f? ATTEST: OF CORPUS CHRISTI et-CC/6a, Rebecca Huerta City Secretary ori 4A 40. 'aulette M. Guajardo Mayor 032529 SCANNED CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS FOR STRICTLY AGRICULTURAL USE 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; Whereas, pursuant to Corpus Christi Code 55-112, a covenant running with the land is required to receive water service outside the city limits when land is used only for agricultural use; 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, Rito M. Cristan Jr & Beberlyn J Carranza Cristan (Owners), whose address is 6317 N Washam Dr., Corpus Christi, Texas, 78414, Veterans Land Board of the State of Texas (Lienholder) whose address is 1700 N Congress Ave, Austin, TX 78701-1496 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: 11.16 ACRS being called Share No. 4 and being described in Volume 1632, Page 396-398, Deed Records of Nueces County, Texas and being out of the 99.969 acre tract of land conveyed by deed recorded in Volume 833, Page 451-456, Deed Records of Nueces County, Texas, said 99.969 are tract being out of Survey 154, A-957, and Survey 150, A-1019. II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Section 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Except for structures which are solely agricultural in nature, Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and 1 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. Owner agrees to use said property receiving City water only for agricultural uses hereby defined as meaning cultivating the soil, harvesting crops, raising livestock, or pasture grazing. VI. Owner agrees that such water service shall be terminated and the use of city water on such property shall be discontinued in the event such agricultural use is substantially discontinued for nine (9) months, less the time such property is subjected to a natural disaster, VII. 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. VIII. This Agreement does not become effective until such agreement with covenants has been recorded in the real property records of Nueces County. WITNESS OUR HAND this) a day of /v,A(u , 2021. OWNERS: Rito M. Cristan Jr & Beberlyn J Carranza Cristan Rito M Cristan ,-Owner STATE OF TEXAS COUNTY OF NUECES ddLVL Beberlyn J Carranza Cristan, Owner -141 This instrument was acknowledged before me on this the V day of 2021, by Rito M Cristan Jr try Public, State of exas d 2 This instrument was acknowledged before me on this the 2021, by Beberlyn J Carranza Cristan • A AVIiV ,,�, MICHELLE M. CONTRERAS I •,tic Notary Public, State of Texas ;V_ 06V•Z;Z:$ Comm. Expires 01.19-2022 a„r,r,r' Notary ID 128148950 Qi)tUt ary Pub `c,'S1°at IrN day of LIEN HOLDER: V erans Land Board of the State of Texas Mark H. cutive Secretary STATE OF TEXAS COUNTY OF NUECES 40,\) 'of Texas /4,K c? This instrument was acknowledged before me on this the 171day of 2021, by Mark Havens, Executive Secretary, Veterans Land Board of the State d9 Texas lephanic Cren haw• 41!a, r,;l,I:c. sCtic r,..)> ,:nnoul Howl .1� , ..n:m�1[�n,,;; day I n;'l' �.,.� :vr �u9 �:•it:®i+m• ^'F� r • ya • • �r-us-aa r -a e 1 otar 7 - ublic, State of Texas 3 City of Corpus Christi: By: Albert J. Raymond III, AIA, CBO Director, Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 2021, by Albert J. Raymond 111, AIA, CBO, Director of Development Services, 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 4 1661 FMRD665 CR -30. (I I 1 // V 1 CR 26A —~`rr `r -�rl CLARKWOOD 0 500 1,000 2.000 Feet Exhibit "A" Water Contract Location Map City Limits C� Subject Property Coo Creaad: 3i412O21 PT pare d 8y: Rey R Capar= sun of oevelopmenr SeJV1cas Pro/scald Cavan re Sys 1410: Ma12_ IA93_So?Plane_ i ex as_SOL'81_FIPS_42O5_Fe9r Pr0)e-ion: Lambert ConfOlmdl_Conic am ACR 32 a gOki? ---- CR I 30 I��__ GR Site 30 lilIiI U ` t ff. : '32 L fy7s ' cR.28.4 4EIMAIN..—.. 11 .. ter =MG 1� . KN uue= ESIK-(PV lj ' CR28 _" 1 1 I! 1 Exhibit "A" Water Contract Location Map City Limits C� Subject Property Coo Creaad: 3i412O21 PT pare d 8y: Rey R Capar= sun of oevelopmenr SeJV1cas Pro/scald Cavan re Sys 1410: Ma12_ IA93_So?Plane_ i ex as_SOL'81_FIPS_42O5_Fe9r Pr0)e-ion: Lambert ConfOlmdl_Conic Doc# 2017027430 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY 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 DRIVERS LICE NSE NUMBER TEXAS VETERANS LAND BOARD LAND MORTGAGE PROGRAM VETERANS LAND BOARD SERVING TEXAS VETERANS FORFEITED/FORECLOSED LAND SALE SPECIAL WARRANTY DEED WITH VENDORS LIEN Date: 06/20/2017 Grantor: VETERANS LAND BOARD OF THE STATE OF TEXAS Grantor's Mailing Address: 1700 North Congress Avenue, Austin, Travis County, Texas Grantee: Rito M. Cristan JR AND Beberlyn J. Carranza Cristan, HUSBAND AND WIFE Grantee's Mailing Address: 6317 North Washam Dr Corpus Christi TX 78414 Consideration: Ten Dollars and other valuable consideration to the undersigned in hand paid by the Grantee, the receipt of which is acknowledged, and the further consideration of the execution and delivery to Grantor of that certain promissory note of even date in the principal amount of 57,950.00 the payment of which note is secured by a vendor's lien retained in favor of the Veterans Land Board of the State of Texas In this deed and by a Deed of Trust of even date from Grantee to George P. Bush, Trustee. The receipt of the consideration is hereby acknowledged and confessed. Property (Including any improvements): 11.16 acres being called Share No. 4 and being described in Volume 1632, Page 396-398, Deed Records of Nueces County, Texas, and being out the 99.969 acre tract of land conveyed by deed recorded in Volume 833, Page 451-456, Deed Records of Nueces County, Texas, said 99.969 acre tract being out of Survey 154, A-957, and Survey 150, A- 1019. Said tract of land is more particularly described in Exhibit "A" which is attached hereto and made a part hereof for all purposes. FFLS Land Warranty Deed *eh Spacial Vi odo. s Um Rev. 2/12113 Reservations from and Exceptions to Conveyance and Warranty: N/A All easements and rights of way that affect the property, whether of record or not, and alt mineral leases, reservations or conveyances, restrictions or restrictive covenants, and other recorded instruments that affect the property, other than liens or conveyances, and all taxes, the payments of which are no longer the responsibility of the Grantor. GRANTOR CONVEYS THE PROPERTY TO GRANTEE 'AS IS, WHERE IS' AND WITH ANY AND ALL FAULTS.' GRANTOR MAKES NO REPRESENTATIONS OR WARRANTY WHATSOEVER, EXPRESS OR IMPUED, AS TO THE QUALITY OR CONDITION OF THE PROPERTY, MERCHANTABILITY, SUITABIUTY' OR FITNESS OF THE PROPERTY FOR ANY USE WHATSOEVER, KNOWN OR UNKNOWN TO GRANTOR, OR COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE. IN NO EVENT SHALL GRANTOR BE RESPONSIBLE OR UABLE FOR LATENT OR PATENT DEFECTS OR FAULTS, IF ANY, IN THE PROPERTY, OR FOR REMEDYING OR REPAIRING THE SAME INCLUDING, WITHOUT LIMITATION, DEFECTS RELATED TO ASBESTOS OR ASBESTOS CONTAINING MATERIALS, UNDERGROUND STORAGE TANKS OR HAZARDOUS OR TOXIC MATERIALS, CHEMICALS OR WASTE, OR FOR CONSTRUCTING OR REPAIRING ANY STREETS, UTILITIES OR OTHER IMPROVEMENTS SHOWN ON ANY PLAT OF THE PROPERTY. BY GRANTEES ACCEPTANCE OF THIS CONVEYANCE, GRANTEE WARRANTS THAT GRANTEE HAS FULLY INSPECTED THE PROPERTY, IS FULLY SATISFIED WITH THE SAME IN AU. RESPECTS AS IS, WHERE IS, WITH ANY AND ALL FAULTS,' AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF GRANTOR. GRANTEE, BY ITS ACCEPTANCE OF THIS DEED, ACCEPTS ANY UABIUTIES OR COSTS IN CONNECTION WITH THE CONDITION OF THE PROPERTY, INCLUDING BUT NOT UMITED TO ANY COSTS OR LIABILITIES PERTAINING TO ANY ENVIRONMENTAL CONDITION ON THE PROPERTY. Additional Reservations: It is agreed and understood that in the event that a patented survey, of which the above described tract of land is a part, contains excess acreage, or that unsurveyed school land is contained within the boundaries of the above described tract of land, said Board by the execution of this deed does not purport to grant or convey any right, title, or interest In and to such excess acreage or unsurveyed school land. IT IS AGREED that the Veterans Land Board of the State of Texas, at Grantee's request, has financed that portion of the purchase price of the property that is evidenced by the note described above. The Vendor's Uen and superior title to the property are retained for the benefit of the Veterans Land Board of the State of Texas. Grantor, for the stated consideration, grants, segs and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging, TO HAVE AND TO HOLD the above described premises, unto the said Grantee, Grantee's heirs, administrator, successors and assigns forever; and Grantor, to the extent allowed by law, does hereby bind itself, its successors and assigns to FFts Land wanarry oem vMN Special vendors Len Rev. 2117/13 WARRANT AND FOREVER DEFEND, all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. by through and under Grantor but not otherwise, subject to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. a She State of Texas £/C r oror Bill McLemore Assistant Executive Secretary STATE OF TEXAS COUNTY OF TRAVIS Matthew G. Elledge Executive Secretary ore me, the and rsig ed uthority,this day personally appeared j041‘ CC\c1-on'are ri ivy W of the Veterans Land Board of the State of Texas, known to me to be the person ose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein stated. Given under my hand and seal of office, this the 21 day of 'Tune FFLS Land Wana ty teed with Special Vendors Lien Rev. 212/13 20 P 4-- Notary Notary Public, State of Texas SZA1H 01' TBXAs COLINTYaPNU :26 7twe21, 1991 11.16 Acne 86sealfo. 4 Radial 1.1y 14 EttuaKJTf DB]c1R7](8r ad m 11.36 ore mote or h, haat of Ire, wag ealed Shoo No. 4 ad described bdej iVahan 1632, 2t632396.391 Ned of tbs ed Record. of Amos 1. Zaheity Carty, pot d d the 99.969 sere too of leastir/ to Freak ydusy by deed recorded is Noires. 114 Pages 431-136 oftlt'Dyad beads enflames County. Two said 99.969 Dan toot heal tee. d1Snivel 154, Meow t 957 sed Suomi 150, Abdmat 1019; said 1116 acre tact of hod Whig awn p tiodr)y doorbd y mew sad boob ro Mows: Coeea.eoag At a point o the esuariew of P. XL H1idnoy 14... 663 orb w North foe of riot 99.969 .aa heel of hood for the POINT 09 1519:1Ra1p4Q, the Northeast corer o[tbl. 1L16 acre tract of heal; *halm the Worthiest Door of old 99.969 ore east of bed Nene N 7V 77' 30' $ a diehoce of 517.66 bet (K 711'36' 30.11;. dietaries of317.66kat pr deet); Throe S 00' 06' 8, psreid with tis Bet its of add 99.969 eau tied dlaad, at 3091 Ilst pus . ]d boo pip hued et the floOherly tedoe,y of F. A[ 13Werray No. 663, la .9 a Calms 2119.30.119et (3$2,37 fed o�rr; deed) b a W hoe pip land oe Des Sotah 6s dead 9990 acre trap$t bed ferIke ilealbestour eflisU.16st.trayafbsd; Thew 14 19' 34' W arias qct Spade ion of slid 99.969 we tree of 14 Of 1r 50' W per did of 11.16 one ao4N sr 5, W per dud 0119. 3119 sores), . dhows of 173.47 fee (175.+0 feat par dad) to 19" ilea pips food Orr the 8oeebwidcenser ofIbis 11.16 sora tractoflink tai, Ibeoe: N 00' 06' W. psnilel widt the last lino d aid 99.969 ars., .t 2733J3 fed saw a 4d" hoe pip trued ea ds dadbe,i, rigfe.o(«.y yae of F. 3L 1118hnwy No. 663, i..1 a demo of 2764.11 feet 071160Iet per 6.01) * pod* on the North los of arid 99.969 saes sad in the osrdal to of P. 94. Deem No. 665 for the lr.rthtaset causer of.hart 11.16 ave tract Thom: N 7r 77' s0' 8. 04 7r 30' 30' 8 par dui) with the Nati hes of aid 99.969 Dai ed with the aata4.s of EX 30 bwq No. 646, $ &taa.e of 176.0 feet to the P0191 a! ROCIINNING, aceraialas 11.16 ecru, sore at has, of which 011 sen 0u edible ba '1#1.01 -wry of P. U. flyway No. 665. This deeaipdoo was prepared from a *array ode ea the (rood ..der Dry monition to Ione tS, 1991. 7Vty I FSitras, RPL9112041 EXHIBITA Doc# 2017027430 Doc# 2017027430 # Pages 5 06/27/2017 12:52PM 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 COUNVI CLERK NUECES COUNTY TEXAS