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
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ATTEST: OF CORPUS CHRISTI
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Rebecca Huerta
City Secretary
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'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
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This instrument was acknowledged before me on this the
2021, by Beberlyn J Carranza Cristan
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AVIiV ,,�, MICHELLE M. CONTRERAS
I •,tic Notary Public, State of Texas
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LIEN HOLDER: V erans Land Board of the State of Texas
Mark H. cutive Secretary
STATE OF TEXAS
COUNTY OF NUECES
40,\)
'of Texas
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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
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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
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Exhibit "A"
Water Contract Location Map
City Limits
C� Subject Property
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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
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Doc# 2017027430
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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