HomeMy WebLinkAboutC2021-207 - 8/24/2021 - Approved 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
SCANNED
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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.
11
WITNESS OUR HAND thisV' day of MAc , 2021.
OWNERS: Rito M. Cristan Jr& Beberlyn J Carranza Cristan
heW+7"
Rito M Cristan , owner W, Beberlyn J Carranza Cristan, Owner
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this theday of aL ,
2021, by Rito M Cristan Jr
C JAilS
ry Pub Ic, State of exas
``gly:fv MICHELLE M. CONTRERAS
3=° ;, Notary Public,State of Texas
:,-;,?-.Notary
Expires Yes 01'19'2022
',nm, Notary ID 128146950
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This instrument was acknowledged before me on this the day of w"d
2021, by Beberlyn J Carranza Cristan
r.,t,trrq, (111111CAQ e��`,�PqVPUe�� MICHELLE M. CONTRERA$
sjy
Notary Public, State of Texas ary P , ate'of Texas
wrF,• j�+`` Comm Expires 01-19-2022
tta` Notary ID 128146950
LIEN HOLDER: V- erans Land Board of the State of Texas
Mark H. cutive Secretary
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the r1.16Elay of ,
2021, byMark Havens, Executive Secretary, Veterans Land Board of the State Y
/0
„„ ',a Stephanie Crensha�. ` doet1,
o,' e� Notary Public,State of Texas
+ Notary without Bond I ota ublic, State of Texas
Comm.Expires 06/18/2023
NotaryIt)12615172-3
3
City of Corp *' risti: -
I'
ATTEST: \ ' �— Lei '1Lust.
By: REB CCA HUERTA �. '
AI eq J. ':ymond III, AIA, CBO CITY SECRETARY
Direr or, Ievelopment Services ' QL.2S2- AUINUKii.i:►
sY COUNCIL ~
STATE OF TEXAS §
COUNTY OF NUECES § SECRETARY
441
This instrument was acknowledged before me on this P(t day of Alvt ,
2021, by Albert J. Raymond III, AIA, CBO, Director of Development Se ' es, of the City of
Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation.
t�" °Oe ULTRA V PENH qa41\eCOL ,QJ��
s,
i�-�� • Notary ID#126029965
4 414. My Commission Expires ( Notary Public, State of Texas
F OF t� December 6, 2023
APIIISITIMPuroposowegpmep
APPROVED AS TO FORM: I day of u� 'S , 2021.
l fp"wC�'
Buck Brice
Assistant City Attorney
for the City Attorney
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Subject Property
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IJOCIF Z011021430
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
14-1.0
VETERANS LAND BOARD
HIVING 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: 1 700 North Congress Avenue, Austin, Travis County,
Texas
Grantee: Rim M. Cristan JR AND Beberlyn J. Carranza Cristan,
HUSBAND AND WIFE
Grantee's Mailing Address: 6317 North Washam Dr
CorpusChristi 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 with Special Vendors Uen Rev. 2112/13
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 all 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 IMPLIED, AS TO THE QUALITY OR
CONDITION OF THE PROPERTY, MERCHANTABILITY, SUITABILITY'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 LIABLE 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 GRANTEE'S
ACCEPTANCE OF THIS CONVEYANCE. GRANTEE WARRANTS THAT GRANTEE
HAS FULLY INSPECTED THE PROPERTY, IS FULLY SATISFIED WITH THE SAME
IN ALL 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 LIABILITIES 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 Lien 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, sells 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
FFLS Land Warranty Deed rad%Special Vendor's ben Rev. 2/12113
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.
Ve s LangrBprd olihe State of Texas
Bill McLemore Matthew G. Elledge
Assistant Executive Secretary Executive Secretary
W" Legai
STATE OF TEXAS
COUNTY OF TRAVIS
Wore me, the u rsigned authority, en this day personally appeared
tf‘ e tette, of the Veterans Land Board of
the State of Texas, known to me to be the personose 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 '.Yt 201'
Notary P ° , State of Texas
'r.
FFLS taw Wanatey Deed with Special Veneors Lien Rev. 2/12113
te. •••••.,
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lune 25.1991
11.26 Acro
SbesNo.4
STATE OP 7BXAS R � y 14
COUNTY OP NO
1RDMTB DIE3C2.116130N of es 11,16.on,suss Of We.tcaW of iad,bad safe!
Shue Na 4 sad balm a olid iu Yohhea 1+632,Aga 396496 albs Dud Rotordu of
Numb Gaudy,?dug sed blot out albs 99.969 els that of Md }a!to Firm:
L IJsaiky and Aatooir Ann Zan*/by deed menial to Voila*953,Paw 451456
Oda hoed/accede ed'Nwwt Cow%Far;aid 99.969 oaet tram bag out of 9uncy
iso, Maria 9S7 sod Sara"150,Abstract Int sold 11.76 lac unci d hod Wog
mom pudadorly dcstrbed by awn sad boli n Moms:
Casaspsdag: Ata point i tbs saraprful GIP.AL M ' 210.665 co tlw Norsk fol of
mid 99.969 acre ksat of bed br de PON OF 171dI croft the
eloetbanJt moor o[Ibis 1L16 leis tram drat;wbeaos dos Noetbsot
corder of raid 99.969 um tract at bad bora 3171''37'3C B s dAasco
of 517.66 hot Of 79"30'WA, &Memos of 517.66Lau per dad;
nom S Dor 06.lir W44 WM the But flu afro/6 99969 nae boot ofhod,u
30.95 hot pro a W Mao pips fauod ori 161 So thaly right-of-coy of
F IL 1111Priai No.665,is di a dittoes 461933011161 C42:1.n heti
deed)b to W iron pipe band or fro Stubbs bs oW199969 sews traoler
had fix'Nle Beadmut neater edit 11.16 au but ofhai
Thine N BY 54' W, with he llootb Tion of aid 49.969 were toot of
• (t p"5D`W pr dud r1 1116 wee lad N ata 59'W par drat of193119
rates},■Arrow 4173.47 to(1711!0 Gel pr dud)to a 1.3"icon pis -
band Sar tits NhldtsiN unser dart 11.16 an tent Gnash ,r
MUM N 00 06'W,Pad whitb lbs!slat baa of Jaid 99.969 sure Li 273313
!hot pose a 1fP boa lri9wfsaed on do 8arb.b rig16of reay lar or F.k
• )tllmtrwq No,665 ie el a adieu of2714.11 pat(1fl5.60 feet pc dead)
to s polo on hp'North Oral of said 19.969 acres ad in tla*Warta:of
F-14.Di no No.665 for the Northwest caw red*71.14 nee tact
of bad;
•
Time N71"3T3irEt, ti 7r 30'3rBper do*with die Nattbboo ofaid
99.969 sant sad with tbo oaotwIlot of F.Ili 1Bfbo4 No.666,s dhta+rrs
of 1763*feet to lbs POINT Or liStflNJ I O ooaeasabam 1116 apes,
more or lex.of wbkh&2I oars pa 1h3Wa do vI a!-way of P. 14
Rigby/6)014o.665,
MoIllsoismirkie Mat pn7urod fiook wso. l'Intal oa the aloud wader wry uperyiaior ow
n 1901.
th
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EXHfBITA
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
may,c Y eu4 A I--otio
COUNTY CLERK
NUFCES COUNTY TEXAS