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HomeMy WebLinkAboutC2021-286 - 11/2/2021 - NASTANDARD 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, Stella Maris Custom Home Builders, LLC (Owner), whose address 2001 Great Falls Dr. Corpus Christi, TX 78415, Prosperity Bank (Lienholder) whose address is 4115 South Staples, Corpus Christi, TX 78411 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 2, Block 2, The Promenade, also commonly known by its street address as 2001 Great Falls Dr., 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. Page 1 of 3 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=1 day of f.&Ar✓� .2021. OWNER: Stella Maris Custom Home Builders, LLC Adrian Hernandez -President STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the a I day of 2021, by Adrian Hernandez NIQUE PINEDA# EM 13092088-7Notary PublicTATE OF TEXASmm. Exp. 12-05-2024 LIENHOLDER: Prosperity Bank J�Senior Vice President STATE OF TEXAS § COUNTY OF NUECES Notary Public, State of Texas This instrument was acknowledged before me on this the � day of (2CiD%'1V- 2021, by Jim Pickett. oll4oaTP.�a°- BIANCA M CALDERON 'o - lic, State of Texas _:; •� Notary Public, State of Texas H,;• `:o Comm, Expires 08.10.2024 60E1,' Notary ID 13261506-2 Page 2 of 3 sr•Tt �f'�'�. "t� ? L - i "�i <• •..•• � .. t D. - - 't t t � i.k,.>,.. ,. - � •- r y ta,.. � • "'� �"'. t - �, ,a t .. "tames »•� "`s',� r'r.....::zt�..j - _ .. - . _,�,_.; a•_.:,,• . -..... _ . ,,,, .ti., Iri4��C�J•4J N1 AJ'�A�� •,��' �� - `.,ovq.'y<<1 :lot w-•�`��'�C•�''T�",y?.:.aye.•�;;,.;=r='w�*�^`�«:r`�:ssav::� City of Cor hristi: ATTEST: By: By: Albqft J. aymond, AIA, CBO Rebecca Huerta r c Ditor f Development Services City Secretary STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 2021, by Albert J. Raymond, Director of Development Services Department, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. 'vvc-rE WALLAj Notery Public, State N aUb IC, State of Texas xpiieaU641Notary ID 13325,n / APPROVED AS TO FORM: day of K'Vev-1+ ��� 2021. Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 i i I , v THE PROMENADE�,j - BLOCK 2 LOT 2 y� i J U. HYACINTH rY � -(n 4 FM.2 I I I I I V i 0 500 1,000 2,000 Feet P�q( 411, CR 22 YORkr Fs uJ— = Site CR 20A °S q a V LQ � 7 e y BARNARD = PM 2444 I M Z O 'n CR 18 Exhibit An + - Water Contract Location Map City Limits Subject Property Date Created: 1 N2=l Department Of Development Serv(cea PmJacted Coordinate System: NAD_1983SOI.Plane_Texas SoutM1 FIPS 4205_Feet Pm)eodo, Lambed Con/ormal_Coolc Nueces County IGIn�'11U0��10111111 NuKara Sands eces County Clerk Instrument Number: 2021058183 Official Public Records CONTRACT Recorded On: November 03, 2021 04:35 PM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $33.00 STATE OF TEXAS Nueces County 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 Kara Sands Nueces County Clerk Nueces County, TX i f W *********** 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: Document Number: Receipt Number: Recorded Date/Time: User: Station: 2021058183 20211103000208 November 03, 2021 04:35 PM Randall N CLERK02 Record and Return To: DEVELOPMENT SERVICES CITY OF CC 2406 LEOPARD STREET CORPUS CHRISTI TX 78408