HomeMy WebLinkAboutC2020-303 - 9/17/2020 - 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 LKM
Homes Inc. (Owner), whose address P.O. Box 270245 Corpus Christi Texas, 78427, Charter
Bank (Lienholder)whose address is 4002 Saratoga Boulevard Corpus Christi, Texas 78413 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 13, Block 1, The Promenade, also commonly known by its street
address as 706 Eagle Creek Court, 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
4
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 10 day of v ,Cir , 2020.
•WNER: LKM Homes Inc.
elk
inda K. Mikulencak, Presi•ent
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the kr', day of U LC/1/ ,
2020, by Linda K. Mikulencak, President, LKM Homes Inc, a Texas corpor ion, on behalf of
said corporation.
atoxvnoeo PAULINE RANGEL .
* Notary ID#:12457413-8 4_6?..A)34,
4 My Commission ExpiresX`}
4,r0.1`4. 09!14/2023 Notary Public, State of T s IIJJ
LIENHOLDER: Charter Bank
nakiiiValltita, Senior Vice resident
RALEIGH COSBY
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the Le.rday of 1111C/V
2020, by DiittXiadexim, Senior Vice President, Charter Bank, a Texas cor ration, on behalf of
said entity. RALEIGH COSBY
7.
.�nY JANESSA RENEE SALINAS R�1�\A
1.:*. My Notary ID#123717129
Public, State
N . , • :xas
Expires August 25,2023
Page 2 of 3
City of Corpus Christi:
By: 1 AGl,
•
- b:rt J. %,aymond III, AIA, CBO
Dir-ctor ,f Development Services
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this 1 1 day of
2020, by Albert J. Raymond III, AIA, CBO, Director of Development Servic s Department, of the
City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation.
ULTRA V PEVA
q6\— "
p( 4L Notary ID#126029965 ► Notary Public, State of Texas
w'�� My Commission Expires
4t;yw December 6, 2023
/APPROVED AS TO FORM: day of ?fit b-eer 2020.
/i1.40C biLW
Buck Brice
Assistant City Attorney
for the City Attorney
Page 3 of 3
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_ I Date Created:8/28/2020
4 _____----------- Prepared By:ReyR
Department of Development Services
Projected Coordinate System:NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet
Projection:Lambert Conformal Conic
File:K:IDevelopmentSvcsISHAREDIGIS ProjectslCasesl2020 Water Contractsl2575 Balchuck Lane OCLWC
Nueces County
Kara Sands
Nueces County Clerk
*VG-85-2020-2020041464"
Instrument Number: 2020041464
Official Public Records
NOTICE
Recorded On: September 17, 2020 11:10 AM Number of Pages: 5
" Examined and Charged as Follows: "
Total Recording: $23.00
I
` STATE OF TEXAS
.47c2
—4\0Y COU4>lot 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
44�o S ��_ Kara Sands
261\114 )� e�NUEC o Nueces County Clerk
Nueces County, TXT
*********** 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: 2020041464 DEVELOPMENT SERVICES CITY OF CC
Receipt Number: 20200917000076 2406 LEOPARD STREET
Recorded Date/Time: September 17, 2020 11:10 AM
User: Catherine R CORPUS CHRISTI TX 78408
Station: CLERK04