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Home My WebLink AboutC2020-304 - 9/17/2020 - NA 4 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 42, Block 1, The Promenade, also commonly known by its street address as 766 Buffalo Creek Drive, 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 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 J 0 day of Sf 44.40„r , 2020. 0 T ' , ER: LKM Homes Inc. K. Miku en ak, 'r-s dent STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the IC day of , 2020, by Linda K. Mikulencak, President, LKM Homes Inc, a Texas corpor on, on behalf of said corporation. / �or• PAUeS16LLA:,1 !! fl *".440,-, 09/14/2023 Notary Public, State of Tex`s LIENHOLDER: Charter Bank c k��.lxa, Senior Vice Preside t RALEIGH COSBY STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the '1 in of `x' fr-'V 4 1..)-(., , 2020, by , Senior Vice President, Charter Bank, on behalf of said entity. RALEIGH COSBY d.ote , . La �" INAS a i* c :4 My Notary ID#12V17129 • ary Public, Stall exas ;;a x5' Expires August 25,2023 ..L .... Page 2 of 3 City of Corpus hristi: By: /114111 rIbe J. 'aymond III, AIA, CBO Dir- for .' Development Services STATE OF TEXAS § COUNTY OF NUECES401 § This instrument was acknowledged before me on this day of 2020, by Albert J. Raymond III, AIA, CBO, Director of Development Service Department, of the City of Corpus Christi, a Texas home-rule (municipal corporation, on behalf of said corporation. .'''pc,. ULTRA V PENA \�"'> �_Sc �� Notary ID#126029965 NotaryPublic, State of Texas rf��iE My Commission Expires December 6,2023 APPROVED AS TO FORM: ! l day of e r j`�/ ot,v-�' , 2020. f4/1/(12) 141 (V- Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 N The Promenade I I I Block 1, Lot 42 JERICHO 1— - __ 1111 ►a . r !.IE 7 MI 611.-41411111111CL --7-2.--6., 1--:,---- —re az Z_ Iry is ;� a`� fir"a 1 I =\ i i AI x BARNARDD Q 0` -STAPLES ---FM=2444- ��..._.f _ -_-- f Q v \\\:,....H 0 500 1,000 2,000 , � N Feet Exhibit "A" _.----ti o VAIL = CR 22 Yo Lj/%S Yo, Water Contract Location Map irt .,t ,l1 cRzoniCR20A OS �I N 0, City Limits 'U .s F`ML2_444I $ARNARD Subject Property Z M1 CR'18 U a - Date Created:8/28/2020 _-_..____._.__. __ Prepared By:ReyR A-_., i Department of Development Services Projected Coordinate System:NAD_1983_StatePlane_Texas_South_FIPS_4205 Feet Projection:Lambert Conformal Conic File:K:IDevelopmentSvcsISHAREDIOIS ProjectslCases12020 Water Contracts12575 Balchuck Lane OCLWC Nueces County Kara Sands Nueces County Clerk 'VG-85-2020-2020041465' Instrument Number: 2020041465 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 %%%%%%��%% STATE OF TEXAS i�o�NtY Cp0g',1l Nueces County * �, *soy I hereby certify that this Instrument was filed in the File Number sequence on the date/time 4, r Q 0 printed hereon, and was duly recorded in the Official Records of Nueces County,Texas ,,/, ��=1'0 Kara Sands °F NUE P NuE Nueces County Clerk Nueces County, TXT.3.24) ***********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: 2020041465 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