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Home My WebLink AboutC2021-080 - 2/9/2021 - 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, Prosperity Bank, (Lienholder) whose address is 921 N Water Street, Corpus Christi, TX 78401 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 11, Block 1, The Promenade Subdivision, also commonly known by its street address as 701 Eagle Creek Ct., 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 c2844day of Ta huav . , 2021. O ER: KM Homes, INC k. cum. dr . .(c--:.V inda Mikulenca , •irect•r STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the,,28 lay of JJ GZrtati f 2021, by Linda Mikulencak, Director, LKM Homes, INC. J ot• ►aY?ym�; KENDRA ATWOOD Quird)1 �� ,°y'. Comm.Expires 07-19-2024 '';FoF •° Notary ID 12499375-7 No ry Public, State of Texas LIENHOLDER: Prosperity Bank sag Trixy Sal v. senior Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of J arl(.L&rri 2021, by Trixy Saldivar, Senior Vice President, Prosperity Bank, on behalf of said e.Aity. k1YiCJUU 04C ) KENDRA ATWOOD of ry Public, State of Texas 'ro. 'Lc+:Notary Public,State of Texas .a =..-•.;• /\ ; Comm.Expires 07-19-2024 " ?;oF(e; Notary ID 12499375-7 Page 2 of 3 City of Corpusti: By: 'f ai •Ibert J. Ra mond III, AIA, CBO Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § •This instrument was acknowledged before me on this day of Fe_-Vi , 2021, by Albert J. Raymond III, AIA, CBO, Director of Development Services Depart t, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. I `�pY OSB ULTRA V PENA 0v . ri21--- /v_Q ,7I i�``� Notary ID#126029965 ( ' S2ZC� !"� I s,, , : My Commission Expires i NotaryPublic, State of Texas I Z or i December 6, 2023 APPROVED AS TO FORM: day of , 2021. Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 CR-20A i— JERIC HO \ The Promenade \2- R ILL-. Block 1, Lot 11 J I, I :1q- { s I f Jul —ck vallA - 0 I .v. 1, =. I. /1/ /QI >Q-. •I to X 1 \(�i I + g __)H -.)-- Hill I . FM:2444 :-. 1-7------L------ — —STAPLES — CIRRU ISTS - Q 0 -f'04,4 NI ##4\c(43 i# It 0 500 1,000 2,000ore;e. N MINICIIIIIIIIIIIII Feet Exhibit "A" QF,`--.g i I ,i, vqR42014. l• • - 5 - CR 22 \ trO' S.• : „�oA ��zA L .1P. Ci Water Contract Location Map mmu -I-1111111 Site I i °il:;;',,i4,41;;ii LN 1 6 y.4 City Limits al = FM 24A-4i BARNARDd:`t} ,x, ` c'� 1,$03.42-,:,i2- ..n Subject Property Z { g 1 CR, B v { Date Created:1/2212021 Prepared By:ReyR Department or Development Services Projected Coordinate Sys tem:11AD_1983 t ydPlane_Texas_SouthfPS 4205 Feet Projection:Lambert_Conformal_Conic Nueces County Kara Sands Nueces County Clerk *VG-61-2021-2021007161 Instrument Number: 2021007161 Official Public Records CONTRACT Recorded On: February 11, 2021 02:26 PM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $33.00 %%%%%%%%% STATE OF TEXAS GppNTY Coo'N Nueces County * ,f, *goy I hereby certify that this Instrument was filed in the File Number sequence on the date/time o N.: printed hereon, and was duly recorded in the Official Records of Nueces County,Texas f0��F NUEG�S= Kara Sands ��"�� Nueces County Clerk P^"40-- Nueces County, TX ***********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: 2021007161 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20210211000132 2406 LEOPARD STREET Recorded Date/Time: February 11, 2021 02:26 PM User: Margarita S CORPUS CHRISTI TX 78408 Station: CLERK01