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HomeMy WebLinkAboutC2014-227 - 3/14/2014 - NA STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT made and entered into an original by and between, LKM Homes, Inc., ("Owner"), whose address is P. O. Box 270245, Corpus Christi, Texas 78427, Prosperity Bank ("Lien Holder"), whose address is 500 N. Water Street, Suite 100, Corpus Christi, Texas 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: London Club Estates, Block 5, Lot 8, also commonly known by its street address as 2658 Balchuck Lane 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. IV. IT IS AGREED by and between the parties to this contract and agreement that the above described land and territory shall be included within the corporate boundaries of the City of Corpus Christi and shall become a part of the City, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi; and Owner and Lienholders agree to annex said property within the effective date of such annexation being the date when the property adjoins the City limits, or will adjoin the City limits by any type of simultaneous annexation of other properties, or at a later date to be solely determined by the City Council. 2014-227 3/14/14 LKM Homes Inc. Page 1 of 3 INDEXED V. Owner and Lien Holder agree and understand that, in addition to any other remedies available to the City, a breach of the covenants and conditions in this contract render Owner liable to termination of the delivery of water and, upon a finding of fact by the City Manager that any of the aforesaid covenants or conditions have been materially breached, the delivery of water to Owner shall be terminated. VI. 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. VII. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assign of t e said Owner and each of them, if multiples, and constitutes a covenant running with the :nd. WITNESS OUR HAND thisLl day of V_.1 4 ,' 1, Al , 2014. Owner: SUZI A. ESTELL i By: Okuakresid �resident �� My Commission Expires / '' ., JULY 31, 2016 1 LKM Homes, Inc. t �- STATE OF TEXAS § COUNTY OF NUECES § 1 This instrument was acknowledged before me on this the day of 1', 1/, . / I_ , 2014, by Linda K. Mikulencak, President, LKM Ho es, Inc. • /,- 41.,. i i III i...k.....411. Gritiri:::""--- v otary Pub;r-ta e - as Lien 1-1; • -r: By: LL4 .4 Aldli/ . .� r Trixy Saldi ar IV - President SUZI A. ESTELL Prosperity BankNotary public,State of Texas r, Orli ; '` My Commission Expires K, '. ; `' JULY 31, 2016 __% STATE OF TEXAS § � COUNTY OF NUECES § 4 This instrument was acknowledged before me on this the day of A. I ,,A. , 2014, by Trixy Saldivar, Vice President, Prosperity Bank. Page 2 of 3 City of Corpus Christi: ATTEST: / ' / By: By: 12 Rebecca Huerta P_s ierson City Secretary Assistant Ci 1 a ager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this IT day of , 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule •' '•. corporation, on behalf of said corporation. °` �°` MONIQ; TAMEZ LERMA ► �� ;ifq;•- Notarypublic, My 0mTmTEOFTEXASNota`y Publi StateTexas,,..• Exp. 01-23-2017 ► STATE OF TEXAS § COUNTY OF NUECES § Amt This instrument was acknowledged before me on this '5 day of I i G r C-(/1 2014, by Wes Pierson, Assistant City Manager, of the City of Corpus Christi a Texas home-rule municipal corporation, on behalf of said corporation. a KRISTY CLICK • . • Notary Public �O 4 4 A - A _ h STATE OF TEXAS N,'a Public,r ate of Texas .., M�Comm_E!.p. .18,2016 APPROVED AS TO FORM: I day of V,(IC.)) , 2014. Julian Grant Senior Assistant City Attorney for the City Attorney IMEVELOPMENTSVCSISPECIAL SERVICES\PLATSIWATER CONTRACT LONDON CLUB ESTATES\WATER SERVICE CONTRACT.BLOCK 2,LOT 4.2631 BALCHUCK LN.DOC Page 3 of 3 A. / AAb1,, 4 0 * . ,c`'.4* 6:::\III IIIIIIII- c_ ....,r, —.,,..._ \\__________ -----„,. SEBASTIAN LANE LOT 8, BLOCK 5 Z _, LONDON CLUB ESTATES '' U f�vy `o CITY LIMIT LINE IIAT HIA LANG U (g J R 0 mCAITLYN LANE I i III' i— __ — t U U cp J Fin. 6 EXHIBI iT )k .(1 v Miles � -- 181 0 0.0750 15 0.3 77 N Q �� T J { Legend C�,s Christi Bay H.:(:i .i PLANNING.CI TYLIMITS °�°5 Christi Bay oyoo rr� C,+ O/ON4S�sdii TtleI /Printing Date:01/07/2014 F -- CFile.K\DevelopmentSvcs\SHARED\GIS Projects\4Mguel\London_Club_Estates_Lt7_BIk7.mxdi i Prepared By:MSS / ��\ a Illustrative purposes only r City of Coordinate System. I 1 , Corpus NAD 1983 StatePlane Texas South FIPS 4205 Feet 'LOCATION MAP Christi ©City of Corpus Christi©Development Services r--a i r r r 1 • 1 / .-r- ^ ' ^ Doct -'1:13141:1111:189 4: Pages 5 03/27/2014 10:32AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $31.00 Any nrovisioo herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Race, Color, Relision, Sexy Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAWN 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the date and at the F74mo: � R.GdSt. S. S~ Lc» ,~A time hstamped iherein al lby me,ic oand was duly RECORDED in V r` ` —^�� rds of Nueces County, Texas of Corpus k^��w� Diana T. Barrera De aipmemt Services/ • � ��� . eX(.044,...: 2406 ��� '��� ��' Leopard, ~'="=~ ^°w ]����� TX Corpus Christi, 78408