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HomeMy WebLinkAboutC2014-434 - 11/20/2014 - NA 2k-114045350 �C 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 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: Melvin Estates, Block 2, Lot 1, also commonly known by its street address as 4602 Billy Road. 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. 2014-434 11/20/14 Page 1 of 4 LKM Homes Inc. 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 assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the\1 land. WITNESS OUR HAND this Iday of NL/ G.r , 2014. Owner: •a K. Mikulencak, President LKM Homes, Inc. STATE OF TEXAS § COUNTY OF NUECES § O This instrument was acknowledged before me on this the)(day of 2014, by Linda K. Mikulencak, President, LKM Homes, Inc. * te_ q Nor ryl, 11gNGF- Notary Public, State ;Tex ,, o , MY Comm, Stat SEPTE mmi��n fxp�eXas MBER 14,2p15 Page 2 of 4 1. 1 Lien Holder: By: , tfat ✓�' Trixy Sald , Vice President Prosperity Bank STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 13 day of tJ ovevwbe.r 2014, by Trixy Saldivar, Vice President, Prosperity Bank. c t.;, MICAELA LONGORIA • !�C Notary Public, State of Tezas i AWL libVI My Commission Expires 1 OCTOBER 05 2017 ' Notary Public, State ofTexas Page 3 of 4 City of Corpus Christi: ATTEST: -1-2 dil By: By: 4L_. Rebecca Huerta Gust vo Gon•ale City Secretary Assis -nt City anager STATE OF TEXAS § , COUNTY OF NUECES § This instrument was acknowledged before me on this Wday of ILOW.41-16-e•-*--) , 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule !> _ -_= -: = = • - - = of said corporation. .; P�'.•., MONIQUE TAMEZ LERMA o A,; Notary Public •. r`1 f STATE OF TEXAS / , � •••:?;•,r;•,:.. ',.' My Comm. Exp. 01-23.2017 _ _ _ _ _ _ _ Not ry Pu ic, State of Texa STATE OF TEXAS § COUNTY OF NUECES § a,,,-, This instrument was acknowledged before me on this 11, day of --R , 2014, by Gustavo Gonzalez, Assistant City Manager, of the City of Corpus Christi a Texas home-rule municipal corporation, on behalf of said corporation. 7-.._ _ _ _ _ _ _ _ _ . ► i :„..a�P -•••• MONIQUE TAMEZ LERMA 0 t, Notary Public 1 /LLv /�_ _ ,: STATE OF TEXAS ► •' Nota Pub'c, State of Texas `•s?4r6:--•T,Py` My Comm. Exp. 01-23-2017 vu's"- _ APPROVED AS TO FORM: v day of (VVfPc , 2014. (.. 4,::, LA Julian Gr nt Senior Assistant City Attorney for the City Attorney KIDEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\WATER CONTRACTNAELVIN ESTATESIWATER SERVICE CONTRACT.BLOCK 2,LOT 1.4602 BILLY RD.DOC Page 4 of 4 IMMO -Cj3 0 b o .„./n . . .. AS":41,4 - ro \\..."' a LOT 1, BLOCK 2 .kI L-----/- ______ �' MELVIN ESTATES All* 11,_%1. , ■fill 1 1 71 kl/ f v i ,,,-,.. • 141 _ ...... z b ., ,--; g._ I -s -:- ',/ 3c-ci: ,_. r - moi IP 1 / / L L J - L u U „:1 H 1 EXH I BAIT A ri..w, C'Miles , 4 0 0.075015 03 lirpri.l.:m - - `, Legend c) Corpus Christ!Bay r•INUMEN•nnit Filliiii%� _.._.. ! PLANNING.CI TYLIMI TS ir _ yo�ei� TAS , 1C; 1 . ‘`,/.\..„,.'..%"7%....\ eiii Printing Date'.1110712013 p Alb, l _—__ y \ p File:K.'DevelopmentSvcs\SHARED\GIS Projects/4Miguel\Melvin_Estates_Lt2_Blkl.mxd `W t z t .�.r�.. Prepared By.corpjmm Illustrative purposes only. \ C��, o City 01 Coordinate System. \ 1 �‘'hi' § COrpl15 NAD 1983 StatePlane Texas South FI PS 4205 Feet LOCATION MAP 4. ., / Christ] ©City of Corpus Christi©Development Services v � ' ^ V ` From: &k. osik. S S .� ' C y of CrpUs 'Oricti De Mii,)pmenfS u� Special Se 'ce: 2406 Suite 17l �°���.+ ww^w �~v ` C:rMsr~6 'oti TX 78408 Doct 21-314C)45:3510 t Poses 6 11/21/2014 2:24PM Official Records of NUECES COUNTY MS. DIANA T. BARRERA COUNTY CLERK Fees $35.00 Any nrovision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the dote and at the time stomned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas MS. DIANA T. BARRERA ,10 NelleAW