HomeMy WebLinkAboutC2017-308 - 4/11/2017 - NA 201701!s573
STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS
SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS
STATE OF TEXAS §
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 is PO Box 270245, Corpus Christi, TX 78427,
PlainsCapital Bank (Lienholder) whose address is 500 N. Shoreline Blvd, Ste 200, 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 Lot 6, Block 6, also commonly known by its street
address as 2705 Digger Lane, 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.
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.
2017-308
4/11/17
Page 1of3
LKM Homes Inc. INDEXED
•
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 2.1 day of H'fc.,,.(I 2017.
OWtIER: LMK Homes, Inc.
cox ,
inda K. Miku encak, Director
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on this the 2-3 day of G--c L7 ,
2017, b ' •- MICHA'EL.B ►-. la I ector of LMK Homes, Inc.
=�"pY P(�e<c 1D N;124356133
Motary fires
+ ;� y °t Commission Exp
s•'441ww+" 1010712018
,.,�.ww" """" w Notary Public, State of Texas
LIEN HOL R: PlainsCapital Bank
Steve Botelho, Senior Vice President
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on this the ela.day of IY\(LA,J. ,
2017, by Steve Botelho, Senior Vice President, PlainsCapital Bank.
.........
.....---
,4014r,. NORMA TRUJILLO \116Wa J11140
p � �T Notary Public, State of Texas
Notary IDt 196617.2
<•, ,. My Commission Eoes*mom
Page 2 of 3
719-a
City of Corpus Christi:
ATTEST:
By: 1.- C.1.(7e.-(.7-e_ i r'C ex By: ^—
Rebecca Huerta J io Dimas, Interim Director
City Secretary evelopment Services Department
STATE OF TEXAS §
COUNTY OF NUECES § n
This instrument was acknowledged before me on this 1 I day of ,
2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christ aTexas home-rule
munici sal c.r.or_ti• .o behalf of said corporation.
g212...y\e±j
UMONIQUE TAMEZ LERMA ►
O7,".'s.:;";";;;\L /� /1
'"q bt I D# 1146231-1 ► `/�I/ /
7 1 Notary Public • /" 1
=� 111 ,€ STATE OF TEXAS ► V '
+�-�� Notpry Pu ic, State of Texas
.,'lDst �` My Comm. Exp. 01-23-2021 ►
STATE OF TEXAS §
COUNTY OF NUECES § ( -
This
instrument was acknowledged before me on this I I day of ,
2017, by Julio Dimas, Interim Director, Development Services Department, of the City of Corpus
Christi, a Texas home-rule municipal corporation, on behalf of sail, corporation.
^ ....... � .. �. .. .. o ....
�4,,Wp4;,,,: MONIQUE TAMEZ LERMA j A Q,
4 , ° ID# 1146231-1
Nota Publ , State of Texas
Notary Public
6.:N;_-----;,4",/Fr STATE OF TEXAS
My Comm. Exp. 01-23-2021
....--...---...-vv..--...---...---..."-\.---...-.......3( f _APPROVED AS TO FORM: day of , 2017.
fk(jk filia
Buck Brice
Assistant City Attorney
for the City Attorney
K:IDEVELOPMENTSVCSISPECIAL SERVICESILAND DEVELOPMENT DIVISIOM7 WATER CONTRACTS OCLVICTIVEI789•LONDON CLUB ESTATES,BLOCK 6,LOT 8(2705 DIGGER LN)IWATER
CONTRACT.DOC
Page 3 of 3
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SEBASTION
London Club Estates,
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City Limits
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h u- n ce O v Department of Development Services
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_ U v File:K IDevelopmentSvcs'.SPECIAL SERVICESIPLATStWeter ContractstLondon Club Estates UNeps
— _ V Projected Coordinate System:NAD_1983_StatePlane Texas_South_FIPS_4205_Feet
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139-II
Docd 2C)1.70155723
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04/20/2017 12:O4PM
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees `x31.00
Any Provision herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Races Color, •
Religion, Sex, Handicaps 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 sequence on the date and at the
time stamped herein by meg and was duly RECORDED
in the Official Public Records of
Nueces Counts, Texas
KARA SANDS
r
F?am: ‘• Utei .
C y of Corpus 6nristi
VDeleopment Services/
Special ServicE
2406 Leopard, Suite •.C J
Gxpus Christi, TX 78408