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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 3 . . . .7__________,j.._...) ----------\-_______________. _____- . . __,....... iill, #44 , , _ CR;26 CR-26 SEBASTION London Club Estates, �, _ Block 6, Lot 6 i Lk. =NATASHIA— —V ix- 0 UJ --x 0 —4 a— lp r _- FM 43 I I a� 0 0.075 0.15 0.3 0.45Miles Exhibit "A" ,..**9% °� �y N i;} FMS 'r a '4°'evr tt (VT PG CR2 Water Contract Location Map r Site us Christi City Limits CR 26 / ��f.7 L Date Created:3/15/2017 e� FM 43 m . "'.. Prepared By:Irene J.Magallanez h u- n ce O v Department of Development Services 5 _ _ U v File:K IDevelopmentSvcs'.SPECIAL SERVICESIPLATStWeter ContractstLondon Club Estates UNeps — _ V Projected Coordinate System:NAD_1983_StatePlane Texas_South_FIPS_4205_Feet iii i ,7 t Projection•Lamben_Confom,al Conic 139-II Docd 2C)1.70155723 t Pages 5 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