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HomeMy WebLinkAboutC2017-424 - 9/14/2017 - NA 5 • Dec! -4: 201.704021....3i 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, Charter Bank (Lienholder) whose address is 3701 Saratoga, Corpus Christi, Texas, 78415 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 6, Lot 3, also commonly known by its street address as 2690 Balchuck 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. 2017-424 9/14/17 Page 1 of 3 LKM Homes Inc. J 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 thisruday of 1 , 2017. 0 ER: LMK Homes, Inc. ! / f s inda K. Mikulencak, Director STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the may of NS , 2017, by Linda K. Mikulencak are,t _ M Homes, Inc. 4 >•••;�„''►ue�.. PAULINE RA NGEL fro,.• •'t4\ Ip* 124674138 ► cAv ''•.` Notary Public p / `%..• w e' STATE OF TEXAS �" �`'i' iii /� ,.sl••••••• P ' _ _ Notary Public, State of T:xa- 1 4 '••:+rEoftE+:• My Comm. Exp. 09-14.2019 ► LIE,,HOLDE • Charter Bank 7 idoiri if&I • DAVID CADENA, VICE PRESIDENT STATE OF TEXAS § § COUNTY OF NUECES § { This instrument was acknowledged before me on this the =iday of , 2017, by DAVID CADENA Vice President, pharter Bank. r ".6-f..4:: .� '" JANE iiiitAithpe-. 1 �' SARENEEsq(_INgs Nota Public, Stat- of -x.s =xYNotarylD#128717 or '' Expires August 25,2019 f Page 2 of 3 .� City of Corpus Christi: ATTEST: By: ja(2„te.,4._ t 4-LA.c. By: -z. Rebecca Huerta Willia J. Green P.E., Interim Director City Secretary Development Services Department STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this ,- i day of ,. ' I 4 2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. . ........ .... .. .. .. .... .... ..�... , < t;nnr►Z MONIQUE TAMEZ LERMA > vi1()( 16'96241i4 no' ID# 1146231-1 ' ` ,�n lic .f>�\.... ,p/ STATE OF TEXASE _1 1� ,�� Notar�r Publi , State of Texas ,,,w My Comm. Exp. 01-23-2021 > fr .., -vvvvvvv♦ STATE OF TEXAS § COUNTY OF NUECES § LI � This instrument was acknowledged before me on this 1�day of , 2017, by William J. Green P.E., Interim Director, Development Services D partment, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said co •• ation. < J�f'(PQ�y� MONIQUE TAMEZ LERMA Jo ID# 1146231-1 ,,*ick, Notary Public 4 �`L ;,, # STATE OF TEXAS Nota y Publi1, State of Texas '7a My Comm. Exp. 01-23-2021 > I v . -se vv v v vv- vvv • APPROVED AS TO FORM: It day of 5e17 /e'" t'' , 2017. Buck Brice Assistant City Attorney for the City Attorney K DEVELOPMENTSVCS,SPECIAL SERVICES LAND DEVELOPMENT DIVISION`7 WATER CONTRACTS OCL ACTIVEA700.LONDON CLUB ESTATES BLOCK 6 LOT I(2684 BALCHUCK LN)WATER CONTRACT 2 DOC Page 3 of 3 .......JII-----\: *... .__._—--—---=:::"---"'.__,.._ I I i 700 11) CR26� CR-26 /I SEBAST 7 .1111111111111 . London Club Estates, in Block 6, Lot 3 t =NATASHIA Y -_ l -J– t9- a o— m - r r - FM 43 en _X 0 0.075 0.15 0.3 0.45 . �o N Miles Exhibit "A" 6g ".... " + .4 fL--� j 0 c �To,4 ,. ,, Water Contract Location Map ..,...:1'. .-r.1-21 .. / CR r• rp�i sty o s�- �� . Site 1 CityLimits 17 1N I ( I 4 - ` CR 26 -,� :.!W!7 . ' :_-� I 1Y - / Date Created:5/10/2017 1 FM 43 _ �'7,id . Prepared By:!vette J.Mapallanez ,? ,� o ;O Department o/Development Services i J x Fife:K:DevclopmentSvcsISPECIA L SERVICESIPLATSIWater Contracts1London Club EstatesiMaps U - U V Projected Coordinate System:NAD_1983_StatePlane Tezes South F/PS 4205 Feet I CC Profectlon:Lambert_Conlormal_Conlc Do': 2017040201 Pages 5 09/22/2017 10:47A11 Official Records of' NUECES COUNTY KARA SANDS COUNTY CLERK Fees $31.00 Any provision herein which restricts the Saler Rental or use of' the described REAL PROPERTY because of Race, Color, Rel igion/ 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 sequence on the date and at the time stamped herein by me+ and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SAND3*)S r r a, n7.If r:' From:J.Saleh(361)826-3568 City of Corpus Chrsiti Development Services/Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408