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Home My WebLink AboutC2019-079 - 1/17/2019 - NA C) STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § 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 P.O. Box 270245, Corpus Christi, Texas 78427, Charter Bank (Lienholder) whose address is 10502 Leopard Street, Corpus Christi, Texas 78410, 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: Lot 6, Block 3; The Promenade, also commonly known by its street address as 714 Battle Creek Drive, 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. C2019-079 1/17/19 LKM Homes Inc. Page 1 of 3 SCANNED /1 Izw 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. 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 t day of"On , 2018. 0�j ER• I, omes, INC. ^ �� ,..,,.. _ i""Y =, GINA KAY SCHAEFER 40„,„. „ a i I ulencak, Director ' . My Notary ID#130780029 -• .R� '•' Expires August 16,2020 STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of ` 2018, by Linda Mikulencak, Director, LKM Homes, INC. J!° • ''• GINA KAY SCHAEFER My Notary ID#130780029 , y / fri ---1.;,f,or ' -4 \ Expires August 16,2020 Notary Public, State of Texas LIENHOLDER: Charter Bank &CP-A-- 1,j ,XA-1- ,-,--- Alan Wilson, Star Vice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the p day of --- 4 y i v' , 2018, by Alan Wilson, Senior Vice President, Charter Bank. 5 •;A+ •., Notary Public, State of Texas e0.ti <�,. PATSY DIANA GOM i� *: My Notary ID#125902470 4• + Expires June 1,2021 Page 2 of 3 IL 0 n, City of Corpus Christi: ATTEST: By: �- �c / c -7!l G1 By: ?,L 7Yiii Rebecca Huerta Nina Nixon-M dez, AICP City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § ti This instrument was acknowledged before me on this 1 day of .t&A .. 2018, by Rebecca Huerta, City Secretary, of the City of Corpus C �.ti, a Texas hoi1-- le municipal corporation, on behalf of said corporation. ►�< :;";;N;. MONIQUE TAMEZ LERMA �r ID# 1146231-1 / —� •* ' Notary Public . ,r STATE OF TEXAS 1 otry Publ , State of Texas 'ZOFT ''r My Comm. Exp. 01-23-2021 .. - - % STATE OF TEXAS § COUNTY OF NUECES § f 0A This i .r"me,�nf was acknowledged before me on this I day of TGUh4M JLI% t@1 ij mia Nixon-Mendez, FAICP, Director of Development Services Department,! of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. r.�PY Pia.. '4 \ [ . ULTRAVPENA z � ARY PUBLIC ��- Public, State of Texas ; NOT y State of Texas Notary ''.'.F of +' Comm.Exp.12-02-2019 APPROVED AS TO FORM: 5 day of J 5"�� ' , 201- ..�`�) 13,40A *04 Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 Agai t - CR20A I I r The Promenade, gil iil_1-1 c Block 3, Lot 6 - I '-'mi------A.EPREarc k____ C rpus Christi _8 ‘-'s-1 eL/"7-1 ----;4d ow III ,--., =`rirfk ci 4 S _ d a F42444 1 HT—I a r 5 5 i 0 0.125 0.25 0.5 . . i'i`i * Miles Exhibit "A" ." �- ‘ _ t„....._gi I . Water Contract Location Map i� CR 22 h `' _per' TI�1 I 4,,,` "'„�' ;` ` ;;; Subject Parcel SOU i+NCH PRAM* 411.11 Ce•2OA -- ` 4 1 I:, O . R� sit--e E-1.r � City Limits g _55. FM 2 i it ga.Rti--'r• / .k 'n~' ll Z p q Sig c'- ;Q7 C747iC:723/2O18 {�� Pre pa e d By:YUN CR-18--a Oa p.m,on of DewWpmenr ServJcas --�� ++S� I I 1W 19to X.O lopmen YaSNARE 0 GJS?ro+±or all Cas#.2015 Mar Con EracM TM Promenade iB$OCk 3.Lord Pr '.cc1U Coo'- r.re Sys air=044. 1983 SrarePdine Turas Satri RPS 420.5 Fear Pnwecan:LarnMa CarsronnaJ_Corx Cti- or col,p(t_suo's.17 Valoetmej/ICe 5 -MiLyiA• a vet 3 611— acs 2I 6 � � � �+ 1 i z 408 aureus CB J Doc 20!.19c_11_13163 5 Fuses 01/24/2019 2:36PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $27.00 Any provision herein which restricts the Sale► Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sexy Handicap, Familial Statusy or National Origin is invalid and unenforceable under FEDERAL LAW+ 3/12/84. 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 SANDS