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HomeMy WebLinkAboutC2019-419 - 6/28/2019 - NA 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 Tx., 78427, Plains Capital (Lienholder), whose address is 500 N. Shoreline Blvd. Ste 200 Corpus Christi Tx., 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: Lot 17, Block 3, Nottingham Acres Unit 2, also commonly known by its street address as 1358 Southampton Dr., Corpus Christi, TX 78415 Lot 5, Block 8, Nottingham Acres Unit 2, also commonly known by its street address as 2310 Loxley Dr., 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 Page 1 of 3 SCANNED lG no, 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. 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 7 day of wn.a-- , 2019. OWNE : LKM Homes, INC., A Texas Corporation Linda K. Miku encak, Director STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the )-1 day of junc 2019, by Linda K. Mikulencak, Director, LKM Homes INC. o ALLAN PENA " :0; Notary Public. State of Texas .-v►. r�� $. My Commission Expires ( OCTOBER 01. 2019 Notary Public, State of Texas LIENHOLDER: Plains Capital Steve Botelho, Executive Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 1 : day of Tf, rk 2019, by Steve Botelho, Executive Vice President, Plains Capital NORMA TRUJILLO �fllvur�- Atuc j.. Notary Public,State of Texas Notary Public, State of Texas " Notary ID#166617.2 sr�r •F My Commission Expires 10.31.2020 Page 2 of 3 City of Corpus Christi: ATTEST: By: e, -1." Gt,¢•t� By: � � 77k/4/t Rebecca Huerta Nina Nixon-Mendez, FAICP City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § , IV This instrument was acknowledged before me on this,g53day of 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on beh-If of a'd corporation. BERLANGA ► � �,os�;�P;;�•,� ALYSHA SAM r Asa Ip# '13097332-0 ► h �` ikp.4'{ Notary Public � �* Fa I / STkTE OF TEXAS ► � � 75_ {%."47v t %� My Com t Exp.01-19.2021 ► Nota Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of vcV.a 2019, by Nina 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. ULTRA V PENA _� v p`e ) NOTARY f PUBLICTexas "' S i±i of cE'f Comm.Exp.12-02-2019 Notary Public, State of Texas APPROVED AS TO FORM: Z `'day of J11 Y? `L , 2019. 1 ,42 1/v Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 Jl i I II FM 43 \ F 1 a— G W .:.J X O Nottingham Acres Unit 2, Block 3, Lot 17 6I SOUTHAMPTON DR MAIDIMARIAN CT cia It Nottingham Acres Unit 2, OC Block 8, Lot 5 V +LION HEART CT (7- _EDWINSTOWE CT C WILL-SCARLET CT WHITEHAND CT J CR-22 0 0.125 0.25 0.5 ,o,„ ,,,,,,t, N Miles Exhibit "A" .7 JOil,i ItZ,N J fi CZ i WI '1Water Contract Location Map o F .J....i .4I: 7y M =_ 1......m.. �l _I , Subject Parcel In =In T _ V (Y I ° � 0 ll� i City Limits nNA- uwA 9 L� _ ._MC� Date Created:JeremyM Prepared By:JBremyM J�—i - - • de Department of Development Services in File:K:IDevelopmentSvcsISHAREDIGISProJects1Cases12019Water Contracts% Nottingham Acres Unit 21Block 3,Lot 17&Block 8,Lot 5 —1 I I " Projected Coordinate System:NAD_1983_StatePlane_Texas South_FIPS 4205_Feet Projection:Lambert Conformal Conic Nueces County Kara Sands Nueces County Clerk *VG-61-2019-2019027051' Instrument Number: 2019027051 Real Property Recordings CONTRACT Recorded On: July 09, 2019 09:43 AM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $23.00 ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2019027051 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20190709000042 2406 LEOPARD STREET Recorded Date/Time: July 09, 2019 09:43 AM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK02 STATE OF TEXAS CO(4 ,h Nueces County * .1, *I,, I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon,and was duly recorded in the Official Records of Nueces County,Texas /'y . S --`=' Kara Sands 3°1\34) 'h�.N������`UE--- Nueces County Clerk Nueces County, TX Qn��