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Home My WebLink AboutC2019-464 - 8/9/2019 - NA r 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 27025 Corpus Christi, Tx, 78427, First State Bank of Odem (Lienholder) whose address is P.O. Box 726 Odem, Tx 78370, 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 1, Block 3, The Promenade Subdivision, also commonly known by its street address as 713 Buffalo Creek 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 improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. Page 1 of 3 SCANNED 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 'I Il day of Cia‘i-//4— , 2019. OWNER: LKM Homes, INC. /Linda K. Mikulencak P1,jio _______2_____ Linda K. Mikulencak, Director STATE OF TEXAS § § COUNTY OF NUECES § ' This instrument was acknowledged before me on this the Ilk day of ( i t , 2019, by Linda K. Mikulencak, Director of LKM HOMES, INC. J ,,A KENDRA J.ATWOOD % Notary ID 12499375-7 4riniki. ry PubIK, to e o Texas j.' `k My Commission Expires t 4).z....;,4,. July 19,2020 LIENHOLDER: First State Bank of Odem .1 • 4L ) Amador G. Tete m , Vic: 'resident / /Je�'l i STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 7 day of cig. 1 , 2019, by Amador G. Tijerina, Vice President, of First State Bank of Odem (CU/o��Y PUL CATHERINE PETRIEI LUNA 0 �'� �i(,t...✓ r n hQT'ARY PUBLIC Notary Public, State of Texas * STATE OF TEXAS %,,,v le My Comm.Expires 10/18/2019 Page 2 of 3 City of Corpus Christi: ATTEST: By: IL. �/�74/ By: ----4,..,c47-- Re ecca Huerta Nina Nixon-Mendez, FAICP City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § afrft This instrument was acknowledged before me on this 1 day of 4UY . 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, Texas home-rule municipal corporation, on behalf of said corporation. ,-;;;Lz;. ALYSHA SARA BERLANGA 3/-�,,, ID# 13097332-0 A OP 'A ,fi _ r 4 1 ,, a 1•: Notary Public . ' . STATE OF TEXAS Notary Public, State of Texas '•'..'•roF •' My Comm. Exp. 01-19-2021 j STATE OF TEXAS § (v/ COUNTY OF NUECES § On1 This instrument was acknowledged before me on this day of Aj. kik- , 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services VIT•artment, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. g.i°4e•.. ULTRA V PENH < V-‹*1 17,1 NOTARY PUBLIC : ``,••.°�� •`fState of Texas Notary Public, State of Texas '�°F +�Comm.Exp.12-022019 APPROVED AS TO FORM: c' day of b 05 ,1, ) , 2019. 7k(-12 k/1,? ( Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 CR 20A 4 6 ,.IH J? 111111 The Promenade, 111111 Block 3, Lot 1 1 4 T re v 111P .— ♦ Cowl. « f �v; 2019 -2019029358 07/23/2019 11:24AM Page 1 of 3 GF # 10-161aPizeogg_ Stewart Title Company CORRECTION INSTRUMENT AS TO A RECORDED ORIGINAL INSTRUMENT (Non-material correction pursuant to§5.028, Texas Property Code, where the parties to the recorded original instrument have not signed the correction affidavit(instrument).] Date: j k.A,L '--2-2-t.1.4;2019 GF No. 386792 Title Company:Stewart Title Company Affiant: Pauline Rangel Description of Original Instrument(including name of instrument, date, parties, and recording information): Warranty Deed with Vendor's Lien dated May 22,2019,from South Staples, LLC(Grantor) to LKM Homes, Inc. (Grantee),securing a promissory note in the amount of$356,000.00 made payable to First State Bank of Odem (Beneficiary), filed on June 12, 2019 under Document No. 2019023169, in the Official Public Records of Nueces County,Texas. Affiant on oath swears that the following statements are true and within the personal knowledge of Affiant: 1. My name is Pauline Rangel. I am over the age of eighteen (18) years and am otherwise competent to make this Correction Affidavit. 2. I have personal knowledge of the facts relevant to the correction of the above-referenced Original Instrument as evidenced by the following facts(describe facts indicating personal knowledge below): I am an escrow officer with Stewart Title Company, and I have verified the legal description that needs to be corrected via this Correction Instrument. 3. I am making this Affidavit as a correction instrument pursuant to §5.028 of the Texas Property Code, with regard to the following clerical error in the Original Instrument (describe error below): The Lot Number and the Block Number in the legal description were erroneously described as "Lot Three (3), Block One (1)"when it should have read "Lot One (1), Block Three (3)." 4. The Original Instrument should correctly read as follows with respect to the clerical error described above, this being a non-material change to the Original Instrument (insert corrected language below): Page 1of3 2019-2019029358 07/23/2019 11.24AM Page 2 of 3 I The corrected legal description is: Lot One (1), Block Three (3), THE PROMENADE, a subdivision near the City of Corpus Christi, Nueces County,Texas, according to the map or plat of record in Volume 68, Page 628, Map Records of Nueces County Texas. 5. I have given notice of this correction of the Original Instrument by sending a copy of this f' Correction Affidavit by mail, email, or other reasonable means of notice to each party to the Original Instrument, in accordance with §5.028(d)(2) of the Texas Property Code.The evidence of said notice is attached to this affidavit as required by§5.028(d)(1)of the Texas Property Code. Pauline Rangel {J i STATE OF TEXAS ) COUNTY OF Oatczs ) 1 This instrument was acknowledged before me on 1.1\' (91 , 2019, by Pauline Rangel, for the purposes stated herein. PA,MA pqm, Notary Public, State of Texas AFTER RECORDING RETURN TO: 1�aY pie BRtTNEY SAMORA DELEON i��►`� NotarylDN131AB4B47 14!LK M Nomc S Tne v March 9,2U22 Po Boy 2�p2.�s -- - - - -- - Page 2 of 3 Resolution Authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in The Promenade Subdivision to provide public water to their respective properties pursuant to Chapter 55, Article VIII, Code of Ordinances. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or designee to enter into outside city limits water contracts,an example of which is attached to this resolution and incorporated herein for all purposes,with property owners of up to 100 lots in The Promenade Subdivision to provide public water to their respective properties located outside the city limits pursuant to Chapter 55,Article VIII of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRIS eia.if/C,CCIA4-4IAk Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi,Texas kJ—Of O.,c AAA— , 2-01C0 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill ��,,_ � 1 Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott If. . . Carolyn Vaughn ; i 1130919 sal a- tkincxcn 17T7 Nueces County Kara Sands Nueces County Clerk *V3-61-2019-2019032297* Instrument Number: 2019032297 Real Property Recordings CONTRACT Recorded On: August 09, 2019 10:01 AM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $35.00 ***********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: 2019032297 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20190809000046 2406 LEOPARD STREET Recorded Date/Time: August 09, 2019 10:01 AM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK02 � STATE OF TEXAS ��NtY Coo`%1 Nueces County fc,�x y,�; printed hereon,and was duly recorded I hereby certify that this Instrument in the Offics filed in ial Records of Nueces County,Tee File Number sequence on the xas ��j. Kara Sands G� l'‘e!NUEctss" Nueces County Clerk �� Nueces County, TX