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Home My WebLink AboutC2019-465 - 8/9/2019 - NAF 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, PlainsCapital Bank (Lienholder) whose address is 500 N. Shoreline Blvd Suite 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 8, Block 3, The Promenade Subdivision, also commonly known by its street address as 722 Battle 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 l of 3 SCANNED t l(XLI0V5 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 A day of C\i1�. , 2019. OW ER: LKM Homes, INC. /Linda K. Mikulencak Linda K. Mikulencak, Director STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the L), day of Aug- , 2019, by Linda K. Mikulencak, Director of LKM HOMES, INC. -0-; 'P'A<;', NORMA TRUJILLO * �1, Notary Public,State of Texas , \fAir\twi _C 0 0 /. - Notary IN186617 2 NotaryPublic, State of Texas • 1, P!. My Commission Expires 10.31.2020 LIENHOLDER: PlainsCapital Bank . TIi r Stephen Botelho, Executive Vice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the ' day of • 2019, by Stephen Botelho, Executive Vice President, of PlainsCapital Bank • o;Fa; NORMA TRUJILLO �I,,��, 'I - a ..,Notary Public,State of Texas Notary Public, state of Texag i. Notary ID#186617.2 •,+ .. o'. My Commission Expires 10.31.2020 Page 2 of 3 City of Corpus Christi: ATTEST: B B f,,�✓/�1�1' Re cca Huerta Nina Nixon-Mendez, FAICP City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this qday of 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on •e ,f if said corporation. 4 ot�'"P"4,o. ALYSHDA SARA3BERLANGA 4 t� r 4 ,�� "ATE Of TEXAS '" " ;�' tJly Comm. Exp, 01-19-2021 ' No Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this v day of US4.-- 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services ie 4:rtment, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. ULTRA V`▪ P'';g:, NOTARY PUBLIC ,c 4 ?\ a ,43 State of Texas • of 4 conxn E 12-o2•�19 Notary Public, State of Texas APPROVED AS TO FORM: day of /9(-15 S , 2019. ii6.7./(yrjA 6,76,6( Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 CR 20A / —'` 111„' '1"„ 4 II 61 1 The Promenade, 1# . — r �� 4 Com - 1 Block 3, Lot 8 J �v;E /EEK— aP� �T1 1 I ��HYACINTH I -- HMI / - Q '— D — -FM:2444 1 —9 Q M 4 et 0 Si V s 0 0.125 0.2 s Miles Exhibit "A" °°uscy�7.7. N V a • 'M A'744 44.7 Water Contract Location Map CR22 Y FS ` R ~ %/% • kr°t r'' Subject Property I I I Itv� q ii U�py —s,...„,,,,,,_„1 ]O�um PRPRAm,i CR 20A 1ITT'Tt1'tl III `"i' � O/, v a i site _4. f} �P City Limits v 1 a BARNARDr _ IIVA! 2'fO ty0 Date Created:8/1/2019 a. Prepared By:JeremyM � CR-18—U _ - L.. Department of Development Services K:IDevelopmentSvcsISHAREDIGIS ProjectslCasesl2019 Water Contractsl The PromenadelBlk 3,Lt 8 I Projected Coordinate System:NAD_1983_StatePlane Texas_South FIPS_4205 Feet Projection:Lambert_Conformal_Conic Doc# 2019013024 36-T-115075-MG GF# Texas National Title WARRANTY DEED WITH VENDOR'S LIEN Notice of confidential rights: If you are a natural person,you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. DA I'h: APRIL 3,2019 GRANTOR: SOUTH STAPLES,LLC,a Texas limited liability company GRANTOR'S ADDRESS: P.O. Box 608,Ingleside,TX 78362 GRANTEE: LKM HOMES,INC.,a Texas corporation GRANTEE'S ADDRESS: P.O.Box 270245,Corpus Christi,TX 78427-0245 CONSIDERATION: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration including a note of even date herewith in the principal amount of$284,240.00 executed by Grantee,payable to PLAINS CAPITAL BANK (hereinafter "Lender"). It is secured by a vendor's lien retained in this deed in favor of Lender, and by a Deed of Trust of even date from Grantee to Darrell G. Adams, Trustee. The vendor's lien against and superior title to the property are retained until each note described is fully paid according to its terms, at which time this deed shall become absolute. Lender, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the property that is evidenced by the note described. The vendor's lien and superior title to the property are retained for the benefit of Lender and are transferred to that party without recourse on Grantor. PROPERTY: Lot Eight (8), 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,Pages 628-630,Map Records of Nueces County Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,rights-of-way, whether of record or not; all presently recorded restrictions,reservations, covenants,conditions, oil and gas leases,mineral severances,and other instruments,other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies,conflicts,or shortages in area or boundary lines; and encroachments or overlapping of improvements; taxes for the current year, the payment of which Grantee assumes, zoning laws, regulations and ordinances of municipal and other governmental authority,if any,affecting the property. Grantor,for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property,together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs,executors,administrators,successors,or assigns forever_ Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators,successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. By acceptance of this deed,Grantee acknowledges that Grantor has not made and does not make any representations as to the physical condition of the property, or any other matter affecting or related to the property (other than warranties of title as provided and limited herein). Grantee expressly agrees that to the maximum extent permitted by law,the property is conveyed"AS IS" and "WITH ALL FAULTS", and Grantor expressly disclaims, and Grantee acknowledges and accepts that Grantor has disclaimed, any and all representations, warranties or guaranties of any kind, oral or written, express or implied (except as to title as herein provided and limited) concerning the property, including without limitation, (i) the value, condition, merchantability, habitability,marketability,profitability,suitability of or fitness for a particular use or purpose,of the property;(ii)the manner or quality of the construction,or the materials,if any,incorporated into the construction, of any improvements to the property; and(iii)the manner of repair, quality of repair, state of repair or lack of repair of any such improvements. Grantee has made all inspections of the property to determine its value and condition deemed necessary or appropriate by Grantee. GRANTEE ACKNOWLEDGES THAT GRANTEE IS NOT RELYING ON ANY INFORMATION PROVIDED BY GRANTOR LN DETERMELNING 1'HE PROPERTY CONDITION. By acceptance of this Deed, Grantee specifically assumes all risk, costs and liabilities of whatever nature arising out of the condition of the property. When the context requires,singular nouns and pronouns include the plural. SOUTH STAPLES,LLC,a Texas limited liability company By: GCT PROPERTIES,LTD,a Texas limited partnership,its Managing Member By: SUN"M"MANAGER,L.C..,a Texas limited company,its General Partner /� By: CiLILY.1 -n—P Charlene Thamaraveh7,Manaaaing Member ACCEPTED AND AGREED TO BY GRANTEE: LKM HOMES,INC.,a Texas corp .tion B S It-o • Mikulencak,President (Acknowledgment) THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of April , 2019, by Charlene Thamaravelil, Managing Member of Sun "M" Manager, L.C., a Texas limited company, General Partner of GCT Properties, Ltd., a Texas limited partnership, as Managing Member of South Staples,LLC,a Texas limited liability company,on behalf of said company. NOTARY PUBLIC, STATE OF TEXAS (Acknowledgment) THE STATE OF 11,XAS COUNTY OF NUECES This instrument was acknowledged before me on the 4. day of April ,2019, by Linda K. Mikulencak,President of LKM Homes,Inc.,a Texas corporatio on behalf of said corporati.- tits' .•MARIA MARCEI�A 601VZALEZ ti .•o.• A ek' NOTARY USIA NOTARY PUBLIC, STATE OF 63 N �p IN 12573979-0 k ?*•. .`. State of Texas •:14.oe `•` comm.Exp.06-23-2022 PREPARED IN THE LAW OFFICE OF: Michael J. Shelly,P.C. Attorney at Law 5102 Holly Rd.,Suite A Corpus Christi,Texas 78411 AFTER RECORDING RETURN TO: ACCEPTED AND AGREED TO BY GRANTEE: LKM HOMES,INC.,a Texas corporation By: Linda K.Mikulencak,President (Acknowledgment) THE STA1'b OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the if- day of April ,2019,by Charlene Thamaravelil, Managing Member of Sun "M" Manager, L.C., a Texas limited company, General Partner of GCT Properties, Ltd., a Texas limited partnership, as Managing Member of South Staples,LLC,a Texas limited liability company,on behalf of said company. J ARA i 5C a/ark 'tvRYpU^^.. SAPI�I: (WI( f'�'' gyp. 1082760-7 ) NOTARY PUBLIC STATE OF TEXAS l -` Notary Public p 101 01 STATE OF MOS My Comm.Exp_04-i4-2021 (Acknowledgment) THE STA1`b OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of April ,2019,by Linda K. Mdsulencak,President of LKM Homes,Inc.,a Texas corporation,on behalf of said corporation_ NOTARY PUBLIC,STATE OF TEXAS PREPARED LN THE LAW OFFICE OF: Michael J.Shelly,P.C. Attorney at Law 5102 Holly Rd,Suite A Corpus Christi,Texas 78411 AFTER RECORDING RETURN TO: Texas National Title 4838 Holly Rd. Ste. 100 GF# Corpus Christi, TX 78411 o to Texas National T(tle____----_ -------_--. 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 2EkA+ ! Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi,Texas I l.t `'of alp[ , 201(.0 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill � 1 Colleen McIntyre I A Brian Rosas Lucy Rubio Mark Scott f Carolyn Vaughn f n30919 -I !AlIItCYctn C Nueces County Kara Sands Nueces County Clerk *VG-61-2019-2019032296* Instrument Number: 2019032296 Real Property Recordings CONTRACT Recorded On: August 09, 2019 10:01 AM Number of Pages: 10 " Examined and Charged as Follows: " Total Recording: $43.00 ***********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: 2019032296 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 ;�\N1Y CO(,>/i Nueces County * a, *�, I hereby certify that this Instrument was filed in the File Number sequence on the date/time 4.— H; printed hereon,and was duly recorded in the Official Records of Nueces County,Texas 1.:70101. �i �G�joF S c�Z'/4`' Kara Sands o �`�'NUE,' Nueces County Clerk Nueces County, TX sssvvv