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Home My WebLink AboutC2019-466 - 8/9/2019 - NA� Io 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 Community Bank (Lienholder) whose address is 5406 Everhart Road Corpus Christi, Tx 78411, 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 4, Block 3, The Promenade Subdivision, also commonly known by its street address as 706 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 1 of 3 SCANNED e10�1-104 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 C-9-day ofAlt(-6-42- , 2019. OWNR: LKM Homes,,I C. /Linda K. Mikulencak, Director Linda K. Mikulencak, Director STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the C;) day of a64 , 2019, by Linda K. Mikulencak, Director of LKM HOMES, INC. J "/�.. ALS " n A 4 ,,copuN TANYA LYNN LUPER -� 4 s':°3W.E.`_ ID# 12926662-1 i I' t `* t *i Notary Public Otary�'' •-te • ex. A .0s•�,�4a STATE OF TEXAS a ,"`"'Ffr .' My Comm. Exp. 03-21-2021 LIENHOLDER: First Community Bank 11111.- r A._ Jo: :le, 'ice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this thei day of 14-Ct_e_ -4 , 2019, by Joe Ingle, Vice President, of First Community Bank );Y1;,3 TANYA LYNN LUPER > ft I. S/I�..L Ai AP `+�'��`�°"'•: ID# 12926662-1 �- = Notary • ;ts «: Notary Public �'•� :t. e : as a •°°r `,ps STATE OF TEXAS ? , a ''';!rE ''''.= My Comm. Exp. 03-21-2021 Page 2 of 3 City of Corpus Christi: ATTEST: By: B� �-- : 72-4 J By: Re ecca Huerta Nina Nixon endez, FAICP City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this qday of Al US—k 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi Texas home-rule municipal corporation, on behalf of said corporation. 4;;;;;;;;\ ALYSHA SARA BERLANGA /u.> A I _Li + 'rf �° ID# 13097332-0 ' I& • 6 ' Notary Public Notary Public, State of Texas �'r��t�-•may,:'.` F:ATE OF TEXAS My Comm. Exp. 01-19-2021 STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on this V day of 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services Dep dent, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. ULTRA V PENA — \ VIS) j :pt.' e A NOTARY PUBLIC '"` Q Notary Public, State of Texas ;y,+.,•'� :*�: State of Texas Comm.Exp.12-022019 APPROVED AS TO FORM: ` day of () " f , 2019. 1./L•C/4 /,{e Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 CR 20A i The Promenade, 1"„' Block 3, Lot 4 111 ce piwv40311 is ....... ti _, ..__ I E- EEK— Corea i F-' - BP 1 CHYACI�NTH� Pill irl us m co 4 — N all all a PP DSC FM:2444 l 1G I 4 el d it a ^itv v t \\, ;,. N ° °.,2_5 0.5 � Miles Exhibit "A" ,, y ___ ,+- MF 'qi ,!t•ci. Water Contract Location Map I U CR•22* `a RST°v,. ��, Subject Property 11IIi� °sr��/62 SOUTHI1pRAIRIE CR 20A site _,7 } City Limits rz m , tt11 RD v tcsi l BARNA Ni aFM2444 �°L _ I �t Z �° v Y �y9 Date Created:8/112018 ce Prepared By:JeremyM CR 18—. — Department of Development Services K:IDevelopmentSvesISHAREDIGIS ProjectslCases12019 Water ContractslThe PromenadelBlk 3,Lt 4 Iiii I Projected Coordinate System:NAD 1983_StatePlane_Texas South_FIPS_4205_Feet Projection:Lambert Conformal Conic Doc# 2019020525 G F# 36-T-115493-MG Texas National Titl GENERAL 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. DATE: MAY 24 ,2019 GRANTOR: SOUTH STAPLES, LLC, A TEXAS LIMITED LIABILITY COMPANY GRANTOR'S ADDRESS: PO BOX 608,INGLESIDE TX 78362 GRANTEE: LKM HOMES,INC.,A TEXAS CORPORATION GRANTEE'S ADDRESS: PO BOX 270245,CORPUS CHRISTI TX 78427 CONSIDERATION: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration including an amount represented as a portion of a note of even date herewith in the principal amount of$352,000.00,executed by Grantee, payable to FIRST COMMUNITY 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 KEVIN M. MARAIST,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 Four(4), 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. 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 Iaw,the property is conveyed"AS IS"and"W M 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 or fitness of a particular use or purpose, of the piuperty; (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 inspection 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 IN DETERMINING THE 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. 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 ft urn and exceptions to conveyance and warranty_ When the context requires,singular nouns and pronouns include the plural. SOUTH STAPLES LLC,A TEXAS LIMITED TED 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: —v' . CHART ENE THANLAR 1VI+LIL, Managing Member ACCEPTED BY GRANTEE: LKM HOMES,INC..,a Texas Corporation BY: JOHN MI KUL.EIVCAK,Vice President 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 or fitness of 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 inspection 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 IN DETERMINING THE 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. 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. 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: CHARLENE THAMARAVELIL, Managing Member ACCEPTED BY GRANTEE: LKM HOMES,INC.,a Texas Corporation BY:40001 ./ JO:!: I I ENCAK,Vice President (Acknowledgment) THE STAT h OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of W-44 ,20 I 1b by CHARLENE THAMARAVELIL, Managing Member of SUN "M" MANAGER, L.C., a Texas limited company,on behalf of said entity as General Partner of GCT PROPERDES,LTD.,a Texas limited partnership, on behalf of said entity as Managing Member of SOUTH STAPLES,LLC,a Texas limited liability company. 1 ' LLERS �f MARY AN SE NNOTARY PUB '" OF TEXAS t ro: c• NOTARY PUBLIC 1 ID#1077280-8 S: �= State of Texas C ti '•.?FoF� antnExp-02-1$-2921 Ill!!lIJJJl//JlJ'ldl� (Acknowlerivnent) THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of ,20 ,by JOHN MIKULENCAK,Vice President of LKM HOMES,INC.,a Texas corporation;on behalf of said entity. NOTARY PUBLIC,STATE OF TEXAS PREPARED IN THE LAW O]HCE OF: MICHAEL J.SHELLY,P.C. 5102 HOLLY RD,STE A CORPUS CHRISTI,TX 78411 AFTER RECORDNG RETURN TO: (Acknowledgment) THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of ,20 ,by CHARLENE THAMARAVELIL, Managing Member of SUN "M" MANAGER, L.C., a Texas limited company,on behalf of said entity as General Partner of GCT PROPERTIES,LTD.,a Texas limited partnership, on behalf of said entity as Managing Member of SOUTH STAPLES,LLC,a Texas limited liability company. NOTARY PUBLIC,STATE OF TEXAS (Acknowledgment) THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the/2.4 day of t u"'"1 ,201 q ,by JOHN MIKULENCAK,Vice President of LKM HOMES,INC.,a Texas corpdction,on behalf of s;: -ntity. '111/11i 1i4 s; a :MSARA DARYPBNOTARY P_ LIC, STATE OF t,4iI ' 7,4 State of Texas ti o �t Comm.Exp.d6 23 X022 PREPARED IN THE LAW OFFICE OF: MICHAEL J.SHELLY,P.C. 5102 HOLLY RD,STE A CORPUS CHRISTI,TX 78411 AFTER RECORDING RETURN TO: Texas National Title 4838 Holly Rd. Ste. 100 Corpus Christi, TX 78411 GF# -T.- 1151-931M: Texas National Tit 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 Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi,Texas 1(Jof (;L , 201co The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill _ Al Colleen McIntyre /ly, Brian Rosas Lucy Rubio Mark Scott r Carolyn Vaughn n30919 tnlniCYcn Nueces County Kara Sands Nueces County Clerk *VG-61-2019-2019032298* Instrument Number: 2019032298 Real Property Recordings CONTRACT Recorded On: August 09, 2019 10:01 AM Number of Pages: 11 " Examined and Charged as Follows: " Total Recording: $47.00 ***********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: 2019032298 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 oJNtY CO(/l Nueces County ts *1,, I hereby certify that this Instrument was filed in the File Number sequence on the date/time c \� Q; printed hereon,and was duly recorded in the Official Records of Nueces County,Texas y1) S . Kara Sands lhOFNUECt,'_ ) cudii) �� Nueces County Clerk Nueces County, TX