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Home My WebLink AboutC2019-474 - 8/19/2019 - 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 27025 Corpus Christi, Tx, 78427, Charter Bank (Lienholder) whose address is 801 Navigation Blvd. #100 Corpus Christi, Tx, 78408, 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 52, Block 1, The Promenade Subdivision, also commonly known by its street address as 1933 Magnolia Falls 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 `tH day of CLUOIL-g-A_i___. , 2019. O u?"e ER: LKM Homes, INC. /Linda K. Mikulencak7 y.,j,�- L'nda K. Mikncak, Director STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 'I-qday of CLC(C LL--YG 2019, by Linda K. Mikulencak, Director of LKM HOMES, INC. (> isss"" U KENDRA J.ATWOOD 1 1 * n Notary ID 12499375-7 2/ a ' ',1 0 '�,- My Commission Expires . . / 4',' . July 19, 2020 N. ary Publi , Sate of Texas LIENHOLDER: Charter Bank DAA.O. , f /L\---- Alan Wilson, Executive Vice President STATE OF TEXAS § § COUNTY OF NUECES § ll This instrument was acknowledged before me on this the��. day ofAtt_9(kC1-- , 2019, by Alan Wilson, Executive Vice President, of Charter Bank ''''''' ANNETTE ORTIZ i , , Oil '* ;� 4= My Notary i�#1 Expires �5� Notary Public, State of Texas Page 2 of 3 City of Corpus Christi: ATTEST: By: 4By: 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 Iday of PcVt31)35-1--2019, by Rebecca Huerta, City Secretary, of the City of Corpus ChrisTexas home-rule municipal corporation, on behalf of said corporation. n f n I 4"7; ALYSHA SARA BERLANGA 1'49,/k, ID# 13097332-0 E. ; Notary Public No Public, State of Texas s�L SIVE OF TEXAS My Comm. Exp. 01-19-2021 � -se' vvv vvvv ' STATE OF TEXAS § COUNTY OF NUECES441 § This instrument was acknowledged before me on this I day ofU S� , 2019, by Nina Nixon-Mendez, FAICP, Director of Development Services Depa ent, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. P;;e. ULTRA V PENA + (, iiF•-„i.Gn; NOTARY PUBLIC t' * f T State of ' Notary Public, State of Texas Comm.Exp.12-02-2019 APPROVED AS TO FORM: 1‘ day of tYGI.5 S , 2019. ,A4v6A ) v‘if/s.tt Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 CR 2OA .- 6._ 6. ..... ...... ........... ll - ilk E=CREEK- — COMM: « II/9/'/\ ....._ y416 ' ' HYACINTH1 N The Promenade, Block 1 , Lot 52 '1 / A� N ^--7-- g ___ty_+______ ___a FM 2444 1 1 a ,- co er Li Li C.) #N4 U S \ , 0 0.125 0.25 0.5 oppus°Nq N Miles Exhibit "A" ° X VN . .,,_;5 . ,,______,. , „,„ ......... i f el I tx - Water Contract Location Map ` CR•22 V �p`' !ID k'S SomHP�I� `` T°""��%' Subject Property Y RAE CR20A °s,, ' it?-41 F ZoliSite _;A> City Limits cp\ RD U ua �, - 1 FM;2444 'I BARN_ Ott zS° Date Created:8H/2019 re Prepared By:Jeremyu ICON CR 18—i ( Pro rads% t of Devenadet iServlees2 -H K:IDevelopmentSvcsISHAREDIGIS ProjectslCasesl2019 Water ContractslThe PromenadelBik 1,Lt 52 Projected Coordinate System:NAD_1983 StatePlane Texas South_FIPS_4205 Feet Projection:Lambert Conformal Conic 2019 -2019027492 07/11/2019 10.31AM Page 1 of 3 GF # q3-1a30P2 Stewart Title Company NOTICE OF CONFIDENTIALITY 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. Warranty Deed with Vendor's Lien Date: July 1 ,2019 Grantor: South Staples, LLC., a Texas Limited Liability Company Grantee: LKM Homes, Inc., a Texas corporation Grantee's Mailing Address: P.O.Box 270245, Corpus Christi,TX 78427 Consideration: Cash and a note executed by Grantee and payable to the order of CHARTER BANK (referred to herein as "Lender") in the principal amount of THREE HUNDRED FIFTY-FIVE THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($355,300.00). The note is secured by a first and superior vendor's lien and superior title retained in this deed in favor of Lender and by a first-lien deed of trust from Grantee to Sid Ridlehuber,trustee. Property (including any improvements): Lot Fifty-Two (52), Block One (1), 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; or more commonly known as: 1933 Magnolia falls Dr., Corpus Christi,TX 78415. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: All valid easements, restrictions, covenants, mineral reservations and maintenance fund liens, if any, applicable to the above described property as shown by the records of the county clerk of the county in which said real property is located; taxes for the current year, the payment of which Grantee assumes; and all 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 Conveyance and the 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 way belonging, to have Page 1 of 2 GF No.437939 2019 -2019027492 07/11/2019 10:31AM Page 2 of 3 Warranty Deed with Vendor's Lien and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 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 will 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. The first and superior vendor's lien against and superior title to the Property are retained for the benefit of Lender and are transferred to Lender without recourse against Grantor. When the context requires, singular nouns and pronouns include the plural. South Staples, LLC., a Texas Limited Liability Company By: Charlene Thamaravelil, its al.L5'. .- STATE OF TEXAS ) COUNTY OF N J�( QS ) This instrument was acknowledged before me on --17\1 9 , 2019, by Charlene Thamaravelil, as the c.,'. - of South taples, LLC., a Texas Limited Liability Company, on its behalf and for the purpo es stated herein. l f Notary Public, State of Texa I AFTER RECORDING RETURN TO: LKM Homes, Inc., a Texas corporation TESSA RANGEL P.O. Box 270245 Notaryco Public State of 130971082 Texas Corpus Christi,TX 78427 My nmisslo�# My Comm.Exp.May.10,2021 Page 2 of 2 GF No.437939 Nueces County Kara Sands Nueces County Clerk *VG-61-2019-2019034220* Instrument Number: 2019034220 Real Property Recordings CONTRACT Recorded On: August 21, 2019 03:13 PM Number of Pages: 7 " Examined and Charged as Follows: " Total Recording: $31.00 ***********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: 2019034220 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20190821000150 2406 LEOPARD STREET • Recorded Date/Time: August 21, 2019 03:13 PM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK02 STATE OF TEXAS PONTy CO11 i3O Nueces County * �. *1,� I hereby certify that this Instrument was filed in the File Number sequence on the date/time r\a u3 printedthereon,and was duly recorded in the Official Records of Nueces County,Texas o�4 �cyS ~4' Kara Sands ' h OF NUEO�S- � Nueces County Clerk kCtila•-.3a4c/4) Nueces County, TX