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Home My WebLink AboutC2019-641 - 12/3/2019 - 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, Texas 78427, PlainsCapital Bank (Lienholder) whose address is 500 N. Shoreline Blvd Suite 200 Corpus Christi, Texas 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 51, Block 1, The Promenade, also commonly known by its street address as 1937 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 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. v1 rn WITNESS OUR HAND this"I day of OJflV N ( , 2019. OWN R: LKM Homes, INC. *5'1'<% JESSICA GARCIA ,f l,. Notary Public,Stele of Texas �� Wary IN 12526438.8 0 �J ,,4.-r,z1t: My CortroWon Expires 12-16-2022 �� Com. AittLA _ _ da Mikulencak, Director STATE OF TEXAS § § COUNTY OF NUECES § 1p ar n This instrument was acknowledged before me on this the li liday of ¶'J()V lel►t-LZ f 2019, by Linda K. Mikulencak, Director of LKM Homes, INC. Notary Pub c, S ate of Texas LIENH•LD - PlainsCapital Bank ' t/UL4Zki Stephen Botelho, Executive Vice President '. .a°s YP'< JESSICA .,4 GARCIA ' �\ I . e of Taxan ',„r. STATE OF TEXAS § - . _ _* 0n 2022 § COUNTY OF NUECES § ,�I �,,,, This instrument was acknowledged before me on this the TVday ofVic Q,11VXI , 2019, by Stephen Botelho, Executive Vice President of PlainsCapital Bank I4 Nota ' • 'J -te of Texas Page 2 of 3 City of Corpu Christi: 4.4 By: / 11 ..lb•rt ''aymond III, AIA, CBO Dir•ctc r of Development Services STATE OF TEXAS § COUNTY OF NUECES § Q], This instrument was acknowledged before me on this 3 day of CSC."' 2019, by Albert Raymond III, Director of Development Services Department, of the City of Corpus Christi, home-rule municipal c. •.r ion, on behalf of said corporation. �0p ►VID 0/Zit • Q ,P��puel••.CF??? 2: co:N Notary Public, State of Texas SrgOf^k4(' ;�d TE .j. ?6 ••,L APPROVED AS TO FORM: ( day of �pK? 7 , 2019. X-1/Ze- Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 CR-20A • N---,i ------)-:? L VT Ci) .•4.1:— i Co , • - C ‘;e-CREEK- — The Promenade, _�_ v Block --+8 IP� / -7-7-- 1 I lock 1 , Lot 51 — IHYACINTH 4. -- HIM \ x --- `T / N — --O-- )-- ___ a r-\--- i -FM:2444 l6 a I co git 0 0.125 0.25 0.M;,eS Exhibit "A" °`yap ��9:� N -4:11ael + i , T -X • '' .r '� s Water Contract Location Map CR•22 - 1";0/0 NA. `` Ow " FrA Subject .....i _L—iir CR•20A I OS° v"� Site a..:=} k� City Limits - �-r1 " k ,..0'. 4 :; Cr - - FM'2444• l • w_ II — ' 1O.' r ^t p- Date Created:11/6/2019 Prepared By:JeremyM CR18 l 7." ".". Department of Development Services -H K:IDevelopmentSvcsISHAREDIGIS ProjectslCases12019 Water ContractslThe PromenadelBlk 1,Lt 51 Projected Coordinate System:NAD 1983 StatePlane_Texas South_FIPS_4205_Feet Projection:Lambert_Conformal_Conic ...,..� 2019-201904/998 10/302019 10:56AM Pape 1 of 3 GF # 39496 5f)4"' 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: October %1j.2019 Grantor: South Staples.LLC,a Texas Limited Liability Company Grantee: LKM Homes.Inc. Grantee's Mailing Address: P.O.Box 270245,Corpus Christi.Texas 78427 Consideration: Cash and a note executed by Grantee and payable to the order of PlainsCapital Bank (referred to herein as "Lender") in the principal amount of THREE HUNDRED FORTY-FOUR THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($344,250.00). 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 Darrell G.Adams,trustee. Property(including any improvements): Lot Fifty-One (51), 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, Page 628,Map Records of Nueces County Texas;or more commonly known as: 1937 Magnolia Falls Drive,Corpus Christi,Texas 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 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 Page I of 2 GF No.386805 Warranty Deed with Vendor's Lien 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 Signature Name: C-1-1/1/2-11::"4/ ^(1--4AtA4/1i4L/ Ii r- Title: M4.,4 STA 1'b OF TEXAS ) COUNTY OF tUWZ['_p S ) This instrument was acknowledged before me on -t"- , 2019, by Actri loaf_ Vt t ( , as the thwasrlA .t f of South Staples, LLC,a Texas Limited ••. pany,on its behalf anc fot'the purposes stated herein. I11311NCYSAMOIiADCLC4.ON iL`(r NUtaryID011148484. ��,��, My CUNWmrncrhiitionoL202PrcfI nla- I De Pi Notary Pub , State of Texas NQ- 1 '. I34-81- �l AFTER RECORDING RETURN TO: cG p • m itacit Di, Zo-Lz_- LKM Homes, Inc. P.O. Box 270245 Corpus Christi, Texas 78427 Page 2 of 2 GF No.386805 2019-2019044988 10/30/2019 10:56 AY Pep 3 of 3 Nueces County Kara Sands Nueces County Clerk Instrument Number: 2019044988 eRecording-Real Property DEED Recorded On:October 30,2019 10:56 AM Number of Pages:3 "Examined and Charged as Follows: " Total Recording:$15.00 STATE OF TEXAS NUECES COUNTY ;-* J— , 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. S ,,,,NUE * Kara Sands "" ' Nueces County Clerk n h n Nueces County,TX w **""•"**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: 2019044988 CSC Receipt Number: 20191030000071 2411 Centerville Road,Suite 400 Recorded Date/Time: October 30,2019 10:56 AM User: Lourdes V Wilmington DE Station: CLERK07 Nueces County Kara Sands Nueces County Clerk *VG-61-2019-2019050025* Instrument Number: 2019050025 Official Public Records CONTRACT Recorded On: December 04, 2019 03:28 PM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $35.00 %% STATE OF TEXAS GpoNTY C0011 Nueces County *. , 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 11{ SCA r Kara Sands tNUEC, Nueces County Clerk Nueces County, TX (710A .3C`AdA) T *********** 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: 2019050025 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20191204000133 2406 LEOPARD STREET Recorded Date/Time: December 04, 2019 03:28 PM User: Randall N CORPUS CHRISTI TX 78408 Station: CLERK03