HomeMy WebLinkAboutC2021-078 - 1/11/2021 - 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, LLC (Owner), whose address P.O. Box 270245 Corpus Christi, Texas 78427, Charter
Bank (Lienholder) whose address is 801 Navigation Corpus Christi, Texas 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 13, Block 2, The Promenade, also commonly known by its street
address as 733 Battle Creek, 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 30 day of DeCemher , 2020.
OWNER: LKM Home In .
'n.a ikulencak, President,
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on this the 20 day of DeC2rn.Jer ,
20.2Q, by Linda K. Mikulencak, President, LKM Homes Inc. a Texas corporation, on behalf of
said corp r�tig.Q..„_,_ o_,, „ ,,„ ,
•••'F 'P; MONIQUE PINEDA
ref �.;
i; n. 10# 13092088-7
• ', Notary Public
''.�s`••. c.X STATE OF TEXAS
''�0?, .••'''' My Comm. Exp. 12-05-2024Notary Public, State of Texas
.r-..-.r.. ..v v v
LI NHO 4arter Bank
lb
Aart A tisor -Executive Vice President
AARON ANDERSON, VICE PRESIDENT
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on this the )H day of it,L e'n Le-G' ,
20 1L, by late-Wtlsen-Exeerttive-Vice President, Charter Bank, on behalf of said entity.
AARON ANDERSON, VICE PRESIDENT
REBECCA ANN HINOJOSA (-2.t...tee—z=k, '��b c fl��
` Nota Public, State of Texas
a' i� * M Notary 1D#136066391 ry
:•; �\ I January 5,2023
--;:\,F...� Expires
' OF
Page 2 of 3
City of Corpus ,hri ti:
By:
Albert 4. `ay' and III, AIA, CBO
Direc or of levelopment Services
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this day of '(.1-cOokt.g0
201, by Albert J. Raymond III, AIA, CBO, Director of Development Services Department, of the
City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation.
t'0. °�B� ULTRA V PENA ( C-[! .t; — — \I'
c ?Q.
=��� Notary ID#126029965 I Notary Public, State of Texas
� V. My Commission Expires
December 6, 2023
)Ci
APPROVED AS TO FORM: day of � , 20
X-r4-€4
Buck Brice
Assistant City Attorney
for the City Attorney
Page 3 of 3
Nueces County
Kara Sands
Nueces County Clerk
II
'VG-61-2021-2021001548'
Instrument Number: 2021001548
Official Public Records
CONTRACT
Recorded On: January 11, 2021 02:30 PM Number of Pages: 4
" Examined and Charged as Follows: "
Total Recording: $29.00
STATE OF TEXAS
Gpp V Y Co(/ 1
I Nueces County
* *�� I hereby certify that this Instrument was filed in the File Number sequence on the date/time
i,, ��� ti i printed hereon, and was duly recorded in the Official Records of Nueces County,Texas
/, S 475
,iNu���S~�' Kara Sands
°F
P NUE Nueces County Clerk
Nueces County, TX
***********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: 2021001548 DEVELOPMENT SERVICES CITY OF CC
Receipt Number: 20210111000179 2406 LEOPARD STREET
Recorded Date/Time: January 11, 2021 02:30 PM
4 User: Brenda R CORPUS CHRISTI TX 78408
Station: CLERK01