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Home My WebLink AboutC2021-081 - 3/18/2021 - 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 P.O. Box 10316, Corpus Christi, Texas 78460 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 49, Block 1, The Promenade, also commonly known by its street address as 2005 Magnolia Falls, 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. 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 /7 day of ogAtA , 2021. OW R: LKM Homes, LLC c-_e,(zIt (:: Ade--Z ' , Z/ Linda K. Mikulencak, President 0 STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the /7 day of -!6""A , 2021, by Linda K. Mikulencak, President, LKM Homes Inc., a Texas corporation, on behalf of said corporation. LAURA AMAYA 1 F`A o Notary Public,sats of Texas I/ • • My Commission Expires { /AAA, 1- .. .' October 20,2024 •��°'�`� NOTARY 10 352984-0 l�Notary P ic, tate of Texas LIENHOLDER: Charter Bank (...jaes.„‘.._ u.....\) jAly.....te.v.\, Alan Wilson, Vice President STATE OF TEXAS § § COUNTY OF NUECES § I `I"' ' �n This instrument was acknowledged before me on this they. day of Irl kreirl , 2021, by Alan Wilson, Vice President, Charter Bank, on behalf of said entity. 7...–rbriok.,d–i.,o—ika.o.,d..," 1 tt ( V 2•4 : ANNETTE ORTIZ • �� `•: M No ID#125646363 NotaryPublic, State of Texas i� Y t� >rE a.< " Expires April 5,2022 # / City of Corpu / r isti: IIIA By: ii/Ai/b1 /1 ErCe J. Raymond Ill, AIA, CBO Director o/ Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this Iay of �l( _i( (1 V1 , 2021, by Albert J. Raymond III, AIA, CBO, Director of Development Services Department, of the City of Corpus Christi, a Texas home-rule mun..ipal corporation, on behalf of said corporation. a r� _AI I. . . CLQ or Susan Narvaez =` �)� ,, My Commission Expires Nitary Public, State of Texas , u3,,., A .a 01/27/2025 7j _...lr ID No 132892921 OF APPROVED AS TO FORM: day of , 2021. /31,47,./(r) Buck Brice Assistant City Attorney for the City Attorney CR72 OAII J JERK HO I I • Hilit x— The Promenade z— Block 1, Lot 49 II — \ ir 0 U_ / —et vrarF , &ON ..., --,----ir-_-_ _, m IP' VA 11 \ x ARSNl ARf DI�t\ ` Q` — ��r --1^ TA ELK — S— ‘•.. "0":„) IIS- 4 T- .4 v q- ' r • I __, _4r, ` � 1i., ' 1 0 500 1,000 2,000 .r, N Exhibit V�, Feet "A.■ ;;'.f 4 Ain; ` IMME CR 22 4 PUNK] `=4' Water Contract Location Map IIIWIIN�'�ii7�y� `iiiia.��It�� „a1Ja E:,„,,,A . ioiihll�� CR 20A `i, L;. . r�s ` 1 - City Limits r,: ._— FM 24-44. BA 4\-.= Ipit� II Subject Property (M r O . Icif 1� �� —� Lin Cr red y:Ry Prepared®y:RayR i�-+ +— Copal-enema Deva)opirinrServois PrD,HCcatl Coon/maco Syacam:,C713_18 83_SDc►Pla.^i_ra as_S out; F1PS Q05 Fier Proj@COon:Lambert Conro7 a1_Conn' Nueces County Kara Sands Nueces County Clerk *VG-61-2021-2021012798* Instrument Number: 2021012798 Official Public Records CONTRACT Recorded On: March 18, 2021 02:16 PM Number of Pages: 4 " Examined and Charged as Follows: " Total Recording: $29.00 STATE OF TEXAS �o�NtY COt/A Nueces County * ,+, *4, I hereby certify that this Instrument was filed in the File Number sequence on the date/time 4 c �\- Q; printed hereon,and was duly recorded in the Official Records of Nueces County,Texas to. u ~�' Kara Sands Nueces County Clerk 1çJ\o_ 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: 2021012798 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20210318000189 2406 LEOPARD STREET Recorded Date/Time: March 18, 2021 02:16 PM User: Regina C CORPUS CHRISTI TX 78408 Station: CLERK04