HomeMy WebLinkAboutC2021-135 - 5/13/2021 - 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, Prosperity
Bank (Lienholder) whose address is 921 N Water Street, 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 9, Block 3, The Promenade, also commonly known by its street address
as 726 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 ;.)t day of t \` , 2021.
OWN LKM Home1 . /
d K. Mikulencak, President
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on this the,2( ay ofd
2021, by Linda K. Mikulencak, President, LKM Homes Inc. a Texas corpora ion, on behalf of
said o QQrl_
op pj'; KENDRA ATWOi.**07:71
:i * NPubli ,Stateas
( : E : gj
CExpies �/�-7 c tiV q•
of Public, Sta a of Texas
LIENHOLDER: Prosperity Bank
L----"\/?Idji
Trixy Saldi ar, nior Vice President
40.111.V�s
"' KENDRA ATWOOD
i
_. .c+:Notary Public,State of Texas
STATE OF TEXAS Expires 07-19-2024
§ Comm.'%'koF� Notary ID 12499375-7
COUNTY OF NUECES §
This instrument was acknowledged before me on this the ,(U tiay of A Or
2021, by Trixy Saldivar, Senior Vice President, Prosperity Bank, on behalf of said entity.
) 2)/Nii
Not ry Public, State of Texas
Page 2 of 3
I
City of Corpus Chi.'= r:
VW
By: 44
Albert 4. Ra , and III, AIA, CBO
Direc or of ►ievelopment Services
STATE OF TEXAS §
COUNTY OF NUECES § , ` (�
This instrument was acknowledged before me on this � �' day of V W" ,
2021, by Albert J. Raymond III, AIA, CBO, Director of Development Services Dep ment, of the
City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation.
:li`a.�' NotaUryLTIRDA Kv12p60ENA CiAy-u, \(, SQ)1t,l
29965
4•41L4,4. My Commission Expires Notary Public, State of Texas
0770,'' December 6,2023
i
APPROVED AS TO FORM: ` day of tic
-i
, 2021.
'15/4/d1 ei,(:&4
Buck Brice
Assistant City Attorney
for the City Attorney
I
I
Page 3 of 3
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Department of Development Servlc
Projected Coordinate System:NAD_1983_StatePlane_Texas_South_FIPS_4205 Fe
Projection:Lambert Conformal Cor.
Nueces County
Kara Sands
Nueces County Clerk
*VG-61-2021-2021024204*
Instrument Number: 2021024204
Official Public Records
CONTRACT
Recorded On: May 13, 2021 01:49 PM Number of Pages: 5
" Examined and Charged as Follows: "
Total Recording: $33.00
STATE OF TEXAS
Gp�NTY CoU4,) Nueces County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
Nb.�� „, printed hereon,and was duly recorded in the Official Records of Nueces County,Texas
S II 1). Kara Sands
o
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: 2021024204 DEVELOPMENT SERVICES CITY OF CC
Receipt Number: 20210513000162 2406 LEOPARD STREET
Recorded Date/Time: May 13, 2021 01:49 PM
User: Lourdes V CORPUS CHRISTI TX 78408
Station: CLERK03