HomeMy WebLinkAbout08633 ORD - 10/25/1967Hti:7-ly O(
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5 AN ORDINANCE
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AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EkE�OT�, FUFF%IND ON BEHALF OF TIC CITY OF CORPUS
CHRISTI, A LEASE AGREEMENT WITH W. E. BRANDESKY
CID RING 5.9 ACRES OF LAND LOCATED ON THE WEST-
SIDE SEWER PLANT SITE, FOR FARMING AND AGRICUL-
TURAL PURPOSES IN ACCORDANCE WITH THE TERMS AND
PROVISIONS OF SAID LEASE AGREEMENT, SAID AGREE -
WNT BEGINNING AUGUST 15, 1967 AND ENDING
AUGUST 14, 1972.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI
IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY, TO
EXECUTE A LEASE AGREEMENT WITH W. E. BRANDESKY, COVERING 45.9 ACRES
OF LAND SITUATED IN NUECES COUNTY,' TEXAS, ON THE WESTSIDE SEWER PLANT
SITE FOR THE FOLLOWING DESCRIBED LAND:
1'
A PORTION OF TRACTS 13 AND 14 OF THE WM. J.
ROBERTSON TRACT AS SHOWN BY MAP OR PLAT OF SAID
ADDITION, OF RECORD IN VOL. 3, PAGE 31 OF THE
MAP RECORDS OF NUECES COUNTY, TEXAS, AND A POR-
TION OF LOT 1, FRACTIONAL SECTION 15 OF THE -
�',� BOHEMIAN COLONY LANDS OF RECORD IN VOL. A, PAGE
48 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS,
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT 14 OF
THE WIN. J. ROBERTSON TRACT FOR THE SOUTHEAST COR-
NER OF THIS TRACT;
THENCE N. 61° 161 10" W 533.10 FEET TO A POINT FOR
A CORNER OF THIS TRACT;
' THENCE N. 29° OOZE 2558.00 FEET TO A POINT IN THE
SOUTH BOUNDARY LINE OF SARATOGA ROAD FOR THE NORTH-
WEST CORNER OF THIS TRACT;
THENCE S. 61° 291 td' E 774.22 FEET TO A POINT FOR ,
A CORNER OF THIS TRACT;
THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE MEAND-
ERS OF THE WEST ARM OF THE OSO CREEK TO A POINT 580
FEET MEASURED AT RIGHT ANGLES FROM THE SOUTH BOUND-
ARY LINE OF SARATOGA ROAD FOR A CORNER OF THIS TRACT;
THENCE 61° 301E 1082 FEET MORE OR LESS TO A POINT IN
THE WEST BOUNDARY LINE OF GREENWOOD DRIVE FOR A COR-
NER OF THIS TRACT;
THENCE S. 29° OOIW ALONG THE WEST BOUNDARY LINE OF
GREENWOOD DRIVE 1980 FEET TO A POINT, N. 61° 301 W,
20 FEET FROM THE SOUTHEAST CORNER OF LOT 1, SECTION
15, BOHEMIAN COLONY LANDS, FOR A CORNER OF THIS TRACT;
8633
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THENCE N. 61° 30'W 1121.10 FEET TO THE PLACE
OF BEGINNING.
CONTAINING 83.6 ACRES, MORE OR LESS, OF WHICH ONLY
APPROXIMATELY 49.9 ACRES ARE ACCESSIBLE FOR FARMING.
CONTAINING A NET ACREAGE OF 45.9 ACRES OF LAND, FOR FARMING
AND AGRICULTURAL PURPOSES ONLY, FOR ,A• TERM OF FIVE (5) YEARS, BEGINNING
AUGUST 15, 1967, AND ENDING AUGUST 14, 1972, IN ACCORDANCE WITH THE
TERMS AND PROVISIONS OF THE FORM OF LEASE AGREEMENT PRESCRIBED BY
ORDINANCE No. 5677, PASSED AND APPROVED BY THE CITY COUNCIL ON THE
24TH DAY OF FEBRUARY, 1960, WITH THE EXCEPTION THAT IN ADDITION TO THE
ONE - THIRDS AND ONE - FOURTHS CROP RENTALS PROVIDED IN SAID LEASE FORM,
THE LESSEE AGREES TO PAY AN ANNUAL CASH RENTAL OF SEVENTY -THREE AND
90100 DOLLARS ($73.90).
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THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF'! `
BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
• TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED 11CITY", AND
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W_ F. PA1NAFmkY ) OF NuF ets t COUNTY, TEXAS, 4
HEREINAFTER CALLED LESSEE, * -
} W I T N E S S E T H a
THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DEMISE
UNTO THE SAID W F. BRANncmky THE FOLLOWING DESCRIBED,
PREMISES, TO -WIT:
A PORTION OF TRACTS 13 AND 111 OF THE J.
ROBERTSON TRACT AS SHOWN BY MAP OR PLAT OF SAID
ADDITION, OF RECORD IN VOL. 3, PAGE 31 OF THE
MAP RECORDS OF NUECES COUNTY, TEXAS, AND A POR-
TION OF LOT 1, FRACTIONAL SECTION 15 OF THE
BOIIEIIIAN COLONY LANDS OF RECORD IN VOL. A, PAGE
118 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS,
MORE PARTICULARLY DESCRIDED BY METES AND BOUNDS
AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF TRACT 111 OF
THE WM. J. RODERTSON TRACT FOR THE SOUTHEAST COR-
_ NER OF THIS TRACT;
THENCE N. 610 161 10° w 533.10 FEET TO A POINT FOR
A CORNER OF THIS TRACT;
THENCE N. 29° 001E 2558.00 FEET TO A POINT IN THE
SOUTH BOUNDARY LINE OF SARATOGA ROAD FOR TIIE NORTH-
WEST CORNER OF THIS TRACT;
THENCE S. 61° 291 1011 E 7711.22 FEET TO A POINT FOR
A CORNER OF THIS TRACT;
THENCE 114 A SOUTHWESTERLY DIRECTION ALONG THE MEAND-
ERS OF THE WEST ARM OF THE OSO CREEK TO A P0114T 580
FEET MEASURED AT RIGHT ANGLES FROM THE SOUTH BOUND-
ARY LINE OF SARATOGA ROAD FOR A CORNER OF THIS TRACT;
THENCE 61° 301E 1082 FEET MORE OR LESS TO A POINT IN s
THE WEST BOUNDAPi LINE OF GREENWOOD DRIVE FOR A COR-
NER OF THIS TRACT;
1 THENCE S. 29' 017111 ALONG THE WEST BOUNDARY LINE OF
GREENWOOD DRIVE 1988 FEET TO A POItIT, N. 61° 301 W,
20 FEET FROM THE SOUTHEAST CORNER OF LOT 1, SECTION
15, BOHEMIAN COLONY LANDS, FOR A CORNER OF THIS TRACT;
THENCE N. 61° 30114 1121.10 FEET TO THE PLACE
OF BEGINNING. _
CONTAINING 83.6 ACRES, MORE OR LESS, OF WHICH ONLY
APPROX IIIATELY 115.9 ACRES ARE ACCESSIBLE FOR FARMING.
' THEREOF IS SOLD IN THE FIELD WITHOUT HARVESTING COST TO HIM,
THE RENT WILL BE ONE -THIRD OF THE PROCEEDS OF SUCH SALE IN-
STEAD OF ONE- FOURTH.
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FOR ALL ACRES TO BE PLANTED IN FEED, LESSEE AGREES TO
PAY A SHARE RENTAL OF ONE -THIRD (1/3) OF THE VALUE OF SUCH
FEED, AND SHOULD LESSEE PLANT ANY PART OF SAID LEASED PRE-
MISES IN SUDAN, RHODES GRASS OR ANY OTHER FEED AND RETAIN
THE SAME FOR HOME USE HE SHALL PAY MONEY RENT THEREFOR ON THE .,
BASIS OF WHAT THE OTHER FEED GROWN ON SAID LEASED PREMISES ~
A'
AVERAGED PER ACRE ON THE MARKET. IT IS AGREED THAT CITY
a•s .
SHALL PAY ONE -THIRD OF THE HAULING EXPENSE FOR HARVESTING '
ALL GRAIN CROPS, AND SAID LESSEE SHALL PAY TWO- THIRDS OF SUCH w
HAULING EXPENSE, BUT THAT LESSEE SHALL BEAR THE EXPENSE OF COM-
BINING GRAIN. LESSEE SHALL GIVE NOTICE TO THE CITY THAT SUCH
CROPS ARE BEING HARVESTED. r
(B) IN ADDITION THERETO, LESSEE AGREES TO PAY THEREFOR AS
RENTAL A YEARLY CASH BONUS PER ACRE OF S i XTEEW&-iWOODO L LARS
($ 16, 10 ), BEING A TOTAL YEARLY CASH BONUS OF
SEVENTY -TNREE :< W1100 -DOLLARS ($73.90 ),PAY-
ABLE IN ADVANCE AS FOLLOWS:
UPON EXECUTION OF TNIS LEASE.
2. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO BE
USED FOR AGRICULTURAL PURPOSES ONLY. THAT SAID PREMISES ARE NOT TO BE USED
FOR ANY OTHER PURPOSE THAN THESE HEREIN SPECIFIED UNLESS CONSENTED TO BY
THE CITY IN WRITING. ,
3. LESSEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY PORT60N
THEREOF WIT'H'OUT THE CONSENT OF THE CITY IN WRITING.
4. IT 15 FURTHER UNDERSTOOD THAT LESSEE SHALL KEEP A TRUE AND
ACCURATE BOOK OF ACCOUNTS REGARDING ALL BUSINESS MATTERS PERTAINING TO THE
ABOVE DESCRIBED CULTIVATION OF THE PREMISES HEREBY LEASED, AND THAT SUCH
BOOKS SHALL BE OPEN TO INSPECTION BY THE CITY.'!
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5. ALL ACTION BY THE CITY IN CONNECTION WITH THE PERFORMANCE OF
THIS CONTRACT, INCLUDING NOTICES TO THE CITY, SHALL BE BY AND TO THE CITY
MANAGER OR A PERSON DESIGNATED BY HIM.
6. IT IS UNDERSTOOD THAT THE CITY RESERVES THE RIGHT TO SELL OR
LEASE FOR A USE DIFFERENT FROM THE PRESENT USE, ALL OR ANY PART OF THE HEREIN
LEASED LAND AT ANY TIME DURING THE TERM OF THIS LEASE. SHOULD THE PROPERTY
BE SOLD OR LEASED BEFORE THE EXPIRATION DATE HEREOF AND THE PURCHASER OR
LESSEE NOT BE WILLING TO TAKE THE SAME SUBJECT TO THIS LEASE AND DEMANDS
IMMEDIATE POSSESSION, THEN THE LESSEE AGREES TO VACATE AND GIVE POSSESSION
AT ANY TIME WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF NOTICE TO VACATE.
SHOULD IT BECOME NECESSARY FOR LESSEE TO VACATE IN CASE OF A SALE OR LEASE,
THEN THE CITY SHALL PAY LESSEE FOR THE LAND OR PORTION THEREOF SO VACATED
THE FOLLOWING AMOUNTS, TO -WIT% '
IF THE LAND HAS BEEN PLOWED AND PREPARED FOR A NEW CROP,
BUT BEFORE THE CROP HAS BEEN PLANTED, THE ACTUAL EXPENSE '
OF WORKING THE ACREAGE VACATED, PLUS $5.00 PER ACRE. IF
AFTER THERE IS A GROWING CROP, THEN THE AVERAGE RETURN ON AN
ACREAGE BASIS THAT LIKE CROPS BRING ON UNSOLD LAND COVERED BY
THIS LEASE, OR IF NO UNSOLD LAND COVERED BY THIS LEASE, OR IF
NO UNSOLD LAND THEN ON SIMILAR LAND IN THE IMMEDIATE VICINITY.
ANY PAYMENTS SO MADE SHALL BE IN PROPORTION TO THE TENANT'S
SHARE OF THE CROP UNDER THIS LEASE, LESS HARVESTING COSTS.
7. THIS LESSEE AGREES THAT HE WILL'PAY FOR ANY AND ALL DAMAGES
TO ANY UTILITY LINES OR EQUIPMENT LOCATED ON SAID LAND WHICH MAY BE INCURRED
BY HIS FARMING OR AGRICULTURAL OPERATIONS OR TO REPLACE ALL SUCH LINES IN-
JURED OR DESTROYED AS A RESULT OF HIS AGRICULTURAL OPERATIONS.
S. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES
BEING LEASED BY HIM.
9. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTER, AND SHALL KEEP THE SAID PREMISES
IN GOOD REPAIR AT HIS OWN EXPENSE, AND AT THE END OF THE EXPIRATION OF THE
TERM OF THIS LEASE, SHALL DELIVER UP THE DEMISED PREMISES IN GOOD ORDER AND
CONDITION, AS SAME ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE
ELEMENTS ONLY EXCEPTED.
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10. THE LESSEE AGREES NOT TO USE SAID PREMISES FOR ANY ILLEGAL
OR IMMORAL PURPOSES AND AGREES TO CONFORM TO ALL THE LAWS OF THE STATE OF
TEXAS, THE UNITED STATES, AND ALL RULES SET OUT BY THE CITY MANAGER OF THE
CITY OF CORPUS CHRISTI, TEXAS, FOR THE OPERATION OF THE LEASED PREMISES.
11. THE LESSEE SHALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVER-
AGES ON THE DEMISED PREMISES; AND WILL NOT PERMIT SMOKING IN ANY PLACE WHERE
SUCH WOULD BE A FIRE HAZARD AND WILL AT ALL TIMES DISPLAY "No SMOKING" SIGNS
WHERE DESIGNATED BY THE CITY OR THE CITY FIRE DEPARTMENT.
12. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDI-
NANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES, AND ALL
ORDERS AND REQUIREMENTS IMPOSED BY THE HEALTH, SANITATION AND POLICE DEPART-
MENTS OF THE CITY, FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES
IN, UPON OR CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT
HIS OWN EXPENSE.
13. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT
ANY TIME DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING
THE SAME IN ORDER TO DETERMINE WHETHER THE TERMS OF SAID LEASE ARE BEING
OBSERVED AND CARRIED OUT.
` 14. THE LESSEE FURTHER AGREES THAT IN CASE OF ANY DEFAULT IN ANY :
OF THE COVENANTS AND CONDITIONS OF THIS LEASE, THE CITY MAY ENFORCE THE PER-
FORMANCE THEREOF IN ANY MODES OR MANNER PROVIDED BY LAW; AND MAY DECLARE THE
LEASE FORFEITED AT ITS DISCRETION, AND IT, ITS AGENTS, OR ATTORNEY SHALL y
HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMAND, TO RE -ENTER AND REMOVE ALL
PERSONS THEREFROM, WITHOUT BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS
AND WITHOUT PREJUDICE TO ANY REMEDIES FOR ARREARS OF RENT OR BREACH OF
COVENANT, OR THE CITY, ITS ATTORNEYS OR AGENTS, MAY RESUME POSSESSION OF
THE PREMISES AND RE -LET THE SAME FOR THE REMAINDER OF THE TERM OF THIS
LFASE AT THE BEST RENT THEY MAY OBTAIN, FOR THE ACCOUNT OF THE LESSEE, WHO
WILL MAKE GOOD ANY DEFICIENCY; AND THE CITY (LESSOR) SHALL HAVE A LIEN AS
SECURITY FOR THE RENT AFORESAID, OR ANY RENT DUE AND UNPAID UNDER SAID
LEASE, UPON ALL CROPS, GOODS, WARES, CHATTELS, IMPLEMENTS, FIXTURES,
FURNITURE, TOOLS AND OTHER PERSONAL PROPERTY WHICH ARE NOT LOCATED ON SAID
PREMISES OR WHICH MAY BE PLACED ON SAID PREMISES BY THE LESSEE, WHICH LIEN
SHALL BE CUMULATIVE OF THE STATUTORY LIEN CREATED BY LAW AND IN ADDITION
THERETO.
15. LESSEE AGREES TO SAVE AND KEEP HARMLESS THE CITY OF CORPUS
CHRISTI, TEXAS (LESSOR), FROM ANY AND ALL CLAIMS OR DAMAGES OF ANY NATURE
WHATSOEVER DUE TO ANY NEGLIGENCE OF LESSEE OR THEIR EMPLOYEES IN THE OPERA -
TION OFp THE LEASED PREMISES.
16. THE CITY SHALL HAVE THE RIGHT AT ANY AND ALL TIMES OF INGRESS,
EGRESS AND REGRESS ON AND OVER SAID PREMISES FOR THE PURPOSE OF CONDUCTING
AND CARRYING ON ANY BUSINESS INCIDENT TO OTHER ACTIVITIES OF THE SAID CITY.
WITNESS THE EXECUTION HEREOF IN DUPLICATE ORIGINALS, EACH OF WHICH
IS TO BE CONSIDERED AS AN ORIGINAL, THIS THE DAY OF y
19 67
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST: - By
CITY MANAGER
CITY SECRETARY LESSOR
APPROVED AS TO LEGAL FORM THIS THE
DAY OF , 1967
ITY ATTORNEY
LESSEE - W. E. BtANDESKY
( THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND
PASSED TO ITS SECOND READING ON THIS THE��DAY OF ,
BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS ",Lo
THAT THE FOREGOING ORDINA READ FOR THE ECOND 1 E AND PA D
TO ITS THIRD READING ON THIS THE DAY OF , '19,
BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THAT THE FOREGOING ORDINANCE WAS READ FOR THE TH TIME AND PASSED
FINALLY ON THIS THE �j/1, DAY OF p2Wa,,,) , �9�% , BY THE FOLLOW-
ING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR. ,12liv
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR. _7
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
PASSED AND APPROVED, THIS THE 46- DAY OF ee
ATTES .�
CITY SECRETA Y MAY R
61 THE CITY OF CORPUS CHRIST'I, TEXAS
APPROVED AS TO LE AL FORM THIS TH
DAY OF 1 XL
ITY ATTOR