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HomeMy WebLinkAbout09665 ORD - 03/04/1970.ti THE STATE OF TEXAS COUNTY OF NUECES 0 N 0 T 1 C E 808581 KNOW ALL MEN BY THESE PRESENTS: DEED RECORDS 0 voL1363 Pc1004 SOft132 INiCE 554 THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL, ON THE 4TH DAY OF MARCH, 1970, BY ORDINANCE No. �/(( 6.6 , DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET: WEBER ROAD, FROM PADRE ISLAND DRIVE TO SARATOGA BOULEVARD, WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID STREET, WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING OR REPAIRING SAME AND BY THE CONSTRUC- TION, RECONSTRUCTION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS, CURBS, GUTTERS, AND DRIVEWAYS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND BY THE CONSTRUCTION OF SUCH STORM SEWERS AND DRAINS, IF ANY, TOGETHER WITH ALL OTHER NECESSARY INCIDENTALS AND APPURTENANCES, ALL AS DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF PUBLIC WORKS.. THAT ORDINANCE No. q64/;;7 , PASSED BY THE CITY COUNCIL ON THE 4TH DAY OF MARCH, 1970, PROVIDED THAT THE AMOUNTS PAYABLE BY THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY SHALL BE PAID AND BECOME PAYABLE IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNER: 1. ALL IN CASH WITHIN TWENTY (20) DAYS AFTER COMPLETION OF ACCEPTANCE BY THE CITY; OR, 2. TWENTY PEP,CENT(2C ) CASH WITHIN TWENTY DAYS AFTER THE COM- PLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND 20,% RESPECTIVELY ON OR BEFORE ONE YEAR, TWO YEARS, THREE YEARS AND FOUR YEARS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, WITH INTEREST FROM DAY OF SUCH COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE OF SIX AND ONE ■HALF PERCENT (6.1/2 %) PER ANNUM; OR, 3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60 EQUAL INSTALL- MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN TWENTY (20) DAYS AFTER THE ROii32 IMCE 555 COMPLETION OF SAID IMPROVEMENT, AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN FIFTY —NINE (59) EQUAL CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING ON THE 1ST DAY OF ,THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE 1ST DAY OF EACH SUCCEEDING MONTH UNTIL THE ENTIRE SUM IS PAID IN FULL, TOGETHER WITH INTEREST FROM THE DATE OF SAID COMPLETION AND ACCEPTANCE BY THE CITY, UNTIL PAID, AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/29) PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "2" OR "3" ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONE, OR ALL, OF SUCH INSTALL- MENTS AT ANY TIME BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL DUE, TOGETHER WITH INTEREST ACCRUED, TO THE DATE OF PAYMENT. AND SAID ORDINANCE FURTHER PROVIDED THAT THE AMOUNTS PAYABLE BY THE ABUTTING PROPERTY,.AND THE REAL AND TRUE OWNERS THEREOF, TO BE ASSESSED AGAINST SAID PROPERTY AND SAID TRUE OWNERS THEREOF SHALL CONSTITUTE A FIRST AND PRIOR LIEN ON SUCH ABUTTING PROPERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF. THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THIS NOTICE TO BE FILED BY T. RAY KRING, CITY SECRETARY, AND THE OFFICIAL SEAL 9 OF THE CITY TO BE HERETO AFFIXED THIS THE TH DAY OF MARCH, 1970. CITY OF RPU CHRISTI BY T. AY Rei;IC1TY ECRETAR1[ THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED T. RAY KRING, CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRU- MENT AND ACKNOWLEDGED TO ME THAT HE SIGNED THE SAME IN HIS CAPACITY AS CITY SECRETARY FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 4TH DAY OF MARCH, 1970. / . vF NOT41 Y PU AND FOR NUECE,S. CDUN �j TEXAS .• �� . • JOYCE K. HALE ,dome, Pu6Uc, in and fm Nuenn County. 'fag "A ',I" •�(1 DEED RECORDS vaL1363 PG1005 DEED RECORDS vaL1363 Pc1006 RO[L132 INACE 556 SUITE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument wea HUD an MI date and at the time stamped hereon by me; and was duly RECORDED, In the Volume and Page of the named RECORDS of Dunces County, Texas, as stamped hereon by me nn MAR 5 1970 COUNTY CLERK NUECES COUNTY, IEXdJ i X mvl:1 -28 -70 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE LEAGUE LEASING TO THE SAID SOUTHSIDE LITTLE LEAGUE A TRACT OF APPROXIMATELY FIVE (5) ACRES OF LAND IN EVELYN PRICE PARR FOR THE PURPOSE OF MAINTAINING A RECREA- TIONAL AREA, FOR A PERIOD OF FIVE YEARS, BEGINNING MARCH 1, 1970, IN ACCORDANCE WITH THE CONDITIONS SET FORTH IN THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE AFORESAID SOUTHSIDE LITTLE LEAGUE AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he is hereby, authorized and directed to execute, for and on behalf of the City of Corpus Christi, a Lease Agreement with the Southside Little League, leasing to the said Southside Little League a tract of approximately five (5) acres of land in Evelyn Price Park for the purpose of maintaining a recreational area, for a period of five years, beginning March 1, 1970, and ending five years hence, all in accordance with the conditions set forth in the agreement between the City of Corpus Christi and the afore- said Southside Little League and made part hereof. 9665 mvl: 2 -3 -70 LEASE AGREEMENT *THE STATE OF TEXAS X COUNTY OF NUECES X This Lease Agreement made and entered into on this the day of , A. D. 1970, by and between the CITY OF CORPUS CHRISTI, a municipal corporation, acting herein by and through its City Manager, hereinafter referred to as "CITY ", and the Southside Little League, 0 a public non - profit organization chartered for the purpose of providing baseball activities for boys, hereinafter referred to as "LESSEE ". W I T N E S S E T E That the City of Corpus Christi, for and in consideration of the sum of One Dollar ($1.00), and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, does by these presents lease and demise unto Lessee, the following piece or parcel of land located in Nueces County, Texas, being more particularly described as follows, to -wit: A tract of land 330 feet in width and 660 feet in length out of Lots 9 and 10, Section "B ", Paisley's Subdivision of the Hoffman Tract as shown by map or plat of record in Vol. A, Page 28, Map Records of Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at a point, the most westerly corner of said Lot 9, Section "B" and the most southerly corner of said Lot 10, Section "B ", Paisley's Subdivision of the Hoffman Tract; Thence N. 61° 45' 45" W. with the southwest boundary line of said Lot 10 a distance of 25 feet to a point; Thence N. 28° 16' 22" E. a distance of 25 feet to a point in the northeast boundary line of Lamont Street for the most westerly corner and point of beginning of the tract herein described; Thence N. 280 16' 22" E. a distance of 330 feet to a point for the most northerly corner of this tract; Thence S. 61° 45' 45" E. at 25 feet pass the northwest boundary line of said Lot 9 in all 660 feet to a point in the northwest boundary line of Weir Drive for the most easterly corner of this tract; Thence S. 28° 16` 22" W. with the northwest boundary line of Weir Drive a distance of 330 feet to a point for the most southerly corner of this tract, said point being in the north- east boundary line of Lamont Street; Thence N. 61° 45' 45" W. with the northeast boundary line of Lamont Street at 635 feet pass the northwest boundary line of said Lot 9 in all a distance of 660 feet to the place of beginning; Containing 5 acres of land more or less. The term of this lease shall be five (5) years, beginning on the 1st day of March, 1970, and ending five (5) years from said date, subject to the following covenants and conditions: 1. Lessee does by these presents and by entering upon the land agree to maintain the land and premises during the term of this lease in a clean and sanitary condition, and at the expiration thereof to return said premises to the City in as good a condition as received, reasonable use, wear, acts of God, fire and flood, damage and destruction excepted. 2. Lessee does by these presents and by entering upon the land agree to maintain a ball park with all the necessary seating and miscel- laneous improvements necessary and reasonable to conduct a baseball pro- gram for boys of Little League age. Any and all other improvements not necessary to said baseball program must have the prior consent of the City in writing prior to its construction. Lessee further agrees that the Park Board of the City shall have joint use of the property during the term hereof, subject to the right of Lessee to have exclusive control during the Little League baseball season. Lessee further agrees that City may use said land when needed by City or needed to be crossed by City by the installation of utility lines without compensation to Lessee for such easements or damage for installation, maintenance, removal or repair of said utility lines, provided the City exercises reasonable judgment in the location of said easements and lines and locates said lines at points other than where improvements are located whenever it is reasonably possible. Lessee agrees to maintain, at its own cost and expense, a barrier fence along the East line of the land hereby leased for the full distance of said East line so as to separate the leased area from the balance of Evelyn Price Park area. Said fence shall be of such materials and specifications as are satis- factory and meet with the approval of the City Park and Recreation Board. -2- 3. Lessee does by these presents and by its entry upon the land agree to use said premises for the establishment and maintenance of a recre- ational area for the benefit of the public with primary use being the afore- said Little League baseball program and for no other purpose without the prior written consent of the City. 4. Lessee does hereby agree to pay for all utilities used by it on said premises or used by any other activity sponsored by Lessee at said premises. 5. Lessee hereby agrees to conform to all reasonable rules set out by the City Manager and /or the Park Board of the City for the mainte- nance and operation of said premises. 6. Lessee does hereby agree to promptly execute and fulfill all of the ordinances of the City pertaining to health, sanitation, and to execute and fulfill all ordinances, orders and requirements imposed by the Health, Sanitation, Fire and Police Departments, for the correction, prevention and abatement of nuisances and /or hazards in upon, or connected with the operation of a ball park on said premises at Lessee's own expense, and Lessee shall keep the premises free of weeds•and rubbish at all times at its own expense. 7. Lessee does hereby agree that the City shall not be responsible for damages to property or injury to persons which may arise incident to the exercise of the rights and privileges herein granted. Lessee further agrees to indemnify and to hold the city harmless from any loss or damage that may occur upon said premises which loss or damage arises by reason of or is con- nected with Lessee's use of said premises. 8. The City hereby agrees that Lessee may at the end of the term of this lease remove any and all improvements placed on said premises by Lessee which are unattached to the land and which may be removed without damaging the land. 9. This lease is subject to all of the ordinances of the City with respect to leases upon public property. -3- WITNESSETH the hands of the parties hereto this the day of , 1970. ATTEST: City Secretary APPROVED: DAY OF City Attorney 1970: SOUTHSIDE LITTLE LEAGUE OF CORPUS CHRISTI By CITY OF CORPUS CHRISTI, TEXAS By That the foregoing ordinance was read for th first time and passed to its second reading on this the �� R '� ay of 1970 , by the following vote: Jack R. Blackmon Gabe Lozano, Jr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinanc read fo; /.'e /cond time and passed to its third reading on this the day of 19 7 O , by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore a' t That the for g ordinanc was read for th i�r time and passed finally on this the day of , 19 / , by the following vote: Jack R. Blackmon ate! / lei Gabe Lozano, Sr. a4l V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore %%� r/ PASSED AND APPROVED, this the `f v"' day of ' LU , 19 1 !9 ATTEST /� City Secre ar. APPROVED AS TO EGAL FORM TllIS THE DAY OF , 19a: City Attorney THE CITY OF CORPUS CHRISTI, TEXAS