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HomeMy WebLinkAbout10981 ORD - 07/19/1972JRR /Mc 6/27/72 1ST AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPROVE A LEASE BETWEEN WILLIAM B. HOSKINS, TRUSTEE, LESSEE, AND LOWER NUECES RIVER WATER SUPPLY DISTRICT, LESSOR, PERTAINING TO THE LEASE OF CERTAIN LANDS WITHIN THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, BEING APPROX- IMATELY 25 ACRES MORE OR LESS AND MORE FULLY DESCRIBED IN SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED ' HERETO AND MADE A PART HEREOF FOR ALL PURPOSES AND .MARKED EXHIBIT "A ". 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, FOR AND ON BEHALF OF THE CITY, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO APPROVE A LEASE BETWEEN WILLIAM B. HOSKINS, TRUSTEE, LESSEE, AND LOWER ` NUECES RIVER WATER SUPPLY DISTRICT, LESSOR, PERTAINING TO THE LEASE OF CERTAIN LANDS WITHIN THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, BEING APPROXIMATELY 25 ACRES MORE OR LESS AND MORE FULLY DESCRIBED IN SAID LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES AND MARKED EXHIBIT r . x€1981 t t PREMISES THE STATE OF TEXAS X COUNTY OF LIVE OAK j( THIS AGREEMENT, made and entered into by and between LOWER NUECES RIVER WATER SUPPLY DISTRICT, hereinafter referred to as Lessor, and WILLIAM B. HOSKINS, TRUSTEE, with his office and principal place of business in Mathis, San Patricio County, Texas, hereinafter referred to as Lessee. = M ' W I T N E S S E T H For and in consideration of the rents herein reserved and the full and faithful performance by Lessee of all of the terms, provisions, conditions and covenants hereof, Lessor has leased, demised and rented, and by these presents does lease, demise and rent unto Lessee all of the following described property, together with the improvements located thereon, situated in San Patricio County, Texas, and being more fully described as follows See Exhibit A attached hereto for metes and bounds description of leased tract and according to description made from field notes of survey by the City of Corpus Christi made on the 18th day of July, 1972, to be filed with the office of the City Secretary with this Lease. In addition thereto, Lessee is hereby granted an easement for the purpose of laying, maintaining, and operating a sewage septic system from the above - described leased property onto the following described leased property, provided, however, it shall be laid and maintained so as not to interfere with the use of the presently existing pit on said easement premises, to -wit: 4 See Exhibit B attached hereto for metes and bounds description of easement premises Lessee shall further have the right to clear brush and rebuild fences at Lessee's expense on the easement property and adjacent to the roadway entrance.to the leased premises so as to create an attractive entrance to the leased premises but in a way so as not to interfere with the Lessor's use of such property. '4 Use by Lessee of existing water wells on the leased premises shall be at the discretion of the City of Corpus Christi. If new wells are required, they shall be at Lessee's expense. This lease is made subject to all valid oil, gas, and mineral leases and all pipeline transmission and all other rights of ways and easements of record and affecting the property. Lessor reserves the right to lease the demised premises for oil, gas and other mineral exploration and production, but in so doing shall not unreasonably interfere with Lessee's intended use of the surface. Lessor agrees that Lessee shall have, as to the premise herein leased, the right of access to the Wesley Seale Dam Reservoir, (also known as Lake Corpus Christi or Mathis) along the area where the tract is bounded by the contour line of the 94 -foot elevation. Without intend- ing any limitation on the foregoing, it is understood that Lessee shall have the right of access to and from the premises herein leased to the said reservoir on, over and across the lands•of Lessor below the contour line of the 94 -foot elevation to whatever level the water of the reservoir may be from time to time and at all times during the existence of this lease or•extension thereof. -2- • Lessee shall and does assume the sole responsibility for the entire cost and construction of any and all improve- ments that it shall require for the proper operation and enjoyment of the demised premises for the purposes herein leased. Lessee shall construct, at Lessee's expense, a six (6) foot chain -link fence on the south boundary line of the leased premises, extending from the westernmost point of said boundary to the easternmost point in said boundary line and shall provide a gate suitable for truck access through said fence at or near the east end. It is understood by and between the parties hereto that Lessee shall obtain a loan to finance the construction of the improvements on the above - described premises and will secure same by a lien against said improvement and its leasehold interest herein granted, and Lessor hereby agrees that Lessee's mortgagee's lien against said improvements shall be prior to Lessor's Landlord's lien; and Lessee being in default, said mortgagee may foreclose its lien against Lessee's improvements and at its option remove same from Lessor's premises, subject to the limitations on removal set out in Article IV, paragraph 4, of this lease, or mortgagee may assume Lessee's obligations under this lease as under an assignment from Lessee. TERM This lease is to be for a primary term of fifteen (15) years, said term to commence upon the date Lessee signs and acknowledges this lease agreement as evidenced by the notary's date of acknowledgment of Lessee's signature; provided, however, that payment of consideration of this lease, including payment of rental bonus from Lessee's Boss receipts and credits applied to improvements and installations as hereinafter provided, shall be deferred until and commence upon the 1st day of March 1973. -3- • RENTAL In consideration for this lease, Lessee promises and agrees to pay to Lessor, in lawful money of the United States of America, a fixed or guaranteed monthly land rental of Three Hundred and No /100 ($300.00) Dollars, and existing 4 4 "' structure rental of One Hundred and No /100 ($100.00) Dollars, such monthly rental to be paid quarterly in advance on or before the fifteenth day of the first month of the next succeeding quarter for the term of this lease. In addition to the guaranteed monthly rental, Lessee shall, within fifteen (15) days of the end of each quarterly period that this lease is in effect, including any renewal term, pay a rental bonus consisting of the amount by which five and five - tenths (5.5%) percent of Lessee's gross µ receipts from the premises exceeds the guaranteed monthly land rental ofTtireeHundred and No /100 ($•300.00) Dollars or such lesser amount as actually paid. Any credit for " improvements allowed shall not be considered as actually paid. Lessee shall be allowed a seventy -five (75 %) percent credit against the guaranteed monthly land rental for the sum expended for improvements to the extent same are completed. It is expressly agreed and understood that the said seventy -five (75 %) percent credit shall apply only to those improvements and installations placed on said premises which are returnable to the District under Article IV, para- graph 4 of this lease and are listed as follows: (1) The water system, including any well or wells serving the system. (2) The sanitary system, less the cost of the showers and rest -room facilities. (3) The electrical distribution system. (4) The road net including boat launching ramps. (5) Selective clearing and landscaping at a cost not to exceed $100.00 per acre. (6) Fences, as required by this lease. -4- The credit for improvements shall be allowed only during the first five years of this lease. All rental payments shall be made to Lessor at the following address: Director of Finance City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 or at such address as shall from time to time be agreed upon in writing between the parties hereto. II. USE a. The premises herein leased are to be used and occupied during full term of this lease for the operation of a campground and related activities normal and customary to such business. b. Such campground shall be operated as a public„ accommodation at all times, without any limitation as to race, creed, color, or other unreasonable limitation or private membership requirement, at non - discriminatory rates, which shall be prominently posted on the campground. c. Lessee shall make available on a continuing and gratuitous basis the nature trails and beach area for the girl scouts and campfire groups which are camped at adjacent campfire or girl scout facilities. Such use will be shared with Lessee's guests and campers and shall be in accordance with rules established for the camp. Any such groups must be adult controlled and actively supervised during their stay on Lessee's premises. Such use does not contemplate overnight camping by such groups on Lessee's premises. USE CONFLICT d. Lessor does hereby expressly covenant and PROHIBITION agree not to grant any other lease permitting this use on any property within a radius of two (2) miles of this location without affording Lessee herein an option of first refusal to lease same upon substantially the same terms as may be proposed. III. a. In the event Lessor shall at any time during the term of this lease decide to sell the leased premises, Lessor -5- fshall promptly give to Lessee written notice of the terms of such sale and Lessee shall have the option and privilege of urchasin said P g premises at said price and shall notify Lessor in writing within thirty (30) days after the date it receives notice from Lessor whether it will purchase said premises for the amount specified in said sales offer. In the event Lessee shall not elect within said thirty -day period to purchase for the amount specified in said sales offer, Lessor may thereafter sell said premises to any other party for the same sum or any greater amount, subject to the leasehold estate herein granted to Lessee. If for any reason said premises are not sold at such time, any subsequent sales offer shall be given to Lessee upon the same terms and condi- tions for acceptance or refusal as hereinabove provided. If Lessee elects to purchase said premises under the procedure prescribed hereinabove, Lessor shall furnish an owner's title policy of insurance covering said premises and shall convey same by general warranty -deed free and clear of any encumbrances, except as may be assumed by Lessee. b. Lessor may retake the demised premises for any public purpose for which condemnation of the leasehold estate may be had except for the purposes for which it is developed by Lessee and without the necessity of formal condemnation; provided, however, in such event, if taken during the first five (5) years of the term of this lease, Lessee shall be reimbursed by Lessor all rentals actually paid by Lessee to Lessor. Lessee shall also be entitled to reimbursement, at any time during the primary term of this lease, for cost of its improvements less depreciation at a rate of ten percent (10 %) per year. Any reimbursement -6- for improvements to be reduced by any amount previously allowed as a credit against rentals as set out in Article I, "Rental" paragraph. Lessee shall provide to Lessor's office within sixty (60) days of completion of any improve- ment a statement indicating the cost of the improvement, supported by sufficient records to substantiate to Lessor's satisfaction the cost of the improvement. Any improvement not so reported will not be considered for any reimbursement. IV. PEACEFUL 1. Lessee shall and may peacefully have, hold and ENJOYMENT enjoy the demised premises, subject to the other terms hereof, and provided Lessee pays the rentals herein recited and performs all of its covenants and agreements herein contained. PAYMENTS Lessee shall pay all rents and sums provided to be paid to Lessor hereunder at the times and in the manner herein provided under Article I, page 3. UTILITIES Lessee shall pay promptly, as same accrue, the costs of all gas, electricity, water, heat or other utilities furnished to or used by Lessee on the demised premises. Any lake water used shall be under separate contract with the City of Corpus Christi and all bills will be due when invoiced. LESSEE'S 2.a. Lessee shall clean, landscape, and maintain MAINTENANCE the campground in a manner in keeping with the natural terrain and growth and shall protect against erosion and excessive removal of natural growth, but shall keep the area free from debris and refuse and in a clean and sanitary condition at all times. b. Lessee shall take good care of the property and suffer no waste, and shall maintain all improvements and installations in a good condition during the term of the lease, and shall at the end or other expiration of the term deliver the demised premises in good order and condition, natural deterioration and damage by fire and the elements only excepted, and upon such termination Lessor shall have the right to re -enter and resume possession of the demised premises. -7- ENTRY FOR 3. Lessee will permit Lessor or its agents, employees INSPECTION or representatives the right to enter into and upon any and all parts of the demised premises at all reasonable hours to inspect the same, as Lessor may deem reasonably necessary or desirable. IMPROVEMENTS 4.a. Lessee shall provide on such leased premises a good road network, a boat ramp, a sanitary sewer system with rest -room facilities reasonably designed to accommodate the number of campers provided for, an adequate electrical system, adequate drinking water, individual campsites and picnic sites, nature trails, and concession buildings so as to fully utilize the leased premises as a campground in keeping with the'protected terrain provisions of this lease, and shall spend for such improvements, including those listed in Paragraph III (1) through (6), above, at least $20,000.00 during the first eighteen (18) months of said lease, and a total (including said $20,000.00) of at least $50,000.00 during the first five (5) years of said lease. b. All construction and repairs shall be in accordance with recognized and acceptable safety, environmental and construction procedures. c. Any physical additions, or other improvements, when made to the demised premises by Lessee, shall remain Lessee's property, and Lessee not being in default hereunder, may be removed as in Lessee's opinion shall be necessary, regardless of whether or not any such improvements shall have become permanently,affixed to the land. The water wells, sanitary and electrical systems and the campsite and road developments shall not be in any manner disturbed, but shall be delivered up with the premises to Lessor in good condition, fair wear and tear and damage by fire and the elements only excepted. -8- ASSIGNMENT 5. This lease may be assigned with approval of City and District by Lessee and shall inure to the benefit of their heirs, successors or assigns. The City and District shall not withhold its approval without reasonable cause. However, Lessee will not assign this lease or allow the same to be assigned by operation of law or otherwise, or sublet the demised premises or any part thereof, or use or permit the same to be used for any other purpose than stated in the use clause hereof. LEGAL USE Lessee shall not occupy or use, or permit any portion of the demised premises to be occupied or used for any business or purpose which is unlawful in part or in whole or demand to be disreputable in any manner, or in whole or in part a nuisance or extra hazardous. LAWS AND Lessee will keep and maintain the premises in a clean REGULATIONS and healthful condition and comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with references to use, conditions, or occupancy of the demised premises. INDEMNITY AND 6. Lessee will indemnify and save Lessor harmless LIABILITY of and from any and all fines, suits, claims, demands and actions of any kind by reason of any breach, violation or nonperformance of any condition hereof on the part of Lessee, its agents or employees. Lessee is or will become familiar with the demised premises, acknowledges that same are accepted by Lessee in the condition in which they are now, and that Lessor shall not be liable to Lessee or Lessee's agents, employees, invitees or visitors for any damage to persons or property due to condition of the demised premises or appurtenances thereto which may now exist or hereafter occur. Lessee accepts the demised premises as suitable for the purposes for which the same are leased and assumes all risk of damage to persons or property. -9- LIABILITY 7. Lessee agrees to obtain and maintain, at Lessee's INSURANCE sole cost and expense, public liability and property damage insurance to protect both Lessor and Lessee against all loss or damage by the claims of all persons who may be in or upon the demised premises by the invitation, consent or sufferance of Lessee. Such public liability insurance shall have minimum bodily injury limits of $503000.00 to each person and $150,000.00 for each accident, and property damage limits of $25,000.00 for each accident with respect to any accident occurring on the demised premises or appurtenances thereto. Lessee shall furnish to Lessor, certificates of all such insurance issued by a reputable insurance company or companies which shall be licensed to do business in the State of Texas. V. TAXES AND 1. Lessee shall, during the term of said lease, ASSESSMENTS reasonably discharge all taxes or assessments which are validly levied or assessed against all property of Lessee's now or hereafter placed in or upon the demised premises. Lessor shall, during the term of this lease, reason- ably discharge all taxes and special assessments which are validly levied or assessed against the land forming a part of the demised premises. 2. Lessor shall not be liable or responsible for any loss or damage to any property or person occasioned by theft, fire, act of God, public enemy, riot, strike, insurrec- tion, war, requisition of a governmental body or authority, or any other matter beyond the control of Lessor. ABANDONMENT .3. If the demised premises be abandoned or vacated by Lessee, Lessor shall have the right to relet the same for the remainder of the period covered hereby, and if the rent received through such subletting is not at least equal to the guaranteed rent provided for hereunder, Lessee shall pay and satisfy any deficiencies between the amount of the rent called for and that received through subletting. -10- RENEWAL OPTION 4. At the termination of the initial fifteen (15) AND HOLDING OVER year term of this lease, the Lessor agrees to give the Lessee an option to extend this lease for an additional five (5) year period upon the same terms and conditions and at a rental to be determined as hereinafter provided, and at the expiration of such five -year extension, Lessee is granted an additional option to extend this lease for a second addi- tional five (5) year period upon the same terms and conditions and at a rental to be determined as hereinafter provided; provided, however, that Lessee shall exercise such options by written notice mailed to Lessor ninety (90) days prior to the expiration of the then current lease term; provided, however, Lessor may decline to so extend such lease if such property is needed by Lessor or other governmental body for public purposes for which condemnation of the leasehold estate may be had other than the purpose for which the property is developed by Lessee. Rental for the option period shall be determined by the following formula: The United States Department of Labor, Bureau of Labor Statistics, publishes a periodical described as the Monthly Labor Review. Within this periodical is found a table which provides index numbers for the wholesale prices comprising all commodities other than farm products (March 1967, index number is 106.3). The index price reflected by this periodical closest to the commencing date of this lease shall be determined, as shall the index price for the closest periodical date, ninety days prior to the expiration of the initial term of this lease. The difference between these two prices shall increase or diminish the monthly rental to be paid during the option period. This is to say, if the closest index price reflected by this periodical on the commencing date of this lease is March 1967 (106.3), and the same index price ninety days prior to the expiration date of the initial term of this lease is 109.3, the guaranteed monthly rental during the option period shall be increased two and eight- -11- tenths (2.8 %) percent over the monthly rental provided for the initial term of this lease. Conversely, if the index price reflected by the periodical ninety days prior to the expiration of this lease is 103.3, the monthly rental for the option term shall be diminished two and eight- tenths (2.8 %) percent per month. The percentage rental shall also be increased or decreased in like number, e.g., a 10% increase in the index price would produce a 0.5% increase in the percentage rental that is, the percentage rental would then be 6.0% for the option period under consideration. 5. It is distinctly understood and agreed by and between the Lessor and the Lessee that any holding over by Lessee of the herein demised premises after the expiration of this lease or extension thereof shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor, at a monthly rental of Five Hundred and No /100 ($500.00) Dollars plus five and five - tenths (5.5 %) percent of gross sales. DEFAULT OF 6. Default on the part of:Lessee in paying the rental LESSEE due hereunder or any.installment thereof as hereinabove provided, or default on Lessee's part in keeping or perform- ing any other term, covenant or condition of this lease, shall authorize Lessor at its option at any time after such default and after fifteen (15) days' written notice thereof to Lessee, to declare this lease terminated, and upon the occurrence of any one or more of such defaults, Lessor immediately, or at any time thereafter, may re -enter said premises and remove all persons therefrom without legal process and without prejudice to any of its other legal rights, and all claims for damages by reason of such re- entry are expressly waived, as also are all claims for damages by reason of any distress warrants or proceedings by way of sequestration which Lessor may employ to recover -12- said rents or possession of said premises. Lessor shall not have the right to declare this lease terminated if, within fifteen (15) days after notice of any default, Lessee fully cures such default. ATTORNEY'S 7. In case Lessee makes default in the performance FEES of any of the terms, covenants, agreements or conditions contained in this lease and Lessor places the enforcement of this lease or any part thereof, or the collection of any rent due or to become due hereunder, or recovery of the possession of the demised premises, in the hands of an attorney, or files suit upon same, Lessee agrees to pay Lessor reasonable attorney's fees and payment of the same shall be secured in a like manner as herein provided as to security for rent. WAIVER 8. Failure of Lessor to declare any default imme- diately upon occurrence thereof or delay in taking any action in connection therewith shall not waive such default, but Lessor shall have the right to declare any such default at any time and take such action as might be lawful or authorized hereunder, either at law or in equity. BANKRUPTCY 9. If involuntary bankruptcy proceedings be instigated by anyone else to adjudge Lessee a bankrupt, or if execution be issued against it, or if the interest of Lessee in this contract passes by operation of law to any person other than Lessor, this lease may at the option of Lessor be terminated by notice addressed to Lessee at the demised premises and posted in the United States mail. DEFAULT 10. In case default shall be made in the performance OF LESSOR of any covenant or agreement herein contained on the part of Lessor, and said last- mentioned default shall continue for thirty (30) days after notice in writing thereof by Lessee, its agent or attorney to Lessor, or left at or mailed to Lessor at the address at which the rent is then payable, then no rent shall be paid or become payable under this -13- lease for such time as such default shall continue after the expiration of the said thirty (30) days' notice,and Lessee at its option at any time during the continuance of such default after the expiration of said thirty (30) days' notice, may declare said term ended and may vacate said premises and be relieved from all further obligations under this lease, or Lessee may at its option at any time during the continuance of such default after the expiration of said thiity (30) days' notice, pay any sum necessary to perform any obligation of Lessor's hereunder and deduct the cost thereof, with interest, from the rents thereafter to become due hereunder. The performance of each and every agreement herein contained on the part of Lessor shall be a condition precedent to the right of Lessor to collect rent hereunder or to enforce this lease as against Lessee. A waiver by Lessee of any breach or breaches of any of the provisions of this lease shall not be deemed a waiver of any subsequent breach, and a breach shall be deemed a continuing breach as long as the default continues. Should the correction of any default reasonably require a period exceeding thirty (30) days, Lessee is obligated to grant such reasonable extension or such time as shall be required. 11. Any notices, demands, or citations under this lease may be served personally on Lessee or Lessor, or by Certified Mail, Return Receipt Requested, addressed to Lessee at the demised premises and Lessor at: Lower Nueces River Water Supply District P. 0. Box 1340 Corpus Christi, Texas 78403 The date of posting shall be the effective date of any such mailing. 12. This agreement may not be altered, changed or amended, except by instrument in writing, signed by both of the parties hereto. -14- EXECUTED in duplicate originals this day of 1972. ATTEST: LOWER NUECES RIVER WATER SUPPLY DISTRICT By Robert E. Schneider Don Cox, President ATTEST: Burdett Graham, Secretary , William B. Hoskins, Trustee LESSEE ATTEST: APPROVED: CITY OF CORPUS CHRISTI T. Ray Kring, City Secretary By R. Marvin Townsend, City Manager APPROVED AS TO FORM: R. W. Coffin, Assistant City Attorney -15- EXHIBIT "A" APPROXIMATELY TWENTY (20) ACRES, MORE OR LESS, LYING GENERALLY BETWEEN WESLEY SEALE DAM ON THE SOUTH, THE GIRL SCOUT CAMP ON THE NORTH AND LAKE CORPUS CHRISTI ON THE WEST, AND BEING A PORTION OF SUCH ABOVE - DESCRIBED TRACT CONVEYED BY THE CITY OF CORPUS CHRISTI TO THE LOWER NUECES RIVER WATER DISTRICT BY DEED RECORDED IN VOLUME 203, PAGE 560, DEED RECORDS OF SAN PATRICIO COUNTY, TEXAS, and according to description made from field notes of survey by the City of Corpus Christi made on the 18th day of July, 1972, to be filed with the office of the City Secretary with this Lease. EXHIBIT "B" APPROXIMATELY FIVE (5) ACRES, MORE OR LESS, IMMEDIATELY EAST OF THE TRACT DESCRIBED IN EXHIBIT "A" ABOVE. 4 - P('R : ;.4E AS 1401A F;I:LI: NO J �������"'•�� %A:LIS 0. WAGC 70 C:if OF CORPU' 'R15t1 10 •� '���; ,_ =J� �'' _ DEED nc: RoS .. 88 PAGES 151 - 15 PA7HrCIC of C;ty G ++Y ce j r c P - r 6' 16 { p� ti `, 6 6 + Of + _` t �S �6n ° sY Christi t7y)?-t; —?` X23 Ac.� ?G�r . 1'y Gt '� �•..; /// TB 23 0 Hie{ C�, n° t8 S 1 4c r s �• 1;, ✓ \\ V Oily Gr, \\ l6�•�ovh{�i: -� , +ail . O{ 70 �•, jam/ ��• Part A Pj'; j• �,: 1'ode !' -'° Approximate Lease and a (r �,,• Easement Area ,t y ��' Designated: �.--. Lease ��/ Easement U AVERICK GINEERI G MPA NY NY 4903 AMBASSADOR ROW P. 0. BOX 7596 CORPUS CHRISTI, TEXAS 78415 (512) 854 -0281 Job No. 5363 July 31, 1972 EXHIBIT A STATE OF TEXAS COUNTY OF SAN PATRICIO FIELDNOTES for a 24.953 acre tract, more or less, being a portion of a tract conveyed by the City of Corpus Christi to the Lower Nueces Water District as recorded in Volume 203, Page 560, Deed Records, San Patricio County, Texas. BEGINNING at a point in the projection of the north boundary line of a 17.92 acre tract of land shown by survey dated February 16, 1951, whence the most northerly corner of said 17.92 acre tract bears N 250 51' E 1,643.56 feet; THENCE with the northeast boundary of this tract N 640 09' W 882.57 feet; S 230 47' 56" W 192.02 feet; S 660 12' 30" E 298.18 feet to the most easterly corner of this tract; THENCE with the southeast boundary of this tract S 060 39' 40" W 28.70 feet; S 110 19' 57" W 160.3 feet; S 080 41' 32" W 260.45 feet; S 190 41' 32" W 726.78 feet; S 470 O1' 32" W 269.78 feet to the most southerly corner of this tract, said point being in the contour line of the 94 foot elevation; THENCE continuing with the contour of the 94 foot elevation as follows: N 840 08' 28" W 111.4 feet; N 270 28' 28" W 157.6 feet; N 20 38' 28" W 239.0 feet; N 270 41' 32" E 290.1 feet; N 200 29' 32" E 299.4 feet; N 260 33' 57" E 196.9 feet; N 190 06' 03" W 142.97 feet; N 690 25' 20" W 87.20 feet; N 320 45' 20" W 115.55 feet; N 750 35' 20" W 134.37 feet; S 610 34' 40" W 110.60 feet; S 470 14' 40" W 295.40 feet; S 660 14' 40" W 122.05 feet; S 450 04' 40" W 178.98 feet; S 180 04' 40" W 63.90 feet; S 540 34' 40" W 140.02 feet; N 410 25' 20" W 47.35 feet; N 270 44' 40" E 411.78 feet; N 030 24' 40" E 158.78 feet; N 450 25' 20" W 39.37 feet; N 850 34' 18" W 19.30 feet to a point for a corner; Exhibit A r -2- July 31, 1972 THENCE N 250 51' E 639.42 feet�to the POINT OF BEGINNING. MAVERICK ENGINEERING COMPANY I cl zy }` iX` Hafr1'a' -n ;Hei'tkam" c , P,- /cc •i .yq••.i w„ w ; /....: HARLAN R. HEITKAMP A MAVERICK E GINEERING CbMPANY V 4903 AMBASSADOR ROW P. O. BOX 7596 CORPUS CHRISTI, TEXAS 78415 (512) 854 -0281 Job No. 5363 July 31, 1972 EXHIBIT B STATE OF TEXAS COUNTY OF SAN PATRICIO FIELDNOTES for a 19.369 acre tract, more or less, being a portion of a tract conveyed by the City of Corpus Christi to the Lower Nueces Water District as recorded in Volume 203, Page 560, Deed Records, San Patricio County, Texas. BEGINNING at a point in the north boundary line of a 17.92 acre tract of land shown by survey dated February 16, 1951, whence the most northerly corner of said 17.92 acre tract bears N 250 51' E 557.50 feet; THENCE S 640 09' E 747.31 feet to a power pole in the north right -o£ -way line of F. M. Road 1068 for the most easterly corner of this tract; THENCE with the north right -of -way line of F. M. Road 1068, S 220 44' 12" W 1,087.67 feet to a point for the most southerly corner of this tract; THENCE N 640 09' W 806.38 feet to a point for the most westerly corner of this tract; THENCE N 250 51' E 1,086.06 feet to the POINT OF BEGINNING. MAVERICK ENGINEERING COMPANY Harlan R. Heitkamp, P.E. /cc _ \ HARLAN R. HEITKAMP F1..1 ......................:..... III�o,�F *e STS.... Via` THAT THE FOREGOING ORDINANNCCE-� WAS READ FOR ^THE J FIRST TIME AND 'PASSED TO ITS SECOND READING ON THIS THE U' ^��^+ DAY OF _l��c`��J- FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE: LOZANO, LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND, TIME AND PASSED TO ITS THIRD -READ I 14 ON THIS THE pa-�+p AY,OF 1 BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK E AND THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD M FOLLOWINGS VOTE: FINALLY ON THIS THE /%_t"AY OF D //_�17CZ, RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. IlLr REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS THE ATTEST: 0 40 THE CITY & COJG/ CHRISTI, TEXAS ,_�. .: ., R -_ -., , _. .��, �'