HomeMy WebLinkAbout11087 ORD - 09/20/1972JRR :MLM:m1:8 -3-72 ;1st `
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TEXAS:
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 MISSES
KICKBALL LEAGUE, LEASING TO THE SAID SOUTHSIDE LITTLE
MISSES KICKBALL LEAGUE A 7.08 ACRE TRACT OF LAND KNOWN
AS THE ANDERSON PIT, LOCATED ALONG THE 4200 BLOCK OF
MCARDLE ROAD AND FURTHER DESCRIBED HEREIN, FOR THE
PURPOSE OF ESTABLISHING AND MAINTAINING A PUBLIC RECRE-
ATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED
HERETO AND MADE A PART HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
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 Misses Kickball League, leasing
to said Southside Little Misses Kickball League a 7.08 acre tract of land
known as the Anderson Pit located along the 4200 Block of McArdle Road, for
the purpose of establishing and maintaining a recreational area, a copy of
said agreement being attached hereto and made a part hereof.
LEASE AGREEMENT
THE STATE OF TEXAS I
COUNTY OF NUECES I
This Lease made and entered into on this the day of
, A. D. 1972, by and between the CITY OF CORPUS CHRISTI,
a municipal corporation, acting herein by and through its City Manager, here-
inafter referred to as "CITY ", and the SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE,
a public non - profit organization chartered for the purpose of providing Kickball
activities for girls, hereinafter referred to as "LESSEE ".
W I T N E S S E T H
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 of parcel of
land located in Nueces County, Texas, being more particularly described
as follows, to -wit:
Being a 7.08 acre tract of land out of Lot 1, Byron Willis
Subdivision as shown by Map of Record in Volume A, Page 48,
Map Records, Nueces County, Texas, and being that same tract
of land conveyed to the City of Corpus Christi, Texas, by
Herold E. Anderson, December 20, 1960 and recorded in Volume
912, Page 375, Deed Records, Nueces County, Texas, said 7.08
acre tract of land being more particularly described by metes
and bounds as follows:
Beginning at the most Northerly corner of Lot A, Anderson
Subdivision as shown by Map of Record in Volume 23, Page 2,
Map Records, Nueces County, Texas,for the most westerly and
beginning corner of the tract herein described;
Thence N. 290 00' E., with the Southeast boundary line of
Nanjean Park as shown by Map of Record in Volume 16, Page 34,
Map Records Nueces County, Texas, and its extension, a distance
of 960.91 feet to a point in the Southwest right of way line of
McArdle Road, for the most Northerly corner of the tract herein
described;
Thence S. 610 00' E., with the Southwest right of way line of
said McArdle Road, a distance of 277.80 feet to a point, for a
corner of the tract herein described,
Thence S. 290 00' W., with the Northwest boundary line of a 0.149
acre tract, a distance of'130.0 feet to a point for an interior
corner of the tract herein described;
Thence S. 610 00' E., with the Southwest boundary line of said
0.149 acre tract, a distance of 50.0 feet to a point for a corner
of the tract herein described;
Thence S. 290 00' W., at 15.0 feet pass the most northerly
corner of Parklane Subdivision as shown by Map of Record in
Volume 18, Page 45, Map Records, Nueces County, Texas, at
577.6 feet pass the most westerly corner of said Parklane
Subdivision, in all a distance of 830.91 feet to the most
easterly corner of said Lot A, Anderson Subdivision for the
most Southerly corner of the tract herein described;
Thence N. 610 00' W., with the Northeast boundary line of
said Lot A, a distance of 327.80 feet to the point of begin-
ning.
Containing 7.08 acres of land more or less.
The term of this lease shall be five (5) years, beginning on the
16th day of August, 1972, 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
agrees 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 Kickball pro-
gram for girls. Any and all other improvements not necessary to said Kickball
program must have the prior consent of the City in writing prior to its con-
struction. Lessee further agrees that the Park and Recreation 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 Southside Little
Misses Kickball 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 or effluent easements without compensation to Lessee for such ease-
ments or damage for installation, maintenance, removal or repair of said
utility or effluent 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.
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 behind the afore-
said Little Misses Kickball program and for no other purpose without the prior
written consent of the City.
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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 and Recreation Board of the City for
the maintenance 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.
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 idemmnify 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.
WITNESSETH the hands of the parties hereto this the day
of 1972.
ATTEST: SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE
By.
APPROVED:
A_DAY OF JL �_ 1972:
CITY OF CORPUS CHRISTI, TEXAS
S� S� By
City Attorney City Manager
WARDLE ROA-D
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MINERAL -RIGHTS STATUS '13Z,_,9.17;,e),eal /o
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THAT THE FOREGOING ORDINANCE WAS READ FOR THE FI ST TIME AND PASSED
TO ITS SECOND READING ON THIS THE DAY OF �I 19.x. " BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE ,gyp,..
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GAGE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE.,3,Q DAY OF /fa,�,q,c✓y(� , 19�, BY THE
FOLLOWING VOTE:
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RONNIE SIZEMORE
CHARLES A. BONNIWELL
.ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH -?
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINA CE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE an �, DAY OF�, 19�, 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
PASSED AND APPROVED, THIS THE !1
ATTEST:
CITY SECRETAR Y�
APPR 1V D•
0DAY OF , 19 7 v•
,'�'oofCITY ATTORNEY
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THE CITY OF CORPV6 YHRISTI, TEXAS