HomeMy WebLinkAbout11365 ORD - 03/21/1973i
To: ?(toman Barrera, Property Management
SUBSEePT: Agreement - Joe C. Bickham
i
FROM: T. Ray Kring, City Secretary
DATE: July 20, 1973
Under date of June 11, 1973, we addressed you as follows:
"The subject agreement in duplicate is being transmitted to you for completion of
execution.
When accomplished, please return one copy for our files."
Please advise the status of these documents.
1
signed
Originator • Do Not Write Below This Line
To REPLY - Write reply, snap out carbon, retain white copy for your files and send pink copy to o igi�
JUL 1973
(�VA �• RECEIVED °
T- 11:;1;,9x,
signed da� /� `� /
dept :�location J
/ �tl arts 1 antl 3 Wit" Carbon .Part 3 We IY 2 antl entl
RITE -IT MEMO 1
ACCOUNTING
1973 JUL, 23 AM 8 35
t
t
TO: _Roman Barrera, Accounting Department FROM` T. Ray Kring, City Secretary
suBJEPT: Agreemcmt - Joe C. Sickhatn I DATE: March 23, 1973
MESSAGE:
The subject agreement in duplicate is being transmitted to you for completion of
execution.
When accomplished, please return one copy for our files.
Attachments
linator- Do Not Write Below This Line signed
To REPLY - Write reply, snap out carbon, retain white copy for your files and send pink copy
originator.
dept. - location signed, date
Originator - Detach Part 2 and Send Parts 1 and 3 With Carbon Intact • Part 3 Will Be Returned With Reply
2 ORIGINATOR DETACH AND FILE FOR FOLLOW UP WRITER'S COPY
To: derrara,. pr aperty p
Onagercent FROM: T. Ray Kring, City Secretary .
SUBJF,cT: AQreemant — Joe C. Bickham
DATE: July 20, 1973
MESSAGE:
Under date of June 11, 1973, we addressed you as follows;
exec subject agreement in duplicate
execution. is being transmitted to you for completion of
VJhen accomplished, please return one copy for our files."
plaosa advise the status of these docur.:�nts. ))
riginator - Do Not write below This Line
signed
ncrLy - write reply, snap out Carbon, ecam white copy for your files and send
pink copy to originator.
date /
2 ORIGINATOR DETACH AND FILE FOR FOLLOW Up WRITER'S Copy
JRR /HG /Mc 2/13/73 1sT .!
r
r .
AN ORDINANCE
AUTHORIZING THE CITY�P,IANAGER TO EXECUTE A LEASE AGREEMENT
WITH JOE C. BICKHAW COVERING PARCEL NO. 10 -A BETWEEN HEARN
ROAD AND MEE LANE (GRF-ElTdAY `,DATER LINE EASEMENT PU ^CHASED
FROM JOE C. BICKHAM), CONTA HiI.NG 3.937 ACRES, FOR A TERM
OF FIVE (5) YEARS, FOR GRAZING LAND, AT AN ANNUAL RENTAL
OF $120, A COPY OF SAID LEASE AGREEMENT BEING ATTACHED
HERETO FOR ALL PERTINENT PURPOSES, HARKED EXHIBIT "A ".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
aSECTION 1. THAT THZ 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 JOE C. BICKHAM FOR LEASE OF A 3.937 ACRE TRACT OF LAND
(MORE OR LESS) OUT OF THE GREGORIO FARIAS GRANT, FOR USE AS GRAZING LAND:
1 BEING AN IRREGULARLY SHAPED TRACT OF LAND CUT OF THE GREGORIO
FARIAS GRANT, ABSTRACT NO. 592, AND OUT OF THAT CERTAIN 30
ACRE TRACT CONVEYED TO JOE C. BICKHAM•BY DEED RECORDED IN
VOLUME 270, PAGE 558, DEED RECORDS, NUECES COUNTY, TEXAS,
SAID IRREGULARLY SHAPED TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY 14ETES AND BOU.JDS AS FOLLOWS:
BEGINNING AT THE MOST NORTJERLY CORNER OF SAID 30 ACRE
TRACT FOR THE MOST NORTHERLY AND BEGINNING CORNER OF THE i
TRACT HEREIN DESCRIBED; '
THENCE S. 55° 091 3711. E., (S. 570 301 E. DEED CALL), WITH
THE NORTHEAST BOUNDARY LINE OF SAID 30 ACRE TRACT, A DISTANCE
OF 559.19 FEET TO A POINT FOR THE MOST EASTERLY CORNER OF
THIS TRACT HEREIN DESCRIBED,:
• THENCE S. 37° 221 33" W., WITH THE NORTHWEST BOUNDARY LINE
OF THE ROGER D. BICKHAM TRACT AS SHOWN BY DEED RECORDED IN
VOLU14E 877, PAGE 6111, NUECES COUNTY, TEXAS DEED RECORDS, A
DISTANCE OF 339.55 FEET TO A POINT IN THE NORTH RIGHT -OF -WAY
LINE OF 50 FOOT WIDE HEARN ROAD FOR THE SOUTHEAST CORNER OF
THIS TRACT;
THENCE IN A WESTERLY DIRECTION WITH THE ARC OF A CURVE TO
THE LEFT WHOSE CENTRAL ANGLE IS 36° 321 09" AND WHOSE RADIUS
IS 201+.06 FEET, A DISTANCE OF 130.12 FEET TO A POINT FOR THE
MOST SOUTIICRLY OR SOUTHWEST CORNER OF THIS TRACT;
TIIENCE N. 18° 361 3711 :' ✓., A DISTANCE OF 1108.73, FEET TO AN
INTERIOR CORNER OF THIS TRACT;
TIIENCE N. J:' 09' 37" W., A DISTANCE: OF 175.36 FEEL" TO A
POINT IN THE NORTHWEST DOUNDARY LINE: OF SAID ,j0 ACRE TRACT
FOI2 THE MOST WESTERLY CORNER OF THE TRACT HEREIN DESC211JED;
THENCE H. 36° 53' 23." F., (N. 3)1° 2811 E. DEED CALL) WITH THE
IIORTH§JE;:T DOIJNDARY LINE OF SAID 30 AC. ^,E TRACT, A DISTANCE OF
200.13 FEET TO THE POINT OF BEGINNING.
..CONTAINING 171,1K. "9.96 iQUARF FLE'T (3.937) OF LAND MORE OR
LESS;
11365
JRR/HG /mc 2/13/73 1sr
_ c)
FOR A TERM OF FIVE (5) YEARS, BEGINNING MAY 14, 1973 AND EXTENDING TO MAY 13,
1978, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF FOR
ALL PERTINENT PURPOSES.
JRR /HG /Mc 2/13/73 1sT
THE STATE OF TEXAS )
COUNTY OF NUECES )
THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF
1973, BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY ", AND JOE C. BICKHAM, -
OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED 11LESSEE ",
W I T N E S S E T H
THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DEMISE
UNTO THE SAID JOE C. BICKHAM THE FOLLOWING DESCRIBED PREMISES, TO —WIT:
BEING AN IRREGULARLY SHAPED TRACT OF LAND OUT OF THE GREGORIO
FARIAS GRANT, ABSTRACT NO. 592, AND OUT OF THAT CERTAIN 30
ACRE TRACT CONVEYED TO JOE C. BICKHAM BY DEED RECORDED IN
VOLUME 270, PAGE 558, DEED RECORDS, NUECES COUNTY, TEXAS,
SAID IRREGULARLY SHAPED TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER -OF SAID 30 ACRE .
TRACT FOR THE MOST NORTHERLY AND BEGINNING CORNER OF lHE
TRACT HEREIN DESCRIBED;
THENCE S. 55° 09' 37" E., (S. 57° 301 E. DEED CALL), WITH
THE NORTHEAST BOUNDARY LINE OF SAID 30 ACRE TRACT, A DISTANCE
OF 539.19 FEET TO A POINT FOR THE 140ST EASTERLY CORNER OF
THIS TRACT HEREIN DESCRIBED;
THENCE S. 370 22' 33" W., WITH THE NORTHWEST BOUNDARY LINE
OF THE ROGER D. BICKHAM TRACT AS SHOWN BY DEED RECORDED IN
VOLUME 577, PACE 614, NUECES COUNTY, TEXAS DEED RECORDS, A
DISTANCE OF 339.85 FEET TO A POINT IN THE NORTH RIGHT —OF —WAY
LINE OF 50 FOOT WIDE HEARN ROAD FOR THE SOUTHEAST CORNER OF
THIS TRACT;
THENCE IN A WESTERLY DIRECTION WITH THE ARC OF A CURVE TO
THE LEFT WHOSE CENTRAL ANGLE IS 36° 321 09" AND WHOSE RADIUS
IS 204.06 FEET, A DISTANCE OF 130-12 FEET TO A POINT FOR THE
MOST SOUTHERLY OR SOUTHWEST CORNER OF THIS TRACT;
THENCE N. 18° 361 37" W.,A DISTANCE OF 1408.73 FEET TO AN
INTERIOR CORNER OF THIS TRACT;
THENCE N. 55° 09' 37" W., A DISTANCE OF 178.36 FEET TO A
POINT IN THE NIORTHWEST BOUNDARY LINE OF SAID 30 ACRE TRACT
FOR THE MOST WESTERLY CORNER OF THE TRACT HEREIN DESCRIBED;
THENCC N. 36° 53' 23" E., (N. 34° 25' E. DEED CALL) WITH THE
NORTHWEST BOUNDARY LINE OF SAID 30 ACRE TRACT, A DISTANCE OF
200.13 FEET TO THE POINT OF BEGINNING.
CONTAI 111 NG 171,439.96 SQUARE FEET (3.937) OF LAND IdORE OR
LESS,
AR1HG1Iac 2/13f73 1sT
FOR A TERM OF FIVE (5) YEARS BEGINNING MAY 111, 1973 AND ENDING MAY 13, 1978,
SUBJECT TO THE FOLLOWING CONSIDERATION, COVENANTS AND CONDITIONS, TO -WIT:
1. THE LESSEE IS TO PAY THEREFOR THE FOLLOWING RENTAL:
ONE HUNDRED TWENTY DOLLARS ($120) PER YEAR PAYABLE AT
THE BEGINNING OF EACH LEASE YEAR.
2. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO BE
USED FOR GRAZING AND FOR PASTURE LAND ONLY. THE SAID PREMISES ARE NOT TO BE
USED FOR ANY OTHER PURPOSE THAN THOSE HEREIN SPECIFIED UNLESS CONSENTED TO BY
THE CITY IN WRITING.
3. LESSEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY PORTION
THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING.
$. 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.
5. IT IS UNDERSTOOD THAT THE CITY RESERVES THE RIGHT TO USE, OR TO
E
SELL GR LEASE'FOR A USE DIFFERENT FRCM THE PRESENT USE, ALL OR ANY PART OF THE
HEREIN LEASED LAND AT ANY TIME OURfKG THE TERM OF THIS LEASE. SHOULD THE CITY
NEED THE PROPERTY, OR SHOULD SAID PROPERTY BE SOLD OR LEASED BEFORE THE EXPIRA-
TION C.TE 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 SIXTY (60) DAYS AFTER RECEIPT
OF NOTICE TO VACATE.
6. 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 INJURED
OR DESTROYED AS A RESULT OF HIS AGRICULTURAL OPERATIONS.
7. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES
BEING LEASED BY HIM. -
8. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTES, 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 AS GOOD ORDER
AND CONDITION AS SAME ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE
ELEMENTS ONLY EXCEPTED.
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JRR /HG /MC 2/13/73 1ST •
g. 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_TEX °,S,
THE UNITED STATES, AND ALL RULES SET OUT BY THE CITY MANAGER OF THE CITY OF
CORPUS CHRISTI, TEXAS, FOR TI4E OPERATION OF THE LEASED PREMISES.
't 10. THE LESSEE SHALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVERAGES
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.
11. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDINANCES
OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES, AND ALL ORDERS AND
REQUIREMENTS IMPOSED BY THE HEALTH, SANITATION AND POLICE DEPARTMENTS OF THE
CITY, FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES INS UPON OR
CONNECTED WITH SAID PREMISES DURING THE TERM OF THIS LEASE AT HIS OWN EXPENSE.
12. THE CITY RESERVES THE RIGHT TO ENTER THE SAID PREMISES AT ANY
c
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.
13. 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 ITS ITS AGENTS, OR ATTORNEY SHALL HAVE
THE RIGHTS WITHOUT FURTHER NOTICE OR DEMAND, TO RE —ENTER AND REMOVE ALL PERSONS
THEREFROM, WITHOUT BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS AND WITHOUT
PREUU610E 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 RELET
THE SAME. FOR THE REMAINDER OF THE TERM OF -THIS LEASE AT THE BEST RENT THEY MAY
OBTAINS FOR THE ACCOUNT OF THE LESSEE, WHO SHALL MAKE GOOD ANY DEFICIENCY) AND
THE CITY (LESSOR) SHALL HAVE A LIEN AS SECURITY FOR THE RENT AFORESAID.
14. LESSEE AGREES TO SAVE AND KEEP HARMLESS THE CITY OF CORPUS
CHRISTI, TEXAS (LESSOR), FROM ANY AND ALL CLAIMS OR DAMAGES OF ANY 14ATURE
WHATSOEVER DUE TO ANY NEGLIGENCE OF LESSEE OR THEIR EMPLOYEES IN THE OPERATION
OF THE LEASED PREMISES.
15. THE CITY SHALL HAVE Tt;r 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.
-3-
.. JRR /HG /NC 2/13/73..15T
•
ci
16. NOTWITHSTANDING, ANY OTHER PROVISION OF THIS LEASE AND CUMULATIVE
OF ANY OTHER PROVISION, CITY RESERVES THE RIGHT TO CANCEL THIS LEASE UPON
GIVING SIXTY (60) DAYS NOTICE OF CANCELLATION TO LESSEE AT WHICH TIME LESSEE's
RO RATA SHARE OF THE ANNUAL RENTAL WILL.BE REFUNDED.
WITNESS TIIE EXECUTION HEREOF IN DUPLICATE ORIGINALS, EACH OF WHICH
IS TO BE CONSIDERED AS AN ORIGINAL, THIS THE DAY OF
1973•
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRETARY ELY
CITY MANAGER
APPROVED AS TO LEGAL FORM THIS LESSOR
DAY OF 1973:
CITY ATTORNEY
LESSEE
•
THAT THE FOREGOING ORDINANCE WAS READ FOq7RR THE FIRST TIME AND PASSED
TO ITS SECOND VT READING ON THIS 7HE�DAY OF__t� , �J�_, DY THE
FOLLOWIIG VOTE:
RONtJ IE SIZEMORE
CHARLES A. BONNIWE LL
ROBERTO BosQUEZ, M.D. U
REV. HAROLD •T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE DAY OF__A, 19_,x, BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE
' CHARLES A. BONNIWE LL _- �__l�•C /�N✓�
ROBERTO BDSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO,, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME QND PASSED
FINALLY ON THIS THE�DAY OF Z, e , -j9�f BY THE FOLLOWING VOTE:
RONNIE SIZEMORE n (/
CHARLES A. BONNIWELL
ROBERTO BosQUEZ, M.D. v
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR. - -- - -'�t�
J. HOWARD STARK �7
PASSED AND APPROVED, THIS THE ocI DAY OFF , 19 7 .
ATTEST:
` O
,X
CITY SECRET RY M D
THE CITY OF C RPU C ISTI, TEXAS
AP%TA
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