HomeMy WebLinkAbout11777 ORD - 11/14/1973JRR:hb:10 /8%73
1st
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT WITH LONZO B. TOMERLIN
COVERING 3.937 ACRES BETWEEN HEARN ROAD
AND MAGEE LANE, BEING OUT OF THE GREGORIO
FARIAS GRANT, ABSTRACT NO. 592, MORE PAR-
TICULARLY DESCRIBED HEREINAFTER, SAID
LAND TO BE FOR GRAZING PURPOSES, COVERING
A FIVE -YEAR TERM, BEGINNING OCTOBER 15,
1973 AND ENDING OCTOBHR 14, 1fj% ALL AS
MORE FULLY SET FORTA I THE LEABE AGREE-
MENT, A COPY OF WHICH�a. fAft* HERETO
AND MADE A PART HEEOF, MARRED EXHIBIT "A"
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, Lease Agreement with Lonzo
B. Tomerlin for the leasing for grazing purposes of a 3.937
acre tract or parcel of land between Hearn Road and Magee
Lane, being out of the Gregorio Farias Grant, Abstract No.
592, more particularly described as follows:
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 be-
ginning corner of the tract herein described;
Thence S. 55" 09' 37" E., (S. 57° 30' E. Deed
Call), with the Northeast boundary line of said
30 acre tract, a distance of 589.19 feet to a
point for the most Easterly corner of this
tract herein described;
Thence S. 37° 22' 33" W., with the Northwest
boundary line of the Roger D. Bickham tract as
shown by Deed Recorded in Volume 877, Page 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°
32' 09" and whose radius is 204.06 feet, a
distance of 130.12 feet to a point for the most
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Southerly or Southwest corner of this tract;
Thence N. 180 36' 37" W., a distance of 408.73
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 Northwest boundary line
of said 30 acre tract for the most Westerly
corner of the tract herein described;
Thence N. 360 53' 23" E., (N. 340 28' E. Deed
Call) with the Northwest boundary line of said
30 acre tract, a distance of 200.13 feet to the
point of beginning.
Containing 171,489.96 square feet (3.937) of land
more or less.
The said lease is to commence on October 15, 1973 and extending
to October 14, 1978, the terms and conditions being more fully
set forth in the Lease Agreement, a copy of which is attached
hereto and made a part hereof for all pertinent purposes.
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 Lonzo B. Tomerlin,
of Nueces County, Texas, hereinafter called "Lessee ",
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 Lonzo B. Tomerlin 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 the tract
herein described;
Thence S. 550 09' 37" E., (S. 570 30'E. Deed Call), with the
Northeast boundary line of said 30 acre tract, a distance of
589.19 feet to a point for the most 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 877, Page 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 360 32' 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. 180 36' 37" W., a distance of 408.73 feet to an
interior corner of this tract;
Thence N. 550 09' 37" W., a distance of 178.36 feet to a
point in the Northwest boundary line of said 30 acre tract
for the most Westerly corner of the tract herein described;
Thence N. 360 53' 23" E., (N. 340 28' E. Deed Call) with the
Northwest boundary line of said 30 acre tract, a distance of
200.13 feet to the point of beginning.
Containing 171,489.96 square feet (3.937) of land more or
less;
For a term of five (5) years beginning , 1973 and ending
, 1978, subject to the following consideration,
covenants and conditions, to -wit:
1. The Lessee is to pay therefor the following rental:
Two Hundred Sixty Dollars ($260) 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• Prohibited uses specifically include the construction of any
structures, such as barns, stables, or outbuildings and fences, pens, corrals,
or feed lots.
4. Lessee agrees not to sublet the leased premises or any portion
thereof without the consent of the City in writing.
5. All action by the City in connection with the performance of
this contract, including notices to the City, shell be by and to the City
Manager or a person designated by him.
6. It is understood that the City reserves the right to use, or to
sell or lease for a use different from the present use, all or any part of the
herein leased lend at any time during the term of this lease. Should the City
need the property, or should said property be sold or leased before the expira-
tion 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 sixty (60) days after receipt
of notice to vacate.
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 injured
or destroyed as a result of his agricultural operations.
8. 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 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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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 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 of the City Fire Department.
12. 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 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 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 relet
the same for the remainder of the term of this lease at the best rent they may
obtain, 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.
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 operation
of 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.
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17. 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
pro rata share of the annual rental will be refunded.
WITNESS the execution hereof in duplicate originals, each of which
is to be considered as an original, this the day of ,
1973.
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY 0 , 1973:
Acc City Attorney
THE CITY OF CORPUS CHRISTI, TEXAS
BY
City Manager LESSOR
LESSEE
i •
That the foregoing ordinance was read for he first time and passed
to its second reading on this the day of_, 19 73 by the
following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
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 19 73 .. by the
following vote:
Jason Luby
,Tames T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzales
Gabe Lozano, Sr.
J. Howard Stark
That the foj egging ordinance was r ad for the third time and passed
finally on this the %F� day of , 19_3, by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzales
Gabe Lozano, Sr.
J. Howard Stark
PASSED AND APPROVED, this the
ATTEST:
/ "-W4 ALI
Ci Secretary
AP�PRRO�ViE�JD : 7
OF lY�
d-x.
Ii. 4w 19 1.3 .
MAI
THE CITY OF CORPUS CHRISTI, TEXAS