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Home My WebLink About12001 ORD - 04/17/1974lv, f' JRR:jkh:4- 17 -74; 2nd TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE AN ADDENDUM TO A LEASE BETWEEN THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND SUNRISE COMPANY, A LIMITED PARTNERSHIP, ISSUED IN THE NAME OF MR. WILLIAM B. HOSKINS, TRUSTEE, WHEREBY THE LEASE WILL ALSO INCLUDE THE OLD DAM AND THE ADJACENT SHORELINE IN THE EXISTING CAMPGROUNDS LEASE AND WILL ALLOW FISHING FROM THE OLD DAM, ALL AS MORE FULLY SET FORTH IN THE ADDENDUM, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. 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 • to approve an Addendum to a Lease between the Lower Nueces River Water Supply District and Sunrise Company, a limited partnership, issued in the name of Mr. William B. Hoskins, Trustee, whereby the Lease will also include the old Dam and the adjacent shoreline in the existing campgrounds lease and will allow fishing from the old Dam, all as more fully set forth in the Addendum, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize the City Manager to approve the Addendum to a Lease as aforesaid creates a public emergency and an imperative public necessity requiring the suspension`of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the_ZZ3ay of April, 1974. ATTEST: Ci Secre ary AP ED: 7 DAY OF APRIL, 1974: City Attorne MAYOR THE CITY OF CORPUS CHRISTI, TE S 12001 l t THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LIVE OAK § ADDENDUM TO LEASE WHEREAS, By Lease Agreement.entered into by and between the Lower Tueces River Water Supply District, with the approval of the City of Corpus Christi, Texas, hereinafter referred to as "Lessor ", and William B. Hoskins, Trustee, hereinafter referred to as "Lessee ", dated the 19th day of July, 1972, and filed for record in the Deed Records of San Patricio County, Texas, under the Clerk's File Nos.223334 and 226105, covering 24.953 acres more or less described by metes and bounds in Exhibit "A" attached to said lease,. and WHEREAS, Lessor and Lessee desire to add additional adjacent properties to the lease, the same as if said properties had been included within the lease as originally executed, and subject to the limitations as herein set forth, and in connection with the addition of such properties desire to add also the following provisions set forth herein: W I T N E S S E T H: I. For and in consideration of the rents reserved and the full and faithful performance by the Lessee of all of the terms, provisions, conditions, and covenants hereof, the Lease Agreement is hereby amended in the following respects and particulars: A. Subject to the limitations as to the beginning of the lease as set forth herein, the metes and bounds description of the tract is hereby amended so as to add to the property leased adjacent property described in Exhibit "A" attached hereto. However, except insofar as possession or use of this property may be necessary to effect the improvements hereinafter called for, the Lessee shall not have the right of possession or use of this additional area until all of the improvements required hereunder have been completed and approved. B. Lessee shall have the right to move the chain link fence, or that portion thereof that Lessee desires to remove, dividing the properties originally leased from the properties hereto added to the 1� • lease, but in no event shall such fences be removed or breached in any way (except as may be necessary for construction purposes) until such time as the Lessee has completed all of the improvements on the additional property set forth herein, and such fence shall be rebuilt by the Lessee thereafter so as to extend to the 94 -foot line along the amended borders as provided in the original lease. C. The Lessee shall, prior to use or possession of such additional property, make such installations and repair of present improvements on the old dam, which is a part of the newly leased premises as to make it reasonably suitable as a fishing pier, including the construction of a safe walkway from the shoreline to the old concrete dam and lighting of the walkway and dam area so .as to make it reasonably safe for night fishing, and all according to plans and specifications to be approved by the proper authorities of the City of Corpus Christi. D. After completion and approval of such construction, fish- ing thereafter shall be permitted from such fishing pier. E. Lessee shall post signs conspiciously so that they may be seen by persons using the premises of Lessee, and along the water line where the newly leased premises meet the lake, indicating a prohibition against swimming in the area, and shall see that such signs are clearly readable and in good repair at all times and shall take reasonable steps to enforce the "No swimming" and "No Boating" ordinances of the City in such area insofar as the same might originate from the premises of the Lessee.. F. The Lessee shall restrict, supervise, or police the consumption of foods and beverages on the newly leased premises and shall place, maintain and empty refuse containers as is necessary to keep the area clean at all times and to keep refuse from being thrown into the lake. G. The cancellation called for in this addendum shall be covered by the 75% allowance called for in the RENTAL portion of the primary lease. H. In all respects and particulars, the original lease shall apply to the leased premises and all of the terms and con- ditions thereof shall likewise apply the same as if the property added thereto by this agreement and the provisions thereto added, by this agreement were fully and originally incorporated therein. EXECUTED in duplicate originals this the day of , 1974. LOWER NUECES RIVER WATER SUPPLY DISTRICT, Lessor ATTEST& By Don Emory Cox, President Robert E. Schneider William H. Hoskins, Trustee, Lessee 'APPROVED: CITY OF CORPUS CHRISTI ATTEST- By Burdett Graham, Secretary R. Marvin Townsend, City Manager ATTESTz T. Ray Xring, City Secretary APPROVED AS TO FORM: City Attorney ' 014 6A ,,^ (,,joy A CC0rAT--ty Z, /) �<d- 11 U o rr: od ) p1ce: cqs qcnl CE �6 DAM- R AcCBS S RO 4 c�. • WILLIAM B. OGLETREE. P.E. JAMES E. GUNN, P.E. 1013LETREE AND GUNN ENGINEERING CONSULTANTS STATE OF TEXAS COUNTY OF SAN PATRICIO L • (672) 862.2949 P. O. BOX 3661 - ZIP 78404 1201 AGNES CORPUS CHRISTI, TEXAS April 1, 1974 Exhibit A (Addendum) FIELDNOTES for a tract of lend, adjacent to and adjoining the southeasterly portion of a 24.953 acre tract, more or less, conveyed by the City of Corpus Christi to the Lower Nueces River Water Supply District as recorded in Volume 203, Page 560, Deed Records, San Patricio County, Texas, said 24.953 acre tract being subsequently leased to William B. Hoskins, Trustee, on July 19, 1972 and filed for record in the Deed Records of San Patricia County, Texas, under the Clerk's File No's. 223334 and 226105. FROM a point in the boundry line of said 24.953 acre tract, that point being described as the most southerly point in the 24.953 acre tract and being in the contour line of 94 feet eleva- tion, for a Point of Beginning; THENCE with and adjacent to the boundry of said 24.953 acre tract, N 471 01' 3211 E, 269.78' to a point; THENCE with and adjacent to the boundry of said 24.953 acre tract, N 19° 411 3211 E, 317.50' to a point; THENCE S 190 30' 0511 E, 167.00' to a point, said point being in the 94 feet elevation contour; THENCE along and with the meanders of the 94 feet elevation contour, in a southerly and westerly direction, to the Point of Beginning. WBO:gp OGLETREE 8. GUNN ENGINEERING CONSULTANTS By: William B. Ogletree, P': E. NORTH SCALE - 0. 100'— 0' TRACT- A s F 24.953 ACRES DEED OF RECORDS b @� SAN PATRICIO COUNTY ¢LERK'J FILE NO. 22334 m NO. 226/05 ^ Q ° a / 2F l+ Meanders Of 94 Ft. Elevation Contour. °k Q ti ,y2 LAKE a � �r Point Of Beginning We, OGLETREE Bi GUNN ENGINEERING, Have Made A Survey On The Ground Of The Foregoing Property . TRACT - A (ADDENDUM) FIG. I OGLETREE AND GUNN HN017116UMIN0 OONBYLTANTB Corpus Christi, Texas day of , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, r MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark