Loading...
HomeMy WebLinkAbout12569 ORD - 04/02/1975MLM:jkh :3- 18 -75; 1st ti • " k AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JAMES 0. RUSCITTO CONCERNING LEASE OF TRACT 5 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE NORTHEAST SIDE OF THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A RESTAURANT, BOAT DOCK WITH BOAT SLIPS, FUEL SERVICE AREA, AND BAIT AND FISH STAND, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A ", IS MADE A PART HEREOF. 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 to execute an agreement with James 0. Ruscitto concerning lease of Tract 5 of the Coastal Public Lands, being situated on the northeast side of the Intracoastal Canal crossing on Padre Island Causeway (John F. Kennedy Causeway), for purposes of building and operating a restaurant, boat dock with boat slips, fuel service area, and bait and fish stand, all as more fully set forth in the agreement, a copy of which, in substantially the form attached hereto, marked Exhibit "A ", is made a part hereof. a 12569 That the foregoing ordinan a was read fo �t,,hle - first time and passed to its second reading on this the _day of, -�= 19, 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 ordinanf a was read r the s cond time and passed to its third reading on this the .Z�o�day of %P1. 19 , 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 forjeg ng ordinance as refforhelhid time and passed finally on this the day of �' 191 L, by the following vote: Jason Luby James T. Acuff l t J Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J: Howard Stark PASSED AND APPROVED, this the ,Q ATTEST: i. Secretary ��APPROVED: �/�� _ , Q C DAY OF f Yi(i'4 , lg� ) .1 LlLt4akhai City Attorney 197s. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS pUBLISHEWS AFFIDAVIT STATE OF TEXAS, county of Nuepes* day personally came y N,t1rY Public, this Before me, the undersigned, a sworn, according to law, says that he is the ..................... who being first duty Corpus Christi Times, ...................... of the Corpus Christi Caller and The that the publication of .................................... said County and State, and - 0 Ruscit0o" at Corpus Christi, Texas, in .... James' ............ . spape,s published .. .......... Daily New 0_9 klI .N.Q ..an ................ . ..Lop copy, was published in ............. U130.0 ....................... true week-.. ..thereafter for ............................ of which the annexed is a tr and once each................ .... on the. day Of 14 Aril Z weeR,. DAM91y- consecutive.....-..._ .......... ........ .3f.................... -- ........ . .. ........ . . .. .......... ...................Times. .............. Times ....... ........ Waver -T- 19.7.5 ........ Bill Horton s .............. e this .......... day of.- Subscribed and sworn to before In . . ............................. _.kZ ' e; County, Texas Notary ublic, Betty Myers ....... C. "I t. F fl:, a . Msx', &h 20, �?7 • d' ` •' • - , . }'^FRt ,.x r .. 4� pY`• ,,. '�.✓" A4. 4. is •,d cG �{' fir' -. - t• .+3r• zl $'ss' "4.x , a; : ,R`,.• - - ,,. - . �'i §ice i,�s..7 - - k"^ �, sA• _ . Mr. Rick Baker, Classified Manager " - Corpus Christi Ctller4imer '. P. 0. Box 9136 i Corpus Christi, Texas 78401 > Dear Mr. Bakers ' Please publish enclosed notice of "a lease agreement between - Jim the City and James Q, Rusoftto; Tuesday,, -on Match J5'i and again Tuesday, -April 1, 2975., �., . ..;Hi].1 # - �, '• , - . -'„ , ti. Read pLi.. PUB,. ` �"�•nr. PUBLIC NOTICE IS HEREBY GIVEN in accordance with the City Charter of the City Of Corpus Christi, Texas, that the City Council of the City of Corpus Christi, Texas, did on March 19, 1975, pass on the first of three readings an ordinance granting a lease to Mr. James 0. Ruscitto. The property described in the lease is 0.462 acres of land along the John F. Kennedy Causeway known as Tract 5 (Intra- coastal Cafe), located in the City of Corpus Christi and in Nueces County, and said Property is authorized to be leased by said ordinance. The lease shall be effective on the 61st day following the final adoption of said ordinance by the City Council and shall expire on October 24, 1979, and shall be subject to renewal by the lessee for an additional five -year period conditioned upon the City of Corpus Christi, Texas, successfully obtaining the authority from the State of Texas to so extend the lease. The consideration or rental provided in the lease is $96.00 per month or 1% of gross sales and receipts, whichever is greater, payable to the City of Corpus Christi, Texas by the lessee, and subject to increase at the option of the City of Corpus Christi, Texas, by not more than 20% at the end of each two year - period during the term of the lease. ISSUED UNDER MY HAND AND SEAL of the City of Corpus Christi, Texas, this 20th day of March, 1975. BILL G? READ, City Sec SEAL retary City of Corpus Christi, Texas ( ) AGREEMENT THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation, hereafter referred to as Lessor, pursuant to a Resolution authorizing this Agreement, and James 0. Ruscitto, hereinafter referred to as Lessee, and for such, WITNESSETH• 1. That in consideration of the covenants herein contained on. the part of Lessee to be kept and performed, Lessor does hereby grant to James 0. Ruscitto a non - exclusive lease for the purpose of building and operating a restaurant, boat dock with boat slips, fuel service area and bait and fish stand to further public recreation in the Coastal Public Lands described as Tract 5 on Exhibit "A" attached hereto and made a part of this agreement. 2. This agreement is subject to all provisions of Coastal Public Lands Lease No. L -1000, a copy of which is attached hereto as Exhibit "B ", and to all provisions of TEX. REV. CIV. STAT. ANN. Art. 5415e -1. 3. The term of this lease shall be for a period beginning on the 61st day following the date of final adoption of the Ordinance authorizing this agreement and ending on October 24, 1979. Lesse# shall have the option to renew this lease for an additional five -year period subject to the Lessor successfully obtaining the authorization from the State of Texas to so extend the lease. 4. Either party hereto may terminate this agreement by giving notice to the other party of intent to do so at least one year in advance of the date of termination. Both parties mutually agreeing may terminate this agreement at any time. 5. The Coastal Public Lands contemplated by this agreement are expressly subject to lease by the School Land Board for the exploration for and development of oil, gas, minerals, and /or other energy sources at any time during the term hereof. 'xu A" 6. For and in consideration of this lease, Lessee hereby covenants and agrees with and to Lessor that it will pay to Lessor at Corpus Christi, Texas, the amount of Ninety -six ($ 96.00 ) Dollars per month, or one percent of the gross sales and receipts for the month, whichever is greater. Payments shall be made by Lessor for each calendar month, and shall be due on the 20th day of the following month. Lessee agrees to submit a report to Lessor, accompanying each monthly payment, of the gross sales and receipts for each month. If Lessee shall knowingly furnish any incorrect statement of gross sales and receipts, this will constitute default on the part of Lessee entitling Lessor at its option to declare this Agreement terminated. Any such report which shall understate the gross sales and receipts for any month by as much as ten percent (10 %) of the true amount thereof shall be conclusively deemed to have been knowingly and falsely furnished by him, and Lessor in order to exercise its option of termination shall only be required to establish such falsity and shall not be required to establish actual knowledge on the part of Lessee of such falsity. Lessee agrees that Lessee's cash register and all records relating to Lessee's operation shall be subject to the examination and audit by Lessor at any time. Lessee further agrees to provide copies of sales tax reports and income tax statements to Lessor within 30 days after such reports and statements are filed with the State and Federal governments. Lessee agrees that the monthly amount to be paid may be increased, at the option of Lessor, at the end of two years after the effective date of this Agreement, and again at the end of each succeeding two -year period, by an amount not to exceed twenty percent (20 %). The increase may be applied to either the flat monthly rate or to the percent of gross sales and receipts, or to both, at the discretion of Lessor. Lessee further agrees to place on deposit with Lessor an amount equal to the sum of the last six months payments due under this Agreement (at the beginning flat monthly rate) to be held as a good faith deposit during the term hereof. -2- 7. Lessee covenants that it will not assign this Agreement nor sublet the whole or any part of said premises unless it has first obtained the written permission of Lessor. 8. Lessee agrees to construct a new restaurant structure within one year from the effective date of this lease. Lessee may construct or demolish buildings and structures, or extend and improve existing buildings and structures, provided that Lessee first obtains the written approval of Lessor for each specific project. Lessee shall construct and repair all improvements and install all equipment in compliance with the City of Corpus Christi Building Code, Electrical Code, Fire Prevention Code, Plumbing Code, Zoning Ordinance, and all other applicable laws and ordinances. It is agreed and understood that all, construction and repairs of buildings and structures and equipment installation shall be at the expense of Lessee. Buildings shall be painted at intervals not to exceed one year unless Lessee obtains a written waiver of this requirement from Lessor. 9. A copy of City Council Resolution No. 11768 is attached hereto as Exhibit "C ". Lessee agrees to carry out the spirit and intent of said Resolution No. 11768 by maintaining the premises so as to be clean and have a pleasing appearance. Lessee agrees to maintain regular garbage collection services, using either the services of the City of Corpus Christi Sanitation Division, or the services of a solid waste contractor holding a City of Corpus Christi Solid Waste Permit; and to prevent the accumulation or storage on the premises of any abandoned motor vehicle or boat, ice box, refrigerator, stove, glass, building material, rubbish or similar items. Lessee agrees to prevent the accumulation of any junk, trash, or other debris in the waters within or immediately adjacent to the shoreline of the premises. 10. Lessee agrees to provide its services to the public and to be open for business according to the following schedule: DAY OF THE WEEK TIME EXCEPTIONS Sunday 3:00 A.M. to 11:00 P.M. None Monday " 11 Tuesday Wednesday " Thursday " Friday " Saturday " -3- Lessee agrees to deviate from the foregoing schedule only after obtaining written permission from Lessor. 11. It is expressly understood that Lessor shall have ingress and egress to and throughout the premises at all times during the term of this Agreement. 12. Lessee agrees to post in a conspicious place at every location where merchandise is sold, or fees are to be charged, a schedule of prices which arenot in excess of those charged under similar condi- tions elsewhere in the City. 13. All improvements on the premises shall be the security for prompt payments hereunder, and as a consideration for this Agreement, Lessee agrees that all homestead exemptions be waived. It is understood and agreed that, in the event of default in the payment of any amount due, or in the failure of Lessee to keep any of the covenants or agreements herein, or upon the violation by Lessee of any city ordinance or other law in the carrying out of this Agreement, then and from thenceforth this Agreement shall be terminated and the full amount due hereunder shall become payable immediately. It is further understood and agreed that in such event all buildings and improvements on the premises shall remain as attached to the land and be and become the property of Lessor unless Lessee, within sixty days from the date of re -entry by Lessor, shall pay all payments then in default at the date of re -entry to Lessor; and Lessor shall at once have all right of re -entry upon said premises and Possess, have and enjoy the same which it would have upon the expiration of this Agreement by lapse of time. 14. It is further agreed and understood that Lessor shall not be liable to Lessee, or to any other person whatsoever, for any injury, loss or damage to any person or property in or upon the Coastal Public Lands hereinabove described. Lessee hereby consents and agrees to assume all liability for or on account of any injury, loss or damage above described, and to indemnify and forever hold harmless Lessor against each and every claim, demand or cause of action that may be made against Lessor by reason of or in any way arising out of any defect or imperfection in any building, pier, wharf, sidewalk, driveway, street, or any other structure in or upon the Coastal Public Lands hereinbefore described. -4- Lessee agrees in this connection to carry public liability insurance in the minimum sum of $50,000 for one person and $100,000 for any one accident and in addition thereto to carry a minimum of $5,000 insurance for property damage liability, in a company or companies acceptable to Lessor, with a loss payable clause making Lessor an additional insured, and to maintain a copy of said insurance policy on file with Lessor. EXECUTED this the day of lg ATTEST: APPROVED: DAY OF City Attorney CITY OF CORPUS CHRISTI By R. Marvin Townsend City Manager LESSOR James 0. Ruscitto LESSEE TRACT N0. 5 A tract or parcel of land and /or water being on the Northeast side of the Intracoastal Canal crossing on Padre Island Cause- way, and being more particularly described as follows: Beginning at a point which is in the centerline of Padre Island Causeway right -of -way and the centerline of Trestle "B ", being also the centerline of said Intracoastal Canal; Thence S. 64° 03' E. along the centerline of the Padre Island Causeway right -of -way a distance of 578.7 feet to a point; Thence N. 25° 57' E. a distance of 115 feet to a point; said point being the most westerly corner of Tract No. 5, and place of beginning; Thence continuing N. 25° 57' E. a distance of 154.9 feet to a pojnt, said point being the most northerly corner of Tract No. 5; Thence S. 64° 03' E. a distance of 130 feet to a point, said point being the most Easterly corner of Tract No. 5; Thence S. 25° 57' W. a distance of 154.9 feet to a point, said point being the most southerly corner of Tract No. 5; Thence N. 640 03' W. a distance of 130 feet to a point, said point being the most westerly corner of Tract 5 and place of beginning: Containing 0.462 acres of land and /or water, more or less. EXHIBIT "A" N 0 - w _ a a n 1 n 0 W O a l i 11 N a M. w n � n Z � �w N •>1 b 0 H o�. I OF Curve /Oala \� i d = = 33'03' \ � O 2• T =650.0' I L =/652.50' Q •7B64.00' R/. /y5�34.63 o $f4. 2/ // //,90 ffP/J %Q %rE3ffP 0 0 5fa. 2/Q f /C, 00 �fo /cocoas /a /Cana /�TreS / /efI' H o l 0 ,Uueces Counfy fr�gi��erii�g /Jepf. ,Piyhf of dYoymop ,Uo. /J33 /038, rev /5ed do% /,luq, 1967. i L /070067.00 /'nd Tresf /C C" COASTAL PUBLIC LANDS LEASE 110. L -1000 RECclVED COASTAL PUBLIC LANDS LEASE ITO_ L -1000 OCT I o 1974 STATE OF TEXAS X COUNTY OF TRAVIS X i The parties to this lease are the School Land Board of the State of Texas, LESSOR, and the City of Corpus Christi, Nueces County, Texas, LESSEE. This lease is made under the authority of and for the pur- poses set forth in the Coastal Public Lands Management Act'of 1973, TEX. REV. CIV. STAT. ANN. art. 5415e -1, 98(a) (1) and 98(b) (4) . The term of this lease is five (5) years from the date hereof. Either party hereto may terminate this lease by giving notice to the other party of intent to do so at least one year in advance of ,the date of termination. For and in consideration of the covenants herein contained on the part of LESSEE to be kept and performed, LESSOR does hereby lease unto LESSEE, subject to all provisions of TEX. REV. CIV. STAT. ANN. art. 5415e -1, the Coastal Public Lands described as Tract No. 1, Tract No. 2, and Tract No. 3 on Exhibit A attached hereto and made a part of this Lease Agreement. The Coastal Public Lands contemplated by this lease are expressly subject to lease by the School Land Board fdr the exploration for and development of oil, gas, minerals, and /or other energy sources at any time during the term hereof. For and in consideration of this lease, LESSEE hereby covenants and agrees with and to LESSOR that it will during the term of the lease pay to LESSOR at Austin, Texas, on the ninetieth day after -the date hereof, or the next business day thereafter, if the same falls on a Sunday or legal holiday, and every ninetieth day there- after until the termination of this agreement, thirty -three and one - third per cent (33- 1/31-) of the gross revenues derived by LESSEE from and paid to it by virtue of contracts or franchise agreements entered into by LESSEE to promote public recreation upon the hereinbefore described Coastal Public Lands. B It is further_ understood and agreed that twenty -five per cent (25e,) of the said gross revenues shall be placed in an interest - drawing special account by LESSEE, consistent with the Paws of the State, for the purpose of future appropriation by LESSEE for planning, engineering and constructing public recreational facilities upon the hereinbefore described Coastal Public Lands; provided, that upon termination of the lease, any funds remaining in said special account, with accrued interest, will be remitted to LESSOR; provided further, that plans, drawings and description of any public recreational facilities funded out of said special account, shall be submitted to LESSOR for LESSOR'S approval before construction begins. It is further understood and agreed that all books, records and ledgers kept by LESSEE relating to revenues derived by virtue of contracts or franchise agreements entered into by LESSEE to promote public recreation upon the hereinbefore described Coastal Public Lands, shall be made available to LESSOR upon request. It is further agreed and understood that LESSOR shall not be liable to LESSEE, or to any other person whatsoever, for any injury, loss or damage to any person or property in or upon the Coastal Public Lands hereinbefore described_ LESSEE hereby consents and agrees to assume all liability for or on account of any injury; loss or damage above described, and to indemnify and forever hold harmless LESSOR against each and every claim, demand or cause of action that may be made against LESSOR by reason of or in any way arising out of any defect or imperfection in any building, pier, wharf, sidewalk, driveway, street, or any other structure in or upon the Coastal Public lands leased hereby-EXE CUTED in duplicate originals this the day of C%Ci7�f� , 1974_ ATTEST: SCHOOL LAND BOARD OF THE Secretary of the School Land Board STATE OF TEXAS Bow Armstrong, Chairmap tiun•}i�1 A, 1 _ 1. ,--7 ATTEST: /73ir1 G. "Read APPROVED: J es R_ Riggs /c.i.ty Attorney THE STATE OF TEXAS X - COUNTY OF TRAVIS X CITY OF CORPUS CHRISTI By R. Marvin i'ownserid City Manager �YL'•�L'i1C;1 _Z2^7 �•lC�� -- BEFORE ME, the undersigned authority, on this day personally appeared BOB ARMSTRONG, Chairman of the School Land Board of the State of Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said School Land Board of the State of Texas for the purposes and consideration therein expressed and in the capacity therein_ stated. GIVEN MY HAND AND SEAL OF OFFICE, this the day �UN,,,ER of 12 .t•. i�.5�7 -Notary Public in and for TRAVIS COUNTY, TEXAS fC,r- THE STATE OF TEXAS ,r•„C�, �o COUNTY OF NUECES X BEFORE ME, the undersigned authority, on -this day personally appeared R. biARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for -the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ,(',C% day of LC. ,_;4_-;, 1974. rLi Notary Public in and for NUECES COUNTY, TEXAS -3- is c •. C E R T I F I C A T E I, E. E. White, Secretary of the School Land Board of the State of Texas, do hereby certify that at a meeting of the School Land Board duly held on the 16th day of July 1974, the foregoing instrument was presented to and approved by said Board under the provisions of Article 5382c, VCS, all of which. is set forth in the Minutes of the Board of which I am custodian. IN TESTIMONY WHEREOF, witness my hand this the 25th day of October , 1974. y a °i-- Sar,- eta.ryTOf the Srhnn7. .Land Board — £YIIIBIT a'iL�CT t;0. 1. De. criptio_ for a 148.21 uczc act. of 1 :� _' or t:.t lY -Zz'G it L- �,una i -_adre and ees'Yana cct of the of � iru.2blc Cha ni:e! ,z,'_-idge o- ,1^ r'c=_ Is_n-, Causeway -M2 beirr out of State 'i'_ >, ct.. °0 `rd . ,1, say(_ 43.2_ t_ act bciuz rore = describ_d by a°tes 2.c boL:ds followo_ - Be �_aiuS a poi =t in the cent r-1 ` � a ue of ^aid Fuze Is!'-nd Causeway a± .-'s .l �~!.^ nee_ .Sat lOa C� — c -�� �- �4 � 31 -��, said point being S.61° 00' E `o_o cente_line of said I'2dre Isl- -nd Causeway 3659-75 fe._t fro- -vast land of Lahr=.- i `_ 'iee*_ce ii. 296 00' 1;. , distance of 525.0 feet to point in the Lo ..ast ^riZ_t e :,vay line of•said padre Island Causeway for the host ncrt erly come,- o_° the tract h�:reia described; . Thence 5.610 CO' E. Idth the northeast r_g�:t c° - ay line or sr-id padre isl nd Causeway, - n o fee' a ads:.`.._ 1641.31, �� to ,. -6ciat the F. �. OT 2 ct2_L,e to L right - oz comer o=' the tract herein Thence in a 9out_r-as -u erly d'rect O? 3itf2 tiI_ >_ra p° Circular curVe t0 the rig. t 'Whose central a*r'' �_ is ` o 100 1F5'- 35 ", uhcse ra ius is 2434.86 fee `c di s- te --ce is x:57.25 feet to a point for the Y' T t eas,e__f coiner of the tract hcrei; described- . i$ence 5.390 1151 35 " TI. , at 525 feet pass the center- line of said Fadr� 2sla ? Causavay at a, ^eer's Statica ll�s t 35.33, in all a dista=ce of 1050 -0 feet to a -co;*_•t for the cost s0uth _ r2 - car_•_er of the tract herein described; Thence in a northeasterly direction ;:'i.'th the 2--c of, a circular ct-- to the 1e.� „hose ce -tr.__, :`31e is 10° 5' 35 ", arid. z 3ose radius is 138 -.86' feet, a- arc nistarce ' 2660.07 feet to a point, the F.T. of said cr-.•a for- corner of a tract herein describez?; �2ence iT. 61° 00' ld. , t ith the so`.; -aes-' right of nay lint of said Fade Isle^_d Ccuse, ;-Z7 said line being 525.0 feet south:rest of and 53*82-lel to the centerline of said. P2e^c 'shad Causeway, a a'sta -ce- o° 26,1.34 feet to a ao ;nt for-, the bast westerly corner o° the tract herein described; Thence ii. 290 00' E., a d stance of 525 -0 feet to the -ooi' of begirmicg. Coataiaina k8.21 acres of la., -:d oz eater nora o; ?es s_ EXHIBIT r TP 1CT RO _ 2 Ucscr_'pt:.ou for ._ 126.2 acres of l.=d ,=dJcr uc .lying cast and ues of the Irtruco_ .-, t"? Ca, i t__ on `__ Padre Isla -"1 Case: -red b; ' _ aY "' i ^� -, cut of State Tract^ Ro. 51, said 126.2 acres of 1`d aid /o, Hater oei pore pa rticul�-,ly described by ra yes and, bou=41 -, as EcSin ih^ at a point is the centerline Of Padre Island_ Causeway at its intersection-'With the west or =a miE d side of L_z.L,_a 2:a? -c at Engiraer's Station _ `• 57 � 75.53• Thence -with the centerline of Padre Isl- -d Causevay, s. 61° o0' E. , 53-011.09. feet, the P _C. of a cur-, e at 1�uaineer's Station I?0 + 76.67; Thence still.'it_ - centerli.ne of sad Pad e Is1Ld Causzaay and xith the arc of a circula c,1-1-ve to the right -L:hose .i s 30° 00' 0'�" - den cruel a -- and ;.hose rad-u, is 1909.861fe_t, an arc list -ce of 1000.03 feet to a poiut, Z_e P.`"_ of said can e, at - rmgineer's Station 120 •f- 6L.65 (E^uat; sinus 12.05 feet); T-enc_ S. 30° 59' 56" E , stiu? ;rich the centerline of said Padre Isl_3 Cz_sewKr, a d; s= ice Of 6630.0 feet to a oir,;, t_te -P-C. of - -, y - - CurTfe ht F�,ri ee 1 l • 67 -+- 04. ` C^iCii`�"� . o�..._= s St 1" � 87 Ba.'3 = 185 -a-' . • . '�� "77.21 fo_ >.I� -d; . -- - - . Thence P1. 59° 00' 04." a st`ce Of 525.0.fzet CO a point in the Wort east rift of 'Tay of said Pedro -Tsl`d • C.ausei ay for the ros- northerly Cc=.er of the in -describea' tract h °re- ^cage in a she nO`h °a t - rignt of :;ay line o_° P.. -_(!re. Isla C =use V . the .jai^ ^_ S;ay ana'.�.th _ • t__._ 2_c of 2 circular c-ar— �O Lhe 'lei FhOSC Ce-+i. - Z.rl a is 33° n2' 35", ....d . u r ^--3- . oss zaii: ,s 2339.79 an exc distance of 13,9.38H T. J� loot �O a pox;t, tai_ P.`�'.A o° said came for a corner of this tract; Thence S. 640 02' 31" F.. , ' :ate `the northeast right of 'Tay line of s,id.pa,�_e 101—d czu3away, 3582.87 feet to a point for tie sost easterly comer - of this tract;. Mence S. 25° 57' 29" If-, at 525.0 Teel crass the centerline of said Padre Tsl`d Causeway at � dnee. , th of , r s S„-zioa 239 + 39.90, en •t1he 'lest edge of Trestle "C" i? � aLt a distance Of 1050.0 feet to a point is the sout*m:,est , u of lire of said. Padre Isla -,d Causeaz� for time most send -.erly corner of the tract'cereLa described; Thence II. 640 02' 31" IT-, 'Tits the sout� st rig ;t Of --ay line Of said Padre Isl�d Cause::ay, a distar_ce of 3582 -87 feat to : poi rat in the :,.C- of ._ curve for corer of the - tract herein described; - Thence in a nort'h:resterly circction'dta the south^-.: -sL rjSht of fine of said Padre Isla-3 Causeway and tdt'h the .=c o a curve 'to the rio'ht wf:ose ccatral a`Zle is 33° 02' n " ^_d u�ose a= 3318 35 x4. us is 9.79 feet, az arc distcxcc o° 195'T g3 feet to a. point for th" nost west;rly corer of ti-is tract; anerce :d. 59° 00' 04" a distance of 525 -0 feet poin,, of b_cir�in�, > to the ContaiuinS 126.2 nc_cs of la.^d cor` or less_ ,•, Y:'X i I IBIT A Dcscripltioa for tract of 10 z- south Of t1l'-' 1-11and Cauca wjty t.'acLrc Czuse'WaY) and cast of th::- cz.-::1_1 and being OUL Of Szate Traci- 11,o_ 50 L-Zcl_ C)2 �_,j(i trac- of 12-1 of 110.57 acres beinL-,x-o-e by 2te"ez and boana:; as fo—I'Lows- BeSi-4_Z:F at a point in the centerline Of- said Paz,_-C 131—d Causeway at its irtcr- Ica with, t'­ V:St or- zainla-"d side of Lav--a Madre at Enzi-eerlz; Static= 57 75-58; Th m-c e Vith the ceiat tcrj� • lne Of said Padre sl—a CaiLLzevc�y-, S- 610 00' E., 5301-09 fe,:t, the P.C. of a cu--v, a- EMS'neer's Szaicn, 110 + 76.6*1 ; �,:-hc=coe st-1-111 -vith t-he Cellterli_c of said Padre lsla-a Cause: ay .--y3 1�t' tj2E- arc of a Cii'cula— cl:_-ve to the angle is 300 00' 04", and 'Whose'radir-s. is 1 an arc '909.80 distance Of 1000-03 fee'. to a oint, the p. p Saicl curve, at Engineer's Station 120 • 6•-65 (E:!ua-,_-;c'm=---12-05 feet): Tile ace S. 3 r" -l..z - .h Cente,�j of Said padre- !slama Cazseway' dis"n-cz- of 6a-0.0 to • a point, the P.C. of a circular CL`: at E­i--- -S Ste - --r - 2. C:1 187 + 04.87- bac� = 186 + 77.21 for­;.-az7_m; Thance -.ith the Base lime of Said Padre Islan-d Cause�way i- p edzLcti-cm vith a circa? a= cu--7-- to the left -w-r sF- czar_ -1 angle is 330 02' 35% a° -dwhose radius iz 2864,79 feet, an, are distzmcc Of 1652.16 feet to a PD:L--t tha !"-'2- of saie, cur-,re, a, F_-gireerls Station 203 + 5T.03; o S. rlk* 02' 31" E., iitb toe can' terl4na of said Padre is!;-r,!j ca7,sa-;-ay, Of 1359-87 --- ect P-" i2--ee-r's Station 217 — 10'.90; Thence S. 25' 57' 29" IT., a disc lea Of 525.0 fear to'a Point in the sc-uthlwt�st right of Vay line Of said Paarco Can'se'way' for the nest northerly e P-t! beg-jnnij�IZ co-m of the tract hLreirt described;* `a Lence S. 64(' 02' 3 '�ath the southe`a_t rht Of' line of Said Pa.'. -.. Isip"c' Causa:wav, 2. aist ­ae- of 2223' tact to a pointact is S. 25' 57' 2-9" 17. , 525-0 feet fxc= .the Vest edge of trestle "C" for the most cor-m-=' of .the tract hereizi described; Thence S. 250 571 29" Ii., a distam"ca of 795.0 feet to a poi L for the most souther_ Cc;--ner 0 f the tin he_-eim eesc--io d; Thence IT. 641 021 31" W_ zrita a line that is 1320-0 feet sOuth.west Of paralic I to the Cemitez-lin-e of said IslEma Causeway, a distance of 2223.0 feet to a point for tha Most vesterlY corner of the tact herej_, ac, . czlbea; Thence N. 25- 57' 29" E., ZL distance of X95 -0 feet to the point of begin ing_ Contaiminz 40.57 acres of land, rare or less.