HomeMy WebLinkAbout13923 ORD - 09/07/1977JKH:vmr:8- 2- 77;lst 1 }
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER 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 MC ARDLE
ROAD AND FURTHER DESCRIBED HEREIN, FOR THE
PURPOSE OF ESTABLISHING AND MAINTAINING A PUBLIC
RECREATIONAL AREA, A SUBSTANTIAL COPY OF WHICH
f AGREEMENT IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED 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, 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 substantial
copy of said agreement being attached hereto and made a part hereof.
" E
MICROFILMED
JUL 0 71980
• ��923 '
n �
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Lease made and entered into on this the day
of , A. D. 1977, by and between the CITY OF CORPUS
CHRISTI, a municipal corporation, acting herein by and through its City
Manager, hereinafter 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 or 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
Harold 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. 29° 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 Mc Ardle Road, for the most Northerly corner of the tract
herein described;
Thence S. 61° 00' E., with the Southwest right of way line of
said Mc Ardle Road, a distance of 277.80 feet to a point, for
a corner of the tract herein described,
Thence S. 29° 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;
o
0
Thence S. 61° 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. 29° 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. 61° 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
7th day of September,,1977, 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
agrees that no additions or alterations shall be made to the premises without
the consent of the Park and Recreation Department in writing. 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 with-
out compensation to Lessee for such easements 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
2
recreational area for the benefit of the public with primary use being the
aforesaid Little Misses Kickball program and for no other purpose without
the prior written consent of the Park and Recreation Department.
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 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, preven-
tion 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 indemnify 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 connected 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 at its expense 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.
10. It shall be the responsibility of the Lessee to maintain,a
current list of its officers on file with the Department of Parks and Recrea-
tion.
11. This contract contains all the provisions agreed upon by
the parties hereto and displaces all previous verbal or oral agreements.
3
WITNESSETH the hands of the parties hereto this the
day of 1977.
ATTEST: SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE
APPROVED:
DAY OF 1977
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
CITY OF CORPUS - CHRISTI, TEXAS
City Manager
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�ti ANDERSON SiWD. t,•
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SOUTH PADRE ISLAND DRIVE
O 100 200 300 400 50C
GRAPHIC SCALE IN FEET
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5F.81'C!Tl',j�:il' /f/�1 L{ J /T� \ _ B C ROM WILLIS SUB(:I`,'(�
,r,ER— L'R:cV -TS 5T." 1,;S;i -iz
That the foregoing ordinance was read for he first time and passed to its
second reading on this thej A d day of�, 19 _Z by the
following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
That the foregoing ordinance was read for the second time and passed to its
third reading on this the_(p-0-- day of 19_Z_, by the
following vote:
Jason Luby
lu
Eduardo de Ases
David Diaz
fi Ruth Gill
Bob Gulley MCI
Gabe Lozano, Sr.
Edward L. Sample
That the foregoing ordinan w s read for the third time and passed finally
on this they day of , 19_11_, by the following vote:
Jason Luby au,
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
PASSED AND APPROVED, this the�day of 191_.
ATTEST:
City Secretary
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
VDAY OF 19-77—:
This ordinance is in effect and
G/
force with or without the
J. BRUCE AYCOCK, CITY ATTORNEY
signature of the Mayor, in
accordance with Article II
section 6 of the City Charter.
By
Assistant City 'Attorney
13923
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, �ss:
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came .... .... ..........................
F-1-aria __ f' id. =1________________ ___ ___ ___ _____ ______ __________ who being first duly sworn, according to law, says that he is the
Accounting of the Corpus Christi Caller and The Corpus Christi Times,
..................... .
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
.y.w- i�GA�S r- ri�FOTIF�- E-• IS-• fi£,. 12ESY.- C1; �L1i1�T�-.- SOx7. 7: HSIIIE_. L. LTTLE... MLSSFzS ..LSIGKB�I.:r._�r�_AG'TJE._ ,
of which the annexed is a true co
Caller-Times
copy, was published in .................. ........ ..._...._......._.............. .- --..................._..._.�. '~-,�
on the-- [:�..... day of .........Aagust ................ 19.71•, 6W &-e � ............................ theMM"%r . ...................... _...
.................................... ...................
........ ..............Times. t :
22 68
$ .... ...................... .........
Gloria Garza Acc'ou'niiri " "' "�•
i Subscribed and sworn to before me this ......L6 ............ day of. ....... ..August ... ...................
' - - -_ 19 -__7 ? ..._.
Eugenia S. Cortez. ........... ......... - lS_.- S ...... ..........._.._ 1: c
Not Puh ' Nueces County, Texas ,�'f
r PUBLISHER'S AFFIDAVIT
r'
STATE OF TEAS, lss: f
County of Nueces. I
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
Gtoria Garza , who being first duly sworn, according to law, says that he is the
Aeemtniing . ............................................................. of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
L, ��, A. z., s,_ �,= iic3xl�- E- zs- 33F. �: EBx. �LV.: FSi__ �IISHfiI1zE _LLT.'Z:J..�..MI,S��S_KICKBALL. LEAGUE, ,
+ Caller -Times
• of *hich the°annexed is a true copy, was published in _.::......._ ...........
on the.......... day of..__Au ust.........._..._.. 19 77 andXdFd �a' fsli ... .........................thMdW' f ...._.............._ -
................ I ................ Times.
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.... ............................ . .. .L... ..___•
. Gioria- 'Garza -- - ........... Pi'C•S(SUYI Ytg---
x Subscribed and sworn to before me this ......tb ............ day of- .A.ugnst ................ 19........H
f
Eugei is S. Cortez . -__ �• (s......_:.
r. Nod P h Nueces County, Texas