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HomeMy WebLinkAbout14045 ORD - 11/23/1977• JKH:Hb:lO/i7/77 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY �ANAGER TO EXECUTE A LEASE AGREEMENT WITH THE OSO LITTLE MISSES KICKBALL FOR A PERIOD OF 5 YEARS, LEASING TO THE SAID OSO LITTLE MISSES KICKBALL A 4.23 - ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A LITTLE MISSES KICKBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS AT- TACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS mi CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized and directed to execute a lease agreement with the Oso Little Misses Kickball, leasing to the said Oso Little Misses Kickball for a period of five years, commencing on November 22, 1977 and ending five years from said date, a 4.23 -acre tract of land in South Guth Park for the purpose of establishing and maintaining a Little Misses Kickball Program, all as is more fully set forth in the agreement, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. MICROFILMED JUL 071990 x.40'45 is !I 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 OSO 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 4.234 acre tract of land out of Lots Seven (7), Nineteen (19). and Twenty (20), Section Seventeen (17). Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, pages 41. 42. and 43, Map Records, Nueces County. Texas, said 4.234 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a 1" iron pipe in the southeast boundary line of the Continental Pony League Lease Tract, said point being S. 600 58' 50" E., 435.0 feet from the most northerly corner of said Lot Nineteen (19), for the beginning corner of the tract herein described; Thence S. 600 58' 50" E., with the southwest boundary line of the Oso National Pony League Lease Tract, a distance of 470.92 feet to a point for an interior corner of the tract herein described; Thence N. 690 16' 10" E., a distance of 415.16 feet to a point in the arc of a curve, the southwest right - of =way line of Ennis Joslin Road for the most northerly corner of the tract herein described; Thence in a southeasterly direction with the southwest right -of -way line of said Ennis Joslin Road and with the arc of a curve to the left whose central angle is 00 32' 10" and whose radius is 5769.58 feet, an arc distance of 53.95 feet to a point for a corner of this tract; • • Thence S. 760 36' 40" W., a distance of 66.21 feet to a point for an interior corner of the tract herein described; Thence S. 330 18" 50" W., a distance of 445.76 feet to a point for the most southerly corner of this tract; Thence N. 600 45' 10" W., a distance of 700.0 feet to a 1" iron pipe in the most southerly corner of said Continental Pony League Lease Tract for the most westerly corner of the tract herein described; Thence N. 290 O1' 10" E., with the southeast boundary line of said Continental Pony League Lease Tract, a distance of 202.0 feet to the point of beginning. Containing 4.234 acres of land more or less. Being a 0.257 acre tract of land out of Lot Seven (7), Section Seventeen (17), Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, pages 41, 42, and 43, Map Records, Nueces County, Texas, said 0.257 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a 1" iron pipe in the southwest boundary line of said Lot Seven (7), and in the most southerly corner of the Oso Natignal Pon, League Lease Tract, said point being S. 60 58' 50' E., 905.92 feet from the most northerly corner of Lot Nineteen (19), said Section Seventeen (17), for the most westerly and beginning corner of the tract herein described; Thence N. 690 16' 10" E., a distance of 415.16 feet to a point in the southwest right -of -way line of Ennis Joslin Road, for the most northerly corner of the tract herein described; Thence in a southeasterly direction with the southwest right -of -way line of said Ennis Joslin Road, and with the arc of a curve to the left whose central angle is 00 32' 10" and whose radius is 5769.58 feet, an arc distance of 53.95 feet to a point for the most southerly corner of this tract; Thence S. 760 36' 40" W., a distance of 421.66 feet to the point of beginning. Containing 0.257 acre of land more or less. The term of this lease shall be five (5) years, beginning on the 22nd day of November , 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- • 2. Lessee does by these presents, and by entering upon the land agree to maintain a ball park to conduct a kickball program for girls. 3. No additions or alterations shall be made to the premises without the consent of the Park and Recreation Department in writing; and, if for any reason this lease is cancelled or expires, Lessee shall have the right to move all facilities installed by the League except pipe lines installed on, in or under the land. 4. 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 its use for kickball purposes. Lessee shall not deny access and use of the park to the general public during the hours when the park is not in use for kickball purposes. 5. Lessee further agrees that the City may use said land when needed by City or needed to be crossed by City by the installation of utility or effluent easements without 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. 6. Lessee does by these presents and by its entry upon the land agree to use said premises for the establishment and maintenance of a 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 City. 7. 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. B. Lessee hereby agrees to conform to all rules set out by the City Manager and /or the Park and Recreation Director of the City for the maintenance of said premises or operations thereon. -3- 9. 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, prevention 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. 10. Lessee does hereby agree that the City shall not be respon- sible 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. 11. Lessee further agrees to use the southwest portion of said tract for parking purposes as indicated on the attached map, marked Exhibit 2, incorporated herein by reference and made a part hereof. Lessee shall be responsible for construction and maintenance of a parking area, and suitable entrance and exit roads on said portion of the tract in accordance with standards set out by the Director of Park and Recreation. Lessee may also use for parking purposes the southeast portion of the Oso National Pony League Tract as indicated on the attached map. 12. It shall be the responsibility of the Lessee to maintain a current list of its officers on file with the Department of Park and Recreation. 13. This lease is subject to all of the ordinances of the City with respect to leases upon public property. WITNESSETH the hands of the parties hereto this the day of , 1977. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney -4- By R. Marvin Townsend, City Manager Director of Finance 0 , - I - ATTEST: By OSO LITTLE MISSES KICKBALL LEAGUE Al N /S' j c/ N,, • %a• Y= r s"ay.�• araaa• `i _ ► e.3•acsa^x,G70S9• � � � �• T i9o.sx• L+ aBa.7a• g6GS5' - Ihh SI ... .: .. .. •, . x fl3• . �. x: �rp,r �3! I :,� I o.so Ngr/ONIPC ;161 • - V6 - �P V. Art 1 Al 11 n # i 0s� 4 • rroz; a ✓v 6m a /e %Ar1 /cni Pmy ,taayum• Lev.•er ar+s ooded s. Thd� • .. 0 ,.. •. PAP 1 , / / i l � ' I / NATIONAL .UTTLE. LEA i i/ 10, i � � V I oSo - Ny7'/0 Nr4 I- s S :K -'644 7 mow/ l l 4 m GEAGUE �. oAO j OS L NN15- . i I I. T i ,i �1 1 .1 SOUTH GUTH PARK �. PARKING PLAN for NATIONAL LITTLE LEAGUE, } OSO LITTLE N415SES KICKBALL, AND 030•MATIOMAL PONY LEAGUE SCALE: 1" =100' NOVEMBER 7,197Z vsca s mer¢rerioN DEPT. That the foregoing ordinance was read for h@@ first time and passed to its second reading on this the lib day of 19 17 _, 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 s read for h second time and passed to its third reading on this the oday of 61011 19_tj�__. by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley OL Gabe Lozano, Sr. Edward L. Sample That the foregoing ordin a was read for the third timl and passed finally on this, the214 day off 191, by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample PASSED AND APPROVED, this the d8�!d day of 1971 ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS K APP D: VE , DAY OF 1977 This ordinance is in effect J. BRUCE AYCOCK, CITY ATTORNEY and force with or without the signature of the Mayor, in do accordance with Article II By t / Section 6 of the City Charter. Assistant Ci Plorney 140 45 U. PUBLISHER'S AFFIDAVIT STATE OF TEXAS, 1,8: County of Nueces. f Before me, the undersigned, a Notary Public, this day personally came.._...w­.___._.._ Gloria Garza who b g first duly sworn, according to law, says that be is the — Ac=,nx - ag.. --___. __.,._­....Y._ 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 LEGALS..NOTICE_I3 HEREaY •ON THE 26 H �Y.OF OCTOBER,,- ,9Z2�{�JZTH THE NATIONAL LITTLE LEAGUE FORA PERIOD OF FIVE YEkRS of which the annexed is a true copy, was published in T_ ' ' Caller -Times on the 31 day of_. October coi91ve__.._....._..__.— _ —­_._. .__Times. 16.38 "G'2 Subscribed and and sworn to before me this _.._._. 4 __.day o ovember _ „ 19_._ V ' Eugenia S. Cortez ACounty, Tex PUBLICNOTICB Notice Is herebY glum that the City Council of the City of l� i Corpus CMistl hat, a� the Z31h s deY of October, 1977, approved .�! on second reading an ordinal I authorliing the City Manager k j exanoe a lease agreement with . I the Oso Little Misses Kk:kbail, for a period of 3 Years, leasing to the saki Oso URte Misses Kkk- bell a a.Zt -acre tract of land 11 ! SOWN Guth Park for the pw- �posa of establishing and rnaintaing a Uttle Moses Kick- ' � bell Program. FIr6r reedlne of 'the artflrerlce was approved an. OMW 19, 1971. The full text Of this adinam is available to the pWic In the Office of the City WI NESS mY hand IhIs 9th day of October, 1977. S-BIII G. Read, City Secretary, Corpus Christi, Texas. PUBLISHER'S AFFIDAVIT STATE OF TEXAS, ) County of Nueces. J " Before me, the undersigned, a Notary Public, this day personally came,,,- •_.____.. ._G1oria..Garya ._ _. __.- �.__•�, who being first duly sworn, according to law, says that he is the 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 — LEGALS..PUSLIC_PiLiCTP.F._ 6 iFASF A(RF.FMF.jQT• -VdTTH HR pSQ_111Z �� CKBALL FORA PERIOD OF 5 YEARS, LEASING TO THE SAID OSO LITTLE MISSES r B ,. of which the annexed is a true copy, was published in _ . ial l ar_T; mom_.__.___ _. on- day of._--- Oeterbe 19_x, a ...•_.._..- � -_ - -_- .Times. Gloria Garza Subscribed and sworn to before me this_.- 26__ - -Zoal f.• - -•• A c Counti ng O.cto -her ....... -- ..___•..._. 19 -•.27 Eugenia S. Cgrtez , Nueces County, Tex PUBLIC NOTICE Notice Is hereby given that the Oty Council of the City of Corpus Christl has, on the 19th day of. October, 1971, approved an first reeding an ordinance' authorizing the City Manager to j execute a tease agreement with the Oso Little Misses Kickball fora perlod of 5yeare, leesingto said Oso Little Misses Kickball a 4IMacre tract of land In South' Guth Park for the purpose ofi establishing and maintaining aj Little Mtases Kickball Pro' gram. The full text of this ordP nance b available to the public' In the Office of the City Secret tary. Witness my hand this ggth; day of October, 7977. s -0111 G. Rend, City Secretary Corers Christi, Texas