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HomeMy WebLinkAbout18316 ORD - 07/03/1984AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR GRAZING PURPOSES WITH MR. AND MRS. JOE A HANSLER, FOR A 28.06 ACRE TRACT ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT. BE IT ORDAINED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a lease agreement for grazing purposes with Mr. and Mrs. Joe A. Hansler for a 28.06 acre tract acquired in connection with the Navy Clear Zones Land Acquisition Project, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof marked Exhibit A. 18316 MICROFILMED SEP 2 8 1984 THE STATE OF TEXAS X COUNTY OF NUECES X GRAZING LEASE THIS AGREEMENT, made and entered into this the day of 1984 by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and Joseph A. Hansler and wife, Micheline Hansler of Nueces County, Texas, hereinafter called "Lessee". W I T N E S SET H: The City of Corpus Christi, does by these presents lease and demise unto the said Joseph A. Hansler and wife, Micheline Hansler the following described premises, to -wit: See Page 5 For a term of three (3) years beginning May 1, 1984 and ending on April 30, 1987, . subject to the following consideration, covenants and conditions, to -wit: 1. The Lessee is to pay therefore the following rental: Fifty Dollars ($50.00) per month, payable on the first day of each month, in ad- vance, for the term of this lease. Check or money order for the full amounts is to be made out to: CITY OF CORPUS CHRISTI and should be delivered or mailed to: City of Corpus Christi Property and Land Acquisition Division 1801 N. Chaparral' Street Corpus Christi, Texas 78401, and to the attention of Roman Barrera, so as to reach Landlord on or be- fore the due date. 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. Caribbean & Flour Bluff Drives (28.06 acres) Page 1 of 5 3. Lessee agrees not to sublet the leased premises or any' portion thereof without the consent of the City in writing. 4. All action by the City in connection with the performance of this contract, including notices to the City, shall be by and to the City Manager or a person designated by him. 5. 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 grazing operations or to replace all such lines injured or destroyed as a result of his grazing operations. 6. The Lessee agrees to pay for all utilities used at the premises being leased by him. 7. The Lessee agrees to pay for any and all expenses necessary to provide access to the property being leased. 8. It is agreed that construction of improvements on the leased premises is prohibited. Lessee agrees to pay for any fences necessary for his grazing operation. 9. At the expiration of the lease agreement, the Leasee shall retain any and all fences which are erected by the Lessee during the term of the lease agreement except where there is breach of contract by the Lessee in which case the fences shall be retained by the City as liquidated damages. 10. 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. 11. 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. 12. The Lessee shall not permit malt, vinous or alcoholic beverages on "Grazing Lease" 5-1-84 to 4-30-87 Caribbean & Flour Bluff Drives(28.06 acres) Page 2 of 5 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 or the City Fire Department. 13. The Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises, and all orders and require- ments 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. 14. The City reserves the right to enter 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. 15. 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 performance thereof in any modes or manner provided by law; and may declare the lease for- feited 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 re -let 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 shall have a lien as security for the rent aforesaid. 16. Lessee agrees to save and keep harmless the City of Corpus Christi, Texas, 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. 17. 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. 18. Any notice or other communication from either party to the other in regard to this agreement shall be deemed sufficiently given if sent by dertified . mail, with postage and fees paid addressed to the party intended at the following address: "Grazing Lease" 5-1-84 to 4-30-87 Caribbean & Flour Bluff Drives (28.06 acres) Page 3 of 5 City of Corpus Christi Mr. and Mrs. Joseph'A, Hanaler Property & Land Acquisition 1515 Caribbean 1801 N. Chaparral Street Corpus Christi, Texas Corpus Christi, Texas 78401 78418 19. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. 20. By Lessee's execution hereof, Lessee acknowledges that they have read this agreement and understand that this agreement is not binding on City until properly authorized by the City Council and executed by the City Manager of' the City of Corpus Christi, Texas. WITNESS the execution hereof in duplicate originals, each of which is to be consideraed as an original, this the day of 1984. THE CITY OF CORPUS CHRISTI, TEXAS By: Edward A. Martin City Manager ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS APPROVED: By: LESSOR DAY OF , 1984. J. •BRUCE.AY000K, CITY ATTORNEY Assistant City Attorney James K. Lontos, P.E., Assistant City Manager Joseph A. Hansler Micheline Hansler LESSEES "Grazing Lease" 5-1-84 to 4-30-87 Caribbean & Flour Bluff Drives (28.06 acres) Page 4 of 5 Being a 28.06 acre tract of land out of Lots 23 and 24, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, as shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas and being out of that certain tract of land now in the name of Joseph A. Hanlser and recorded in Volume 1831, Page 701, Deed Records, Nueces County, Texas, said 28.06 acre tract of land being more particularly described by metes and bounds as follows: Beginning at the point of intersection of the southwest right of way line of Caribbean Drive and the northwest right of way line of Flour Bluff Drive, said point being N. 60° 59' 15" W., 40.0 feet and S. 29° 00' 55" W., 30.0 feet from the most easter- ly and beginning corner of the tract herein described; Thence S. 29° 00' 55" W., with the northwest right of way line of said Flour Bluff Drive, a distance of 1,137.21 feet to a point for the most southerly corner of the tract herein described; Thence N. 44° 58' 25" W., with aline that is 500 feet south- west of and parallel to the northwesterly extension of the centerline of Waldron Field's Runway 13-31, a distance of 1,334.07 feet to a point in the northwest boundary line of said Lot 23, for the most westerly corner of the tract here- in described; Thence N. 29° 00' 20" E., with the said northwest boundary line of Lot 23, a distance of 769.17 feet to a point in the southwest right of way line of Caribbean Drive for the most northerly corner of the tract herein described; Thence S. 60° 59' 15" E., with the southwest right of way line of said Caribbean Drive, a distance of 1,282.47 feet to the point of beginning. Containing 28.06 acres of land, more or less. "Grazing Lease" 5-1-84 to 4-30-87 Caribbean & Flour Bluff Drives(28.06) Page 5 of 5 That the foregoing ordinance v/a�read for e first time and sed to its second reading on this the �1 day of , 19/ , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance mappj� read for a second time and p�,ssd to its third reading on this the .:(w day of , 19 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Joe McComb Frank Mendez Mary Pat Slavik Kennedy That the for of g ordinanw•s read for the Wird time and passed finally on this the day of /� .�, , 19 , by the fol lowin. vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slayik PASSED AND APPROVED, this the jO day of ATTEST: Ci Secretary APPROVED: //IL DAY OF , 19a`I : J. BRUCE AYCOCK, CITY ATTORNEY By 5 iy ss1 MAYOR THE CI OF CORPUS CHRISTI, TEXAS 1 PUBLISHER'S AFFIDAVIT - \ 4 3 ' STATE OF TEXAS, Iss. County of Nueces. 1 1 Before me, the undersigned, a Notary Public, this day personally came MARGARET RAMAGE .., who being first duly sworn, according to law, says that he is the COMMUNITY RELATIONS SUPERVISOR _....._.._ 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 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION Caller -Times Publishing Co. of which the annexed is a true copy, was published in 24th on the._.__.. day of day consecutive One Times. 2640 ":MARGARET RAMAGE June ...__..._ 1984 and once each.. day _ ._...thereafter for one Subscribed and sworn to before me this 25th day U June 19 84 EDNA KOSTER otary Public, Nueces Co Texas T -XAS-- tNOTICE.OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECU- TION OF A LEASE --smaQ Xt3E1902e`51's fair EMI :Alen(' 'iSG?OCt :3 +yu9x'�.e,-i2?.sr'. rid! r9!T '97 AGReertiENT PURPOSES WITH OR GRA G ZIN MRS: JOE A HANSLER FOR 1 sit Et 8:1 JE s'.SE .W83 .^.3 74alto7COQB ,II^©Ad red 4CiESd a1. , 1+0..2806.ACRE TRACT AC- I ' CONNECTION 1 WITH WITH THE NAVY' CLEAR 3 ,ISOUYIT 'Jahn 2fsp703 s rr �P..> aG1Ls i 11athitD erica-70D seri to -, „ N -. ZONES LAND ACQUISITION PROJECT.- : . +• Was passed a and approved nSI[9e?ttt3.U(Z sfii intii bits ,stata brio 'y'tiLU0.3' 'rise tat r2:i::sT ri32176.0 alc4S03 7E fiCr38%tf'E on font readm9 by the City d Council of the City of Corpus d Christi, Texas on the 19th day 11 _-„•�„_,-,-, „ , _ of June, 1984, The full text of LI said ordinance is available to d the public in the Office of the nti 3D'1',3!1731)+YT! ASvT •,^�^^ a-r.xi a r. City Secretary. -s-Bfll G Read City Secretary Corpus Christi, Texas .•1 . K STATE OF TEXAS, Iss: County of Nueces. PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came. MARGARET RAMAGE ., who being first duly sworn, according to law, says COMMUNITY RELATIONS SUPERVISOR of the Corpus Christi Caller and The Corpus Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the n NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING that he is the Chrilti Times, publication of THE EXECUTION the annexed is a true copy,CALLER-TIMES PUBLISHING CO of which was published in 1st on the day of July 84 and once each. ..._aa?'_.__..._..thereafter for consecutive. day One Times. 26.40 MARGARET RAMAGE 932 • one Subscribed and sworn to before me this..._2nd._.da EUGENIA S. CORTEZ 6-30-85 Notary Jul / lg__ 84_ lic, Nueces County, Tex 4 NO E-09 ASSA ,OE OROI(JANCE ON yAUTHSORIZU RTHEI EXECU- TION OF A LEASE AGREEM NT FOR GRAZING PURPOSES WITH MR. AND MRS. JOE A. HANSLER FOR A 28.06 ACRE TRACT AC- QUIRED IN CONNECTION WITH THE NAVY CLEAR �I ZONES LAND ACQUISITION PROJECT. Was passed on reading by the City County/ second the City of Corpus Christi, Texas on the 26th day of June. 1984. The full text of said ordinance is available to the public in the Office of the City Secretary. -4-8111G. Read City Secretary Corpus Chnstl, Texas