HomeMy WebLinkAbout04996 ORD - 03/12/19583 /13 /58:JAW:MEM
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
FOR A�2' ND ON BEHALF OF THE CITY OF CORPUS CHRIST-17—AM-
TRACT FOR THE PURCHASE OF 61.441 ACRES OF LAND, A A
TEM I i 0 33.923 A R M P. KEELY,
ET L FOR AN AGREED PU CHASE PRIM OF $77,307.15 FOR
AND XND A R I I , AND SAID CONTRACT
L 0 rAINING A LEASE AGREEMENT FOR FARMING ON A
PORTION OF THE SAID LANDS ; A COPY OF WHICH CONTRACT IS
ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING
THE SUM OF $77,307.15 OUT OF NO. 245 AIRPORT BOND IM-
PROVEMENT FUND FOR THE PURCHASES UNDER THE SAID CONTRACT;
AND DECLARING AN EMERGENCY.
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
CONTRACT FOR THE PURCHASE OF 61.441 ACRES OF .LAND,AND A RESTRICTIVE EASEMENT
ON 33.923 ACRES, FROM P. W. KELLY, ET AL FOR AN AGREED PURCHASE PRICE OF
$77,307.15 FOR THE LAND AND A RESTRICTIVE EASEMENT, FOR USE AS A PART OF THE
AIRPORT SITE OF THE NEW MUNICIPAL AIRPORT, A COPY OF WHICH CONTRACT IS ATTACHED
HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THERE IS HEREBY APPROPRIATED THE SUM OF $77,307.15
OUT OF NO. 245 AIRPORT BOND IMPROVEMENT FUND FOR THE PURCHASE OF SAID 61.441
ACRES OF LAND, AND THE RESTRICTIVE EASEMENT.
SECTION 3. THE NECESSITY FOR ENTERING INTO THE CONTRACT HEREIN DES-
CRIBED AND FOR MAKING THE APPROPRIATION DESCRIBED IN SECTION 2 HEREOF IN PRO-
CEEDING WITH THE ACQUISITION OF PROPERTIES NEEDED TO COMPLETE THE ACREAGE RE-
QUIRED FOR THE NEW MUNICIPAL AIRPORT SITE 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 INTRODUC-
TION AND 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, REQUESTING THE SUSPENSION OF SAID 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.
PASSED AND APPROVED THIS /I OF MARCH 1958. ! y�
7 vlc'l�ce_MAYOR " .- THE CITY OF CORPUS CHRISTI, TEXAS
CITY SEtREYARY
APPROVED 5 TO LEGAL FO THIS
DAY OF CH, 1956:
CITY ATTOR N nY ��
JAW"AS316h8
STATE W TEXAS
CQtlMTY or 61XM
Tom nmeamatiol Or AANi T w oc mit evreneD two AY AMD sETtrEER
P. W. MLLY AND Hirt, Mmw ETMEL KELLY, Jew Homwo K[LLY An tnrt► NARY J.
KELLY, AiM bt'ATaICK WW" KieLY, JR.► AID Mtrt, 10iilt 14MLT, MCRSOWTill cALLXO
"SeLLM ", Or TM[ CowTT or Naves, Sure or TtuAS, AND THE CITY Of (OW105
CttltlsTi, TMA, A WNICIPAL CORPORATiOlt, MM MAMW CALLED "PORCNA R ", or
'tot CDUMTY Or 6nices, STATE or TeXAB, VITMEASCTMS
in lieu of condemnation for the public ppurpose of a municipal airpor
1. SCLLMj Solt THE COMotocoATIDM A" IiPOM Tot Tittrls itenct11At►TIIit SET and
OUT, HERESY Aanelt Ttt ACLI. AND COKYEY VMTo PVtbCMAACR, AND 6tNnkAStR ASItCES TO
BUY, TIRO rOLLOwIMA 01=141"" PROPCATY, AND Tot IMPNOWe" MTS ToCREOM, RtTYATEO
IM M c4cs Cw*vv, Ten", TO -YtTi
A TRACT so PARc" I1P LAM" IM NDnCCS COWtTY, Ttm# SVT or
LOT No. 6 w TIC, MARYAKT Kit. T Swoo V i ss m ACcomi ns TO TRH
NAP TlliRtw D to VoL. , ow 40, Or Tot NAP 61RM"$ Or
6At CU CMMTY, Tex",w SAtD LOT No. 6 wAviMS Deck Converts TD
P. W. K9LLY AY TMi WILL OF MARSARET KELLY PMWAyib *AM* * 25,
1 *, IN M atits Cowry PRSSATC COURT owes came 610. 43M,
SAID TRACT "Oft PARTICULARLY SCIiCRfslS sit "ETCH AND SOON" AJA
IkO l MM I NG AT TNC Nw COIM t* Or SAID LOT 6 A POINT 416 M
CSNTCtt Dr K"AM Rom MO tit Till Sanyo LIMt Or BLOC* a ar TMC
N ORML FAtMt $t it"Of
Ttltact S 894'-35140)" E ALOMS Tog Nam Line or "to LOT
ND. 6 AND THE SOVTN LIME Of irA#M ILOCKS 22 00 81 A DISTOAtt
OR 1,674.04' TO A POiNT roe come* to Toi N"TH LIME or "to
LOT Ns. 6;
TocilcE S 00-431-40" w A aI sTANCt or 311.391 To Tot ses i M-
sIMD Or' A VAW9 TD TOM RlAMTJ
11MUCC IM A 540010 MV AND EASTMY DIUCTION ALOMS A CVRVE
WHO" RADtiMIpeRs 1,4P�t Ater WWOt CCMTK& NO" IA 46A -4$' A
01 Ov CE or 939.90' TD A POINT NT rat Cameos
TMtoct S 460ATI 40" w A DisTmeE or 1,543.42' TD roe
SUINIIiMS or A of"t To T" ma"s
Twelict IN A 54VTWJUVRXLV MUCTiOR NAM" A CVRYt TO Tile
IIIOMy "is eint" MAYiRS A amilis Or 1100' AMD A CEMTltAt AMSLZ
Or 134•+5r -3" A siatmet Or 116.OR, TO A veiny in THE YMsT
LIKE Dr WD, LOT 61
TweacC NsRTN ALmo TMt wtsT Line Or PAID Lor ND. 6 A
atsruct or 9,371.281 TS Tw 0"" Or siltioulMp $00 OOMTAIiw
too 61.441 Ac'as Or waics 1.153 hems Ltts UITMIM Kos" Roo.
2. TwC PVACMASE Voice is Si3Rr TtimilmS► Imme 6Siangs FaRTT -rtai
AtRt 633/100 ($W,345-65) Dw- -ins, tsllc% THE PVMCNAMIt A1MEEs Is CONSIOt"TIsM
FOR INS LAWS ABOVE DES9RtoE6 WAR* BY SELLER#, AND ALSO INCLUDED ANY SEVERANCE
SAMAMo THAT MIGHT ACCHM9 TO 109 LAID REMAINING in yNE sA16 TRACT 6 AIM ""
INCLUDES COM #IWOATIBN !lift ANY DROM EIt Go CLAIM I" DAMAGES REVOLTING,, os THAT
008" RESULT, !ROM THE IMPOSITION OF CONING REGULATIONS OR RULES OMEN SAID
TRACT 4 BT VNE JOINT tiTY- CsOMVT AIRPSRT EINtINO SOARS, ON AMY BOARD on AUMcY
HAVING STATUTORY AUTHORITY TO IMPOSE COMING REGULATIONS,, AN* THE PURCNAsER IS
IS PAY THIS TOTAL AMOUNT TO SELLERS IN CASH AT INS, TINE OF CLOSIMS OF IMIS TEAL,
INC 9ARNCST MONEY BEING CREDITED TOWARD TUC PURCHASE PRICE'.
3• AT INC TIME OF INS CONVEYANCE OF THE SEES TO T14E SAID LANDS
DESCRIBES IN PARAGRAPH 'I A96VE, PUNC14AUR AMO StLLERO AGREE TO CXECDTE AND
ENTER INTO A FARMING LEASE COVERING INC LAMM BeSCRISEO 1N, AN* IDENTICAL To,
INS INSTRUMENT DESIGNATED HEREIN As EXNIott A, WHICH 1S ATTACHE* AND MADE A
FART OF THIS CoNylk"T.
44. SELLERS, FOR ACM IN 4s116IDtRATI" OF TKC PIIRCMASE PSICE OF SIXTEEN
TMMSA9M, Nine NONsRE6 SiRyT+ONE AND 5000 (tt6,961.50) DOLLARS, HEREIN AGREE
TO BELL AND CONVEY ONTO ftit MASER, AIM PURCMASCR AGREE* TO OUT, AN AVISATION
EASEMENT ACROSS THE FOLLOWtN* OERCRISEB LANDS SITUATLO IN Nuzzle COUNTY, TEXAS,
T"t T 3
A TRACT OR PARCEL OF LAND IN NUECEs COUNTY, TCXAo, OUT OF
LOT 6 OF 114E MARGARET MEALY SWWIVIOIGN AWASSiNG 'to THE IMP
THEREOF AECOROES IN YDLUAIN 8, PAM 40, DF THE MAP RECGROS SF
NUECEs CoUNTT, TeXAs, sAi* Loy 6 NAVINS seen CONVeTco to P. W.
KELLY BY THE WILL o' MARsADET KELLY PROBATED MARCH 95., 19444, IN
NUEces COUNTY PROSAIC COUNT UNDER CAUSE No. 4300 RAID TRACT
nest PARTICULARLY DEOCRI6E6 BY NEVER AIM BOUNDS As FOLLOWBI
BEGINNING AT A POINt IN INC WEST 1,119E DF SAM* LOT NO. 61
AT A POINT 8,371.28 fleet SMITH FROM THE NOBTMWEBI CORNED N LOT 6.
THENCE SOUTH ALONG 1149 West LINE OF LOT 6, A DISTANCE OF
867.73 Farr to A Point Tom CoRNeR;
THENCE N 46' -47' -W E A DISTANCE Of 2734.43 FEET To A
MINT FOR CORNER; -
TNEi1cE N If T• 441 -Ur W A OISTAIICE sF 634.15 FEET h A
POINT FOR CORNER, "OR POINT BRING ON A C1NIVt CONCAVE TO THE
WCST;
THENCE IN A 'SoUtNWEoT9ALY DIRECTIoN ALONG DAIS CURVE WHO"
RADIUS IS 1,0".0 FEE , T AND WHOSE CestRAL ANGLE is 13• 34%
A DISTANCE of 8344.60 FEET TD A POINT Pon COONEII, THE END OF
"is CURVE;
Twence 8 46' -47' -444' W, TANGENT TO T149 AFORESAID CURVE A
DISTANCE of 1,543.448 FEET TD THE BEGINNING OF A CURVE TO THE
RIGHT.
-g -
iNRIJCR a sma A > TAOUX* To "it LAST XWISi LI*4
am& twave, ims AAee&wive O i� VW Atli A CCMTiW
or O6OiRMtNSP ANO twri iota 334 ACiIS.
1 SIRS AVIRATtOIi EASEWXV TO YE COW%V" AT TIRO TINE Or CLOVION OF TN[
COiA avAmm Dr Tim LAA si mcal"D IN PAmArN1A*% 10 Am CQwAJ wT um OWN
am Tlli sob AlfftaION mill TO SF"MCALLV STATE TMEi91-1I TtlAT IT 10
ALSO A COVLIIMtT *MNING WITU TALC LAP i1 COYSXM OV TH6 AVISATIOH CASUMKTs
APO TAtt Affil Tttp CA"N"T GI ALL SK91FIC LLY STATL THAT iltty"R $=L9M9
Tlttilt MEINII OR A"14%44, WILL C,YCR CRCCT ANY *TIW'TORL, CIVOU PGOIN ISW OR
Toys ON THE LANDS AEBCRIiti>A ?"WIN AMD TPA' ANT "'All" lltM VMP
IF AAky, WILL Of PAUD ON 00MVCD AT S6LLCIM1i CXPCHSS. THE ►I W'Sian
INWr tlt STAIC6 AS TO TITLC CXAMtNAT1tlRj r4NIMiSNfNG W AOSTRACTSS AMD
ALLOCATIOM or TITLE CatVU" ARE APPLICAPLZ TD THE LANDS COVSR6O By T*I*
6Aif11 my
54 Ai EVIDEACE Or Ting To THE SAID PMftMItts S6L& `*fta'�
TWHID* 11pMCIiWit An ABSTRACT Or TITLE TD SAIB LAIM, CtWIFIBS TO TNt
ii"It Or assime OR$, AT Tog WTiON Or P%NK* HERRS PDRCNAS o CAN "at" TOM
$"LSPO ^W, AT CLSOINSs TO MISICHASSI TIC ANOWN1 Or NOPLY THAT 11 1M,D
jWr, COOT SULCM TO Pf1WSAIE "WIFISO AWTOACTS VX9110tNO THE IKRIOD FMOM
TUC CESTiFICiir DATE Or THE LAST ASOTOACT 00 SUitft# POSStO "M AR Ili TRtIR
COMM, AT T*t Tim Sr T i:xcewION Or Two COHTMAfT TO 'Im *09 Sr
CIOwn. Pasamam s*ALL Wwc TNillyy (p) *A" rvam Tl6 DlS or TNio caw•
TjCT WIT64m IMiCH TO iAWC SAID AASTRACT CXMMNt3 AM TO rVftllil SVXM
VITO A 07ATp1ONTS t* vulylflot, of Ally ovecls IN 011 00ACTIOM To SAID Tint
voles two examiIRATIOM NAT ttwg 948CLONW. AID MIIttLCAOOO Om Or TwOf
PRICK GMSVOM AN VIONTiS PA M"800" *&M I'S CO"It $1 TO A DWBCT
Or TITU AM IT it AtilttO THIS SAID DAIrtCT WM" TIC TITAt *PWAORAiTASkg*
SUXKM !HALL TMOMPOOM PJW4 PIFTUO (15) SArs to 1mcu TO C>Mt OINCM IK+
FECTO ANA to tMOPLY WITH SUCM oweeTIfllili sO As TD NAKE TO Its lW ANii N61-
C4k1NTADLBs So vwx TN4S SKALL M011it Ot" SOPS# O&C AF "IS OPOO Y A""
Dt Pmftfty CW NATE9s so AS TO CwKcTE TN6 me go 40 Si LOW HAW is
1%8. 60 IF SCLUAll OMALL Ot W ML9 OR lNIIILLiMO TO CIM Tog OW UTO tAIiW=
Owl AND ODdECT i di s "Mo HMI CII Ptle9 VVT TIK TITLE" "M Mt i Air "no Am Ntl+
CRAWTAm6z* "a MM Tliti COCNIT PI WAM PAW TAMS WCH AO AMC
TI? C# "AD flOjvCvlOWO* IWCLAAOIMO sATMSPACTIOM or AAMT PIIMMIMM MM
Oy A OEM M TAT* AM wl"OLD OATCM am" IICCComv TO EIIT4wolso
SAID YMINIfOOMMY KOTt OUT IIF THE Cap affflow56 a ## Amilg p TO M M,AIO OY
YM PWKVNM. to TM evm MT Is IIWNUTICAL OO IlR OMOLE TO COME A"
We* OWECTIOM RAISCII ST TMC PIMkCI mMs YM PUMMOER HAT* AT ITS OPT10Mf
OCCLANC TMili CONTRACT CAWCULCD ANO WANM ALL fMIES PAID OR OEA051Tt&'Oy IT
AS ZARMEMT MNZv 11ETIiMII b TO PUMNAOEM• PUMMAISCR ALSO HAS TM OPT10M TO
W&SVC AMT 9O ALL 9tretTO OAI 0116MCT1I111N RUUD AMO ACCEPT TITLtjq AM IM TM
VVCW IT icWAO lib THIS* TWW THE *ALE SULL SC PIIOWftY COMMWAUD ST Do"
VAWT,C% WITIIIW I:RRTM p UMIIECCftMY OCLAY. ALL MTMltR CXPIMK Or CLOOIISM ON
TITLE CMUNIC WILL ME 8001" SIT PUMICWAMN.
S. SaLLEOA Adam, upw APPMOIIAL 4w THE OAIA1 TiTLt Ov PMOL'MAo"s TO
CONMST UM LAMIOO IWEOCN44ED IN PAMARNAA+M i TO PMl1e AOMR VY WINS AM SWIF'CltW
OMMCAIAL W WOAMTT DEC*, S"JUT TO OIOMTS- Of+WAT AIIO EA WTO W MCOMpi* THE
iIIWtNAL
WKWMAMM AMD OTMM 9A"CCIAL pooVISIMM WCNICIM SET ONT* AM}? St" C"
MMM6* UMM APOMIAVIAL OP TITLE M PIIRCMAStM* TO ICOMV"" M EAptO W COYEOIMA
THE SAM LAM" 4ESCRMOESI IM PAaAalLv% 3* ARO in So 400VEY110 BMLLM08 WARRAMT
TORT MLLMII6 NAYS fCE TITLE TO THE LAM* CMCW* OY TIM AN'#AT14W (CAOEMEWT*
AMW"T TO OIlPATAI iWp OIL Am AAS LBAOES AND EA&MOTS OP RECORD.
T. IT IS WCNCAi'Y n"M AM YOOtM ta" T"lr SMLLe" SO *"My U-
M AM MTAIM WMT@ TI LUSs !AMID MCAgA* MKCEMOOO Yl0 Ailtl * AND
SXCEpT "M TAE NAib COMWEYAM6 Iy U%ISECI IN PAMAMMMU I ALL 111MU&* AI*
NIGHTS 0* ALL 1118}W1LA M W* WWOER AMR THAT My at Plip"cee IFOW THE "to pt+
6MOIX LM" rOII A PC &t OD aP TVaM (90) YUM PROWM ,AIM AFTIM I" OATt OW
TWis 44AIIICTMC9p AIM FOR AA LONG INMIWTCR AS C*RWoe"OM OP OIL* OM OO
OTIICR W WEOALS fi.CMT I WIWC1* ""to TIWC TElf w W LCAUO WIIM 9711 STI M OM LATto IMAM
OII TIE PM O"TY Wi1CN 40 CONVEY= TO FIAO:IAOEO UMCp THE TESMIB 19gI * AM AS
IWO AS I MCTll01I CoMiWAiMS r"M WELLO 1*146LEO 110 WJW►M:O OT SCLLEM TNE*.
v4s.
ANY NEW LEAS AM OW CIWITYRACT6 rM OIMCOAL "VCWM1MT OY NK%LRORA
IV" AFTEII THE DATE kV T1[ 40IYCYAOC9* MALL EI ESOI.y PAW" T1AT T1tOC
pMALL Ot 00 0MLLIl18 AO "PLA ATIIIO IN YiOLAT10O OP CIVIL AMA1AAilco
.4 -
Mess 4"MaTmO Ilan to smarlm wrralrwivic AM To tMtllmems. arfa w"OT
9N +COMINS IIIIAL AINPO%T8, AND, MY IMICN WELLS OOILLEO IM Tot VNTINIE ON TNR MM
' OCKM lO LAMA 9NALL " LOCATCP 90 AS MOT TO IMTiCl CK WlTI1 Al l lMwa -
Ila14T0 WIC* MAY be PI AGED ON 8410 LAID OY Toe P41 riIA3M "00"[11, PYMt1AU*
wllALL MAAW MteMC" DI Vet. m OY 3"IG Cfl, TME4R LE"C"o "gift, IWCCIiI
Apo Ai#ilope Sy WSioM4TlMa LOCATION; VON WELLO Well" WILL PESMIT 0e11E11AL
OEYELOPOWNT ANA YET NOT 01 "go CAM WSTNWICT Pwra, 110E or SAID i.AND P"9a Mi ve
C1e1Al. Alll PlA 9l. 411Y otv Lgageax OR COMTaACTB too Mt#Cn& exe%amaTiON
ANA OSYISLO MT AT SYLLER $e04L POOVIDe rut CON'tIMPATION tea "writ TO 91NWACIC,
Ca9P8 AM IilP7ICV041CWS 4ftl1GM MAY AE CA MUD OY 01*StAL eelftORATl1Nl ON OFt"lls"'
8. IT ig AAiiI= NO 0060CPST rSaTNCR THAT TIM GO4YiFVMCE ONALL
OE "M 0964ECT TO ALL CASENEM141 OF 4E40I16 AN CAUNRI iTS CRI ST I NS SY Ye W=
Or vK Ttata OV ANY PAC88NTLT Cltl$TING OIL AM OAB LSAU-
9• THE SuLSRO A "AT Tw OLEO CONYEYiNO THE I"" "Malaga
Iie PAR489011 1 SHALL SPECIFICALLT IKCtTE THAT THE CONOIOENATtON FOR TN15
CONVEYAMCE IN LICU Or COMD ATIO" COURS ANY SEYEaAICL OAI4JOES TQ T"C
aENA ium LAM$ IN Tow 6 No MAO IWAAme" A WAIY£a or ANY SAtIAOES on
£LAIN fox WA09A TO 'tMMT 6 OEGAWS£ or ANY AlIIPOaT ZONING RESYLATIINif On
R"rA #M ",aft ON To SE 1 ON THE ltam to vim sma TwMT b IFY THE JMaT
Cirv4sewtv Ai new Zibi l w DcAlm ON ITS tiiICCESAOR on ANY OOAR9 OR A49MY
*We,* THE *T0VTOai' P+9ME8 T@ i l0 e " 3401118 AT I EM48 ON, Lapin MMAIIRY All
Aillw01r1i
10. Tax" Tom ALL PANT YEAIei Tweam 1957 SHALL *Ave "to 0*10 ITY
Taxes VON Tug C IIT vaAR, 1 , MI&L 89 PSOOAVCD 9ETW t= PIpIA"Ult
NMI SOLLLles TO OATS Or CL00408 aY "Llgf4 wMrin TO PINIcHasell TIM AML4CA81.E
APIWXT V TI09 Ti11E Or CLO111 Ml, SM9 AMOUNT TO Ot CALC4NAiTEB ay TAKING THE
ANA Tara P911 "a YEAR 107 AO "It AM WV TO " PRORATE" r9N TIt
Clear TgAr"
11. PWIaCMAsto "As eigarwame PYT in maw WITH THE $MAaANTT TITLE
A110 TallvwT CSIIew" Toe am 9r
j4,�, ,.....; gOi I AItS A9 taWralEST 46®1 T ma t m"=R TO of ATPL i M Olt T1ix
C"" ►MICE A YE SCT OUT W"" TNI. "#ILL 1 S Ce ft", AT WNI I CN TANG TWg SALANCE
Or M PwI1tMM peelCt SW" ALSO Ile PAI6. 5""a lilt POWAINSE1t tall. TO 0916*
OWaaa1TE TNlO �T
as 4NAVM OlCCIrIft rOa a" eitduoeN, i.RCEST TITLE
-gw
mmsl% sm"m am& be t 'I nab to nTAI N TNt s SAM"T money m L. i"sAves
0411AG" td+IMlt 809ACN of Tltt s CqR OUT.
1R. PURL R ASSEC8 T9 ACCEPT TITLE WAINF +CT TO ALL WISTRLCTreRMy
C"CafANTS AM "P Of L a Ha TAT I OW, Of ANY, Or MCOM AND ALL CITY XOM MO ANA
Rftf^AT"V ONOINANKtS, IV ANY, APPL14441C TO SAID 00OPERTY.
13. NIS DEAL SMIALL St CLOSED EITHER 011 Oat UVOKE MAY 1s 19513#
AND POSMSJON IS TO RE QaYEN ON TUC DATA: SF CLOSING, AND IT as YNDEROYOW
THAT WNBN 11011988SI ON J3 GIVEN THE PURCMASCR SHALL HAVE ND L l "I LI VY MR YAL Vt
OF# OR DAMAGE TPp ANY CROPS ON THE SAID PROPERTY OTHER THAN AS P*OVIM Olt
rm TAftims LEAM' EXHIBIT A.
ExE: t3 ta' THd 9 THE OAT or s 1958.
'ads LY
Ww—v EVOWL MLY
R AM
4Y
ATRtFtt WOMAN LLYT
RCMC M&V
SELLERS
C]TY Qi CQRFW CHRISTI, TEXAS
SWUL r. M LVRE. MY ASCH
ATTEST: Malhw
i TT WIPANY
APPMU AS TO LWL FOW THIS
DAY w .�.�.�,.A 1956:
61, TY TTY
1 $+
THE STATE Or TEXAS j
COJMMTY OF VAL VM i
ME, THE UM111E4614HED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED P. W. KELLY AND WIFE, MARY ETMEL KELLY, SOT* XO Mi TO ME to
BE THE PEMSONS WHO" NAMES ARE *U"CRI$tb TO THE FOREGOING INSYMNENT,
AND ACKNOWLEDGED TO ME THAT THEY EACH EXECUTED THE SANE FOH THE PURPOSES
AND CONSIDERATION THEREIN EXPRESSED, AND THE SAID MARY ETHEL KELLY, WIFE
of THE SAID P. M. KELLY, HAYING BEEN EXAMINED BY NE PRIVILY A" APART
FROM HER HUSSANO, AM HAYING THE SAME FULLY EXPLAINED TO HEX, SHE, THE
SAID MARY ETHEL KELLY, ACKNOWLEDGED SUCH INSTRUMENT TO BE HER ACT AND
DEED, AND DECLARED THAT SHE HAD WILLINGLY SIGHED THE SAME FOR THE PURPOSES
AND COMSIOERATION THEREIN EXPRESSED, AND THAT ONE OID NOT WISH TO RETRACT
17.
GIVEN UNDER MY RAM AND SEAL OF oFF10E, YNIS oAY of
.190.
NOTARY ftOLIC IN AM FOR VAL VERDE
COUNTY, TEXAS
THE STATE OF TEXAS �
CiJJ M OF MUCCES
BEFORE ME, THE UNDERSIGIEB AUTIMHtIT7, ON THIS DAY PERSONALLY
APPEARED JOHN HAROLD KELLY AND WIFE, MANY J. KELLY, BOTH KNOW TO HE TO
BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED To THE FOREGOING INSTRUMENT,
AND ACKNOWLEDGED TO HE, THAT THEY EACH EXECUTED THE SANE FOR THE PURPOSES
AND CONSIDERATION THEREIN EXPRESSED, AND THE SAID MARY J. KELLY, WIFE
OF THE SAID .JOHN HAROLD KELLY, HAYING SEEN EXAMINED BY ME PRIVILY AND APART
FROM HER HUSBAND, AND HAYING THE SAME FULLY EXPLAINED To HER, "E, THE 8410
MARY J. KELLY, ACKNOWLEDGED SUCH INSTRUMNT TO BE HER ACT AND DEED! AND
DECLARED THAT SHE HAD WILLINGLY SISNEO THE SAME FOR THE PURPOSED AND
CDRSIDERATiON THEREIN EXPRESSED, AND THAT SHE *to NOT WISH TO RETRACT IT.
NOTARY PUBLIC IN AND FoR JUECES COUNTY,
TEXAS
Thy sun or To
+QTY or NLICCCS
IE, T11E UVMERSISIICO ANT"01TYi DN THIS MAY RLRSSMALLV
AMURCO PATRICK WILLIAM KELLY, JR., Aft wiFE, IOCNE KELLY, SETH KMO►MI
TO K TD SE THE PCMSOMS WNOSE NAMES ARC SVOOCRCOCS TO TNC r MCSOlN0
INSTIMMIENT, AM ACXMCVLCDUD TO MC THAT TMEY CACM E11iCYTU TMC SANS FOR
THE PURPOSES AND CONSIDERATION TMERCIN CKPREsnD, AND TICS SAID IRENC
KELLY, WIFE Or T11E SAID P, W. KELLY, NA+VIN4 SEEN EKAMINCD lay ME PRIVILY
AMD MART FROM NCR NKSSANO, AHD #AV," TRC SAME ro"y CMPLAINCD TO IN*,
SIMC, THE SAID IREAt KELLY, ACCNwLCDMCD su" INs"UmIlT TO ME HER ACT
AND SgCD, AM DECLARED THAT Oft HAD WILLINGLY SIGOMD TOE SAME FOR THE
PURPOSES AND CONSIOCRATION TNEREIN CKPHESSCO, AMD THAT SHC DID NOT WISH
TO RET"" 11.
GIVEN MOM MY MRS, AM SEAL W "1CC, TNIS
NOTARY PtL 16 I M No I'" !aC[s CaIMTy,
TEXAS
TW STATE uF Tgms f
CM11TY OF WXM f
UnK W.s THE 17NOERSIGIICO AVTNORITY, OR THIS DAY PClRSSMIILLY
APOSAOCD RMSELL E. MCCLUNC, CITY KwAGCR OF rNE CITY ap CoRws CMRISTI,
TCKAS, KNOW TO ME TO SC YHE PCRSOM MNDSE NAME IS sYOSCRfoa TO INC
MWC"JNG INSTOUMCNT AND ACKIIOV1.MM TO MC TNAT NC EXECUTE* TUC SAME
FOB! YMC PU*POSCi AMD CONSIpCRATIOM TNERCiN CKPRESSED, AND IM TIIC CAPACITY
TNCRCCM STATED AND AS TUC ACT AND OECD OF SAID CITY.
GIVEN TINDER MY HAND AND SEAL OF OFFICE, THIS rue DAY ffir
1958.
NOTARY ftOLIC IN AND FOR NdECCs COWRY,
Ten"
MEM :10 /24/56
THE STATE OF TEXAS 0
0
COUNTY OF NUECES 0
THIS AGREEMENT, MADE AND ENTERED INTO THIS THE DAY OF
19 , BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "CITY ", AND P. W. KELLY AND WIFE, MARY
ETHEL KELLY, JOHN HAROLD KELLY AND WIFE, MARY J. KELLY, AND P. W. KELLY, JR. AND WIFE,
IRENE KELLY . OF COUNTY, TEXAS, HEREINAFTER CALLED LESSEE,
W I T N E S S E T H:
THE CITY OF CORPUS CHRISTI, DOES BY THESE PRESENTS LEASE AND DE-
MISE UNTO THE SAID LESSEES THE FOLLOWING DESCRIBED PREMISES,
TO -NIT:
A TRACT OR PARCEL OF LAND IN NUECES COUNTY,TEXAS OUT OF LOT NO.
6 OF THE MARGARET KELLY SUBDIVISION ACCORDING TO THE MAP THEREOF RECORDED
IN VOL. 81 PAGE 40, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID LOT
ND. 6 HAVING BEEN CONVEYED TO P. W. KELLY BY THE WILL OF MARGARET KELLY
PROBATED MARCH 25, 1944 IN NUECES COUNTY PROBATE COURT UNDER CAUSE NO.
4300, SAID TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NW CORNER OF SAID LOT 6 A POINT IN THE CENTER
OF KOSAR ROAD AND IN THE SOUTH LINE OF BLOCK 22 OF THE RUSSELL FARM BLOCKS;
THENCE S 89' -35' -2011 E ALONG THE NORTH LINE OF SAID LOT NO.
6 AND THE SOUTH LINE OF FARM BLOCKS 22 AND 21 A DISTANCE OF 1,674.041 TO
A POINT FOR CORNER IN THE NORTH LINE OF SAID LOT N0. 6;
THENCE $ 0` —051 —401e W A DISTANCE OF 377.391 TO THE BEGINNING OF
A CURVE TO THE RIGHT;
THENCE IN A SOUTHERLY AND EASTERLY DIRECTION ALONG A CURVE WHOSE
RADIUS IS 1,0551 AND WHOSE CENTRAL ANGLE IS 46' —421 A DISTANCE OF 859.901
TO A POINT FOR CORNER;
THENCE 5 46' —471 -4011 W A DISTANCE OF 1,543.42' TO THE BEGINNING
OF A CURVE TO THE RIGHT;
THENCE IN A SOUTHWESTERLY DIRECTION ALONG A CURVE TO THE RIGHT SAID
CURVE HAVING A RADIUS OF 11001 AND A CENTRAL ANGLE OF 13' —571 —37" A DISTANCE
OF 268.02* TO A POINT IN THE WEST LINE OF SAID LOT 6;
THENCE NORTH ALONG THE WEST LINE OF SAID LOT ND. 6 A DISTANCE OF
2,371.281 TO THE PLACE OF BEGINNING AND CONTAINING 61.441 ACRES OF WHICH
1.153 ACRES LIES WITHIN KOSAR ROAD, AND LESS THE 1001 RIGHT OF WAY TO BE
CONVEYED OFF THE SOUTHERN BOUNDARY FOR ROAD PURPOSES,IT BEING UNDERSTOOD
THE ROAD OR FUTURE ROAD ACREAGE NOT TO BE INCLUDED IN THE DESCRIPTION.
THEREOF IS SOLD IN THE FIELD WITHOUT HARVEST -ING. COST TO HIM.
THE RENT WILL BE ONE -THIRD OF THE PROCEEDS OF SUCH SALE IN-
STEAD OF ONE- FOURTH.
FOR ALL ACRES TO BE PLANTED IN FEED, LESSEE AGREES TO
PAY A SHARE RENTAL OF ONE -THIRD (1/3) OF THE VALUE OF SUCH
FEED, AMC) SHOULD LESSEE PLANT ANY PART OF SAID LEASED PRE-
MISES IN SUDAN, RHODES GRASS OR ANY OTHER FEED AND RETAIN THE
SAME FOR HOME USE HE SHALL PAY MONEY RENT THEREFOR ON THE
BASIS OF WHAT THE OTHER FEED GROWN ON SAID LEASED PREMISES
AVERAGED PER ACRE ON THE MARKET. IT IS AGREED THAT CITY
SHALL PAY ONE -THIRD OF THE HAULING EXPENSE FOR HARVESTING
ALL GRAIN CROPS, AND SAID LESSEE SHALL PAY TWO - THIRDS OF SUCH
COMBINING AND HAULING EXPENSE, BUT THAT LESSEE SHALL BEAR THE
EXPENSE OF COMBINING GRAIN. LESSEE SHALL GIVE NOTICE TO THE
CITY THAT SUCH CROPS ARE BEING HARVESTED.
AS "E"- *t-A'- Y[ *IItY 0A9lI 0DlItl3 Y[!1- *81hE -GF - --''RNS
(
ABLE IN ADVANCE. AS FDL
2. IT IS UNDERSTOOD AND AGREED THAT THE LEASED PREMISES ARE TO
BE USED FOR AGRICULTURAL PURPOSES ONLY. THAT SAID PREMISES ARE NOT TO BE
USED FOR ANY OTHER PURPOSE THAN THESE HEREIN SPECIFIED UNLESS CONSENTED TO
BY THE CITY. IN WRITING.
3. LESSEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY POR-
TION THEREOF WITHOUT- THE CONSENT OF THE CITY IN WRITING.CX� 'Aql' lqu elf / /4itG
A.cfre es 0. Sub %fji'; of tbif 1.4" .4 fi t!x p0.e nirR,sfl)p A'NOwN
4. IT IS FURTHER UNDERSTOOD THAT LESSEE SHALL KEEP A TRUE AND
ACCURATE BOOK OF ACCOUNTS REGARDING ALL BUSINESS MATTERS PERTAINING TO THE
ABOVE DESCRIBED CULTIVATION OF THE PREMISES HEREBY LEASED, AND THAT SUCH
BOOKS SHALL BE OPEN TO INSPECTION BY THE CITY. .
5. ALL ACTION BY THE CITY IN CONNECTION WITH THE PERFORMANCE OF
-2-
THIS CONTRACT, INCLUDING NOTICES TO THE CITY, SHALL BE BY AMID TO THE CITY
MANAGER OR A:PERSON DESIGNATED BY HIM.
6. IT IS UNDERSTOOD THAT THE CITY RESERVES F pTHE RIGHT TTpO SELL OR *
92TERMINAT1809 YDRTHEU�PTYElUBNCiL SUCH
LEASE FOR A USE DIFFERENT FROM THE PRESEMT'USE, /ALL OR ANY PART OF THE HEREIN
ORd ANY PORTION
LEASED LAND AT ANY TIME DURING THE TEZMC FYT801S LEASE. NEED SHOULD THE PROPERTY THEREOF
EETTgg p Ip M
AIRPOR� PURPOSES
BE SOLD OR LEASED BEFORE THE EXPIRATION DATE HEREOF AND THE PURCHASER OR
LESSEE NOT BE WILLING TO TAKE THE SAME SUBJECT TO THIS LEASE AND DEMANDS
IMMEDIATE POSSESSION, THEN THE LESSEE AGREES TO VACATE AND GIVE POSSESSION
AT ANY TIME WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF NOTICE TO VACATE.
OR CITY COUNCIL
SHOULD IT BECOME NECESSARY FOR LESSEE TO VACATE IN CASE OF A SALE OR LEASE,/ DETERMINATION
THEN THE CITY SMALL PAY LESSEE FOR THE LAND OR PORTION THEREOF 50 VACATED.
THE FOLLOWING AMOUNTS, TO —WIT:
AND/OR SUBSTANTIALLY
IF THE LAND HAS BEEN PLOWED AND/PREPARED FOR A NEW CROP,
BUT BEFORE THE CROP HAS BEEN PLANTED, THE ACTUAL EXPENSE
OF WORKING THE ACREAGE VACATED, PLUS $5.00 PER ACRE. IF
AFTER THERE IS A GROWING CROP, THEN THE AVERAGE RETURN ON AN
ACREAGE BASIS THAT LIKE CROPS BRING ON UNSOLD LAND COVERED BY
THIS LEASE, OR IF NO UNSOLD LAND COVERED BY THIS LEASE, OR IF
NO UNSOLD LAND THEN ON SIMILAR LAND IN THE IMMEDIATE VICINITY.
ANY PAYMENTS SO MADE SHALL BE IN PROPORTION TO THE TENANT'S
SHARE OF THE CROP UNDER THIS LEASE, LESS HARVESTING COSTS.IF NO CROP IS ON THE
LANDS ('T TO BEg VACATED D LAIND7NNOO SUBSTANTIAL PREPARATION OR PLOWING HAS OCCURRED, THEN
;HE T1715 YL �55EETA GREEOATHATFHE NICI PPAVIFOR SANYAl1ADEAtL DAMAGES
TO ANY UTILITY LINES OR EQUIPMENT LOCATED ON SAID LAND WHICH MAY BE INCURRED
BY HIS FARMING OR AGRICULTURAL OPERATIONS OR TO REPLACE ALL SUCH LINES IN-
JURED OR DESTROYED AS A RESULT OF HIS AGRICULTURAL OPERATIONS.
8. THE LESSEE AGREES TO PAY FOR ALL UTILITIES USED AT THE PREMISES
BEING LEASED BY HIM.
9. THE LESSEE AGREES THAT HE WILL TAKE GOOD CARE OF THE PROPERTY
AND ITS APPURTENANCES, AND SUFFER NO WASTER, 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 GOOD ORDER AND
CONDITION, AS SAME ARE NOW IN, NATURAL WEAR AND TEAR AND DAMAGE FROM THE
ELEMENTS ONLY EXCEPTED.
—3—
10. 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.
11. THE LESSEE SHALL NOT PERMIT MALT, VINOUS OR ALCOHOLIC BEVER-
AGES ON THE DEMISED PREMISES; AND WILL NOT PERMIT SMOKING IN AMY 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.
12. THE LESSEE SHALL PROMPTLY EXECUTE AND FULFILL ALL THE ORDIN-
ANCES OF THE CITY OF CORPUS CHRISTI APPLICABLE TO SAID PREMISES, AND ALL
ORDERS AND REOUIR €MENTS IMPOSED BY THE HEALTH, SANITATION AND POLICE DEPART-
MENTS 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.
13. THE CITY RESERVES THE RIGHT TO ENTER THE 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 OB-
SERVED AND CARRIED OUT..
14. 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 PER-
FORMANCE THEREOF IN ANY MODES OR MANNER PROVIDED BY LAW; AND MAY DECLARE THE
LEASE FORFEITED AT ITS DISCRETION, AND IT, ITS AGENTS, ON ATTORNEY SHALL
HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMAND, TO 1111 -ENTER AND REMOVE ALL
PERSONS THEA'EF*OM, WITHOUT BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS AND
WITHOUT PREJUDICE TO ANY REMEDIES FOR ARREARS OF RENT OR BREACH OF COVENANT,
Olt 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 WILL HAVE 6000 AND
DEFICIENCY; AND THE CITY (LESSOR) SHALL HAVE A LIEN AS SECURITY FOR THE RENT
AFORESAID, OR ANY RENT DUE AND UNPAID UNDER SAID LEASE, UPON ALL CROPS, GOODS,
WARES, CHATTELS, IMPLEMENTS, FIXTURES, FURNITURE, TOOLS, AND OTHER PERSONAL
-4-
PROPERTY WHICH ARE NOT LOCATED ON SAID PREMISES OR WHICH MAY BE PLACED
ON SAID PREMISES BY THE LESSEE, WMIEj1 LIEN SHALL BE CUMULATIVE OF THE
STATUTORY LIEN CREATED BY LAW AND IN ADDITION THERETO,
`15. LESSEE AGREES TO SAVE AND KEEP HARMLESS THE CITY OF CORPUS
CHRISTI, TEXAS (LES4OR),FROM ANY AND ALL CLAIMS OR DAMAGES OF ANY NATURE
WHATSOEVER DUE TO ANY NEGLIGENCE OF LESSEE OR THEIR EMPLOYEES IN THE- OPEIIA-
TION OF THE LEASED PREMISES.
16. 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.
WITNESS THE EXECUTION HEREOF IN DUPLICATE ORIGINALS, EACH ,OF WHICH
IS TO BE CONSIDERED AS AN ORIGINAL, THIS THE DAY OF
19
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST
CITY SECRETARY -
APPROVED AS TO LEGAL FORM THIS
DAY OF , 19
CITY ATTORNEY
BY
CITY MANAGE
LESSOR
LESSEE
u-i4 co
MARCH 13, 1958
I certify to the City Council that the money required for the
contract, agreement, obligation, or expenditure contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of No. 245 AIRPORT BOND IMPROVEMENT
Fund from which it is proposed to be drawn, and such money is not
appropriated for any other purpose.
Director of Finance
CO PUS CHRISTI, TEXAS
1958
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING. ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT -THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRObUCED1 AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ.AT THREE MEETINGS OF THE CITY
COUNCIL; I THERE
FOREP HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO -
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY, r
MAYOR ,1 999
THE CITY OF CORPUS CHRIST -I, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
499