HomeMy WebLinkAbout05008 ORD - 04/09/1958IMS:EB:3 /5/58 ,
TEXAS:
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE
A THIRTY (30) YEAR LEASE OF PROPERTY LOCATED NEAR
LAKE MATHIS IN ACCORDANCE WITH THE AUTHORITY AUTHOR -
IZED BY ELECTION OF THE QUALIFIED VOTERS APPROVING
THE GRANTING OF SUCH LEASE HELD APRIL 2, 1957, WITH
THE STATE PARKS BOARD OF THE STATE OF TEXAS OF TWO
TRACTS OF LAND OF APPROXIMATELY 18 ACRES AND OF
APPROXIMATELY 39 ACRES RESPECTIVELY; SAID LEASE TO
BE SUBORDINATE TO THE USE OF THE CITY OF THE SAID
WATER RESERVOIR SITE AS A PART OF THE WATER WORKS
SYSTEM OF THE CITY OF CORPUS CHRISTI, A COPY OF SUCH
LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, TEXAS, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO
EXECUTE A THIRTY (30) YEAR LEASE OF PROPERTY LOCATED NEAR LAKE MATHIS IN
ACCORDANCE WITH THE AUTHORITY AUTHORIZED BY ELECTION OF THE QUALIFIED
VOTERS APPROVING THE GRANTING OF SUCH LEASE HELD APRIL 2, 1957, WITH THE
STATE PARKS BOARD OF THE STATE OF TEXAS, OF TWO TRACTS OF LAND OF APPROXI-
MATELY 38 ACRES AND OF APPROXIMATELY 39 ACRES RESPECTIVELY; SAID LEASE TO
BE SUBORDINATE TO THE USE OF THE CITY OF THE SAID WATER RESERVOIR SITE AS
A PART OF THE WATER WORKS SYSTEM OF THE CITY OF CORPUS CHRISTI, A COPY OF
SUCH LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF.
008
THE STATE DF TEXAS j
[[ KNW ALL IEN BY THESE MWITS
COUNTY OF NUECES
WHEREAS, INC CITY OF CORPUS CHRISTI, TEXAS, ACTING NY AMP TIIKOUGN
ITS MAYOR PRO T €M, A. C. "ANSHAN, YHEREUNTO DULY AUTMORIEED NY RpOLUTION
of INC CITY COUNCIL, NAS BY INSTRUMENT DATED FSSRaAMY 430 193k, MADE, EXE-
CUTED AMP DELIVERED ONE CERTAIN LEASE TO THE STATE OF TEXAS, ITS SUCCESSORS
AND ASSIGNS, FOR A PERIOD OF NIMETY.�NJNE (99) YEARS FROM ITS DATE, COKCICRH-
INS CERTAIN LANDS SITUATED IN JAN PATRICtO, JIM WELLS, AND LIVE OAK COUNTIES,
TEXAS; AND
WHERM, THE CITY of CGRnua CHRISTI, TEXAS, ACTING BY AHD THROUGH
ITS MAYOR, A. C. MCCAUsKAK, THSOCUNTO DULY AUTMORIIED BY ORDINANCE OF THE
CITY COUNCIL, HAS, OY INSTRUMENT DATED OCT60EM 26, 1944, ENTERED INTO AN
AOREEMENT TO CORRECT AND MAKE MORE CERTAIN AND OEFlMITE INC SAID LEASE HEREIN+
ABOVE OESCRIOED! AND
WHEREAS, THE AREA OF 14,110.55 ACRES D €SCRIBEO IN SAID LEASE AND
SAID INSTRUMENT IS DICING OPERATED AND MAINTAINED BY THE STATE PARRS BOARD OF
THE STATE OF TEXAS AS A PUBLIC PARK, KNOW; AS THE LANE CORPUS CHRISTI STATE
PARK; AND
WHEREAS, TNIC CITY OF CORPSG CHRISTI, TEXAS, HAS AN AREA OF APPROX-
INATELY 39 ACRES MCRETDFORE UNDER LEASE AS THE CAIN' SITE FOR THE SIRE SCOUTS,
AND Alf AREA OF APPROXIMATELY 39 ACRES LYING ADJACENT TO AND MONTH OF THE NEW
YIRL SCOUTS AREA, SAID AREAS BEING ADJACENT TO THE SAID LANE CORPUS CHRISTI
STATE HARK AND ALSO ADJACENT TO INC CITY OF CORPUS CNRISTtIS WATER RESERVOIR
LOCATED ON INC NUECES RIVER NEAR THE CITY of MATHIS, TEKAi; AND
WHEREAS, PORTtoms OF SAID AREAS OF 39 ACRICS AND SF 38 ACRES AR6
INTERMITTENTLY USED NY INC CITY OF CORPUS CHRISTI IN CONNECTION WITH SAID
RESERVOIR, AND REQUEST HAS BEEN MADE FOR USE OF "to ARIAS OF APPROXIMATELY
39 ACRES AND 38 ACRES BY THE STATE PARKS BOARD SF THE STATE SF TEXAS, AND SUCH
USE WILL GE SUBORDINATE TO THE USE BY INC CITY OF SAID AREAS OF 39 ACRES AND 38
ACRE$;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT INC CITY OF
CORPUS CHRISTI, ACTING 14E2E1II BY AMO THROUGH ITS CITY MANAGER, HERETOFORE
OULT AUTNORIIED BY ORDINANCE OF THE CITY COUNCIL, FOR AIM" CONSIDERATION OF
THE AORCRIOENTS REREIII CONTAINED DY THE STATE PARRS BOARD OF THE STATE
OF TEXAS, DO HEREBY ENTER INTO THE FOLLOWING LEASE AGREEMENTI
THE City OF CORPUS CNROSTI, SUBJECT TO THE RESERVATIONS SET
FORT" IN PARAGRAPH It AND V11 HEREOF, DOES HEREBY LEASE TO THE STATE
PARRS HOARD OF THE STATE OF TEXAS, INC FOLLOWING DESCRIBED LAND AND
PREMPSESII
TWO TRACTS Of LAND OF APPROXIMATELY 33 ACRES APO OF
APPROXIMATELY 39 ACRES RESPE €TIVELY, LOCATED ADJACENT TO
THE WATER RESERVOIR OF THE CITY OF CORPUS CHRIST#, TEXAS,
SOUTH OF IMF. CITY OF HATHis, TEXAS, AND SEIKO MORE PARTICULARLY
DESCRIBED AS FOLLOWS$
FIRST_TRACT_0
BEGINNING AT THE MORTNWEST CORNER OF A 63.37 ACRE TRACT
OF LAND CORVEYEO TO CENTRAL POWER AND LIONT COMPANY By DEEO
DATED JANUARY 8, 1931, AND RECORDED IN VOL. 98, PAGE 3&, REED
RECORDS OF SAN PATRICIO COUNTY, TEXAS;
THENCE N 3V .424 E, A DISTANCE OF 1040 FEET TO A POINT
FOR A CORNER BF TNIs TRAcTT]
TNEMCE 5 47' .43' -3 a E, A DISTANCE OF 1816 FEET TO A
POINT FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE S 34* -421 W, A DISTANCE OF 8W FEET TO A POINT,
THE NORTHEAST CORNER OF SAID 63.37 ACRE TRACT FOR THE SOUTHEAST
CORNER OF THIS TRACT
THENCE N 55* +181 Iii WITH THE NORTHEAST CORNER OF INC SAID
63.37 ACRE TRACT., A DISTANCE OF Ift FEET TO THE PLACE OF BEGINNING.
CONTAINING APPROXIMATELY 0 ACRES OF LAND.
SECOND TRACT
BEGINNINS AT THE NORTHWEST CORNER OF A 6-37 ACRE TRACT OF
LAND CONVEYED TO CENTRAL POWER AND LOOM: COMPANY SY DEED DATED
JANUARY 8, 1931, AND RECORDED IN VOL. 98, PAGE 384, DEED RECORDS
OF SAM PATRI €IO COUNTY, Tens.
THENCE S 34• ..4221 W ALONG T149 NORTHWEST DOUMDARY LIME OF THE
IIA CD 63.+37 ACRE TRACT, A DiSTAMCE OF 570 FEET TO A POINT, "Ima
INC POINT OF OESINMINS OF THE TRACT HEREIN DESCRIBED; q
THENCE N J5• _181 W A DISTANCE OF 1EP FEET TO A POINT FOR
INC NORTHWEST CORNER OF THIS TRACT;
THENCE S 34' .420 W, A DISTANCE OF FEET TO A POINT)
TNENC£ $ A A21 W, A DISTANCE OF 1 FEET MORE OR LESS TO
ITS INTERSECTION WITH THE 94 FOOT CONTOUR LINE;
THENCE IN A NORTHEASTERLY DIRECTION WITH INC MEANDERS OF
THE SAID 911 FOOT CONTOUR LINE TO A POINT WHICH DEARS $ Vj .1$/ E
APPRSX #MATELY 1ft FEET FROM THE TRUE POINT OF BEGINNING.
CSMTAINPMG A'PPROXiIGTELY 39 ACRES OF LAMB.
. 2 .
SAID TWO TRACTS OF LAND, IMOWEVKR, SHALL SE SU*4CT
TD INK RIGHT OF THE CITY TO USE THE SAME AS A RESERVOIR
AND PART OF ITS MATER WORKS SYSTEM AMD TO FLOOO.SAID LANDS
DR PARTS THEREOF OT ITS PRIESENT SAM, AND THE NEW DAM UNDER
CONSTRUCTION TO &I KNOWN AD THE WEBL[T SCALE DAN, AND ANY
IMPRGVEMtNTS, tMLAROENENTB, RCCONSTROCTIONS OR REPLACEMENT*
OF SAID WESI.CY SEALS DAN, WITHOUT ANY RIGU7 BF THE LtBSEt
TO RICOYER ANY DAMASK FROM FLOOD WATERS OR FRO" TUC OPERATION,
REPAIR, CONSTRUCTION OR MAINTERANCE OF SAID STRUCTURES RR
SAID LANE. THERE Is ALSO Rtsuvto TO THE CITY AND LESSEES
OF THE CITY OF ANY LANDS ADJOINING INC SAID TWO TRACTS OF
LAND, THE RIGHT OF INORtSB AND CORM TO EACH AND ALL OF ANY
OF SAID ADJOINING LANDS, INCLUDING THE RIGHT TO USK ANY RGAO-
WAYS ACROSS THE TWO TRACTS OF LAND NCRCDV LEASED.-
L80sEE AGREES TO UNDERTAKE A DEVELOPMENT PROGRAM FOR T"E
USC OF SAID TO TRACTS OF LAND FOR PUBLIC PARK PUAPOSCS, PRO-
VIDED TWAT FUNDS FOR SUCH A DKVCLGPHEWT PROGRAM ARE APPRB-
PRIATtD By THE TEXAS LEGISLATURE OUT Of THE STATE GENERAL
REVKNUE FUND FOR INC 'smiFIC PURPOOt OF DCVELDPNENT AT LAKE
CORPUS CHRISTI STATE PARR.
THIS LEASE SHALL sE SUSJtCT TO THE CONTINUED USED BY INC CITY
OF SAID TWO TRACTS OF LAND AS A PART OF ITS MUNICIPAL WATER SUPPLY STOTEN,
INCLUDING THE USE THEREOF FOR THE DRILLING OF WATER WELLS AND THE PRODUCTION
OF WATER, GAS AND OTWCR MINERALS TMIERtFRON.- THIS LEASE SMALL ALSO St SUBJECT
TO ALL OUTSTANDIM0 AGREEMENTS 14911IMFORC EXECUTED BY THE CITY, AND THE USES
AMD ACTIVITIES SY INC LESOtE SHALL BE SUSJtCT AT ALL TINES TO THE USES BY
THE CITY, ITS AGENTS AND EMPLOYEES OF SUCH PREMISES FOR THE MUNICIPAL PURPOSES
FOR WHICH SAID PROPERTY WAS ACGUIRED.
III
LESSEE, SUBJECT TD THE FOREGOING RESERVATIONS, SMALL HAVE THE
RIGHT TO POSSESS AM* USE INC $ASS TWO TRACTS Of LAND Fell THE PURPOSES BET
FORTH NCREIN BUD SMALL BE FGR THE TERM or THIRTY (30) YEARS FROM THE DATE
HCREOF.
IV
11 18 AGREED THAT THE SAID TWO TRACTS of LAND HERCINASOVt DES
CRIBCS SHALL BE USED FOR NO OTHER PURPOSES TN" FOR Tot RECREATIONAL
ACTIVITIES OF THE STATE PARKS BOARD OF THE STATE or TEXAS, THE LESSEE UERt. ,.
IN, AND THE ACTMYiTIKS sPONSORED BY LtGStK FOR THK BENEFIT OF TUC PUBLIC.
1T RS FURTHER AORKED AND STIPULATED THAT INC LESStt MAY CAM ON SUCH PREMISES
r3.
SUCH SUIWIMOS AS IT MAY OESIRE TO CRCCT FOR THE PURPOSE of CARRYING
OUT AND AIOIKG THE RCCRCAlI0NA4 ACTIVITIES OF THE LESSEE, THE STATE 'ARKS
BOARD OF TUC STATE OF TEXAS, PROViBto, HOWEVER, THAT NO SUCH BUILDINGS
SHALL BE ERECTED EXCEPT IN PLACES APPROVED BY TUC CITY ENGINEER AND THE
MATER SUPERINTENDENT OF THE CITY OF CORPUS CHRISTI, AND MO SUCH BUILDING
SHALL BE ERECTED THAT WOULD IMTERFCRE IN ANY MANNER WITH THE INGRESS AND
EGRESS TO SAID PROPERTY BY TUC CITY OF CORPUS CHRISTI, ITS AGENTS AND
EMPLOYEES, IN CARRYING OUT SUCH MUNICIPAL PURPOSES AS SAID LAND WAS ACQUIRED
FOR; AND IT FURTHER BEING UNDERSTOOD THAT THE CITY SHALL HOT BE LIABLE IN
ANY RESPECT FOR ANY TAXES INCURRED BY SAID LESSEE AS THE RESULT OF BUILDING
AND ERECTING STRUCTURES ON SAID PROPERTY. NO SUSLEASC OF THE HEREIN LEASED
PREMISES SHALL BE MADE EXCEPT FOR THE OPERATION OF CONCESSIONS.
'u
LESSEE AGREES TO ASSUME FULL RESPONSIBILITY FOR THE SAFETY OF
PERSONS AND PROPERTY USING THE PREMISES HERESY LCA3E0 AND TO INDEMNIFY AND
HOLD HARMLESS THE CITY FOR ALL CLAIMS ARiSiNG FROM THE USE OF, OR ACTIVITIES
ON, SAID LAMP OR FROM CONDITION OF SAID LANDS, BUT ONLY INSI)FAR AS IT CAN
LEGALLY 00 30 AS AN AGENCY OF THE STATE OF TEXAS.
Vl
LESSEE FURTNCR AGREES, an IT IS PART OF THE COMBIOCRATION NCACWs
TO OBEY ANY AND ALL RULES AND REGULATIONS ENACTED SY THE CITY OF CORPUS
CNRIBTI GOVCRUING THE ACTIVITIES OF PERSONS, BOATS, ETC. ON ANY PORTION or
THE LAKE THAT IS NOT INCLUDED IN THE DESCRIPTION Of THE AREA SET OUT IN TI{E`•,
MEREi%AOOV€ DEOCRIOCO INSTRUMENT DATED OcTG0€R 26, l9kh, AND FOR THE PRDTECTII0
OF THE WATERS OF SAID PBRTISN OF SAID LANE FROM CONTAMINATION AS A PORTION
OF THE WATER SUPPLY RESERVOIR OF THE CITY OF CORPUS CHRISTI, TEXAS; SO TUAIT
TNIS PROVISION, TOGETHER WITH THE PROVISIONS SET OUT IN THE HEREINABOVE
OESCRIBED LEASE DATED FEBRUARY 13, lgjis AND THE NERSINASOVE DESCRIBED
INSTRUMENT DATED OCTOBER 26, 19$$, SHALL BE CONSTRUED aD AS TO ACKNOWLEOSE
THE RIGHTS OF THE CITY OF CORPUS CHRISTI, TEXAS, TO USE, MAINTAIN, OPERATE
AND PROTECT SAID LAKE AND ITS WATERS FOR THC PURPOSE OF SUPPLYING WATCH TO
J1.. �
THE CITY AND VICINITYy AND re" I0216AT1ON AND INDUSTRIAL PURPons.
YI!
THE LESSOR RESERVES ALL OIL, GAS AND MINERAL INTERESTS,
TOGETHER WITH THE RIGHT of IMSRESS AND 960909 rOR THE EXPLORATION
DEVELOPMENT, PRODUCTION, TRANSPORTATION AND PROCEOSING THE PRODUCTS
THEREOF, IN, UNDER, 011 CONCER11111G SAID LANDS ON ANY PANT THEREOF, WHICH
THE CITY OR ITS ASSIONO HAVE OR MAY HAVE, THE LE9SoR ALSO RESERVES THE
RIGHT TO USE SAID LAND AND PREMISES AS AN EVACUATION AREA IN CASE of
A DISASTER OR ENEMY ATTACK.
Vill
AT THE EXPIRATION Of THE TERM or THIS LEASES THE CITY Of
CORPUS CHRISTI, TEXAS, AND THE STATE WARNS BOARD Or THE STATE of TEXAS
MAY MUTUAttY AGREE TO RENEW THIS LEASE POR A SECOND THIRTY YEAR TERM,
OR, If LEGALLY POSSISLEy TO RENEW THIS LEASE fOR A TERM ENDING f"ESRUARY
13, 2033, IN ORDER TO COINCIDE WITH THE TERMINATION DATE Or THE 99 YEAR
LEASE NEREINASOVE DESCRIBED DATED FEBRUARY 13, ,. As CoRRECTEO
AND MADE MORE CERTAIN SY THE HERI:INASOVE DESCRIBED INSTRUMENT DATED
OCTOBER 26, 19411.
UPON THE EXPIRATION or THIS LEASE COVERING SAID TWO TRACTS Or
LAND Of APPROXIMATELY 38 ACRES AND Of APPROXINATELY 39 ACRES RESPECTIVELY,
AS HEREIRADDVE DESCRIBED, . LEBSEE AGREES To QUIT Aug SURRENDER THE $A10 TWO
TRACTS IN AS "OD A STATE AND CONDITION AS YHE REASONAOLE UoE AND WEAR
TNEREOf WILL PERMIT, AND IN SUCH CASE, THE LESBEE MAY REMOVE ALL THE PROPERTY
OWNED SY IT ON SAID LEASED PREMISES.
WITWM OUR HAMS THIS THE DAY or
ATTESTe CITY OF CORPUS 04RISTI, TEXAS
CITY SECRETARY
APPROVED AS TO LEGAL fORMt. CITY MANAGER
LESSON
?iTY MOONEY
.3..
STATE wItPn BUM OF' THE STATE OF TEXAS
CHAIRMAN
LESSEE
ATTEST,&
THE LOWER MuECE0 Rona WATER SUPPLY DISTRICTS ACTING BY AND
TMROYQH ITS DULY AUTHORIZED GENERAL MANAGER, DOES HERESY GIYEr GRANT] CO%-
FIRM, RATIFY AND APPROVE THE ABOVE AND FOREGOING LEASE AGREEMENT COMCERNIRQ
LANDS FORMING A PART OF THE LANE MATHIS WATER RESERVOIR AREA.
EXWTED THE DAY OF -- - >>9-
LOWER II KM RIVER WATER S!R'Pi.Y DISTRICT
BY
MANAGER
ATTEST,&
[CRETARY
THAT THE FOREGOING ORDINANCE WAS (READ FOR TM FIRST TIME AND
Q/
PASSED TO ITS SECOND READING ON THIS THE DAY OF,194, BY THE
FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS ,
B. E. BIGLER
MANUEL P. MALDONADO.
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE a _
THAT THE FOREGOING ORDINANCE WAS READ FOR TKe' SECOND TIME AND
PASSED TO ITS THIRD READING ON THIS THE-LLDAY OF, 195 BY THE
FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES '
ODELL INGLE
THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND
1
PASSED FINALLY ON THIS THE DAY OF , 195 BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
PASSED AND APPROVED, THIS THE__LDAY OF
MAYOR
AT
ST:A THE CITY OF CORPUS CHRISTI, TEXAS
LITY $ RET/RV
APPROV D AS TO LL FORM
THIS]j2rDAY OF if" , 1957:
ITY ATTORNEY 50c)