HomeMy WebLinkAbout05047 ORD - 06/04/1958EB :4 /29/56
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO
EXECUTE A LEASE AGREEMENT WITH THE TULOSO- MIDWAY
INDEPENDENT SCHOOL DI AI
STRICT LEASING 0 THE SD
TULOSO- MIDWAY INDEPENDEN SCHOOL DISTRICT A TRACT
OF APPROXIMATELY 9.55 ACRES OF LAND IN WEST GUTH
PARK FOR THE PURPOSE OF ESTABLISHING AND MAIN'rAIN-
ING A SCHOOL RECREATIONAL AND PARKING AREA, A COPY
OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A
PART HEREOF.
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 EXECUTES FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, A LEASE AGREEMENT WITH THE TULOSO- MIDWAY INDEPENDENT
SCHOOL DISTRICT, LEASING TO THE SAID TULOSO- MIDWAY INDEPENDENT SCHOOL
DI,.STRICT A TRACT OF APPROXIMATELY 9 -55 ACRES OF LAND IN WEST GUTH PARK
FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A SCHOOL RECREATIONAL
AND PARKING AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND ,
MADE A PART HEREOF.
5o�f�
THE STATE OF TEXAS X
COUNTY OF NUECES
THIS AGREEMENT made and entered into this the
day of , 1956, by and between the CITY OF CORPUS CRRIBrI,
TEXAS, a municipal corporation, hereinafter called "Lessor", and the
TULOSO- MIDWAY INDEPENDENT SCHOOL DISTRICT, hereinafter called "Lessee".
;pp44U m—fy. i
The Lessor for valuable consideration does by these presents
LEASE and DEMISE unto the Lessee, the following described premises,
torwit 1
Heginnin at a point in the north R -O-W line of State
Highway whence the original southwest corner of the
E. Linkenhoger tract recorded in Volume 361, page 25
of the Nuecss County Deed Records and the southeast
corner of a 137.12 acre tract to H. E. Woodruff, Trustee,
recorded in Volume 449, page 245 of the Deed Records of
said Nueoes County bears South 44.071; Thence hilh the
common boundary of said E. Linkenhoger Tract and H. E.
Woodruff Tract north 419.071 to the southerly southeast
corner of the Tuloso - Midway Independent School District
15 acre tract, ccitinuing north along the east boundary line
of said 15 acre tract 769.231 to the northerly northeast
corner of said 15 acre tract and place of beginning;
TMOE N. 570 50t 30o W. with the common property
line of said 15 acre school tract and West Guth Park a
distance of 757.541 to the most northeey northwest corner
of said 15 acre school tract
THENCE S. 320 091 30" W. with the common property
line of said 15 acre school tract and West Guth Park a
dis m3e of 523.751 to a common corner of paid 15 acre
school tract and West Guth Park;
THENCE N. 570 501 30" W. with the common property
Una of said 15 acre school tract and West Guth Park a
distance of 2101 to the most westerly northwest corner
of said 15 acre tract;
THENCE N. 320 091 30" E.. a distance of 723.751 to a
point;
THENCE S. 570 501 3011 E. a distance of 500401 to a
point;
THENCE Ne 320 09' 30" x a distance of 420.00' to a Point;
THM S. 50 500 30" E a distance of 267.60 feet to a point;
THENCE S. 320 09' 30" W a distance of 420.00' to a Point;
THERS S. Sib 50' 30" N a distance of 200.00' to a point;
THCRCE S. 320 09' 30" W a distance of 200.00' to a point and place
of beginning containing 9.55 acres of land, mare or less,
for a term of five (5) years, said levee commencing on the day of
, 1956, and ending five (5) years from that date, subject to
the following conditions and covenantag
(1) The Lessee hereby and by these presents agrees to accept said
premises in its present condition, to maintain said rnremises during said
lease term in a clean and sanitary condition, and at the expiration thereof
to return said preaiece to Lessor in as goad a condition as when received,
reasonable use, wear, acts of God, fire and flood excepted.
(2) It is the intention of the Lessee that the premises shall be used
for the establishment and maintenance of school recreational and narking area.
Lessee is authorized to creot and maintain such temporary improvements as
might be necessary or convenient for the intended use of said premises, but
no permanent improvements stall be erected or maintained on said premises witt-
out first obtaining the Lessor's written apnroval. r,t the expiration of the
lease term, any and all of the improvements placed on said premises by the
Lessee may be removed.
The Park Hoard shall have joint use of the property, subject to the
right of the Losses to have the exclusive control of said area during school
hours. The right of the Park Board to central the property and its use by the
public for recreational purposes shall be in effect at all time except during
school hours on days when school is in session,
Notwithstanding any other provision hereof, either party hereto shall have
the right upon thirty(30) day's written notice to the other party to cancel this
agreement and terminate the same, ani from and after the expiration of thirt„+(30?
days from the receipt of each written notice this agreement shall be considered to
be in all things terminated, cancelled and of no further force and effect.
(3) The Lessee agrees to pay for all utilities used by it on
the premises leased by it, or used by any activity sponsored by it.
(4) Lessee agrees to conform to all rules set out by the
City Manager of the City of Corpus Christi, Texas, for the operation of
the leased premises.
(5) The Lessee shall promptly execute and fulfill all of the
ordinances of the City of Corpus Christi applicable to said premises and
all orders and-requirements imposed by the Board of Health, Sanitary,
Fire and Police Departments, for the correction, prevention and abate-
ment of nuisances and/or hazards in, upon, or connected with said premises
during the term of this lease at its own expense.
(6) 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.
(7) This contract contains all the provisions agreed upon by
the parties hereto and displaces all previous verbal or oral. agreements.
CITY OF CORPUS CHRISTI, TEXAS
ATTESTt
City Secretary
APPROVED AS TO LEGAL FORMS
City Attorney
BY
City Manager
TULOSO- MIDWAY INDEPENDENT SCHOOL DISTRIC':
BY
President, Board of Trustees
THAT THE FOREGOING ORDINANCE WAS /READ FOR TIL %E FIRST TIME AND
PASSED TO ITS SECOND READING ON THIS THE J � DAY OFII -G�-�y 195p; BY THE
FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS LL ti
i
B. E. BIGLER.C+^
MANUEL P. MALDONADO,
CHARLIE J. RILLS
ARTHUR R. JAMES
ODELL INGLE
THAT THE FOREGOING ORDINANCE WAS READ FOR THE COND TIME AND
7
PASSED TO ITS THIRD READING ON THIS THE_�_DAY OF Cwt o 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 READ
FOR THE THIRD TIME AND
PASSED FINALLY ON THIS THE4DAY OF
195 ir. BY THE FOLLOWING VOTE'
FARRELL D, SMIT
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
�T
ARTHUR R. JAMES
ODELL INGLE
/
PASSED AND APPROVED, THIS THEJf
DAY OF
T'
1
Ir 1 TY 5EC"T"YL
APPROVED AS TO LEGAL FARM
THIS M DAY OF-"A�,�, 1957'
THE CITY OF CORPUS CHRISTI, TEXAS
ITY ATTORHEy F