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HomeMy WebLinkAbout15408 ORD - 03/12/19801 vp:3/12/80:lst , AN ORDINANCE APPROVING RENEWAL OF A 30 -YEAR LEASE AGREEMENT BETWEEN THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND THE PAISANO GIRL SCOUT COUNCIL, INC. FOR 41 ACRES BETWEEN SUNRISE BEACH AND THE STATE PARK; 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 authorized to approve the renewal of a 30 -year lease agreement between the Lower Nueces River Water Supply District and the Paisano Girl Scout Council, Inc. for 41 acres between Sunrise Beach and the State Park, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto, marked Exhibit "A", and made a part hereof. SECTION 2. The necessity to authorize approval of the aforesaid agreement at the earliest practicable date 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 introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the 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, this the 1Z—day of March, 1980. ATTEST: APPROVED: />-DAY OF MARCH, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City 15408 ITY OF CORPUS CHRISTI, TEXAS 06%*c.'‘ THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES WHEREAS, The Lower Nueces River Water Supply District has certain lands adjacent to its water reservoir located on the Nueces River near the City of Mathis; and WHEREAS, Portions of said land are intermittently used in connection with said reservoir and request has been made for use of portions of said lands by The Paisano Girl Scout Council, Inc. and such use will be subordinate to the use by the District and the City of Corpus Christi of said lands: NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the Lover Nueces River Water Supply District acting through its Board of Directors, and the City of Corpus Christi, acting herein by and through its City Manager, here- tofore duly authorized by ordinance of the City Council, for and in consider- ation of the agreements herein contained by The Paisano Girl Scout Council, Inc., do hereby enter into the following lease agreement: I The Lower Nueces River Water Supply District and the City of Corpus Christi, subject to the reservations set forth in Paragraph II and VII hereof, do hereby lease to The Paisano Girl Scout Council, Inc. the following described land and premises: Approximately 41 acres of land located adjacent to the water reservoir of the City of Corpus Christi, south of the City of Mathis, with the Paisano Girl Scout Council, Inc., covering all that tract of land containing approximately 41 acres located in San Patricio County, Texas, and more particularly described as follows: All of that property containing approximately 41 acres located west of the Tracts A and B excepted from the proposed lease to the State Park Board, having its northeast-cornerapproximately 200 feet from the northwest corner of the Kate Jones Tract described in Vol. 105, Page 153 of the Deed Records of San Patricio County, Texas, on the said northerly extension of the western boundary of said Kate Jones Tract, and having the northern line extending in a westerly direction at right angles to the said western line to the said Tracts A and B above mentioned, 1,800 feet for the most northern corner of this tract; thence in a southwesterly direction at right angles for the western line of this tract approximately 570 feet to a point for the southwest corner, said point being in the northern line of a Tract generally referred to as the Central Power and Light Company property and acquired by the City of Corpus Christi by deed recorded in Volume 127, Page 613, of the Deed Records of San Patricio County, Texas; thence southeastward along said northern line and eastern line of said Central Power & Light Company Tract to the 94 foot contour line of said Lake Mathis and continuing to the left along the meanders of said 94 foot contour line to the point where the said eastern boundary of this tract hereinabove referred to, and the western boundary of said Tract A (Kate Jones Tract) hereinabove mentioned. „a„, intersects said 94 foot contour line on the bank of said Lake Mathis. Thence in a northerly direction along the western boundary of said tracts A and B a distance of approximately 960 feet to the PLACE OF BEGINNING. Said lands, however, shall be subject to the right of. the Lower Nueces River Water Supply District and the City, of Corpus Christi to use the same as a part of its water works system and to flood said lands or parts thereof by Wesley Seale Dam, and any improvements, enlargements, reconstructions or replacements of said Wesley Seale Dam, without any right of the Lessee to recover any damage from flood waters or from the operation, repair, construction or maintenance of said structures or said lake. This lease is intended to permit the Lessee to use all of the area as a right inferior to the rights of the Lower Nueces River Water Supply District and the City of Corpus Christi to use the area as a reservoir betweea the 104 foot contour line and the edge of the water now in or which may be in the reservoir. This lease is intended to supersede and be in lieu of any and all other leases, rights or claims of the Lessee for the use of any land in or adjacent to the existing water reservoir and the lands included in the reservoir site. II This lease shall be subject to the continued uses by the Lower Nueces River Water Supply District and the City of Corpus Christi of said lands as a part of a municipal water supply system, including the use thereof for the drilling of water wells and the production of water, gas and other minerals therefrom. This lease shall also be subject to all outstanding agreements heretofore executed by the Lower Nueces River Water Supply DJ.strict and the City, and the uses and activities by the Lessee shall be subject at all times to the uses by the Lower Nueces River Water Supply District and the City, their agents and employees of such premises for the municipal purposes for which said property was acquired. III Lessee, subject to the foregoing reservations, shall have the right to possess and use the said land for the purposes set forth in Lessee's Charter and shall be for the term of thirty (30) years from January 1, 1980. IV It is agreed that the premises herein above described shall be used for no other purposes than for the recreational activities of The Paisano Girl Scout Council, Inc. the Lessee herein, and the activities sponsored by Lessee for the bene- fit of the public. It is further agreed and stipulated that the Lessee may erect on such premises such buildings as it may desire to erect for the purpose of carrying out and aiding the recreational activities of the Lessee The Paisano Girl Scout Council, Inc. provided, however, that no such building shall be erected except in places approved by .the Water Superintendent of the City of Corpus Christi, and no such building shall be erected that would interfere in any manner with the ingress and egress to said property by the Lower Nueces River Water Supply District and the City of Corpus Christi, their agents and employees, in carrying out such municipal purposes as said land was acquired for; and it further being understood that neither the Lower Nueces River Water Supply District nor the City shall be liable in any respect for -2- any taxes incurred by said Lessee as the result of building and erecting structures on said property. V Lessee agrees to assume full responsibility for the safety of persons and property using the premises hereby leased and to in- demnify and hold harmless the Lower Nueces River Water Supply District and the City for all claims arising from the use of, or activities on, said land or from condition of said lands. VI Lessee further agrees, and it is part of the consideration hereof, to obey any and all rules and regulations enacted by the Lower Nueces River Water Supply District and the City of Corpus Christi govern- ing the activities of persons, boats, etc. on the Lake adjacent to the land hereby leased, and for the protection of the waters of said Lake from contamination as a water supply reservoir of the City of Corpus Christi, Texas. VII The Lessor reserves all oil, gas, uranium, lignite and other mineral interests, together with the right of ingress and egress for the exploration, development production, transportation and processing the products hereof, in, under, or concerning said lands or any part thereof, which the Lower Nueces River Water Supply District or the City or their assigns have or'may have. The Lessor also reserves the right to use said land and premises as an evacuation area in case of a disaster or enemy attack. VIII At the expiration of the term of this lease, whether at the expiration of the full term or if sooner terminated, as herein provided, the Lessee agrees to quit and surrender the said premises in as good state and condition as the reasonable use and wear thereof will permit, and in such case, the Lessee, if it is not in arrears for any rental, may remove all the property owned by it on said leased premises. -3- WITNESS OUR HANDS this the ''J.14 day of .�dlti[� , 1980. LOWER NUECES R WATER SUPPLY DISTRICT ATTEST: -fi ��/ . ✓%J7r�l L? A By: Secretarg APPROVED: CITY OF CORPUS CHRISTI City Manager ATTEST: City Secretary OR Press PAISANO GIRL SCOUT COUNCIL, INC. By: LESSEE ATTEST: President THE STATE OF TEXAS j( COUNTY OF NUECES BEFORE ME, the undersigned authority, a Notary Public in and for Nueces County, on this day personally appeared Mildred Priour President of the Paisano Girl Scout Council, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said Paisano Girl Scout Council, Inc., a corporation, and that she executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of February ', A. D. 1980. & E aA-N 1 RY PUBLIC, in and for Nueces County, Texas JOAN M. B1CKHAM Notary Public, NuecessSo n Teams D dy Commission Pxpires Corpus Christi Texas 11 12 day of , 19 gd • TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. • Respectfully, The Charter rule was suspend Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky ;�11:/' , THE CTT OF CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was pass Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15408