HomeMy WebLinkAbout15585 ORD - 06/11/1980AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
WITH JAMES M. JURANEK FOR A TRACT OF LAND CONTAINING
3.937 ACRES, BETWEEN HEARN ROAD AND MAGEE LANE, BEING OUT
OF THE GREGORIO FARIAS GRANT, ABSTRACT NO. 592, MORE PAR-
TICULARLY DESCRIBED HEREINAFTER, SAID LAND TO BE FOR GRAZING
PURPOSES, COVERING A FIVE-YEAR TERM, BEGINNING JULY 1, 1980
AND ENDING JUNE 30, 1985, ALL AS MORE FULLY SET FORTH IN
THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
EXHIBIT "A".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
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SECTION 1. That the City Manager be authorized to execute a lease
agreement with James M. Juranek for a tract of land containing 3.937 acres,
situated between Hearn Road and Magee Lane, being out of the Gregorio Farias
Grant, Abstract No. 592, more particularly described hereinafter, said land
to be for grazing purposes, covering a five-year term, beginning July 1, 1980
and ending June 30, 1985, 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", the said tract being more fully described as follows:
Being an irregularly shaped tract of land out of the
Gregorio Farias Grant, Abstract No. 592, and out of
that certain 30 acre tract conveyed to Joe C.
Bickham by Deed Recorded in Volume 270, Page 558,
Deed Records, Nueces County, Texas, said irregu-
larly shaped tract of land being more particularly
described by metes and bounds as follows:
Beginning at the most northerly corner of said 30
acre tract for the most northerly and beginning
corner of the tract herein described;
Thence S. 55° 09' 37" E., (S. 57° 30' E., Deed Call),
with the northeast boundary line of said 30 acre
tract, a distance of 589.19,feet to a point for the
most easterly corner of this tract herein described;
Thence S. 37° 22' 33" W., with the northwest bound-
ary line of the Roger D. Bickham tract as shown by
Deed Recorded in Volume 877, Page 614, Nueces
County, Texas Deed Records, a distance of 339.85
feet to a point in the north right-of-way line of
50 foot wide Hearn Road for the southeast corner
of this tract;
Thence in a westerly direction with the arc of a
curve to the left whose central angle is 360 32' 09"
and whose radius is 204.06 feet, a distance of 130,12
feet to a point for the most southerly or southwest
corner of this tract;
15555
MICROFILMED;
AUG 2 91980
CITY OWNED PROPERTY
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NIECES
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
James M. Juranek
of Nueces County, Texas, hereinafter called "Lessee",
W ITNESSET H:
The City of Corpus Christi, does by these presents lease and
demise unto said
James M. Juranek
following described premises, to -wit:
Being an irregularly shaped tract of land out of the
Gregorio Ferias Grant, Abstract No. 592, and out of
that certain 30 acre tract conveyed to Joe C.
Bickham by Deed Recorded in Volume 270, Page 558,
Deed Records, Nueces County, Texas, said irregu-
larly shaped tract of land being more particularly
described by metes and bounds as follows:
Beginning at the most northerly corner of said 30
acre tract for the most northerly and beginning
corner of the tract herein described;
Thence S. 55° 09' 37" E., (S. 57° 30' E., Deed Call),
with the northeast boundary line of said 30 acre
tract, a distance of 589.19 feet to a point for the
most easterly corner of this tract herein described;
Thence S. 37° 22' 33" W., with the northwest bound-
ary line of the Roger D. Bickham tract as shown by
Deed Recorded in Volume 877, Page 614, Nueces
County, Texas Deed Records, a distance of 339.85
feet to a point in the north right-of-way line of
50 foot wide Hearn Road for the southeast corner
of this tract;
Thence in a westerly direction with the arc of a
curve to the left whose central angle is 36° 32' 09"
and whose radius is 204.06 feet, a distance of 130.12
feet to a point for the most southerly or southwest
corner of this tract;
Thence N. 18° 36' 37" W., a distance of 408.73 feet
to an interior corner of this tract;
Thence N. 55° 09' 37" W., a distance of 178.36 feet
to a point in the northwest boundary line of said 30
acre tract for the most westerly corner of the tract
herein described;
Thence N. 36° 53' 23" E., (N. 34° 28' E., Deed Call)
with the northwest boundary line of said 30 acre
tract, a distance of 200.13 feet to the point of
beginning.
Containing 171,489.96 square feet or 3.937 acres of
1anrmorn or lrcc! _
the
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For a term of five (5) years beginning July
1 , 1980
and ending June 30 , 1985 , subject to the following
consideration, covenants and conditions, to -wit:
1. The Lessee is to pay therefore the following rental:
($ 260.00) Two Hundredred Sixty Dollars and no cents
per year payable at the beginning of each lease year.
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.
3. Prohibited uses specifically include the construction of
any structures, such as barns, stables, or outbuildings and fences,
pens, corrals, or feed lots.
4. Lessee agrees not to sublet the leased premises or any
portion thereof without the consent of the City in writing.
5. 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.
6. It is understood that the City reserves the right to use,
or to sell or lease for a use different from the present use, all
or any part of the herein leased land at any time during the term
of this lease. Should the City need the property, or should said
property 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 sixty (60) days
after receipt of notice to vacate.
7. The 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 farming or agricultural operations or
to replace all such lines injured 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 pro-
perty and its appurtenances, and suffer no wastes, and shall keep
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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.
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 opera-
tion of the leased premises.
11. The Lessee shall not permit malt, vinous or alcoholic
beverages on the 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 of the
City Fire Department.
12. The Lessee shall promptly execute and fulfill all the
ordinances of the City of Corpus Christi applicable to said
premises, and all orders and requirements 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.
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 observed and carried out.
14. The Lessee further agrees that in case of any default in
any of the convenants 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 forfeited 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 relet 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
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shall make good any deficiency; and the City (Lessor) shall have a lien
as security for the rent aforesaid.
15. Lessee agrees to save and keep harmless the City of Corpus
Christi, Texas (Lessor), 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.
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 con-
ducting and carrying on any business incident to other activities of
the said City.
17. Notwithstanding any other provision of this lease and cumu-
lative of any other provision, City reserves the right to cancel this
lease upon giving sixty (60) days notice of cancellation to Lessee at
which time Lessee's pro rata share of the annual rental will be
refunded.
WITNESS the execution hereof in triplicate originals, each of
which is to be considered as an original, this the day of
, 19
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
City Secretary
APPROVED -AS TO LEGAL FORM THIS
/ (rDAY OF
19A,.
By
City Manager LESSOR
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Lill • l LESSEE
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That the foregoing ordinance was read for }J first time an assed to its
second reading on this the .Zl day of 19 �� , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance w s read for le second time d passed to its
third reading on this the day of A , 1970 , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordina
on this the // day of
Luther Jone
was read for the third time and passed finally
, 19gt , by the following vote:
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the
ATTEST:
1/ day of
APPR VED:
% DAY OF .
, 192b :
J. BRUCE AYCOCK, C ATTORNEY
, 19k
YOR P6o71,m
THE CITY
15585
RPUS CHRISTI, TEXAS