HomeMy WebLinkAbout16253 ORD - 05/20/1981AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A FARM LEASE
AGREEMENT WITH GEORGE HOELSCHER FOR A TERM OF FOUR
AND ONE-HALF YEARS, SAID LEASE AREA BEING AT THE
SERVICE CENTER OF THE CITY OF CORPUS CHRISTI, ALL AS
MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUB-
STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT A.
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
to execute a farm lease agreement with George Hoelscher for a term of four
and one-half years, commencing on the 1st day of May, 1981 and ending
October 31, 1985, a substantial copy of which is attached hereto and made
a part hereof, marked Exhibit "A".
vticgaIuMO ,Att\otit
16253
1
LEASE AGREEMENT
(Farming)
THE STATE OF TEXAS Z
COUNTY OF NUECES
THIS AGREEMENT, made and entered into this the 10th. day of
April
, 1981, by and between the City of Corpus Christi,
Texas, a municipal corporation, hereinafter called "City", and
George Hoelscher,
of Nueces County, Texas, hereinafter called "Lessee".
WITNESSET H:
The City of Corpus Christi does by these presents lease and demise
unto the said George Hoelscher,
the following described premises, to -wit:
for a term of
May
TRACT #1: See Page_la
TRACT #2: See Page lb
TRACT #3: See Page lc
four and one-half (4z) years
beginning
1 , 1981 and ending October 31 ,
1985 , subject to the following consideration, covenants and conditions,
to -wit:
1. The Lessee is to pay therefore the following rental and cash
bonus to be paid as follows:
(a) The consideration for this lease, to be paid by Lessee,
is one-fourth ('k) of all cotton and seed raised on said
land, of which Lessee agrees to pay three-fourths (3/4)
of the ginning charges on all cotton ginned and City a-
frees to pay one-fourth ('k) of such ginning charges. The
Lessee agrees that in the event any cotton crop or any
portion thereof is sold in the field without harvesting
cost to him,,the rent will be one-third (1/3) of the pro-
ceeds of such sale instead of one-fourth (k).
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
f(
TRACT #1
Being 19.8 acre tract of land out of Lots 5 and 6, Section 3,
BOHEMIAN COLONY LANDS as shown by map of record in Volume A,
Page 48, Map Records, Nueces County, Texas, and being out of
that certain 87.25 acre tract of land conveyed to the City of
Corpus Christi by deed dated November 17, 1965 and recorded
in Volume 1116, Page 186, Deed Records, Nueces County, Texas
said 19.8 acre tract of land being more particularly described
by metes and bounds as follows:
Beginning at a point in the northeast right-of-way line of 60
foot wide Holly Road, at its intersection with the most
southerly northwest boundary line of said 87.25 acre tract of
land; Thence N. 29° 00' E., with said most southerly north-
west boundary line, a distance of 761.98 feet to a point
for the beginning corner of the tract herein described;
Thence N. 61° 30' W., with the most southerly southwest
boundary line of said 87.25 acre tract, a distance of 518.60
feet to a point for a corner of the tract herein described;
Thence N. 29° 00' E.,'with a boundary line of said 87.25 acre
tract, a distance of 332.0 feet to a point for a corner of
the tract. herein described;
Thence N. 61° 30' W., a distance of 315.0 feet to a point for
a corner of this tract;
Thence N. 29° 00' E., a distance of 524.33 feet to a point for
a corner of this tract;
Thence N. 61° 30' W., a distance of 1,040.0 feet to a point
in the southeast right-of-way line of 110 foot wide Ayers St.
for themost westerly corner of the tract herein described;
Thence N. 29° 00' E., with the southeast right-of-way line of
said Ayers Street, a distance of 210 feet to a point that is
10 feet southwest of the southwest edge of the north entrance
street for the most northerly corner of the tract herein des-
cribed;
Thence S. 61° 30' E., with a line that is 10 feet southwest
of and parallel to the said north entrance street, a distance
of approximately 1,270 feet to a point, the P.C. of a curve;
Thence in a southeasterly direction with the arc of a curve
to the right whose central angle is approximately 13°, radius
is approximately 620 feet, an arc distance of 140 feet more
or less to a point, the P.C.C. of curves;
Thence in a southerly direction with the arc of a curve to
the right whose central angle is approximately 102°, radius
is approximately 90 feet, an arc distance of 160 feet more
or less to the P.T. of said curve;
Thence S. 61° 30' E., with a line that is 10 feet southwest
of and parallel to the said north entrance street, a distance
of approximately 1,270 feet to a point, the P.C. of a curve;
Thence in a southeasterly direction with the arc of a curve
to the right whose central angle is approximately 13°, radius
is approximately 620 feet, an arc distance of 140 feet more
or less to a point, the P.C.C. of curves;
Thence in a southerly direction with the arc of a curve to
the right whose central angle is approximately 102°, radius
"Lease Agreement" -Farming-
4-10-81
George Hoelscher
-la-
is approximately 90 feet, an arc distance of 160 feet more or
less to the P.T. of said curve;
Thence approximately S. 54° W., with a line that is 10 feet
northwest of the northwest edge of asphalt, a distance of
approximately 40.0 feet to a point, the P.C. of a curve;
Thence in a southwesterly and southerly direction with the
arc of said curve to the left, whose central angle is ap-
proximately 72°, radius is approximately 98 feet, an arc
distance of 123 feet more or less to a point, the P.T. of
said curve;
Thence approximately S. 18° E., with a line that is 10 feet
southwest of and parallel to the southwest edge of pavement,
a distance of 100 feet more or less to a point, the P.C. of
a curve;
Thence in southeasterly direction• with the arc of said curve
to the left- whose central angle is approximately 72°, radius
is approximately 98 feet, an arc distance of 123 feet more or
less to a point, the P.T. of said curve;
Thence approximately S. 54° E., with a line that is 10 feet
south of and parallel to the south edge of pavement, a dis-
tance of 40 feet more or less to a point, the P.C. of a
curve;
Thence in a southerly direction with the arc of a curve to
-the right whose central angle is approximately 102°, radius
is approximately 90 feet, an arc distance of 160 feet more
or less to a point, the P.C.C. of curves;
Thence in a southerly direction with the arc of a curve to
the right whose central angle is approximately 23°, radius
is approximately. 620 feet, an arc distance of 249 feet more
or less to a point, the P.T. of said curve;
Thence S. 29° 00' W., with a line that is 10 feet northwest
of and parallel to the northwest edge of south entrance
street, a distance of approximately 460 feet to a point for
a corner of this tract;
Thence N. 61° 30' W., a distance of 10.0 feet to the point
of beginning.
Containing 19.8 acres of land, more or less.
TRACT #2
Being a 14.7 acre tract of land out of Lots 5 and 6, Section
3, BOHEMIAN COLONY LANDS, as shown by map of record in Volume
A, Page 48, Map Records, Nueces County, Texas and being out
of that certain 87.25 acre tract of land conveyed to the City
of Corpus Christi by deed dated November 17, 1965 and recorded
in Volume 1116, Page 186, Deed Records, Nueces County, Texas,
said 18.8 acre tract of land being more particularly described
by metes and bounds as follows:
Beginning at the intersection of the northeast right-of-way
line of 60 foot wide Holly Road and the northwest right-of-
way line of 50 foot wide Richter Street; Thence N. 29° 00'
20" E., with the northwest right-of-way line of said Richter
Street, a distance of approximately 440 feet; Thence N. 61°
30' E., across a 127.5 foot wide easement for drainage,
127.5 feet to a point, the most easterly corner of the Street
Department materials area tract, and in the northwest
"Lease Agreement" -Farming-
4-10-81
George Hoelscher
-ib •
-
line of said drainage easement and for the most southerly and
beginning corner of the tract herein described;
Thence N. 61° 30' E., with the northeast line of said materials
area tract, a -distance of 482.5 feet more or less to a port,
said point being 10 feet southeast of the southeast edge of
pavement for south entrance street for tha most westerly cor-
ner of the tract herein described;
Thence N. 29° 00' E., with a line that is 10 feet southeast
of and parallel to the southeast edge of pavement of said -
south entrance street, a distance of approximately 770 feet
to a point the P.C. of a curve;
Thence in a northerly direction, with the arc of said cur -re
to the left whose central angle is approximately 29°, a
radius of 680 feet more or less, an arc distance of 344
feet more or less to a point for the most northerly corner
of thetractherein described;
Thence- approximately N. 85° E., a distance of 450 feet
moreorless to a point for a corner of this tract;
Thence S. 6L° 30' W., a distance of 192.5 feet more or less
to a point in the northwest line of said drainage easement
-for the most easterly corner_of_this_tract;
Thence S._29° 00' 20" W., with the northwest line of said
drainage easement, a distance of approximately 1,350 feet
to the point of beginning.
Containing 14.7 acres of land, more or less.
TRACT #3 .
All that certain lot, tract or parcel of land lying and being
situated in the County of Nueces, State of Texas and being
described as -follows, to -wits
A tract of land out of Lot 5, Block 3, BOHEMIAN COLONY LA2NDS
as shown -on -'the map or plat thereof in Volume A, Page 48,.
Nueces County Map Records, and being more particularly des-
cribed by metes and bounds as follows:
Beginning at a point in the northeast right-of-way line of
the Texas Mexican Railroad N.A.S. Spur, said point being
N. 29° 01' 18" E., 20.0 feet and S. 61° 30'E., 1,415.0 feet
from the southwest corner of said Lot 5, for the southwest
and beginning corner of the tract herein described;
Thence N. 29° 01'"18" E., with the southeast line of the M.B.
Roddy Tract, a distance of 819.69 feet to a point for the
northwest corner of the tract herein described;
Thence S. 61° 30' E., a distance of 518.60 feet to a point
for the northeast corner of the tract herein described;
Thence S. 29° 01' 18" W., with the northwest line of the City
of Corpus Christi tract, a distance of 819.69 feet to a point
in the northeast right-of-way line of said N.A.S. Railroaul
Spur for the southeast corner of the tract herein described;
Thence N. 61° 30' W., with the northeast right-of-way line
of said N.A.S. Railroad Spur, a distance of 518.60 feet txa
the point of beginning, containing 9 acres of land, more
or less.
"Lease Agreement" -Farming-
4-10-81
George Hoelscher
-lc-
feed, and 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 therfor 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 (1/3) of the hauling ex-
pense for harvesting all grain crops, and said Lessee
shall pay two-thirds (2/3) of such 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.
(b) Or, Lessee agrees to pay therefor as rental a yearly cash '-
-guarantee of $ 20.00
per acre, whichever is greater.
(c) Said rent shall be delivered or mailed to Property and -
Land Acquisition, 1801-N. Chaparral, Corpus Christi, •
Texas, 78401, payable annually following crop harvest.
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 speci-
fied•unless consented to by the City in writing. -
- 3. Lessee agrees not to sublet the leased premises or any portion
" thereof without the consent of the City in writing.
4. It is further understood -that Lessee shall keep a true and ac-
curate book of accounts regarding all business matters per-
taining to the above described cultivation of thepremises
hereby leased, and that such books shall be open to inspec-,
tion by the City.
S. 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 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 Agreement" -Farming-
4-10-81 "
George Hoelscher
-2-
lease. Should the 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 fifteen (15)
days after receipt of notice to vacate. Should it became
necessary for Lessee to vacate in case of a sale or
lease, then the City shall pay Lessee for the land or
portion thereof so vacated the. following amounts, to -wit:
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, then on similar land in the immediate vicin-
ity. Any payments so made shall be in proportion
to the tenant's share of the -crop under this lease,
less harvesting costs.
7. -This 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 re-
place 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 pre -
wises being leased by him.
9. The Lessee agrees that he will take good care of the property
and its appurtenances, and suffer no wastes, 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 as good order and condition as same
are now in, natural wear and tear and damage from the ele-
ments only excepted.
"Lease Agreement" -Farming-
4-10-81
George Hoelscher
-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
beverages on, the demised premises.
12. The Lessee shall promptly execute and fulfill all the ordi-
nances of the City of Corpus Christi applicable to said pre-
mises, and all orders and requirements imposed by the Health,
__Sanitation and Police Departments of the City, for the cor- -
rection, 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 covenants and -conditions of this lease, the'City may.
enforce the performance thereof in any modes or manner pro-
vided by law; and may declare the lease forfeited at its dis-
cretion 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 shall
make good any 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;
"Lease Agreement" -Farming-
4-10-81
George Hoelsoher
wares, chattels, implements, fixtures, furniture, tools, and
other personal property which are not located on said premises
or which may be placed on said premises by the Lessee, which
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 (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 in- _
gress,_egress and regress on and over said premises for the
purpose of -conducting and carrying on any business incideat
to other activities of the said City.
17. Any notice or other communication from either party to the
other -in regard to this agreement shall be deemed sufficient-
ly given if sent by certified mail, with postage and fees
—paid addressed to the party intended, at the following
address:
City of Corpus Christi
Property and Land_ Acquisition Mr. George Hoelscher
'1801 N. Chaparral 1133 Clarion Dr.
Corpus Christi, Texas 78401 Corpus Christi, Texas 78412
18. ALL COSTS OF -PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED
BY TUE.CITY CHARTER SHALL BE PAID BY LESSEE.
WITNESS- the -execution hereof in duplicate originals, each of which
Is -to be considered as an original, this day of
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS -
By
City Secretary R. Marvin Townsend, City Manager
(LESSOR)
APPROVED AS TO LEGAL FORM THIS
DAY OF , 19_
J. BRUCE AYCOCK, CITY ATTORNEY
By
James K. Lontos, P.E.,
- Assistant City Manager
"Lease Agreement" -Farming -
City Attorney
George Hoelscher
That the foregoing ordinance was read for the first time and passed to its
second reading on this the• (Q day of Q, , 19 $i , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
S 9.o
That the foregoing'ordinance was read for he second time an passed to its
third reading on this the /3 day of d , 19JI , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert.L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoin ordinance was ead for
on this -the day of
the th'rd time and
, 191/ , by the
Luther -Jones
Betty N. -Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the day of
ATTEST:
passed finally
following vote:
"C -i y Secretary
APPD:
CoCoODAY OF
J. BRUCE YCOCK, CITY/ATTORNEY
n
MYORPto:RIN
.THE CITY OF CORPUS CHRISTI, TEXAS
18253
STATE OF TEXAS,
County of Nueces.
)6S:
1 1
PUBLISHER'S AFFIDAVIT
111/235211
CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE CORTEZ
, who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of
NOT�QE 9k...2.413a .GE_ .F .ORIlINANC.E,
of which the annexed is a true copy, was published in _ THE CORPUS CHRISI_QAI,LLE$_TIMES.
on the .l l th day of MAY
consecutive... da y
.1931.., and once each da.y thereafter for..one
...__..... .... one.�Timea. "0-24a..4
a.._ 32.80 _LORRA.IDEE_.CORTEZ
CCOUNTING CLERK
Subscribed and sworn to before me this 26th .day of MAY 19 $.L.
•LOIS WI ,„./
Notary Public, Nueces County, Texas
Z.,!` PASSAG OF,
-ORDINANCVONXI
FIRST READING"
AUTHORI4100 THE
CITY MANAGER- TO EXE-
CUTE A LEASE AGREE-
MENT FOR FARMING
PURPOSES WITH MR.
GEORGE HOELSCHER
FOR A TERM OF FOUR
ND ONE-HALF (4-1/2/
EARS AT A SHARE
TI -h
1 OF ALL COTTON AND
EED;AND ONE-THIRD
(Vo) OF THE GRAIN CROPS
WITH A MINIMUM AN-
NUAL GUARANTEE OF $20
PERACR E.- ALL A5-MORE1
FULLY SET FORTH IN
THE LEASE AGREE-
MENT, A copy OF WHICH
IS ATTACHED HERETO
AND MADE A PART
HEREOF, PAARKED EX-
HIBIT "A".
NOTICE is hereby given
that the City Council of the
City of Corpus Christi has, on
the 6th day of May, 1981 ap-
proved on first reading, the
aforementioned ordinance.
The full text of said ordi-
nance Is avoidable to the pub-
lic in the Office of the City
Secretary.
WITNESS MY HAND this
the 71 h y of May, 1981.
4.81.111G. Read
'91111jr0 61I1 Dt Read
-• ‘,19^tity'SeCreta
telX66.6.6•6666/.1.4.1ear6A6A616,....166.694
STATE OF TEXAS,
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT
f(053
#V252880
CITY OF CORPUS CHRISTI
Before me, the undersigned, a Notary Public, this day personally came
_ I flR&AINE..CQRTEti , who being first duly sworn, according to law, says that he is the
_AUDIR .TIN.G...C.LEB.K. of the Corpus Christi Caller and The Corpus Christi Times,
,Daily Newspapers published at Corpus Christi, Texas,. in said County and State, and that the publication of
NOT.Z.CF..QF...P.9.S,SAGS_.AE...f).RDbN.A.PIG�B1i...�P�l�d➢-•R-E��I-AFCr; .-::
of which the annexed is a true copy, was published in .._ CORELS._0:iA.I.STI.. GALLEfL=TLM S..__._.._..
on the 1 8thday of MAY 19..$1., and once each .B.ay.._ thereafter..__—
consecutive day
_.._417.Q_ . Times
..._..31:98_ .._
L4RRAINE...O.ORTE2 27j (IYLQ
„z„
ACCOUNTING CLERK
Subscribed and sworn to before me this..22nd. day of •MAY 19..8 L.
L4ZS..INotary Public, NuecesCounty, Texas
t
r
' OF OROTNANCEA0*'
EG
AUTHOel.Z IINGNTHr.CITY,
CUTEMAGER A NFARMTLLEASOEE�
AGREEMENT W1',
GEORGE HOELSCHE
FOR A TERM OF FOU
AND ON,E•HALF YEAR
SAID LEASE AREA BEI..,
AT THE SERVICE CEN
TER OF THE CITY 04;
CORPUS ISTI, ALLMOREFULLYSET FORTH',
IN THE LEASE AGREE
MENT, A SUBSTANTIA
COPY OF WHICH IS A„
TACHED HERETO ANC/'
MAt E A PART HEREOF
MARKED EXHIBIT "A", -f
Notice Is hereby g,ven tliat
the CO, Council of the Cit?o,e t
Corpus Christi, has on the
13th day of May, 1981, apPf
proved on second reading, -
eying previously been Sp -
proved on first reading'gpt
the 6th day of May, 1981, the
,-aforementionedo
ordinanc�e.
hThe full text of sa,d orW.
ence is available to the pity
is in the Office of the City
Secretary•
S MY HAND
•
he 14th day of May, 1981— •
-s•Bill G. Read
Rejd-
CItYSecrefary