HomeMy WebLinkAbout16890 ORD - 02/24/198210,
AN ORDINANCE
REPEALING ORDINANCE NO. 15098 APPROVED BY THE CITY
COUNCIL ON SEPTEMBER 5, 1979, WHICH AUTHORIZED A LEASE
WITH THE OSO LITTLE LEAGUE; AUTHORIZING THE CITY MANAGER
TO EXECUTE A LEASE AGREEMENT WITH THE OSO PONY BASEBALL
LEAGUE, LEASING TO SAID LESSEE ONE PARCEL OF LAND, BEING
16 ACRES, FOR THE PURPOSE OF CONDUCTING A PONY BASEBALL
PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT,
A SUBSTANTIAL 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 Ordinance No. 15098 approved by the City Council
on September 5, 1979, which authorized a lease with the Oso Little League,
be repealed in its,entirety.
SECTION 2.. That the Cith Manager be and he is hereby authorized
and directed to execute a lease agreement with the Oso Pony Baseball League
for a period of five years, one parcel of land being 16 acres, for the purpose
of establishing and maintaining a Pony League baseball program, all as is
more fully set forth in the agreement, a substantial copy of which is attached
hereto and made a part hereof, marked Exhibit "A", said tract being more
fully described as follows:
Being an irregular tract of land out of Lots 7 and 8, Section
17, Flour Bluff and Encinal Farm and Garden Tracts as shown by
map of record in Volume A, pages 41, 42, and 43, Nueces County
Map Records;
Beginning at a 1" iron pipe in the soktheast right of way line P
of Nile Drive, said point being S. 60 58' 50" E., 60.0 feet and
N. 29' 01' 10" E., 146.48 feet from the southwest corner of
Lot 8, Section 17, Flour Bluff and Encinal Farm and Garden Tracts;
Thence N. 29° 01' 10" E., with said southwest right of way line
of Nile Drive, a distance of 478.0 feet to a 3/4" iron pipe
for a corner of the tract herein described;
Thence in a northeasterly and easterly directipn with the arc of
a curve to the right, whose central angle is 9000' and whose
radius is 246.5 feet, a distance of 387.17 feet to a point;
Thence S. 60° 59' 50" E., a distance of 18.92 feet to a point;
Thence in a southeasterly direction with the arc of a curve to
the right, whose central angle is 42' 17' 17" and whose radius
is 533.0 feet, a distance of 429.9 feet to a point in the west
right of way line of Ennis Joslin Road;
Thence S. 18° 50' 30" E., ;4iththe west right of way line of
Ennis Joslin Road a distance of 628.08 feet, more or less, to
a point;
SEP 28 1984
16890 MICROFILMED
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Thence in a westerly direction N. 69° 16 10" E., a distance of
415.16 feet, more or less, to a point;
Thence in a northwesterly direction S. 600 58' 50" E., a distance
of 740.92 feet, more or less, to a point, in a line that is parallel
to and 435 feet southeast of the southeast right of way line of
Nile Drive;
Thence N. 29° 01' 10" E., a distance of 146.48 feet, more or less,
parallel to the southeast right of way line of Nile Drive to a
point; \
Thence N. 60° 58' 50" W., a distance of 375.0 feet to the place
of beginning.
Containing 16 acres of land, more or less.
' LEASE AGREEMENT
THE STATE OF TEXAS
.COUNTY OF NUECES 1
This Agreement made and entered into this the day of
, 1982 by and between the City of Corpus Christi, Texas,
a municipal corporation, hereinafter called "City", and the Oso Pony Base-
ball League, Corpus Christi, Texas, hereinafter called "Lessee",
WITNESSETH:
That the City of Corpus Christi, for and in consideration of the sum
of one dollar ($1.00) leases the following. piece or parcel of land located
in Nueces County, Texas, being more particularly described as follows:
Being an irregular tract of land out of Lots 7 and 8, Section 17,
Flour Bluff and Encinal Farm and Garden Tracts as shown by map of
record in Volume A, pages 41, 42, and 43, Nueces County Map Records;
Beginning at a 1" iron pipe 1 the southeast right ow way lineoof Nile
Drive, said point being S. 60 58' 50" E., 60.0 feet and N. 29 01'
10" E., 146.48 feet from the southwest corner of Lot 8, Section 17,
Flour Bluff and Encinal Farm and Garden Tracts;
Thence N. 29° 01' 10" E., with said southwest right of way line of Nile
Drive, a distance of 478.0 feet to a 3/4" iron pipe for a corner of
the tract herein described;
Thence in a northeasterly and easterly directAon with the arc of a
curve to the right, whose central angle is 90' 00' and whose radius
is 246.5 feet, a distance of 387.17 feet to a point;
Thence S. 60° 59' 50" E.", a distance of 18.92 feet to a point;
Thence in a southeasterly directlon with the arc of a curve to the
right, whose central angle is 42 17' 17" and whose radius is533.0
feet, a distance of 429.9 feet to a point in the west right of way
line of Ennis Joslin Road;
• • Thence S. 18°-50' 30" E., with the west right of way line of Ennis
Joslin Road a distance of 628.08 feet, more or less, to a point;
Thence in a westerly direction N. 69° 16' 10" E., a distance of 415.16
feet, more or less, to a point;
Thence in a northwesterly direction S. 600 58' 50" E., a distance of
740.92 feet, more or less, to a point in a line that is parallel to and
435 feet southeast of the southeast right of way line of Nile Drive;
Thence N. 29° 01' 10" E., a distance of 146.48 feet, more or less,
parallel to the southeast right of way line of Nile Drive to a point;
Thence N. 60° 58' 50" W., a distance of 375.0 feet to the place of
beginning.
Containing 16 acres of land, more or less.
6(,q,
Page -2-
The term of this lease shall be five (5) years beginning July 22, 1979,
and ending July 21; 1984, and subject to the following covenants and conditions:
1. Lessee does by these presents and by entering upon the land agree
.to maintain the land and premises throughout the year in a clean and sanitary
condition, and at the expiration thereof to return said premises to City in
as good condition as received, reasonable use, wear, acts of God, fire and
flood damage and destruction excepted.
2. Lessee does by these presents and by entering upon the land agree
that no additions or alterations shall be made to the premises without the
consent of the Park and Recreation Department in writing.
Lessee further agrees that the Park and Recreation Board of the City
shall have joint use of the property during the term hereof, subject to the
right of the Lessee to have exclusive control during Oso Pony Baseball
League programs. Lessee shall not deny access and use of the park to the
general public during the hours when the park is not in use for Oso Pony
Baseball League purposes. Lessee further agrees that the City may use said
land when needed by the City orneeded to be crossed by the City by the
installation of utility* or effluent easements and/or lines without -
compensation to lessee for such easements or damage for installation, maint-
enance, removal or repair of said utility or effluent lines, providing the
City exercises reasonable judgment in the location of said easements and
lines and locates said lines at points other than where improvements are
located whenever it is reasonably possible.
3. Lessee does by these presents and by its entry upon the land agree
to use said premises for the establishment and maintenance of a recreational
area for the benefit of the public with primary use being the aforesaid
League program and for no other purpose without priorwitten consent of the
Park and Recreation Department.
4. Lessee does hereby agree to pay for all utilities used by it on
the said premises or used by any other activity sponsored by Lessee of said
premises.
5. Lessee hereby agrees to conform to all rules set out by the City
Manager and/or the Park and Recreation Board of the City for the maintenance
of the said premises.
Page -3-
6. Lessee does hereby agree to promptly execute and fulfill all of
the ordinances of the City pertaining to health and sanitation, and to
execute and fulfill all ordinances, orders and requirements imposed by the
Health, Sanitation, Fire and Police Departments, for the correction, pre-
vention and abatement of nuisances and/or hazards in, upon, or connected
with the operation of a ball park on said premises at Lessee's own expense.
7. Lessee does hereby agree that the City sfiall 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. Lessee further
agrees to indemnify and to hold the City harmless from any loss or damage
that may occur upon said premises which loss or damage arises by reason of
or is connected with Lessee's use of said premises.
8. The City hereby agrees that Lessee may at the end of the term of
this lease remove at its own expense any and all improvements placed on said
premises by Lessee which are unattached to the land and which may be
removed without damaging the land.
9. Lessee further agrees to use a portion of said tract for parking
purposes. Lessee shall be responsible for maintenance and construction of
dust -free parking areas and maintaining suitable entrance and exit roads,
properly designated, in accordance with standards set out by the Director
of Parks and Recreation.
10. Lessee must maintain a current list of officers on file with the
Park and Recreation Department throughout the term of the lease.
11. Lease will have a cancellation clause -- either party may
terminate the agreement with six months notice.
12. This contract contains all the provisions agreed upon by the parties
hereto and displaces
ATTEST:
all previous verbal or oral agreements.
CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary
APPROVED:
DAY OF FEBRUARY, 1982:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Ernest M. Briones, Acting City Manager
"CITY"
•
ssistant ity Manager
APPROVED:
OSO PONY BASEBALL LEAGUE.
ATTEST: By
"LESSEE"
That the foregoing ordinance was read for t irst timeAnd passed to its
second reading on this the /0 day of 19a— 2 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 foregoing ordinance was read for
third reading on this the /7 day o
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregqln ordinance wa
on this the cipe1, day of
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 olt/ day of
ATTEST:
e second time apd passed to its
, 1912.— , by the
for the third time and passed finally
19 r2__, by the following vote:
Ci Secretary. MAYOR
THE my OF CORPUS CHRISTI, TEXAS
9 12—_
Appngp:
/1174== DAY OF
J. BRUCE AYCOCK, 1TY ATTORNEY
16890
PUBLISHER'S AFFIDAVIT 0351896
- CITY OF C.C. ./".
STATE OF TEXAS, Ls,
County of Nueces.
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
.1:LCC0UNTING 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
NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING,...
THE CORPUSCHRIST CALLER -TIMES
of which the annexed is a true copy, was published in
on tile 22nd e day of F 19 8 2 ., and once each day —
thereafter for.......e.—
ne.
- EBRUARY
consecutive day
one
Times.
35.26 LORRAINE QQRTF,Z
gp,RuNTING CLERK
Subscribed and sworn to before me this day of
EUGENIA S. CUTEZ
19 82_
Notary Public, Nuees Co64ity, Texas
-
PUBLISHER'S AFFIDAVIT #V354653
CITY OF C.C.
STATE OF TEXAS, to,
County of Nueces. )
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
1 -
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
NOTICE OF PASSAGE OF ORDT.NANG2 ON FIRST REALIN.Gpm
CALLER-TIMM__
of which the annexed is a true copy, was published in THE CORPUS CHRISTI
on the 15th day OfFEBRUARY 19...2 and once each day thereafter fOr one
consecutive day
one
Times.
33.62
LORRAINE CORTEZ 2491/20wm
„AgCOUNTING CLERK
Subscribed and sworn to before me this 231." day of FEB RY
dir
EUGENIA S 'CORTEZ
'ec. -
Notary Public, Nueces Co ty, Texas
19 82
7:47,77717r."7"'":"rr'"'"7'7'"'""'"'"'"•-r.-1
r• NOTICE Or•-• •to
PASSAGE OF • -;.•"a3
. • ......,ORDIN$NCE ON `Jr
. • , FIRST KEAOING
.N,UPEALING
ED BC•P tIVI.E OQ971'PEORITI•Vir
'A, gri ,t7PTEMBER 5,
A LEASE WITH THE 050
LITTLE LEAGUE; AU.
1' TH9RIZING THE CITY
,MA•xAGER TO EXECUTE
WITH
AGREEMENT
BASE BTAHI5L °IVA PANE'',
LEASING TO SAID LES.
SEE_ONPARCEL OF 4
LAND, 5 ING 16 ACRES
F.OR THE PURPOSE
OF'NY
CONDUCTING A PO
BASEBALL PROGRAM,'
ALL_iSAn.MORE FULLY SET
MENT, ANsiumTAGREE-
COPY OF WHICHAPSTIAL• AT-
TACHED HERETO AND
MADE A PART HEREOF
MARKED EXHIBIT "A".
• Was passed on first read., Icn3ybtf the City Coono,1 of the
, on the lOnTduasyoliClPebruary,
h, Texas
-1982, The full
cf
e..g"dI„aneis avat,
pUbIIc nthee477 ton
Cty 7L
Le.Ant.
-s-5111 G. Read
r ,Y4 ..-City Secretary'
• Corpos ChriStid,
1-2131si
' NOTiga
-••.• bItUNFErCTN-...4
REPEALING AN
DG READINGORDINce
NO. ,509(1 APPROVED BY
THE 'CITY
I,
COUNCIL19O79Nwa-Bq,,,Aub,IIED ALEASE WINE 050LITTLE L UE• AU.THORIZING THE CITY
MANAGER
AGREEMENT'
, WITH THE 050 PONY
1 BASEBALL LEAGUE
LEASING TO SAID LES-
SEE ON,,t PAkcEL OF
LAND, BEING '16 ACRES
FOR THE—PURPOSE OF
CONDUCTING A PONY
t.AmatR.EPROGRAM,
FORTH IN THFEULALGVEEET-
MENT, A SUBSTANTIAL
MARKE XHIBIT "A'
MADE
TACHED BRET° Altdo
COPY 0,V;IICH IS
T HEREOp
' Was p ssed on seod
, .,*fittri&thyy0t9he City Coe/1
Texas on the 15gPclia'SyOli",6
, ruary, 1982, prevlously-4,1
proved on first reedit, td
• • February 10,1982, TV
text of said ordinar '
ofayucuLthesit Ilcallable to the p lI
,Lchrl
•s•BI G. d`
' CI retary
Cor U_
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