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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No. 15098 approved by the City Council on September 5, 1979, which authorized a lease with the Oso Little League, be repealed in its,entirety.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 , Page -2- 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_ • " • gh.10.1.0 hlageyar., as teAlk ewet2-2,' •