HomeMy WebLinkAbout16911 ORD - 03/03/1982AN ORDINANCE
REPEALING ORDINANCE NO. 15100 APPROVED BY THE
CITY COUNCIL ON SEPTEMBER 5, 1979;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE
LEAGUE, LEASING TO SAID SOUTHSIDE LITTLE
LEAGUE TWO PARCELS OF LAND IN PRICE PARK, ONE
BEING 5 ACRES, THE OTHER BEING 1.71 ACRES,
FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE
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. 15100, approved by the
City Council on September 5, 1979, be repealed in its entirety.
. SECTION 2. That the City Manager be and he is hereby
authorized to execute a lease agreement with the Southside Little
League, leasing to the said Southside Little League for a period
of five years, two parcels of land in Price Park, one being 5
acres, the other being 1.71 acres, for the purpose of
establishing and maintaining a Little League 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", said tracts being more fully described as follows:
Parcel 1
A tract of land 330 feet in width and 660 feet in length out of
Lot 9 and 10, Section "B" Paisley's Subdivision of the Hoffman
Tract as shown by map or plat of record in Volume A, Page 28, Map
Records of Nueces County, Texas, said tract of land being more
particularly described by metes and bounds as follows:
Beginning at a point, the most westerly corner of said Lot 9,
Section "B" and the most southerly corner of said Lot 10, Section
"B", Paisley's Subdivision of the Hoffman Tract;
Thence N. 61° 45' 45" W. with the southwest boundary line of said
Lot 10, a distance of 25 feet4to a point;
Thence N. 28° 16' 22" E. a distance of 25 feet to a point in the
northeast boundary line of Lamont Street for the most westerly
corner and point of beginning of the tract herein described;
Thence N. 28° 16' 22" E. a distance of 330 feet to a point for
the most northerly corner of this tract;
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Thence S. 61° 45' 45" E. at 25 feet past the northwest boundary
line of said Lot 9 in all 660 feet to a point in the northwest
boundary line of Weir Drive for the most easterly corner of this
tract;
Thence S. 28° 16' 22" W. with the northwest boundary line of Weir
Drive a distance of 330 feet to a point for the most southerly
corner of this tract, said point being in the northeast boundary
line of Lamont Street;
Thence N. 61° 45' 45" W. with the northeast boundary line of
Lamont Street at 635 feet past the northwest boudary line of said
Lot 9 in all a distance of 660 feet to the place of beginning;
Containing 5 acres of land more or less.
Parcel 2
Being a 1.71 acre tract of land, more or less, being joined on
the southeast property line of the tract of land being leased by
the City to the Federal Aviation Administration, on the northwest
by the northwest property line of Price Park, and on the
southwest by the northeast property line of the tract of land
being leased by the City to the Central Park Little League.
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This AGREEMENT made and entered into by and between the CITY OF
CORPUS CHRISTI, TEXAS, a municipal corporation, hereinafter called "CITY",
and the SOUTHSIDE LITTLE LEAGUE, CORPUS CHRISTI, TEXAS, hereinafter called
"LESSEE":
WITNESSETH:
That the City of Corpus thristi, Texas, for and in consideration of
the sum of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does by these presents
lease and demise unto the said Lessee, the following. pieces or parcels of land
located in Nueces County, Texas, being more particularly described as follows:
Parcel 1
(outlined in yellow on Exhibit 1)
A tract of land 330 feet in width and 660 feet in length out of Lot 9 and 10,
Section "B", Paisley's Subdivision of the Hoffman Tract as shown by map or plat
of record in Vol. A, Page 28, Map Records of Nueces County, Texas, said tract of
land being more particularly described by metes and bounds as follows:
Beginning at a point, the most westerly corner of said Lot 9, Section "B" and
the most southerly corner of said Lot 10, Section "B", Paisley's Subdivision of
the Hoffman Tract;
Thence N. 61° 45' 45" W. with the southwest boundary line of said Lot 10, a dis-
tance of 25 feet to a point;
Thence N. 280 16' 22" E. a distance of 25 feet to a point in the northeast bound-
ary line of Lamont Street for the most westerly corner and point of beginning of
the tract herein described;
Thence N. 280 16' 22" E. a distance of 330 feet to a point for the most northerly
corner of this tract;
Thence S. 61° 45' 45" E. at 25 feet pass the northwest boundary line of said Lot
9 in all 660 feet to a point in the northwest boundary line of Weir Drive for the
most easterly corner of this tract;
Thence S. 28° 16' 22" W. with the northwest boundary line of Weir Drive a distance
of 330 feet to a point for the most southerly corner of this tract, said point
being in the northeast boundary line of Lamont Street;
Thence N. 61° 45' 45" W. with the northeast boundary line of Lamont Street at
635 feet pass the northwest boundary line of said Lot 9 in all a distance of
660 feet to the place of beginning;
Containing 5 acres of land more or less.
4:::k.14, '1"
Parcel 2
(outlined in pink on Exhibit 1)
----Being a 1.71 acre tract of land, more or less, being joined on the southeast
by the city parking lot, on the northeast by the southwest property line of the
tract of land being leased by the City to the Federal Aviation Administration,
on the northwest by the northwest property line of Price Park, and on the south-
west by the northeast property line of the tract of land being leased by the City
to the Central Park Little League.
The term of this lease shall be five (5) years, commencing
, 1982, 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 during the term of this lease in a clean and
sanitary condition, and at the expiration thereof to return said premises to City
in as good a 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 of the property during its use for Little
League purposes. 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 Little League purposes.
Lessee further agrees that the City may use said land when needed by the City or
needed to be crossed by the City by the installation of utility or effluent lines
and/or easements without compensation to Lessee for such easements or damage for
installation, maintenance, 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 inrprovements 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 Little League
program and for no other purpose without prior written 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 on 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
said premises.
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, Sani-
tation, Fire and Police Departments, for the correction, prevention 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 shall not be responsible
for damages to property or injury to person § 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 whidh 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, maintaining suitable entrance and exit roads,- properly desig-
nated, in accordance with standards set out by the Director of Park and Recreation." .
10. It is agreed that either party may terminate this agreement at any
time during the life of this instrument, provided that six (6) months notice of
such termination is given.
11. It shall be the responsibility of the Lessee to maintain a current
list of its officers on file with the Park and Recreation Department.
12. This contract contains all the provisions agreed upon by the parties
hereto and displaces all previous verbal or oral agreements.
EXECUTED IN DUPLICATE ORIGINALS this day of
ATTEST: '
City Secretary
CITY OF CORPUS CHRISTI
By
, 1982.
Ernest M. Briones
Acting City Manage
APPROVED:
DAY OF FEBRUARY, 1982:
J. BRUCE AYCOCK, CITY ATTORNEY APPROVED:
By
Assistant City Attorney
,02,[11--41
sistant ity Manager
SOUTHSIDE LITTLE LEAGUE,
ATTEST: CORPUS CHRISTI, TEXAS
Secretary
By
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PARKW6
I I,
YOUTA.
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cE,v7r2A.i. pmeld
t—trrt.a I-F-AGesE
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c ry PARKING
E CR. (
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PRICE. PARK 4Rs4 ComPLEX
EX it 1-
That the foregoing ordinance was read for t irst time ARO passed to its
second reading on this the /7 day of , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Oumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance : read for t
third reading on this the day of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregOngiordinance rea
on this the- /ta' 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 3A.Z day of
ATTEST:
cond time and passed to its
, by the
for the t44rd time and passed finally
, 19412.../ , by the following vote:
Cit Secretary
APPROVED:
pick, DAY OF , 191!::
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assi ti ty Atto
MAYOR
16911
oe'
THE ITY OF CORPUS CHRISTI, TEXAS
ilV357727
- PUBLISHER'S AFFIDAVIT CI TY OF C. C.
S▪ TATE OF TEXAS, hs:
County of Nueces. )
9/
, 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
NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING,...
of which the annexed is a true copy, was published in
THE CORPUSHCRISTI CALLER -TIMES
on the
1st day of MARCH 19.2_, and once each
consecutive day
• one Times.
day thereafter for one
•
36.08 L 011.AIN.E .ao.R.TEz.
6gC0UNTING CLERK
Subscribed and sworn to before me this day of MARC
EUGENIA S. CORTEZ_
Notary Public, Nueces unty, T• exas
ipr
"
STATE OF TEXAS,
County of Nueces.
}SS:
PUBLISHER'S AFFIDAVIT
#V352366
CITY OF CC
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
NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING,..
THE CORPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in
FEBRUARY 82day thereafter for one
on the 22nd day of 19...._.., and once each
consecutive daY
one nines.
33.62 LORRAINE CORTEZ
ECGOITNI`IITG
Subscribed and sworn to before me this 23rd day of FEB ARY 19 8a_.
EUGENIA S. CORTEZ
Notary Public, Nueces nty, Texas
•
rte.............NOTICE.OF---
. PASSAGE OF .
' ORDINANCE ON :
SECOND READING r
REPEALING ORD!.
NANCE NO. 15100 APPROV-
ED By 'W. eiTY COUN.
CIL ON SEPTEMBER 5,
1979, AUTHORIZING THE
CITY MANAGER TO EXE.
CUTE A LEASE AGREE+
MENT WITH THE SOUTH
-
SIDE LITT LEAGUE,
SA D SOUTH.;
..,
PARCELS OF LANC
LEAGUE
1
E BRICE PARK, ONE
BEING IACRES, THE OTH
ER BE IN.G 1.71 ACRES
COND CrFTNG
FOk.r....,_PDRPOSE OF
A LITTLE
LEAGUE BASEBALL PRO-
GRAMAALL AS MORE
FULLY SET FORTH IN
THE AGREEMENT, A SUB-:
STANTIAL COPY OF,
WHiGH IS ATTACHED
HERETO AND MADE A,
PART HEREOF, MARKED i
, EXHIBIT "g". i
Wav•-eissfol on secorrd j
of the it of Corpus Christi,
readin the City Council
Texas o 'the 24th day of Feb-
rOry 1982 previously op-
, , proved on first reading on ,
i
text 09 said ordinance Is
ll ,•••• February 17, 1982. The lull
e,
It avallable to the public In the I
' Office of the City Seccetary. 1
-1,firgf-G. Read •
' 'i • ''''''"" Cord.
,,,,,. City!4cretary
Christi i
Texasy
- NOTICI.: UT-
+•• PASSAGE OF
ORDINANCE ON.,....i.
FIRST READING -1
REPEALING ORDINANCE
N 104, Pi,PPROVED ILY,
THE CITY COUNCIL ON
SEPTEMBER 5, 1979; MJ-
THORIZING THE CITY
MANAGER TO EXECUTE
A LEASE -AGREEMENT
I WITH THE SOUTHSIDE
, LITTLE LEADJE, LEAS-
, ING TO SAVS)SOUTHSIDE
1 IP lAritrai MG if:IZN Ir I ?! 1
., PRICE P RK, ONE BEING
1 5 ACRES, THE OTHER BE-
ING 1.71 ACRES, 'FOR THE
P ti.R.P.ose—oT CON-
DUCTING A ,LITTLE
LEAGUE BASEBALL PRO- '
[ GRAMuLit RASEFmL FORTH Ars, i rMAs0 2
' STANTIAL COPY OF
WHICH IS ATTACHED
' HERETO AND MADE A ' ",- ' - • - •i .
' PART HEREOF, MARKED -4
, EXHIBIT " •. I
Wass on first read- t
Ing by, th y Council of the
City of C,o us Christi, Texas i
on the 17818clay of February,
1982. The full text of said or-
dinance Is available to the
: public In the Office of the ,
City Secretary.
s I G Read .
B
ir.""` ---- •, -Gity-Bil etre. tary '
' -N,Corpui ChrixV, Texas__
-ni74-6
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