HomeMy WebLinkAbout17102 ORD - 06/30/1982AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
FOR GRAZING PURPOSES WITH ARTURO BAYARENA.
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 lease agreement for grazing purposes with Arturo Bayarena for a
tract of land containing approximately 10 acres out of the Gregorio Farias
Grant State Abstract #592, for a term of three (3) years beginning on June 1,
1982, all as more fully set forth in the lease agreement, a copy of which is
attached hereto and made a part hereof, marked Exhibit "A."
17102
-SEP 2 8 1984
QEILMED
LEASE AGREEMENT
(Grazing)
THE STATE OFTEXAS
COUNTY OF NUECES
THIS AGREEMENT, made and entered into this the 28th.day of May
1982 by and between the City of Corpus Christi, Texas, a municipal
corporation, hereinafter called "City" and Arturo Bayarena, of Nueces
County, Texas, hereinafter called "Lessee",
W ITNESSET H:
The City of Corpus Christi, does by these presents lease and demise
unto the said Arturo Bayarena, the following described premises, to -wit:
(Hearn Roadr10 acres)
Being a portion of the Gregorio Farias Grant of five and a fraction
leagues, State Abstract No. 592, and being a portion of the 82.5 acre
tract acquired by Albert L. Magee by conveyance from the heirs of Mrs.
Alice L. Magee, of record in the Deed Records of Nueces County, Texas,
in Volume 123, Page 153, reference to which is here made, the premises
hereby conveyed being more particularly described by metes and bounds
as follows, to -wit:
Beginning at a brick set in the ground, the west corner of said 82.5
acre tract for the west corner of this tract;
Thence with the northwest line of said 82.5 acre tract N. 36° 07' E.,
695.7 feet (250.45) varas for the north corner of this tract;
Thence parallel with the southwest line of said 82.5 acre tract S.
54° 58' E., 626.2 feet (225.43) varas for the east corner of this tract;
Thence parallel to the first line S. 360 07' W., 695.7 feet (250.45)
varas to the southwest line of said 82.5 acre tract, on the northeast
line of the old J.C. Hunter Tract, for the south corner of this tract;
Thence with said line N. 540 58' W., 626.2 feet (225.43) varas to the
place of beginning, the premises hereby conveyed containing ten (10)
acres of land, more or less.
and is designated on the map attached hereto, marked Exhibit "A" and
made a part hereof;
The term of the lease is three (3) years beginning on June 1, 1982,
and ending on May 31, 1985, subject to the following consideration,
covenants and conditions, to -wit:
1. The Lessee is to pay therefor the following rental:
Thirty-five Dollars and no cents ($35.00) per month,
payable on the first day of each month, in advance, for
the term of this lease.
mailed to:
Check or money order for the full amounts will be delivered or
CITY OF CORPUS CHRISTI
PROPERTY AND LAND ACQUISITION
1801 N. CHAPARRAL
CORPUS CHRISTI, TEXAS 78401,
Eyb7r
and to the attention of Mr. Roman Barrera, so as to reach Landlord on
or before the due date.
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. Lessee agrees not to sublet the leased premises or any portion
thereof without the consent of the City in writing.
4. 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.
5. 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 de-
mands immediate possession, then the Lessee agrees to vacate and give
possession at any time within . thirty (30) days after re-
ceipt of notice to vacate.
6. This Lessee agrees that he..i11 pay for any and all damages
to any utility lines or equipment located on said land which may be
incurred by his grazing operations or to replace all such lines in-
jured or destroyed as a result of his grazing operations.
7. The Lessee agrees to pay for all utilities used at the pre-
mises being leased by him.
8. The Lessee agrees to pay for any and all expenses necessary
to provide access to the property being leased.
9. The Lessee agrees to Complete fencing of the 10 acre tract
at Lessee's expense; to pay for any sheds, barns, any other improve-
ments,or maintenance of all necessary improvements for his grazing
"Lease Agreement" -Grazing
Arturo Bayarena
Hearn Rd/10 acres
operations.
10. 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 awn expense and at the end of the ex-
piration of the term of this lease, shall deliver up the demised pre-
mises in as good order and condition as same are now in, natural wear
and tear and damage from the elements only excepted.
11. 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.
. 12. 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 or the City
Fire Department.
13. 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 dur-
ing the term of this lease at his own expense.
14. The City reserves the right to enter 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.
15. The Lessee further agrees that in case of any default in
any of the covenants andconditions 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,
"Lease Agreement" -Grazing
Arturo Bayarena
Hearn Rd/10 acres
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 re -let 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 de-
ficiency; and the City (Lessor) shall have a lien as security for the
rent aforesaid.
16. 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.
17. 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 incident to other activities
of the said City.
18, Any notice or other communication from either party to the
other in regard to this agreement shall be deemed sufficiently given
if sent by certified mail, with postage and fees paid addressed to the
party intended at the following address:
City of Corpus Christi Mr. Arturo Bayarena
Property and Land'Acquisition 4721 Archer
1801 N. Chaparral Corpus Christi, Texas
Corpus Christi, Texas 78401 78415
19. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REI_S.Ell_ED
BY THE CITY CHARTER SHALL BE PAID BY LESSEE.
-d-
"Lease Agreement" -Crazing
Hearn Rd/10 acres
WITNESS the execution hereof in duplicate originals, each of
which is to be considered as an original, this the day of
, 1982.
ATTEST: CITY OF GGRPDS CHRISTI, TEXAS
Bill G. Read
City Secretary
APPROVED AS T7t8AL FORM THIS
4 DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
•
Assistanty C torney
, 1982.
By:
Edward A. Martin
City Manager
James K. Lontos, P.E.
Assistant City Manager
Arturo Bayarena
Lease Agreement" -Grazing
learn Rd/10 acres
LESSEE
That the foregoing ordinance was/read for
second reading on this the /40 day of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
le first time wd passed to its
,
l9Y1j, by the
/7
de
That the foregoing ordinance was read for till second time pa sed to its
third reading on this the cR25 day of , 19 , by the
following vote: ir
driLA,0(
Luther Jones
Betty N. Turner
Jack K:-Uumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles -W. Kennedy
Cliff Zarsky
That the foregoing ordinance wa ead for the tilird time and passed finally
on this the .30 day of , 1941_ , by the following vote:
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 30 day of
ATTEST:
Ci y Secretary
.mor
MAYOR .
THE CITY OF CORPUS CHRISTI, TEXAS
AppRgIL
Ajw,-ig.DAY OF , 1914<r
J. BRUCE AYCOCK, CIJY ATTORNgY
17102Rv
, 19 2—
V 3 8 24 86
PUBLISHER'S AFFIDAVIT ciTY OF C.C.
STATE OF TEXAS, t„,
County of Nueces. )
7/Q
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 2IRATE ILEADING,
THE CRRPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in
on the 21 st day of 19....82 and once each day thereafter for. 014 _
day
consecutive
one Times.
19.80
Subscribed and sworn to before me this
LORRAINE CORTEZci0/2226/01.6
-NUOuNTINT-CIERT-- JUNE 82
..
24th day of 19
LOIS WINN A4.1;)
Notary Public, Nueces County, Texas
STi:TEs OF TEXAS,
County of Nueces.
PUBLISHER'S AFFIDAVIT CITY OF C.C.
nioa
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE MARTINEZ , 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 CORPUS CHRISTI. GALL.ElirTTMFS
t2 8
on the._ hday of JUNE 1982 -, and once each day thereafter for one
consecutive day
one Times.
LORRAINE MARTINEZ kmaine,
iRROUNTING 'CLERK JULY 1982
Subscribed and sworn to before me this day of
EUGENIA, 8.
Notary Public, Nueces
rgirrseh.v.P.......7variervri7o=vevnixe•Avoix=iirmiert
7:94011C4 OF
_PASSAGE OP,'
'ORDINANCE ON
SECOND READING,'
AUTHORIZING THE
CITY MANAGEP TO EX
CUTE A LEASE AGRE
MENT FOR GRAZING
PURPOSES WITH ARTUR
BAYARENAI
Was passed on second
reading by the City Counoll
09 the ci,ty, of Corpus chrIsli,
Texas aft the 23rd day o
June, 1982, prevloUsly ap-
proved on first reading o
June 16, 1982. The hill text o
said ordinance Is available 9.
the public in the Office 09 t
City Secretary-- he
.5-E1111 G. Read
City Secreafar
Corpus Chris ,
- • Texqi
en1p1V, r0:16,9
E
ORDi A tEa0N,Elv't
RST XEADING
AUTHORIZING THE CITY
MANAGER TO EXECUTE
A LEASE AGREEMENT
FOR GRAZING PURPOSES
WITH ARTURO BAYA-
RENA.
Was passed on first read-
-alp by the City Council of the
City of Corpus Christi, Texas
on the 169h day of June, 1982.
The 1011 text of said ordi-
nance is available 10 0110 pub-
lic in the Office of the City
Secretry.
' v,.sitiiiilucLI G. Read
cyer;