HomeMy WebLinkAbout17247 ORD - 09/08/1982e
TEXAS:
1
AN ORDINANCE
• -
AUTHORIZING A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE
MISSES KICKBALL LEAGUE FOR A 7.08 ACRE TRACT OF LAND
KNOWN AS THE ANDERSON PIT FOR ESTABLISHING AND
MAINTAINING A PUBLIC RECREATIONAL AREA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be, and he is hereby authorized
and directed to execute, for and on behalf of the City of Corpus Christi, a
lease agreement with the Southside Little Misses Kickball League, leasing to
said Southside Little Misses Kickball League a 7.08 acre tract of land known
as the Anderson Pit located along the 4200 block of McArdle Road, for the
purpose of establishing and maintaining a recreational area, a substantial
copy of said agreement being attached hereto and made a part hereof marked
Exhibit A.
17247
SEP 28 1984
miciNELKERL.
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Lease made and entered into on this the day
of , A. D. 1982, by and between the CITY
OF CORPUS CHRISTI, a municipal corporation, acting herein
by and through its City Manager, hereinafter referred to
as "CITY", and the SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE,
a public non-profit organization chartered for the purpose
of providing Kickball activities for girls, hereinafter
referred to as "LESSEE".
W ITNESSETH:
That the City of Corpus Christi, for and in considera-
tion of the sum of One Dollar ($1.00), and other good and
valuable considerations, the receipt and sufficiency of which
is hereby acknowledged, does by these presents lease and
demise unto Lessee, the following piece or parcel of land
located in Nueces County, Texas, being more particularly
described as follows, to -wit:
Being a 7.08 acre tract of land out of Lot 1, Byron
Willis Subdivision as shown by Map of Record in Volume
A, Page 48, Map Records, Nueces County, Texas, and being
that same tract of land conveyed to the City of Corpus
Christi, Texas, by Harold E. Anderson, December 20,
1960 and recorded in Volume 912, Page 375, Deed Records,
Nueces County, Texas, said 7.08 acre tract of land
being more particularly described by metes and bounds
as follows:
Beginning at the most Northerly corner of Lot A, Anderson
Subdivision as shown by Map of Record in Volume 23,
Page 2, Map Records, Nueces County, Texas, for the most
westerly and beginning corner of the tract herein des-
cribed;
Thence N. 29° 00' E., with the Southeast boundary line
of Nanjean Park as shown by Map of Record in Volume 16,
Page 34, Map Records Nueces County, Texas, and its
extension, a distance of 960.91 feet to a point in the
Southwest right of way line of Mc Ardle Road, for the
most Northerly corner of the tract herein described;
Thence S. 61° 00' E., with the Southwest right of way
line of said Mc Ardle Road, a distance of 277.80 feet
to a point, for a corner of the tract herein described,
Thence S. 290 00' W., with the Northwest boundary line
of a 0.149 acre tract, a distance of 130.0 feet to a
point for an interior corner of the tract herein described;
Thence S. 610 oo' E., with the Southwest boundary line of
said 0.149 acre tract, a distance of 50.0 feet to a point
for a corner of the tract herein described;
Thence S. 290 00' W., at 15.0 feet pass the most northerly
corner of Parklane Subdivision as shown by Map of Record
in Volume 18, Page 45, Map Records, Nueces County, Texas,
at 577.6 feet pass the most westerly corner of said Park-
lane Subdivision, in all a distance of 830.91 feet to
the most easterly corner of said Lot A, Anderson Subdiv-
ision for the most Southerly corner of the tract herein
described;
Thence N. 61° 00' W., with the Northeast boundary line
of said Lot A, a distance of 327.80 feet to the point of
beginning.
Containing 7.08 acres of land more or less.
The term of this lease shall be five (5) years, beginning
on the day of , 1982, and ending five. (5)
years from said date, subject to the following covenants
and conditions:
1. Lessee does by these presents and by entering upon the
land agrees 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 the 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 agrees that no additions or alterations shall be
made to the premises without the consent of the Park and Rec-
reation 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 Lessee to have exclusive control during the Southside
Little Misses Kickball season. Lessee further agrees that
City may use said land when needed by City or needed to
be crossed by City by the installation of utility or effluent
easements without compensation to Lessee for such easements
or damage for installation, maintenance, removal or repair
of said utility or effluent lines, provided 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 Little Misses
Kickball program and for no other purpose without the prior
written consent of the Park and Recreation Department.
4. Lessee does hereby agree to pay for all utilities
used by it on said premises or used by any other activity
sponsored by Lessee at 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,
sanitation, and to execute and fulfill all ordinances, orders
and requirements imposed by the Health, Sanitation, Fire and
Police Departments, for the correction, prevention and abate-
ment 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 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 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. This lease is subject to all of the ordinances of
the City with respect to leases upon public property.
10. It shall be the responsibility of the Lessee to
maintain a current list of its officers on file with the
Department of Parks and Recreation.
11. This contract contains all the provisions agreed
upon by the parties hereto and displaces all previous verbal
or oral agreements.
WIT :if.ET the hands of the parites hereto this the 04L
day of ACW!, , 1982.
ATTEST: SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE
City Secretary
APPROVED:
DAY OF
1982 CITY OF CORPUS CHRISTI, TEXAS
J. BRUCE AYCOCK, CPTY ATTORNEY
City Manager
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PARKLANE
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GRAPHIC SCALE
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3F. BY CITY 6",myr,,,,..cy
- • -- .14/C /c;ZZ .5 r/- \ BYRON WILLIS SUBDIVI
iNERAL H!Gh.rs sTArus;v3ze-.9nre)ed aily
• :.RE
/7.17
That the foregoing ordinance was read for Xfirst time and passed to its
second reading on this the c_245 day of , 19g3) , 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 ordinanzwp read for s cond time an
third reading on this the 7 day of as ed to its
, lg 5,4./ , 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 foregyinance
on this the day of
thkpi time and passed finally
41E9../,./ 9 ig-1, by the following vote:
40r,
Agr:
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
ATTEST:
Ci y Secretary
APPROVED:
' DAY OF , :
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
day of
\
MAYO
9
THE CI OF CORPUS CHRISTI, TEXAS.
17247
PUBLISHER'S AFFIbaVIT
STATE, OF TEXAS, tsa
County of Nueces. )
#V378999
OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE C• 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 rimes,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, arid that the publication of
NOTICE OF PASSAGE , .
of which the annexed is a true copy, was published in
on the.29—t--h day and once each_dathereafter
AUGUST 82 y one
THE CORPUS CHRISTI CALLER -TIMES
consecutive__ ......
One Times.
23.40 LORRAINE C. MARTINEZ
C—
ACCOUNTING CLERK
Subscribed and sworn to before me this 1 Oth day
EUGENIA S. CORTEa
Ndtary 1b1ic, Nueces County, Texas
SEPTEMBER
19 82
fl
- r;; 0;
PASSAGE
ORDINANCE—ON
- FIRST READI
AUTHORIZING A lirc.-ASE,..1
AGREEMENT WITH TY.E-1
5 OU-THS1DE-NLI-TTLE
MISSE5,,KACKBA
LEAGUE FBR A 7.08 AC E
TRACT OF LAND KNOW
-
AS THE ANDERSON PIT
FOR ESTABLISHING AND.'
MAINTAINING A PUBLIC
RECREATIONAL AREA,....
Was passed on first rtaci-
Ing by She City Council of }hos
City of Corpus Christi, Texbs1
on the 251h day of Augusi;s1
dlnance is available to th
1982. The full text of said or.
public ill the Offit
ce of e
City Secretary...,
-s6Bill G. Read
City SexretUf
Corpus Christ/I,
'rev c.4
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces. ) •
#V401 01 2 -
C•ITY OF C.C.
/7V
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE C. MARTINEZ who being first duly sworn, according to law, says that he is thi;
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Tunes,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE,...
of which the annexed is a true copy, was published in ...... ..........
on thelth_ day of..........U.E.TEKEER... _19 82 , and once each._ day thereafter for one.
consecutive cla..y
, Times.
25 .2 0 LORRAINE C. MARTIN EZ g1521.4a.02.2, V2A24_
ACCOUNTING CLERK
Subscribed and sworn to before me this 10th day of SEPTEMBER
EUGENIA S. CORTEZ,.
82
oti4;ublic, Nueces County, Tex
NOTICE F
PASSAGE OF r-
e — ORDINANCE ON
SECOND READING
AUTHORIZING A LEASE
AGREEMENT'WITH THE
SOUTHSIDE LITTLE
MISSES KICKBALL
LEAGUE FOR A 7.048 ACRE
TRACT OF LAND KNOWN
AS THE ANDERSON PVT
FOR ESTABLISHING_AND
MAINTAINING- A PUBLIC
'RECREATIONAL AREA, 4
Was passed on second,
reading by the Ctty Cou#cil.
of the City of Corpus Chrittlf?
T
818085 00 the Ist day of Sep'1,
tember, 1982, prevlou?ly ,i)
proved on first -reading el
August 7519412. The full text
of said ordinance is available
to the public In the Office at
the City Secretary.
-s-Bill G. Read
City Secretary
Corpus Chrisfi,
Texas.