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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 . 1••••.„-e-- • 1 11 • t if _if 7/,- el/ i•Ve • I I 11 e z 1 0 i\ u) 1 \ -5: 1 E 61 1 II hi 1 0 I 1 ANDEOSON 1.1 • E ACOUT /0, /94 / Lor , N li/VDE R 5 0 Al Sa430. 0- 10.telf:43 .4F L70d, _ re t '" et ,)e r • el,: q Lo - PARKLANE SOUTH PADRE ISLAND DRIVE 0 100 200 300 401 50C GRAPHIC SCALE IN FE E T , PART OF LOT I ,.;C0RDIN 1./0‘..9/2/7:57SA<C..7.B'f. 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.