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Home My WebLink About17316 ORD - 10/20/1982AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH ARTURO BAYARENA FOR A 3.937 ACRE TRACT OF LAND BETWEEN HEARN ROAD AND MAGEE LANE FOR GRAZING PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a three year lease agreement with Arturo Bayarena for a tract of land containing 3.937 acres between Hearn Road and Magee Lane, being out of the Gregorio Farias Grant, Abstract No. 592, for grazing purposes, covering a three year term beginning October 1, 1982, and ending September 30, 1985, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and.made a part hereof, marked Exhibit A. 17316 SEP 2 8 1984 MaliLW) LEASE AGREEMENT (Grazing) THE STATE OF TEXAS COUNTY OF NUECES . , EXHIBIT "A" 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 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: See Page -aa- 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 October 1, 1982, and ending on September 30, 1985, subject to the following consideration, covenants and conditions, to -wit: 1. The Lessee is to pay therefor the following rental: Twenty-two Dollars and no cents ($22.00 ) per month, payable on the first day of each month, in advance, for the term of this lease. Check or money order for the full amounts will be delivered or mailed to:. Greenway Water Line ' CITY OF CORPUS CHRISTI PROPERTY AND LAND ACQUISITION 1801 N. CHAPARRAL CORPUS CHRISTI, TEXAS 78401, Being an irregularly shaped tract of land out of the Gregorio Farias Grant, Abstract No. 592, and out of that certain 30 acre tract conveyed to Joe C. Bickham by Deed Recorded in Volume 270, Page 558, Deed Records, Nueces County, Texas, said irregularly shaped tract of land being more particularly described by metes and bounds as follows: Beginning at the most northerly corner of said 30 acre tract for the most northerly and beginning corner of the tract herein described; Thence S. 550 09' 37" E., (S. 57' 30' E., Deed Call), with the northeast boundary line of said 30 acre tract, a distance of 589.19 feet to a point for the most easterly corner of this tract herein described; Thence S. 37' 22' 33" W., with the northwest boundary line of the Roger D. Bickham tract as shown by Deed Recorded in Volume 877, Page 614, Nueces County, Texas Deed Records, a distance of 339.85 feet to a point in the north right-of-way line of 50 foot wide Hearn Road for the southeast corner of this tract; Thence in a westerly direction with the arc of a curve to the left whose central angle is 36° 32' 09" and whose radius is 204.06 feet, a distance of 130.12.feet to a point for the most southerly or southwest corner of this tract; Thence N. 18° 36' 37" W., a distance of 408.73 feet to an interior corner of this tract; Thence N. 55° 09' 37' W., a distance of 178.36 feet to a' point in the northwest boundary line of said 30 acre tract for the most westerly corner of the tract herein described; Thence N. 36° 53' 23" E., (N. 340 28' E., Deed Call) with the northwest boundary line of said 30 acre tract, a distance of 200.13 feet to the point of beginning. Containing 171,489.96 square feet or 3.937 acres of land, more or less. "Lease Agreement" -Grazing Arturo Bayarena Greenway Water Line -aa- 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 aTid give possession at any time within . thirty (30 ) days after re- ceipt of notice to vacate. 6. This Lessee agrees that he will 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- 'inises 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 pay for any and all fences, barns and any other necessary improvements for his grazingoperations. 10. At the expiration of _the lease agreement, the 1,essee shall "Lease Agreement" -Grazing Arturo Bayarena Greenway Water Line retain any and all improvements which are erected by the Lessee during the term of the lease agreement. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. . 16. The Lessee further agrees that in case of any default in any of the covenants andconditionsof 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 Greenway Water Line -c-. 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. 17. 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. 18. 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 inci:dent to other activities of the said City. 19. 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 20. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED BY THE CITY CHARTER SHALL BE PAID BY LESSEE. "Lease Agreement" -Grazing Arturo Bayarena Greenway Water Line 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 CORPUS CHRISTI, TEXAS Bill G. Read City Secretary APPROVED AS TO LEGAL FORM THIS DAY OF , 1982 J. BRUCE AYCOCK, CITY ATTORNEY Assistanty City Attorney Arturo Bayarena LESSEE lease Agreement" -Grazing Arturo Bayarena Greenway Water Line By: Edward A. Martin City Manager es K. on 05, P.E. sistant City Manager LESSEE -e- /N0s1 /70r/Aerly, Cor: /7c. c7 5.40(.2/0 Gteefd I'', 210Z 27o, pg. 558, N.C. 7: D...2. Ored) S'37"E sal. /5" c. cZ5. cpz. 4c. 4ii csnil ti -)1 N• • °C1 No.) 0 01) 't11? X, '37".g/. tlex C ./.3;c i'•/4 Cr? RO D x PeL7PC /Vo. /e) - Joe C. g/c,4-,4c7/2-2 171 -ea • 37 Acres" That the foregoing ordinancejwasiread for tJ7 f'rst time Aqd passed to its ' second reading on this the 4,Atk, day of 19X1_, , 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 1-6 day of following vote: Luther Jones Betty N. Turner Jack K..--O-umphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregq14urdinance d for on this the ,p1D day of co d time aptyassed to its , by the 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.: City Secretary time and passed finally , by the following vote: APIZVED: DAY OF , 19 11,./ J. BRUCE OCK, C TY ATTORNEY Of. By As istant City A401,1ey MAYOR "14141r1. /2Ag Or THE CIT OF CORPUS CHRISTI, TEXAS , 19 17316 PUBLISHER'S AFFIDAVIT STAT 4 OF. TEXAS, County of Nueces. #V4065 CITY OF C.C. "23/Ze Before me, the undersigned, a Notary Public, this day personally came. , who being first duly sworn, according to law, says that he is the 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 which the annexed is a true copy, was published in •THE CORPUS .............. on the....11_tbday 19._.22., and once each... consecutive.. day one Times. 23.40 LORRAINE C. MARTINEZ 49,y2aLze.„ 6, ACCOUNTING CLERK Subscribed and sworn to before me this 26th OCTOBER day19 any thereafter for.........°1.16.L EUGENIA S. CORTEZ Notary thlic, Nueces County, Te -2• • NOTICE OF _iv 4 ORDINANCE.AISUISVI)Z114Es LASE AJ.E FOR A AGREEMENT Vi/NATL 93 aq'cY12TETRACT OE, URO 31:AN713 BETWEEN HEARN ROAD AND MAGEE LAN. FOR GRAZINS PUR• POSES. -- Was passed 9n seconnd gatf,":&;'yyorto= Texas on the 1311' day o, tober, 1982, previonIy Pes a ed on first readln9 0 s 0 tober 6, 1982. The 11,9 le ofsaid ordinance is availably to the public In the Office bt Inc City SecretarY.-- •s•Bill G. Read City SecretAor- ' Corpus Cihrnixsti, PUBLISHER'S AFFID4VIT - STATE OF TEXAS, }BE County of Nueces. #V1608 • CITY' OF C.C. 311/ 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 Times, 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 the.111_ day 19 82 and once each__ y thereafter for one consecutive. .dav- LORRAINE C. MARTINEZ ACCOUNTING CLERK Subscribed and sworn to before me this 15TH day 9f OCTOBER ig 82 gis9/Lay),IsLzz EUGENIA S. IODRTEZ Notary Pq1ic, Nueces County, Tex. diggirt.0 AUTHORIZING A ' LEASE- AGREEMENT WITH ART-- URO BAYARENA FOR 3.937 ACRE TRACT OR.: LAND BETWEEN HEARIU, ;cee aNRDATf'gF4-tNX POSES. Was passed on first read—y In by the City Council of the - Cay of Corpus Chrlsti, Texas -x-- 09 the 691 day of October, 1982, The fUll text of said 00r.1 dinance N available to the - Public to the Office of the' cti,s•crotarry. fty •Orpus Christ , s •Texa Ls- 4 - r •