HomeMy WebLinkAbout17364 ORD - 11/17/1982AN ORDINANCE
AUTHORIZING THE RENEWAL OF A LEASE AGREEMENT WITH THE OSO
LITTLE MISSES KICKBALL FOR A PERIOD OF 5 YEARS FOR A
TRACT OF LAND IN SOUTH GUTH PARK.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager or his designee be authorized to
renew a lease agreement with the Oso Little Misses Kickball, leasing to the
said Oso Little Misses Kickball for a period of five years, commencing on
November 22, 1982, and ending five years from said date, a 4.23 acre tract of
land in South Guth Park for the purpose of establishing and maintaining a
Little Misses Kickball program, all as is more fully set forth in the
agreement, a copy of which is attached hereto and made a part hereof marked
Exhibit "A."
17364
SEP 2 81984
SEP ;?; k1;04
MICROFILMED
LEASE AGREEMENT
THE STATE OF TEXAS_ O
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, TEXAS, a municipal corporation, acting herein by and through
its City Manager, hereinafter referred to as "CITY", and the OSO
LITTLE MISSES KICKBALL LEAGUE, a public non-profit organization
chartered for the purpose of providing kickball activities for
girls, hereinafter referred to as "LESSEE."
WITNESSETH:
That the City of Corpus Christi, for and in consideration
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 4.234 acre tract of land out of Lots
Seven (7), Nineteen (19), and Twenty (20),
Section Seventeen (17), Flour Bluff and Encinal
Farm and Garden Tracts as shown by map of
record in Volume A, pages 41, 42, and 43,
Map Records, Nueces County, Texas, said
4.234 acre tract of land being more particular-
ly described by metes and bounds as follows:
Beginning at a 1" iron pipe in the southeast
boundary line of the Continental Pony League
Lease Tract, said point being S. 60° 58'
50" E., 435.0 feetfromthe most northerly
corner of said lot Nineteen (19), for the
beginning corner of the tract herein described;
Thence S. 6o° 58' 50" E., with the southwest
boundary line of the Oso National Pony League
Lease Tract, a distance of 470.92 feet to a
point for an interior corner of the tract
herein described;
Thence N. 69° 16' 10" E., a distance of 415.16
feet to a point in the arc of a curve, the
southwest right-of-way line of 'Ennis Joslin
Road for the most northerly corner of the
tract herein described;
Page 1 of 5
Thence in a southeasterly direction with the
southwest right-of-way line of said Ennis
Joslin Road and with the arc of a curve to
the left whose central angle is 0° 32' 10"
and whose radius is 5769.58 feet, an arc
distance of 53.95 feet to a point for a
corner of this tract;
Thence S. 76° 36' 40" w., a distance of 66.21
feet to a point for an interior corner of
the tract herein described;
Thence S. 33° 18' 50" W., a distance of 445.76
feet to a point for the most southerly corner
of this tract;
Thence N. 60° 45' 10" W., a distance of 700.0'
feet to a 1" iron pipe in the most southerly
corner of said Continental Pony League Lease
Tract for the most westerly corner of the
tract herein described;
Thence N. 29° 01' 10" E., with the southeast
boundary line of said Continental Pony
League Lease Tract, a distance of 202.0
feet to the point of beginning.
Containing, 4.234 acres of land more or less.
Being a 0.257 acre tract of land out of Lot
Seven (7), Section Seventeen (17), Flour
Bluff and Encinal Farm and Garden Tracts
as shown by map of record in Volume A,
pages 41, 42, and 43, Map Records, Nueces
County, Texas, said 0..257 acre tract of land
being more particularly described by metes
and bounds as follows:
Beg.inning at a 1" iron pipe in the southwest
boundary line of said Lot Seven (7), and in
the most southerly corner of the Oso National
Pony League Lease Tract, said point being
S. 60° 58' 50" E., 905.92 feet from the most
northerly corner of Lot Nineteen (19), said
Section Seventeen (17), for the most westerly
and beginning corner of the tract herein
described;
Thence N.. 69° 16' 10" E., a distance of 415.16
feet to a point in the southwest right-of-
way line of Ennis Joslin Road, for the most
northerly corner of the tract herein described;
Thence in a southeasterly direction with the
southwest right-of-way line of said Ennis Joslin
Road, and with the arc of'a curve to the left
whose central angle is 0° 32' 10" and whose
radius is 5769.58 feet, an arc distance of
53.95 feet to a point for the most southerly
corner of this tract;
Thence S. 6°
feet to the 36' 40" a distance of 421.66
point of beginning.
Containing 0.257 acre of land more or less.
Page 2 of 5
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 agree to maintain a ball park to conduct a kickball program
for girls.
3. No additions or alterations shall be made to the
premises without the consent of the Park and Recreation Department
in writing; and, if for any reason this lease is cancelled or
expires, Lessee shall have the right to move all facilities
installed by the League except pipe lines installed on, in or
under the land.
4. 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 its use for kickball 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 kickball purposes.
5. Lessee further agrees that the 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 ease-
ments and lines and locates said lines at points other than
where improvements are located whenever it is reasonably possible.
6. 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
Page 3 of 5
•
41111
with primary use being the aforesaid Little Misses Kickball
program
and for no other purpose without the prior written consent of the
City.
7. 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.
8. Lessee hereby agrees to conform to all rules set
out by the City Manager and/or the Park and Recreation Director of
the City for the maintenance of said premises or operations
thereon.
9. 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 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.
10. Lessee does hereby agree that the City shall not
be responsible for damages to property or injurytopersons
which may arise incident to the exercise of the rights and privi-
leges 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.
11. Lessee further agrees to use the southwest portion
of said tract for parking purposes as indicated on the attached
map, marked Exhibit 2, incorporated herein by reference and made
a part hereof. Lessee shall be responsible for construction and
maintenance of a parking area, and suitable entrance and exit
roads on said portion of the tract in accordance with standards
set out by the Director of Park and Recreation.
Lessee may also use for parking purposes the southeast
portion of the Oso National Pony League Tract as indicated on the
attached map.
12. It shall be the responsibility of the Lessee to
maintain a current list of its officers on file with the Depart-
ment of Park and Recreation. -
Page 4 of 5'
13. This lease is subject to all of the ordinances of
the City with respect to leases upon public property.
WITNESSETH the hands of the parties hereto this the
day of , 1982.
ATTEST:
City Secretary Edward A. Martin, City Manager
CITY OF CORPUS CHRISTI, TEXAS
BY
APPROVED:
DAY OF , 1982
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Page 5 of 5
•
That the foregoing ordinanceas, read for
second reading on this the day of
following vote:
first timend passed to its
19�Z , by the
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance vais read for
third reading on this the /d 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 foregoingArdinance w•. read fo
""-
on this the / /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 /A—day
ATTEST:
e seco
d time a passed to its
, 19 ,�!/ , by the
t e thi
ime and passed finally
by the following vote:
APPROVED: h
� DAY OF GCru-eze-4-L-,/ 19 � 3�
J. BRUCJ- YCOCK, CITY ATTORNEY
By
Assistant Cit /ij orney
of
MAYOR
/
THE TY OF CORPUS CHRISTI, TEXAS
, 19
1'736¢
STATE OF TEXAS, tss:
County of Nueces.
PUBLISHER'S AFFIDAVIT
#11013
CITY OF CORPUS CHRISTI
Before me, the undersigned, a Notary Public, this day personally came.
ANNA GARZA
., who being first duly sworn, according to law, says that he is the
_^- ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Thies,
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 AUTHORIZING
t
1 of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES .{
on the$ _day of _NOVEMBER 1982. and once each DAY _ thereafter its ONE
consecutive. DAY
Times.
L 21.60 : ANNA GARZA
ACCT CLERK
,a„),!
17 FEBRUARY 83
Subxcribed and sworn to before me ..-_d of 19
EUGENIA S. CORTEZ .
Public, Nueces County, T
NOTICE OF --
PASSAGE OF
ORDINANCE ON
FIRST READING
AUTHORIZING THE RE-
NEWAL OF A LEASE
AGREEMENT WITH THE
050 LITTLE MISSES
KICKBALL FOR A PERI-
OD 'OE 5 YEARS FOR A
TRACT OF LAND IN
SOUTH GUTH PARK.
Was passed on first read.
Ing by the City Council of
the City of Corpus Christi,
Texas on the 3rd day of
November, 1952. The full
text of said ordinance is
available to the public In
the Office of the City Secre-
tary.
s -Bill G. Read
'City -Secretary;;
- Corpus Christi, Texas
t.
4
glad
PUBLISHER'S AFFIDAVIT
STATE OF TERAS, t„,County of Nueces.
Before me, the undersigned, a Notary Public. this day personally came______________.
ANNA
ame..._._._._—.____--
ANNA GARZA -. who being first duly sworn, according to law. says that be is the
#13281
CITY OF CORPUS CHRISTI
__ of the Corpus Christi Caller and The Corpus Christi 'limes,
ACCOUNTING CLERK
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE ON SECOND READINGAUTHORIZINGTHE RENEWAL
was published in — CORPUS CHRISTI CALLER -TIME
S
of which the annexed is a true copy,
on the .:..1 5 day of DAY ONE
NOVEMBER 1982 ., and once each _..._.thereafter for..
....._ —
DAY
consecutive
....S1.N.E...__
23.40
ANNA GARZA
ACCT CLERK
th FEBRUARY ig 83
Subfcribed and sworn to before me this..._.17___ _--_.day of. _.. Nueces County, Texas
EUGENIA S. CORTEZ
'
2, NOTICE.DF-PASSAGE
OF ORDINANCE
ON SECOND READING .
AUTHORIZING THE RE-
NEWAL OF A LEASE
AGREEMENT WITH THE
OSO LITTLE MISSES
KICKBALL FOR A PERI --
OD OF 5 YEARS FOR A
TRACT OF LAND IN
SOUTH GUTH PARK.
Was passed on second read-
ing by the City Council of
the City of Corpus Christi,
Texas on the 10th day of
November, 1987, previously
passed on first reading on
November 3, 1982 The full
text of said ordinance is
available to the public In
the Office of the City Secre-
tary.
-5-B111G. Read
City Secretary,
Corpus Christi,
Texas.