HomeMy WebLinkAbout18273 ORD - 06/05/1984TEXAS:
• AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR GRAZING
PURPOSES WITH MR. AND MRS. EUGENE SMITH, FOR A 22.74 ACRE
TRACT ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND
ACQUISITION PROJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute a
lease agreement for grazing purposes with Mr. and Mrs. Eugene Smith for a 22.74
acre tract acquired in connection with the Navy Clear Zones Land Acquisition
Project, 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".
182'73
MICROFILMED
SEP 2S1994
THE STATE OF TEXAS
COUNTY OF NUECES
X
X
GRAZING LEASE
EXHIBIT A
THIS AGREEMENT, made and entered into this the day of
1984 by and between the City of Corpus Christi, Texas, a municipal corporation,
hereinafter called "City", and Urban Eugene Smith and wife, Sue B. Smith, 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 Urban Eugene Smith and wife, Sue B. Smith the following described
premises, to -wit:
See Pages 6 and 7
For a term of three (3) years beginning March 1, 1984 and ending on
February 28, 1987, subject to the following consideration, covenants and
conditions,. to -wit:
1. The Lessee is to pay therefore the following rental:
Fifty Dollars ($50.00) per month, payable
on the first day of each month, in ad-
vance, for the term of this lease.
Check or money order for the full amounts is to be made out to:
CITY OF CORPUS CHRISTI
and should be delivered or mailed to:
City of Corpus Christi
Property and Land Acquisition Division
1801 N. Chaparral Street
Corpus Christi, Texas 78401,
and to the attention of Roman Barrera, so as to reach Landlord on or be-
fore 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.
Page 1 of 6
646,rFl.
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. 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 injured or destroyed as a
result of his grazing operations.
6. The Lessee agrees to pay for all utilities used at the premises
being leased by him.
7. The Lessee agrees to pay for any and all expenses necessary to
provide access to the property being leased.
8. It is agreed that construction of improvements on the leased premises
is prohibited. Lessee agrees to pay for any fences necessary for his grazing
operation.
9. At the expiration of the lease agreement, the Lessee shall retain
any and all fences which are erected by the Lessee during the term of the lease
agreement except where there is breach of contract by the Lessee in which case
the fences shall be retained by the City as liquidated damages.
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 own expense, and at the end of the expiration of the term of this
lease, shall deliver up the demised premises 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
"Grazing Lease" 3-1-84/2-28-87
Caribbean & Fl.Bluff Drives
Page 2 of 6
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,'orHeii and require-
ments 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 during 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 and conditions of this lease, the City may enforce the performance
thereof in any modes or manner provided by law; and may declare the lease for-
feited at its discretion, and it, its agents, 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 deficiency; and the City shall
have a lien as security for the rent aforesaid.
16. Lessee agrees to save and keep harmless the City of Corpus Christi,
Texas, 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 ingress, 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:
"Grazing Lease" 3-1-84/2-28-87
Caribbean & F1.Bluff Drives
Page 3 of 6
City of Corpus Christi Mr. & Mrs. Urban Eugene Smith
Property & Land Acquisition 1818 Caribbean
1801 N. Chaparral -Street Corpus Christi, Texas
Corpus Christi, Texas 78401 78415
19. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REQUIRED
BY THE CITY CHARTER SHALL BE PAID BY LESSEE.
20. By Lessee's execution hereof, Lessee acknowledges that they have read
this agreement and understand that this agreement is not binding on City until
properly authorized by the City Council and executed by the City Manager of
the City of Corpus Christi, Texas.
WITNESS the execution hereof in duplicate originals, each of which is to
be consideraed as an original, this the
1984.
By:
ATTEST:
day of
THE CITY OF CORPUS CHRISTI, TEXAS
Edward A. Martin
City Manager
City Secretary
APPROVED AS TO LEGAL FORM THIS
APPROVED:
By:
LESSOR
DAY OF , 1984.
J.'BRUCE AYCOCK, CITY ATTORNEY
Assistant City Attorney
James K. Lontos, P.E., Assistant City Manager
Urban Eugene Smith Sue B. Smith
LESSEES
"Grazing Lease" 3-1-84/2-28-87
Caribbean & F1.Bluff Drives
Page 4 of 6
TRACT NO. 1
Field notes for a 13.18 acre tract of land
out of Lots 9 and 10, Section 39, Flour
Bluff and Encinal Farm and Garden Tracts,
as shown by map of record in Volume A, •
'
Pages 41, 42, and 43, Nueces County, Texas,
Map Records and being out of that certain`''+',
120 acre tract of land conveyed to Gene
Smith and wife, Sue B. Smith by Deed re- '
corded in Volume 1901,,Page 438, Nueces
County, Texas Deed Records, said 13.18
acre tract being more particularly des-
cribed by metes and bounds as follows:
Beginning at a 1 inch.iron pipe at the in-
tersection of the west right-of-way line
of Flour Bluff Drive and the north right-
of-way line of Caribbean Drive, from
whence, the southeast corner of said Lot 9,
bears South 29 degrees 00 minutes West,
30.00 feet, and South 60 degrees 59
minutes 15 seconds E., 40.00 feet for the
most southerly and beginning corner of
the tract herein described;
Thence North 60 degrees 59 minutes 15
seconds East, with the north right-of-way
line of said Caribbean Drive, a distance
of 87.65 feet to a 1 inch iron pipe for
the most westerly corner of the tract
herein described;
Thence North 0 degree 03 minutes 15
seconds East, a distance of 1,475.93 feet
to a 1 inch.iron pipe in the north line
of said Lot 10, the north line of said
120 acre tract for the most northerly
corner of the tract herein described;
Thence South 60 degrees 57 minutes 20
seconds East, with the north line of
said Lots 9 and 10, the north line of
said 120 acre tract, and generally
with a wire fence, a distance of 801.98
feet to a 1 inch iron pipe in the west
right-of-way line of said Flour Bluff
Drive for the most easterly corner of the
tract herein described;
Thence South 29 degrees 00 minutes West,
with the west right-of-way line of said
Flour Bluff Drive and with a wire fence,
a distance of 1,290.95 feet to the point
of beginning.
Containing 13.18 acres of land, more or
less.
"Grazing Lease" 3-1-84/2-28-87
Caribbean & F1.Bluff Drives
Page 5 of 6
TRACT NO. 2
Field notes for a 9.56 acre tract of land
out of Lots 9, 10, 11, and 12, Section 39,1%
Flour Bluff and Encinal Farm and Garden '
Tracts, as shown by map of record in Volume,
A, Pages 41, 42, and 43, Nueces County,
Texas, Map Records and being out of that
certain 120 acre tract of land conveyed
to Gene Smith and wife, Sue B. Smith by
deed recorded in Volume,1901, Page 438,
Nueces County, Texas,.Deed Records, said
9.56 acre tract of land being more par-
ticularly described by metes and bounds
as follows:
Beginning at a 1 inch iron pipe in the
north right-of-way line of Caribbean
Drive from whence the southeast corner of
said Lot 9, bears South 60 degrees 59 min-
utes 15 seconds East, 586.51 feet, and South
29 degrees 00 minutes West, 30.0 feet, for
the most easterly and beginning corner of
the tract herein described;
Thence North 60 degrees 59 minutes 15
seconds West, with the north right-of-
way line of said Caribbean Drive, a
distance of 1,772.30 feet to a 1 inch
iron pipe for the most westerly corner
of the tract herein described;
Thence North 45 degrees 01 minutes 35
seconds East, a distance of 488.93 feet
to a 1 inch iron pipe for the most
northerly corner of the tract herein
described;
Thence South 44 degrees 58 minutes 25
seconds East, a distance of 1,703.53
feet to the point of beginning.
Containing 9.56 acres of land, more or
less.
"Grazing Lease" 3-1-84/2-28-87
Caribbean & F1.Bluff Drives
Page 6 of 6
That the foregoing ordinance was read for
second reading on this the �jfq' day of
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
•
first time and pds ed to its
, 19 j/r , by the
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance wa�read for
third reading on this the day of
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
That the foregAgeg ordinancwas read
on this the . ay of
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
th second time and.sed to its
, 19y , by the
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
�nk
for the t rd time and passed finally
, 19 ,yr, bythe followin. vote:
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb f
Frank Mendez
Mary Pat S1 ik
PASSED AND APPROVED, this the 541day of
ATTEST:
City Sec e'tary
APPROVED:
27,,,I DAY OF /7/ay , 19 8'/:
J. BRUCE AYCOCK, CITTY ATTORNEY
MAYOR
THE Z'FY OF CORPUS CHRISTI, TEXAS
18273
PUBLISHER'S AFFIDAVIT -
STATE OF TEXAS, Iss:
County of Nueces.
AD#16234
City of C.C.
Before me, the undersigned, a Notary Public, this day personally came
GRACIE DE LUNA , who being first duly sworn, according to law, says that he is the
ADM...... S.T...._SECEET.ARV 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 PASSAQFw..Ql?._4liRI1IAZ..
of which the annexed is a true copy, was published in _.__.CALLER -TIMES PUBLISHING CO.
on the. 28th day of......._.._.Mai.._...._ 19_84 and once each..._. day.... thereafter for oma
consecutive day
One
Times.
_ 26.40 GRACIE DE LUNA
$ Adm. Asst. Sec.
Subscribed and sworn to before me this....3D_t3a... day of May.... 19 43.4..
At genet..
Notary Public, Nu: = County, Texas
EDNA KOSTER
„fr�,.�i” rf .i �'Y. i ,+`' �: i,F •,r......�a?k....; u
CJt rii �L'iL"i:.rN1:�a+�.'•i i.'...,.«Saa.La`.YRI
NOTICE OF PASSAGE
'OF ORDINANCE ON FIRST
READING
AUTHORI NG THE EXECU-
TION 'Et A LEASE
"AGREEMENT FOR GRAZING
PURPOSES WITH MR. AND
r MRS. EUGENE SMITH, FOR A
^'22.74 ACRE TRACT AC-
'"QUIRED IN CONNECTION
WITH THE NAVY CLEAR
ZONES LAND ACQUISITION
tersrlOJECT. .
Was passed and approved
«d''« on first reading by the City
" -Council of the City of Corpus
`ick Christy Texas on the 23rd day
,, bf May, 1984. The full text of
csaid ordinance is available to
the public in the Office of the
'City Secretary.
-saill G. Read
Crty Secretary
Corpus Chris4.._Ter..
ea -k
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, tss;
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came
MARGARET RAMAGE , who being first duly sworn, according to law, says that he is the
COMMUNITY RELATIONS SUPERVISOR 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 AUTHORIZING THE EXECUTION _
of which the annexed is a true copy, was published is Caller -Times Publishing Co.
4th June 84 day one
on the._. _._ day of 19_ _, and once each. thereafter for
consecutive day
One
$--
Times.
26.40 MARGARET RAMAGE
Subscribed and sworn to before me this
EDNA KOSTER
5th dayrJuneg84
ary Pub1i Nleces County, Texas
NlaTICg OF PASSAGE
OF ORDINANCE DN-
SECOND- EADING
AUTHORIZING' THE EXECU
TION OF A LEAS
AGREEMENT FOR GRAZIN
PURPOSES WITH MR. AND
MRS. EUGENE SMITH, FOR A
22.74 ACRE TRACT AC
(WIRED IN CONNECTION
WITH THE NAVY. --CLEAR
ZONES LAND -"ACQUISITION
PROJECT.
Was passed on second
reading by the City Council of
,the City tof Corpus Christi.
(ferias on the 30th day; o
May, .1884 The full tent
said ordinance is available
he public in the Office of
ny Secretary, --
'-s-filfi G. Read
City Secretary
Corpus Chrlsti,-Teras
'"�NOTICE.OF_E