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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