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HomeMy WebLinkAbout19387 ORD - 07/22/1986TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR FARMING PURPOSES WITH RAYMOND AND RONNIE KLOSTERMANN DBA KLOSTERMANN FARMS FOR A 23.099 ACRE TRACT OF LAND WHICH WAS 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 farming purposes with Raymond and Ronnie Klostermann dba Klostermann Farms for a 23.099 acre tract of land which was 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." 06P.144.01 19387 MICROFILMED LEASE AGREEMENT (Farming) THE STATE OF TEXAS 1 COUNTY OF NUECES 1 THIS AGREEMENT, made and entered into this the day of , 1986, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called "City", and Klosterman Farms 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 Klostermann Farms the fallowing 23.099 acres described by metes and bounds on the attached Exhibit "A" (see Pages 2,3,4) and shown by map reference on attached Exhibit "E" (see Page 9); for a term of three (3) years beginning August 1, 1986 and ending July 31, 1989 subject to the following consideration, convenants and conditions, to -wit: 1. The Lessee is to pay therefor the following rental and cost bonus to be paid as follows: a) Lessen is farming a total of 127.2 acres at this location. The City's cash rent will be prorated on the basis of City's acreage versus the total acreage being cultivated - that being 23.099 acres out of a total acreage of 127.2 acres. Therefore, the City's share of the proceeds will be 19 percent of the total proceeds for the 127.2 acres but will change if the total acreage cultivated changes. b) The consideration for this lease, to be paid by Lessee, is one-fourth (}) of all cotton and seed raised on said land, of which Lessee agrees to pay three-fourths (3/4) of the ginning charges on all cotton ginned and City a- grees to pay one-fourth (}) of such ginning charges. The Lessee agree. that in the event any cotton crop or any portion thereof is sold in the field without harvesting coat to him, the rent will be one-third (1/3) of the pro- ceeds of such sale instead of one-fourth (i). For all acres to be planted in feed, Lessee agrees to pay a share rental of one-third (1/3) of the value of such Page 1 of 9 feed, and should Lessee plant any part of said leaned pre- mises in Sudan, Rhodes Grass or any other feed and retain the same for home use he shall pay money rent therfor on the basis ofeehat the other feed grown on said leased premises averaged per acre on the market. It is agreed that City shall pay one-third (1/3) of the hauling ex- pense for harvesting all grain crops, and said Lessee shall pay two-thirds (2/3) of such hauling expense, but that Lessee shall bear the expense of combining grain. Lessee shall give notice to the City that such crops are being harvested. c) Or, Lessee agrees to pay therefor as rental a yearly cash guarantee of $ 20.00 per acre, whichever is greater. d) Said rent shall be delivered or mailed to Property and Land Acquisition, 1801 N. Chaparral, Corpus Christi, Texas, 78401, payable annually following crop harvest. 2. It is understood and agreed that the leased premises are to be used for agricultural purposes only. That said premises are not to be used for any other purpose than these herein speci fied unless consented to by the City in writing. 3. Lessee agrees not to sublet the leased premteee or any portion thereof without the consent of the City in writing. 4. It is further understood that Lessee shall keep a true and ac- curate book of accounts regarding all business matters per- taining to the above described cultivation of the premises hereby leased, and that such books shall be open to inspec- tion by the City. 5. 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. 6. It ie understood that the City reserves the right to sell, use 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 LEASE AGREEMENT (Farming) -Klostermann Farms (23.099 acres) 5 this lease. Should the property be sold, used or leased before the expiration date hereof and the purchaser or • leasee not:be willing to take the same subject to this lease and demands immediatepossession, then the Leeeee a- grees to vacate and give possession at any time within fif- teen days after receipt of notice to vacate. Should it be- come necessary for Lessee to vacate in case of a sale or lease, then the City shall pay Lessee for the land or portion thereof so vacated the following amounts, to -wit: If the land has been plowed and prepared for a new crop, but before the crop has been planted, the actual expense of working the acreage vacated, plus $5.00 per acre. If after there is a growing crop, then the average return on an acreage basis that like crops bring on unsold land covered by this lease, or if no unsold land covered by this lease, then on similar land in the immediate vicin- ity. Any payments so made shall be in proportion to the tenant's share of the crop under this lease, less harvesting costa. 7. 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 farming or agricultural operations or to re- place all such lines injured or destroyed as a result of his agricultural operations. 8. The Lessee agrees to pay for all utilities used at the pre- mises being leased by him. 9. 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 ele- ments only excepted. LEASE AGREEMENT (Farming) -Klosterman Farms (23.099 acres) 10. 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. 11. The Lessee shall not permit malt, vinous or alcoholic beverages on the demised premises. 12. The Lessee shall promptly execute and fulfill all the ordi- nances of the City of Corpus Christi applicable to said pre- mises, and all orders and requirements imposed by the Health, Sanitation and Police Departments of the City, for the cor- rection, prevention and abatement of nuisances in, upon, or connected with said premises during the term of this lease at his own expense. 13. The City reserves the right to enter the 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. 14. 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 pro- vided by law; and may declare the lease forfeited at its dis- cretion 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 relet 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 (Lessor) shall have a lien as security for the rent aforesaid, or any rent due and unpaid under said lease, upon all crops, goods, LEASE AGREEMENT (Farming) -Klosterman Farms (23.099 acres) 7 wares, chattels, implements, fixtures, furniture, tools, and other personal property which are not located on said premises or which may be placed on said premises by the Lessee, which lien shall be cumulative of the statutory lien created by law and in addition thereto. 15. 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. 16, 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 incident to other activities of the said City. 17. Any notice or other communication from either party to the other in regard to this agreement shall be deemed sufficient- ly given if sent by certified mail, with postage and fees paid addressed to the party intended, at the following address: City of Corpus Christi Property and Land Acquisition 1801 N. Chaparral Corpus Christi, Texas 78401 Mr. Ronnie Kloatermann Mr. Raymond Kloatermann Rt. 3, Box 108 Robstown, Texas 78380 18. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS RE91.1880 um CITY CHARTER SHALL BE PAID BY LESSEE. WITNESS the execution hereof in duplicate originals, each of which is to he considered as an original, this day of 1986 ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS By City Secretary Ernest M. Briones, Acting City Manager APPROVED AS LEGAL FORM THIS DA F b(e, 19 (kt( deo)G(.y 4avg41 BY U 5 y Attorney LEASE AGREEMENT (Farming) (23.099 acres) (LESSOR) James 0.`Lontoe, P.E., Assistant City Manager KLOSTERMANN FARMS Ronnie Rlostermann TRACT 1: A tract of land containing 10.19 acres of land comprised of all of Lots 10, 11 and 13 thru 24 and portions of Lots 4 thru 9 and 12, Block 10, Saratoga Place, a map of which is recorded in Volume 50, Page 140, Map Records of Nueces County, Texas and a portion of a dedicated public street as shown on said Map of Saratoga Place: BEGINNING at the intersection of the Northeast boundary line of Saratoga Boulevard (State Highway 357) and the North flared boundary line of Ayers Street (State Highway 286) for the South corner of said Lot 11 and for the South corner of this tract; THENCE North 61°31'11" West, along the Northeast boundary of Saratoga Boulevard, same being the Southwest boundary of Lots 9 thru 11, parallel to the centerline thereof and 60.00 feet distant therefrom, measured at right angles thereto, 176.45 feet for a corner of this tract from which corner the common front corner of Lots 8 and 9 bears North 61°31'11" West 3.55 feet; THENCE, leaving said Northeast line of Saratoga Boulevard, North 00°00'54" West 481.26 feet to a point of the Northwest boundary of Lot 12 for the West corner of this tract and the point of curvature of a circular curve to the left whose radius point bears North 17°06'55" East 150.90 feet and which has a central angle of 78°07'06", a radius of 150.90 feet, a tangent distance of 122.45 feet and an arc length of 205.74 feet; THENCE, with said circular curve to the left, along the Northwest boundary of Lots 12 thru 14, a distance of 205.74 feet for the point of tangency; THENCE North 28°59'49" East, along the Northwest line of Lots 14 thru 24, a distance of 516.54 feet for the North end of this tract and the point of curvature of a circular curve to the right whose radius point bears South 61°00'11" East 10.0 feet and which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent distance of 10.00 feet and an arc length of 15.71 feet; THENCE, with said circular curve to the right, 15.71 feet for the point of tangency; THENCE South 61°00'11" East, with the Northeast boundary of Lot 24, at 390.00 feet pass the East end of Lot 24, in all a distance of 400.00 feet for the point of curvature of a circular curve to the right whose radius point bears South 28°59'49" West 10.00 feet and which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent distance of 10.00 feet and an arc length of 15.71 feet; THENCE, with said circular curve to the right, 15.71 feet for the point of tangency; THENCE South 28°59'49" West, parallel to the centerline of Ayers Street thereo and 50.00 feet distant therefrom, measured at right angles thereto, 462.32 feet for a corner of this tract; LEASE AGREEMENT (Farming) -Klostermann Farms (23.099 acres) EXHIBIT A 2 1 THENCE South 34°42'28" West, a distance of 200.99 feet for a corner of this tract; THENCE South 28°59'49" West, parallel to the centerline of Ayers Street thereof and 70.00 feet distant therefrom, measured at right angles thereto, 218.13 feet for a corner of this tract; THENCE South 57°41'14" West, parallel to the aforementioned North flared boundary line of Ayers Street thereof and 10.00 feet distant therefrom, measured at right angles thereto, 229.12 feet for a corner of this tract; THENCE North 61°31'11" West, along the aforementioned Northeast boundary of Saratoga Boulevard, 11.46 feet to the point of beginning. TRACT II: A tract of land containing 4.71 acres of land comprised of all of Lots 1 thru 7 and portions of Lots 8 thru 11, Block 11, Saratoga Place, a map of which is recorded in Volume 50, Page 141, Map Records of Nueces County, Texas and a portion of a dedicated public street as shown on said recorded map of Saratoga Place: BEGINNING at a point for a corner of this tract, from which corner the common front corner of Lots 8 and 9 bears North 00°00'59" West 20.61 feet to a point on the West boundary line of Ayers Street (State Highway 286), thence North 28°59'49" East, parallel to the centerline thereof and 60.00 feet distant therefrom, measured at right angles thereto, 27.73 feet; THENCE South 28°59'49" West, parallel to the centerline of Ayers Street thereof and 50.00 feet distant therefrom, measured at right angles thereto, 344.25 feet for the Southeast end of this tract and the point of curvature of a circular curve to the right whose radius point bears North 61'00'11" West 10.00 feet and which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent distance of 10.00 feet and an arc length of 15.71 feet; THENCE, with said circular curve to the right, 15.71 feet for the point of tangency; THENCE North 61'00'11" West, at 10.00 feet pass the Southeast end of Lot 1 and continuing with the South line of Lot 1, in all a distance of 400.00 feet for the Southwest end of this tract and the point of curvature of a circular curve to the right whose radius point bears North 28°59'49" East 10.00 feet and which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent distance of 10.00 feet and an arc length of 15.71 feet; THENCE. with said circular curve to the right, 15.71 feet for the point of tangency; THENCE North 28°59'49" East, with the West line of Lots 1 thru 10, a distance of 490.00 feet to the common rear corner of Lots 10 and 11 and for the Northwest corner of this tract; THENCE South 61°01'11" East, with the common line of Lots 10 and 11, a distance of 272.17 feet for a corner of this tract; THENCE, leaving said common line, North 89°59'06" East 58.59 feet for the Northeast corner of this tract; THENCE South 00°00'59" East, at 178.55 feet pass the West boundary line of Ayers Street, in all a distance of 199.16 feet to the point of beginning. LEASE AGREEMENT (Farming) -Klostermann Farms (23.099 acres) EXHIBIT A 3 TRACT III: A11 that certain, piece or parcel of land containing 8.199 acres, more or less, being out of Lots Three (3) and Four (4), Section Seven (7), BOIIEMIAN COLONY LANDS, and being more particularly described by metes and bounds as follows, to -wit: COIRIENCINC at the intersection of the northwest line of Block 6, Saratoga Place Subdivision, ae recorded in Volume 42, Page 142, Hap Records, Nuecee County, Texas and the northeast line of Saratoga Blvd. for the west corner of said Block 6, Saratoga Place Subdivision; THENCE, North 28 degrees 41' 30" East, 420.02 feet along the northwest line of Block 6, Saratoga Place Subdivision, said line also being the northwest line of Lot 4,. Section 7, Bohemian Colony Lando, to the west corner of said 97.555 acre tract; THENCE, South 61 degrees 51' 00" East, 686.03 feet along the northeast line of said Block 6, Saratoga Place Subdivision; THENCE, South 61 degrees 51' 00" East, 80.00 feet to a point on the northeast line of Block 7, Saratoga Place Subdivision, as recorded in Volume 43, Page 15, Deed Records, Nueces County, Texas; THENCE, South 61 degrees 51. 00" East, 1040.00 feet along the northeast line of said Block 7, Saratoga Place Subdivision; THENCE, South 61 degrees 51' 00" East, 80.00 feet to a point on the north line of a 12.764 acre tract of land as recorded in Volume 1604, Page 317, Deed Records, Nuecee County, Texas; THENCE, South 61 degrees 51' 00" East, 134.22 feet (132.22 feet as recorded in Volume 1604, Page 318, Deed Records, Nueces County, Texas) along the north line of said 12.764 acre tract to a point on a curve whose radial bears North 28 degrees 09' 00" East; THENCE, 29.92 feet along the arc of a curve to the left having a radius of 150.90 feet and a central angle of 11 degrees 21' 35" to a point on the a line 500.00 feet west of parallel to the projection of the centerline of Runway 17, NALF Cabanisa for the POINT OF BECINNINC of the 8.199 acre tract herein described; THENCE, North 00 degrees 20' 43" Nest, 889.22 feet along a line 500.00 feet west of and parallel to the projection of the centerline of Runway 17, HALF Cabanisa, to a point on a Sine 2500.00 feet north of and parallel to the north end of Runway 17, NALF Cabanisa; 7111110E, North 89 degrees 39' 17" East, 630.19 feet to a point on the northwest line of a 9.372 acre tract of land as described in Volume 1604, Page 317, Deed Records, Nueces County, Texan; THENCE, South 28 degrees 40' 00" West, 339.06 feet along the northwest line of said 9.372 acre tract to a point on a curve whose radial bears South 61 degrees 20' 00" East; THENCE, 15.71 feet along the arc of a curve to the left having a radius of 10.00 feet and a central angle of 90 degrees 00' 00", said 15.71 feet being along the southwest boundary line of said 9.372 acre tract, to a point of tangency; THENCE, South 61 degrees 20' 00" Beat, 400.00 feet along the southwest boundary line E said 9.372 acre tract to a point on a curve whose radial bears North 28 degrees 40' 00" East; THENCE, 15.71 feet along the are of a curve to the left having a radius of 10.00 feet and a central angle of 90 degrees 00' 00", said 15.71 feet being along the south boundary line of said 9.372 acre tract to a point of tangency on the northwest right- of-way line of Chapman Ranch Road; LEASE AGREEMENT (Farming) -Klosterman Farms (23.099 acres) 4 EXHIBIT f I LEASE AGREEMENT (Farming) -Kloatermann Farms (23.099 acres) Page 9 of 9 EXHIBIT B • That the foregoing ordinance w read for he first time and p sed to its second reading on this the %7- day of , 19 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance wa read for fyyesecond time and ssed to its third reading on this the day of S , 19 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the foregoing ordinanc on this the 27vi day of Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero W Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong read for the 1third time and passed finally , 191a , by the following vote: Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the ATTEST: ?l day of City Secretary APPROVED: _ d DAY OF ity Attorney THE CITY OF CORPUS CHRISTI, TEXAS 19387 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, }ss: AD# 68025 County of Nueces. 11 CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally came. ....... MURIEL LA RUE .., who being first duly sworn, according to law, says that he is the SENIflR..AI CIILLN�ZN ...Ci ERK 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 ,OST TEE..EXEC.UMTnN of which the annexed is a true copy, was published in CAT LFR-TT1RT PT�BLISIDIG_CO. on the 2.3 day of :LUNE..._ _ .___-. 19_ HF and once each Flair- thereafter far.__Qne consecutive day 417.ti. Times. ' a 5175 �%% MURIEL LA RUE Subscribed and sworn to before me this 26 t.11 .:_.day of JUNE 19,.. 86 __ /J J ARCELtA D. GUZMAN ,,t.ZA- 'Notary Public, State of Texa^ Notary Public, Nueceif County, Texas ;.4y Commission Expires 1.30. 0� NOTICE OF PASSNGE-Oh ORDINANCE ON FIRST READ EXECU- ION + OF . A LEASE GREEMENT FOR FARMING URPOSES WITH RAYMOND AND RONNIE KLOSTERMANN DBA 1P.LOSTERMANN FARMS FOR A 23099 ACRE TRACT OF LAND WHICH WAS AC- QUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT FOR A TERM OF THREE YEARS BEGINNING AUGUST 1, 1966 AND END- ING JULY 31,'1989. FOR A CONSIDERATION OF ONE FOURTH ('G) OF ALL COTTON AND SEED RAISED ON SAID LAND. OF WHICH LEASEE AGREES TO PAY THREE- FOURTHS (N) OF THE GIN- NING CHARGES ON AL COTTON GINNED AND CITY AGREES TO PAY ON FOURTH l%) OF SUCH GIN NING CHARGES; AND LESSE AGREES TO PAY A SHAR RENTAL OF ONE-THIRD (% OF GRAIN WITH A MINIMU JJ ANNUAL GUARANTEE 0 82000 PER. ACRE. Was passed and approv on first reading by the CLL Counci' oCity of Corpu Christi, Texas on Te 17th da of June, 1986 and the f text of said ordinance is avai able tb the public in the Offi of the City Secretary. (s/ Armando Chap City Secreta Corpus Christi. Texal PUBLISHER'S AFFIDAVIT STATE OF TEXAS, Iss: AN 26567 County of Nueces. CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public. this day personally MURIEL LA RUE SENIOR 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 ON SECOND READING AUTHORIZING THE EXECUTION, who being first duly sworn, according to law, sa of which the annexed is a true copy,CALLER-TIMES PUBLISHING CO. was published in on the 30 day of JUNE _.19 86.., and once each da1'_._..._..thereafter consecutive day one Times. 49.45 InTITEL LA RUE Subscribed and sworn to before me this...1st �ta9of • EDNAN S(SrpfER Corpus CLB15n-re.a....)- NOTICE OF PASSAGE OF OR- DINANCE ON SECOND READING AUTHORIZING THE EXECU- TION OF A LEASE AGREEMENT FOR FARMING PURPOSES WIJH.AAYMOND.. AND RONNIE KLOSTERMANN DBA KLOSTERMANN FARMS FOR A 23.099 ACRE TRACT OF LAND WHICH WAS AC- -QUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT FQR A TERM OF THREE YEARS BEGINNING AUGUST 1, 1986 AND END- ING JULY 31, 1989, FOR A CONSIDERATION OF ONE- „'rOURTH(5)OF ALL COTTON AND SEED. RAISED ON SAID LAND, OF WHICH LEASEE AGREES TO PAY THREE- FOURTHS (3/4) OF THE GIN- � .— 7 ` NING CHARGES ON ALL 2 COTTON GINNED AND CITY 1. AGREES TO PAY ONE 20 FOURTH NTNGOF SUCH GIN- li . AGR CHARGES; AND LESSEE AGREES TO PAY A SHARE RENTAL OF ONE-THIRD (1/3) CE 1 OF GRAIN WITH A MINIMUM ANNUAL GUARANTEE OF $2000 PER ACRE.9 Was passed and approved LU 1 �`� by the City Council on second �Cp. reading) on June 24, 1986. sQ he full text of said ordinance - - 9tig� s available to the public in the -= L . fj. Office of the City Secretary. A/ /s/ Armando Chapa d City Secretary t Corpus Christi, Texas OTICE OF PUBLIC HEAR- _4 rc r cwcrMo-=,.........`_,