HomeMy WebLinkAbout19958 ORD - 09/01/1987AN ORDINANCE
AUTHORIZING THE EXECUTION OF A THREE YEAR GRAZING LEASE
AGREEMENT WITH ARLAN BRUNE AND GARY CLANTON FOR A 3.9 ACRE
TRACT OF LAND LOCATED OFF HEARN ROAD.
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 grazing lease agreement with Arlan Brune and Gary Clanton for a
3.9 acre tract of land located off Hearn Road which was acquired by the City in
1970 for the Greenway Water Line Easement, all as more fully set forth in the
grazing lease agreement and agricultural water use covenant, substantial copies
of which are attached hereto and made a part hereof, marked Exhibits "A" and "B"
respectively.
06P.056.01
1995$ MICROFILMED
THE STATE OF'TEXAS
COUNTY OF NUECES
X
GRA Z I N G LEA S E
THIS AG'iEEMENT, made and entered into this the
1st. day of May
1987 by and between the City of Corpus Christi, Texas, a municipal corporation,
hereinafter called "City", and Arlan Brune and H. Gary Clanton,
Nueces County, Texas, hereinafter called "Lessee".
W ITNESSET H:
The City of Corpus Christi, does by these presents lease and demise unto
the said
Arlan Brune and H. Gary Clanton
premises, to -wit:
the following described
See Page 117
For a term of three (3) years beginning May 1, 1987 and ending on
April 30, 1990 , 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: L /8
City of Corpus Christi
Property and Land Acquisition Division
1801 N. Chaparral Street
Corpus Christi, Texas 78401,
"Grazing Lease"
Hearn Rd. [3.9 ac]
[Brune/Clanton]
Page 1 of 8
and to the attention of Roman Herrera, 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.
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
"Grazing Lease"
Hearn Rd. [3.9 ac]
[Brune/Clanton]
Page 2 of 8
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
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 orders 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.
"Grazing Lease"
Hearn Rd. [3.9 ac]
[Brune/Clanton]
Page 3 of 8
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:
City of Corpus Christi
Property & Land Acquisition
1801 N. Chaparral Street
Corpus Christi, Texas 78401
Arlan Brune and H. Gary Clanton
4005 Richwood
Corpus Christi, Texas
78410
19. ALL COSTS OF PUBLICATION OF NOTICE OF THIS LEASE AS REOUIRED
BY THE CITY CHARTER SHALL BE PAID BY LESSEE.
"Grazing Lease"
Hearn Rd. [3.9 ac]
[Brune/Clanton]
Page 4 of 8
20. Lessee agrees to pay in full, before they become delinquent, all taxes,
assessments and liens whatsoever, which may be levied, assessed, charged or
imposed upon the lease premises, or any part thereof, at any time during the
term of this lease.
21. By Lessee's execution hereof, Lessee acknowledged 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.
"Grazing Lease"
Hearn Rd. [3.9 ac]
[Brune/Clanton]
Page 5 of 8
WITNESS the execution hereof in duplicate originals, each of which is to
be considered as an original, this the day of
198 .
THE CITY OF CORPUS CHRISTI, TEXAS
By:
Craig A. McDowell
CityManager
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM THIS r Y OF
By:
LESSOR
HAL GEORGE, CITY ATTORNEY
R.W. Coffi
Assistant City . 7.rney
Arlan Brune
LESSEES
"Grazing Lease"
Hearn Rd. [3.9 ac]
[Brune/Clanton]
Page 6 of 8
, 1987.
H. Gary C1anEon
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the
day of , 19_ by Craig A. McDowell, City Manager
of the City of Corpus Christi, Texas, a municipal corporation, on
behalf of said municipal corporation.
Notary Public in and for the State of Texas
[NOTE] [please print,
type or stamp
name + expira-
tion date of
notary below.]
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the
day of 17.t;/'ei , 1987 by Arlan Brune and H. Gary Clanton.
,4- ia,v / A -( --"
Notary Public in and for the State of Texas
ROMAN BARRERA
Notary Puttiic it and for tFe Slat% !f TeXa
My Commission Expire 5�t1
"Grazing Lease"
Hearn Rd. [3.9 ac]
[Brune/Clanton]
Page 6a of 8
[NOTE] [please print,
type or stamp
name + expira-
tion date of
notary below.]
(Greenway Water Line Easement between Hearn Rd & Magee Ln)
•
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. 55° 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 moat 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. 34° 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.
"Grazing Lease"
Hearn Rd. [3.9 ac]
[Brune/Clanton]
Page 7 of 8
ro - x
w 03 D G1
w n w
m c n w
O 0 N
o•
n• aw
007 - m
n w
O • Co
O ‘.O m
u 'w
»; ;/ nor/ cr/y cor. 30/7c.
\ Tin_i oS 4-4ovin by [Are,. r=c.
/n Uo% 270 p.9.5 B, .✓.C. T. O. Q,
(557-Ja't O'ed,
5.55• D9' .37".a
Pard A/a. io -a
Joe C. r3:c,Ehom
fi rco ' 3.937 fl«es
AGRICULTURAL WATER USE COVENANT
THE STATE OF TEXAS X
COUNTY OF NUECES
This covenant and agreement made and entered into in duplicate
originals by and between Arlan Brune and Gary Clanton
hereinafter called "LESSEE", and THE CITY OF CORPUS CHRISTI, TEXAS, a
home rule city of more than 200,000 population, a municipal corporation
and body politic duly organized and existing under the laws of the
State of Texas, situated in Nueces County, Texas, hereinafter called
"CITY", for and in consideration of the exchange of mutual covenants
and conditions herein contained on the part of Lessee and City to be
kept and performed, the parties do hereby covenant and agree as
follows, to -wit:
I
That Lessee is the Lessee of all the following described property
located in Nueces County, Texas, situated inside the corporate limits
of the City, generally delineated on the map attached hereto and marked
"Exhibit A", and being more particularly described as follows, to -wit:
See Page 2
"Agricultural Water Use Covenant"
Hearn Rd [3.9 ac]
[Brune/Clanton]
Page 1 of 7
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. 570 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. 370 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. 550 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. 34° 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.
"Agricultural Water Use Covenant"
Hearn Rd [3.9 ac]
[Brune/Clanton]
Page 2 of 7
II
The City has agreed to furnish Lessee water service to the above
described property upon terms and conditions promulgated by the City
pursuant and subject to Ordinance Number 11139, City of Corpus Christi,
which are by this reference incorporated herein and made a part hereof
for all purposes, and further conditioned on Lessee's compliance there-
with and current payment of all charges due therefor under the City's
established rates for such water service.
III
Lessee hereby expressly covenants with City, as a covenant running
with the land and binding upon his (her's)(their) heirs, successors and
assigns, and as a guarantee to the City, that the water furnished here-
under is for agricultural use only and in the event such use is sub-
stantially discontinued for a period of nine (9)'months, less the time
such property is subjected to a natural disaster, if any, the use of
City water on said property shall be discontinued and said water service
shall be terminated. In no event shall said water be used for other
than agricultural purposes.
IV
That in further consideration of the rights herein granted to
Lessee by the City, the Lessee hereby covenants and agrees that said
tract of land described hereinabove is being used and will continue to
be used for agricultrual uses.
"Agricultural Water Use Covenant"
Hearn Rd [3.9 ac]
[Brune/Clanton]
Page 3 of 7
V
All connections to the City water system shall be subject to the
same rules and regulations regarding standards of installation and dis-
connections for failure to pay charges, as other consumers within the
City limits.
VI
The terms and conditions of this agreement shall constitute a
covenant running with the land and shall be binding upon all successors,
heirs and assigns of said Lessee and said covenant shall be recorded in
the Deed Records of the county in which the majority of the area of
said property is situated.
"Agricultural Water Use Covenant"
Hearn Rd [3.9 ac]
[Brune/Clanton]
Page 4 of 7
WITNESS OUR HAND, this the day of
19
By:
By:
CITY OF CORPUS CHRISTI, TEXAS
Craig A. McDowell
City Secretary
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
City Secretary
APPROVED AS TO LEGAL FORM THIS THE DAY OF
HAL GEORGE, CITY ATTORNEY
By:
Assistant City Attorney
, 19
Arlan Brune Gary Clanton'
LESSEE
4005 Richwood
Corpus Christi, Texas 78410
Lessee's Address
"Agricultural Water Use Covenant"
Hearn Rd [3.9 ac]
[Brune/Clanton]
Page 5 of 7
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the
day of , 198_ by Craig A. McDowell, City Manager of
the City of Corpus Christi, Texas, a municipal corporation, on behalf
of said municipal corporation.
Notary Public in and for the State of Texas
[NOTE] [please print,
type or stamp
name + expira-
tion date of
notary below.]
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the
day of , 198_ by Arlan Brune and Gary Clanton.
Notary Public in and for the State of Texas
[NOTE] [please print,
type or stamp
name + expira-
tion date of
notary below.]
"Agricultural Water Use Covenant"
Hearn Rd [3.9 ac]
[Brune/Clanton]
Page 6 of 7
z
0.
• „.
v /
"Agricultur,e1 Water ii„,
Hearn Rd [3:9, ac] /,/
[Brune/Clanton '
Page 7 of 7
That the foregoing
second reading on
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
ordinance was read for the first time and passed to its
this the day of (;),il1 , 19 ff7 , by the
That the foregoing ordinance vas read
third reading on this the // day
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
That the
this the
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
for the second time and passed to its
of aut , 19 7, by the
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
(674
foregoing ordin ce as read or the third time and passed finally on
/Ji4 day of Q 4,101_011), 19Q7 , by the following vote:
Betty N. Turner
David Berlanga, Sr.
,
Leo Guerrero a,Qtg-ellt
Frank Mendez
PASSED AND APPROVED, this the f .4
ATTEST/ T:
City Secretary
APPVED:
J7 _DAY OF
HAL GEORGE, CITY TORNEY
By
Assistant Cit /A# orney
99.044.01
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
aiyo
day of 1e0�e0 , 19 o%
Jrxtfrz
THE CITY OF CORPUS CHRISTI, TEXAS
19958
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, tss: Al) # 64939
County of Nueces. .1 CITY OF C .C.
^GAIL STONE
Before me, the undersigned, a Notary Public, this day personally came
., who being first duly sworn, according to law, says that he is the
ACCOijNTING 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 # 19958 AUTHORIZING THE EXECUTION OF A THREE YEAR GRAZING
CALLER TIMES PUBLISHING COMPANY
of which the annexed is a true copy, was published in
on the._..6 _ day of September
consecutive. daY
19..87., and once each_ day thereafter for one
one Times.
$-- 2$_.7.5
GAIL STONE
Subscribed and sworn to before me this...6 day pL...Seprember 19...82
mss..
Notarylic, Nueces County, Tex
EUGENIA S. CORTEZ 6.30.89
AUTHORIZING THE EXECU-
NOTICE OF PASSAGE OF -
ORDINANCE # 19958
TION OF A THREE YEAR
GRAZING LEASE AGREE-
MENT WITH ARLAN BRUNE
AND GARY CLANTON FOR A
3 9 ACRE TRACY OF LAND
LOCATED OFF HEARN ROAD,
for a term oTMthreo years be-
ginning Maq"9, '1987 and
ending an Apnl 30, 1990 for
a rental M 550 00 per month
for the term of this lease
Was passed and approved
on Third Reading by the Coy
Council of the City of Corpus
Christi, Texas on the 1st day
of September, 1987 and the
full text of said ordinance is
available to the public In the
Office of the City Secretary.
/s/ Armando Chapa
City Secretary
Corpus Christi, Texas
PUBLISHER'S 'AFFIDAVIT
STATE OF TEXAS, }ss: AD #60413
County of Nueces. CITY OF C . C .
Before me, the undersigned, a Notary Public, this day personally came
c IRISYAP, 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 ON SECOND READING AUTHORIZING THE EXECUTION
of which the annexed is a true copy, was published in CALLER TIMES PUBLISHING COMPANY
on the1 C..111_ day of 6.MUS2 19..B.2., and once each._... day ._ thereafter for .ons
consecutive day
one
Times.
IRIS YAP
Subscribed and sworn to before me thiel9 th da of AUGU,S.T. 19 87
Public, Nueces County, exas
EUGENIA S. CORTEZ 6.30.89
TICE OF PASSAGE OF
ORDINANCE ON
SECOND READING
AUTHORIZING THE EXECU-
TION OF A THREE-Y,EAR
GRAZING LEASE AGREE-
MENT WITH ARLAN BRUNE
AND GARY CLANTON FOR A
3.9' ACRE TRACT OF LAND
LOCATED OFF HEARN ROAD,
for a term of three years be-
ginning May, 1987 and
ending on 'Apra 30, 1990 for
a rental of 950 00 par month
for the term of this lease. t'
* Was passed and approved
on second reading by the City
Council of the City of Corpus
Christi, Texas on the 11th day
of August, 1887 and the full
text of said ordinance is avail-
able to the public In the Office
of the City Secretary.
/a/ Armando Chapa
City Secretary
Corpus Christi, Texas
' 4~s"
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, }ss: AD# 37920
County of Nueces. 1 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
SFNTOR..ACCAUNTING..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 DERIZI.N.CE..DN. FTRCT..gE,ADING..AIIT.HORSZIN6-Td]l;-•Fs,6FKUI'ION•-OF-•A-• file -•—
of which the annexed is a true copy, was published in CALLER -TIMES PURI JSMIEG G.QMEANY.
on the 2nd day of: ...... __..__. 19.82.., and once each. dzg- thereafter for one
consecutive day
-01443 Times.
$ 29.90
MURIEL LA RUE
Subscribed and sworn to before me this 24th_.._ -day of
.AUGUST
19.._8
otet°y Public, Nueces Coun Texas
EUGENIA S. CORTEZ 6-30-89
n 371Oi7j`\
V i Yr
K !\
(r:7
1 c Cr -us
Los nG
�qt
NOTICE OF PASSAGE OF
ORDINANCE ON
FIRST READING
AUTHORIZING THE EXECU-
TION OF A THREE YEAR
GRAZING LEASE AGREE,'"
MENT WITH ARLAN BRUNE
AND GARY CLANTON FORM '
3 9 ACRE TRACT OF LAND
LOCATED OFF HEARN ROAD,
for a term Of three years'6,
ginning May 1, 1987 afidl
ending on April 30, 1$90 Port'
a rental of $50 00 per month
for the term of this lease.,
Was passed and approved
n first reading by the Ctiy
Council of the City of Corptis-
Chnsti, Texas on the 28th,day
of July, 1987 and the full text
of said ordinance is available
to the public In the Office of
the City Secretary.
/s/ Armando Chapa
• `City Secretary
Corpus Christ, Texas