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Home My WebLink About20037 RES - 10/27/1987A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE ON COASTAL PUBLIC LANDS FROM THE TEXAS GENERAL LAND OFFICE AND THE SCHOOL LAND BOARD FOR 17.95 ACRES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a lease on Coastal Public Lands from the Texas General Land Office and the School Land Board for 17.95 acres, all as more fully set forth in the lease, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: MAY APPROVED:A..7-- DAY OF l� , 19 J'7 HAL GEORGE, CITY ATTORNEY By 416f - Assistant Cittoptorney 2O4BCOO4.RES THE CITY OF CORPUS CHRISTI, TEXAS 20037 1411cRVILS ® ustin, Zt*Jt• • LEASE ON COASTAL PUBLIC LAND STATE OF 'TEXAS § COUNTY OF NUECES - § LEASE NO. CL -87-010 KNOW ALL MEN BY THESE PRESENTS: "(1) By virtue of the authority granted by Section 33.105 et. 'seg. the Natural Resources Code of Texas, and upon the conditions stated, the STATE OF TEXAS, hereinafter called Lessor, hereby leases to"the"City of Corpus Christi, whose address is 302 S. Shoreline, P.O.. Box 9277, Corpus Christi, Texas, 78469-9277, hereinafter called Lessee„ a lease for the purposes of constructing, using, and maintaining a public roadway and public parking area upon coastal public land in Nueces County, Texas, described as follows: 17.95 acres of land out of a portion of Padre Island as shown on the Blucher and Naismith Survey and recorded on a map prepared by Blucher and Naismith Inc., June 15, 1951, in Volume 4, Page 59 of the Miscellaneous Map Records of Nueces County, Texas, (Description compiled from an uncertified survey map prepared by Urban Engineering dated September ,10, 1985) and more particularly described as Tract A-1 in Exhibit A and Exhibit B, which are attached hereto and incorporated herein for all purposes. (2) This lease is expressly conditioned upon Lessee annexing the land described above (the premises) within its corporate boundaries before December 31, 1987, and shall not become effective until the annexation becomes effective. Lessee shall submit to Lessor a certified copy of the ordinance annexing the premises. (3) This lease shall be for a period of thirty (30) years beginning on the effective date of annexation. (4) As consideration for the granting of this lease, Lessee shall pay to the commissioner of the General Land Office the sum of Five and 00/100 Dollars ($5.00), payable upon execution. (5) The road shall be constructed in such manner as to meet actual standards for construction as required by the Lessee's standards and ordinances for dedicated roadways. The road may not extend outside of the area described as Tract B in Exhibit C and shown by plat in Exhibit D, both of which are attached hereto and incorporated herein for all purposes. (6) The parking area may not be constructed of asphalt, concrete, or any impervious material, but shall be composed of stabilized sand of such a nature that it will not adversely affect the natural dynamics of sand transport and sediment budget of the beach. The parking area may not extend closer than one -hundred fifty feet (150') to the line of mean high tide, and should the line of mean high tide be extended landward by beach erosion or otherwise, lessee shall promptly destroy any parking area within one hundred fifty feet (150') of that line and return it to its natural condition. .(7) The road and parking area must be constructed in such manner as to be reasonably passable under most expected weather conditions. The• area must be terraced and graded, and embankmentsconstructedin such manner as to prevent significant damage in normal rainfall. Lessee shall vegetate areas adjacent to the road that 'are susceptible to erosion. Lessee shall promptly repair any condition arising that is hazardous to usual traffic. All construction and maintenanceshall be at Lessee's sole expense. (8) Lessee shall confine all vehicular traffic to those parts of the premises covered by the road and parking area and shall not allow vehicular access to dune or vegetation areas on the premises. To restrict vehicular traffic, Lessee may place bollards or similar devices around the road and parking area, but may not erect any continuous walls, bulkheads or other obstructions in violation of the Open Beaches Act. (9) Subject to the approval of the School Land Board, Lessee may enter into contracts and franchise agreements covering the premises to promote public recreation. As additional consideration for this lease, Lessee shall pay Lessor twenty-five per cent (25%) of the gross revenues Lessee derives from such contracts or franchise agreements. However, no contract or franchise agreement may authorize any commercial activity within three hundred feet (300') of privately owned littoral property without the written consent of the property's owner. Furthermore, no contract or franchise agreement may allow or authorize a violation of the Open Beaches Act or any other applicable law. (10) This lease is for the purposes specifically set out herein, and Lessee may not conduct any other activity or construction on the premises without the prior written approval of the School Land Board. Lessee may not alter or construct dunes on the premises without the proper permits and without the prior written approval of the School Land Board. (11) Lessee may not sublease or assign any interest under this lease without the prior written approval of the School Land Board. (12) Lessee shall use the highest degree of care and take all necessary actions to prevent litter, trash, or pollution on the premises and surrounding areas. Lessee shall keep the premises and surrounding area free from litter, trash, and pollution. (13) Lessee shall indemnify and hold harmless Lessor against any liability for damages to any person or property arising from the occupation and use of the premises. Specifically, but without limiting the above, Lessee shall indemnify and hold harmless Lessor from any liability resulting from injury to any person or property resulting from Lessee's failure to adequately maintain the premises in a safe condition. (14) Lessor reserves to itself, its successors and assigns, the right to use 'the road and parking area and the remainder of the land described herein at all times in common with Lessee. (15) This lease may be amended in writing and signed by both parties. (16) In the event that Lessee is in breach of any condition set forth herein, the commissioner of the General Land Office shall have the right, at his option, to forfeit this agreement and all rights inuring to the Lessee herein, by sending written notice of such forfeiture by certified United States mail to the last known address of Lessee. Upon sending of such written notice this agreement shall terminate and all rights granted herein to Lessee shall revert to the State of Texas (subject to reinstatement by the School Land Board, at its option) and such forfeiture and termination shall not prejudice the rights of the State of Texas for any claim against Lessee. L��""se� Entered into this 4Ya, day of (,RPh/ , 1987. ASSET MGMT V. LEGAL E. INVENTORY CHIEF CLERK STATE OF TEXAS COUNTY OF TRAVIS § STATE OF TEXAS rry Ma +ro Commissioner of the General Land Office and Chairman of the School Land Board CITY OF CORPUS CHRISTI Craig A. McDowell City Manager h's instrument was acknowledged before me on 9i 7987 by Garry Mauro as Commissioner of the Texas General Land Office of The State of Texas. ADELA,6o5QJEZ-- STATE OF TEXAS COUNTY,OF TRAVIS Nota'ry Public fthin nd for the State of Texas My commiss on expires: 17- aa- 4fo § § § This instrument was acknowledged before me on by Craig A. McDowell, City Manager of the City of Corpus Christi. Notary Public within and for the State of Texas My commission expires: 4421 fig Glee[. J/, erne /TGANON / Acee x0 % vee. IJ ....CGS /-a . / NutcPJ eOONre NA/RPNApl /y T \PLACE aF GanHGNG/NG j\ l/ 00'44'0a-6. sap' e c,\ n 1/14'/J/7o"E /JG7 V1 /.1A PIACI' at ACG/NN/NG n 0 'V C7 M777 s/d'/I.A. • x. 6}/ IJe L/', o0° 004 h`7 `AT a00. a 0T. 5'° of, 3 F w LOCAT/ON MAP L/NC pP 7.7N Al/Si/ ;WC ELCVA7767/- 2J7' FEET Aaove HEAR/ SEA LLve1 U 5. C. 4' G.S. DATUM .AIMG 7 ALL SURVEY F fCFENCCS ARG PROM Sufvvy MAP PREPARED DY ERDAN Ella/NEERINa oN 9//0/.05 l!/rdaar CEEY/f/CAYIDN BY .CCG/STEFEO FIRSL/C SURVEYO.e. a'r 7/J Y/!C 600:0114 9cAl.E ItJ fT gaa1 0 SNIUDI,14O8ELEY ANO ASSCC ATE7 ENOINEENS ♦ CO00LTANTS Capes Chum Trona 1zac7 Lots.; log 1,%u• 2"1 •N6054 0 OWG Extiibl+ 8 METES AND BOUNDS DESCRIPTION TRACT A-1 (SOUTH OF SEAWALL) JUNE 18, 1987 FIELD NOTES: 17.95 acres of land out of a portion of Padre Island as shown on the Blucher and Naismith Survey and recorded on a map prepared by Blucher and Naismith Inc., June 15, 1951, in Volume 4, Page 59 of the Miscellaneous Map Records of Nueces County, Texas, (Description compiled from an uncertified survey map prepared by Urban Engineering dated September 10, 1985) and more particularly described as follows: COMMENCING at the southeast corner of Lot 20A, Block 31, Padre' Island Number 1 recorded in Volume 13, Pages 1 through 8 of the Nueces County Map Records, same point being the intersection of the north right of way line of the 50 feet wide Viento Del Mar Drive and the west right of way line of the 50 feet wide Aldama Avenue; THENCE south 00° 44' 00" west 50.00 feet to a point of the south right of way line of Viento Del Mar Drive, same right of way line being the north boundary of Nueces County Park Number 1; THENCE south 89° 16' 00" east 934.95 feet along the north boundary of Nueces County Park Number 1 to the PLACE OF BEGINNING; THENCE north 24° 21' 00" east 1369.16 feet to the north corner of this tract; THENCE south 65° 48' 00" east 629.49 feet to a point on the Line of Mean High Tide Elevation 1.37 feet above mean sea level U.S.C. & G.S. Datum 1927 and east corner of this tract; . THENCE, with. the said Line of Mean High Tide Elevation, the following three courses: south 23° 29' 25" west 393.99 feet; south 24° 21' 00" west 400.00 feet; and, south 23° 29' 25" west 297.13 feet to the south corner of this tract; THENCE, leaving the said Line of Mean High Tide Elevation, north 89° 16' 00" west 698.35 feet to the PLACE OF BEGINNING. METES AND BOUNDS DESCRIPTION TRACT B (EASEMENT FOR WHITECAP BLVD. WITHIN STATE TRACT A-1) JUNE 18, 1987 FIELD NOTES: 1.10 acres of land out of a portion of Padre Island as shown on the Blucher and Naismith Survey and recorded on a map prepared by Blucher and Naismith Inc., June 15, 1951, in Volume 4, Page 59 of - the Miscellaneous Map Records of Nueces County, Texas, (Description compiled from an uncertified survey.map prepared by Urban Engineering dated September 10, 1985) and more particularly described as follows: COMMENCING at the southeast corner of Lot 20A, Block 31, Padre Island Number 1 recorded in Volume 13, Pages 1 through 8 of the Nueces County Map Records, same point being the intersection of the north right of way line of the 50 feet wide Viento Del Mar Drive and the west right of way line of the 50 feet wide Aldama Avenue; THENCE south 00° 44' 00" west 50.00 feet to a point of the south right of way line of Viento Del Mar Drive, same right of way line being the north boundary of Nueces County Park Number 1; THENCE south 89° 16' 00" east 934.95 feet along the north boundary of Nueces County Park Number 1 to the west corner of tract A; THENCE north 24° 21' 00" east 1229.16 feet, also being the west • boundary line of tract A to the POINT OF BEGINNING of this tract; THENCE north 24° 21' 00" east 60.00 feet to a corner; THENCE south -63 59' THENCE south 24° 21' THENCE north 63° 59' THENCE north. 24° 53 curve to the left; 46" east 500.00 feet to a corner; 00" west 160.00 feet to a corner; 46" west 180.00 feet to a corner; ' 30" east 80.00 feet to the beginning of a THENCE along said curve to the left having a central angle of 910 06' 44", a radius of 20.00 feet a distance of 31.80 feet. THENCE north 63° 59' 46" west 300.00 feet to the POINT OF BEGINNING, and containing 1.10 acres more or less. i 14E4'21 ' co l' GO. C " poii.17 OP p G-IIIJh11IJcj TRA T P� ExtiAbit 0 n � 30 'g \ T\� TRt\CT 13 11' = Zoo' 99.066.01 Corpus7LV Christi, Texas/, 02 / day of ��t..- 3-t. t� , 1987 The above resolution was passed by the following vote: Betty N. Turner,( David Berlanga, Sr. r� ,, am' l"' Leo Guerrero !vv— Frank MendezCL4/4. Clif Moss 41.1/11 Bill Pruet Mary Rhodes 1_9 Mary Pat Slavik Cit•Ii-- Linda Strong Qom,/, 20037