HomeMy WebLinkAbout020150 ORD - 01/05/1988AN ORDINANCE
AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT WITH
ROBERT A. ROTH DBA SUNRISE BEACH ON A 45 -ACRE TRACT OF LAKE
CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
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
ten-year lease agreement with Robert A. Roth dba Sunrise Beach on a 45 -acre
tract of Lake Corpus Christi Reservoir land for recreational purposes, 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.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it
shall not affect any other section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of
the City of Corpus Christi as required by the City Charter of the City of Corpus
Christi.
204BC044.ord
26150 MICROF1LMED
THE STATE OF TEXAS §
COUNTY OF SAN PATRICIO §
THIS AGREEMENT, made and entered into by and between the CITY OF
CORPUS CHRISTI (hereinafter referred to as "City") and ROBERT A. ROTH,
individually and dba SUNRISE BEACH, with his office and principal place
of business in Mathis, San Patricio County, Texas (hereinafter referred
to as "Lessee");
WITNESSETH:
I.
1. PREMISES
For and in consideration of the rents herein reserved and the
full and faithful performance by Lessee of all terms, provisions,
conditions and covenants hereof, City has leased, demised and rented,
and by these presents does lease, demise and rent unto Lessee all
of the following described property, together with the improvements
located thereon, situated in San Patricio County, Texas, and being
more fully described as follows:
See Exhibit A attached hereto for metes
and bounds description of leased tract accor-
ding to description made from field notes
of survey by the City of Corpus Christi
and filed with the office of the City
Secretary with this lease.
In addition thereto, Lessee is hereby granted an easement for
the purpose of laying, maintaining, and operating a sewage septic
system from the above-described leased property onto the following
described leased property, provided, however, it shall be laid and
maintained so as not to interfere with the use of the presently exis-
ting pit on said easement premises, to -wit:
See Exhibit B attached hereto for metes
and bounds description of easement premises.
Lessee shall further have the right to clear brush and rebuild
fences at Lessee's expense on the easement property and adjacent
to the roadway entrance to the leased premises so as to create an
attractive entrance to the leased premises, but in a way so as not
to interfere with the City's use of such property. Use by Lessee
of existing water wells on the leased premises shall be at the dis-
cretion of the City. If new wells are required, they shall be at
Lessee's expense.
1
This lease is made subject to all valid oil, gas, and mineral
leases and all pipeline transmission and all other right-of-ways
and easements of record affecting the property. City reserves the
right to lease the demised premises for oil, gas and other mineral
exploration and production, but in so doing shall not unreasonably
interfere with Lessee's intended use of the surface.
City agrees that Lessee shall have, as to the premise herein
leased, the right of access to Lake Corpus Christi along the area
where the tract is bounded by the contour line of the 94 -foot ele-
vation. Without intending any limitation on the foregoing, it is
understood that Lessee shall have the right of access to and from
the premises herein leased to the said reservoir on, over and across
the lands of City below the contour line of the 94 -foot elevation
to whatever level the water of the reservoir may be from time to
time and at all times during the existence of this lease or extension
thereof.
Lessee shall and does assume the sole responsibility for the
entire cost and construction of any and all improvements Lessee shall
require for the proper operation and enjoyment of the demised premises
for the purposes herein leased.
It is understood by and between the parties hereto that, if
Lessee shall obtain a loan to finance the construction of improvements
on the above-described premises and will secure same by a lien against
said improvements and its leasehold interest herein granted, and
City hereby agrees that Lessee's mortgagee's lien against said improve-
ments shall be prior to City's Landlord's lien; and Lessee being
in default, said mortgagee may foreclose its lien against Lessee's
improvements and at its option remove same from City's premises,
subject to the limitations on removal set out in Article IV, item
6, of this lease, or mortgagee may assume Lessee's obligations under
this lease as under an assignment from Lessee.
2. TERM
This lease is to be for a primary term of ten (10) years, said
term to commence upon the date Lessee signs and acknowledges this
lease agreement as evidenced by the notary's date of acknowledgment
of Lessee's signature.
3. RENTAL
In consideration for this lease, Lessee promises and agrees
to pay to Lessor, in lawful money of the United States of America,
a fixed or guaranteed monthly land rental of Three Hundred Fifty
and No/100 ($350.00) Dollars, such monthly rental to be paid quarterly
in advance on or before the fifteenth day of the first month of the
next succeeding quarter for the term of this lease.
2
In addition to the guaranteed monthly rental, Lessee shall,
within fifteen (15) days of the end of each quarterly period this
lease is in effect, including any renewal term, pay a rental bonus
consisting of the amount by which two (2%) percent of Lessee's gross
receipts from the premises exceeds the guaranteed monthly land rental
of Three Hundred Fifty and No/100 ($350.00) Dollars or such lesser
amount as actually paid. Any credit for improvements allowed shall
not be considered as actually paid.
Lessee shall be allowed a seventy-five (75%) percent credit
against the guaranteed monthly land rental for the sum expended for
improvements to the extent same are completed. It is expressly agreed
and understood that said seventy-five (75%) percent shall apply only
to those improvements and installations placed on said premises which
are returnable to the City under Article IV, item 4, of this lease
and are listed as follows:
(1) The water system, including any well or wells serving the
system.
(2) The sanitary system, less the cost of the showers and rest-
room facilities.
(3) The electrical distribution system.
(4) The road, not including boat launching ramps.
(5) Selective clearing and landscaping at a cost not to exceed
$100.00 per acre.
(6) Fences.
The credit for improvements shall be allowed only during the
first five years of this lease.
All rental payments shall be made to City at the following
address:
Director of Finance
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
or at such address as shall from time to time be agreed upon in writing
between the parties hereto.
1. USE
II.
a. The premises herein leased are to be used and occupied during
the full term of this lease for the operation of a campground and
related activities normal and customary to such business.
b. Such campground shall be operated as a public accommodation
at all times, without any limitation as to race, creed, color, or
other unreasonable limitation or private membership requirement,
at nondiscriminatory rates, which shall be prominently posted on
the campground.
c. Lessee agrees to maintain a buffer zone separating the leased
premises and the property owned, leased, or used by the Girl Scouts
of America;
Said buffer zone shall consist of a strip of land at least two
hundred feet in width to be left in its present, natural, undeveloped
state;
Said buffer zone shall be maintained on the premises leased
pursuant to contract referred to above; and adjacent to the property
owned, leased, or used by the Girl Scouts of America, which property
is situated northwest of the leased premises.
2. DSE CONFLICT PROHIBITION
City does hereby expressly covenant and agree not to grant any
other lease permitting this use on any property within a radius of
two (2) miles of this location without affording Lessee herein an
option of first refusal to lease same upon substantially the same
terms as may be proposed.
1. SALE OF LAND
a. In the event City shall at any time during the term of this
lease decide to sell the leased premises, City shall promptly give
to Lessee written notice of the terms of such sale and Lessee shall
have the option and privilege of purchasing said premises at said
price and shall notify City in writing within thirty (30) days after
the date Lessee receives notice from City whether or not Lessee will
purchase said premises for the amount specified in said sales offer.
In the event Lessee shall not elect within said thirty -day (30) period
to purchase for the amount specified in said sales offer, City may
thereafter sell said premises to any other party for the same sum
or any greater amount, subject to the leasehold estate herein granted
to Lessee. If for any reason said premises are not sold at such
time, any subsequent sales offer shall be given to Lessee upon the
same terms and conditions for acceptance or refusal as hereinabove
provided.
4
b. If Lessee elects to purchase said premises under the procedure
prescribed hereinabove, City shall furnish an owner's title policy
of insurance covering said premises and shall convey same by general
warranty deed free and clear of any encumbrances, except as may be
assumed by Lessee.
2. RETAKING OF PROPERTY
a. City may retake the demised premises for any public purpose
for which condemnation of the leasehold estate may be had except
for the purpose for which it is developed by Lessee and without the
necessity of formal condemnation; provided, however, in such event,
if taken during the first five (5) years of the term of this lease,
Lessee shall be reimbursed by Lessor all rentals actually paid by
Lessee to City. Lessee shall also be entitled to reimbursement,
at any time during the primary term of this lease, for cost of its
improvements less depreciation at a rate of ten (10%) percent per
year. Any reimbursement for improvements to be reduced by any amount
previously allowed as a credit against rentals as set out in Article
I, "Rental" paragraph. Lessee shall provide to City's office, within
sixty (60) days of completion of any improvement, a statement indi-
cating the cost of the improvement, supported by sufficient records
to substantiate to Lessor's satisfaction the cost of the improvement.
Any improvement not so reported will not be considered for any re-
imbursement.
b. City may also partially retake a portion of the land for
utility easements or other public uses for both the City or other
public entities. When envoking the taking or granting of an easement,
the City shall not unreasonably interfere with Lessee's intended
use of the demised premises.
IV.
1. PEACEFUL ENJOYMENT
Lessee shall and may peacefully have, hold and enjoy the demised
premises, subject to the other terms hereof, and provided Lessee
pays the rentals herein recited and performs all of its covenants
and agreements herein contained.
2. PAYMENTS
Lessee shall pay all rents and sums provided to be paid to City
hereunder at the times and in the manner herein provided under Article
I, page 3.
3. UTILITIES
Lessee shall pay promptly, as same accrue, the costs of all
gas, electricity, water, heat or other utilities furnished to or
5
used by Lessee on the demised premises. Any lake water used shall
be under separate contract with the City and all bills will be due
when invoiced.
4. LESSEE'S MAINTENANCE
a. Lessee shall clean, landscape, and maintain the campground
in a manner in keeping with the natural terrain and growth, and shall
protect against erosion and excessive removal of natural growth,
but shall keep the area free from debris and refuse and in a clean
and sanitary condition at all times.
b. Lessee shall take good care of the property and suffer no
waste, and shall maintain all improvements and installations in good
condition during the term of the lease, and shall, at the end or
other expiration of the term, deliver the demised premises in good
order and condition, natural deterioration and damage by fire and
the elements only excepted, and upon such termination City shall
have the right to reenter and resume possession of the demised
premises.
5. ENTRY FOR INSPECTION
Lessee will permit City or its agents, employees or representa-
tives the right to enter into and upon any and all parts of the demised
premises at all reasonable hours to inspect the same, as City may
deem reasonably necessary or desirable.
6. IMPROVEMENTS
a. Lessee shall provide on such leased premises a good road
network, a boat ramp, a sanitary sewer system with restroom facilities
reasonably designed to accommodate the number of campers provided
for, an adequate electrical system, adequate drinking water, individual
campsites and picnic sites, nature trails, and concession buildings
so as to fully utilize the leased premises as a campground in keeping
with the protected terrain provisions of this lease.
b. All construction and repairs shall be in accordance with
recognized and acceptable safety, environmental and construction
procedures. Warning signs shall be posted on all piers and docks
prohibiting diving or swimming from the piers or docks. Signs shall
be maintained in good order and inspected by the City periodically.
c. Any physical additions, or other improvements, when made
to the demised premises by Lessee, shall remain Lessee's property,
and Lessee not being in default hereunder, may be removed as in
Lessee's opinion shall be necessary, regardless of whether or not
any such improvements shall have become permanently affixed to the
land. The water wells, sanitary and electrical systems, and the
campsite and road developments shall not be in any manner disturbed,
but shall be delivered up with the premises to City in good condition,
6
fair wear and tear and damage by fire and the elements only excepted.
7. ASSIGNMENT
This lease may be assigned with approval of City by Lessee and
shall inure to the benefit of their heirs, successors or assigns.
The City shall not withhold its approval without reasonable cause.
However, Lessee will not assign this lease or allow the same to be
assigned by operation of law or otherwise, or sublet the demised
premises or any part thereof, or use or permit the same to be used
for any other purpose than stated in the use clause hereof.
8. LEGAL USE
Lessee shall not occupy or use, or permit any portion of the
demised premises to be occupied or used for any business or purpose
which is unlawful in part or in whole or demand to be disreputable
in any manner, or in whole or in part a nuisance or extra hazardous.
9. LAWS AND REGULATIONS
Lessee will keep and maintain the premises in a clean and health-
ful condition and comply with all laws, ordinances, orders, rules
and regulations (state, federal, municipal and other agencies or
bodies having any jurisdiction thereof) with references to use, con-
ditions, or occupancy of the demised premises.
10. INDEMNITY AND LIABILITY
Lessee agrees to provide and keep current comprehensive general
liability insurance, with a contractual liability endorsement, and
property insurance in which the City is named as additional insured,
for the entire duration of the contract in the following amounts:
Single limit coverage for liability for
bodily injury or death to any one or more
persons per occurrence in the amount of
$1,000,000; and coverage for liability for
property damage per occurrence in the amount
of $100,000.
Lessee agrees to furnish to the City, and keep current, certificates
of all such insurance policies issued by a reputable insurance company
or companies which shall be licensed to do business in Texas, with
the City named as additional insured.
Lessee shall fully indemnify, save and hold harmless the City
of Corpus Christi, its officers, employees, and agents (hereinafter
"the Indemnitees") against any and all liability, damage, loss, claims,
demands and actions of any nature whatsoever on account of personal
injuries (including, without limitation on the foregoing, workers'
compensation and death claims), or property loss or damage of any
7
kind whatsoever, which arise out of or are in any manner connected
with, or are claimed to arise out of or be in any way connected with,
the performance of this Agreement, regardless of whether such injury,
loss or damage shall be caused by, or be claimed to be caused by,
in whole or in part, the negligence or other fault of the Indemnitees
or any of them. Lessee shall at its own expense investigate all
such claims and demands, attend to their settlement or other dispo-
sition, defend all actions based thereon and pay all charges of
attorneys and all other costs and expenses of any kind arising from
any such liability, damage, loss, claims, demands, and actions.
V.
1. TAXES AND ASSESSMENTS
a. 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 leased premises, or any part
thereof, at any time during the term of this lease.
b. City shall not be liable or responsible for any loss or
damage to any property or person occasioned by theft, fire, act of
God, public enemy, riot, strike, insurrection, war, requisition of
a governmental body or authority, or any other matter beyond the
control of Lessor.
2. ABANDONMENT
If the demised premises be abandoned or vacated by Lessee, City
shall have the right to relet the same for the remainder of the period
covered hereby, and if the rent received through such subletting
is not at least equal to the guaranteed rent provided for hereunder,
Lessee shall pay and satisfy any deficiencies between the amount
of the rent called for and that received through subletting.
3. RENEWAL OPTION AND HOLDING OVER
At the termination of the initian. ten (10) year term of this
lease, the City agrees to give the Lessee an option to extend this
lease for an additional five (5) year period upon the same terms
and conditions and at a rental to be negotiated at that time, and
at the expiration of such five-year extension, Lessee is granted
an additional option to extend this lease for a second additional
five (5) year period upon the same terms and conditions and at a
rental to be negotiated at that time provided, however, that Lessee
shall exercise such options by written notice mailed to City ninety
(90) days prior to the expiration of the then current lease term;
provided, however, City may decline to so extend such lease, if such
property is needed by City or other governmental body for public
purposes for which condemnation of the leasehold estate may be had
other than the purpose for which the property is developed by Lessee.
8
4. DEFAULT OF LESSEE
Default on the part of Lessee in paying the rental due hereunder
or any installment thereof as hereinabove provided, or default on
Lessee's part in keeping or performing any other term, covenant or
condition of this lease, shall authorize City at it's option at any
time after such default and after fifteen (15) days written notice
thereof to Lessee, to declare this lease terminated, and upon the
occurrence of any one or more of such defaults, City immediately,
or at any time thereafter, may reenter said premises and remove all
persons therefrom without legal process and without prejudice to
any of its other legal rights, and all claims for damages by reason
of such reentry are expressly waived, as also are all claims for
damages by reason of any distress warrants or proceedings by way
of sequestration which City may employ to recover said rents or pos-
session of said premises. City shall not have the right to declare
this lease terminated if, within fifteen (15) days after notice of
any default, Lessee fully cures such default.
5. ATTORNEY'S FEES
In case Lessee makes default in the performance of any of the
terms, covenants, agreements or conditions contained in this lease
and City places the enforcement of this lease or any part thereof,
or the collection of any rent due or to become due hereunder, or
recovery of the possession of the demised premises, in the hands
of an attorney, or files suit upon same, Lessee agrees to pay City
reasonable attorney's fees and payment of the same shall be secured
in a like manner as herein provided as to security for rent.
6. WAIVER
Failure of City to declare any default immediately upon occurrence
thereof or delay in taking any action in connection therewith shall
not waive such default, but City shall have the right to declare
any such default at any time and take such action as might be lawful
or authorized hereunder, either at law or in equity.
7. BANKRUPTCY
If involuntary bankruptcy proceedings be instigated by anyone
else to adjudge Lessee a bankrupt, or if execution be issued against
it, or if the interest of Lessee in this contract passes by operation
of law to any person other than City, this lease may at the option
of City be terminated by notice addressed to Lessee at the demised
premises and posted in the United States mail.
8. DEFAULT OF CITY
In case default shall be made in the performance of any covenant
or agreement herein contained on the part of City, and said
9
last-mentioned default shall continue for thirty (30) days after
notice in writing thereof by Lessee, its agent or attorney to Lessor,
or left at or mailed to Lessor at the address at which the rent is
then payable, then no rent shall be paid or become payable under
this lease for such time as such default shall continue after the
expiration of the said thirty (30) days notice, and Lessee at it's
option at any time during the continuance of such default after the
expiration of said thirty (30) days notice, may declare said term
ended and may vacate said premises and be relieved from all further
obligations under this lease, or Lessee may at its option at any
time during the continuance of such default after the expiration
of said thirty (30) days notice, pay any sum necessary to perform
any obligation of City's hereunder and deduct the cost thereof, with
interest, from the rents thereafter to become due hereunder. The
performance of each and every agreement herein contained on the part
of City shall be a condition precedent to the right of City to collect
rent hereunder or to enforce this lease as against Lessee.
A waiver by Lessee of any breach or breaches of any of the pro-
visions of this lease shall not be deemed a waiver of any subsequent
breach, and a breach shall be deemed a continuing breach as long
as the default continues.
Should the correction of any default reasonably require a period
exceeding thirty (30) days, Lessee is obligated to grant such reason-
able extension or such time as shall be required.
9. Any notices, demands, or citations under this lease may be served
personally on Lessee or City, or by Certified Mail, Return Receipt
Requested, addressed to Lessee at the demised premises and Lessor
at:
City of Corpus Christi
City Attorney
P.O. Box 9277
Corpus Christi, Texas 78469
The date of posting shall be the effective date of any such mailing.
10
YAssistant C torney
10. This agreement may not be altered, changed or amended, except
by instrument in writing, signed by both of the parties hereto.
Attest:
Armando Chapa
City Secretary
eerie, 44,4
Attest:
STATE OF TEXAS §
COUNTY OF NUECES §
City of Corpus Christi
By
Craig A. McDowell
City Manager
Sunrise B •'ac
By
obert A. Roth, Lessee
This instrument was acknowledged before me on
1987, by Craig A. McDowell, City Manager of the City of Corpus Christi,
a municipal corporation, on behalf of said municipal corporation.
Notary Public, State of Texas
My commission expires:
STATE OF TEXAS §
COUNTY OF NUECES. §
SAN tom- +Rcin
This instrument was acknowledged before me on /lffodp,n
1987, by Robert A. Roth individually dba Sunrise Beach.
e
9
Notary Public, State of Texas
My commission expires: -4/-
11
4903 AMBASSADOR ROW P. O. BOX 7596
STATE OF TEXAS
COUNTY OF SAN PATRICIO
FIELDNOTES for a
tract conveyed by the
as recorded in Volume
DMAVERICK
E GINEERING
Ce vNY
CORPUS CHRISTI, TEXAS 78415
July 31, 1972
EXHIBIT A
(512) 854-0281
Job No. 5363
24.953 acre tract, more or less, being a portion of a
City of Corpus Christi to the Lower Nueces Water District
203, Page 560, Deed Records, San Patricio County, Texas.
BEGINNING at a point in the projection of the north boundary line of a
17.92 acre tract of land shown by survey dated February 16, 1951, whence the
most northerly corner of said 17.92 acre tract bears N 25° 51' E 1,643.56
feet;
THENCE with the northeast boundary of this tract N 64° 09' W 882.57 feet;
S 23° 47' 56" W 192.02 feet; S 66° 12' 30" E 298.18 feet to the most easterly
corner of this tract;
THENCE with the southeast boundary of this tract S 06° 39' 40" W 28.70
feet; S 11° 19' 57" W 160.3 feet; S 08° 41' 32" W 260.45 feet; S 19° 41' 32"
W 726.78 feet; S 47° 01' 32" W 269.78 feet to the most southerly corner of
this tract, said point being in the contour line of the 94 foot elevation;
THENCE continuing with the contour of the 94 foot elevation as follows:
N 84° 08' 28" W 111.4 feet;
N 27° 28' 28" W 157.6 feet;
N 2° 38' 28" W 239.0 feet;
N 27° 41' 32" E 290.1 feet;
N 20° 29' 32" E 299.4 feet;
N 26° 33' 57" E 196.9 feet;
N 19° 06' 03" W 142.97 feet;
N 69° 25' 20" W 87.20 feet;
N 32° 45' 20" W 115.55 feet;
N 75° 35' 20" W 134.37 feet;
S 61° 34' 40" W 110.60 feet;
S 47° 14' 40" W 295.40 feet;
S 66° 14' 40" W 122.05 feet;
S 45° 04' 40" W 178.98 feet;
S 18° 04' 40" W 63.90 feet;
S 54° 34' 40" W 140.02 feet;
N 41° 25' 20" W 47.35 feet;
N 27° 44' 40" E 411.78 feet;
N 03° 24' 40" E 158.78 feet;
N 45° 25' 20" W 39.37 feet;
N 85° 34' 18" W 19.30 feet to a point for a corner;
12
Exhibit A
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-2-
THENCE N 25° 51' E 639.42 feet to the POINT OF BEGINNING.
MAVERICK ENGINEERING COMPANY
July 31, 1972
13
Harlan R. Heitkamp, P.E.
F
EiA:RLAN R. liEliKAMP
4 �•. 31753 •�c, j
OGLETREE AND GUNN
WILLIAM 8. OGLETREE, P.E.
JAMES E. GUNN, P.E.
STATE OF TEXAS
COUNTY OF SAN PATRICIO
ENGINEERING_ CONSULTANTS
(512) 882-2949
P. 0. BOX 3551 - ZIP 78404
1201 AGNES
CORPUS CHRISTI, TEXAS
April 1, 1974
Exhibit A (Addendum)
FIELDNOTES for a tract of land, adjacent to and adjoining
the southeasterly portion of a 24.953 acre tract, more or less,
conveyed by the City of Corpus Christi to the Lower Nueces River
Water Supply District as recorded in Volume 203, Page 560, Deed
Records, San Patricio County, Texas, said 24.953 acre tract being
subsequently leased to William B. Hoskins, Trustee, on July 19,
1972 and filed for record in the Deed Records of San Patricio
County, Texas, under the Clerk's File No's. 223334 and 226105.
FROM a point in the boundry line of said 24.953 acre tract,
that point being described as the most southerly point in the
24.953 acre tract and being in the contour line of 94 feet eleva-
tion, for a Point of Beginning;
THENCE with and adjacent to the boundry of said 24.953 acre
tract, N 47° 01' 32" E, 269.78' to a point;
THENCE with and adjacent to the boundry of said 24.953 acre
tract, N 19° 41' 32" E, 317.50' to a point;
THENCE S 19° 30' 05" E, 167.00' to a point, said point
being in the 94 feet elevation contour;
THENCE along and with the meanders of the 94 feet elevation
contour, in a southerly and westerly direction, to the Point of
Beginning.
WBO:gp
• •� li., ry
•
WILLIAM 8. OGLETREE
"!;:t
17255 r«
STc
14
OGLETREE & GUNN
ENGINEERING CONSULTANTS
By: William B. Ogletree, P. E.
4903 AMBASSADOR ROW
MAVERICK
E GINEERING
CbMPANY
v
P. O. BOX 7596 CORPUS CHRISTI, TEXAS 78415
July 31, 1972
EXHIBIT B
STATE OF TEXAS
COUNTY OF SAN PATRICIO
(512) 854-0281
Job No. 5363
FIELDNOTES for a 19.369 acre tract, more or less, being a portion of a
tract conveyed by the City of Corpus Christi to the Lower Nueces Water District
as recorded in Volume 203, Page 560, Deed Records, San Patricio County, Texas.
BEGINNING at a point in the north boundary line of a 17.92 acre tract of
land shown by survey dated February 16, 1951, whence the most northerly corner
of said 17.92 acre tract bears N 25° 51' E 557.50 feet;
THENCE S 64° 09' E 747.31 feet to a power pole in the north right-of-way
line of F. M. Road 1068 for the most easterly corner of this tract;
THENCE with the north right-of-way line of F. M. Road 1068, S 22° 44' 12"
W 1,087.67 feet to a point for the most southerly corner of this tract;
THENCE N 64° 09' W 806.38 feet to a point for the most westerly corner of,
this tract;
/cc
THENCE N 25° 51' E 1,086.06 feet to the POINT OF BEGINNING.
MAVERICK ENGINEERING COMPANY
Harlan R. Heitkamp, P.E.
15
HARLAN R. HEiTKIVIP 4
!/I p'•4, 31753 0:1�
FG�ST4a�•rN-11
E
That the foregoing ordinance was read for the first ti e and passed to its
second reading on this the tat- day of , 19g'7 , by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
661,
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for t e second ti a and passed to its
third reading on this the T day of , 19 g7 , by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Prank—MCudez
That
this the day of NILL4 (, , 19g g , by the following vote:
Betty N. Turner Clif Moss
David Berlanga, Sr. Bill Pruet
Leo Guerrero 1 Mary Rhodes
Mary Pat Slavik
Linda Strong
the foregoing ordinance was read
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
for the third time and passed finally on
Frank
Mendez
PASSED AND APPROVED, this the 5 day of
ATTEST:
ity Secretary
--,
NVED:AY O, 1911:
HAL GEORGE, CITY ATTORNEY
99.044.01
THE CI Y OF CORPUS CHRISTI, TEXAS
20150
State of TexaF,
County of NueceE ] ss!
City of C
Ad # 71606
BP-ForP me. t1.14-4 Urii-lertt a 4nTary ths oersnnally came
Deanne D. Palmer, whri -F.ir,-4t duly sworn, acording to law, says
that she is a Senior Accounting Clefk of the Corpus Christi Caller -
Times, a daily newsp,aoer publi,..lied at (..nrpu,. Christi in said Cnunr
tv
ad ally irculatnatgnPC=mPron.
Duval, Hidalgo, Jim Hog-;:, Jim Wells; Karnes, Kenedy, Kieberg, Live
Oak, Refugio, San Patricio, and Victoria Counties, and that the
Publication of "NOTICP PA SF:AGR FIF ORDINANCP #20190 AUTHOR T 7 T Nr;"
which the annexed is a true CODV, was published in the Corpus Christi
Caller -Times on the 10 day of january 1988 , and each day there-
after for one consecutive day(s)
one Times
$ 35.65
Senior Accoun
ibed and sworn to, before me this 13 day of January,
Eugnia Cortez
NntAry Phic, 0 -minty,
My commission expires on 6.30.89
NOTICE OF PASSAGE OF
ORDINANCE #20150
TAIUOTNHOOFRIAZINTEGN.TyHEEARELKEEACSUE- it
AGREEMENT WITH ROBERT
A. ROTH DBA SUNRISE
BEACH ON A 45 -ACRE
TRACT OF LAKE CORPUS i
CHRISTI RESERVOIR LAND i
FOR RECREATIONAL PUR- •
POSES: PROVIDING FOR .
_SEVERANCE; AND PROVID-
ING FOR PUBLICATION. Thr .
revenue psid to the City of
CorpuS Christi will be
$350.00 per month plus 2%
of revenues exceeding
$350.00 per month. The term
of the contract is for ten
years.
Was passed and approved
on third reading by the City
Council of the City of Corpus
Christi, Texas on the 5th day
of January, 1988. The full
text of said ordinance is avail-
able to the public in the Office
of the City Secretary.
/s/ Armando Chapa
City Secretary
City of Corpus Christi
State
Deanne D„ ,,,4no being dui, accordi , to .Law, says
that she is a Senior Accounti Clerk tne
Caller
Times, a daily neo,,i:iiioaper butlisned at Corpus Christi in sa.i.d
and State, generally circulated
Hid • :..i v_;t a i.. i :, :: _,
Oak,
..., :,,::_. : ..
io, Patr and Victoria Counties, and that the
publication ....: .. ...:... .. ..:....: ......_ OF ORDINANCE ..... SECOND _. .... _..._... .... .
Caller Times
f:: the 173 day o+ December 1987, and each day
there
one. Times
ci;;:.; ... . is iE'i .... ... i"
'ki CL
MY rrImminn f:nbires on 6.3Q„89
NOTICE OF PASSAGE OF
ORDINANCE ON
SECOND READING
AUTHO?' SING THE EXECU-
: TION OF A TEN-YEAR LEASE
AGREEMENT WITH ROBERT
I A. ROTH DBA SUNRISE
' BEACH ON ,A 45 -ACRE
'TRACT OF LAKE CORPUS
• CHRISTI RESERVOIR LAND
' FOR RECREATIONAL PUR-
POSES; PROVIDING FOR
SEVENANCE; AND PROVID-
ING FOR PUBLICATION. The
revenue paid to the City of
Corpus Christi will , be
$35(..".00 per month plus 2%
of revenues exceeding
$350.00 per month. The term
) of the contract is for ten
years.
; Was passed and approved
on second reading by the City
Council of the City of Corpus
Christi, Texas on the 8th day
5 of December, 1987. The full
text of said ordinance is avail-
{ able to the public in the Office
of the City Secretary.
/s/ Armando Chapa
City Secretary
City of Corpus Christi
that
tries
n`_i. . .
1:111 Vta,
11.
NOTICE OF PASSAGE OF
ORDINANCE ON
FIRST READING
AUTHORIZINn THE EXECU-
TION OF A TE-t-YEARLEASE
AGREEMENT 'WITH ROBERT
A. ROTH DBA SUNRISE
BEACH ON A 45 -ACRE
TRACT OF LAKE CORPUS.
CHRISTI RESERVOIR LAND
FOR RECREATIONAL PUR-
POSES; PROVIDING FOR
SEVERANCE; AND PROVID-
ING FOR PUBLICATION. The
revenue paid to the City of
Cfrpus Christi will be
$350.00 per month plus 2%
of revenues exceeding
$350.00 per month. The term
of the contract is for ten
years.
Was passed and approved
on first reading by the City
Council of the C -]y of Corpus
Christi, Texas /In the 1st day
of December, 1987. The full
text of said ordinance is avail-
able to the pub! `in the Office
of the City Secretary.
/s/Armando Chapa
City Secretary;
City of Corpus Christi
PUBLISHER'S AFFIDAVIT
State of Texas, 3 City of C C
County of Nueces J ss: Ad it 74794
Before rime, the undersigned, a Notary public, this day personally came
Deanne D. Palmer~, who being first duly sworn, according to law, says
than, she is a Senior Accounting Clerk of the Corpus Christi Caller -
T .mes, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jiri Wells, Karnes, Kenedy, Kleberg, Live
Clak, Refugia, San Patricio, and Victoria Counties, and that the
publication of "NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING" of
which the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 6 day of December 1987 , and each day there-
after for one consecutive day (ta)
one Times
$36.80
Senior nccount:i.ng Clerk
Subs -Crib "d and: t y to, -are me this 8 day of December, 1987
Ed -Kcast er
Notary Public, Nueoas County, Texas
My commission expires on 11. 30. 88
NOTICE OF PASSAGE OF
ORDNANCE ON
FIRST READING
AUTHORIZING THE EXECU-
TION
OF A TEN-YEAR LEASE
AGREEMENT WITH ROBERT
A. ROTH DB:, SUNRISE
BEACH ON A 45 -ACRE
TRACT OF LAKE CORPUS
CHRISTI RESERVOIR LAND
. FOR RECREATIONAL PUR-
POSES; PROVIDING FOR
- SEVERANCE; AND PROVID-
ING FOR PUBLICATION. The
revenue paid to the City of
' Corpus Christi will be
`- $350.00 per month plus 2%
of revenues exceeding
$350.00 per month. The term
of the contract is for ten
years.
Was passed and approved
on first reading by the City
Council of the City of Corpus
Christi, Texas on the 1st day
of December, 1987. The full
text of said ordinance is avail-
able to the public in the Office
of the City Secretary.
/s/ Armando Chapa
City Secretary
City of Corpus Christi
PUBLISHER' b AFFIDAVIT
State of Texas, 3 City of C C
County
of Nueces 3 ss Ad # 74783
Before me, the undersigned, a Notary Public, this day personally care
Deanne D. Palmer, who being first duly scorn, according to .law, says
that she is a Senior Accounting Clerk of the Corpus Christi. Caller -
Times, a daily newspaper published at Corpus Christi in said County
and State, generally circu1ated in Aransas, Bee, Brooks, Cameroon,
Duval, Hidalgo, Jird Hogg, Jirii Wells, Karnes, Kenedy, Kleberg, Live
Oak, Refugio, San Patricioo, and Victoria Counties, and that the
publication of o"NOTICE. OF PASSAG'GE. OF ORDINANCE ON FIRST READING" of
which the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 6 day of December 1987 , and each day there-
after for one consecutive day (s)
one Times
$36.'60'
Senior Accounting Clerk
Strbst,cr- 1 bed acid
tea:._.-...-...._. .
Edna Koster / tl
Notary Public, I'iueces ,County, Texas
My commission expires on 11.30. 88
ore me this 8 day of December, 1987
NOTICE OF PASSAGE OF C
ORDINANCE ON
FIRST READING
AUTHORIZING THE EXECU- r
TION OF A TEN-YEAR LEASE C
AGREEMENT WITH ROBERT C
A. ROTH DBA SUNRISE t
BEACH ON A 45 -ACRE i
TRACT OF LAKE CORPUS t
CHRISTI RESERVOIR LAND
FOR RECREATIONAL PUR-
POSES; PROVIDING FOR
SEVERANCE; AND PROVID-
ING FOR PUBLICATION. The
revenue paid to the City of -
Corpus Christi will be
$350.00 per month plus 2%
of revenues exceeding a
$350.00 per month. The term
of the contract is for ten
years.
Was passed and approved
on first reading by the City
Council of the City of Corpus
Christi, Texas on the 1st day
of December, 1987. The full '+
text of said ordinance is avail-
able to the public in the Office
of the City Secretary.
/s/ Armando Chapa
City Secretary
City of Corpus Christi