HomeMy WebLinkAbout020757 ORD - 08/29/1989AN ORDINANCE
AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE
AGREEMENT WITH KLOSTERMANN FARMS FOR A 23.099 ACRE TRACT OF
LAND LOCATED AT THE NORTH CORNER OF THE INTERSECTION OF
CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD; AND DECLARING AN
EMERGENCY.
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 one-year farming lease agreement, effective August 2, 1989,
with Klostermann Farms for a 23.099 acre tract of land located at the
north corner of the intersection of Chapman Ranch Road and Saratoga
Boulevard, 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. That upon written request of the Mayor or five
Council members, copy attached, to find and declare an emergency due
to the need of executing the abovementioned lease agreement at the
earliest practicable date, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration
and voting upon ordinances at three regular meetings so that this
ordinance is passed and shall take effect upon first rading as an
emergency measure this the /71 day of (iry- J �
19 vi 0
ATTEST:
City Secretary
9 /�1' THE CITY
APPROVED: DAY OF /'ui vS'h , 19
HAL GEORGE, CITY ATTORNEY
007
OF
CORPUS
CHRISTI
20757 M,CROi llMED
City of
Corpus
Christi
THE STATE OF TEXAS 11
COUNTY OF NUECES 11
Engineering Services
Property and Land Acquisition
FARMING LEASE AGREEMENT
THIS AGREEMENT, made and entered into this the 2nd day of
August , 1989, by and between the CITY OF CORPUS CHRISTI, TEXAS,
a municipal corporation, hereinafter called "CITY", and KLOSTERMANN FARMS
of Nueces County, Texas, hereinafter called "LESSEE".
W ITNESSET H:
The CITY OF CORPUS CHRISTI does by these presents lease unto the
said KLOSTERMANN FARMS the following 23.099 acres described by metes and
bounds on the attached Exhibit "A" (see Pages 9-13) and shown by map
reference on attached Exhibit "B" (see Page 14); for a term of one (1)
year beginning September 1, 1989 and ending August 31, 1990, subject to
the following consideration, covenants and conditions, to -wit:
1. The LESSEE is to pay therefor the following rental
and cash bonus to be paid as follows:
(a) LESSEE is farming a total of 127.2 acres at
this location. The CITY's cash rent will be
based on the proceeds for 23.099 acres. These
proceeds will be calculated on this basis:
The percentage which the 23.099 acres bears to
the total acreage cultivated times the total
proceeds.
(b) The consideration for this lease, to be paid by
LESSEE, is one-fourth (1/4) of the proceeds from
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 agrees to pay one-fourth (1/4) of such
ginning charges. The LESSEE agrees that in the
event any cotton crop or any portion
"Farming Lease Agreement"
23.099 acres
(Klostermann)
Page 1 of 14
thereof is sold in the field without harvesting
cost to LESSEE, the rent will be one-third (1/3) of
the proceeds of such sale instead of one-fourth
(1/4). 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 feed, and should LESSEE plant any
part of said leased premises in Sudan, Rhodes Grass
or any other feed and retain the same for home use,
LESSEE shall pay money rent therefor on the basis
of what the other feed grown on said lease premises
averaged per acre on the market. It is agreed that
the CITY shall pay one-third (1/3) of the hauling
expense 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:
City of Corpus Christi
P. 0. Box 9277 [1201 Leopard Street]
Norma Casas
Collections Section
Corpus Christi, Texas 78469-9277
payable annually following crop harvest.
2. It is understood and agreed that the leased premises are
to be used for agricultural purposes only. Said
premises are not to be used for any other purpose than
these herein specified without the prior written consent
of the CITY.
3. LESSEE agrees not to sublet the leased premises or any
portion thereof without the prior written consent of the
CITY.
"Farming Lease Agreement"
23.099 acres
(Klostermann)
4. It is further understood that LESSEE shall keep a true
and accurate book of accounts regarding all business
matters pertaining to the above described cultivation of
the premises hereby leased, and that such books shall be
open to inspection 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 is 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
anytime during the term of this lease. Should the
property be sold, used or leased before the expiration
date hereof and the purchaser or LESSEE not be willing
to take the same subject to this lease and demands
immediate possession, then the LESSEE agrees to vacate
and give possession at any time within fifteen (15) days
after receipt of notice to vacate. Should it become
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
"Farming Lease Agreement"
23.099 acres
(Klostermann)
7=24
vicinity. Any payments so made shall be
in proportion to the LESSEE'S share of
the crop under this lease, less
harvesting costs.
7. The LESSEE agrees that LESSEE will pay for any and all
damages to any utility lines or equipment located on
said land which may be incurred by LESSEE'S farming or
agricultural operations or to replace all such lines
injured or destroyed as a result of LESSEE'S
agricultural operations.
8. The LESSEE agrees to pay for all utilities used at the
premises being leased by LESSEE.
9. The LESSEE agrees that LESSEE will take good care of
the property and its appurtenances, and suffer no
wastes, and shall keep the said premises in good repair
at LESSEE'S own expense, and at the end of the
expiration of the term of this lease, shall deliver up
the leased premises in as good order and condition as
same are now in, natural wear and tear and damage from
the elements only excepted.
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 leased premises.
"Farming Lease Agreement"
23.099 acres
(Klostermann)
12. The LESSEE shall promptly execute and fulfill all the
ordinances of the CITY OF CORPUS CHRISTI applicable to
said premises, and all orders and requirements 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 LESSEE'S 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 provided by law; and may declare the
lease forfeited 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 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, wares,
chattels, implements, fixtures, furniture, tools, and
"Farming Lease Agreement"
23.099 acres
(Klostermann)
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 LESSEE'S employees in the
operation of the leased premises.
16. The CITY shall have
ingress,
egress and
for the purpose
business incident
the right at any and all times of
regress on and over said premises
of conducting and
to other activities
carrying on any
of the said CITY.
17. 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
P. 0. Box 9277 [1201 Leopard Street]
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
3rd. Floor
Corpus Christi, Texas 78469-9277
Mr. Ronnie Klostermann
Mr. Raymond Klostermann
Rt. 3, Box 108
Robstown, Texas 78380
"Farming Lease Agreement"
23.099 acres
(Klostermann)
7=27
18. This lease is made and accepted subject to all ad
valorem taxes that may be levied and assessed on the
herein described land during the term of this lease,
the payment of which is hereby assumed by LESSEE.
"Farming Lease Agreement"
23.099 acres
(Klostermann)
WITNESSED the execution hereof in triplicate originals, etch of
which is to be considered as an original, this day of
, 1989.
By:
CITY OF CORPUS CHRISTI, TEXAS
Juan Garza
City Manager
LESSOR
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS (2- DAY OFA
HAL GEORGE, CITY ATTORNEY
By: _ adia,u,67_3
/rSon 6 /&.1.209-k
Assistant City Attor ey
Ronnie Klostermann
, 1989.
Etat
Raymond Klostermann 4
LESSEES
"Farming Lease Agreement"
23.099 acres
(Klostermann)
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
"Farming Lease Agreement"
23.099 acres
(Klostermann)
Fj KBIT 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;
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
"Farming Lease Agreement"
23.099 acres
(Klostermann)
-10-
r
EXHIBIT A
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
fot 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.
TRACT 111:
A11 that certain, piece or parcel of la•,d containing 8.199 acres, more or iess, being
out of Lots Three (3) and Four (4), Section Seven (7), BOHEMIAN COLONY LANDS, and
being more particularly described by metes and bounds as follows, to -wit:
Cu!CI!alCINC at the intersection of the northwest line of Block 6, Saratoga Place
Subdivision, as recorded in Volume 42, Page 142, Map Records, Ni ces County, Texas
and the northeast line of Saratoga Blvd. for the west corner of said Block 6, Saratoga
Place Subdivision;
"Farming Lease Agreement"
23.099 acres
(Klostermann)
-11-
EXHIBIT A
111ENCI;, North 28 degrees 41' 30" East, 420.02 feet along the northwest line of Block
6, Saratoga l'lace Subdivision, said line also being the northwest line of Lot 4,
Section 7, Bohemian Colony Lands, 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, Fage 15, Deed Records,
Nuecer County, Texas;
THENCE, South 61 degrees 51' 00" East, 1040.00 feet along the northeast lime of said
Blank 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, heed Records, NuecesCounty, 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 Cabaniss for
the POINT OF BEGINNING of the 8.199 acre tract herein described;
THENCE, North 00 degrees 20' 43" West, 889.22 feet along a line 500.00 feet west of
and parallel to the projection of the centerline of Runway 17, HALF Cabaniss, to a
point on a line 2500.00 feet north of and parallel to the north end of Runway 17,
HALF Cabaniss;
THENCE, 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, Texas;
T111:IICE, 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 67. degrees 20' 00" East, 400.00 feet along the southwest boundary line
of said 9.372 acre tract to a point on a curve whose radial bears North 28 degrees
40' 00" East;
"Farming Lease Agreement"
23.099 acres
(Klostermann)
-12-
EXHIBIT A
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 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;
"Farming Lease Agreement"
23.099 acres
(Klostermann)
-13-
-r-
"XHIBIT A
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EXHIBIT B
Corpus Christi, Texas
day of ( cry t J k , 198
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
99.045.01
Ch
20757