HomeMy WebLinkAbout030415 ORD - 02/10/2015 AN ORDINANCE
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE
YEAR LEASE AGREEMENT (WITH THE OPTION FOR ONE FIVE
YEAR RENEWAL) WITH THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY (TCEQ) FOR INSTALLATION AND
OPERATION OF AN AIR QUALITY MONITORING STATION ON A
0.113 ACRE TRACT OF LAND ON OAKPARK PARK LOCATED AT 842
ERWIN STREET, CORPUS CHRISTI, TX AND A 0.038 ACRE TRACT
OF LAND ON BAYVIEW (H. J. WILLIAMS PARK, LOCATED AT 2518
DEMPSEY ROAD, CORPUS CHRISTI, TX; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a five year Lease
Agreement(with the option for one five year renewal with the Texas Commission on
Environmental Quality for an air quality monitoring station at the Oakpark Park and H.J.
Williams Park. The Lease Agreement is attached as Exhibit A and a copy is on file with
the City Secretary.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance is 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 of this ordinance 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.
TCEQ Oakpark hilicrest Paks Air Monitoring Lease Ordianace 12122014
030415
INDEXED
That the foregoing ordinance was r-ad for the first time and passed to its second
reading on this the I day of ;,.J.,,1,,.i 2UISby the following vote:
Nelda Martinez / / 1 Brian Rosas
Rudy Garza 1,4 Lucy Rubio _Q..1.y.
Chad Magill , . Mark Scott _AZ_
Colleen McIntyre I �,/ Carolyn Vaughn CLU".)
_(-4
Lillian Riojas
That tF a oregoing ordin nce was read for the second time and passed finally on this
the 'day of , -O5, by the following vote:
Nelda Martinez 0 ' Brian Rosas A.-A 1
Rudy Garza I / Lucy Rubio g4
TM
Chad Magill t A ' Mark Scott I A r
I
Colleen McIntyre f ' Carolyn Vaughn
t dr
Lillian Riojas
/ 2015
PASSED AND APPROVED, this the 4,.4.„
of � ,
(1.. .\
ATTEST:
R-e-il -Q.C-4,6. 4-A-s2-4Ar--,
Rebecca Huerta Nelda Martinez
City Secretary Mayor
0304 .15
Bryan W.Shaw,Ph.D.,P.E.,Chairman
Toby Baker,Commissioner
Zak Covar,Commissioner
Richard A.Hyde,P.E.,Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
November 19, 2014
Ms. Sharon Bailey Lewis
Environmental Programs Specialist
City of Corpus Christi RECEIVED
Environmental and Strategic Initiatives
P. 0. Box 9277 NOV 2 4 2Q14
Corpus Christi,Texas 78469-9277 ESI - Water Resources
Dear Ms. Lewis:
Subject: Corpus Christi Site Agreement
The attached document is the lease agreement between Corpus Christi and the Texas
Commission on Environmental Quality. Please date and sign the agreement where
indicated and return it to me at your earliest convenience. As agreed,we will accept a
soft copy once the proper signatures have been obtained.
Please feel free to contact me at phone number 512-239-3613 or at
Andreger.Tolbert{)tceq.texas.gov, if you have any questions or comments.
Sincerely,
Andreger Tolbert
Network Coordinator, Monitoring Division
P.O.Box 13087 • Austin,Texas 18711-308'' • 512-239-1000 • tceq.texas.gov
How is our customer service? tccq.texas.gov/customersurvcy
582-14-45217
LEASE BETWEEN
THE CITY OF CORPUS CHRISTI AND
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF NUECES §
This lease is entered into by and between the City of Corpus Christi, a Texas home rule
municipal corporation, acting through its duly authorized City Manager,or the City
Manager's designee,and the Texas Commission on Environmental Quality,acting
through its duly authorized agent,Richard C. Chism, Monitoring Division.
Section 1. Definitions. For the purposes of this Lease:
Abandoned means that the Leased Premises become vacant or deserted for a
continuous period of(30)thirty days.
City means the City of Corpus Christi,Nueces County,Texas,a home rule
municipal corporation.
City Manager means the City's City Manager or the City Manager's designee.
City Council means the City Council of the City of Corpus Christi.
Department means the City's Park and Recreation Department.
Director means the City's Director of Park and Recreation or the Director of Park
and Recreation's designee.
Lease means this document,including all attachments and exhibits that are
incorporated by reference into this document.
Leased Premises means that portion of Oakpark Park and Bayview(H.J.
Williams) Park found in Exhibits"A"and"B."
Lessee means the Texas Commission on Environmental Quality(TCEQ)or
assignee.
Risk Manager means the City's Director of Risk Management or the Director of
Risk Management's designee.
Sign means any signs,advertisements,notices,or other lettering that are
exhibited,inscribed, painted, erected,or affixed on or about the Premises,or any
part of the Premises.
I
582-14-45217
Section 2. Purpose. The purpose of this Lease,between the City and the Lessee,is to
enable the Lessee to install and maintain a continuous air monitoring station. Lessee
may not operate the Premises for any other purpose without the Director's prior written
approval.
Section 3. Leased Premises.The Leased Premises are certain real property,
generally described as an area of land on Oakpark Park, 842 Erwin Street,Corpus
Christi,Texas and on Bayview(H.J.Williams)Park, 2518 Dempsey Rd, Corpus Christi,
Texas; and more specifically described on the attached and incorporated Exhibits"A"
and"B."
Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the
Leased Premises is subject to the terms and conditions in this Lease. This Lease is made
in consideration of the mutual promises and covenants contained in this Lease.
Section 5. Limitation of Leasehold. The City does not warrant its title to the
Leased Premises. This Lease and the rights and privileges granted the Lessee in and to
the Leased Premises are subject to all covenants,conditions,restrictions,and exceptions
of record or apparent. Nothing contained in this Lease may be construed to imply the
conveyance to the Lessee of rights in the Leased Premises that exceed those owned by
the City.
Section 6. Term.The City leases the Premises,subject to all terms and conditions of
this Lease,to the Lessee for a period of five(5)years,unless sooner terminated pursuant
to this lease. This Lease begins on the 61st day after final approval by the City Council.
In addition,the City may terminate this lease before the end of the five(5)year term for
a change in park use which was approved pursuant to an amendment to the adopted
Parks Master Plan. In such event,the City will provide Lessee with at least ninety(90)
days notice of termination and the parties will cooperate to locate an alternate site.
Section 7. Option to Renew. The Lessee has the option to renew this lease for five
(5)years on the same terms and conditions as set out in this lease. The Lessee must
exercise this option by giving the City notice at least thirty(3o) days prior to the last day
of the term of the lease.
2
582-14-45217
Section 8. Abandonment of Leased Premises. If the Lessee abandons the Leased
Premises this Lease terminates automatically and the City Manager may take immediate
possession of the Leased Premises.
Section 9. Cessation of Use.
a. If the Lessee for any reason ceases to use the Leased Premises for the purposes
specified in Section 2,the Lessee has the right to terminate this Lease by written notice
to the City Manager.
b.The written notice of termination must be given at least three(3)months prior to the
effective date of termination.
c. If the cessation of use occurs and continues for one(i)year or longer,and the Lessee
does not exercise the right to terminate this Lease,then the City may terminate this
Lease by giving the Lessee at least thirty(3o)days'notice prior to the effective
termination date.
d. During any cessation of use,the Lessee must maintain and regulate the use and
occupancy of the Leased Premises at the Lessee's expense as specified in this Lease.
Upon termination or expiration of the Lease,the Lessee must remove the improvements
from the Leased Premises.
Section 10. Surrender. Subject to the holdover provisions in this Lease,the Lessee
acknowledges and understands that the City's agreement to lease the Premises to lessee
is expressly conditioned on the understanding that the Premises must be surrendered,
upon the expiration,termination,or cancellation of this Lease,in as good a condition as
received,reasonable use and wear,acts of God,fire and flood damage,or destruction
where the Lessee is without fault,excepted.
Section ii. Consideration.
a.For and in consideration of the rights and privileges granted in this lease,the Lessee
agrees to allow the City full access,via the Lessee's web page,to the monitoring
information gathered by the Lessee from the air monitoring station situated at the
Leased Premises during the entire term of this Lease.
b. Lessee has provided a letter of responsibility,attached as Exhibit C to this agreement.
3
582-14-45217
Section 12. Alterations.
a.the Lessee may not make any alterations, additions,or improvements to,in, on,or
about the Premises,without the prior consent of the Director.
b. Prior to making any alterations,additions,or improvements to,in,on, or about the
Premises,the Lessee must submit the plans and specifications for the alterations,
additions,or improvements to the Director for review.
c. If the Director consents to the alterations,additions, or improvements,the Lessee
shall obtain all required permits for the construction and the construction is subject to
inspection by the Director,City's Building Official,Director of Engineering Services,and
their designated representatives.
Section 13. Assignment and Subleasing.
a. Lessee may not assign or encumber this lease,without the prior written consent of the
City Manager. Any assignment or sublease must be approved in advance by the City
Manager.
b. Upon approval of the assignment,the Lessee may request the City to release the
Lessee from any further liability under the Lease. The City will grant the release if the
assignee covenants to assume all obligations and duties of the Lessee of this Lease.
c.Any attempted assignment or sublet without the prior written consent of the City
Manager renders this Lease void.
d.An assignment of the Lease under the same terms and conditions is not an
amendment of the Lease.
e. Each provision,term,covenant,obligation, and condition required to be performed by
the Lessee must be binding upon any assignee,and is partial consideration for the City's
consent to the assignment
f.Any failure of assignee to strictly comply with each provision,term,covenant,
obligation,and condition in this lease may render this Lease null and void.
Section 14. Signs.
a.The Lessee may not exhibit,inscribe,paint,erect,or affix any Sign at,on,or about the
Premises,or any part of this Lease,without the Director's prior written approval.
b.The City may require the Lessee to remove,repaint,or repair any Signs allowed. If the
Lessee does not remove, repaint,or repair the Signs within ten(1o)days of the
Director's written demand,the City may do or cause the work to be done,and the Lessee
shall pay the City's costs within thirty(3o)days of receipt of the Director's invoice. If
4
582-14-45217
timely payment is not made,the City may terminate this Lease upon ten(1o) days
written notice,to Lessee. Alternatively,the City may elect to terminate this Lease after
ten (io) days written notice to the Lessee.
Section 15. Laws Affecting Operation of Premises and Performance. The
Lessee shall comply with all Federal,State,and local laws,ordinances, rules,and
regulations applicable to the Lessee's operation of the Premises and the Lessee's
performance under this Lease. This Lease is also subject to applicable provisions of the
City Charter.
Section 16. Nondiscrimination.The Lessee covenants and agrees that the Lessee
will not discriminate nor permit discrimination against any person or group of persons,
with regard to employment and the provision of services at,on, or in the Premises,on
the grounds of race,religion,national origin, marital status,sex,age, disability,or in any
manner prohibited by the laws of the United States or the State of Texas. The City
hereby reserves the right to take the action as the United States may direct to enforce
this covenant.
Section 17. Drug Policy. The Lessee must adopt a Drug Free Workplace and drug
testing policy that substantially conforms to the City's policy.
Section 18. Violence Policy.The Lessee must adopt a Violence in the Workplace
and related hiring policy that substantially conforms to the City's policy.
Section 19.Maintenance.The Lessee shall maintain the Leased Premises and all
improvements in good and safe condition during the Lease term.
Section 20. Furniture, Fixtures,and Equipment.
All personal property and trade fixtures furnished by or on behalf of the Lessee remain
the property of the Lessee,unless the personal property and trade fixtures are
specifically donated to the City during the term of this Lease or any Holdover Period.
Section 21.Utilities. The Lessee shall pay for all utilities related to usage of the
Premises.Failure to pay any utility bills)prior to the due date constitutes grounds for
termination of this Lease.
5
582-14-45217
Section 22. City Use.The City retains the right to use or cross the Premises with
utility lines and easements.The City may exercise these rights without compensation to
the Lessee for damages to the Premises from installing, maintaining, repairing,or
removing the utility lines and easements.The City must use reasonable judgment in
locating the utility lines and easements to minimize damage to the Premises.
Section 23. Default. Any of the following events constitute default under this Lease:
(1)Failure to pay utilities before the due date.
(2)Failure to perform scheduled maintenance.
(3)Abandonment of the Premises.
(4)Failure to maintain any insurance coverages required in this lease.
(5)Failure to timely pay City's invoice for the removal, repainting,or repair of
any Signs at the Premises.
(6) Failure to keep,perform,and observe any other promises, covenants and
conditions contained in this Lease.
Section 24. City's Remedies on Lessee's Default.
a. Upon the occurrence of any event of default,the City may,at its option,in addition to
any other remedy or right given under this Lease or by law:
(1) Give notice to the Lessee that this Lease terminates upon the date specified in
the notice,which date will be no earlier than five(5)days after the giving of the
notice.
(2)Immediately or at any time after the occurrence of the event of default and
without notice or demand,or upon the date specified in a notice,if given,or in
any notice issued under law,enter upon the Premises or any part of this Premises
in the name of the whole and,upon the entry,this Lease terminates.
b. In the event of default by the Lessee under Section[26],the City has the option to
pursue any one or more of the remedies provided in this lease or afforded the City by
law,without further notice or demand and without prejudice to any other remedy:
(1)The City may enter into and upon the Premises and retake possession,by legal
proceedings or otherwise,expel the Lessee and anyone claiming through or under
the Lessee, remove the Lessee's or a claimant's goods and effects,forcibly,if
necessary,and store the goods in the name and at the expense of the Lessee.
6
582-14-45217
(2)After retaking possession as set out in paragraph 1 of this section,or upon
abandonment of the premises by the Lessee,the City may at the City's option
relet the premises or any part of the premises, in the name of the City or
otherwise,for a term or terms that may be less than or exceed the period that
would otherwise constitute the balance of the term of this lease. The term of such
reletting by the City is evidence of the fair rental value of the premises for the
balance of the term and the Lessee shall be liable to the City for the amount by
which the rent and other charges due under this Lease for the balance of its term
exceeds the fair rental value of the premises for that period.
Section 25. Modifications. No changes or modifications to this Lease may be made,
nor any provisions waived,unless the change or modification is made in writing and
signed by persons authorized to sign agreements on behalf of each party.
Section 26. Contact Person/Lease Administrator. For this Lease,the City's
contact person and lease administrator is the Director.
Section 27. Notice.
a.All notices, demands, requests,or replies provided for or permitted under this Lease
by either party must be in writing and must be delivered by one of the following
methods: (i)by personal delivery;(ii)by deposit with the United States Postal Service as
certified or registered mail,return receipt requested, postage prepaid; (iii)by prepaid
telegram; (iv)by deposit with an overnight express delivery service,for which service
has been prepaid; or(v)by fax transmission.
b. Notice deposited with the United States Postal Service in the manner described above
will be deemed effective two(2)business days after deposit with the United States
Postal Service. Notice by telegram or overnight express delivery service will be deemed
effective one(1)business day after transmission to the telegraph company or overnight
express carrier. Notice by fax transmission will be deemed effective upon transmission
with proof of delivery.
c.All the communications must only be made to the following:
IF TO CITY: IF TO LESSEE:
City of Corpus Christi TCEQ
Attn: Director of Parks and Recreation P.O. Box 13087, MC 165
P.O. Box 9277 Austin,Texas
Corpus Christi,Texas 78469-9277 78711-3087
7
582-14-45217
d. Either party may change the address to which notice is sent by using a method set out
in subsection c of this section.The Lessee shall notify the City of an address change
within ten(10)days after the address is changed.
Section 28. Force Majeure. No party to this Lease shall be liable for delays or
failures in performance due to any cause beyond their control including,without
limitation,any delays or failures in performance caused by strikes,lock outs,fires,acts
of God or the public enemy,common carrier,severe inclement weather,riots or
interference by civil or military authorities.The delays or failures to perform extend the
period of performance until these exigencies have been removed. The Lessee shall
inform the City in writing of proof of the force majeure within three(3)business days or
otherwise waive this right as a defense.
Section 29. Relationship of Parties. This Lease establishes a landlord/tenant
relationship,and no other relationship. This Lease must be construed conclusively in
favor of that relationship. In performing this Lease,both the City and the Lessee will act
in an individual capacity and not as agents, representatives,employees,employers,
partners,joint-ventures,or associates of one another. The employees or agents of either
party may not be,nor be construed to be,the employees or agents of the other party for
any purpose.
Section 3o.Not for Benefit of Third Parties. This Lease is only for the benefit of
the City and the Lessee, and no third party has any rights or claims under this Lease or
against the City.
Section 31. Publication Costs.The Lessee shall pay for the cost of publishing the
Lease description and related ordinance, as required by the City's Charter,in the legal
section of the local newspaper.
Section 32. Interpretation. This Lease will be interpreted according to the Texas
laws that govern the interpretation of contracts. Venue lies in Nueces County,Texas,
where this Lease was entered into and will be performed.
Section 33. Survival of Terms. Termination or expiration of this Lease for any
reason does not release either party from any liabilities or obligations under this Lease
8
5$2-14-45217
that(a)the parties have expressly agreed survive any the termination or expiration;(b)
remain to be performed;or(c)by their nature would be intended to be applicable
following any the termination or expiration of this Lease.
Section 34. Captions. The captions utilized in this Lease are for convenience only
and do not in any way limit or amplify the terms or provisions of this Lease.
Section 35. Severability.
a. If,for any reason,any section,paragraph,subdivision,clause,provision,phrase,or
word of this Lease or the application of this Lease to any person or circumstance is,to
any extent,held illegal,invalid,or unenforceable under present or future law or by a
final judgment of a court of competent jurisdiction,then the remainder of this Lease, or
the application of the term or provision to persons or circumstances other than those as
to which it is held illegal,invalid,or unenforceable,will not be affected by the law or
judgment,for it is the definite intent of the parties to this Lease that every section,
paragraph,subdivision,clause,provision,phrase,or word of this Lease be given full
force and effect for its purpose.
b.To the extent that any clause or provision is held illegal,invalid,or unenforceable
under present or future law effective during the term of this Lease,then the remainder
of this Lease is not affected the law,and in lieu of any illegal,invalid,or unenforceable
clause or provision, a clause or provision,as similar in terms to the illegal,invalid,or
unenforceable clause or provision as may be possible and be legal,valid,and
enforceable,will be added to this Lease automatically.
Section 36.Venue. Venue lies in Nueces County,Texas,where this lease was entered
into and will be performed.
Section 37. Entirety Clause. This Lease and the attachments and exhibits
incorporated into this Lease constitute the entire agreement between the City and the
Lessee for the purpose granted. All other agreements,promises, representations, and
understandings,oral or otherwise,with reference to the subject matter of this Lease,
unless contained in this Lease are expressly revoked, as the parties intend to provide for
a complete understanding within the provisions of this Lease and its exhibits of the
terms,conditions,promises,and covenants relating to Lessee's operations and the
Premises to be used in the operations.
9
582-14-45217
Section 38. Binding Lease. It is further mutually understood and agreed that the
covenants and agreements contained in the Lease,to be performed by the respective
parties,are binding on the parties,and their respective successors and assigns.
Section 39. Acknowledgment.Each party expressly agrees that it has
independently read and understood this Lease. By the Lessee's execution of this Lease,
the Lessee acknowledges and understands that this Lease is not binding on the City until
properly authorized by the Council and executed by the City Manager or by his designee.
Section 40. Effective Date. This Lease is effective on .
EXECUTED IN DUPLICATE,each of which shall be considered an original,on the
day of November, 2014.
EFFECTIVE DATE
10
582-14-45217
LESSEE:TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
By:g-i--0/a02—:_.
Richard C. Chism
Monitoring Division
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on November, 2014,by Richard C.
Chism, Monitoring Division,on behalf of the Texas Commission on Environmental
Quality
Notary Public, State of Texas
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Ronald L. Olson
City Secretary City Manager
APPROVED AS TO LEGAL FORM: This day of November 2014.
Lisa Aguilar
Senior City Attorney
For City Attorney
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on November,by Richard C.
Chism, Monitoring Division,on behalf of the Texas Commission on Environmental
Quality.
Notary Public, State of Texas
11
582-14-45217
Exhibit A:
TCEQ Oak Park Air Monitoring Site
E � _ , �a
I + '.
°,
,t, f fir t% ,::, , ,-;-:---,::aced Pre, �: s
II.* , ,
''' * ;
111167, i ; \ :
oli
ri. , ,, :„..,......„ .. _ ; 73 i TCEQ Oak Park Air Monitoring Site
• ,r
°'row .# �, F
,
'., a w-
12
582-14-45217
Exhibit B:
TCEQ Williams Park Air Monitoring Site
_ . •r
1110
R ,
it L 'c's !"'+ las
•
E - f 7 pA
ti > •
�" _ %'• ' • :aA1rM0fht0n1s1te
p
Fir'/
�r'r `=I
ri
•
LSI" S.
• d) :.f.'* res
13
582-14-45217
EXHIBIT C:
Bryan W.Shaw,Ph.D..P.E.,Chairman t;C7:o,
Toby Baker,Commissioner
Zak Covar,Commissioner
?-
Richard A.Hyde,P.L.Executive Director 3•
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Tams by Reducing and Preventing Pollution
September 8,2014
City of Corpus Christi
Attn:Director of Parks and Recreation
P.O.Box 9277
Corpus Christi,Texas 78469-9277
Subject:Oak Park and Williams Park Air Monitoring Sites Evidence of Financial Responsibility
•
The Texas Commission on Environmental Quality, as an agency of state government, is
financially responsible for its own liability exposures under the Statutes of the State of Texas,
including the Texas Tort Claims Act. This body of laws governs the manner in which claims
may he pursued against the agency. With this in mind, this letter is offered as evidence of
financial responsibility.
tf a third party claim occurs it should be reported as soon as possible to Ms. Patricia De La Cruz,
Ambient Monitoring Section Manager at (512) 239-6816 for investigation and resolution.
Should you have any questions concerning the above,please do not hesitate to call me at (512)
239-0539.
Sincerely,
Richard C.Chism,Director
Monitoring Division
Texas Commission on Environmental Quality
t'.Q.Box 13087 • Austin,Texas 78711-3087 • 5l2-239-w41u0 • teeq.texas.gov
dory is our customer service? tccq.texnsgovicustumersurvey
pdnh-JM,rtr).4 r..$...
14
E12013-TCEQ Oak Park Mr Monitoring Site
STATE OF TEXAS
COUNTY OF NUECES
BEING a tract of land containing 4,924.77 square feet(0.113 acres)of land out of that remaining portion of Lot 5,
Woodlawn Block 2,a map of which is recorded in Volume 4,Page 5,Map Records of Nueces County,Texas
and also being a part of a tract of land acquired by the City of Corpus Christi,Tezas for park purposes per deed
recorded in Volume 590,Page 140,Deed Records of Nueces County,Texas.This 4,924.77 square foot tract being more
fully described by metes and bounds as follows:
Beginning at a 1 inch iron pipe found on the common boundary of said Lot 5 and of Lot 3,said Woodlawn Block 2,for the
south corner of the South 74'x 135'tract out of Lot 5,said Woodlawn Block 2(Document No.2013047594,Official Records
of Nueces County,Texas),for a corner of said Woodlawn Park(also known as Westside Park)and for the Point of Beginning
of this description;
Thence,with the southeast boundary of said South 74'x 135'tract,same being the northwest boundary of said Woodlawn Park
and of this tract,North 30°25'00"East,at 73.89 feet(record-74.00 feet)pass a 1 inch iron pipe found for the east corner of
said South 74'x 135'tract and for the south corner of West side Street,as opened by the City of Corpus Christi,per Ordinance
No.3722,in all a total distance of 80.49 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for the north corner of
this tract;
Thence,with the northeast boundary of this tract,South 57°48'22"East,a distance of 62.05 feet to a 5/8 inch iron rod with
City of Corpus Christi cap set for the east corner of this tract;
Thence,with the southeast boundary of this tract,South 31°44'00"West,a distance of 80.69 feet to a 1 inch iron pipe found
for the east corner of said Lot 3,Woodlawn Block 2,for a corner of said Woodlawn Park and for the south corner of this tract;
Thence,with the common boundary of said Lot 3 and of said Woodlawn Park,North 57°35'00"West,distance of 60.20 feet to
the Point of Beginning and containing 4,924.77 square feet(0.113 acres)of land.
Bearings based on GPS bearings,Texas State Pane Coordinate System NAD83(1986),Texas South Zone.
STATE OF TEXAS
COUNTY OF NUECES
I,Russell D.Ochs,a Registered Professional Land Surveyor.hereby certify that the foregoing field notes were prepared by me
from a land survey made on the ground under my supervision.
This the 24th day of September,2014
CO:,„„„,0 od,,
4%`. Fd
Russell D.Ochs,R.P.LS.
State of Texas License No.5241 • RUSSELL Ct.,OCHS ;
N -:eqa 5241 .r`='Q.
ti0 3 U AN'I "
K lEngmernn;lSuMy1PROJECtSUN-Et2013.woe OLAWN PARK-TCEQ SITE-201111N-E12011-WOODLAWN'atx-4CLQ SIZE-20e4-FN docx r+pc 1 of
1
ERWIN STREET
FO 1'1P....," _ _
r.... r
IL
1-
O
J
ti
wr\
3 8 . [C
Orr.
O▪�v;- u1 O„
f• 4 "
t�>g gin w �g
� tri (.1UJ
o- 4 ty
r Jiip
U. a UJLi 1
& 3 C fl°
Hw 7ooa l 35 OUT
O,LOT 5 a WEST 74'X 135'OUT OF LOT 6
2
WOODLAWN BLOCK 2
_ (VOL.4,PG.5.MRNCT} N v (VOL.4.PG.5,MRNCT)
OWNER:MANUAL ESTRADA,JR. rn OWNER:PHILIP EMANUEL
DOC.N0.2017047596,ORNCT -CO c2¢ DOC.NO.2007023231.ORNCT
Ts. rrU
In
— — — -- I z
I I
W FO.YIP II/ f � Fe rip SET 1.RW M
cPOINT OF BEGINNING" uTMOf CORMSon 01 w1 N 30'25'00"' E 60.49'
860 73 B9' I
'2 qm p /--cwPAJNK (RECORD-74.00') 5w zc
Z ..,Idi
!6 E N FENCE
LD .PETL 1 p
f'° N
LO
1' III
Y Q Co 'C FENf.'E .
924.77 SQ.FT.1
gE w (4143 ACRES)
Q
O f. Y •1
Z In
Z I z—No.1-11. off.--3 ��-7 l.a REMAINDER OF LOT 6
/ WOODLAWN BLOCK 2
8 _ S 31'44 00W 60.fig (VOL 4,PG.5.M.6RNCT)
3 a
E HEADER O FID 1 II SET yC:R WITH
CJCITY OF CORMS
REMAINDER OF LOT 5 10111t3T1 CAP
k REMAINDER OF LOT 2 WOOOLAWN BLOCK 2 \`// SWINGS SHOWN ARE FUSEDtWOODLAWN BLOCK 2 (VOL 4,PG 5.MRNGT) y
Ops TTEXAS SLOE
ON
gk (VOL 4,PG_5.MRNCT) =RM t aGtYER PLANE NADTE SYSTEM,
a3 (1 A1DGS SOUTH
WESTSIDE PARK(ALSO KNOWN AS WOOD AWN PARK) ZONE
1 �,/ OWNER Cats of CORPUS CHRISTI 0 30 60 90
S NM = MI= 1111M=1111111111111=
1 I Ell I= NM 111111111•111
TCEA OAK PARK AIR MONITORING _SITE
2
MAP TO ACCOMPANY FIEI.DNOTES 4>ti CITY of CORPUS CHRISTI. TEXAS
3N ►i.1 Capital Programsg 2 FOR A 4,924.77 SQUARE FOOT (0.119 ACRES) TRACT OF LAND OUT OF Survey Division
THAT REMAINING PORTION OF LOT 5, VOODLAVN BLOCK 2, A MAP OF367-826^3551
MOMIS RECORDED IN VOLUME 4. PAGE 5. MAP RECORDS OF
NVF.CES COUNTY, TEXAS AND ALSO BEING APART OP A TRACT Datr D/?J/70 f< O,eched Or RO/DN I SHEET I Cr t
LAND ACQUIRED By TRS CRY OP CORPUSman. TEXAS FUR PARK Owen B .trs Pmt£12013-MOOO(ARIV PAW-7CMO snr-21274
oPURPOSES PER DEED RECORDED IN VOLUMECD L 500. PAGE 140. D
L= RECORDS OF NUECB9 COUNTY. TEXAS x=1 + Y1a++mAVON-E1201J-WOOCLunr AVIK-Hem SITE-29/11
H ,TMH-E77a1J-1000LAMN FMK-TCCQ SITE'-20fAl p
E12013—Williams Park TCEQ Site
STATE OF TEXAS
COUNTY OF NUECES
BEING a tract of land containing 1,661.48 square feet(0.038 acres)of land out of a 14.0 acre tract described in deed
from The Bay View Cemetery Association to the City of Corpus Christy dated October 28,1925 and recorded In
Volume 156,Page 193,Deed Records of Nueces County,Texas;said 14.0 acre tract also known as Bayview Park and
Dr.H.J.Williams Park;This 1,661.48 square foot tract being more fully described by metes and bounds as follows:
Commencing at a 5/8 inch iron rod found at the intersection of the southeast boundary of Peabody Street,a 60 foot wide
public roadway with the southwest boundary of Dempsey Street,a 50 foot wide public roadway for the north corner of Lot 12,
Block 35,Hillcrest,a map of which is recorded in Volume 3,Page 29,Map Records of Nueces County,Texas;
Thence,with the northeast boundary of said Lot 12,same being the southwest boundary of said Dempsey Street,South
59°39'46"East,at 130.00 feet pass the east corner(no monumentation found or set)of said Lot 12,and continuing with the
easterly extension of said southwest boundary of Dempsey Street,in ail total distance of 203.82 feet;
Thence,North 29°43'28"East,a distance of 64.10 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for the Point
of Beginning of this description and for the west corner of this tract;
Thence,with the northwest boundary of this tract,North 29°43'28"East,a distance of 42.49 feet to a 5/8 inch iron rod with
City of Corpus Christi cap set for the north corner of this tract;
Thence,with the northeast boundary of this tract,South 58°13'16"East,a distance of 39.66 feet to a 5/8 inch iron rod with
City of Corpus Christi cap set for the east corner of this tract;
Thence,with the southeast boundary of this tract,South 30°i I'33^West,a distance of 41.70 feet ton drill hole set on a
concrete curb for the south corner of this tract;
Thence,with the southwest boundary of this tract,North 59°2 1'47"West,a distance of 39.30 feet to the Point of Beginning
and containing 1,661.48 square feet(0.038 acres)of land.
Bearings based on GPS bearings,Texas State Pane Coordinate System NAD83(1986),Texas South Zone.
STATE OF TEXAS
COUNTY OF NUECES
1,Russell D.Ochs,a Registered Professional Land Surveyor,hereby certify that the foregoing field notes were prepared by me
from a land survey made on the ground under my supervision.
This the 24th day of September,2014 0.F tF
D . �CO:Q� * �Fo Qs
�V�"`�"'' - RUSSELL 0. OCHS
Russell D.Ochs,R.P.L.S.
State of Texas License No.5241 "<'9a 5241
vt `cSs10• O r
K Ell gisemng1SurveyV'ROJEC1SVN.E120I3-WILLIAMS PARK-aAYVIEW-TCEQ SITE-20I4UN-EI2013-WILLIANIS PARK-BAYVIEW-TCEQ WE-20144N
Page I d
/<�c�
C9 0
is. n�' oo NOTE:
O SEE SHEET 2 OF 2
��0 ASPHALT
PrP (" O0, PARKING AREA-1FOR DIMENSIONS
, Q 6 ei. * AS�r FENCE NK 8'�C�
...
Gia o ST / CONC. 2. ,j'
• a
h corn d 2
.Q.�4u h° `F WALK--- A 4,C,A. ,:
i d
q� S `� ' \"�/) / CONC. PAD PICNIC TABLE WITH
\ .'� 'gts. Sr
i.
•
7 1p M4�� S!� ,• (......Nz......."T
;
l
kipI*
1it
&)0
;' ASPHALT
G_ k$ INS' r;
PARKING AREA
0) 'Ss
CV
......„1
c
v
g�4.^ CURB & CUTTER NI?)
•. GJJ -
�� 4 rye.
?yam
'��yQt3� 4
A JO o ON- DR. H.J. WILLIAMS PARK coNc.
�o�y� (BAYV1EW PARK) ���
�y''Q4,° / 0 40 80 120 ��„<ci
,.k....,,.,...
- MN 1111 111111111111111
i C7
TCEO WILLIAMS PARK AIR MONITORING $ITZr C1TY of CORPUS CHRISTI TEXAS
BEMYNCS SHOW ARE'BASED .f•i1 Capital Programs
MAP TO ACCOMPANY FIELDNOTES ON CRs BEARINGS, TEXAS surf
ie Ps we coo.owlrE srsrlru,
' ' Survey Division
FOR A 1,001.48 WANE FOOT (0.090 ACRE) TRACT OF LAND OAT Or PPI4083(1988), TEXAS SOUTH 361-826-J551
% A 14.0 ACRE TRACT DESCRIBED IN DEED FROM THE SAY VIEW tow. oaf. 9/TA/ZOrI '+ �': \ 151iEf7 r OF 2
I, 3 CCYITLNY ASSOCIATION TO THE CITY OF CORPUS CHR1 TI, DATW
g OCTOBER 710, 1926 AND RECORDED IN YOWIIE 160. PAGE 193, DEW pam 6y: J. mw.r x c wawa so+cn race ra.ur.
• 4 RECORDS OF NVECWS COUNTY, TEXAN: BALD 14.0 ACRE TRACT ALSO c1r»*rlwws5 +l+r-118013+iuw*War-anew-ran+rrr-+ou1
KNOWN AS DAMES PARK AND DR. 11.1. MD11AM8 PARK. .n.mvra-auwa W-a.nla-rmr urra014141
J4
•
....------„,...(SF 5/8" I.R. WITH
Y OF CORPUS
‘1/4) C2r) //^\\\\S CHRISTI CAP
flJ \ LT
�s
+ T .,
Ciy
-..../ r„ 76:%
F
� � Q- • \ �3' o
1 KQTg4� k } CHAINLINK `� `• 66, SET 5/8" I.R. WITH
K ,` -..------FENCE + '..s.... ..%'''....7
�R 0 'F CORPUS
i C.)�J ,�jcP
1 4-
� t
ry 4 ,
7, 661. 48 SQ.f 1. AQ) .'"
ar (a 038 AC.) „'.N• 4.
1 '"POINT OF , `
7 11 J } ` 4 h!. d1 w
a BEGINNING co
SET 5/8" I.R. WITH .� ,+
CITY OF CORPUS
CHRISTI CAP /,'}, /�
Y ,4) 4 m t. O `uv
/L •
O � , CSN
`` 0/ �• 6.,,C-1$J
CA.
J�J ,�� ASA 52),, G Q.
ssiii.
'117)4A4 T l'L ar �j
G' +�9 0 10 20 30
NI I•
SET DRILL HOLE
TCEQ WILLIAMS PARK AIR MONITORING SITS04 CITY of CORPUS CHRISTI. TEXAS
.14 MAP TTO ACCOMPANY FEELDNOTES BEARRASS SNOW ARE BASED Vis`•i Caplet)! Programs
. PLANE GOOROMTE STATE TEXAS tazetzs Survey Division
° FOR A 1,Eet.48 MARE TOOT (0,038 ACRE} TRACI or LAM OF NOW lrvael, TEXAS SOWN .767-826-3551
A 14.0 ACRE TRACT DESCRIBED R4 DEED FROM THE BAY VIER
ZONE.
t 1 CEMETERY ASSOCIATION TO THE CITY 0T CORPUS CHRISTI. DATED Dots 9/124/20(4 a K BY 1 S'*IT OF 2
2
' OCTOBER 25. ICES AND RECORDED IN VOLUME 15C, PAGE 103, DEED Dm„n ny.�.w n»is ru+ws nMyM.wcs pan arET 2
q RECORDS or NUECL9 COUNTY, TEXAS; SAID 14,0 ACRE TRACT ALSO p 0441 y µ.nmrf-suave m+r-«+xr-loco mr-tou1
KNOWN AS BAYVIEII PARK AND DR. NJ. WILLIAMS PARK. w4-01017-su,ua 1,,4.4ii,,1,,�y17.m1W.,,