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Home My WebLink AboutC2012-365 - 10/9/2012 - ApprovedLEASE OF REAL PROPERTY—EXTENSION STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: Date: September 11, 2012 Landlord: City of Corpus Christi Landlord's Address: 1201 Leopard St. Corpus Christi, TX 78401 Tenant: Texas Parks and Wildlife Department (TPWD) Tenant's Address: 4200 Smith School Road, Austin, TX, 78744 Premises: SURFACE ONLY of approximately 14105.99 acres of land, situated in San Patricio, Jim Wells, and Live Oak counties, Texas, as described in Exhibit A, less the tract described in Exhibit B ("Land"), known as Lake Corpus Christi State Park. Commencement Date: December 31, 1, 2012 Termination Date: December 31, 2052 Recitations: The original 99-year lease between the City of Corpus Christi and a predecessor agency to TPWD was authorized by City Council in Ordinance No. 457, and entered into on February 13, 1934, and is currently scheduled to expire in 2033. This lease was clarified and amended by agreement dated October 26, 1944, authorized by City Ordinance 1724. On November 29, 1944, authorized by City Ordinance No. 1742, the City of Corpus Christi, TPWD, and the Gulf Coast Council of the Boy Scouts of America (Boy Scouts) agreed to allow construction by the Boy Scouts of a permanent encampment of about 126 acres. By agreement dated April 8, 1957, Document No. 6500026, the area subleased by TPWD to the Boy Scouts was revised by providing additional acreage to compensate for an increase in the size of Lake Corpus Christi, said additional acreage is described on Exhibit C. 2012-365 10/09/12 Ord. 029639 Texas Parks and Wildlife Dept By agreement dated October 20, 1977, authorized by City Ordinance 13 944, 5.79 acres were removed from the lease between the City of Corpus Christi and TPWD. By agreement dated May 11, 1981, authorized by City Ordinance 16115, 1.23 acres were added to the lease between the City of Corpus Christi and TPWD. To enable the Boy Scouts to finance and construct improvements to their permanent encampment, with estimated value of $2.4 million in Phase 1, and $2 million in Phase 2 which is estimated to begin in 2013, and for the benefit provided by the improvements which serve as buffering area for the Lake, the City of Corpus Christi and TPWD desire to extend the lease until 2052. TPWD intends to extend the sublease to the Boy Scouts for the same duration. NOW THEREFORE, the City of Corpus Christi and TPWD agree as follows: 1. The lease of February 13, 1934, as clarified and amended by agreements between the City of Corpus Christi and TPWD dated October 26, 1944, October 20, 1977, and May 11, 1981, shall have an expiration date of December 3 2052, unless extended or terminated by agreement of the parties. 2. Except for the change in term of the lease, this agreement does not modify the conditions and reservations contained in the instruments referenced in the preceding paragraph. 3. Notice of this lease extension shall be published as provided in the City Charter. By: Its: Date: 10 . I I - ( -L- This instrument was acknowledged before me on x I( fl of AulhUt.... � w munrx.. 4&LL... ......... ( Z I C I � CW-TAV'w � , 20(?— , by Notary Publ Print Name: for the State of Texas. My commission expires: Date: !, � �7gr This instrument was acknowledged before me on -711 20 It,, by bM t -Ala PATRICIA VELA Notary Public, State 01 Texas My Commission Expires NOTARY WITHOUT BOND From Corpus Christi City Ordinance No. 1724: "2127.6 acres purchased by grantor herein from Wallis D. Wade, et ux, in three tracts, as follows: First Tract: 1426.3 acres out of a tract of 10,200.42 acre tract in Jim Wells County, Texas, being fully described in deed dated October 3, 1927, recorded in Vol. 88, Pages 151-154 of the Deed Records of San Patricio County, Texas. Second Tract: 379.3 acres out of an 832 acre tract in San Patricio County, Texas, being fully described in deed dated October 3, 1927, recorded in the Deed Records of San Patricio County, Texas, in Vol. 88, Pages 151-154. Third Tract: 322. acres out of the aforementioned 8' )2 acre tract in San Patricio County, Texas, being fully described in deed dated July 18, 1934, recorded in the Deed Records of San Patricio County, Texas, in Vol. 110, Pages 60 -61, Reference is made to the abovementioned original deeds and the records thereof for all purposes. ALSO, 164.89 acres, more or less, situated in San Patricio County, Texas, fully described in deed from J. A. Henderson to grantor herein, recorded in Vol. 93, Pages 77-78 of the Deed Records of San Patricio County, Texas, to which deed and the record thereof reference is made for all purposes. ALSO, 141.62 acres, more or less, situated in Live Oak County, Texas, fully described in deed from H. Roos and R. C. Roos to grantor herein, recorded in Vol. 29, Page 41 of the Deed Records of Live Oak County, Texas, to which deed and the record thereof reference is made for all purposes. ALSO, 11,676.44 acres, more or less, situated in Jim Wells, San Patricio, and Live Oak Counties, being the land under and adjacent to Lake Corpus Christi, easements on and over which were conveyed to grantor herein by various persons. Reference is made for all purposes to these said easements and the records thereof in the offices of the County Clerks of the three aforementioned counties of the State of Texas. The total of the above listed acreages is taken to be 14,110.55 acres." From Corpus Christi Ordinance 016115: Being part of a 1.2 acre tract out of Juan Miguel, Pedro and Nepomuceno Delgado 4 League Grant, Abstract No. 4 conveyed by S. Finley Ewing to James H. Ewing by Deed dated May 5, 1941, recorded in Volume 128, Page 53, Deed Records of San Patricio County, Texas, and being the same property Clyde D. Staves, by Deed dated May 17, 1960, recorded in Volume 255, Page 433, Deed Records of San Patricio County, Texas, and further being the same property as described in that certain Deed dated October 11, 1960, signed by Clyde D. Staves as Grantor to W.R. Hubler and Ed Byrne as Grantors to the City of Corpus Christi, Texas, which deed is recorded in Volume 635, Page 71-73 of the Deed Records of San Patricio County, Texas, to which reference is here made. EXHIBIT B (from Corpus Christi Ordinance No. 0 1 _ ) 944) FIELD NOTES for 5.79 acres of land out of a 65.5 acre tract of land conveyed to the City of Corpus Christi, from Arthur C. Jones dated August 24, 1934 and recorded in Volume 105, Pages 153, 154, Deed Records of San Patricio County, Texas; BEGINNING at the upper Southeast comer of said 65.5 acre tract for the Southeast comer of this tract; THENCE North 75' 14' 40" West, along an existing fence line on the boundary line of said 65.5 acre tract, 525.00 feet for the Southwest comer of this tract-, THENCE North 46' 11' 00" East 421.90 feet for a comer of this tract; THENCE North 66' 43' 35" East 378.63 feet for an inside comer of this tract; THENCE North 0' 08' 40" West 190.15 feet for a comer of this tract; THENCE North 13° 14' 15" West 91.05 feet for a comer of this tract; THENCE North 44' 52' 00" East 80.00 feet to a point on the North boundary line of said 65.5 acre tract for the Northwest comer of this tract; THENCE South 68' 50' 00" East, along said North boundary line, 99.43 feet for the Northeast comer of this tract; THENCE South 11" 27' 40" West 658.15 feet for a comer of this tract; THENCE South 31 ° 37' 20" West 270.08 feet to the POINT OF BEGINNING. Exhibit C From Corpus Christi City Ordinance 1742, and filed for record in San Patricio County Deed Recordds on February 21, 1945 in Vol. 141, pages 128-129: "City and [TPWD) lease to Boy Scouts, for their possession and use, approximately one hundred twenty-six (126) acres of land situated in San Patricio County, Texas, and being in the M. P. Delgado Survey, Abstract No. 4, and more definitely described as follows: Beginning at a point in the Northwest line of the said M. P. Delgado Survey, Abstract No. 4, which point is the West comer of the Lillian Schroeder tract; thence in a Southeasterly direction with the Lillian Schroeder Southwest line, two thousand (2,000) feet; thence in a Southwesterly direction and parallel with the Northwest line of the said M. P. Delgado Survey, Abstract No. 4, to the water's edge of Lake Corpus Christi, thence in a Northwesterly direction with the water's edge of Lake Corpus Christi to the point where the Northwest line of the M. P. Delgado Survey, Abstract No. 4, intersects with the water's edge of Lake Corpus Christi; thence in a Northwesterly direction with the Northwest line of the M. P. Delgado Survey, Abstract NO. 4, to the place of beginning. ZD Thereon with all improvements located theron or which may be placed thereon, for a period concurrent with the lease from the City of Corpus Christi, Texas, and the [TPWD]. From lease between Texas State Parks Board (predecesor agency to TPWD) and Gulf Coast Council Boy Scouts of America, executed April 8, 1957, and marked as Document 6500026 and 6500027: "Paragraph I of the original lease is hereby amended by adding tho the end of such paragraph the following: Also, the Board leases to Boy Scouts, for their possession and use, the following described land in the M. P. Delgado Survey, Abstract No. 4, to-wit: The Place of Beginning is NE comer of the approximately 126 acre tract of land originally leased to the Lessee and more particularly described in the lease dated 26 October 1944, above referred to as recorded in Volume 141, Pages 128-129, Deed Records of San Patricio County, Texas. Thence in a South Easterly direction in prolongation of the Northeast line of the original 126 acre tract, which original line was also the Lillian Schroeder Southwest line, 150 feet to a point; Thence in a Southwesterly direction and parallel with the Northwest Line of the M. P. Delgado Survey, Abstract No. 4, to the water's edge of Lake Corpus Christi; Thence, in a Northwesterly direction with the water's edge to the Southeast comer of the original 126 acre tract above referred to: Thence in a Northeasterly direction with the SE line of the said 126 acre tract, to the Place of Beginning."