Ordinance No. 3,42220708 -5
ORDINANCE NO. 3422
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE LEASE OF LAND OWNED BY THE CITY
OF BAYTOWN, TEXAS, TO JERRY E. GOLDEN; DIRECTING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INSTRUMENT
LEASING SAID LAND TO JERRY E. GOLDEN, AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
WHEREAS, Jerry E. Golden, a resident of Baytown, residing
at 101 Bowie is desireous of leasing property adjacent to his
property; and
WHEREAS, the City of Baytown has certain property adjacent
to this location which is not being used and which is not under
fence and is known as McKinney Street, a dedicated street; and
WHEREAS, TEX.REV.CIV.STAT. art. 5421c -12 provides that
narrow strips of land and streets and alleys may be sold by the
City to abutting property owners without the necessity of pub-
location of notices and taking of bids; and
WHEREAS, TEX.REV.CIV.STAT. art. 5421c -12 further provides
that any conveyance, sale or trade made pursuant to the pro-
visions thereof shall never be made for less than the fair
market value of the land or interest in land being conveyed,
sold or traded as determined by an appraisal, which appraisal
shall be conclusive of the fair market value; and
WHEREAS, the Tax Collector of the City of Baytown has made
an appraisal of said property and has determined that the sum
of Eight and 33/100 (:8.33) Dollars per month would not be less
than the fair marked value for the lease of said property;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown,
hereby accepts the appraisal of the Tax Collector of the City
of Baytown which is attached hereto marked Exhibit "A ".
20708-5a
Section 2: That the City Council of the City of
Baytown, does hereby authorize the lease of Land owned by
the City of Baytown, described in the lease (Exhibit "B "),
attached hereto for the sum of Eight and 33/100 ($8.33)
Dollars per month to Jerry E. Golden.
Section 3: That the City Council of the City of Baytown
authorizes the Mayor and the City Clerk to execute and attest
to a lease of City owned property described in Exhibit "B"
attached hereto.
Section 4: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown this the 8th day
of July , 1982.
i!7ETT 0. H UT TO, . ayor
ATTEST:
�s
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, Cit ttorney
h
20708 -5b
L E A S E A G R E E M E N T
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
This Lease Agreement made and entered into by and be-
tween the City of Baytown, a Municipal Corporation, acting
herein by and through its duly authorized officers herein-
after referred to as LESSOR, and Jerry E. Golden, herein-
after referred to as LESSEE:
W I T N E S S E T H
I.
That LESSOR hereby leases and lets unto LESSEE the
following described tract of land, to -wit:
COMMENCING at the Northeast corner of Lot 6, Block 21,
of Jones Addition, a subdivision in Baytown, Harris
County, Texas, being the Point of Beginning;
THENCE, in an easterly direction continuing the front
property line of said Lot 6 a distance of approximately
40 feet to the centerline of 'AcKinney Street, a dedicated
street easement, to a point for corner;
THENCE, in a southerly direction running parallel to
the eastern boundary line of said Lot 6 a distance of
approximately 100 feet to a point for corner;
THENCE, in a westerly direction a distance of appro-
ximately 40 feet to the Southeast corner of said Lot 6
to a point for corner;
THENCE, in a northerly direction along the eastern
boundary line of Lot 6 a distance of approximately 100
feet to the Point of Beginning.
II.
The term of this Lease is for one (1) year, beginning
with the 15th day of July, 1982, and ending with the 14th
day of July 1983. LESSEE agrees to pay to the order of the
CITY OF BAYTOWN, as rent for said premises, the sum of One
Hundred & No /100 ($100.00) Dollars per year. The LESSOR
agrees that LESSEE shall have and is hereby granted four (4)
successive options to extend the term of this lease for one
20708 -5c
(1) year on each such option, such extended term to begin
respectively upon the expiration of the term of this Lease.
Payment is due in advance on July 15 of each year, and such
advance payment shall act to extend this Lease for the
option period.
III.
It is expressly agreed and understood that this Lease
only grants LESSEE the surface rights to said leased premises.
LESSEE also agrees that it will not sublet said premises with-
out the written consent of LESSOR.
IV.
It is further expressly agreed and understood that
LESSEE shall indemnify and hold harmless LESSOR against
each and every claim, demand or cause of action that may be
made or come against LESSEE by reason or in any way arising on
account of any act or omission of LESSEE, as tenant and occup-
ier of said premises.
V.
In the event either party shall wish to terminate this
lease, notice thereof, in writing shall be given to the other
party, thirty (30) days prior to the end of the lease term.
IN TESTIMONY WHEREOF, witness our hand this the
day of , 1982.
CITY OF BAYTOWN, LESSOR
B
1ME 0. TTO, mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City Attorney
JERRY E. GOLDEN