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Home My WebLink About17437 ORD - 01/19/1983TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT OF PARK AGREEMENT BETWEEN PADRE ISLAND PROPERTY OWNERS' ASSO- CIATION AND PADRE ISLAND INVESTMENT ASSOCIATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute Amendment of Park Agreement between Padre Island Property Owners' Association and Padre Island Investment Association, specifically establish- ing a future lease between the City and Padre Island Property Owners' Asso- ciation, a substantial copy of which Amendment of Park Agreement is attached hereto, marked Exhibit "A". 74.31.7 SEP 2 81984 MICROFILMED SLI / IU/ Vu (-// OZ. AMENDMENT OF PARK AGREEMENT WHEREAS, by instrument titled "Park Agreement" and dated October 15, 1968, Padre Island Investment Corporation, a Texas corporation, hereinafter called "Padre", and the City of Corpus Christi, Texas, hereinafter called "City", entered into an agreement whereby Padre agreed that in the future it would convey to City and dedicate to the public for park purposes certain lands located within the Padre Island -Corpus Christi subdivision; and WHEREAS, since the date of said Park Agreement, Padre has conveyed such park lands to Padre Isles Property Owners' Association, Inc., hereinafter re- ferred to as "POA/', a non-profit Texas corporation owned by the various owners of property within the subdivision and charged with the responsibility of car- ing for the commonly owned property in the subdivision and the carrying out and enforcing of the Protective Covenants of the subdivision with the proviso that upon the City's compliance with the Park Agreement, the POA would then convey said park lands to the City; and WHEREAS, the POA is desirous of using a portion of said park lands, the same being a portion of Lot 1, Block 11, Padre Island -Corpus Christi -Ports O'Call for the purpose of constructing thereon a small one story office and meeting room building and parking area to be used by the POA for the overall benefit of the property owners of the subdivision; and " WHEREAS, the City is agreeable to said use by the POA on a lease basis; NOW, THEREFORE, PREMISES CONSIDERED, for and in consideration of good and adequate consideration flowing from each to the other, Padre, City and POA hereby covenant and agree as follows: The Park Agreement dated October 15, 1968, as hereinabove described, is hereby amended in the following particulars: That the POA may at its cost, construct a small one story office and meeting room building on the hereinafter described portion of Lot 1, Block 11, Padre Island -Corpus Christi -Ports O'Call; and That at such time as the POA conveys to the City the park land de- scribed in said Park Agreement, the City will at the same time, as a partial consideration for such conveyance, lease to the POA that certain 20,195.0 PRICHARD, PEELER, CARTWRIGHT & HALL ATTORNEYS AT LAW SUITE I BANK CORPUS CHRISTI/ PLAZA TEXAS713475 square feet of land (0.46 acres) out of the Northwest end of Lot 1, Block 11, Padre Island -Corpus Christi -Ports O'Call, as shown by the map of same which is recorded in Volume 38, Pages 62 thru 68, Map Records of Nueces County, Texas, as more particularly described by fieldnotes as set out on Exhibit "A" attached hereto and made a part hereof; and That said lease from the City to the POA shall be for a primary term of five (5) years, with a specified rental of One Dollar ($1.00) per year. That said lease will be renewable, at the option of the POA, for any number of suc- cessive terms of five (5) years at the same rental, provided that said improve- ments are maintained in a reasonably satisfactory condition and provided that the POA continues to use said land and improvements for its official purposes for the overall benefit of the property owners of the subdivision; and That, other than amended hereby, said Park Agreement shall remain in full force and effect. This Amendment and said Park Agreement as hereby amended shall be bind- ing upon the parties hereto, their successors and assigns, and may be specifi- cally enforced by any party hereto, its successors or assigns. In addition, the provisions hereof shall be covenants running with the land and shall be binding upon Padre, POA, or any successor in interest to any of such park areas. Dated December ?'9 , 1982. PADRE ISLES PROPERTY ASSOCIATION, INC. By: PADRE ISL (PADRE) By: V c;L._ President D INV STME CORATION /7, ent Attest: CITY OF CORPUS CHRISTI, TEXAS (CITY) By: City Secretary City Manager Approved as to legal form this day of , 198 City Attorney -2- Li RA ENGINEERING CORPUS CHRISTI, TEXAS P. O. BOX 6355, 2725 SWANTNER CORPUS CHRISTI, TEXAS 78411 PHONE 854-3101 November 30, 1982 STATE OF TEXAS COUNTY OF NUECES Job No. 17808.05 FIELDNOTES for 20,195.0 square feet of land (0.46 acres) out of the Northwest end of Lot 1, Block 11, Padre Island -Corpus Christi- Ports O'Call, a map of which is recorded in Volume 38, Pages 62 thru 68, Map Records of Nueces County, Texas: BEGINNING at the point of tangency of a circular curve to the left whose radius point bears South 01°16'30" West 10.00 feet at the Northwest end of this tract from which corner the point of intersection of the West projection of the South boundary line of Fortuna Bay Drive and the North projection of the East boundary line of Mont Pelee Drive bears North 88°43'30" West 10.00 feet; THENCE South 88°43'30" East, along the South boundary line of Fortuna Bay Drive, 134.25 feet to a point for the Northeast corner of this tract; THENCE South 28°30'20" West, leaving said South line, with the Southeast line of an existing 10.00 foot wide drainage easement, 315.24 feet to a point on the aforementioned East boundary line of Mont Pelee Drive for the Southwest corner of this tract; THENCE North 01°16'30" East, along the above mentioned East line, 270.31 feet to the point of curvature of a circular curve to the right 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 curve to the right, I5.71 feet to the POINT OF BEGINNING. URBAN ENGINEERING Eugen Urban, R.P.S. Exhibit "A" That the foregoing ordinance as read fo he first time and gqued to its second reading on this theday of , 19/1 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was read for t second time and pa sed to its third reading on this the /.4? day of , 19,85 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinanc was read for the tJ�,)rd time and passed finally on this the 7t day of , 1• 3.3, by the following vote: Luther Jones _ a . ' Betty N. Turner I. / Jack K. Dumphy I!. / Bob Gulley._ Herbert L. Hawkins, Jr. ,s A /i / Dr. Charles W. Kennedy / 4,Li 1 Cliff Zarsky ' / QQ�� PASSED AND APPROVED, this the / 9 day of 1 /i„ /, Imo/ , 19 U� ATTEST: / / Ci. Secretary AP ED: DAY OF J. BRUCE AYCOCK, CITY ATTORNE By 19 83 MAYO THE C Y OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE'OF TEXAS, lss: County of Nueces. J 11857001 CITY OF CORPUS CHRISTI ,"') Before me, the undersigned, a Notary Public. this day personally came. ANNA GARZA who being first duly sworn, according to law, says that he is the ______._A&OVATI iG CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the.. 17 de. of.. JANUARY 19 8., and once each DAY _.__.thereafter far ONE a consecutive DAY ....... _...._._.___._ ONE 25.20 ANNA GARZA ACCT CLERK Ea./ 24, Subscribed and sworn to before me thi,... 1 5th _ day of _ MAR CH f EUGENIA S. CORTEZ N6tary Ij1blic, Nueces County, T a +NOTICE OF PASSAGE ;y,....OF ORDINANCE" ON SECO1I13 READING AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT OF PARK AGREEMENT BETWEEN PADRE ISLAND PROPER- .1" V OWNERS' 4• ASSOCIATION AND PA- DRE ISLAND INVESTMENT ASSOCIA- TION. -- Was passed on second reading by the City Council of the City of Corpus Chris• ti, Texas on the 12th day of January, 1983, previously passed on first reading on January 5, 1983. The full text of said ordinance Is available to the public in the Office of the City Secre- tary. -s-Bill G. Read City Secretary, Corpus Christi, - 4 ,..NOTICE OF PASSAGE 1s i.,OF.ORDINANCE'" ON SECJND READING AUTHORIZIKG THE CITY MANAGER TO EXECUTE AMENDMENT OF PARK AGREEMENT BETWEEN ISLAND PROPER- 'T TV OWNERS' ••. ASSOCIATION AND PA- DRE ISLAND INVESTMENT ASSOCIA- • TION Was passed on.second reading by the City Council of the City of Corpus Chris- ti, Texas an the 12th day of January, 1983, previously , passed on first reading on January 5, 1983 The full text of said ordinance is available to the public in the Office of the City Secre- tary. -s-8111 G. Read City Secretary, , Corpus Christir PUBLISHER'S AFFIDAVIT STATE IOF TEXAS, Couniy of Nueces. #857001 CITY OF CORPUS CHRISTI /) ,"') Before me, the undersigned, a Notary Public, this day personally came. ANNA GARZA — ., who being first duly sworn, according to law, says that he is the ___ G,MIJJ TING CLERK of the Corpus Christi Caller and The Corpus Christi limes, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the_ 17 ONE day o•f . JANUARY 19 83 and once each DAY thereafter for consecutive DAY ONE Times. 25.20 ANNA GARZA ACCT CLERK .g/x72-2di e 15th MARCH 83 Subscribed and sworn to before me this .—.._.day of19 EUGENIA S. CORTEZ • N6tary lir; Nueces County, Te:bs N TICS OF1. " pORDA SAGEINANOK �,yitt CE ON FIRST READING Ty MAT'AGERING TO EXECUTE ME (AGREEMENT BETWEEN PADRE ISLAND rP NOERS' TY ASSOCIATION A5NO PA NDRE INVESTMENT ASSOCIA- TION. py the Ci Y Cound on scilr ofd the City of CtheusSChr�daY eof January. 1983. The full text of said ordinance. is evail- ablOfflce of the o the Clty Secretary. /sABdl G. Reed City?., Texas Corpus Christi, T r. STATE OF i XAS, County of Nueces. }6S: PUBLISHER'S AFFIDAVIT #28862 CITY OF CORPUS CHRISTI Before me, the undersigned, a Notary Public, this day personally came. ANNA GARZA 1'1(13 who being first duly sworn, according to law, says ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZIEG,_x-,-, wbich the annexed is a true CORPUS CHRISTI CALL of copy. was published in on the1 O ._ day of. JANUARY 1983., and once each......... --.......thereafter for consecutive. DAY..... _. _ONE ._....-_._Times. 4_22.50 ANNA GARZA ACCT CLERK 15 FEBRUARY 83 Subscribed and sworn to before me EUGENIA S. CORTEZ tiG , Notary yti, tic, Nueces County, Tex that he is the Christi "[Imes. publication of ER -TIMES ONE ,r