Loading...
HomeMy WebLinkAbout021723 RES - 08/10/1993A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT FROM PADRE ISLAND PROPERTY OWNERS ASSOCIATION A PUBLIC PEDESTRIAN EASEL! LENT 12 FEET WIDE AND APPROXIMATELY 500 FEET LONG, OUT OF LOT 13, BLOCK 45, PADRE ISLAND - CORPUS CHRISTI, SECTION A, WHICH IS BOUNDED ON THE NORTH BY A LINE SITUATED 12 FEET NORTH OF AND PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID LOT 13. WHEREAS, the Texas Natural Resources Code declares and affirms that a public policy of the State of Texas is that the public shall have free and unrestricted right of ingress and egress to and from state-owned beaches on the seaward shore of the Gulf of Mexico; WHEREAS, the Padre Island Property Owners Association desires to grant an easement to the City of Corpus Christi for public ingress and egress to state-owned beach area; and WHEREAS, the City Council has determined that the acceptance of the easement would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi an its. citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi accept the easement attached hereto and made a part of for all purposes as "Exhibit A." SECTION 2. That the City Manager or his designee is directed to accept from Padre Island Property Owners Association a public pedestrian easement 12 feet wide and approximately 500 feet long, out of Lot 13, Block 45, Padre Island - Corpus Christi, Section A, which is bounded on the north by a line situated 12 feet north of and parallel to the south boundary line of said Lot 13; provided that portion of the public beach within the City boundary and seaward of the Padre Island seawall is closed to vehicular traffic by City Ordinance. A C1 EST: Armando Chapa, City Se'.retary THE CITY OF CORPUS CHRISTI APPROVED THE 5TH DAY OF AUGUST, 1993 JAMES R. BRAY, CITY ATTORNEY ByY�l.. ' 7 orbert J. Hart Asst. City Attorney 93N1-12889.032.ak 021723 MICRQEILMED. EASEMENT AGREEMENT THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF NUECES That, Padre Island Property Owners Association, a Texas non-profit corporation, which together with its respective successors and assigns hereinafter called "Grantors", for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other good and valuable consideration in hand paid to Grantors, the receipt and sufficiency of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do hereby GRANT, SELL and CONVEY unto the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation duly incorporated under and by virtue of the laws of the State of Texas, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas, being described as follows: See the metes and bounds property description attached hereto and made a part hereof for all purposes as "Exhibit A"; See the map showing the location of the easement attached hereto and made a part hereof for all purposes as "Exhibit B"; Together with the free ingress, egress, and regress to and for the City of Corpus Christi, Texas, for public purposes including the right to build and use the herein granted easement for drainage and streets, roads, driveways, alleys, walks, gardens, lawns, planting or parking areas, and other like uses under, on, and along said property; provided that all utility uses shall be under said property. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives, for the proper use as an easement and right-of-way for so long as used for such purpose, and if the use for said easement and way of said uses be ever abandoned, then in that event, the aforesaid rights and privileges shall cease. Executed this .,Z 3 day of 93NH2851.006.ak , 1993. Padre Island Property Owners Association �.�ec., 1 • L0a1kct Elizbeth Pender Walker er• Walke By: Air Rol, -rt J. SI sChard Executive Coordinator ACCEPTED FOR THE CITY OF CORPUS CHRISTI, a Texas Municipal Corporation, this day of , 1993. CITY OF CORPUS CHRISTI, TEXAS BY: Juan Garza, City Manager APPROVED as to legal form this day of , 1993. JAMES R. BRAY, JR., CITY ATTORNEY 93NH2851.006.ak 2 Norbert J. art Assistant City Attorney STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this 23 day of 1993, by Ft,33k„t4, P.Wolk.. r , on behalf of said Association. MARY ELLEN CARD: N: + E Notary Pub:,c STATE OF TEXAS My Comm. Exp. Nov. 17, 1994 STATE OF TEXAS COUNTY OF NUECES Notary Public, State of Texas MARY �t LFN CART IIN4l F (typed or printed name) My commission expires: I l- 17 - 99 - This instrument was acknowledged before me on this 23 day of 1993, by Rolxrb 1. Soukharol , on behalf of said Association. MARY ELLEN CARDINALE Notary Public STATE OF TEXAS My Comm. EW. Nov. 17, 1994 STATE OF TEXAS COUNTY OF NUECES JU t.11: OL /2taublic, State of Texas MARY ELLEN CARDINAL -E. (typed or printed name) My commission expires: 11-17-94 This instrument was acknowledged before me on this day of 1993, by Juan Garza, of the City of Corpus Christi, a municipal corporation, on behalf of said municipal corporation. Notary Public, State of Texas (typed or printed name) My commission expires: 93NH2851.006.ak 3 EXHIBIT A A 12 -foot wide and approximately 500 feet long easement, out of Lot 13, Block 45, Padre Island - Corpus Christi, Section A, as shown on plat of record in Volume 33, pages 97-99, Nueces County plat records Nueces County, Texas, which tract is bounded on the east, south, and west by the east, south, and west boundary lines, respectively of said Lot 13 and bounded on the north by a line situated 12 feet north of and parallel to the south boundary line of said Lot 13. EXHIBIT B GULF OF MEXICO SECTION BOUNDARY /' /Cb.00' 1 /00.0/' 9 b h A20.00- /0 alMR /00. a/ /00. (/ • f ea/00.0/' 92.25' /00.0/" /0R0/ zn' BU/LO/N std'/stf)v - /00.00 /04 N p 0/ Z. /NE SO' AZ. _ 12' WIDE EASEMENT /0 c 0 /9 h WINDWARD DR. N 20'0000 'E 4,00•00-..014 Ina esd' SECT/ON OOUNAIRV MAP OF PORTION OF PADRE ISLAND CORPUS CHRISTI SECTION A Corpus Christi, Texas OC day of , 19 Q3 The above resolution was passed by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \forms\066 a aPY id od o 021723