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HomeMy WebLinkAbout021724 RES - 08/10/1993A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT FROM PADRE ISLAND PROPERTY OWNERS ASSOCIATION A PUBLIC PEDESTRIAN EASEMENT 12 FEET WIDE AND APPROXIMATELY 700 FEET LONG, OUT OF TRACT A2, 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 TRACT A2. 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 and 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 700 feet long, out of Tract A2, 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 Tract A2; 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. Al" ST: ando Chapa, City Secreta THE CITY OF CORPUS CHRISTI MAYO APPROVED THE 5TH DAY OF AUGUST, 1993 JAMES R. BRAY, CITY ATTORNEY By rbert J. Har st. City Attorney 93NH2889.033.ak 021724 MICRUFLLMEU EASEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL PERSONS BY THESE PRESENTS 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 .2 3 day of.1. 93NH2851.006.ak r r , 1993. Padre Island Property Owners Association By: By: Eliz P eth Pender Walker ert J. ' thard Executive Coordinator ACCEPTED FOR THE CITY OF CORPUS CHRISTI, a Texas Municipal Corporation, this day of , 1993. CITY OF CORPUS CHRISTI, TEXAS BY: APPROVED as to legal form this day of 93NH2851.006.ak 2 Juan Garza, City Manager , 1993. JAMES R. BRAY, JR., CITY ATTORNEY Norbert J. Assistant City Attorney STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this 23 day of JUN E 1993, by EI;onke4h P. Wacker , on behalf of said Association. STATE OF TEXAS COUNTY OF NUECES Notary Pylic, State of Texas MARY F=isru CARD in1ALE (typed or printed name) My commission expires: 1 i -l7- °4 This instrument was acknowledged before me on this ri day of ;J U 1.&E 1993, by Rjr-L J. SouThavcL, on behalf of said Association. MARY ELLEN CARDINALE Nohry Public STATE OF TEXAS MT Comm. Exp. Not 17.1994 STATE OF TEXAS COUNTY OF NUECES r1Y cute./ FQQvv.. Cwt.,d,,A,Q4 t, Notary Ptrblic, State of Texas MARY £LEEN[ CARDINALE (typed or printed name) My commission expires: I I-17-94- Thisinstrument 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 700 feet long easement, out of Tract A-2, Block 45, Padre Island - Corpus Christi, Section A, as shown on plat of record in Volume 35, page 15, 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 Tract A-2, and is bounded on the north by a line situated 12 -feet north of and parallel to the south boundary line of said Tract A-2. EXHIBIT B 12' WIDE EASEMENT MAP OF PORTION OF PADRE ISLAND CORPUS CHRISTI SECTION A Corpus Christi, Texas to day of The above resolution Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \forms\066 , 19 13 was passed by the following vote: OuT- ti 0 021724