HomeMy WebLinkAbout022794 RES - 12/17/1996RESOLUTION
AUTHORIZING THE EXECUTION OF A SALE AND PURCHASE
AGREEMENT WITH ASSET DEVELOPMENT CORPORATION FOR THE
ACQUISITION OF CERTAIN PROPERTY ALONG THE SEAWALL ON
PADRE ISLAND FOR PUBLIC PARKING AND RELATED PUBLIC USES
AND INCLUDING THE ACQUISITION OF A PUBLIC ROADWAY
EASEMENT AND PEDESTRIAN NONCOMMERCIAL EASEMENT
RELATED THERETO; ESTABLISHING AN SEAWALL PARKING LOT
ACQUISITION FUND FOR THE ACCUMULATION OF THE PURCHASE
PRICE; AND AUTHORIZING THE CITY ENGINEER TO RECORD
CERTAIN FINDINGS IN COMPLIANCE WITH SECTION 61.017(c) OF THE
TEXAS NATURAL RESOURCES CODE.
WHEREAS, the seawall on Padre Island in Corpus Christi was constructed prior to 1970
for the purpose of establishing a clear boundary line between the public beach and the private
property at the top of the seawall; and
WHEREAS, due to interpretation of a court judgment entered in 1974 in the 28th Judicial
District Court of Nueces County, Texas and changes in beach conditions, an uncertainty has arisen
concerning the proper boundary of the public beach and easement in the area of the seawall; and
WHEREAS, the uncertainty conceming the boundary of the public beach and easement has
brought about a cessation of the development of any of the property along the seawall and property
appraisals for the land along the seawall have drastically declined due to this uncertainty; and
WHEREAS, the Texas Legislature enacted Section 61.017(c) of the Texas Natural
Resources Code, Chapter 593, Acts of the 74th Legislature, Regular Session, 1995, allowing cities
such as Corpus Christi a procedure to clarify land title issues conceming seawalls such as the seawall
located in Corpus Christi by acquiring certain public parking areas and assuring public roadway
access at both ends of the seawall;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager is authorized to execute the Sale and Purchase Agreement
in substantial form as attached hereto as Exhibit A and take such other actions as may be necessary
or advisable in connection with closing the transactions provided therein.
SECTION 2. A "Seawall Parking Lot Acquisition Fund" is hereby established for the
purposes of collecting the assessments levied by the abutting property owners along the seawall upon
themselves in order to raise the funds necessary for the acquisition of the Property by the City
96NH2850.501
022794
MICROFILMEt,
pursuant to the Sale and Purchase Agreement. The terms and conditions of such assessments shall
be as mutually determined by the City Manager and the abutting property owners.
SECTION 3. The City Engineer is authorized to execute and file for record in the Official
Public Records ofNueces County, Texas a certificate substantially in the form attached as Exhibit B
for the purposes of assisting in the determination of compliance of the above seawall and the
transactions described herein with Section 61.017(c) of the Texas Natural Resources Code,
Chapter 593, Acts of the 74th Legislature, Regular Session, 1995.
ATTEST:
City Secretary—art./ / MAYOR
THE CITY F CORPUS CHRISTI
APPROVED: 13TH DAY OF DECEMBER, 1996
JAMES R. BRAY, JR., CITY ATTORNEY
By
rbert J. Hart
Assistant City Attorney
96NH2850.501 2
Corpus Christi, Texas
/A day ofltC/Jfl iti) , 19 9(0
The above resolution was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
dtu
022794