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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