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HomeMy WebLinkAboutC2008-073 - 3/11/2008 - ApprovedAmendment No. 1 to the Agreement of Sale The Trust for Public Land, a nonprofit California benefit corporation authorized to do business in Texas as TPL-Texas, Inc., which shall be referred to as "Seller" and the City of Corpus Christi, a Texas Municipal Corporation, which shall be referred to as "Buyer", agree to amend the Agreement of Sale authorized by Corpus Christi City Council an February i 2, 2008, as follows: 1. Section B of the Recitals Section is amended to read as follows: B. The George B. Gaines, Jr. Family Limited Partnership, LTD. ("Current Owner") is the owner of certain real property located in Nueces County, Texas consisting of approximately 48.91 acres and depicted on Exhibit A attached hereto and made a part hereo£ Said real property, together with any and all improvements, fixtures, timber, water andlor minerals located thereon and any and all rights appurtenant thereto including but not limited to timber rights, water rights, access rights and mineral rights shall be referred to in this Agreement as the "Froperty". The exact legal description of the Property shall be determined in accordance with Section 31 of this Agreement, and is attached as Exhibit B. 2. Exhibit A of the Agreement is replaced with revised Exhibit A, attached hereto and made a part hereof. 3. All other terms and conditions of the Agreement of Sale authorized by City Council on February 12, 2008 remain in effect. IN WITNESS of the foregoing provisions the parties have executed and delivered this Agreement as of the date set faith below. The effective date of this Amendment shall be the last date of execution by either of the parties to this Agreement. If a part returns this Agreement by facsimile machine, the signing party intends the copy of its authorized signature printed by the receiving facsimile machine to be its original signature. SELLER: THE TRUST FOR PUBLIC LAND By:(~j o~11~- I~ Title: p Date: 3 ~ D~ 4 b~-05'~ ,wrl~wc~ r~ ww~r« n~ 1 r r p$ 2008-073 03/11/08 ~-~.~ M2008-057 ~ Trust for Public Land BU R: CI Y F CORPUS CHRISTI By: Title: ~~(Cj~1.~~.s-N~~I~-~ ~~ Date: ~ ~~-~~~ Approved as to legal form: n'1~~ ~ ~. ~ ~ ,~~'~^~, ~RMW+lDO CRI~A ~ .. Cmr s~c~~rA~ LOT /9 j 561RE11'E iTP57' }~-_.- r______,_~~^ _l___~ ' C- aiJSf '~-"5 d±~KSiti#EU•dFi90.___ I NlTx'tW ____.._~.I Savar Lar 2 K w~r' e ~'~~ srt .~ ~~~ f21T'Oi'1/' w i61.t7 - \ ~--' LOT !6 SECT/ON 3/ LOT /?' 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[ ty ~ p ~ ~If1A1y~M~I1nPR~re~+tlMm~~el-i.~~. fails le.Y~11W WMw1 k ~ i Mn RL' ~SY'~`~~, ~ .. g ._ .~r.v.r~~~ n~ n.... a~~~•~v ~ } I p~St: lino ~x ~ LOT /9 o h ~4 _..... ]} - ~ ""'A" vn~!x I I ulu s~RSI: Jfl3: 516537 i ~ , _ 6 xa c4 G~ ~T . _._- ~ I CSN[f r I pry Ex fr 48.9 ACRES THE STATE OF TEXAS} THE COUNTY OF NUECES} BEING a 48.91 acre tract of land situated partially in Lots Three (3), Lnt Four (4), Lot Eleven (1 1) Lot Twelve (12}, Lot Seventeen (17), and Lat Eighteen (18), Section 32. Flour Bluff and Encinal Farm and Garden Tracts of record in Volume A, Page 41-43 of the Map Records of Nueces County, Texas, and being a portion of that certain tract of land conveyed by George 13. Gaines, Jr., et ux to The George B. Gaines, Jr. Family Isimited Partnership, LTD, according to Document Number 842209 of the Official Records of Nueces County, Texas, and a portion of that certain tract of land canveycd by George B. Gaines, Jr., et ux to The George B, Gaines, Jr. Family Limited Partnership, L`TD. according to Document Number 842210 of the Official Records of Nueces County, Texas, said 48.91 acre tract of land being more fully described by metes and bounds as follows: COMMENCING at a 518 inch diameter rehar (tirith }~cllnu• plutitic• cup stamped "URBAN SURYEYING, INC.) found marking the common corner of Section 27, Section 28, Sectian 31 and said Section 32, Flour Sluff and Encinal Fame and Garden Tracts, TIIF.NCE, South 61 deg. 22' 33" East, along the common line of said Sectian 31 and said Section 32, a distance of 1397.62 feat to 5/8 inch diameter steel rehar set to mark the north comer of the herein described tract and the POINT OF BEGINNING herein; THENCE. South 61 deg. 22' 33" East, continuing with the common line of Sectian 3] and Section 32, a distance of 958.01 feet to a 518 inch diameter steel rehar set to mark the beginning of a non-tangent curve to the right; T1~ENCE, with said curve to the right, having a radius of 1597.21 feet, interior angle of ] 0 deg. 49' S7", chord bears South 46 deg. 22' 26" East, 30 ] .52 feet, for an arc length of 30 ] .97 feet to a 518 inch diameter steel rehar found marking the northeast corner of the herein described tract; THENCE, South 28 deg. 38' 49" West, a distance of 2597.02 feet to a 518 inch diameter steel rehar found marking the south corner of the herein described tract; THENCE, North 61 deg. 20' 04" West, a distance of 740.05 feet to a 518 inch diameter steel rehar set to mark southwest corner of the herein described tract; THENCE, North 28 deg. 39` 56'' Fast, a distance of 165.00 feet to a 518 inch diameter steel rehar set to mark the beginning of a tangent curve to the right; THENCE, with said curve to the right, having a radius of 560.00 feet, interior angle of 17 deg. 17' S0", chord bears North 37 deg. 18' 41"East, 168.37 feet, far an arc length of 169.0] feet to a 518 inch diameter steel rehar set for its point of tangency; THENCE, North 45 deg. 57' 46" East, a distance of 507.29 feet to a 518 inch diameter steel rehar set to mark the beginning of a tangent curve to the left; THENCE, with said curve to the left, having a radius of 640A0 feet, interior angle of 37 deg. 13' 54", chord bears North 27 deg. 20' S0" East, 408.60 feet, for an arc length of 415.88 feet to a 518 inch diameter steel rehar set for its point of tangency; THENCE, North 08 deg. 43' S3" East, a distance of 487.73 feet to a 518 inch diameter steel rehar set to mark the beginning of a tangent curve to the left; ~X Ij ~5 y I ~{ v THENCE, with said curve to the Icft, having a radius of 640.00 feet, interior angle of 25 deg. 45' i 7", chord bears North 04 deg. OS' 46" West, 285.27 feet, far an arc length of 287.68 feet to a Sf8 inch diameter steel rebar set for its point of tangency; THENCE, North 17 deg. O1' 24" West, a distance of 261.19 feet to a S~8 inch diameter steel rebar set to mark the beginning of a tangent curve to the ri~!ht; THENCE, with said curve to the right, having a radius of 560.00 feet, interior angle of 45 deg. 35' 34", chord bears North OS deg. 46' 23" Fast, 433.95 feet, for an arc length of 445.6? feet to a S/8 inch diameter steel rebar set for its point of tangency; THENCE, North 28 deg. 34' 10" East, a distance of 169.32 feet to the POINT Oll: BEGINNING, CONTAINING within these metes and bounds a 48.91 acre tract of land, more or loss. Ali set SJS inch diameter steel rebar marked with yellow plastic cap stamped "URBAN SURVEYING, INC.". $earings based nn Texas State Plane Coordinate System (South lone) using City of Corpus Christi control monuments SP071 and SP 080 (Bearing from SP 071 to SP 080 is North 52 deg. 28' 26.49" West}. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supen~ision in December 2007 and are true and correct to the best of my knoyriL~ige and belief. Ur an Sur ying, Inc. J By. Terry Ruddick d2- ~ r Registered rofessional Land SurvE Texas Nn. 4943 516532-park 1Q~ ~~;O~r E ~ q~ R ,.~i,.......~,a........ t... TERgY T. gU~i31CK ...t.................ti... ~a ata43 ~ . _~ . , pct 2 ~F z.