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HomeMy WebLinkAboutC2009-063 - 2/24/2009 - ApprovedASSIGNMENT OF AGREEMENT OF SALE CITY OF CORPUS CHRISTI, a Texas municipal corporation ("Assignor"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby transfer, set-over and assign to Coastal Bend Bays & Estuaries Program, Inc., a Texas nonprofit corporation ("Assignee"), all of its right, title and interest in and to that certain Agreement of Sale between Assignor, as Buyer, and The Trust for Public Land, as Seller, relating to the+ 48.91 acres of real property in the County of Nueces, State of Texas legally described on Exhibit "A" attached hereto, which Agreement of Sale is incorporated herein by this reference. Assignee acknowledges receipt of a complete copy of the Agreement of Sale and Amendments Nos. 1 and 2 to the Agreement of Sale. By its acceptance of this Assignment, Assignee hereby covenants and agrees to perform all of the obligations of the Assignor under said Agreement of Sale. IN WITNESS WHEREOF, the undersigned have duly executed this Assignment as of the date set forth below. The effective date of this Assignment shall be the last date of execution by either of the parties to this Assigmnent. ASSIGNOR: ARMANDO CHAPP CI ~ ,~ ~„~~,,, H., ~~ ~ AU I HURIZEu DT COURCIL.,.s.`~F/~I~~ ~~SECRETARY ' CITY OF CORPUS CHRISTI By: ~ .~~a~,w el R. Escobar, City Manager Dated: ~ ~~J~I og ~~ Approved as to legal form this ~ 3 day of February, 2009 a0~„ ~4-,,, ,~~- Lisa Aguilar, Assistant City Attorney ASSIGNEE: 2009-063 M2009-047 02/24/09 COASTAL BEND PROGRAM, I By: Name: Robert B. V Title• President YS & ESTUARIES Dated: ~/ / ~CJC7 CB Bays & Estuaries Program EXHIBIT /°A" Leal Description See 2 page legal description attached hereto and made a part hereof 48.91 ACRF,S THE STATE OF TEXAS} 'f HE COUN'"fY OF NUECES} BEING a 48.91 acre tract of land situated partially in Lots Three (3), Lot Four (4), Lot Eleven (1 ]) Lot 'twelve (12), Lot Seventeen (17), and Lot 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 B. Gaines, Jr., et ux to The George B. Gaines, Jr. Family Limited Partnership. LTD. accordine to Document Number 842209 of the Official Records of Nueces County, Texas, and a portion of that certain tract of land conveyed by George B. Gaines, Jc, et ux to The George B. Gaines, Jr. Family Limited Partnership, I:tD. accordine 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 5/8 inch diameter rehar (~~itli i~e!!nw plastic cup stumped "(iRBAN SURVEY/NG, WC.') found markin_ the common corner of Section 27, Section 2R, Section 31 and said Section 32, Flour Bluff and Encinal Farm and Garden Tracts, TIIF,NCE, South 61 deg. 22' 33" East, along the common line of said Section 31 and said Section 32, a distance of 1397.62 feet to 5%8 inch diameter steel rcbar set to mark the north corner of the herein described tract and the POINT OF BEGINNING herein; THENCE, South 61 deg. 22' 33" Fast, continuing with the conunon line of Section 31 and Section 32, a distance of 958.01 feet to a 5%R inch diameter steel rehar set to mark the beginning of a non-tangent curve to the right, TfIENCE, with said curve to the right, having a radius of 159721 feet, interior angle of 10 deg. 49' S7", chord bears South 46 deg. 22' 2G" East, 301.52 feet, for an arc length of 301.97 feet to a 518 inch diameter steel rehar found marking the northeast corner of the herein described vact; THENCE, South 28 deg. 38' 49" West, a distance of 2197.02 feet to a ~'8 inch diameter steel rehar found markin~~ the south corner of the herein described tract; THENCE, North 61 deg. 20' 04" West, a distance of 740.05 feet to a 1;8 inch diameter steel rehar set to mark southwest corner of the herein described tract; THENCE, North 28 deg. 39' 16" East, a distance of 165.00 feet to a 5%8 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 960.00 feet, interior angle of 17 deg. 17' S0", chord bears North 37 dec. 18' 41" East, ] 68.37 leer, for an arc length of 169.01 feet to a 1/8 inch diameter steel rehar set for its point of tangency; THF.NCF., North 45 deg. 57' 46" East, a distance of 507.29 feet to a Sib 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 640.00 feet, inerior angle of 37 deg. 13' 14", chord bears North 27 deg. 20' S0" East, 408.60 feet, for an arc length of 415.88 feet to a 5!8 inch diameter steel rcbar set for its point of tangency; THENCE, North 08 deg. 43' S3" East, a distance of 487.73 feet to a 5%8 inch diameter steel rcbar set to mark the beginning of a tangent curve to the left; THENCF„ with said curve to the Icft, having a radius of 640.00 feet, interior angle of 25 deg. 45' 17", chord bears North 04 deg. OS' 46" Wcst. 285.27 feet, for an arc length of 287.68 1'cet to a 5,'8 inch diameter steel rebar set for its point of tangency; THENCE, North 17 deg. Ol' 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 right; 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" East. 433.95 feet, for an arc length of 445.(12 feet to a S/8 inch diameter steel rebar set for its point of tangency; THENCE, North 28 deg. 34' 10" Cast, a distance of 169.32 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 48.91 acre tract of land, more or less. All set S.8 inch diameter siccl rebar marked with yellow plastic cap stamped "URBAN SURVEYING, INC". Bearings based on Texas State Plane Coordinate System (South1_one) using City of Corpus Christi control monuments SP071 and SP 080 (Bearing from SP 071 to SP 080 is Noah 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 supervision in December 2007 and are we and correct to the best of my knoy~tf~ge and belief. _ t)F •r~ _._.. .~ Ur an Sur ying, Ina TEHHr t. nvvv~~n By. Terry Ruddick OZ-'LO "'t""'4943~~P~t~~~ Registered rofessional Land Surveyo <q~~:~Q' Texas No. 4943 ~ e„~~ S 16532-park