HomeMy WebLinkAboutEasement EASEMENT DEDICATION SHEET
To be filled in and submitted with construction plans and specifications for preliminary review
(Not to be used where City is purchasing property)
THIS SECTION TO BE COMPLETED BY CITY STAFF
PROCESSED BY: DEPT. EXT.
REQUESTED BY: _ DEPT. EXT.
ACCOUNT NO. PROJECT NO.
(For ordering title work,appraisals,etc.)
TYPE OF EASEMENT:
Public Utilities (PUE) Temporary Blanket PUE Electric Only
(prior to building permit) `—*:::.„
Water Only
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PURPOSE FOR EASEMENT: �ror,�,, Vw�G.. ` �^
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REVIEW AND APPROVAL REQUIRED/GIVEN BY THE FOLLOWING DEPARTMENTS:
Approval Required By: Electric Approval Given By: Electric
(please initial) Water/WW (please initial) Water/WW
f>. Asst. City Engineer TWILY Asst. City Engineer
Public Works Public Works
METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY:
City Staff-Name/Dept.)
THIS SECTION TO BE COMPLETED BY APPLICANT
PROPERTY OWNER(S): (1,r &.r--i- 1%r
(Names must be exactly as they appear on the deed)
ADDRESS: 1k'n '1--)A.( f( RSV \()i PHONE NUMBER: -)q" Vitc"'),()1
e l�l�r\Q Sti3-!N b A l . '1)CO-IS
ALL LENDERS (Please furnish copies of all lien documents): (Names and Addresses)
IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see#5 below):
1. State of Incorporation/Registration TQl►-VS
2. Partners' Names (if applicable) N Q0E)o'T E 9 g n ty
3. Person Authorized to Sign I44.4' f?'ler°) T'if n1kCY
(Name and Title)
LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING:
G (Please check items that are attached)
,�
� I1t._A copy of a recent(within 90 days)deed or title insurance policy showing the names of the grantors/owners;and
_ 2. For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property
showing the location of the easement;or
3. For platted property,a copy of the plat showing the lot,block,subdivision,and recording information.
yFor blanket easements,a signed,sealed and dated metes and bounds description and a diagram of the property.
5.Z)orporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf
of the corporation,partnership,or joint venture.
6. Name,address and phone number of person who is to receive the easement and be responsible for getting it executed:
Any land acquisition resulting from Capital Improvement Projects requires a meeting with the Legal Department.
nslo:Ideve_serlapplications120031easement dedication.doc
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OPERATING AGREEMENT
OF
GOLDEN KEYS INVESTMENTS,LLC
This Agreement,dated as of July 1,2003,is between the following parties:
1. Herbert Booker(the "Member"), an individual, a resident of the State of Texas, whose
address is 1400 Harper's Ferry Rd.,College Station,Texas 77845;and
2. Golden Keys Investments,LLC(the"LLC"),an LLC formed and existing under the laws
of the State of Texas, with its principal place of business at 1400 Harper's Ferry Rd.,
College Station,Texas 77845.
BACKGROUND
1. On July 1,2003 the Member filed with the Secretary of State of the State of Texas the Articles of
Organization of the LLC(the"Articles"). A copy of the Articles is attached as Exhibit"A".
2. On that date,the Secretary accepted the Articles for filing and the LLC was formed as a limited
liability company under the Limited Liability Company Act(the"LLC Act")of Texas.
3. This Agreement confirms the agreement between the parties as to the internal affairs of the LLC
and the conduct of its business.
TERMS AND CONDITIONS
Intending to be legally bound,the parties agree as follows:
ARTICLE 1
PRELIMINARY MA ITERS: EFFECTIVE DATE OF AGREEMENT,FORMATION OF LLC,INITIAL
MEMBERS,ADMINISTRATION,ETC.
1.1 Effective date of Agreement;enforceability. The effective date of this Agreement(the"Effective
Date")shall be the date of filing of the Articles.
1.2 LLC's name,purpose,etc. The LLC's name,purpose,registered agent,registered office,duration
and form of management shall be as set forth in the Articles.
1.3 Reservation of management of LLC to the Member. The management of the LLC is reserved
to the Member.
ARTICLE 2
CAPITAL CONTRIBUTIONS AND LOANS
2.1 Contributions of cash and non-cash property. Promptly after the parties have signed and dated
this Agreement,the Member shall transfer to the LLC as the sole and entire consideration for the Member's
membership in the LLC(the Member's"Membership")the amount of cash and the items of property identified
in the attached Exhibit"B" (the"Contribution").
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2.2 No duty to make additional contributions. Except for the Contribution,the Member shall have
no duty to make contributions to the LLC.
ARTICLE 3
ALLOCATIONS AND DISTRIBUTIONS OF LLC ASSETS
Whether the LLC shall distribute its cash or other assets to the Member and the amount and timing
of any such distribution shall be within the sole discretion of the Member.
ARTICLE 4
LLC MANAGEMENT AND DECISION-MAKING,ETC.
4.1 Contract authority. Except as provided in Article 4.4,the Member shall have the exclusive right,
power and authority to sign contracts on behalf of the LLC and otherwise to bind the LLC in dealings with
third parties.
4.2 LLC decision-making. Except as provided in Article 4.4, the Member in the Member's sole
discretion shall have the exclusive right to make decisions concerning the internal affairs of the LLC and the
conduct of its business.
4.3 Fiduciary duties of Member. The Member as member of the LLC shall have no fiduciary duty
toward the LLC,including any duty of care or loyalty.
4.4 Management in event of Member's absence, etc . In the event of the Member's absence or
disability or if the Member so provides in writing and to the extent so provided,the LLC shall be managed by
the person identified in the attached Exhibit"C".
4.5 Indemnification of Member. The LLC shall fully indemnify the Member for any claim against
the Member in the Member's capacity as a member.
4.6 Advancement of Member's litigation expenses. The LLC shall advance litigation expenses to
the Member for any claim against the Member in the Member's capacity as a member.
ARTICLE 5
TRANSFERS AND PLEDGES OF LLC MEMBERSHIPS AND INTERESTS;PLEDGES
5.1 Transfers. The Member in the Member's sole discretion may transfer(whether by sale,gift or
otherwise)all or any portion of the Member's membership rights,including economic and non-economic rights,
to any person at any time. The Member may make any such transfer under any terms and conditions which
the Member deems appropriate.
5.2 Transfer of Member's membership upon Member's death. Upon the Member's death:
a. The Member's membership rights shall be transferred as provided in the Member's
will or other testamentary documents,or,in the absence of any such documents,by
the laws of descent and distribution.
b. The Member's successor as member shall immediately be vested with all of the
Member's rights,authority and power as a member of the LLC.
5.3 Pledges. The Member shall have exclusive and absolute discretion to pledge all or any portion
of the Member's membership rights to any person at any time as collateral for any debt of the Member. The
Member may make any such pledge under any terms and conditions which the Member deems appropriate.
ARTICLE 6
CESSATION OF MEMBER'S MEMBERSHIP
The Member shall cease to be a member of the LLC only upon the Member's death and shall not cease
to be a member for any other reason,including:
a. A judicial declaration that the Member is incompetent;
b. The Member's bankruptcy;
c. The Member's assignment of the Member's entire LLC interest to another person.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Entire agreement. This Agreement contains the entire agreement between the parties concerning
its subject matter,and it replaces all earlier agreements between them,whether written or oral,concerning its
subject matter.
7.2 Amendments. No amendment of this Agreement shall be valid unless it is set forth in a writing
signed by both parties.
7.3 Notices. All notices under this Agreement shall be in writing. They shall be sent by fax or by
registered U.S.mail,return receipt requested,to the parties at their respective addresses as stated on the first
page of this Agreement. A party may change the party's address for purposes of this Article 7.3 at any time
upon reasonable notice to the other parties. Notices shall be deemed to have been received when actually
received.
7.4 Governing law. This Agreement shall be governed exclusively by the laws of the State of Texas
(exclusive of its laws relating to conflicts of law).
7.5 Captions. Captions in this Agreement are for convenience only and shall be deemed irrelevant
in construing its provisions.
7.6 Incorporation of Articles etc . The Articles and all exhibits referred to in this Agreement are
hereby incorporated in the Agreement and made an integral part of it.
SIGNATURES AND DATES
In witness of their acceptance of the above terms and conditions,the parties by themselves or by their
duly authorized representatives have signed and dated this Agreement as follows:
Operating Agreement Page 3
Date: July 1, 2003 MEM R:
1 \\,(64\
HERBERT BOOKER
NOTARIZATION
I,Nicole Menchaca,a duly authorized notary public,have this ls`day of July, 2003,witnessed the
signature of this Agreement by Herbert Booker,who is personally known to me.
jAlAkAtilMAC' `Ww
Notary Public
4; '
NICOLE MENCHACA
i47- 1y* Notary Public.State of Texas
*\)S
My Commission ExpiresI
r, � 1.: JULY 5,2006 I
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Operating Agreement Page 4
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06/20/07 15:12 FAX 9797311381 BRAZOS COUNTY ABSTRACT al 001
GF No. 145834
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BRAZOS COUNTY ABSTRACT COMPANY does hereby certify that we have examined the
records in the office of the Clerk of the County Court of Brazos County,Texas, affecting the title to
the said property described below from March 12,2004;
Being all that certain lot, tract or parcel of land lying and being situated in Brazos
County, Texas and being Lot Eight E (8-E), Block "0", ASHFORD SQUARE, an
addition to the City of College Station,Texas,according to replat recorded In Volume
4354, page 162, Official Records of Brazos County,Texas.
We find the following actions or conveyances affecting the title to said land (specifically
excluding any conveyances respecting mineral estate)through June 18,2007 Q 8:00 A.M.:
Warranty Deed with Vendor's Lien dated executed by March 12, 2004 to Mariott
Homes, Inc., recorded in Volume 5919, page 95, Official Records of Brazos County,
Texas.
Deed of Trust dated February 12,2004,executed by Golden Keys Investments,LLC to
Tom Wilkinson,Jr.,Trustee for the benefit of Brazos Valley Council of Governments
Revolving Loan Fund,in the principal amount of$70,000.00,recorded in Volume 5868,
page 252,Official Records of Brazos County,Texas,and subordinated in agreement
dated February 12, 2004, recorded in Volume 5934, page 37, Official Records of
Brazos, Texas. (Lots 8D & 6E)
Deed of Trust,Security Agreement,Fixtures,Financing Statement and Assignment of
Rents and Leases dated March 12,2004,executed by Golden Keys Investments,LLC
to Robert K. Nordhaus, Trustee for the benefit of First American Bank, SSB, in the
principal amount of$153,300.00,recorded in Volume 5918,page 98,Official Records
of Brazos County,Texas.
We do not certify as to property taxes.
This certificate is for informational purposes only and the information contained
herein shall not be relied on in the issuance of any title insurance policy. The liabilityof
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06/20/07 15:12 FAX 9797311381 BRAZOS COUNTY ABSTRACT Z002
Brazos County Abstract Company in this connection is limited to $0.00, being the charge
made for this certificate.
WITNESS OUR HAND at Bryan, Texas, June 19, 2007 at 8:00 a.m.
BRAZOS COUNTY ABSTRACT COMPANY
dei
-_ J
,JTNE VAN ETTEN
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EXHIBIT C
SUBSTITUTE MANAGER IN EVENT OF MEMBER'S DISABILITY,ETC.
In the event of the Member's absence or disability and to the extent provided by the Member in
writing,the LLC shall be managed by the following person:
Name: Jacqualine Booker
Address: 1400 Harper's Ferry Rd.,College Station,Texas 77845
Telephone: (979)690-3611