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Home My WebLink AboutLegal Documents ... brazosland realty services, inc. 3610 E. 29/ Bryan, Tx. 77801 /713-846-5735 marketing · development · management November 5, 1980 . Mrs. Patricia Putz Burr Route 2, Box 354 Alvin, Texas 77511 Dear Mrs. Burr: A site plan for the rezoning of your property for higher density use has been prepared by Building Crafts, Inc. A copy is enclosed. We are very .close to submitting the "Application for Zone Change" but in order that we may save you a trip up here we need a letter stating that a contract to convey the property from you to Building Crafts, Inc., has been ~greed to and that Mr. Anthony J. Caporina, President of Building Crafts, Inc., has your permission to represent you in matters pertaining to the platting and rezoning of your property. If you are agreeable please send us a notarized letter as soon as possible. There are also about 35 property owners within 200 feet of your tract of land and we will handle the notification to them for you as we discussed earlier. There are three attachments to this letter. One is a copy of the site plan. Two is a copy of the "Application for Zone change"~ You do not have to fill this out. It is only for your information. And, three is a copy of a sample letter you might choose to ~~ite, have notarized and return to us. Many thanks in advance for your prompt attention to this matter. Very truly yours, JEC:ks Encsll / MLS m RtALlote FLI ~ bral~~at\d realty services, inc. 3610 E. 29 / Bryan, Tx. 77801 /713-846-5735 marketing · development · management Date: TO WlIOM IT MAY' CONCERN: Please be advised that I have entered into an agreement to sell a tract of land that I own to Building Crafts, Inc., Bryan, Texas. The property consists of 13.54 acres more or less, located in the Richard Carter League, City of College Station, County of Brazos, State of Texas and is duly described as set forth in Volume 287, Page 811, dated August 4., 1970 of the records of the County of Brazos, Bryan, Texas. Mr. Anthony J. Caporina, President of Building Crafts, Inc., or his representative, has power of attorney to represent me in matters pertaining to an "Application for Zone Change'" and subsequent platting or rezoning of~S property so long as our contractual'; agreement is in force. Very truly yours, . Patricia Putz Burr State of Texas ) County of ) BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared" Patricia Putz Burr known to me to be the.:'person whose name is subscribed to the foregoing instrument and acknowledged to -me that she executed the same for -the purposes and cons-ideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1980, (SEAL) Notary Public in and for County', Texas My commission expires MLS m ItlAlloa. FLI ~ .. ~ BLLXt C'((A~ ., ... FARM AND LAND - ~~~.~,~ EARNEST MONEY CONTRACT NOTICE In accordance with the La w this property is offered wUhout respect to race, color, aoed. leX Of national oriJin. THIS IS LEGALLY BINDING CONTRACT, IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. .LLLER Patricia Putz Burr He(eby-s~lli-;nd agrees to convey In accordance with t he terms of this contract to :': q:';CHASER ___---~uild~Cr?fts~ ,Tne. V"ihL, agree.s to purchase upon the-terms C\nd provisions hereof; T tIe foHowlng described property consisting of ~. 54 acres more or les5, located in Texas Brazos County. ,:dte at Located in the Richard Carter League, College Station, Texas, at the northeast corner of Tarrow and Lincoln Streets. Said property is duly described as set forth in Vol. 287, page 811, dated August 4, 1970 of the records of the County of Brazos, Bryan, Texas. ",,:I,dI119 tne toHowing rVlineral Rights, or reservations, and subject to the following Oil and Gas; Hunting, Grazing, or other leases: Seller retains all minerals which may be drilled, mined, pumped or extracted in any manner or process other than strip or open pit. Any mineral lease shall be for subsurface pooling purpose only. Lessor shall not have any rights for ingress or egress. _, ,d(!r n igt)ts iHld Crops to be a part of this sale: N/A if"" ,"Jcidnery. and otller personal property to be conveyed by a Bill of Sale, that is included in this transaction: N/ A !llUCE -r he total Sales Price is $ 300.. 000.00 payable as follows: Purchaser has the option of paying the entire cash balance at closing or paying $170,000 for the p~rtial release of Tract 1 as shown on exhibit A. If purchaser obtains a partial release, seller is to carry a $130,000 1st lien note on Tract 2. The entire principal balance df the note on--Tract 2 would be paid within 36 months. Purchaser will make annual interest payments on the unpaid balance of 12%. This contract is contingent on the following: 1. 2. 3. Purcl~ser obtaining R-5 zoning from the City of College Station. City of College Station approving a plat. That the purchaser is able to extend City utilities to the property at a cost no greater than $25,000. That there be no limiting conditions that will prevent use of the property for multi-family housing. Seller will join in 'signing with purchaser the necessary applications for zoning and platting. Seller will not be responsible for cost of applications. 4. 5. -: 1;\1" The nerein described property K] shall [J shall not be surveyed prior to closing at the expense of (2i Seller [) Purchaser. iLl; \1:--< llH' note or notes herein described shall be secured by an express vendor's lien reta.ined in deed to Purchaser herein and also by a Deed of Trust 11 ;!~, ~<_rchaser to Mortgagee. with power of sale on default, and other usual provisions to be executed by Purchaser, and to be made in favor of the Trustee j~ Ck._..,;ru~e(j '-jy ~..f\ortgagee on or before the closing of this purchase. Sellerls to furnish a general warranty deed and tax statement showing no delinquent nt:l!b. intel(~~t. ad valorem taxes for the current y~ar and escrow accounts for taxes shall be pro~rated as of the closing date. If the closing shaH occur ft,rt' ttlt: fa,. rate is fixed for the then current year, the apportionment of ta~es shall be upon the basis of the tax rate for the next preceding year applied to ",. IJ!e:.t .js~ess(~d valu~tion. Seller further agrees to pay any pre-payment penalty involved herein. At the option of the Purchaser, insurance may be pro- ,:fed Il' 111e d.ite of closing. Purchaser is to pay all expenses in connection with any nl.. N loan, including Mortgagee's Title Policy, preparation of legal papers, ,llrUII'tq tt:'l.':.. anc1 origination fee. If Purchascr is to assume an existing loan, any transfer fee chargcd for the transfer thereof shall be paid by Purchaser. : ! I \! I. r t) I. P \ H TIES I n the event the Purchaser shall fail to comply with the terms of this contract, for any reason, except title defects, the Seller may, ,~j .J! ttlt:' option of the Broker shall, retain the earnest money as liquidated damages, one-half to be retained by Seller, and one-half (but not exceeding -......,~. t(,(, flert:111), to be paid to Broker, or may enforce specific performance hereof, or seek such other relief as may be provided by law. If title is found :t,rL,I)k Ll~ld I~ not cleared within a reLlsonable time, or upon failure of Seller to comply I"lerewith for any other reason, Purchaser may demand back the '1)',11;,\ thert.':by releasing Seller frorn this contract, or Purchaser may enforce specific performance hereof, or seek such other relief as may be provid- .8\ F r rTLE SE1Her agrees to convey good and marketable title to the above described real estate by: Warranty Deed {Xl Owners Polley of title Insurance, and containing no exceptions other than the standard printed exceptions. Upon reQuest of purchaser, the s.eller Cigr&e:s to ootain a commlttnlent for title policy within ten days from date, and purchaser agrees ,within five days of receipt of commitment, either to accept ~n~ title as shown. or return It with Objections in writing. Failure to return with Objections, shall be construed as acceptance of the title as presented. The cost of title polley to be paid by lX] Seller [J Purchaser. [ ] At>stract of Title, prepared by reliable abstract company, with the title brought down to date, to be examined by an Attorney chosen by Pur- chJser. The cost of abstract to be paid by [ J Seller [ ] Purchaser. The cost of attorney's opinion to be paid by [ ) Seller [] Purchaser. Title is to be free and clear of all encumberances, but utility easements, obvious and apparent easements, restrictive covenants, zoning laws and delin~ Qu~nt taxes Shall not be deemed to be title defects. In the event the title Is found to be defective, Seller shall have a reasonable time, wh Ich 5hall not exceed days to meet and cure the defects. (:IOStng of this transaction shall be~_~ithin 90 days of obta~oning ~oval or within 180 day~_ whichever is sooner. Possession of rh is property shall be given on closing . ~IHI }FE~SI()NAL ~EH.VICE FEE Seller agrees to pay to the Broker herein, at Brazos County, Texas, -----,.6-- % professional service fee based on the gross sale price of herein described property and thereupon authorizes the escrow agent to pay same out of the ..iroceecJ, ot tnb ~:!I-e, In the event any of the. Purchasers refuse to present themselves for closing, or shall refuse to close for any reason except title defects, the Purchaser specifically authorizes any escrow agent to disburse said funds to Broker(s) and Seller In accordance with the terms of this contract. And In -,uctl event Purchaser agrees to hold such escrow agent harmless from all manner of claims, and releases said escrow agent from all liability of any nature, and tnis. transaction shall be deemed to be finally terminated. L()SS Prior to a consummation of this sale, risk of loss by fire or other casualty shall be on Seller, and in event of major loss, Purchaser shall have the option I1U be exercised within five days after notice of loss) of cancelling this contract and receiving back the earnest money, or closing the sale according to this :o:itract, ana receiving from the Seller an aSSignment of the insurance proceeds. <PfC1AL NOTICES Notice to Purchaser is hereby given under Section28X of ~he Real Estate LicEense Act, ~evlsed Civil Statutes State of Texas, that ~ne Purchas.er herein should have an 'abstract of this property examined by an attorney of his own choosing, or that he should be furnished with or obtain .i POI~ at title insurance covering this property. This is a legally binding cO'1tract; if not understood, seek competent advice. This contract contains H\~ con,plete agreement between the parties hereto, and cannot be varied or terminated except by the written agr~ement of all the parties. Each party rHneto aci,nowledges the receipt of a cornpleted copy of this contract. This contract shall not be binding until both Seller and Purchaser have executed '.~Hne. Time is of the essence regarding this contract. Seller and Purchaser appoint the attorneys noted below to prepare or examine the necessary legal ! ns tr un\en ts to c lo~e th is transact! on. \ EC{ ;Tl<l J in original copies, trds the ~/'- /~-~ day of tG-1 . . '~'L,.!~.192p '-/~J -'. <-- - ~; Z;;,/ -' . - ~ . "..- _. t..--t. _-. , Se lIer ..J Q~ -; (Aj~_<:, ~_....'" P.9_p~:lllon__, ::.ttorney for Purchaser Bra z_Q$~ aJ]g__Re_aUy_SeI::yicea~_-Inc.. i- s~:ro'"" Agent u.t. orney for Sellcl ::receipt of $ ___-..l&~ ,"ar ne~t rnoncy. ~ (Cheek) Is hereby acknowledged as B~,~zQs_lan_d__-.R,ealty Servic:es~ Tnr'. ;Huht:f S t.e v_e. _Ard.ea ~ I i)...tl Address Phone ] ''.':>-, " $ :J 1 it n a d r d r 0 f n.., s, Box 26, San Ant 0 n 10, T e x as 7 B 29 1 Q Form No. 24 · t rf...... / N EXHIBIT A 13.54 Ac R. Carter League Partial Release Plan 733' tJ') o o o ....:.t Tract 1 6 . 77 Ac. .u OJ Qj ~ .u (/) ~ o ~ J...i co H .-... . ~ .- ..-. .... ...- --- ....... ..... - ..... ~ -- ......., -.. Tract 2 6.77 Ac. If) o . o o ...:j'" 741.4' Lincoln Street . , . "H~j;)U(:~fiS.6 "Pol'. {fORM 114 ..i'l wITH ['''0 ACRE'I POOL.ING "'RO\'ISIO~S . -r ["]; .5 0',/ I.. V: d 11 Ii i 1: r ! ,I I! d II Z II Ii II II M}1 .,