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MEMORANDUM.OFAGREEMENT
This is a memorandum of the agreement between the
homeowners of Bernadine Esta tes ("Homeowners"), Gateway Joint
Venture ("Gateway"), and the City of College Station ("City").
Th~ purpose of this agreement is to set out the terms
and provisions of the agreement and the order and time in which
various events are required to occur so that none of the agree-
ments and stipula tions of the parties become effecti ve unti 1
all of such events and agreements have fully occurred and been
carried out.
Therefore, it is hereby agreed tha t the following
events shall occur in the following order:
1. Amended Declarations of Covenants, Conditions and
Restrictions ("amended declarations'l) shall be executed by and
between Gateway and Homeowners, generally agreeing to an amend-
ment of existing restrictions on portions of the property owned
by Gateway to change the applicable zoning from A-P to C-3
according to the City of College Station Zoning Ordinance. The
C-3 use will be limited according to the restrictions set out
in the amended declarations and will requi're attachment of a
revised plat of the property as Exhibit E, which plat is des-
cribed below. The amended declarations shall further provide
and dedicate a thirty. foot (30') green space ,immed'iately con-
tiguous to and southeast of the ten foot (10') utility easement
described below.
2 . Approval of the amended declarations shall be
sought and obtained by Gateway from Tenneco Oil Company.
3. Using its engineering staff at City expense, City
will prepare a replat of the property owned by Gateway for the
purpose of reducing the width of the utility easement which
runs along the common boundary line between Bernadine Esta tes
Subdivision and Haney-Highway 6 Subdivision so that the utility
easement is reduced in width from twenty-five feet (25') to ten
feet (10'). Thereplatshall also relocate an access easement
thirty feet (30') in width running through the middle of the
Haney-Highway 6 Subdivision to a point immediately contiguous
to and southeast of the dedica ted thirty foot (30 ') green
space. Gateway shall execute the revised plat but shall incur
no expense other than the filing fees for the replat process.
4. Gateway shall seek and obtain approval by the
City of College Station through its appropriate entities of C-3
zoning for the portion of the Haney-Highway 6 Subdivision which
is not already zoned C-3 or C-I.
Homeowners will not oppose
and to the extent necessary will support the zoning change
request.
5 . Gateway shall seek and obtain from the City an
amendment to the City zoning ordinance to permit funeral homes
as condi tionaluses and shall seek and obtain from the City a
conditional use permit for a funeral home on Gateway's proper-
ty. Homeowners will not oppose and will support the condition-
al use permit applicable to the extent necessary.
6. After approval by the City of College Station of
the replat of the property and of the zoning change request,
the revised plat shall be attached to the amended declarations
as Exhibi tE and the revi sed plat and the declarations shall
become effective and shall be filed of record in the County
Clerk's office in Brazos County, Texas.
The pIa t and amended
declarations shall not be recorded prior to that time.
7 . Until all of the events stipulated above have
occurred, none of the agreements of the parti es shall become
binding or effective, except that all parties agree to dili-
gently attempt to carry out the terms and provisions of this
agreement.
DATED this ~
day of November, 1987.
A ~~
William E. Loveless,
representative of Gateway
Ron Ragland / Assistant Ci ty
Manager for he City