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Y• ~~ City of College Station Development Scr~~~ccs P.O. Box 9960,. College Station, TX 77842-9960 rAx [`~ ~~ - Phone. Fax phone _ CC Date: Number of pages including cover sheet rom: , Phone: (409)764-3570 Fax hone (409) 764-3496 Please comment RF,MARKS: ^ Urgent ^ For your revte~~ ^ Replp ASAP ^ `•, CITY OF COLLEGE ~TATIOI°I LEGAL DEPARTMENT POST OFFICE 80X9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 (409) 764-3507 MEMORANDUM TO: Natalie Thomas, Planning Technician FROM: Cameron Reynolds, Assistant City Attorney C; RE: Rezoning Ordinance -Ford Property. DATE: November 25, 1996 As requested,. please find attached the proposed rezoning ordinance fora 21.38 acre tract and a 2.37. acre tract situated in the Morgan Rector League, located on the north side of FM2818 between Texas Avenue and the East By-pass The applicant is Danny Morrison; the owner is James A. Ford. If we can be of further assistance, please advise. CR:jls Attachment ', js/c/rezone/natalie ~,N~ / `~!~=.3 ~..5 (\~ ~',_ _ ~ a_ _ _ __ --~ __._ .. _. __. _ ~.. . __ ,~ ~ - __ _ - ~--, r n ~z~ ,,fir ~.- , . ~~i~ _v.. ' GF N0. 12042 PAGE: J3-1 COMMITMENT N0. SCFIEDULE 13 EXCEPTIONS FROM COVERAGE Ill ADDITION TO THE EXCLUSIONS AND CONDITTANS ANI) STTPULATl'ONS, YOl1R POLICY TdSLLNOT COVER LOSS, GOSTS, ATTORNF.:Y"S FEES, AND .I:XPk:NSES RI:SUL'TING FROM: 1. THE FOI.I.OWING RFSTRIC'TIVF, COVENANTS OF RI~.CORD ITI::MIZED I3FLOW (WF MUST EITHER INSERT SPECIFIC RECORDING DATA OR l)E.IFTE THIS EXCEPTION): .This exception is hereby deleted.. 2, ANY DISI;REPANCIES, CONFLICTS,: OR SEIORTAGRS IN AREA OR BOUNDARY T.INN;S OR ANY .ENCROACHMENTS., OR PR0IRUSIONS OR ANY. OVF:ItLAPPING OF' IMPROVEMENTS . 3. HOMF.STF,An OR COMMUNITY PROPERTY OR ST.IRVIVORSFII.P RT:GHTS, IF ANY,. OF ANY SPOUSE OF ARTY INSURED. (OWNER POLl'CY ONT.Y . J - 4, ANY TT.TLF.S OR RIGHTS ASSERTED BY AKYUNK, T.NC.T,U1)ING, .BUT NOT LIMITED '1'0, PERSONS; THE' PUBLIC, CORPORATIONS, GOVERNMI::NTS OR.OT)•IF.R RNTITI)`:S, (a) TO ' TIDELANDS, OR T.AN~S COMPRIS T.NG TFIE SHORRS OR IIF:DS OF NAV LGABLI•: OR PERENN.LAL RIVES AND STREAMS, LAKES, BAYS; GULFS OR OCEANS, OR { b) TO LANDS IlEYOND TITS .LINE OF 'THE HARBOR OR IlULKHF.AD LINES AS ESTABLISHED OR CIiANGED IlY ANY GOVF~tNMF:NT, OR (c) TO FILLED-IN .LAANDS, OR ARTIFJ.CIAL ISLANDS, OR • (d) TO .STATUTORY WATER RIGHTS, INCLUDING RIPARIAN RIGHTS, OR (p) TO THE. AREA EXTENDING FROM THE LINE OF .MEAN T.OW TT.DE TO THE LINE OF VEGETATION, OR TIIE RIGHTS OF ACCESS TO TITAT AREA OR EASEMENT ALONG AND ACROSS THAT AREA. (APPT.IES TO THE OWNER POLICY ONLY.) 5. STANBI3Y FFF.S, TAXES AND ASaESSIiR:I3T.S, I.;Y ANY TAXING AUTI•IORITY FOR THE YEAR 199$ AND SUDSEQUENT YEAR, ANT) SUL3SEQUI•:NT, TAX:~:S .AND. ASSESSMENTS BY ANY TAXING AUTHORITY FOR PR]"OR YEARS T)LJi:: TO CHANGE IN LAND USAGE OR OWNERSHIP. 6. THE TERMS AND CONDITIONS OF' THE DOCUMENTS CREATING YOUR INTEREST IN THE AMERICAN TIT.T.E COMPANY nn• oroR * ~ * ~* * * ~ GF N0. 12042. COMMITMENT N0. LANA, PAGE: I3-2 7. MATF.ItIALS FURNISHED OR LA130R PFRFORTiFa) IN CONNCECTION W1T}1 PLANNF:D CONSTRUCT.LON 'I3F.FORE SIGNING .AND DELIV>•;RING ,TIIF L:L'k;N DOCUMENT I)ESCRIAED IN SCHEDULE A, IF T}IF. LAND 1S PART OF TIIF: FiOMF.:STF:A D ' OF' THE: OWNER . (APPLIES TO TAE MORTGAGEE. T.T.TI..F. PO L.TCY 13rNDF,R ON INPE°=` ~`"~rY"`3 `}v4.`° :~;"' LOAN ONLY, AND MAY BF: DELETED IF SA7'TSFACTORY FVIDF:NCE ?'O t1S LsF:FORF: A t3.INDFR YS.ISSUED.) 8. LIENS AND LEASES THAT AFFECT THE T:CTLF: TO TITF: LAND, BIIT TFIA1' ARE SUBOttDINA?E TOTHE .LIEN OF TAE; .I.NSiJRF:D MORTGAGE, (APPLIES TO MORTGAGEE POLICY ONLY.) 9. THE FOLLONING .MATTERS AND ALI. 1'3~:RMS OF' THE. DOCUMENT CREATING OR OFFERING EVInFNCF. OF TAE MATTERS ( WE MUST .T.NSi'~LT MATTERS OR .DELETE THIS EXCEPTION.): 4 A, Easement for utility right-Of-Wdy ~rantE'd to the City o.f.' Bryan by A.J, Tibor, Jr. in instrument dated April 18, 1937 and recorded in Vol. 98, Page 75 of the Deed Records of Brazos County, Texas. I3, Easement granted to the City of Colaege Station by James A. Ford in instrument dated January 15, .1972 and recorded in Vo.l.. 302, Page 426 of the Deed Records of Brazos County. Texas. C, Easement for sanitary se~rerllne and drainage channel. granted to the City of College Station by James A. Ford. in instrument dated December 15, 1973 and recorddd in Voi, 323, Page 381 of tha Deed Records of. Brazos County, Texas. D, Easement for utility right-of-way granted to tiie City of Bryan by Felix S, KApchinski and Aattie Kapchinski in instrument dated January 23, 1950 and recorded i~n Vol. 141, Page 3.68 of the Deed Records of Brazos County, Texas, E. Easement for utilities granted to the CI.ty of Co].lPge Station by James A. Ford in instrument dated February F3, 1990 .and recorded in Vol. 1166, Page 797 of the Official Records of Brazos County, Texas, F, All oil, gas and other minerals of every character. in and under the .herein described property, r~:served by Ronald Cruse, AMERICAN TITLE. CAMPANY ~~~ ~SSf ~ * ~ ,~, 111 ~~~ **,~ GF N0. 12042 COMMITMENT N0. Trustee in instrument recorded i.n 0£ficial Records of Brazos 'County, instrument is herF made .for all interest has not been' investl.gatpd the aforesaid instrument, PAGE : li-3 Vol. 794, Pane 701 of the Texas, reference to which purposes. 'Title to said sub~.equr3nt T,o the date of G. Royalty Reservation ~s set forth .in instrument, dated Junk; 30, 1945, .executed by Mary Fliz~3beth I;savers, of a.L, recorded in Volume 120, Page 207, Deed Rprords of Brazos County, Texas. Title to said interest has not been investigated subsequent to date of aforesaid instrument, H. Naiver of Surface Use as set forth in reservation contained in lnstrument recorded in Volume '794, page 701, Official Records of Brazos County, .Texas and as set forth in Oil,. Gas and Mineral Lease recorded in Volume 1363, Page 56, Official. Records of Rrazos County, Texas. I. Estate created by oil, gas and mineral lease granted to Inexco oil Company. by Ronald Cruse, Trustee in instrument dated February 27, 1985 recorded in Vol.. 773, Page 154 of. the Official Records. of Brazos County, -Texas, and all terms, conditions, and -stipulations contalned therein. Title to this lease has not been investigated subsequent to date thereof., J. Estate created by oi.l, gas and minera.l lease granted to Central. Oil ~ Gas Corp,. by James A. Ford, Inc, in instrument dated September 16, 1991 recorded in Vol. 1363, Page 56 of. the Official Records of Brazos County, Texas,- and a].1 terms, conditions, and stipuJ.ations contalned therein. Title to this lease has not been investigated subsequent to date. thereof, K. The Tax Certificate furnished. by the taxing authorities i.s issued on real estate only. It does not include minerals and/or personal property,. therefore, no li.abi.l.lty is assumed herein for the payment of said mineral and/or personal property tax. L. Rights of parties. in possession, AMERICAN TITLE COMPANY n~1T '1r of; .~ * ~ *~~ ** I GF N0. 22042 . COMMITMENT N0. PAGE.: C-1 SCF3Ft)ULF: C YOUR POLICY WILL NOT COVER TOSS, COSTS, AT'COR1Jis'Y.S FEES; AND FXPT;NSis'S RESULTING FROM THE FQLLO~TING R)::QUIRI':I9F:NTS .THAT W.T.I.J, APPEAR AS F:XCk.PTTONS IN SCHEDULE B OF TFIF. POJ.ICY, UNLESS YQU DJSPOSE OF THESE MATTERS TO OtJR SATISFACTION, BEFORE TAE: DATE THE J'OLICY TS ISSUED: 1. DOCUMENTS CREATING YOiJR TITL.F. OR INTEREST MUST BE APPROYF.D .BY US AND .MUST BE SIGNED, NOTARIZED AND FILED FOR RECORD. 2. SATISFACTORY F.VIDENC.E MUST BE PROVIDI•:D THAT..` NO PERSON OCCUPYING TFIE LAND CLAIMS ANY INTEREST IN THAT LAND AGAINST THE. PERSONS NAMED IN PARAGRAPA 3 OF SCHEDULE A, ALL STANDBY FEES, TAXES, ASSESSMENTS ANll CFiARGF.:S AGAINST T1~iE PROPF.itTY HAVE BEENPAID, ALL ~ IMPROVEMI;NT5 OR REPAIRS TO TFiF PROPFdtTY. ARE C~MPLETI•:D AND ACCEPTED BY TAE OWNER, AND THAT ALi. ~ON1'RACTORS, StJB-CONTRACTORS, LABORERS AND SUPPLIERS RAVE BEEN FULLY. PAIn,, ANl) T3~1A1' NO MECHANIC'S , LABORF~t' S OR MATERIALMAN'S LIENS HAVE ATTACHED TO THE PROPERTY, THERE IS LEGAL RIGHT OF ACCESS TO AN1) FROM TAE LAND, (ON A MORTGAG.F.E POLICY ONLY),`RF.STRICTIONS HAVE. NOT BEEN AND WILL NUT BE VIOLATED THAT AFFECT TAE: VALTDT:PY ANn PRIORITY OF THE INSURF;D MORTGAG)•:. 3. YOU MUST P.AY THE SELLER OR BORRgWF.R Y'ii1; .AGREED AMOIJNT FOR YOUR PROPERTY OR INTEREST.. 4. ANY DEFECT,. LIEN OR OTHER MATTER TiIAT MAY. AFFECT TITLE TO THE LAND OR INTEREST INSURED, THAT ARISES OR'IS FILED AFTER THE. EFFECTIVE DATE O.F. THIS COMMITMENT.. A. Provide Company with Certificate of Gaod Standing regardinfi Real Alche[~y, L.C. and James A. Ford, It7c. , a Tex,~s corporation.. B. Provide Corttpany with current survey of px'operty to be conveyed in this transaction. AMERICAN TITLE COMPANY nn• ~ro~ .~ * ~ ~, GF N0. 12042 COMMITtMENT N0. COUNTERSIGNED: AMERICAN TITLE COMPANY AUTHORIZED IGNA'TU}tE AMFRIC.AN TITLE COMPANY PAGE: C:-2 ,~ * ~ * ~ ~. II ~ ~ ** III nnT ~S4R 1 II*f~ * ~ * OLD REPUBLIC ,~ ~ ~ National Title Insurance Company G. F. NO. IIII* ~ ~• POLICY N0. DELETION OF ARBITRATION PROVISION (Not applicable fo the Texas Residential Owner Policy) ARBITRATION is a Gammon form of alternative :dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, ii you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of .evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). If allows you. or the Company to require arbitration if the amount of insurance is 51,000,000: or less. If,you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued.. You .can do this by signing this form and returning it fo the Company at or before the closing of your teal .estate transaction or by writing to the Company. The Arbitration provision in the .Policy is as follows: "Unless prohibited. by applicable law or unless-this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited lo, any controversy or claim between the Company and the Insured arising out of or relating to this. Policy, and service of the Company in connection with its issuance or the breach, of a policy provision or other obligation. Ali. arbitrable matters when the Amount of Insurance is $1,000,000 or less SNALL BE arbitrated at the request of either the Company or the Insured, unless he insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable makers when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option. of the nsured, the rules in effect at the Date of Policy shall be binding upon the parties. The award may include: attorney's fees only ii the laws of the state in which the land is located permit a court to award attorneys' fees to..~ prevailing. party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rutes. A copy of the Rules maybe obtained from the Company upon request." i request deletion of the Arbitration provision. SIGNATURE DATE .FORM: Commitment la Title Insurance ORT 3624 (1.1.93) ' ~ GF No.: 12042 SCHEDULE D ARLEY R. BJELLA RICHARD A. CECCHETTINI GERALD T. FLOM .;ommitment No.: DIRECTORS OF -0LD REPUBLIC NATIONAL TITLE INSURANCE. COMPANY DARREL M. HOL7 HENRY S. KINGMAN, JR. PAUL Z: ROSE WILLIAM R. STOVER A. C. ZUCARO OFFICERS OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY R. A. CECCHETTINI, President JOHN B. CLEAVELAND, Vice .President & Treasurer HAROLD PILSKALN, JR., Executive Vice President, Law & Corporate Affairs and Secretary TITLE INSURANCE AGENCY You are entitled to receive advance disclosure of settlement charges iri connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum lrom the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium'..is: Owners Policy $ i , 670.00 Mortgagee Policy $ Endorsement Charges $ Total g i , 670. o0 Ot thin total amount: $ ~ 4 (or D/o) will be paid to the policy issuing Title Insurance Company; $ R ~ (or ~) will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as lollows: Amount,. To Whom. For SErvices $ (or 9~6) $ (or ~) $ (or 9~6) 'The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will bemade at closing in accordance with the Rules and Regulations adopted ~by the Texas Department o1 Insurance. COMMITMENT "SCHEDULE D" REV 1.1.93) ORT 20670. ~** * ~ ~' * ~ * * ~, . >® DISCLOSURE OF TITLE' INSURANCE. AGENT AMERICAN TITLE COMPANY OF BRAZOS COUNTY The names corporation, of ;any shareholders, individuals trust or othe , partnershi ps, more of the r entities owning One Title Insurance Agent and the n per, cont. { l~s) or , ames h~~ring, owning, or controlling-Ten percent (10~) of those pers or ons entity that . more of has, owns,. or controls One percent (1.~) or more of any the agent are as follows: Carolyn Gaston Ernest V: Bruchez CRM Partnersh p: Kent A. ` Caperton Jon Miller Steve Rodgers Charles. A. E111son D. Brooks Cofer, Jr. A. W. Davi. s and f red Davi s Claude Davis D i. l l on: & Lewis Neeley C. Lewis Julie Young John Hawtrey Douglas Howell Neeley C. Lewis Stuart Lewis Hugh W, .Lindsay W. T. McDonald, Jr. W.-Tyler Moose, Jr. William R. Vance Youngkin, Catlin, Bryan,' & Stacy, a Texas. Partnership: Jack W. Di llarci Bi11 Youngkin Larry C~Lain Travis k3.' Bryan, 1:II Pierce P. Stacy, III DIF2F.;CTORS Hugh W. Lindsay Pierce P. Stacy, III Carolyn Gaston OF~'ICF?.RS Hugh W, Lindsay, Chairman of the Board Carolyn. Gaston, President Pierce P. Stacy, III, Vice President, Secretary nnT iSaF ~°* ~ ~, ~ ~ ~ ~ * * ~ a • T~~~S TtTtE tt'~StiR~al~CE t~EQ(tf~tATtO Title insurance insures you against loss resulting from cer- tain risks to your title. The Commitment. for Title Insurance is the title insurance company's promise to issue the title insurance policy. The Commitment is a legal document. You should. review it carefully to completely understand it before your closing date. EI seguro de titulo le asegura en relaci6n a p~rdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. EI Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la pbliza de seguro de titulo. EI Compromiso es'un documento legal. lJsted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finalizar su transaccibn. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance {the Commitment) or a Title insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made, Part of that determination involves the Company's decision to .insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions: These risks .will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met Schedule C of the Commitment tilts these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters -will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by .the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions • section o1 the Commitment. When the Policy is issued, all Exceptions will be on Schedu-e B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company.. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of thepolicy form approved by the Texas Department of Insurance by calling the Title Insurance Company at 1.800.392.6667 or by calling the title insurance agent that issued'the Commitment The Texas Department of insurance may revise the policy form,from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by ca{ling 1•.800.252.3439'. Betore the Policy is issued, you may request changes in the policy. Some of the changes to consider are: - Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey. On the Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company, your Policy Hnll insure you against loss becauses of discrepancies. or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. - Allow the Company to add an exception: to "rights of parties iri possession:" It you refuse this exception, the Company or the title insurance agent may inspect the property, The Company may. except to and not insure you against the rights of specific persons, such as renters, adverse owners or .easement holders who occupy the land. The Company may charge you for the inspection. It you want to make your own inspection, you must sign a Waiver of Inspection corm and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not,owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. I I*'* (~ ~ OLD REPUBLIC ~,~• atlonal TItIe Insurance Company II~I?~' Commitment :For Title Insurance Issued through the Ollice o% AMERICAN TITLE 3608 E.29th St. P.p, Box 4233 84ry6-8286 xas 77806 ~'~,~'r.,; ~ . REQUEST FOR LEGAL ASSISTANCE Research ^ /° Advice ^ REQUEST FOR ASSISTANCE SUBMITTED BY: DATE: ~' ` v ~~~ Ordinance Writing ~' DIRECTOR APPROVAL: DEADLIf,~E AND EXPI~4NATION THEREOF: `~ _ ~` /1 n_ n ~ /,-~ Qi/ ~ ~i ~ ~ ~o EXECUTIVE MEMEER .APPROVAL: Contract Writing ^ Property Acquisition^ litigation/ Potential Litigation ^ EXPLANATION OF FACTS: ~-~ ~ ~ c~ ~ ~ ~ rS ~ a~ ~ ~ ~~ EXPLANATION OF ISSUES: ~11~ QUESTIONS REGARDING THE ISSUES: ~i~ STAFF GOAL ON THIS REQUEST: ~~~~ SUPPORTING DOCUMENTATION: 1. 2. U~ `~"``~~ ~~ .~ js/cljornu/assist oa/rll9a - 278, 4 . ' .,... OT-+ ~ 1S ' ' `• t., N 4a'~0'05'1M - t s.~e . , ~ - . E - t0 g 4e'44 ~ ~ o 0 L SAT'f[f~NNITE, el ux ~ e RI ES z `O ~ ~ . C,1{A , ° a ~ YOL 43 0. P(3. 237 ~~i ~ ¢ N a W o , ~ w in - ~ , m ° ? W N A - ~ 7 p ~ ~ ~ N v y ... S V ~ M ~ N A o ~ O 2 y ~ ' - ~, LP• R t -N 4S'34'24"W - f52P . N~ ~~ ~ ~ K~ . x m 'n ~ v °o ~ ° ~ o ~ ~ A ~ o o CA DERTR!'.ND m •5~ • o `~' • ~ "' z , ~ • co ~ `L ' $ ~ a ~ 3 L , YO ~ ~ 1 P(~. 508_ 2. o'y VC. J W C~ d W 3 ,O ~~ W ~ h m .a rnao M J ~~ o . ~ 1 r.. O .J " .P ~ .... .~• r ... .. .t. • .... • , • N ~, .;..~.. . ~ '.,~ ~ ~ 128 PO 294.- ,I 4si.-~ ° • ~R - N 4e'zrt 9"w - ~ soy' ' -r-- - F.~ so ~ 46 44 ; :-~..~c ~ .: °' 20' PRIVATE AOA~., R : ~ ~ ~=+ ~ • ., ~•~ _ ~~'°" ~»~' """" " " S 4e'so•44^E - ~ s.ea' o y f ~ t N ..s S~ •. ~ ~ ~ N b .~„ ~aN. ~ ~ ~ ~ lJ ~ _ ~ ~ .. J LL ~ ' ol.~ j ~ ~ .•• om W N '' r ~ ~ y 1 LL v W ; ei N ~ WOA ~ ~ • : . ••a • Wa ~ N ~ t ~ ° ° W ~Zp ! .. o , o ' 3 ° y Z w 1" O Q: ~ ~ V -T ~ 1 1 ~ • ~ ~ ~? . ~ ~ ~ I.R Lit 5 ~ " ~ 1' .. . - W 1.5.6 - N 4F1'O1'45 .a .. ' ~ 5'46'49'1.9"E - 15.01' ~ : 1 + ` , v : !~ ,. ,~. • ` s ~ r 0 N ~ LL N ~i .. •• ~ ~ .r~ W a ' d ~ y _ • ' t • _~ i.. ~l ~ r ~ i S ~ 1'.. '7 NN ~ N ~ ~- A '•i ,•t Ip ~ 3 `+ r1 e ' O ti ~ r+ .,~ o n1 2 O • . •~ • ~ .. r ..., O ~~ .. • _ W h 4 . . • ~ ` '~ .. ~ ..~ .. .. .0~ 4T45"E t 47 ^ D .. • • " •rr• Y. .. ~. I~ • ~ 1• • l • ~ ~ ~ .. ~ t, lt1 • .. ~U a W V t. lV 96-120 Daniel Morrison 4109 Knightsbridge. Bryan, Texas 77802 96-120 Ollie B & Hazel Townsend Living Trust P.O. Box 746 Waller, Texas 77484 96-120 Henry Kapchinski 700-A Krenek Tap Rd. College Station, Texas 77840 96-120 Barney & Alice Solomon 3201 Pine Rd NE Apt 242 Bremerton, WA 98310 96-120 96-120 Aontone Slafka Marilyn: Curry Newton 129 Millers Lane 133 Millers Lane College Station, Texas 77845 College .Station, Texas 77845 96-120 96-120 Kie & Charlene Okonski LJR Properties LTD 2307 Oxford 803 E. Central Texas Expwy Bryan, Texas 77802 Killeen, .Texas 76541 96-120 96-120 Hattie Kapchinski Stacy Diane Tremont Trust 702 Krenek Tap Rd. 2517 Briarwood College Station, Texas 77840 Bryan, Texas 77802 96-120 96-120 Baptist Church Loan Corp C A Bertrand P.O. Box 150098 120 Millers Lane Dallas, Texas 753150 College. Station, Texas 77845 96-120 96-120 Billy Wayne Sharp K-3 Enterprise 2301 N. Texas Avenue c/o Larry .Satterwhite Bryan, Texas 77803 P.O. Box 9532. College Station, Texas. 77842 96-120 96-120 Ronald Cruse Trustee James A. Ford, Inc. P.O. Box 3889 P.O. Box 7849 Horseshoe Bay, Texas 78654 Bryan, Texas 77805 From: Jane Kee To: City of College Station.City Hall(JCALLAWAY), SVOL... Date: 11/7/96 9:42am Subject: Extension of Dartmouth -Reply -Forwarded -Reply -Forwarded -Reply -Reply -Reply this doesn't seem so hard to me. We condition the rezoning on them providing their access in the existing-ROW - just like LaCour. They build a drivway at least 20 feet wide with curb and gutter on east side (which will ultimately be the east side of Dartmouth) and whatever Eng. decides on the other. side (which will be torn up as the remainder of the street is added later by the City. They build this drive in as .far as they need it to access their property. When we build the rest of the street we assess. Am I making this too simplistic? »> Shirley Volk 11/07/96 09:33am »> We need to do this asap, so we can tell Danny Morrison what he will have to do_ His rezoning request. is in progress now and ,he will be trying to .purchase the property soon.. T won't be here next week, but I wouldn't be offended if I'm not included in the meeting/decision! Jan searched through her files again and can't find where any agreements or conditions were reached. at the time we bought the r.o.w. »> Jim Callaway 11/05/96 03:21pm »> We need to get toghether with Kent, maybe Jane and discuss this. »> Shirley Volk 11/05/96 1Os34am »> FYI. I guess this. means we'll build the road and assess them?!? Or do they still build the road in our ro.w. (w/op available if applicable) and dedicate it to us? CC: City of College Station.City Hall(KLa2a, NThomas),... From: Edwin Hard To: SVOLK, VMORGAN, KLAZA, SHOMEYER Date: 11/5/96 8:46am Subject: Extension of Dartmouth -Reply Yeah. Pat called me and said I told him that a couple of years ago. I did NOT. I said there were funds on the last bond election. fora north-south arterial. I said the extension of Dartmouth was one under consideration. I said Council would make the decision on where the funds would be spent. For some reason, that's not too clear to Pat. »> Shirley Volk 11/04/96 12:21pm »> Legal searched their records and found that right-of-way has been purchased for Dartmouth through the property being considered for rezoning along the north side of FM2818 (96-120). Pat Siegert is the realtor on this and Danny Morrison is the applicant forrezoning. Both have questions about (1)who will build Dartmouth?, (2)when will it be built?, and (S)will there be assessment if the. City builds the street? Pat was in this a.m. and said that Ed had told him that funds hadbeen earn~arked for the extension of Dartmouth in 1998. Is that correct, and does it include this part? CC: JKEE, JCALLAWAY From: Kent Laza To: City of College Station.City Hall(EHard, SHomeyer,... , Date: 11/4/96 1:54pm Subject: Extension of Dartmouth -Reply I think I can answer a couple of your questions. First, unless a developer beats us to the punch, it's a safe assumption that we will build the roadway. Your second question is much more. difficult.. The. council has scheduled $$ for the design of a north/south corridor for the 1998-99 fiscal year. Construction $$ are scheduled for 1999-00. No one has decided if Dartmouth will be that N/S corridor, but that is the assumption most of us have. Since this question seems to be coming up more often, maybe it's time we asked council to give us some direction so we can begin planning for that street. »> Shirley Volk 1 I/04/96 12:21pm »> Legal searched their records and found that right-of-way has been purchased for Dartmouth through the properly being considered for rezoning along the north side of FM2818 (96-120). Pat Segert is a realtor on this and Danny Momson is the applicant for rezoning. Both have questions about (1)who will build Dartmouth?, (2)when will it be built?, and (3)will there be<assessment if the City builds the street? Pat was in this a.m. and said that Ed had told him that funds had been earmarked for the extension of Dartmouth in 1998. Is that correct, and does it include this part? CC: City of College Station.City Hall(JCallaway, JKee,... TEXAS ASSOCIAl'iON OF REALT4RS® COMMERCIAL LiNtMPROVED PROPERTY EARNEST MONEY CONTRACT THIS FORM IS FURNISHED BY THE TEXA5ASSOCIATBON OF REALTORS® FOR USE BY ITS MEMBERS: USE OF THI5 fORM BY PERSONS WHO ARE NOT MEMBERS QF THE TExASASSOCIAT00N OF REALTORS®iS NOTAUTH4RIZED. ®7ezas AssoGafion or REALTQRS®, Bnc., 1995 1. PARTIES: JAMES A. FORD 2. 3. 4. ~~s~~~~ agrees to sell and convey o DAN/ELMORRISON, ORASSIGNS DANIEL MORRISON OR ASSIGNS and Buyer agrees to buy from Seller the Property described below. (Buyer) PROPERTY: The real property'situated in CoLLEGESTATION, BRAZOS described as follows or as described on attached exhibit: County, Texas, MORGAN RECTOR A-46, COLLEGE STATION, BRAZOS COUNTY TIXAS 29 ACRES+/- together with all rights, privileges and appurtenances.pertaining thereto, including any right, title, and interest of Seller ih and to adjacent streets, alleys, and rights-of-way. The property sold by this contract is called the "Property". The metes and bounds description determined by the survey of the Pro e fi(b) shall replace any exhibit describing the .perimeter boundaries of the. Pro e p ~ under paragraph NOTICE: Anv exceptions reservations or restrictions shn„t~i ho ,~e~,..;~,.a P !~h! if it differs from the exhibit. SALES PRICE: (a) Cash portion of Sales Price payable by Buyer , .... . (b) Sum of all financing described in paragraph 4 . .... . . . . . . . ... . .... . . . .... ~ 119soo.00 (c) Sales Price [sum of {a) and {b)j....... , . ........... . .................. $ l20,000.Qp The Sales Price O is ~1 is not to be adjusted based upon a surve _ to be adjusted based on a survey, disregard the remainder. of this paragraphjNo If the Sa es/ Pn a is to be adjusted based upon a survey, the Sales Price shall be calculated on the basis of $ NIA per ^ acre ^ square foot. of ^ total area E] net area. "Net area" is defined as the total area of the Property exclusive of any portion of the property tying in: ^ any public roadway; ^ any right of way or easemenf, except rights of way and easements providing utility services to the Property; and '10°l0 of the Sales Price in 3(c), .either patty may terminate th s c ntract by twr tten noticetrto the omoe`eptah~n within ~~ days after the ternlinatin a y p rtY so terminates this contract or if the variance is 10% or less, the adjustmentP to the Sal s Price shall be made: ^ in the cash portion. payable by Buyer; ^ proportionately between the cash payable and any promissory notes executed at closing. FINANCING.: The portion of the Sales Price not payable in cash shall be paid as follows; {a) ASSUMPTION: Buyer shall assume the unpaid principal balance of a first lien promissory note payable to dated Buyer's initial payment shall be the first payment duehaftea clos ng 4~Bllyer'sl a sumption of the existin note includes all obligations imposed by the deed of trust securing the note, recorded irr Vol. g ---r iTAR 031) 1-1-96 Page 1 of 8 {Seller) o inayl ~ A,~~~. "' fro, fmm AuIOR~Ity Products, Ine.~ 70853 W. Pipeline, Suipe 107, Hurst, TX 78053, (800) 322-1178 ' licensed for use ib: M. PATRICK SIEGERT, and is no! bansfereble, Use by ~eB ~ a+riolation of fedarol copyright law under Title 17 U.S.C. §101 subject to fine and/or imprisonment ClProgram Files,gcwinlWKFILESU1pRRISON.000 ~, Printed 10-08-1888 Commercial Unimproved Eamest Money Contract concerning BR,QZOS Ci7. MORGAN RECTOR A-46, Z9 ACRES Page in the real property records of the county where the Property is located. If the unpaid principal balance of the assumed loan as of the Closing Date varies from the loan balance stated above, the cash payable at closing shalt be adjusted by the net amount of any variance; provided, if the total principal balance of all assumed loans varies in amount greater than $ Dosing, either party may terminate thin contract and the Eamest:. Money shall .be refunded to Buyer unless either party elects to .eliminate. the excess in the variance by an appropriate adjustment at closing. Buyer may terminate this contract. and the Eamest Money shall be refunded to Buyer if the note holder on assumption requires: (i) Buyer to pay an assumption fee in excess of $ Seller declines to pay such excess; n an increase in the interest rate to more than ,and (...) any other `modification of the loan documents. A vendor's lien and deed of trust to secure assumption shall be required, which shah automatically be released ort execution and delivery of a release by the note holder. If Seller is released of liability on any assumed note, thevendor's Lien and deed of trust to secure assumption shall not be required. !f assumption approval is required by the note holder, Buyer shalt apply for assumption approval within days after the Effective Date of this contract and steal! make every reasonable. effort to obtain assumption approval. Assumption approval shall be deemed to have. been obtained when the Gender has determined that Buyer.. has satisfied all of fender's financial conditions (those items relating to Buyer's ability to qualify for assumption). If assumption approval is not obtained within ~,~ days after the Effective Date, this contract shall #erminate and the Eamest Money shalt be refunded to Buyer. ^ (b) THIRD PARTY FINANCING: -Buyer shall apply for a .third $ 119,5Q0.00 Party first lien note of for not less than Payable at ^ monthly ^ quarterly ^ intervals ___________T years .with the initial interest rate not to exceed _ %-per annum. Within f5 days. after the Effective Date of this contract Buyer shall apply for all third party financing and shall make every reasonable effort to obtain financi a be deemed to have. been obtained when the fender has determn dpthatlBuy~ea hasgsatsfied fall olf lender's financial conditions (those items relating to Buyer's abiNty to qualify for approval of a loan). If financing approval is not obtained within' _ ~p .days after the Effective Date, this contract shall terminate and the Earnest Money' shall be refunded to Buyer. Each note to be executed hereunder shall be secured by vendor's and deed of trust liens. Q (c) SELLER FfNANCING: At closing, Buffer shall execute and deliver a promissory note. (the Note) from Buyer to' Seller of $ , bearin the maximum rate of interest, but not to exceed the maximum rate of i terest per annum allowed by aw on matured, .unpaid amounts. The Note shall be secured by vendor's and deed of trust liens and an assignment of leases payable at the place designated by Seller. The .Note ^ shall ^ shall not provide for liability (personal or corporate) against the maker in the event of default. The Note hall be payable as follows: ^ (1) In one payment due after the date of the Note with interest pa able ^ monthly ^ quarter[y ^ annually ^ Y ^ (2) In ^ monthly ^ quarterly ^ annual _, ^ ^ including interest. ^ plus interest beginning installments of $ Note and continuing at ^ monthly ^ quarterly ^ annual ^ after the date of the for intervals thereafter when the .entire balance of the Note shalt be due and payable. ^ (3) Interest only in ^ monthly ^ quarterly ^ annual ^ year(s) and thereafter in installments of $ installments far the first Interest ^ plus interest .beginning ^ including continuing at O monthly ^ quarterly ^ annual p after the date of the Note and intervals thereafter for when the entire balance of the Note shall be due and payable. Unless .the parties agree otherwise, the most recent forms prepared by the State Bar of Texas shall be used for the Note and deed of trust required by this paragraph 4(c). The Note may be prepaid in' whole or in part at any time without. penalty: Any prepayments are to be applied to the payment of the installments of principal last maturing and interest shah be immediately cease on the prepaid principal. (TAR 031) 1-1-96 Page 2 of 8 computer generated using AutoContraC:\Program Files\Acwin\WKFILES\MORRISON,000: Phis installation of AutoContract~' is licensed for use to: M ri p nted 10-08-1996 -Commercial Unimproved Earnest Money Contract concerning BRAZOS CO. MORGAN RECTOR A-46, ?9 ACRES The lien securing payment of the Note will be inferior to any lien securing any superior note described in this contract.. If an Ovrner Policy of Title Insurance is furnished, Buyer,. at Buyer's expense, shall furnish Seller with a Mortgagee Title Policy in the amount of the Note at closing. if aA or any par! of the Property is sold or conveyed without prior written consent of .the Seller, then. the Seller at Seller's option may declare the outstanding principal balance of the Note, plus accrued interest, to be immediately due and payable. The creation of a subordinate Tien, any sale thereunder, any deed under threat or order of condemnation, any conveyance solely between the parties, the .passage of title by reason of death of a maker or by operation of law shall not be construed as a sale or conveyance of the Property: 1n addition to the principal and interest installmen#s, Buyer ^ shall ^ shall not deposit with Seller a pro rata part of the estimated annual ad valorem taxes on the Property.. If Bu er deposits taxes with Seller, Buyer agrees that the. tax deposits are only .estimates and may be insu~cient to pay total taxes, and Buyer agrees to pay' any .deficiency within 30 days after notice from Seller. If Buyer deposits taxes with .Seller,. Buyer's failure to .pay the deficiency shall constitute a default undar the deed of trust.. If arty superiorlien holder an the Property is collecting escrow payments for taxes,. any requirement to depasit taxes with Seller shall be inoperative so long as payments are being made. to the superior. lien holder. Any actor occurrence which would constitute default: under the terms of any lien superior to the lien securing the Note shah constitute a default under the deed of trust securing -the Note. The Note shall include a .provision for reasonable attorney's fees if the Note is placed in the hands of an attorney for collection. ^ (d) CREDIT. APPROVAL ON ASSUMPTION OR SELLER FINANCING: Within days after the Effective Date of this contract, Buyer .shall deliver to SeNer: O credit report; D verification of employment, including salary; ^ verification of funds on deposit in fnancial institutions; ^ current financial statement; and. ^ to establish. Buyer's creditworthiness for assumption approval or seller financing. If Buyer's documentation is not delivered within the specified time, this contract shall terminate and the Earnest Money shall be refunded to Buyer. If Buyer's documentation is timely delivered, and Seller determines in Seller's sale .discretion that Buyer's credit is unacceptable, Seller may terminate this contract by written notice to Buyer within days after expiration of the time for delivery and the Earnest Money shall be refunded to Buyer.. If Seller does not so terminate .this contract within the time specified, Seller shall be deemed to have accepted Buyer's credit. 5. EARNEST IIAONEY: Buyer shall deposit $ 500.0(? as Earnest Money with JAY GOSS, ATTORNEY, G.4RTERCREEKPKWY, BRYAN, TX (Escrow Agent) at (Address) on the Effective. Late of this contract. The Earnest Money .shall. be deposited in an ^ interest (~ non-interest bearing account in a federally insured financial institution chosen by Escrow Agent and any interest shall be credited to Buyer. if Buyer fails to deposit the Earnest Money as required by this contract, Buyer shalt be in default. B. TITLE POLICY AND SURVEY~~ ^ (a) TITLE POLICY; shall furnish to Buyer at Seller's expense an Owner Policy of Title Insurance (the Title Policy) issued by .Lawyers Ttt/e (the Title Company) in the amount of the Sales Price, dated at ar after closing, insuring Buyer against loss under the previsions of the Title Policy, subject only to those title exceptions permitted by this contract, or as may be approved by Buyer in writing, and the standard .printed .exceptions contained in the promulgated form of Title Policy; provided hav~ever that: ('1 }the exception as to area and boundaries ~ shall ^ shall not be deleted except for any shortages in' area at the expense of ^ Buyer '~ y° ~tnd (2) the .exception as to restrictive covenants shall be .endorsed "None of Record", unless restrictions are approved by Buyer 1Nthin 7o days after the Title Company receives a copy of this contract Seller shall furnish Buyer,a commitment for Title Insurance (the Commitment} including copies of recorded documents evidencing title exceptions. Seller authorizes the Title .Company to deliver the Commitment and related documents o Buyer at Buyer's address. Buyer shall have 15 days after receipt of the Commitment and legible copies of documents evidencing title exceptions required by this .contract to object in writing. to matters disclosed in the Commitment other than the standard printed exceptions as described or limited in this paragraph. (TAR 031) 1-1-96 Page 3 of 8 ~mPuler g~ led using AutoCOntractTM sc9tware, fiom AuMReaRy Products, Inc., 1080 W. Fipellnq Suke 101: Hurst, TX 78053,.(800) 322.1178 This iructolla' utaConbact rs licensed for uce to: M. PATRICI(SIEGERT, and 16 not transferable. Use by ethers is a violatipn of federal copyright law under TrBe 1T U.S.C, §101 subject h fine and/or i . C:1Program FfleslAcwinIWKFILF_5lmorrison.000 mprisonment pdnDSd 10.1&19g6 Commercial tJnimpraved Earnest Money Contract concerning BRAIOS CO. MORGAN RECTOR A-46, 19 ACRES (b) SURVEY REQUI€~1=D: (G~'~ecd (;) or (2) G,nfy) ^ (1) Within. f5 days after. ~] Effective Date of this contract; O the date by which Buyer is required to complete inspections, studies or assessments in paragraph 7(b}; (check (i) or (ii) on-y) D (i) S yer may o fain a survey of the Property at Buyer's expense. ' ~•~~ {ii} at expense, shall furnish to Buyer a survey of the Property dated after the Effective Date of this contrac#. Buyer may, within 60 days after Buyer's receipt of the survey. object in writing to any matter which constitutes a defect or encumbrance to title on the survey or ifthe survey shows any part of the Property to lie in a 900-year floodplain area ..~ ~l {2} Within f5 days after the Effective Date of this contrac~~r shall furnish Buyer a true and correct copy of Seller's existing survey of the Property dated The survey jcheck (i) or (ii)j.~ (i) ~l shall be recertified no earlier than id OCTOBER f996 at the expense of O Buyer ~l Seller; {ii) O shall not be recertified. Within f5 days after Buyer receives a copy of the survey or after Buyer receives a copy of the recertified survey, whichever is later, Buyer may object in writing to any matter shown on the survey which constitutes a defect or encumbrance to title or if the survey shows any part of the Property to fie in a 100-year floodplain area. The survey required by this paragraph 6(b) shall be made by a Registered Professional Land Surveyor acceptable to the title company .and any lender. The survey shall: (i} identify the Property by metes and bounds or platted lot description; (ii) show that the survey was made and staked on the ground with corners permanently marked; (iii) set forth the dimensions and total area. ofthe property; (iv} show the location of aft improvements, highways, streets, roads, railroads, rivers, creeks, or .other waterways, fences, easements, and rights of way on the. Property with alt easements aria rights of way referenced to their recording information; (v) show any. discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying within the 100 year floodplain as shown on the current Federal Emergency i~lanagement Agency map; and (vi) contain the surveyor's certificate that the survey is true and correct. Buyer's failure to object under paragraph 6(a) or 6(b) within the time allowed shall constitute a waiver of Buyer's right to object exceptthat the requirements in Schedule C of the Commitment shall not be deemed to have been warned. If objections are made by Buyer, or any third party lender, Seller shall cure the objections within 20 days after the date. Seller receives them.. The Closing Date shall be extended' as necessary. to ~ cure objections.. 'If objections are not cured by the extended Closing Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer unless Buyer elects to waive the objections. 7. PROPERTY CONDITION/FEASIBILITY STUDIES: (Check (a) or (b) only) Q (a} PRESENT CONDITION: Buyer accepts the Property in its present "as-is" condition. ~1 (b) INSPECTIONS .AND FEASIBIL{TY STUDIES: Within 50 days after the Effective Date of this contract Buyer, at Buyer`s expense, may complete or cause to be campleted inspections of the. Property (including any improvements) by inspectors of Buyer's choice. inspections may include but are not limited to: (i} physical property rrtspections; (ii} economic feasibility studies; and (iii) any type of environmental assessment or engineering study including the performance of tests such.. as sails tests ar air sampling. Seller shall permit .Buyer and Buyer's inspectors access to the Property at reasonable times.. If Buyer determines, in Buyer's sole judgment, that the Property is not suitable for any reason for Buyer's intended use or is not in satisfactory condition, then Buyer may terminate this contract by providing written notice of termination and copies of all reports of inspections, studies, or assessments completed or caused to be completed by Buyer under this paragraph to Seller within the time required to complete the inspections, studies, orassessments under this paragraph, and the Earnest Money shalt be refunded to Buyer less the sum of $ ~.~ to be retained by Seller as independent consideration for :Buyer's right to terminate under t rs paragraph. tf Buyer does not terminate this contract within the trine required any objections with respect to the inspections, studies, and assessments under this .paragraph shall be deemed waived by Buyer. If this contract does not close through no fault of Seller, Buyer shall restore the Property to .its original condition if altered due to (TAR 031) 1-1-96 Page 4 of 8 Computer generated using AutoContraC:\Program Files\Acwin\WKFILES\morrison.000., This installation of AutoContract'~' is licensed for use to: Mprinted 10-16-1996 Commercial Unimproved Eamest Money Contract concerning inspections, studies, or assessments campieted by buyer or Buyer's insg~ectors. #flrithin days after the Effective Date of this contract Seller shall de(iverto .Buyer (strike any not to be delivered (1) copies of all notes and deeds of test assumed or taken subject to by Buyer; (2) copies ofi all leases pertaining to the Property, including any modifications, supplements, or .amendments to the leases; {3) copies of ail previous environmental assessments, studies, or analyses affecting the Property in Seller's possession. 8. BROKER'S REPRESENTATION AND FEES: FLANNERY<>S/EGERT (Listing Broker): ^ represents Seller only; !~] acts as intermediary between Seller and Buyer. Any other broker represents: ^ Setter as Listing Broker's Subagent; ^ Buyer. only. Seller shall pay Listing Broker (choose only ones: ~] (a) the fee specified by separate agreement between Listing Broker and Seller. O (b) a total cash fee of either $ or % of the total Sales Price in County, Texas on closing of this sale, which Escrow Agent shall pay from ether's proceeds of the sale. If Seller defaults, the. cash fee shall be due and payable in full. If Buyer defaults, Escrow Agent is authorized to pay. listing Broker one-half of any Earnest Maney Seller receives under this contract not to exceed the amount of the cash fee. 9. CLOSING: (a) The closing of the sale shall be on or before 3 JANUARY 1997 or within 7 days after objections to title or the survey have been cured, whichever date is later (the Closing Date); however, if financing or assumption. approval has been. obtained pursuant to paragraph 4, the. Closing Date shall be extended up to 15 days only if necessary to comply with lender's closing instructions {for ea~ample, survey and closing documents). If either party fails to close this sale by the Closing Date, the non-defaulting party shall. be entitled to exercise the remedies contained in paragraph 15. (b) At closing Seller shall furnish, at Seller's expense (strike any not to be furnished): (1) tax statements showing no detinquenttaxes on the Property; {2) an assignment of all leases to or on the Property duly executed by Seller; (3) a ~! General ^ Special Warranty Deed conveying goad and indefeasible title to the Property showing no additional exceptions to those permitted in paragraph 6; and (4} evidence that the person executing this. contract is legally capable and authorized to bind Seller. 10. POSSESSION: Seller shat! deliver possession of the Property to Buyer on ATCLOSING in its present condition. Any possession by Buyer prior to closing or Seller after closing that is net authorized by a separate written lease agreement, shelf establish a landlord-tenant at sufferance relationship between the parties. 11. SPECIAL PROVISIONS: 7. THIS CONTRACT lS SUBJECT TO THE PROPERTY ZONING BE1NG CHANGED FROM R 7 RESIDENTIAL TO G1 GENER,4L COMMERCIAL, OR SUCH 0i7>'ER ZONE THAT IS ACCEPTABLE TO THE BUYER FOR H1S PURPOSE TO DEVELOP ASPEC/AL EVENTS CENTER/CLUB. 2. SELLER TO SIGN NECESSARYDOCUMENTS ON A TIMFIYBASIS OR AGREES TO GRANT THE BUYER A SPECIFIC UJI~ITED POWER OF ATTORNEY TO APPLY FOR C{TY OF COLLEGE STATION ZONING AND PLATTING PEI~Yf1TS. (TAR 031) 1-1-96 Page 5 of 8 Computer 9eneratad using AumConbacPr sottv+ere, from Auh~Reatty Products, InG., 1080 W. Pipetirre, Suite 107, Hurst. TX 7805;1, (800) 322-1178 TTris inWallaBOn of AutoContracNr a lionised fw use b: bt. PATRICK SIEOERT, and is not transferable. Use by others is a viola8on of federal copyright law underTitle 77 U.S.C. $701 subject to fine and/or imprison~men[ ~IeslAcvdr~lWKF7lESimoMson.000 printed 70.18.1 Bab Commercial Unimproved Earnest Money Contract concerning BR4~OS CO. i1lORCsAN RECTOR A-46, 29 ACRES 3?. SALES EXPENSES: To be paid in cash at or prior to closing: (a) Seller's Expenses: Releases of existing liens, including .prepayment. penalties and recording fees; release of Seller's loan Liability; tax statements or .certificates; preparation of deed; one-half of escrow fee; and other expenses stipulated to be paid by Seller under other provisions of this contract- (b) Buyer's .Expenses: All loan fees or expenses (e.g., fees for application, origination, discount, appraisal, assumption, recording, tax service, mortgagee title policies, credit reports, document preparation and the tike}; preparation and recording "of deed of trust. to secure assumption; required premiums for insurance;. intereston all periodic installment payment notes from date of disbursements to one payment period prior to dates of first periodic payments; one-half of escrow fee; fees for copies and delivery of title commitment and related documents; and other expenses stipulated to be paid by Buyer under other provisions of this contract. (c) If any sales expense exceeds the amount stated in this contract to be paid by either party, either party may terminate this contract unless either party agrees to pay such excess. 13. PROBATIONS ANl) ROLLBACK TAXES: {a) Interest on any assumed loan, current taxes, and any rents shall be prorated through the Closing Date. if the amount of the ad valorem taxes for the year rn which the sale is closed is not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year. If Buyer is assuming payment of or taking subject to any existing loan on the Property, alt reserve deposits for the payment of taxes and other charges, shall be transferred to Buyer by Seller and Buyer shall pay to Seller the amount of such reserved deposits at closing. (b) I# this sale or use of the Property after closing results in the assessment of additional taxes far periods prior to closing, the additional taxes shall be the obligation of D Buyer LX] Seller. Obligations imposed by this paragraph shall survive closing. (c} Seller shall, at closing, tender. to Buyer any security .deposits, prepaid expenses, and advanced rental payments paid by any and ail tenants. `i~. CONDEMNATION: If prior to closing condemnation proceedings are commenced against any portion of the Property, Buyer may: (a} terminate this. contract by written notice to Seller within ~ days after Buyer. is advised of the condemnation proceeding and the Earnest Money shall be refunded to Buyer, or (b) appear and defend in the condemnation proceeding and any award in condemnation shah, at Buyer's election, become the property of Seiler and the sales price shall be reduced by the same amount or shall become the property of Buyer and the sales price shall not be reduced. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer shall be in default: Seller may either: enforce specific performance, seek other relief as may be provided by law, or both; or terminate this contract and receive the Earnest Marley as liquidated damages, thereby releasing the parties from this contract. If Seller is unable without fault to deliver the Commitment within the time allowed, Buyer may either terminate this contract and receive the Earnest. Money as the sole remedy or extend the time for peiforrnance up to 15 days and the Closing Date shalt be extended as necessary. If Seller fails to comply with this contract for any other reason,. Seller shalt be in default and Buyer may either enforce specific performance, seek such other relief as may be provided bylaw, or both; or terminate this contract and receive the Earnest Money, thereby releasing the parties from this contract. 76. ATTORNEY FEES: If, Buyer, SeNer, Listing Broker, Other Broker, or Escrow Agent is a prevailing party in any legal proceeding brought under or with relation to this contractor this transaction, such party shall be entitled to recover from the non-prevailing parties alt casts of such proceeding and reasonable attorney fees. The provisions of this paragraph shall survive closing. 17. ESCROW: If either party makes demand for the payment of the Earnest Money, Escrow Agent has the right to require from all parties and brokers a written release of liability of Escrow Agent for disbursement of the Earnest Money. Any refund or disbursement of Earnest Money under this contract shall be reduced by the amount of unpaid expenses incurred on behalf of the party receiving the Eamest Money, and Escrow agent shall pay the same to the creditors entitled thereto. At closing, the Earnest Money shall be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. Demands and notices required by this paragraph shall be in writing and delivered by hand delivery or by certifted mail, return receipt requested. (TAR 031) 1-1-96 Page 6 of S Computer generated using AutoContraC:\Program Files\Acwin\WKFILES\MORRISON.000., This installation of AutoContract'TT' is licensed for use to: Mprinted 10-08-1996 Commercial Unimproved Earnest Money Contract concerning BRAZOS CO. MORGAN RECTORA-48, 29 ACRES 1 S. MATERIAL FACTS: (a) Seller shall convey the Property on closing:. (i) with no liens, assessments, or other security interests against the Prope which will not be satisfied out of the Sales Price unless securing payment-of any loans assumed by~uyer; (ii) without any assumed loans in default; and (iii) with no parties in possession of any portion ofthe Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases delivered to Buyer pursuantto this contract. (b) To the best of Seller's knowledge and belief (choose {i) or (ii) only): ^ (i} Seller is not aware of any material defects to the Property excep# as stated in the attached Property Condition Statement. Ll (ii} Seller is not aware of any environmental hazards or conditions affecting the Property which would violate any federal, state or local statutes, regulations, ordinances or other requirements and more specifically, .but without limitation, whether. (1} the Property is or has ever been used for the storage ordisposal of hazardous substances or materials or toxic waste, a dumpsite or landfill, or the housing of any underground .tanks or drums; (2) any geological faults (surface or subsurface} !ie on the Property; (3} wetlands, as defined by federal or state law or regulation are on the Property; and (4) threatened or endangered species or their habitat, as defined by the Texas Parks and Wildlife Department or the IJ.S. Fish and Wildlife Sentice, are on the property; except as follows: 19. NOTICES: AN notices shall be in writing and effective when hand-delivered, mailed by certified mail return ..receipt requested, or sent by facsimile transmission to: Buyer at Seller at DANIEL MORRISON JAMES A. FORD, PO BOX 7849 4109 i1(IV/GNTBRIDGEGRYAN TX T780T HORSESHOE SAY, TX 78654 Phone. Pone Fax Fax. 20. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person", as defined by applicable law, or if Seller fails to deliver an affidavit that Seller is not a "foreign person", .then 'Buyer shalt withhold from the sales proceeds a# closing an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service, together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if cash in excess of specified amounts is received in the transaction. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good-faith in an effort#o resolve any dispute related to this cortract that may arise. If the dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation and a mutually acceptable mediator shall be chosen by the parties to the dispute who shall share the cost of mediation services equally. 22. AGREEMENT. OF THE PARTIES: This contract shall be binding on the parties, heir heirs, executors, representatives, successors, andassigns. This contract shall be construed under and in accordance with laws of the State of Texas. This contract'conkains the entire .agreement of the parties and cannot be changed except by written agreement. If this contract is executed in a number of identical counterparts, each counterpart is deemed an original and'. all counterparts shall, collectively, constitute one agreement. Buyer ~! may ^ may not assign this contract: if Buyer assigns this contract Buyer shall be relieved of any future liability urtder this contract only rf tthe assignee assumes in writing all obligations and liability of Buyer under this contract. Addenda which are part of this contract are: SROICERAGEAGREEAfENT 23. TIME: Time is of the essence in this contract. Strict compliance with the times for performance stated in - this contract is required. 24. EFFECTIVE DATE: The Effective Date of this contract for the purpose of performance of alt obligations shall be the date this contract is receipted by the Escrow Agent after all parties have executed this contract. (TAf2 031) 1-1-96 Page 7 of 8 Computer generated using AutoContraC:\Program Files\Acwin\WKFILES\MORRISON.000., This installation of AutoContract~' is licensed for use to: Mprinted 10-08-1996 C©mmercial Unimproved Earnest Nioney Contract concerning BRAZOS CO. MORGAN RECTOR A-46, 29 ACRES 25. MISCELLANEOUS: (a) Buyer should have an Abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a .Title Policy. (b) If the Property is situated in utility or other Statutorily. created district providing water, sewer, drainage, or flood control facilities-and services, Chapter 50 of the Texas Water Cade requires Seller to deliver and the Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (c) if the Property adjoins. or shares a common boundary with the tidally influenced submerged lands of the state,. Section 33:135 of the Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. (d) Buyer should not rely upon any oral representations about the Property from any source. Seller and any broker have no knowledge of any defects in the Property other than what has .been disclosed in this contract or other writing. {e) Brokers are not qualified to render property inspections,. surveys,. engineering studies,. environmental assessments, or inspections to .determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to render such services. Selection of inspectors 'and :repairmen is the responsibility: of the Buyer and not the Broker. 26. CONTRACT AS OFFER: The execution of this contract by the first ~~rty constitutes an offer to buy or sell the Property.. Unless accepted by the other party by 5:p0 p.m. (in t e time zone i~t which the Property is located) on 26 OCTOBER 1996 the offer shat! lapse and be Wulf and Void. This is intended to be a legally binding contract. R€AD IT CAREFULLY. NO ~fPRESENTATION OR RECOMMENDATIQN IS-M14DE BY BROKER OR ITS AGENT OR ITS EMPLOYEES'A4 TiJ' THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THiS DOCUMENT'' O~ TRANSACTION. CONSULT 1rOUR ATTORNEY BEFORE SIGNING. Buyer's JAYGOSS ~'tt :~ ey o~. Buyer DANIEL NfORRISON, ORASSIGNS DANIEL el r MES A. FORD eller ___ BETWEEN BROKERS Listing .Broker agrees to pay NSA ,Other Broker, a fee of $ or % of the Sales Price when the Li Btpt4+~r's fee is received. Escrow Agent is authorized and directed to pay Other Broker from Listing Broker's f~ t;~nsing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation bexW Brokers. N/A FLANNERY SIEGERT Other Broker. License No. Listing Broker license No. By: Other roker'sAddress Phone Na. Seller's IIAfCHAEL HOELSCHER AttorneGJ l sy: &7Q1 CHfPPENDALE COLLEGE STA. TX d09-696.9129 Listing Broker's Address Phone No. On this day, and (b) ^ Earnest Money in the form. of Escrow Agent acknowledges receipt of: (a) O Contract; Escrow Agent JAYGOSS, ATTORNEY, By: Address: 17C Phone: (TAR 031) 1-1-96 Page 8 of 8 Computer generated .using AutoContraC:\Program Files\Acwin\WKFILES\morrison.{3Dq,,~ This. installation of AutoContract'~' is .licensed for use to: Mprinted 10-16-1996 • __, ~ ° COMMITMENT FOR TITLE INSURANCE i:'2',: i`t ii.~'~ ~i t , , , s , , ~ ;'; , , Issued by .. .: .. OLD REPUBLIC NATIONAL TITLE INSURANCECOMPANY'a"i'f'-„tti~at'~a'(,;~~;;~•$•~~°~ G~ ; ~;~; ; ;~ ; ... ~,f THE FOLLOWING COMMITMENT FOR TITLE JNSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. We (Old Republic National Title Insurance .Company) will issue our title insurance policy or policies (the Policy). to You the proposed insured) upon payment of the premium and other charges due,.and compliance with the requirements in Schedule Band Schedule C. Our .Policy will be in the form approved by the Texas Department of Insurance. at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional. charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90} days from the effective date, uMess the .Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you .are under the express terms of this Commitment and end when this Commitment expires. J Authorized Sign tory FORM: ORT 2067 Commi(menl for TiAe Insurance Enetlive 111193 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 4Ap Second Avenue South, Minneapo/a, Minnesota 55401 (612J 371.1111 ,`''~ .~, ., ~ ~ ••., ~:. By ~ ~ ." Piesiden! ~ r ~r w ~i ;`•1 '++y-r--~~/~ ARest rti.~ _-_~~5~~ Secretary .. -•:•ra,8aeew~..~ CONDITIONS AND STIPULATIONS 1. It you have actual knowledge of any matter which. may affect: the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. if you do not notify us in writing, our .liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such. matter, we may amend Schedule 6, but we will not be relieved of liability already incurred. . 2. Our liability is only to you, and. others who are included in the definition of Insured in the Polic4' to b° issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to .acquire the interest in the. land. Our liability. is limited to the amount shown in Schedule A of this Commitment and will be subject to -the following terms of the Policy: iii$iliin~ Provisions, 't"r0iiditii3n5 and Stipula~o=~s, e^d %xciusions. IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER 1-800-392-6667 ALSO YOU MAY CONTACT THE. TEXAS DEPARTMENT OF INSURANCE AT 1-800-252-3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publicatioris and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P. 0. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX N0. 1512) 475-1771 AVISO IMPORTANTE PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL NUMEEO GRATIS 1-800-392-6667 .TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1-800-252-3439 para obtener informaci8n sobre: 1. como someter una queja en contra de una campar'tla de seguros o agente de seguros, 2. si una compar~la de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compafila de seguros o agente de seguros, 4. los derechos del asegurado, y , 5. una lists de publicaciones y servicios para consumidores disponib(es a trav~s del Departamento. TAMBIEN PUEDE ESCRiBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P. 0. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX N0. 15121 475-1771 PAGE: A•-i SCHEDU.GE A GF N0. 12042 COMKITMENT NO. EFFECTIVE DATE OF COMMITMENT: February 15, 1993. 7:00 0"CLOCK AM ISSUED:. 19 O'CLOCK 1. ~~ POLICY OR ~'OLI'CIF.S TO ICE iSSU'~,D ARE: {a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential. real estate) P.ROPOSFD INSURED: REAL ALCHEMY, L.C. AMOUNT: $200.000.00 (b) TEXAS RESIDENTIAL OWNER POLICY OF .TITLE .LNStIRANCE --ONE-TO-FOUR FAMILY RF.ST.D~:NCES (form r-1R) PROPOSED INSURED: AMOUNT: (c) MORTGAGEE POLICY OF TITLE INStI3tANCF (form T-2) PROPOSED INSURED: A,"JOUNT PROPOSED BORROWER: • (d) MORTGAGEE TITLE POLICY BINDER ON IN'PF,FtIM CONSTRUCTION LOAN (form T-13) PROPOSED INSURED AMOUNT: PROPOSED BORROWER (e) OTHER' PROPOSED SNSURED AMOUNT: 2, TEIE INTEREST IN THE LAND COVERED IIY THIS COMM.ITMFNT TS: FEE SIMPLE 3. RECORD TITLE TO THE LAND ON TAF EFFECTTV~: DATE; APPEARS TO 13F: VESTED IN: JAMES A. .FORD, INC., a Texas corporation k. LEGAL DESCRIPTION OF LAND: SEE ATTACHED LEGAL DESCRIPTION AMERICAN ZIT.LE COMPANY RRT 15Afi ~*~ * ~* ~ ~ * ~ ZONING DISTRICT INFORMATION SUMMARY Case #96-120 From R-1 to C-B Existing R-1 Single Famil~Residential District: Proposed C-B Business Commercial District: PURPOSE: This district includes lands subdivided for single family residential purposes and associated -uses. This district is designed to provide' sufficient, suitable residential neighborhoods, protected .from incompatible uses, provided with necessary facilities and services. PERMITTED USES: PURPOSE: This district is intended as an alternative to general commercial districts in areas where certain commercial uses may be appropriate, but where more intensive uses of the land may not be compatible with the surrounding character. Business shall be conducted wholly within an enclosed building. No business activity shall be visible to the street. Single family dwellings. Home occupations. PERMITTED USES: Administrative/professional offices. Alcoholic beverage sales (retail). Art studio or gallery. Cleaner (no on-site cleaning). Dance or music school Domestic: household & office equip. rental. Dormitory. Financial institution. Hotellmotel. Personal service shop. Radio or TV station or studio (no towers). Restaurant. Retail sales. Theater or motion picture house. Other uses may be considered by the Commission. PROHIBITED USES: Convenience Store. Gasoline and service stations. i , I Ys~ '~•3 I a. ~" N ~ ~~ ~ ~ ~r ~ ~ ~ r~ ~ C '~ i ~ .~ ~ ~ ~ ~ ~ ~~ ~. ~. ~ ~- .~ r-- ~..~~ ~ ¢ a, ~. -: ~~ k _~ ~ ~a U o n ~y~ ', ~~ ~l J' ~I aL v J ~~~'~. _U ~O \\ 11 ~~ '~ I ,/`~ ~~ \~, I I ~\ ~° a ~~ I ~l__ i _- i ,~ I ~~ ®~ ®~ ~~ AREA LEFT OUT OF WARRANTY DEED 440281 4,, ~' / `:~ Y ^ i/ !~\ \~ J /\ \\!/ CEN7ER E _ /~ / `.'~. ~`~.~~ CE STAR ` ~~'-'- --~ ~ _ - ti . ~: ~~ ~ ~ , ~ '.~ i CEMETERY ~ CY ~ ~` ~ 7~~ v ~ ~ ~ ~ ~ ~~~ ARBORENM S~.~ - \ v ~, EE CREEX ~ PAft , ~ `~ ~ i EVl ~RE~ \ ~:, ~~-. ~~ ~ \ r ~~ .~Jf -our __~! ~ ~ ~ qtr ~'/ I ~~ " ~ ~ ~ ~ ~ _. ~,~, ,tn ~ ,~I~~~~/%~ ~ ~rsocm+d~oo PuzA~~~ / ~;~~~= ,y/',