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Home My WebLink AboutMiscellaneous 97-101 Anco Service Inc. P.O. Box 218060 Houston, Texas 77218 97-101 Heinz P. Bloch 128 Dawns Edge Drive Montgomery, Texas 773569024 97-101 William & Denise Boyett Jr. 3916 Chesire Bryan, Texas 77802 97-101 Earnest S. Camp P.O. Drawer CT College Station, Texas 77841 97-101 David & Mary Degroot 4408 Pembrook Land Bryan, Texas 77802 97-101 Haydeh Dejbakhsh P.O. Box 5073 Bryan, Texas 77805 97-101 David Dudycha 1006 Sonoma College Station, Texas 77845 97-101 Ray & Beverly Edwards 3823 Village Oaks Drive Kingwood, Texas 77339 97-101 Joseph Elliott 7832 Yorktown PI. Los Angeles, CA 90045 97-101 Enserch Corp-Lone Star Gas Division 301 S. Harwood S1. Dallas, Texas 75201-5696 97-101 Ramiro A. Galindo 1900 W. Villa Maria Bryan, Texas 77807 97-101 Helen Hoelscher P.O. Box 564 Rosebud, Texas 76570 97-101 Julian & Elizabeth Johnson 9915 N. Dowling Rd. College Station, Texas 77845 97-101 Rafeik Sobhi Kheir 1215 Spring Loop #B College Station, Texas 77840 97-101 Ron & Whitt Lightsey P.O. Box 9180 College Station, Texas 77842 97-101 Ronald & Thomas Lightsey P.O. Box 9051 College Station, Texas 77842 97-101 Oscar & Swany Parulian 2606 Pedernales Dr. College Station, Texas 77845 97-101 Rossco Holdings Inc. P.O. Box 10539 Beverly Hills, CA 90213 97-101 Bert Wheeler 10665 Richmond #100 Houston, Texas 77042 97-101 David Whitt 4214 Texas Blvd Texarkana, Texas 75503 97-101 John & Paula Yonkers R1. 7 Box 202 Conroe, Texas 77384 97-101 NIC Investments c/o Salim Ismail P.O. Box 2864 Bryan, Texas 77805 [ RECEIVED 91/1q 19:31 1997 AT q966729 PAGE 2 (PRJNTED PAGE JAN 14 '97 04:47PM HOLSTER.& ASSOCIATES ~, ...-~. "-. ..,:,,~\I\. 2)] ~-<J"~ -~-."" P.2 .' ,If '.,,_. '-, .... . TEXAS ASSOCIATION OF REALTORS<8> COMMERCI~L UNIMPROVED PROPERTY EARNeST MONEY CONTRACT 'fH1t FO"" IS FURNISHeD BY TH1111!:xAS AllS00IA1ION 01 ftlALTOR. 'OR u. .1m ..EMlER..' USI OP' THI8 'ORM IV PERlONa WiO ME NOt'MEMUERS Of' THIi TIXAI ....IOC\ATlON 0' ftlAL TO"fI! III<<)T AUTI<<JRI2:ID. . ..... ",.oallllott 01 "IlAL TO..... In.. i... 1." PARTIES: AAh""~ ~~"'....A~~~ agrees to sell IInd convey to 6 ALl N\ l~ M.6. \I. AI.j D '->lIt. anClEJuyer aift... to buy from Seller the Property described belOW. , PROPERTY:Th. r.IJproperty .sltuated In e ~ "Z:.D.r., described 8$ follow. or as descnbed on attlchediXhlbit: 1-0'- '040 &L()G.l<.. -r lPF UIJ I" I! res In' . I IN U"......:::.-. lit ~TA.T' 0;..\ l' A ~ K. .a,l)D\ Tl ON , ~~~) 6;,~e:- (Seller) (Buyer) 2. County, Tex,s, .' . . togethe. rWlth. 8\1 rights, privileges and appurtenances ~r1alnln9thereto, including any right.., tiUe, ~md interest orSeDI' In and to adJacent IUeata, allaYI. .nd rights-of-way. Thl property sold by- this contract IS called the .Propertv'*. The metes and bounds description determined by tho survey of the Property under paragraph ~b &hart replace any exhibit describing ttie perimeter boundaries of the Property if it differs from the exhibit. OlE: n exc tio s reselVBtlon r restrictions should e des rIb I ra ra h 11. 3. .~ SA. LES PRICE: .' ,{ ~ ~?\ c... '\ ? Y I . '1~)' '1g '\ .? S~~,oo ~ (a) Cash portion of SElles Price payable by Buyer . . . . . . . . . . C'~'.s a ~~;,~ . .. $. . ' I . --.... -0 ~ ~ "!.- (b) Sum crall.financlng described in paragraph 4. . . . . . . . . . ..c~~'II5'" ,vo"" , . .~.4 .....~d'~-rJc (fflIS (c) Sales Price [sum of (a) and (b)].. . . .. . . . . . .. . . . . .. . . . f>.. w P. '1.<10. . .. .. $.~:o ~~I rr #' - ~dj'~' - ....~...os fliP':> The sar.. Price Cis '. (S(IS not to be adJusted baaed upon a survey. (Note: '(theSa/e~ Price 1$ not I tobe'elJusted based on a suNey, d/stegard the remal"der oflhls psrtlgraph). If the Sales PrIce Is to be adjusted based upon II Survey. tne Sales Price shall be calculated on the baSIS of $ .. per [J acre.O square foot of 0 total urea. a net area. "Net.area" Is defined ~s.the..total area of the Property .)CCluslve 'of any portion of the property . lying in: O. any .pul?llc road~ay; a Iny tight of way or easement. except rlght5 of way and easements providing Utility. services. to the Property: and , . If the survey results in an adjustment of more than 10% of tho Salos Price In3(C). either PcBrtt may terminate this contreet by written notice 10 the other party within . days after ths terminating party receives the s!JlVey. If neither party ~o terminates this contrBclorif thevarlal'lce Is 10% or less. the adjustment to the Sales Price shall bernade: 0 in lhe cash portion payable by Buyer; Q proportionately between the cash payable and any promissory notes o.IC.ecuted at cloain9. FINANCING: The portion oUhe Sales Priee not payable In cash shall be paid as follows: (8) ASSUMPTION: Buyer shall assume the unpaid principal balance Cif a first lien promlssOl)' note payable to " duled '.. .. .. . .. ... ,which balance atclosing wiU be'S . Buyer'$ initial payment shall be the firslpayment due after closing. Buyer's assumption of the e~isting note InclUdes all obligations imposed by the deed 0' trust securing thEt note, recorded In Vol, ".",., 4. Q (TAR 031) 1.1.96 . '. Pag' 1 of 8 '. I".,. . . " [ RECEIVED Bl/l~ 19:32 1997 AT ~966729 . Jj:tj 14 '97 04: 48PM HOLSTER & 3) ] P.3 _..;.~. . . Commercial Unlmpnwed e.rne,t Money Contract concerning I..dT \4 . ~l.oC.It." , u"sUJl!r!'lo' 'f'( p"ai- r ~.$..' '7",1. . I'~ ': Page In the real property records of the county where the Property la IoCIIted, If the unpaid pr\ncl~1 balance of the assumed loan al of the Closing Data varlel from the loan balance stated above, the c;ash payable at Closing Ihlll be Idju$ted by the nel amount of any variance: provided, if the total principal baIInce of an assumed loan. VlrIe, In amount gtelltar then $ It ' oIoIlng. lither partY may terminate thls, contract and the Earn..t Monly,lhaH be refunded to Buyer unless either party elects to eliminate the exceaalnthe varl8nce bY ." appro..te adjustment at closing. Buyer may terminate thIs contract and thf Earnest Money IhIIr be refunded to Buyeflf the note holder on htumptlon requires: (I) Buyer to pay an ...umpUon _In .... of S I and Soller decllnet to pay luchexcesa: (II) an lncru.1n the Intl_ rata to mora than %; or (Ill) any other modifiCIItIon of the loan dOcumIntI. A vendo(l IIIIn and deed of tN. to .eeura ..sumptlon lhall be l'IIqulrad. which shall automatically be relu$adon execution and dellV!HYof a release by the note holder, If Seller is released of IlabUItY on any auumed note, the vendor's lien and deed of trust to ' HOUre u.umptlon lhall not be required, If aelUmptlon approval II required by the note holder, Buyer shall apply for .uumptlon approva1 within day. after the Effective Date of this contract and thall make every reasonable effort. to obta\n Issumptlon apP.I'ovll AllumptJon approval shall be deemed to have been obtained when the lender hu determined that Bwer NIl Atla(1e<:t aU of lender's 'flnanclal condition. (tho.. lteme .....ttng to Buy."" ability to qualKy fOr ueumptlon). If ...umptlon .approvella not obtained within days after the Effective Date, this contract .hall terminate and the Earnest Money shall be refunded to Buyer. . ~ G:f (~) .THla~ANCtNG6 'Buyer shall .pply for a third party flret lien note of f,~ $~~q~ooo payable at Grmonthly 0 quartei1y Q. Intervals ~<:,. n for not less than I~ ' -,years with the Initial Interest rate not to exceed ~ % 'Per annum. ~ ~'\\\ -:'st-t , WIthin ? days after the EffectI'Je Date of this contract Buyer shall apply for all third party C;.{ \ financing lOCI shell make every reasonable ertort to obtain flnenQing approvlll. Financing approval shall be deemed to have been obtained when the lender has detemilned that Buyer has satisfied all of C. lender's financial conditions (those Items relaUng to Buyer's ability to qualify for approval of a 19an). If W"l'f'i~ t1 financing approval II not obtained within ~qO days aft.r the Effective Date, this contract shall ,IV ~.~\: #\\I~)\ I termlnat. end the Eamest Mone. 'I shall befe e 11OBuyer. Each nOle to be executed hereunder shall '-}., . be secured by vendor's and deeij of trust tlens. . a (c) seLLER FINANCING: At. closIng, Buyer shall execute and deliver a promlseory note (the Note) from Buyer to Seller or S . bearing % Interest per annum and Interest at the maximum rate of Interest,. but not to exceed the maximum rate of Interest, per annum allowed by law on matured, unpaid amounts. The Note shall be secured by vendor's end deed of trust liens and an .88llgnment of leases payable at the place deslgnatld by Seller. The Note a shall 0 shall not provide for liability (peraonal or corporate) 8galnst the maker In the event of deflult. The Note shall be . payable as follows: . .. ... . 1"lo0l__\. \ ~ ..~,.I ,l', ! '.f . ',:;:l,' -iI' , ~/ ~,. .'~ ':{ :'.' \' :0, ''''0 .... ~"!,,,;.I.I:. Q (1) In one paymen~ due after the date of the Note with Interest payable a monthly 0 quarterlv a annually I.J a (2) In Cl monthly a qua~rly d ~nnual 0 installments of '$' Q InclUding interest 0 plus Interest beginning after the dale of the Note and conll,nuing at a monthly lJ quarterly 0 annual Q intervals thereafter , tQr when the entire balance of the Note shall bo due and payable. Q (3) Interest only In [J monthly q quarterly 0 annual Q installments for the first : year(s) and thereafter In Installments of $ Q Including Interest 0 plus Intere!;t beginning after the date of.the Note and continuing at 0 monthly 0 quarterly Q annual 0 Intervals thereafter for . . when the enUre balaneeof the Note shall be due and payable. \.. Unless the parties agree otherwise, the most redent forms prepared by'the state Bar of Texas sh~1I ba used fortbe Note and deed of trust required by this paragraph 4(c).The Note may be prepatd in,y.rhole or In part at any time without penalty. . Any prepayments are to be applied to the payment Qf the Installments, of principal last maturing and interest shall be Immediately cease on the prepaid prin~ipal: (TAR 031) 1-1.96 . 'J t. Page 2 ofi I ' " .. . . "' [. RECEIVED 91199 19:36 1997 AT q966729 PAGE 2 (PRINTED PAGE 2)] JAN 09 '97 04:53PM HOLSTER & ASSOCIATES , . P.2 " I, '~ , .'.' Commercial Unimproved E.rn..1 Money CDlilrBcl concerning L.O"T. 1 A- t P-.LI)~1C..1; UJ.l\\J~@tlT'l f'AI2.li., e. .~. , 'f';C. . a The lien securirlg payment of the Note 'iN1II be Inferior to any' lien .ecurlng soy superior note described in this contrect. I' an OWner Policy- of Title Insurance 18 fumlshed, Buyer, at Buye", expense. shan furnish Seller with a Mortgagee Title POlicy In the amount of. the Note st closing. If 81 or anr part of the Property Is sold or conveyed without prior written consent 0'. the Seller,. then the Seller a Beller's option may' declare the outsfanding prlnclpal balance of the Note, plu~ accrued Interest, to be ImmediatelY due and payable, The creation of a au bordlnate lien, any sale thereunder, any deed under threat or order or c:cndemn,tion, any conveyance 80lely between the parties, the passage of Utle by reason of death of a maker or by operation of law shall not be c:onsttued as a sale or conveyance of the Property. In addition to the principal Bnd interest installments, Buyer Cl shall Q shall nol deposit with Seller a pro rata part of the estimated annual ad valorem ta:lees on the PropertY. If Buyer deposits taxes with Seller, Buyer agrees that the tax def'Oaltssl'e. only estimates and maybe Insufflelent to pay total tIlX8S, ;Vnd .' .- Buyer agrees to pay ant deficiency within 30 day. after notice from Setner. If auyer depoQits laxes with . Seller. Buyer's fanure to pay the deficiency shall constitute a de'ault under the ckted of trust. If any superior lien holder on th. e Property Is collecting escrow payments for taxe., any requIrement to depOSit t8xes with Sener shall be Inoperative 80 long as p-aymenls are being made to Ihe superior lien holder. Any Ict or occurrence which would constitute default under the terms of any lien superior to the lien ,.curlng the Note shall conlUMe a default under the deed of trust S8Cuting Ihe Nole. The Note shall include a provision for reasonable attorney'S fees If the Nole Is placed in Il1e hands of an attorney for collection. '. . (d) CREDIT APPROVAL ON ASSUMPTION OR SELLER FINANCING: Within days aller the Effecti....e Date of this contract, Buyer shall deliver to Seller: a credit report; [J verification of employment, including salary; o verification 0' funds on depoalt In financial in~titulions; 0 current "_ .... financial statement; end 0 . . . : to establish Buyer'S creditworthiness for assumption approval ot seller' financing. If Buyer's documel'ltaUoo Is not delivered within the speelned tImE!, this. contract shalltermln,te and the Earnest Money shan 'be refunded to Buyer. If Buyefs doeumtl'ltationis timety delivered, and Seller determines , inSeller'a sole discretion that Buyer's credit Is unacceptable. Seller mayJermlnate this contract by wrillen notice to Buyer within days after expiration ofthe.time for delivery and the Earnest Money shall bEl refunded to Buyer. If Seller does not so terminate this contract within the time specified, Seller $hall be deemed to have a::~e:~~e;;~ .' EARNEST MONEY: Buyer shall deposit S IT, iX._. .69 . as Earnest Money with . ~'10.1'{~ ,~,"'p.;1 , UJ . '.. . . . ,(Escrow Agent) at on the Effective, Date ofthls . contract. The Earnest Money shall be depOsited InBn :.r~~~::~ o non-Interest be~r1ng account In a federally Il1sured fiiianclallnstitution ehosenby Escrow Agent and any Interest shall be credited to Buyer. If Buyer falls to deposit the EBrnest Money as required by this contract, Buyer shall be In default. lUtE POLICY AND SURVEY; 6. 6. 6i . . (a) TITLE POLICY: Seller shall furnish to Buyer at Seller's expense an Owner Policy of TiUe Insurance (the TltlePolicy)lssuedby LAlI.a'l~L2 ."""I-rLG ~. ..' .' . .' (the Title Company) in the amount 0 the Sales. Price. dated at or after closing. insuring Buyer against loss und. er the provisions of the Tille Polley, subject only to thoseti.tle exceptions parm. iUed by this contract, or as may be approved by Buyer In writing, and the standard printed exceptions conlaiMd in the promutgilte~ form of Title. Policy; provided however that: (1) the exception as to area and boundaries 0 shall a shall not "be deleted' except for any shortages In area at the. expense of Q Buyer D Seller; and (2) the exception as to restrictive covenants shall be endorsed "None of Record-, unless restrletitinsare approved by Buyer.Wilhin . ,-;' days after the Title Company receives a copy of this contract Seller shall furnish Buyer a commitment for. Tille Insurance (the Commitment) including cop,lea. of recordecl documents evideneing<liUe. exceplions.;.Sellet8uthorizes the Tille Company 10 dehverthe Commitment and related documents to BuyeratSuyer's addre$~. Buyer shall have ,r;. ... days after receipt of the Commitment and ,legible copies of doeuments evidencing title excep.tionsreC/ulred by this contract 10 object in wrillng to maUers disclosed In the Commitment other than the standard prinledexceplions as de$Cribed or limited in this paragraph. 1',1 . (T^,~ 031) 1.1-9B "ege 3 0' 8 [ RECEIVED 91/99 19:37 1997 AT q966729 PAGE 3 (PRINTED PAGE 3)] .~.~.~,:. JflN. 09 '~. :~:.~~ HOl:-SrER & ASSOCIAT~ii'liiH' r " , . .... . P.3 '" " .. . , '~C!~n;l.1 Unimproved elmest Mon~y Contratt concemlnG t.o-r14. BLo~' .,... u tJ,\"E2AolT"f ~. e. S., TII-. , ( .' . , . .' .*. ~ ' I : , a' (b) SURVEY REQUIRED: (Check (1) or (2) only) , , ., 0 (1) Within deys after: 0 Effective Date of this contrect; Q the. date by which BUY'l'ls required to complete Inspections, studies or ......ments In paragraph 7(b); (check (I) ~ (II) only) . ,,"'t- . . a (I) Buy~r may obtain I lurva)' of lhe Property at Buyefs eXpense. '. .... . o (II) Seller, at SeUer's expense, shall fumlsh to Buyer a survey of the Property dated after the Effective Date of thiS contract. .' , Buyer ~. wlthJn days liter Buyer's receipt 0' Ihe survey ObJect'n wrlUng to Iny matter which constitutes 8 defect or encumbrance to title 00 the surveyor If the Burvey shows any part of the Property to lie In B 100.Y88r noodplain area. . GJ' (2) Wthk1 ,r; days after lhe Effective Date Of th.. contract. Seller Ihtlll 'uml$h Buyer a we and correct copy of" Seller'. exl8tlng 'UIV'Y or the Property dated . The survey {check (I) or (IQJ: (I) Itr8hanbe !)lcertlnecl no eariler than ~A1Z?1-\ \"S. ,~t.:t '1- at the .xpense of a Buyer . GYSener; (II) 0 shall not be recertlflecl. Within ~ days after Buyer receives a copy of lhe lurvey or Bfter Buyer receives a copy of the rece fled survey. whichever Islaler, Buyer may object In writing to any matter shown on the survey which constitutes a defect or encumbrance to title or If the survey : . .' I shows any pert of the Property to lie In a 10o-year,f1oodplaln Brea. The survey required by this paragraph ~b) shall be made by a Re~lstered Professional Land Survevor Bccel'lable to the tile companv and any lender. The survey shall: (I) .ldenUfy \he Property by metes end bounds or platted lot description~ (ii) show that the survey Was made and staked on the ground with corners permanently marked: Oii) set forth the dimensions and total area of the property: (Iv) shOw the location of all' im~ments. highways, streels.roads. railroads, rivers, creeks, or other walerwav., fences, easements, and rights of way on the Property with ell easements and rights of way. referenced. to theIr recording information;. (v) show any discrepancies or conflict. In boundaries, .ny. vIsible encroachments, .n~ eny portion .of the Property lying within the 100 year floodplain as shown on the current Federal Emergency Management Agency map; and ('II) contain the su......yor's certlficele that the survey Is true and correcl , . ' Buye(s failure to object under paragraph..6(a) or 6(b) within the time allowed shall constitute 8.' Waiver of Suyer.s . . right to object ,)(Cept that the requirements In Schedule C of the Commitment shal.1 not be deemed to have been,' waived.. If objections are made Dy Buye. r. or any third party lender, Sell~ shall cure the obJection. within 20 days ,.. after the date Seller receives 'hem. The Closing Date shall be extended 8& necessary to cure objections. if ctbjecUons are not cured by Ill. extended. Closing Uate. this contraot shall terminate and the Earnest Money shall be refunded to Buyer unless Buyer elect&lo waive the objections. 7. PROPERTY Cc;lNDITION/FEASIBILITY STUDIES: (Check (a) or (b) only) ~ (8) PRESENT CONDITION: Buyer aecepts the Property in 118 present t1as-hr.:'#)ndltlon. ~\ "C\ ~qO }';.- ,\h\ (b) INSPECTIONS AND FEASIBILITY STUDIES: Within days Ifter the EffectJve Date of thIs conb'eet l;Juyer, It Buyer's expense, may comp1ete or diuse 0 e completed Inspections of the Property (Including any l!nProvements) .by Inspectors of Suyer'scholc:e. Inspections may Include but'lre not f1mltedto: <I) physical property Inspections: (II)' economic feasibility studies: and (IH) eoy type of environmental ass.ssment orengll'leering stu~y Including the performance of teats sUCh as 80lls te.ts or ............ alrsampfll'\g. Seller shall permltBuyer and Buyer's Inspectors acce", to the PI'QPe~ at reasonable limes. . If Buy.r delermines,_ in Buyer's sole judgment, that lhe Propehy II not suitable for 8ny reason for Buyer's intended use or 11 not In satisfactory condition, then Buyer may terminate this contract by provlcUng' written notice of termInation and copies of aU reports. of inspections, studies, or assessments comp!eted or caused to be COfnpleted by Buyer under this paragraph to Seller within the time required to comPle..te the inspections. stUd'.es. .or assessments under tht~.parag. raph, and the Eamest Money shall be refunded to Buyer less thlil sum of $ flf A . -' to be retained by Seller as independent conslderallon for Buyer's r1g~t to terminate -un r this .paragraph. If Buyer does not terminate this contract within the time required any objections with respect to the inspecUons, studies, and assessments under this paragraph shall be deemed waived by Buyer. If this contract does not close through no' fault or Seller. Buyer shall restore the Property to Its original condition if altered due to o 'rH (TAR 031) 1-1-96 Page ~ of 8 [ RECEIVED 91/99 19:38 1997 AT q966729 PAGE q (PRINTED PAGE JAM 09 '97 04:54PM HOLSTER & ASSOCIATES q) ] .. P.4 ..:' .t .. , . COMm$rela' Unimproved Earnest Money Contr8ctconcemlng LoT' "'. f!>LC~ ...... u...h\lelZ ~f'T'( f"A~, e.4 . ,"T)C. . . . Inspections studies, or aSH$lments comp1oted by Buyer or Buyer's insp~tof'I. Within --5..--. days after the etrectlve Oat. or thIs contrect Seller .hall deliver to Buyer (,trike eny not to be del#V8ifid]: ' (1) copies of all notes and deeds of trustassumed or taken subject to by Buyer: . . .. ;~... (2) coplasof .11 1~i1$e$ pertaining to the Property, ineluding any modificatio!'s. supplements, or 8mendments to the leases; .. 0 , o lit" (3) .. copies' of all. previous environmental assessments, studies, or Bnalyaes affecting the Property In , .~ _ .seller's .possession. '. . , ' 1~~::~~:PR~~N$::~~b.~~~~ ahd.Il~.r. MY oUler broker represents: [] seller as.L1stlng Broker's Subagent; Q Buyer only. Seller shall pay Listing Broker (choo.. only one): , ' (a) the fee spe9!!i~~d by separale agreement between Lisling Broker and Seller. (b) a total cash fee of either $ or ~ % of thetolal Sales Price in 8.e.A. ~b ' ' C<XJnly. Texas an cla$ing, Of this sale, which Escrow Agent shall pay from Seller's proceeds of lh.e sale. If Seller defaults, the cash fee shall be due and payable In fu. II. If Buyer defaults, Escrow Agent Is authorized to pay Listing Broker one.halr of any Eamest Money Seller receives under this contract not to exceed the amount of the cash fee. 9. C(.OSING~ 8. . ;,11,1 (a) The closing ofthe aaleshall be on or before AP'I2,.tL. IS' 1<C:\4"}- . . . . · .. or within 7 . days after obJections to title or the survey have been cured, whichever date ia .Iater (the Closing Date): however. if financing or assumpUonapproval h8$ been obtained pursuant to. paragr~ph 4. the Closing Date. shall be extended u~ to 115 days only If necessary to comply with lender's Cl.os.lng . instructions (for example. survey and cloSing documents). If either party falls to ClOS8 this sale b)'the Closing Date; the non-cfefaulting party $hall be entitled to exercise the remedies contained In paragraph 15. (b) At .closing. Sellar shall furniSh, at Saller's expensQ (strike. any not to be 'um;sh~d): (1). tax statements showing no delinqUent taxes on the Property; (2). 8n assignment of all leases to or .on lheProperty duly e)Cecuted by Seller; (3). :11o~e:::d~o~~r~~p~~~'~'b,~~ege=r:ai~g p~:~a~~d6!n:~JeaSible tiue'. to the Property (4) ~videnc:e thalthe person executing this contract Is legally capable and authorizedtQbind Seller. 1 O. ~OS~ES~I()N: Seller shan deliver. pO$$essionof the Property to.Buyeron"LD S IJJ ."'.... ~ FU~O I pJt., In ilS presliInt condition. Any possession by puyer prior to closing or Seller after c:lo$ing that is not ~~~~;~'Hfp~~":ee~efh~p~rt~~~tte" lease agreement, shall establish a landlord.tenant at sufferance 11.. SPECIAl.' flROVISIONS: '~~t "'H,~e>FFG12- 1~ CeNT" NC.,e.,.JT uPON ~tJt:~FtJL- f:Q'~^"ltJ6I pF -rH\., f"J2.C P~T"( f'2DM- A..'f · Te;> II Gob" . '- ,,\_, "..;,.' ;' \, (tAR D~1. ) ~'HlO . ~ .. .. . . P,ge5 018 [ RECEIVED 81/99 19:3B 1997 AT q966729 PAGE 5 (PRINTED PAGE JAH 09 '97 04:55PM HOLSTER & ASSOCIATES 5) ] . l .. P.5" , ~. ;' ~~. . .. Comm'erel8l'Unl~rc. e'.~t Mon~~ Conlr~ co~mlng 1,.(>1" 1<4 , B ~ .,.. , ~ P. '''fCr.2~I''''f fbllK.," ~ ~.. 'r~ , I , , 12. ' SALES EXPENSES: To be paid In ~Ih at or prior to 0I0$I"g: , (I) Seller's Expenses: Releases of existIng lIenl, Including prepayment penalties and recording "fees: release of Seller'e loan llablllty; tax Itatemenw or oertlflc8tes; pr'peraUOn of deed; on""'." or IIcrow fee: and ~ei expenses stlpul8ted t~ be paid by Seller under other prov~lon. of this cont~ . (b) Buyer's Expense,: 'AtlloIn fees or expenses (t.g., re.. for application, orIglnaUoh, discount. apprallal. .lIumptlan, recording, tax ..rvice, mo~age. OUe pollclel, cndlt reportl document preparation and the like): preparation .and recording of (feed of trult to secure Jl8IUm06o. n; required premiums for In.urance; Int''''lt on ai' perIodic Instillment payment notes from diate of alsbursementl to ane ~yment period prier te date8 of liratperlodlc payments: one-half of ,.crow f.,; 'ees for ~Iel and delIVery of :, r,l title co",""tment end related documents: .and other elCpenses stipulated to be paid bY. Buyer under other provisions of this contract. ~ ' ..'. (e) If any sales expense exceeds the amount atated In this contl'8C:t to be paid by either party, elther:Pi1rt~ ' , may terminate this contract unless either party agrees 10 pay such excess. 13. pRORATIONS AND ROLLBACK TAXES: '(a) Inlerest on eny assumed toan,current taxes, and any rents Shall be prol1lled through the Closing Dete. If the amount 'of the ad valorem taxes for the yeilr In which the sale Is do,ed Is not available on the Closing Date, proration of taxes shall be made on the basla of laxes asess6d In the previous ~ear. If Buyer Is assuming Jjayment of or taking subject to any existing loan on the PropertY, 'aU reserve deposits for the payment of taxes and other charges. shall be tranaJerted to Buyer by Sell.r and Buyer shall pcIY to Seller lhe amount of such reserved deposits. lit closing. " . . 'f,";' (b) If this sale or use of the Property after cIosl1'\9 results I'; the assessment of additional taXes for periods prior. to closing, '" addltlonal taxes shall be the obligation of 0 Buyer a Seller. Obligations Imposed , by this paragraph shllll survive closing. ' . (c) SeUer shall. at closil'l9, tender to Buyer any security deposits, prepaid expenses, and advanced' rental payments peld by ,ny and all tenants. ' , ' . . 14. COND.I:MNATlON: It prior to~lo8lng condemnation prOceedings are commenced against any portion of the Property, B~lrmay: (a) terminate tflls contract by Written notiCe to Seller within days after Buyer Is advised of the condemmUlon proceeding and the Eamslt Money shaH be refunded to Guyer: or (b)' appear and defend In the condemnation proceeding end any award In condemnation shall. at Buyer's election, become the property of Seller and lhe sales price shall be reduced by the same amount or shall become the ,p,roperty of Buyer and the sales price shall not be reduced. . , ',~ ".. .1~. 'DEFAULT: If Buyer fans to comply with this contract, Buyer shall be In default.. Seller .may eilher: en. force speelfic performance. seek other relief as may be provided by law, or.bolh; or terminate this contract and receive the E.mast Money as liquidated damages. thereby rereasl"g the parties fromthlscontrael If Seller Is una!:?le withoUt fault to deliver the Commitment within the time allowed, Buyer ma)' either terminate this contract and receive the Eamest Money 8S the sole remedy or' extend the time for performance uPito.15 da)'a and lhe Closing Oate shall be .elCtended ElS neeeS$ary. If SelIer falls to comply with this con\rect for any oUier reason, Selkir shall be In default and Buyer ",.y either enforce specific pel'fom1af108, seek .uch other relief 8S may be provided b.Y raw, or both; or terminate this contract and receive the Earnest Money I thereby releasing the parties from tnis contract. is. ATTORNEY FEES: If, Buyer, Seller, listing Broker, Other Broker, or Escrow Agent is II prevailing J?arty in 811Y legal, proceeding brought under or w'th relation to this contract or thIs transaction. such party shall be entlUedto recover from the non-prevailing parties all costs. of such proceeding end rea.sonable attomey fees. . The provisIons of this p~ragraphshal\ survive closll19. . , \ 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 0' lI~blllty of Escrow Agent for dlstjursement of the Earnest Money. Any refund or disbursement of Earnest Money under this conti'ac:tSl'llll.be .red~ by the Bmount of unpaid elCpenses Incurred on behalf of the party receiving the ElIIrnest Money, end Escrow agent shall pay. the same to the creditors entlUed thereto. At closing. the Earnest Mono~ shall be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. OelMnds. Itnd noticesrequired by this paragraph shall be In writing and delivered by hand delivery or by certified mail. retum receipt requested. " . , (fAR 031) 1.1.96., , , ','. ~' ~, ,:.,0 !I',',~ Page 8, or B [ RECEIVED 91/99 19:39 1997 AT q966729 PAGE 6 (PRINTED PAGE 6)] , JAN 09 '97 04:56PM HOLSTER & ASSOCIATES P.6, ;. Comltlltrcl.l Unimproved Earnest Money Contract GOnQemlng \..of ,tt. &Lc>t:K't', t'~\~~~~t ~"'l PAI2U. I ~ ,~. ,"~ . . . . . 18. MA 1'ERIAL FACTS: (II) Seller shell convey the Pro~rty D, n closing: (I) with no liens, assessments, or other seCUrity. Interests ,gainst the Property which will not be satis"ed out of the Sales. Price unless se~ring. payment qf any lOans assumed by Buyer; (il) without anyassumecl loans In default; and (m) with no parties In possession. of sny portion of the Property as lessees, tenants at sufferance. of trespassers except tenants under the wl'it~en leaie. delivered to Buyer p~r8uant to thl. contract. (b) To the best of Sener's knowledge and belief (choose (i) Of (i;) only): Q (i) Selll:ar Is not aware of any matei'ial defects 10 the Property Qxcept as stated In the attilehed Property Condition StatemenL ' ~sellerlS notaware or any envirOnmental ha%Brds or condltrons affecting the Property which would \1lolate any fedefal1 state or localltatut8s, regulaUons. ordln8noss or other requirements and more .apeeiflcelly, but wIthout limitation, whether: (1) the Property Is or hIS ever been used for the storage or dlsrosalor hazardous 8ubstenc8sor materials or loxlc WIS. te, . dump ,lte or landfill, or the hou&lngoany underground tanks or drums; (2) any geological faults (surface or sublurface) lie on the "Property; (3) wfi!Uands, as defined by federal or slate law or regulation are on the Property; 'and (4) threatened or endengered species or their. habitat, aldefined by the TexB.s Parks 'fld Wildlife Department or the U.S. Fish and Wildlife Service, are on the property: except as follows: -. ~ .' t1., 19. NOTICES: All notiees.$han be in writing and effecliveWhenhand-delivered, mailed by certified mail return receipt requested. or se...t by f,cslmlle t.ransmlsslon to: BUye(.t~~~x.~~ $'zci'~~~~'tP~~p PhOf)~~~.) ~~~~~~ ~tlDnet7iJ' 't?~~~,?O n 1 Fa.x 3m-_.~~--- .. . Fal((1~1) ~1? -.."...,'-:7 20. FED.I:F{AlTAX Ri!QQIREMENT:lf Seller Is 8 "foreign person", as defined by applicable law, or if Seller Jail.Jod.eliver. an. affidavit . that Siller is not a .'foreign person",.. then Suyer $halt wilhhold .frem the 18188 prC)Cef,!dsatcloslng .llnamoont sumci~nt to comply with applicable taX Jaw and deliver .the same to the ~~~~~~r~~~M,9r.:'~'~ :~~~~~~~n~~~~~ R::~~J.u~ regy~raqulre 21. DlSPlJTE RE.SQLl.lTION:The parties. agree to negotiate irigood faith to. an effort to resolve any dispute rel8t~to this CQfltractthat may arise. If the dispute Clnnotberesollled by negotlaUon. .the dis~te shall be subn\itted tomedl,'lon beforelhe parties resort to arbltratioo.orlitlgation and a mutually acceptable mediator ,h~" i~ed1oSen~ythe partIes to .the dispute ,who shall Shar~t~e cost of mediation. services aqually I , .' 22. AqR~EMENT OFTJiE PARriES: . lhls contract shall be bInding on the parties, their heirs, executors, re~r~"entatives,succes.ors. and assigns. This. contract shall be. construed under and In accordance with laws, pf th~ .StQle~f Texas. .. Tt'lis conl.ract contains. the. B.ntire . agreement .o{ . the p'a('t~s 'af'*t cannot be ct,linped except by wriUenagreement.1f this conVect is e)(~eutea In 8 number or-identiCal counterparts. e;lc~'~u"terplirt .I~ ~~ff1ed~nori9Inal. and, all' counterparJs "shall:.. co.llectlvel)', . con'til~te. 'one. ag~eement. Buy~r.. ..... '(g"'m8yQ mey.not .' ..... assign this contract. . If Buyer assigns this contract Buyer $hall be relieved of any. fllture liabUity underthis contractonly.if theCls$ignee assumes in writing an obligations and Inability of 6u.V~~ lII1d.er thIs contract. Addenda which are part of this Corlract are: i: ~'.1 '.~ .. 23. TIN\!i:Timeis of.the essence in this contract. Strict compliance with the times for performance stated In thlsc:oQtract is required. . . 24.EFF~qtIVE' DATE: The Effective Date of this contrac.t. for the. purpose of performance of all obligations shallibe the date this contract is receipted by lhe Escrow Agenl after all parties have executed thIs contract. I~I"~". ? t, (TAR 031) 1-H16 Psg. 7 o( 8 [ RECEIVED 91/~9 19: q9 1997 AT q966729 PAGE 7 (PRINTED PAGE 7)] .: J~ e9'97 04:56PM I-IOLSTER & ASSOCIATES iN~;::,:'jrY~il i' 41 ~ , . 't ... .1 P.7 , ~ "'. , ' ~ , Commerclal'UnlmprQ'/e<! earnest Mon~y Conlt,ct Concerning Wi"" 4 I ~Ul~'" 1l~'~El26rrt ".4~ I -'.'$..."f'.iL..' ~.' . r. '. t. t, , " "~~".", " 25.' MISCELLANEOUS: . ' (a) Buyer should ha". In Abstract covering the Property examined by an attorney of Buyer'I' Hlectlon. or, Buyer sHould bl furnished wUh or obtaIn I Tille Policy.' , . . -' . (b) If the Property Ii. situated In utility or other statutorily created dlstttct P!'Ovldlng wlter, lCtWer, drainage. or nood controt faclllUes and serval, Chapter 60 of the TexiS Water Code requires SeDer to dellYer and, the Buyer to .kln the statutory notice relaUng to the tax rete. bonded Indebtedness. or standby fee of the dlstrtct prior to lInel execution of this contract . " (0) If the Prop!rty adjoins or $hares 8 common. boundary with the tidally influenced lubmerged lands of the state. Section 33.135 of the Texas Newral Resources Code, requIres a notice regarding coastal area property to be Included In the contract. (d) Buyer should not rely upon eny oral r. e. pres. entatlons about the Property. ftom eny source. Seller and any broker have no knowledge of anydefeets In the Property other than what has bun dlsclo..d In this , conlraet or other wrlUng. . ',. ' (e) Broke. rs .re not qualified to tender property Inspections I sUlVeys, engineering $tudles. environmental assessments. or Inspections to determine compliance w th zoning. governmental regUlations. or, taws. Buyer should seek experts to render such ...rvlces. Selection of lnspector. and repairmen Is the responsibility oUhe Buyer and not the Broker. ,,' 26. CONTRACT AS OFFER: The execution of this contract by the fll'8t party constitutes en offer la buy or sell the Property. Unless 8QJ:epted by the other party by 5:00 p.m. (In the time %one In which the Property is located) on ~E~ ~1Z... \ ~ I t,",'" ~ ' the offer shall lapse and be null and void. . ThIs 'slntended to be a legally binding contract. READ 'IT CAREFULLY. NO REPRESENTATION OR RECOMMENOA nON lS MA'OE BY BROKER OR ITS AGENT OR ITS EMPLOYEe:' AS TO THE LEGAL . SUFFICieNCY, LEGAL EFFEC'f., OR TAX CONSeQUENCeS OF THIS DOCUMENT OR TRANSACTION. CONSUl: T YQUR ATTORNEY BEFORE SIGNING., . I ." . . ' ~.--G __.__~tl.\ 0-- ~~ -~o uyer . . t?E!~ ~r~~ A""~ ~,~"7NNV Bu er e ler AGREEMENT BETWEEN BROKERS :' .:.1 Usti~g Broker agrees to pay f}.If\ltt:. \J~$M~' 1-rt:1.-u.I., @f2"'L.-roJ2:.~ , Other Broker, , a fee of $ or a. ,. of the Sales Price when the L1sUng Brokef. fee Is received. Escrow Agent Is authoriud and directed to pay Other Broker from Listing Brokefs fee at cIostng. This Agreement ., Between Brokers supel'$edes any prior offers and agreements for eompenutlon be een Brokets. (1.. 'z:. ~e I ~. '0 e, ro er cente o. .' On this day, and (b) 0 earnest Monay In the form of Esc::mwAgent Addre"; RECEIPT \. . . Escrow Agent aCk,nowledgGs recelpt of: (8) Q Contract; I .,~ .1 By: Phone: (TM,031) 1.1,98 Page 8 of 8 "~~'.... -.....,~---- REQUEST FOR LEGAL ASSISTANCE Research 0 o 1t~~ 1&r-<~ ~ " Advice 0 REQUEST FO? ASSISTA~CE SUBMITTED BY: DATE: d- (p(q, DIRECTOR APPROVAL: DULlNEAN~ EXPLANATION TH~REOF: 0l/f;~(q7 ~ ~ . (){ lJr-b----{ ( /Y'f' ad; ~, '1- :3 5 (q 7 . . Q Ordinance Writing EXECUTIVE MEMBER APPROVAL: Contract Writing 0 Property AcquisitionD litigation! Potential Litigation 0 EXPLANATION OF FACTS: 7~~ ~ M-t4,LUockT8f-:, L1~ffi iJ'--- ~JL 6(<0->--- A::PdiF~-b. EXPLANATION OF ISSUES: r( (It QUESTIONS REGARDING THE ISSUES: / AI lA, STAFF GOAL ON THIS REQUEST: 3. jslc/formslass;sl 04111194 ...\J" 7X I \ \ I V\A- yr \.~\ \..: lJ.~ CJ n X\' t-\ ~ '<Y;~.",:::,::~!::.:.... 2 .x ::x ~ ....w.....'...w >I>W R:::r:::::i~t~!!irr ( L.fJj . R-1 ;, Cl - ~ /~ t'l@ ~ ~ 2~;<f~ @ @ I ~ 1~ C-1 ~'I.' @ C-1 G) If ~~0' (,Q\ @ - ';J:T~ ,r d ~ I @) ~\~~i@ @ N I I 11 IC-1 @ I-' T I I Tl ~ EAST T.ARROW' / .' ~1111 .>. @J5!, \ I I I C-1 C-1 G) JTT'- -=- 2 @ _ "- C-1 @ ILl / CASE NUMBER: 92-101 CASE TYPE: REZONING (A-P to C-B) ZONING CHANGES f!li!i'//!'..if!.J r:rrc:~z~~~e; t6etu.::t NOTE: Parcel. indicated by circled number are currenUy under city-initiated rezoninc (to C-B) procell. r Pre-riOWl CIt,r-iDiUated rezoDiDc from. C-l) o 500 II I I I I SCALE (In fu1:) ~I-- I . I I I I ~ I ~I 51 ~ I ~ l!I ~I I -- =1- I trtI II ~ ~ r;..1- C-l 'A-r v--- C-Bj ~ ~:~,i: l? i !A-Pj} ~~~ ~~II//~IIL- ~yrr{1 IT" )~io;:r.,>ffit" _1>-= ~: III ~~1~~ - f-_ ITIIJJIIIIJ III r-.l 'v ~ " - f- =.ffiffiffiE I I I '--. Iflllll W ~ . 11111 r- OIIIIIJIIJ I I I I I ~ DIIJIIIII] 1\ I I I ~ III I I II I - I - - S.H.6 - E:ASr BYPASS R-1 R-1 R-4 1""- I--{ f-- - - - - - - I 1/ -r--- r---- r:? ~ -r-- - -r-- --- --- -- f=' --- -- -." """" R-1 ::::: -= -= == H".4 - I- - -iij f- -- =~ f- :t:~ r-!:!: ~ -:~ ~I~ \ ~IIII~W~ \ ---.!~ I--- f-- - -I"-- - r- f--- r-- f-- - ~f-.l 177 CI.llill\~ I rr fmITT ~ ""~ ~\l I~ ~ ~r /1 REQUEST BY: ANCO Corporation University Park Lot 14 Block T Present Use: Vacant ZONING DISTRICT INFORMATION SUMMARY Case #96-101 From A-P to C-B Existing A-P Administrative Professional: Proposed C-B Business Commercial: Administrative offices. Art studio or gallery. Business, dance, or commercial schools, Financial institutions, Doctor or dentist offices. Government offices. Offices, professional or service, Photographer's studio. Radio, TV station (no towers). Public parking lot for operating vehicles. Real estate office. Small recycling collection facilities, Travel agency or tourist bureau, Other personal service shops. 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. Only limited outside business activity is allowed. Outside business activity is defined as outside display of merchandise for sale but does not include outside storage of merchandise. Outside business activity locations are permitted only in areas no farther than 50' from the building where the primary business is located and are not allowed in areas out in the parking lot. Outside business activity is not permitted within 50' from any adjacent roadway. PURPOSE: This district would accommodate selected commercial businesses which provide a service rather than sell products, either retail or wholesale. The uses allowed have relatively low traffic generation and require limited location identification. PERMITTED USES: PERMITTED USES: Administrative/professional offices. Alcoholic beverage sales (retail). Art studio or gallery. Cleaner (no on-site cleaning), Dance or music school. Domestic . household and office equipment rental. Dormitory. Financial institution. Hotel/motel. 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. CITY OF COLLEGE STATION LEGAL DEPARTMENT POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77842"9960 (409) 764-3507 MEMORANDUM DATE: March 6, 1997 FROM: Natalie Thomas Ruiz, Planning Technician Lisa A. Hughes, Legal Assistant ~ for Carla Robinson, Assistant City Attorney TO: RE: Rezoning Ordinance - 2.981 Acre Tract of Land Being Lot 14, Block T, of University Park Section II Subdivision (P&Z Case No. 97-101) As requested, please find attached the proposed rezoning ordinance for the above referenced property. The applicant is NIC Investments, If we can be of further assistance, please advise. CR:lah Attachment xc: Jeff Kersten lahlc: Iwindowslwinwordluserfilelrezoning\rezmemo.doc 3/6/97 I ':_; 1: ~'~'~ ( Q 'z.-,~ ."'~ (.(),) ,~. The properties in the study area are zoned either fdrresidential, office, or general commercial use. The currentzoning pattern is reflected in Figure 3. Figure 4 shows the breakdown of acreage per zoning district. Most of the area is zoned for residential use. A third of the total area iszoned A-P and C-l. All of these office and commercial tracts have frontage on University, with the exception of the two A-P tracts that act as buffers between the C-l and R-4 properties located on the south side of University just west of Lincoln. (Y'\ ZONING .~; '-.' ,<"", '.'>1" t~"i .- ,! . l , '!.~' f Figure 5 is aJurtherbreakdown of the residential districts. More than half of the residentially zoned land is zoned R-4 Apartment Buildings/Low Density. No medium or high density apartment zoning exists in the area. Almost all of. the R-4 property has been developed accordingly. Thirty one percent of the residentially zoned land is R-1 Single Family, however, Only~veI1~cre~ ()f the total of 90 available for single family development have been platted for residential use. The restof the lan~Lzoned R-l is vacant. Over a fourth of the area. iszonecl.C:>TGeneral Commercial. Much of this land remains available for deyelopment 011 the south side of University Drive and near the Bypass on the north. There isC-1 zoning on a large portion oftbepropertieswith frontage on University. A';Pzoningpccupies only six percent of the total land in the study area, Almost twenty acres remain vacant. Zol}~ng history in the study area is shown in Figure 6. Pressure for rezonings has been greatest in the southwest quadrant of the study area. C~1 rezonings along the south side of University haye occurred which conflict with the recommendations in the original study. These changes occUrred O\iera 3 year period ar1.d appear to have been speculative in nature as the properties remain vacant. "-..'\ Tract A (Figure 2) and the A-P tract iibutting it to the west were zoned from R-3 arid A-P to C- 1 shortly after the 1985. Study was incorporated into the Comprehensive Plan. That decision conflicted with Staff and Planning ~ Zoning Commission recommendations to deny the request. The P&Z recommendation to deny was based on the-'1985 UniversityDrive Study. That change to C-1 zoning in effect changed the conditions in the immediatearea to make more C-l zoning to the east a possibility. The result was an extension of C-l from the Tarrow / University intersection to Tract B (Figure 2). None dftheserequestswere in compliance with the recoinmendations of the original study, which limited area zoning to R-3,R-4, and A-P. Tract D (Figure2J was to remain R-3 because of access and slope problems. A revised request from C-l to A-P met with Staff support because although the request was not precisely that which haclbeen recommended in the 19S5stl1dy,A-P zoning was considerecl to beinaccordance with the intent ofthe Stud y Commi ttee' s recommendation for this tract. The A- P and apartment zones are considered appropriate buffers and in certain cases interchangeable as far as land use compatibility analyses are concerned. University Drive Corridor Study 9 Ipv d~ 9~ 1f~' . ~~~4J~~~'~ ~11~dUJ~,Ihd AI- ~ ~fr ~L.~J II '1-.....'.1. tJ ( ) r~--- - - tf., I''^'' ~ ~ ~ . ~,u ~7'7..~~we.A ~~~~ ~# cl~~~ ~ ~~~~. ~~~YJ#U ~)~~~~~~ ~~~ q/J ~~ftM.k ~ ~<(-IRtk ~ ~(!-8~ ~ ii>> ~ 'i~.rk> ~ fil~~~~~~~ ~{C;~.~~~( ~ ~~.uar~'~~~~ f;ip ihIf ~. ~ '. ~ -- , ,,4. J ~ p1Z~ . 'I~~ CONCLUSIONS AND RECOMMENDATIONS University Drive's function as a major gateway to College Station and Texas A&M University will increase in importance in the future particularly with the relocation of the State Headquar- ters for the Texas A&MUniversitySystem, The Planning & Zoning Commission Sub-committee focused on this while reviewing the findings in the 1985 University Drive Study, and while analyzing current conditions in the study area and looking at changes since 1985. They determined that the assumptions and recommendations of the original 1985 study are still generally valid today. The C-1 zonings done since the study did not comply with the 1985 findings nor the Comprehensive Plan and Policies in existence at the time. The current Comprehensive Plan and Policies express the same philosophy relative to commercial land uses as the Plan did in 1985. Therefore, the changes to C-1 zoning that occurred along the south side of University since 1985 do not invalidate the original recommendations in the 1985 study. Essentially there have been no changes in zoning, land use or other factors to warrant significant changes in the original recommendations. The Sub-committee offers the following conclusions and recommendations based on their study: 1. The existing land uses reflected on the Land Use Plan on the north side of University from Tarrow east to Spring Loop are still appropriate. These consist of commercial and office uses and medium density residential uses. RECOMMENDATION: As in the original study, limit areas reflected on the Land Use Plan for multi-family uses to R-3 or R-4 with A-P as a possible alternative; Leave Tract C (Figure 2) asR-4 or rezone it to A-P; and Consider favorably requests for additional A-P zoning just east of the University Park Subdivision. 2. There exists a need for an additional commercial zoning district (C-B) that would be available for locations where some commercial would be appropriate but not the full range of uses allowed in C-1. The full range of C-1 uses would not be appropriate along the University Drive corridor considering its function as an en tryway, Properties currently zoned C-1 in the study area would be more appropriately zoned C-B. The existing C-1 tracts that are developed at this time could be rezoned to C-B without affecting existing uses. Uses existing at this time would also be permitted under the C-B district. It appears from the comments received from most property owners that zoning to C-B would not be opposed. University Drive Corridor Study 33 The City should anticipate possible opposition regarding the vacant C-l tract on the northwest comer of University and the East By-Pass. This property had an approved site plan for a service station several years ago but a permit was never requested. There may also be some opposition from the developer of the Glenhaven Subdivision regarding the vacant C-l property at the comer. RECOMMENDATION: Adopt an ordinance amending the Zoning ordinance creating a new commercial zoning district which would be available City-wide for locations appropriate for commercial uses but not the range allowed in C-l, and Rezone through City initiation all C-l tracts within the study area toC-B as shown on Figure 12. Only the comer portion of the C-l property in Glenhaven should be rezoned to C-B as shown on Figure 12. 3. The Wheeler tract located on the southwest comer of University and Lincoln is an appropri- ate location for C-B zoning. The southeast corner would be most appropriate as A-P. RECOMMENDATION: Consider rezoning upon request of the Wheeler tract on the west to C-B and the one on the east to A-P. 4. The R-1 tract shown as Tract E (Figure 2) is large enough to be developed under different acceptable scenarios and analysis of specific proposals should be made at the time of request. RECOMMENDATION: Leave the R-l zoning of Tract E until such time as rezoning is requested. Specificrecommen- dations should wait until development pressures cause rezoning requests. A portion of this property could be used to extend the depth of Tract F. If any commercial zoning is requested it should not be other than A-P or C-B with a minimum depth of 400' off University Drive. 5. The C-N tract at the comer of Spring Loop is inappropriately zoned in light of the Sub- committee's recommendation that no convenience stores be placed along University Drive. It would be more appropriately zoned R-4. This will more than likely result in opposition from the property owner but is supported by the current Comprehensive Plan and Policies. RECOMMENDATION: Rezone through City initiation the C-N tract at the comer of Spring Loop and University Drive to A-P as shown on Figure 12. (As per Council action on 7-11-91.) University Drive Corridor Study 34 Figure 12 I \ U:-JIVERSITY DRIVE STUDY -- S.f{ 6 - EAST Byp ASS ZONING CHANGES I 'r--------- A-P Parcels recommended for City-initiated rezoning E ~ R-1 "'L- Y\ \ I -/' A- --< ~ ~\ \ll;; >-~ ~~ \/ ~ A-P R-4 R-1 --}.;. K_' / -j Krn )? A-P f=t UTI LLL?;::L '::I/m 1..l.IA ;<v 1 I I /I r'l 1/ ) (\ ?VII rT T ~ _"n r, _ I I I -\ I \ 1 )~1m~-If-= r II IlJJlJJJhllTT ~ ~ ~ f -:= DJII]llJJJ ,1 ~~ ~~rrmmm'ril: ~ ~0IIIIIlW1 II, == tEEffiHEi ! \ \ I = 111 ] I I f'... 1/ ..,II i 1'-.. _ --'1~ I >----i ,--.---- H ~ - ,...-- - - - _ ,...-_ _ f--_ _ - f--- - _ -- - -- - -- - -- -F== - - I--- I--- ,--- '-IT""'" I L-L-- -'--. ~\ 177 ~~~ r IIr ffi!WA~ 1 ~urnIur[ ~ ~ u ~ ~ ~ g o 500 I 1 I I I 1 SCALE (In teet) R-1 t <l / ' ~ \\ ~ ~~~I -rnT\ ~ lJ= ~T ~ l...ll I >. 1111 _ ~~ ri>:"U R-4 ~ &: R-1 I--e---- _ = r-n-tT - == I-O-~ - ii:C =~ L.L l I) i i--~lI ~~ \ jJ - \~~~l~ _f-" June '991 = = - I IT II =+=11111 ~ =t= 11111111 \ ~ii \' ~ University Drive Corridor Study 35 I g ~~ .. ,~ ~ , 6. An overlay district is a way to address those elements other than land uses that affect the visual character of an entryway corridor. This concept could be applied to other major corridors within the City as well as University Drive. Applying this district along University Drive will create some non-conforming situations. Existing building and parking setbacks would more than likely not meet those that would be proposed in the overlay district. This would impact future requests for building or remodeling permits but should not preclude solutions acceptable to all parties involved, RECOMMENDA TION: Adopt an ordinance creating an overlay district, compatible with any Streetscape recom- mendations, addressing elements such as parking lot screenin~ corridor theme planting, building setbacks and colors, signage and utility locations as proposed for application to all major corridors. Adopt the district for the University Drive corridor as soon as possible and apply it to all properties that abut University Drive. Regulations would apply to these properties for a depth of 500 feet. 7. Limiting and controlling driveway location is imperative to preserve the function of University Drive as a major arterial providing safe and efficient traffic movement with minimal interruptions. This should be accomplished through platting and site planning actions as is currently supported by the City's development policies. Access control is a sensitive issue. The City should be prepared for developer opposition in the application of the Sub-comrnittee's recommendations relative to specific future access points. RECOMMENDATION: Limi t access dri ves as reflected on Figure 10. Depending on the timing of development some flexibility will be necessary. Access should not be denied to tracts ready to develop when the necessary easements cannot be acquired across neighboring properties. Consider allowing access to University Drive from Area 7 (Figure 10), (As per Council action on 7-11-91.) University Drive Corridor Study 36