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HomeMy WebLinkAboutLegal NoticeLEGAL NOTICE DATE TO BE PUBLISHED: TUESDAY, FEBRUARY 8, 2000 ONLY BILL TO: The City of College Station P.O. Box 9960 College Station, TX 77842 REFERENCE BLANKET PURCHASE ORDER # 149 NOTICE OF PUBLIC HEARING: The College Station City Council will hold a public hearing to consider an appeal to a decision made by the Planning & Zoning Commission to allow a night club to be located at 301 College Main. The hearing will be held in the Council Room of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Council on Thursday, February 24, 2000. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764-3547 or (TDD) 1-800-735-2989. For additional information, please contact me at (409) 764-3570. Jessica Jimmerson Staff Planner 99-730 99-730 99-730 Our Saviour;s Lutheran Church A&M United Methodist Church Abbas Ali & Laila Hassan 309 Tauber Street 417 University Drive 2 Wedgewood Court College Station, Texas 77840 College Station, Texas 77840 Sugarland, Texas 77478 99-730 Jonathan & Howard C. Nelson 5107 Spyglass Drive College Station, Texas 77840 99-730 A&M Presbyterian Church 301 Church Avenue College Station, Texas 77840 99-730 312 Second c/o George F. Jutzschbach 5418 Tupper Lake Drive Houston, Texas 77056 99-730 Robert J. Forrest 3011 Westwood Main Bryan, Texas 77807 99-730 Richard Benning Energy Alchemy Inc. 1802 Lawyer College Station, Texas 77840 99-730 Chad Grauke The Arkitex Studio, Inc. 501 University Drive E, Suite 201 College Station, Texas 77840 99-730 Nicole & Claudia Nelson 5107 Spyglass Drive Dallas, Texas 75287-7556 99-730 Baptist General Convention Main Office 333 N. Washington Dallas, Texas 75246-1798 99-730 Robert Forrest 1230 S. College Avenue Bryan, Texas 77803 99-730 William J. Madden Jr. 6025 Westheimer Houston, Texas 77057 LEGAL NOTICE DATE TO BE PUBLISHED: MONDAY, DECEMBER 20, 1999 ONLY BILL TO: The City of College Station P.O. Box 9960 College Station, TX 77842 REFERENCE BLANKET PURCHASE ORDER # 149 NOTICE OF PUBLIC HEARING: The College Station Planning and Zoning Commission will hold a public hearing to consider a Conditional Use Permit for 301 College Main, to allow a night club. The hearing will be held in the Council Room of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, January 6, 2000. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764-3547 or (TDD) 1-800-735- 2989. For additional information, please contact me at (409)764-3570. SABINE MCCULLY SENIOR PLANNER Fti L December 20, 1999 TO WHOM IT MAY CONCERN: Re: Consideration of a Conditional Use Permit request for 301 College Main. NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a CONDITIONAL USE PERMIT request for the following property: Applicant: CHAD GRAUKE, Arkitex Studio for Robert Forrest (property owner) Subject Property: 301 COLLEGE MAIN (See attached location map.) Proposed Use: Night Club The Planning and Zoning Commission will hold a public hearing on Thursday, January 6, 2000 at 7:00 p.m. to consider the request. The public hearing will be held in the City Hall Council Room located at 1101 Texas Avenue South, College Station, Texas. All owners of the subject property and property owners within 200 feet of the subject property have received notification of this request. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764-3547 or (TDD) 1-800-735- 2989. For additional information, contact the City Planning Office, (409) 764-3570. Sabine McCully Senior Planner ~ q- -7 February 10, 2000 TO WHOM IT MAY CONCERN: Re: College Station City Council will Consider an appeal of a Conditional Use Permit request for 301 College Main. NOTICE OF PUBLIC HEARING This is to notify you that the College Station City Council is considering an appeal of a CONDITIONAL USE PERMIT request for the following property: Subject Property 301 College Main (See attached location map.) Proposed Use: Night Club The City Council will hold a public hearing on Thursday, February 24, 2000 at 7:00 p.m. to consider an appeal to a Conditional Use Permit granted by the Planning & Zoning Commission at a meeting held on January 6, 2000. The public hearing will be held in the City Hall Council Room located at 1101 Texas Avenue South, College Station, Texas. All owners of the subject property and property owners within 200 feet of the subject property have received notification of this request. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764-3547 or (TDD) 1-800-735- 2989. For additional information, contact the City Planning Office, (409) 764-3570. Jessica Jimmerson Staff Planner REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF BRAZOS THIS CONTRACT OF SALE is made by and between WILLIAM J. MADDEN, JR., ("BUYER"), and the CITY OF COLLEGE STATION, TEXAS, a Texas Municipal Corporation situated in Brazos County, Texas ("SELLER"), upon the terms and condi- tions set forth herein. ARTICLE I PURCHASE AND SALE SELLER agrees to sell and convey in fee simple by General Warranty Deed, and BUYER agrees to purchase and pay for, the following tracts of land: (i) Tract 1 - Lots Twenty-one (21) and Twenty-two (22), Block One (1), W.C. Boyett Estate Partition, an addition to the City of College Station, Texas, according to a plat recorded in Volume 100, Page 440, Deed Records of Brazos County, Texas, more commonly known as 201 College Main and 321 Patricia Street; and (ii) Tract 2 Lot 23, Block 1, Boyett Addition, College Station, more commonly known as 317-319 Patricia Street, all in College Station, Brazos County, Texas, being more particularly described in Exhibits "A" and "B" attached hereto and incorporated herein by reference for all purposes, together with all and singular the rights and appurtenances pertaining to the PROPERTY, including all right, title and interest of SELLER in and to adjacent roads, streets, alleys or rights-of-way (all of such real PROPERTY, rights, and appurtenances being herein referred to as the "PROPERTY"), together with SELLER's interest in any improvements and fixtures situated on and attached to the PROPERTY, for the consid- eration and subject to the terms, provisions, and conditions set forth herein. This Con- tract by SELLER to sell the PROPERTY is subject to approval by the City Council of the City of College Station, Texas; such approval indicated by signature of SELLER's representatives to this CONTRACT OF SALE. The sale of the PROPERTY shall be made by General Warranty Deed from SELLER to BUYER. ARTICLE II TITLE POLICY AND SURVEY Within ten (10) calendar days of the execution of this Contract, SELLER shall request a Commitment for Title Insurance (the 'Title Commitment") with University Title Company to insure title to the BUYER for BUYER's review together with legible copies of all instruments referred to in the Title Commitment. The SELLER shall request University Title Company to furnish these items to BUYER within ten (10) calendar days of the effective date of this Contract. BUYER shall have a period of fourteen (14) business days (the "Title and Survey Review Period") after receipt of the Title Commit- ment, the copies of the instruments referred to in Schedule B as exceptions, and the Survey within which to notify SELLER of BUYER's objection to any item shown on or referenced by those documents (the "Reviewable Matters"). Any Reviewable Matter to which BUYER shall not object within the Title and Survey Review Period shall be deemed to be accepted by BUYER. If BUYER objects to any such Reviewable Matter js/dnov96/madden.doc 1204/96 and gives notice to SELLER as provided herein, SELLER may at its election, within twenty (20) days from the date such objections are disclosed to attempt to cure same. If the objections are not satisfied within the time period specified hereinabove, BUYER may either (a) waive such objections and accept such title as SELLER is able to convey or (b) terminate this Contract by written notice to the Title Company and to SELLER, in which case the earnest money shall be refunded to BUYER, and neither SELLER nor BUYER shall have any further rights or objections under this Contract. BUYER, at BUYER'S expense, may order a survey. The survey shall be made by a Registered Professional Land Surveyor acceptable to the title company and any lender. ARTICLE III FEASIBILITY STUDY AND INSPECTIONS BUYER may, at its sole cost and option, conduct an engineering, market and economic feasibility study ("Feasibility Study") of the property, and a physical inspec- tion ("Inspection"), including but not limited to an environmental study, of all improve- ments, fixtures and mechanical equipment being sold hereby. BUYER shall have thirty (30) days from the effective date of this contract to perform such study and inspection and in this regard, BUYER or his designated agent may enter upon the property deemed necessary by BUYER. If BUYER determines, in BUYER's sole judgment, that the property is not suitable for any reason for BUYER's intended use or purpose as specified herein or it is not in satisfactory condition for said use, then BUYER may, on written notice to SELLER, on or before thirty (30) days from the effective date hereof, terminate this agreement, and it shall be null and void for all purposes and the earnest money shall be returned to the BUYER. If BUYER terminates the contract under this paragraph then BUYER agrees not to release said information to a third party without the prior written consent of the SELLER. ARTICLE IV PRORATION OF TAXES The parties agree that general real estate taxes on the PROPERTY for the then current year, interest on any existing indebtedness, and rents, if any, shall be prorated as of the closing date and shall be adjusted in cash at the closing. SELLER alone shall be liable for any taxes assessed and levied for prior years resulting from any change in use prior to the conveyance to BUYER. If the closing shall occur before the tax rate is fixed for the current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All installments that have matured prior to the closing date on any special taxes or assessments shall be paid by SELLER; and any installments that are provided in the special assessment to mature after closing shall be assumed by BUYER. ARTICLE V PURCHASE PRICE The purchase price for said PROPERTY shall be the sum of TWO HUNDRED THIRTY THOUSAND DOLLARS AND NO CENTS ($230,000.00). The purchase price shall be payable as follows: TWO THOUSAND THREE HUNDRED DOLLARS ($2,300.00) as a credit for the consideration heretofore paid for the PROPERTY, said amount deposited in escrow with University Title Company, 1021 University Drive East, College Station, Brazos County, Texas, 77840, and the balance payable at closing. -2- js/dnov96âś“madden. doc !?104/96 ARTICLE VI REPRESENTATIONS AND WARRANTIES OF SELLER SELLER hereby represents and warrants to BUYER as follows: 1. SELLER has no actual knowledge of any parties in possession of any portion of the PROPERTY, either as lessees, tenants at sufferance, trespassers, or other persons in possession. 2. SELLER is the fee simple owner of the property and is duly authorized and empowered to sell said property. 3. SELLER has paid through the current year, all taxes, charges, debts and other assessments due by the SELLER with respect to the property. 4. That the property is not in a flood plain or water district except as disclosed. 5. SELLER knows of no zoning restrictions which would prohibit the use of the property by BUYER's intended use as a Texadelphia restaurant. BUYER hereby represents and warrants to SELLER as follows: 1. That BUYER will renovate and redevelop the property as a Texadelphia Sandwich and Sports restaurant in accordance with its proposal as submitted to SELLER on July 26,1996; 2. That BUYER will use its best efforts to complete construction of the restaurant and open for business on or before December 31, 1997. The parties further agree, however, that this date may be extended without liability on either party for any acts of God or public enemy, unforeseeable government action or failure to act, fires, flood, earthquake, hurricanes, other natural disasters, power failures, unforeseeable labor strikes or stoppages, shortages of material, wars, civil disturbances, or other events beyond the reasonable control of the BUYER. 3. That BUYER has been granted a franchise to operate a Texadelphia Sandwich and Sports restaurant in College Station on this property by The Quintes- sence Corporation. 4. That in the event that BUYER fails to renovate and redevelop said prop- erty, on or before the date established in 2 above, SELLER shall have the right to repurchase the property at the sales price of $230,000.00. The parties agree that the date established in paragraph 2 above may be extended without liability for the reasons stated therein. ARTICLE VII CLOSING The closing shall be held at University Title Company, 1021 University Drive East, College Station, Brazos County, Texas, 77840, within forty-five (45) calendar days from the date of execution of this Contract by BUYER, at such time and date as SELLER and BUYER may agree upon (the "closing date"). -3- js/c/nov96/madden. doc j?/04/96 At the closing, SELLER shall: 1. Deliver to BUYER a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of the PROPERTY, free and clear of any and all liens, encumbrances, except for the Reviewable Exceptions and subject to the BUYER's election to terminate this Contract in the event BUYER dis- approves of any Reviewable Exception, which objection is to be cured by SELLER on or prior to the closing as provided by Article I of this Contract. 2. Deliver possession of the PROPERTY to BUYER. 3. Deliver to BUYER, at SELLER's expense, a Title Policy insuring title issued by University Title Company, 1021 University Drive East, College Station, Texas, in BUYER's favor in the full amount of the purchase price, insuring BUYER's fee simple title to the PROPERTY subject only to such exceptions as shown on the Title Commitment and not objected to by BUYER prior to closing. 4. Pay three percent (3%) of the purchase price ($6,900.00) to Jon D. Deal, agent for the BUYER. 5. Pay any and all required property taxes. Upon such performance by SELLER at closing, BUYER shall: Pay the balance of the purchase price at closing. 2. Pay the recording fees. ARTICLE VIII DEFAULT In the event either party fails to fully and timely perform any of its obligations under this Contract or fails to consummate the sale of the PROPERTY for any reason except the other party's default, either party may prior to closing: (1) Enforce specific performance of this agreement; or (ii) terminate the contract and receive the earnest money as liquidated damages. If BUYER fails to redevelop the PROPERTY in accordance with its proposal on or before December 31, 1997, SELLER shall have the right to repurchase the property and BUYER agrees to sell said PROPERTY to SELLER for $230,000 within thirty (30) days of said default free and clear of any liens and encumbrances. ARTICLE IX SPECIAL CONDITIONS This contract is contingent upon BUYER qualifying for a grant under the CITY's Facade Improvement Program. -4- s/c/nov96 madden doc 12/04%96 ARTICLE X MISCELLANEOUS Survival of Covenants: Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to the period of time following the closing date, shall survive the closing and shall not be merged by deed or otherwise be extinguished. Notice: Any notice required or permitted to be delivered by this Contract shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to SELLER or BUYER, as the case may be, at the addresses set forth below: SELLER: City of College Station Attn: Legal Department 1101 Texas Avenue College Station, TX 77840 BUYER: William J. Madden, Jr. 6025 Westheimer Houston, TX Texas Law to Apply: This contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created by this Contract are to be performed in Brazos County, Texas. Parties Bound: This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal represen- tatives, successors and assigns. The persons executing this Contract do so in their capacities as set forth below and in no other capacity whatsoever, and such persons shall have no personal liability for executing this Contract in a representative capacity. All such liability is limited to the principal for which they execute this document as a representative. Legal Construction: In case any one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Contract, and this Contract shall be construed as if such invalid, illegal, or unenforce- able provision had never been contained in the Contract. Prior Agreements Superseded: This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting subject matter within. Time of Essence: Time is of the essence to this Contract. Gender: Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract: Upon request of either party, both parties shall promptly execute a memorandum of this agreement suitable for filing of record. -5- js/c/nov96'madden. doc 12/04/96 EXECUTED on this the day of 91996. BUYER: SELLER: CITY OF COLLEGE STATION WILLIAM J. MADD R. THE STATE OF TEXAS COUNTY OF BRAZOS BY: LYNN McIL ANEY, Mayor ATTEST: Connie Hooks, ity ecretary APPROVED: George K Noe, City Manager Roxanne Nemcik, Acting City Attorney Glenn Schroeder, Director of Finance ACKNOWLEDGMENT This instrument was acknowledged before me on the day of 1996, by LYNN McILHANEY as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said corporation. NOTARY PUBLIC in and for the STATE OF TEXAS -6- js/c1nov961madden.doc 12/04/96 THE STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF HARRIS ) This instrument was acknowledged before me on the day of , 1996, by WILLIAM J. MADDEN, JR. NOTARY PUBLIC in and for the STATE OF TEXAS -7- js/dnov96/madden. doc /2/04/96