HomeMy WebLinkAboutLegal DocumentsFIRST AMENDMENT TO ROAD
CONSTRUCTION AND ESCROW AGREEMENT
THIS FIRST AMENDMENT TO ROAD CONSTRUCTION AND ESCROW
AGREEMENT ("First Amendment") is entered into between DELMAR ROCK PRAIlZIE, LTD.,
a Texas limited partnership ("Seller") and CENTERAMERICA PROPERTY TRUST, L.P., a
Delaware limited partnership ("Purchaser") in order to amend the terms of that certain Road
Construction and Escrow Agreement (the "Original Agreement") dated March 12,1999 between
Seller and Purchaser and American Title Company of Houston ("Original Escrow Agent"). The
Original Agreement as amended by this First Amendment is referred to as the "Agreement".
1. The parties hereto hereby agree that the "Escrowed Amounts" deposited by Seller
and Purchaser with Original Escrow Agent in the amount of $335,000.00 are to be transferred to
the City of College Station, Development Services ("City"), as financial surety for the Longmire
Extension, L. O. Ball Survey. At such time as the City releases such funds, they shall be
transferred to Charles A. Ellison, P.C. ("Ellison"), and upon such transfer, Ellison will thereafter
be the "Escrow Agent" under the Agreement, and that the Agreement shall continue in full force
and effect as herein amended between Seller, Purchaser and Ellison as Escrow Agent.
2. Upon full execution of this First Amendment by all parties and transfer of the
Escrowed Amounts to the City, the Original Escrow Agent shall be released from the Agreement
and shall have no further obligations thereunder. Ellison, by execution hereof and acceptance of
the Escrowed Amounts assumes the rights and obligations of the Escrow Agent. Upon receipt of
the Escrowed Amounts, Ellison as Escrow Agent, shall deposit such funds in an interest bearing
trust account with an FDIC insured state or national bank,- and all interest accruing thereon shall
be added to the Escrowed Amounts.
3. Notices to Ellison as Escrow Agent are to be sent to the following address:
Charles A. Ellison, P.C.
2501 Ashford Drive, Suite 100
College S tation, Texas 7 i 840
Telephone: 409/696-9889
Facsimile: 409/693-8819
email: chuck@ellisonlaw.com
4. Except as herein amended, the Original Agreement shall remain in full force and
effect.
F41ata\wptAlTA799~A799086a.Ol7:ps:8/l6/99a 1:21 AM
EXECUTED effective as of , 1999.
"SELLER"
Date: $~ 7 , 1999 DELMAR ROCK PRAIRIE, LTD.
a Texas limited partnership
By: DELMAR ROCK PRAIlt~ GP, LLC., a
Texas limited liability company
Its: General Partner
By:
Name: ~rr.~*iK /'j'i~.9-c vco f
Title: ~PR~s i o~'r
i~data\wp\Ol7\0799\0799086a.017:ps:8/16/99:11:13 AM
Date: 17 1999 "PURCHASER"
CENTERAMERICA PROPERTY TRUST, L.P.,
a Delaware limited partnership
By: s
Michael D, A~Eelrad,
Executive Vice President
nwr~1„~wiTOnno~~o~s..u~:w,sn~n~:io:a~ not
eoiso 'a o5tio5ss~t~ ~ou xd~ ~do~~ dot~~wd~~~H~o wd s5,8o ~(1,L 66-Lt-~fld
Date
"ORIGINAL ESCROW AGENT"
1999 AMERICAN TITLE COMPANY OF HOUSTON
By:
Name: DEANA JO
Title: VICE P
F~data\wp\017~A799\0799086a017:ps:6/1699:I1:2I AM
"ESCROW AGENT"
Date: a3 , 1999 CHARLES A. ELLISON, P.C.
By. ~ ~. ~~
Name: Charles A. Ellison
Title: ~t s,
f:~data\wp\017\0799\0799086a.017:ps:8/14/99:3x8 PM
1UL.1~.1999 4:58PM BROWN PARKER & LEAHY N0, 2789 P, 8/21
RO CONS RUC N
~N~
SCRO~REg~~.
~ECTlVE DATE: March I2, 1999
CASE NO.: 9$-~p.37254F OOI23
( ) Agreement ofPtrr~chase and Sale (the "Contract^) with ~
effective date ofApril I3, 1998, as amended and exietrd b
qty Investors, Inc., whose interests have been asst ed to D bet~-eeII Delmar
P~~, LTD., a Texas limited ~ MAR ROCK
PROP Par~ership ("Seller") and ~
~~ TRUST, L,P., aDelaware limited ate
to which Seller conveyed to Purchaser effective ershrp (~~' ptusuant
Couzzry, Texas, more ~ date the realprop~y ~ Brazos
particularly described on rb't "A" wed hereto and
incorporated herein for all purposes (the ~p~Y")-
l- THIS ESCROW ACrRF,F11~,jV7' (the "A
the date set forth above by and between the above named Std is entered into effective as of
Company of 1'iotrston ("~qpq, Agaut"). Pursuant to the terms of ~ chaser and American Title
Seller have instructed Escrow Agent to hold and disburse the Escrow ~~ent, ~~~ and
defined) for the Escrow period (as hereina#}er defined Amounts (as herei~~
and conditions set forth below. All capitalized terms non defined h sball~der the tarns
meanings ascribed to them in the captioned Contract have the same
(a) Escrowed Amounts:
(b) Escrow Period:
~2I0,000.00, deposited by Seller on the date
of this Agreement, together with any
additional stuns escrowed by Sellerp~~t
to paragraphs 2(a) andJor 2(b) below.
S I2S,000.00 deposited by Purchaser on the
date of this Agreement (°Pwehaser's
Deposit") which amount represents the
maximum amount Purchaser is obligated to
pay to Seller for Purchasers Portion of the
engineering and construction costs of the
extension ofLongmire Road_ The rota] sums
escrowed, together with interest thereon, are
called the "Escrowed Amounts".
Zhe P~~ from the date of this A ~
until the date the Escrow A ~ ement
gent receives a
~ F.-ww.~af71p~'~s„`oi7:w,~y~yy~,up„
I:
JUL. 15. 1999 4:58PM BROWN PARKER & I,EAHY
N0, 2789 -P. 9/21 _ - - -
written acloaowledgment &~om Seller and
Purchaser confirming ~~ instruction of
Longmire Road has been completed, together
wig ~ davit of Completion in
~cordanee with Section 53.106 ofthe Texas
Property Code, and the instructions for the
final disbursement of Escrowed amounts iS
herein called the Escrow Period.
(c) Proposes of Escrow: To provide funds to construct the extension
°~'On~~ ~O~ whrch will be constructed
in the area shown on E 'bit " attached
hes~eto and incorporated herein for all
purposes.
2'(a) The foal plat of the Property has been
College Station (the "City"} but has not et °Y~ ~' ~e City of
recording purposes. Seller aad Y reserved all necessary sig~ratures for
have same si Purchaser ~e ~ sign such plat and cooperate to
geed by the City and Brazos County and recorded at the earliest
Practicable date. The plans for I-ongrrire Road extension and other infrasttucttu~e
to be constructed by Seller as required by the City in connection with the platting
of the Property {herein called the "work")have received preliminary approval froth
the Crty. A,s a condition to the Ci s si _
final plans and specifications for the wo~rkgto bee~Pp~~~CbtytheY require the
condition to or in corrneCtiorl with final approval of the plans and speci$c tioIIsfor
the work and the signing of the plat by the City, the Ci
1scrowed Amounts be escrowed with the City or an escrow 8 emq~e that (r~ the
City, or (ii) a letter of credit in an amount equal to the Escrowed approved by the
in favor of the City by a bank approved by ~~ Ci Amounts be issued
obligations herein shall rovide such escrow, letter off a Seller, as pan of its
assurance or p edit or other $nancial
~'antY wig respect to the work as may be r ~~ b
Seller and purchaser agree that, at Seller's option, in order to satisfy such
requirements, either (i) the Escrowed
ag~t acceptable to the City and rcaso bl~acc ill be escxowed with an escrow
provided that in either case the a Y eptablc to Seller and Purchaser,
Purchaser herein shall not be abro rtments and obligations between Seller and
deposited with and/or pledged to a bank re pn b~8~ ~'~o~~ ~1 be
Purchaser to secure a letter of credit to the City as described above Seller and
Purchazer agree to cooperate in obtaining final
specifications in order to commence the work descnbedrherein.f Seller covenants
and agrees to commence or
construction of the extension of ~ e to be comrrrezrced the
gtnire Road as shown on ~~e~g and
xhi it "B" and the
F:~erdr,~pi~A02lY39~eW r
v~~:,:as p. 2
JUL. 15. 1999 4:59PM BROWN PARKER & LEAHY
N0. 2789 P. '.9/2l
other work as descnbed in the plans and
-~blt "C" attached h ~~cations therefor described on
ereto and made a part hereof (as such plans and
~~~~10~ maY hereafter be modified b
as required b Y consent of Seller and Ptn~chasa and/or
y the City, herein called the "Plans")
thirty (30) days a~ the closing of the conv ~ on or before the expiration of
Purchaser (the "Coma~encccncnt Date"), and further of the ~P~y fxom SeI]cr to
on or before the acpiratioa of one hundred ~,~s ~ complete sum Work
Comrnarcement Date (the "~ le4i enty (120) days after the
frti°e and clear of atl liens and m~acco ~ Date")' The said work is to be completed
rdance with the Plans and the standazris and
roquireinents of the City. Purchaser hereby grants Seller and '
and easement to enter the Property to p~'o~ the work ~ agents a license
~) Seller and Purchaserhave escrowed the Escrow Amounts based on
Choir estin~tioa of the costs of such en
~~ the approved budget set forth on ~1~ Sand construch°n m accordance
herein by reference (the "$udget"). In the event additional amounts~~~~d
the initial Escrowed Amounts of $335 'a excess of
detailed budgets or in connection with ,000.00 are required p-usttant to future
P~graph2(a) above, Sellershall escrow s~uch~eIIts of the City as descrr'b~ ~
actual costs of such ar additional amounts. In the event the
such ea~ccess ginecring and construction exceed the Escrowed Amounts,
shall be paid by Seller, it being understood that Purchaser's maximum
obligation for such costs shall not exceed
Less than the Escrowed Pur'chaser's Deposit. If such costs are
Amounts, then upon completion of all such work-and
Payment of such costs, the balance of Escrowed amounts shall be d'
Escrow Agent to Seller and Purchaser zstTZbuted by
Amounts were deposited (i.e. any amounts escro ~~ manner as such Escrowed
shall be refunded to Seller, and if the actual costs are l~s eller above $125,000.00
the balance will be distnbuted equally to Seller and Purch~er $2S0,000.00, then
)
3.(a) If in the event Seller fails to commence such work on or before the
Commencement Date, or fails to
Completion Date in complete the said work on or before the
accordance whit the Plans (subject to force majeure delays of
not more than shiny days in total), any such failure being hereby agreed to
constitute a default llerellnder, then in either of such events
shall not be obligated to, proceed to complete the said work and a ~Y' but
thereff ~ the Escrowed Amounts, and for this P Y the cost
irrevocably authorizes and empowers the Purchaser to do and the Seller hereby
in its name, place, and stead aII matters and thin w - Perform for it sad
Judgment deem necess ~ hieh the Purchaser shall in its
said wor ~' and Proper to be done to effectuate the
k, and to apply the said moneys only to the a completion of tine
and incurred for work done or for materials P yment of debts contracted
about said work, for aII expe~es, costs and ch ~h~ o~~~on° ~~~'. m ard
Wnth,• and
Fldawplp ~ A02l9ip}~yg~~ 017
JUI,, 15. 1999 4:59PM BROWN PARKER & I,EAHY N0. 2789 P. 11/21' - -
for the Purchaser so do'
author ~, this warn-ant of attorney shall be its
ty and the orders so given and sighed by the p~~a ~ and sufl`icient
s~cient vouchers for aII payments made b shall be good and
event be responsible for the co Y virtue hereof. purchaser shall in no
Escrowed mpletion of said work beyond the expenditure of tke
Amounts roceived by it, and if said s
the F'archaser shall be under no du _ um is inst~`icient far such purpose,
~~tional s~ are provided by Se11er, o Proceed fttrtller ~~ the work until
~) ~ Piu'chaser elects to do or cause ~ be done
reimbursed for same out of the Escrowed Amounts as set forth the work and be
shall provide written notice of the exercise of such tion ~~' Purchaser
other parties to this Age4ment within the oP (the "Notice) to the
following the Comnrcucement Date or Comp1 (DI S) day Pe2tiod immediatel
case may be. If
Seller has failed to care the alleged default within fifteen ~ S~da Y
Pw'chaserprovidesthe Notic Ys ' the date
~ then, ~ediatelythere~.~ Sellershall berelieved
of its obligation to construct the Road and
Escrowed Amounts for such shaII have no right to receive the
~y shortage in the Escrowed amounts and an shall ~tinue to be obli
y cost o i~~ for
the work and, ~ the ~~ costs are less veers in connection with
continue to be entitled to the return of its p~ ~ f such ~ ~Amoun
Pursuant to ~ Seller shall
P~~aph 2(b) above), and Escrow a EscrowedAmouats
obligated thereafter to rely solely on the gent shaII be entitled and
understood that Sella shall thereafter have n ~~ctions of Pur,ch~er, it being
to direct, consent to, acknowled a or othenvi~se ~ins~ ~'mder t~ a~~Gnt
disbursemeIItofthe g a, authorize or
to the con EscrowedAmounts, apYProvisionhereof approve
Crary notwithstanding, ~ the event Purchaser elects~to ased orimplied
to construct and/or complete the Ro exercise its right
Purchaser's agents) the right to come on o Seller's aeby grants to Purchaser (and
such purposes, P oPertY as may be necessary for
4-(a) ff Seller is performing or causing to be
Seller shad from time to time (but nor more fre uentl~o~~ the work, they
reasonable evidence ("Draw Request") to Pure ~ y than monthly) provide
expended for the work ha ser and Escrow agent of the sums
dOC~entation (m the form of invoices, statements
), allow Purchaser to aspect the work and ~mParable
c°nduct ~Y such inspection so as not to interfere (providedthatParc~ershall
of the work and, if Ptuchaser fails to - ~'e8s°nably with the prp ~
days (as d mspxt the work within seven ~
efnaed is the Contract) after the date of an Draw R ues (~ business
be deemed to have waived its inspection ri hts as to ~ t' pm'ch~erwill
requested by pm'chaser, provide w'rit'ten lien releases in reco d bR~ ~tfo~d' if
done. Upon Purchaser's approval of such work r work
shall issue joint instructions to Escrow ,q, and eXpenses, Seller and Purchaser
gent to paY Portions of the Escrowed
F~~1r~~1~97c.0i7:pylf~¢~~ pb
4
JUI,, 15. 1999 5: OOPM ... .BROWN PARKER & I,EAHY
Na.2789 P. 12/21
Amounts to cover such costs, less ten peet~ccent (I O'/o) retainage in aeco~ce with
Section 53.101 of the Texas Properly Code ("S~~~ry Retains e
failure to respond to any Draw nest g ~•). Purchaser s
delivers same shall be deemed ~~ seven (~ business days after Seller
to Escrow Agent to release that portion of th Eserow~u~ouoirits and mstruciton
Retainage) specified in the Draw Request (less Statutory
(h) If Purchaser is performing or causing to be performed the work
Pursuant to paragraph 3 hereof EsCrogr Agent shall release Escrowed Amounts,
less Statutory Retainage, to Purchases from time to time (but not more
than monthly) when Purchaser presents to Escrow Agent nasoaable evl ~~ (m
the form of invoices, statements and w
mparable doctuncntati~) of the work
p~O~~ tOg~~ ~~ wntier~ lien releases in recordable form for work done.
Copies of such documentation will be delivered to Sella.
' (~) Escrow Agent shall pay the Statutory Retsina e
• occur of the following: (i) any, (30 des have a sedg upon the last to
• COmPl~~ and an Affidavit of Com Ie>,ion has b ~ der the work is
! 53.106 of the Texas pm P een filed pursuant to Section
'' disbursement ' PAY ~' (u) ~~'DR' Agent shall have received
mstruetions $om (1}Seller and Purchaser if Seller is paf'or~g or
casing to be performed the work, or (2) Purchaser, if
~' causing to be performed the work Purchaser ~ performing or
j' releases in recordable form h v be eenm Peceiv~ed hfrom ~contracto al-lien
subcontractors; and (iv} the City has accepted the dedication of the extension od
~ngmire Road and has assumed the maintenance obligation of such road and the
! utilities constructed in connection therewith. Seller and P
reasonable efforts and to cooperate in achieving the earlier ompletion o th work
~, and acceptance thereof by the City and to take all steps necess
dedication of such rem, ary to complete the
S• ~ Escrow Period has not terminated within two (2) Years $om the ~~ of this
Agreement, then Escrow Agent shall have the right to tender the balance of the Escrowed
into the registry of a District Courtin Brazos t~unty, Texas, with ' ~0~~
~YJudicially resolve any disputes they may have with res t ~ ~~sdiehon, so that the parties
P~ Escrowed Amounts.
6, Escrow Agent shall not be liable or responsible for the (a) nature or extent of the
evidence of compliance or performance on the art of an
invoice or bill submitted b an P y P~ ~) ~rrectaess or details of any
all items or matters requires to be ~ishea or done b ~ an rkmanship' ircanner or completion of
Y Y P~Y•
request from the 0dtheera the occurrence of any event or contingency, Escrow •Agent n~a
parties hereto such reasonable additional information as Escrow q ~ y
g t; in
, ~ 1UL, 15. 1999 S:OOPM BROWN PARKER & LEAHY N0. 2789 P, 13/21
its sole discretion, may deem necess
the other azY. and in that regard, may consult with mPresentatives of
parties hereto, Escrow Agent shall not be liable for any dams
in acting hereunder, pending its examination of the additional informatio~~g from any delay
requested.
8- In the event of any disagt~ecmentresultiag in adverse claims or damands bein
in connection with any sums or property involved herein or affected hereb Str~ade
option, shall be entitled to: Y~ Escrow Agent, at Its
(a) Refuse to comply with any claim or demand on Escrow AgA1t, as
long as such disagreetncnt shall continue, and in ao doin Escrow
' make no delivery or disposition on any funds or documents ~~ hel Ag~t shall
~ Agent pursuant to the terms of this Escrow q g by Escrow
~' be, or become liable in an wa or to an mot, and Escrow Agent shah not
C0mP1Y ~~ such conflicting or adverse cl ~d~~ f~t~ or refiual to
ro) Reftain from Wig, and so to refuse to act, until (i) the
adverse claim shall have been fuiall ad•udicated in a court nght of any
y ~ assuming and having
jurisdiction, or (u~ all differences shall have been
i Escrow Agent shall have been notified in a ~ ~lved by agreea~ettt, and
' interest; or g, signed by all persons in
i
(c) Tnterplead the Escrowed Amounts into a court of courpeteat
jurisdiction. All costs and expenses, includin
--~:µ~ ~ - c are to. $ reasonable attorneys fees and curt
- -~:..,~..u__~ereiatburs~ to ~~.Q~,~,,4~eAt tom the,F.s
crowed~o~~ved...-, ,_
9. Escrow Agent shall be ands no obligation to take an le ~~ -'F'w,r`
~ ~~ thrs Escrow Agreement or enforcetlzeAt thereofi or to Y ~ action in connec~on
action or legal proceeding, whit in aPP~' ~ Prosecute or defend any
'' A ent in ~ Escrow ggeni's op~~ would or might involve Escrow
g ~Y cost, expense, loss or liability, ,,,mess, and as often as re aired
~. Escrow Agent shall be furnished with security and indemnity satisfaeto qto ~ ~~" Agent,
aII such costs, expenses, losses or liabilities. rY Escrow Agent against
10. Escrow ggent LS not obligated to render any statements or notices to the parties.
~~pt as is speci#ieally stated herein, Escrow Agent ~Y, but ~ not obligated to, inform an
hereto of say matters Pertaining to this Escrow Agreement. YP~Y
1 I, pumhas~ and Seller hereby agree tv indemnifjr pro
Escrow Agent, its successors, assigns, and a , save and hold harnxless
obligations, losses g ~ ~ gents, from and against, any and alI liabilities,
penses (including attorneys' fees
and court costs) ofwhd at never. ~ r store itn osed on '- or ex
Agent which in arty way relate to, or arise out of, the executtonbaya' a a 11~ed against Escrow
Agreement and any action taken hereunder; provided, however, the ~ of ~ Escrow
parties hereto shall have ao
R:~+v~:.:zs ~,
i . ~ JUI,, 15. 1999 S:OIPM BROWN PARKER & I,EAHY N0. 2789 P. 14/21
' obligation to indemnify
from ~ habIli irrcurned be and hold harmless Escrow Agcat, its successors, assigns and agents
j Y t3' y, imposed upon, or asserted against it for its own ~]{~ misconduct
or gross negligence.
i
12. Escrow Agcat ~y,CeS1gn at any time, provided not less than sixty, (60) der
written notice is received by the parties hereto. ys' prior
i,
13' T~ Esaow Agreement cannot be amended or modified without the written
approval of all parties to this Escrow Agreement and the written consent of Escrow Agent.
14, This ~~v, qgr~~ and all questions relating to its validity
potformance and enforcement shall be governed by, aad construed in , intetpretatioti,
of the State of Texas; and the payment of all sums, and the perforalaac of all oblig ti nsc lshall
be in $razos County, Texas.
1 S. It is understood and agreed that Escrow Agent makes no representations regarding
the teems and conditions of this Escrow Agreement,
16. All notices provided or permitted to be given under this a A
writing aad may be served by depositing same in the United States greement must be in
be notified, postage prepaid, and registered or certifi ~1' addressed to.the party to
the same in persotl to such cd, with return receipt requested; by delivering
prepaid tele P~Y~ as evidenced by a receipt from a recognized courier service; by
gram or telex; or by facsimile copy transmissiotl, ~ evidenced b a
produced by the sender's facsimile machine, Notice given is accordance herev~,ith ~~ b~ ea~~
upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties
shall be as follows:
If to Seller, to: Delmar Rock Prairie, Ltd.
c/o Mr. Frank Mihalvpoulos
Christon Company
15900 Dooley Road
Da]]as, Texas 75244
Telephone: (972) 233-3333
Facsimile: (972) 233-1501
~~ with copy to: Mr. Christos KomissopouIos
~' First National Development
415 North LaSalle Street, Suite 200
~' Chicago, Illinois 60610
' Telephone; (312) 527-9800, Ext. 1400
Facsimile: (312) 527-4664
F:~nr.rors9.er,n:rc~+s9_i:~,.r 7
JUL,15.1999 S:OIPM BROWN PARKER & LEAHY
Yf to 1'urchascr, to: CenterAmerica Property Tirust, L,P.,
a Delaware limited partnership
Attn: Mr. Mdse Axchad
SuiteC5~901 $ejlair,e Blvd:
HOnstpn, Texas 77025
Tclcphonc: (713) 660300
Facsimile; (713) 665-0450
with copy to; Mr. David IVl: Robins
frown, Parker & Leahy,l:,L.p.
1200 Smith Street, Suite 3600
Houston, Texas 77002
Telephonc: (713) 951-5$25
Facsimile: (713) 654-1871
Zf to Esemw q8~r American Title Co
many of Houston
5 Post Oak Park, Suite 1900
Houston, Texas 77027
Attn: Kim Sobiesla
Telephone: (7I3) 965-9777
Facsimile: (7I3) 622-6450
N0. 2789 P, 15/21
$ither parry hereto ~Y change its address for aotice by giving three (3) days Prior written notice
to the other party,
17. No interest in this Agreement may be assigned without the prime- ~~ ~nsent of
each Ply to this Agreement.
Executed to be effective as of the date fust set forth above (the "date of this Agreement .
Date: I z 1989
"ESQtOW AG~NT'•
AMF.RIC~AN T1TLE COMPANY OF Hpt7STON
By:
.:ya.ti,m,,,as„aas~~,.~ n c ~:
JUI,,15.1999 5:02PM BROWN PARKER & LEAHY
N0. 2769 P, 16/21
Date: - 1999
"SELLER"
DELMAR ROCK PRAiRI£, LTb.
a Texas limited partnership
BY: DELMAR ROCK PRAIRIE GP, I-LC., a
Texas limited liability company
Its: General Partner
By:
Name: .c ~s c~pt•
Title: ~S~e~~r
F'1PAiA1Wgp~ ~GI771~11;C3~O V999~3N1~!
9
~,
' 1UI., 15. 1999 5:02PM BROWN PARKER & LEAHY
~•~
Date' .1999
r~~'l~w~rw~vlr+s~ P
"pU~tCH~-SER"
N0, 2789 P, 17/21
CA PROPERTY TRUST, L,P.,
a Delawarr limited partnersiup
By:
IVi~chae - Axe~rad,
Eacocutive Vice President
1Q
1U1.. 15. 1999 5: 02PM BROWN PARKER & LEAHY• "~ ` N0. 2789 P, 19/21
i _
1IBIT "A"
I1ZAC!' 1:
Mars aad botmds dcs'cription of all Ihal cutain IZSS eat
bring stuazcd is zbc Robot Sttveason j.earztx, Abst.-act No. Sa Cow or patzrt of load, lv~ tad
and a portion out of that same ?7~0 actt ~ St~on, Brzzos County, 7cx~,
tract cobvc_ved Ix•om Firxt Amcricaa g~ SSB, et al, ro
~~ Im-anncau, lac,, as acscnbcd by daa recorded in VpI,UME 314b, PAGE 186 oft6c
i Rseords of Brims Gotlmy, Tocas, said I?.SS acre, ~ar• }gig mozt pa~eujarl ~~ai
Y ~sCt~bed as follaw~
~~ B~GT.+~- G at a chiseltd '~c"
aa'e trarz and lyiz>,g in rise somber a ~1 in coaaer~ fot:ad ~n8 tb~ ~rtb eozntr of said 2750
i ~~f--way liac of Rock P.~irlc R.nad-
N~.`E 5;Z° 13' 28" E ~ ~Z6.70 {rcr to a ,<_"Ron rod ford
1. $lork bae, L Q_ BaII M~orial Subdi•-isi r+~ldag rDe south comma ofLot
313 of said Offc%aI Records, °~' ~ d~epiczed by plat ~ordcd is V01,~~ 25~~ pACr~
?~ ~ 7° QT ~" E _'00.00 few u-ith tnc s I~ne •
fotuid for coma aad ]vim ~ ~ ~,~~ , of said Lot 1 to a ~' iroa and
r,~-0f-w~v Imc of Texas S~ 1~_~na~ No. 6.
canerzter~w~-3mvnr~cut~`~'o.~l fit wi=h sand ughi-of-u+ry lint m a ?DOT Bran
fot$d for mgle pQ~• lord
? ~C~ $ 42` ~g =~" t ~ ??8.53 fc~ u+irb szid ri , __ _
corner, and bci~¢ zhc ~sa:ion a~ ~-of-wav jnE ~ a ~c- uan rod ford for
the nerthwcst mr~-ofway liae ofBRa~Q~ ~.c
b ~~~ S S6° I9' I3" W , i49.I 6 fit ~-izh said arch:.-of-~z;~ line zo a'.~` ~a rDd sGI
cQizrning of z ctme to the si~L for
T~ m a noztbwesusly dinecrion 47.13 feet alone the ar: of said rurtz (Curve datz:
ecn~ ~tg1e = 90° 00'00 ; zadi~ts ~ 30.00 f
4•?-t3 feet) , to a %'° iron rod set for end ofsaid ~iz ~c , nd ~~~ me chord bears I~ 78 • •40' 4gT ~• -
wav Iiac of Long104Rt Drive_ gin the proposed riortbt~st right-of-
' CE Iv »° 40' .t9^ W _ g6.6? feet with said
set for winning of a curve to the right, Proposed rizhl~ =.~~~• liar to z'~` iron rod
TR \C~ izz a norlh~v~crlti- dirrctioa?44.84 feet aIotzE the arc of said eur~c (Curve dzla:
~~ angle = ?8~ a7- ~e7", radius ~ ~.sa.oo f
w _ ~ , ~ ~°erlt = 1?5.03 feez_ the chord bears ?~ j 9' ~~ ° 56"
2'~--~ l feet } . to a ~,cT irva rod scI for end of szi d c•urvc.
A~~c ~ at 2
RECE1vRD T1ME~hs. 11. ?:3~pM PR 1NT•T1MEI~AR. li. 2:39Pi~
JOT, 15. 1999 5:03PM BROWN PARKER & I,EAHY""~"`
I
N0. 2789 P, 19/21
~_ ._~'E N os° o;' oo" w - X87.88 f~ orb said pzopos`d ri~u-of_v~y Iinc so a ,~" ~n ~d
set for bcginniag of a rcavc to the left.
_ NG~ is a nort6~v+cs:crly d'ur~ion 265.E fry along the an of said care (Cm,-e dam:
maul aaglr = 27° 09' 28'. radus = 560.00 f~ range =13526 fc~, the chnzd bears N 1$° ;7' 4b"
~ ~ 26296 fcct~ to a h" iron rod set for cad of said cuzvc.
7~TE~vCE i~T 3?° I?' 28" w- 4,.06 fGt ~-i~ said prnposcd rigs-ofway lint m a ;~" iraa rod
sa far bcgiaaing of a crave m the right.
is a noely dirtrxioa 47.13 feet along the e~ of said curve (Cn.-vc e3aaa: ~~
aa~e = 90° oo' oo~, radii _ ;a.DO feed, taagent = ; 0.00 feet ~ ~aa~ ~ N iz° 4r ; i" E ~ 4~4;
i, feet) , za 1 Ys" i~ znd set for ead of said euc+-e, and 1_ving iu tht ri~hi~f~+ay iiae of Roc1; Prmi-ie Road.
?~. C I~' ~7° 47~ ~Z~ s -216.48 fca with said ~ht-of-wav ~ to the `~ Q
~E~Nl~G and con~inmg 1 Z.SS aaa of land.
$~s of $eariag: Tht mamrouatu southwest liac of L.O_ $A]1 Memorial S~ct'"viQVn, calld N 3~°
lZ 28 Weis dcpieud on the plaz raorded is VpLj,1lu~ Z5~5, PACE ~1;. , .
TRACT 2 (F.ASN'>~:
Xeg~a ~dth the =igh`s,~titlc ~ of Dr1~ Rock maize, ~., ~=- ~ m tar Shared
Axczss A,~r~teat it Volttroc 2553. Pzgc Z89, r age ?9~ ~d Y~ge 3 0~ of xhe Dmci~]
~.a41 iyRuxadz afBrrms Cot~ty, Tomas.
p.~s °n
RECEIvED TI~ENR. ! i. ?.37P~ PRlNT~1`lliEl~".R, ! I. ?:39Pt~
1UL,15.1999 5:03PM BROWN PARKER & LEAHY31szT "B„
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- JUL. 15. 1999 5:04P~i BROWN PARKER & I.EAHY
'- ~[JpGET FUR LUNG~tE ROB
ERHIBIT "C"
N0. 2789 P, 21/21
Engiueoriz~g S 20,000
Straot aad Droic~agc Impxovacneea .: 180.000
UiiliLas (WatetImprovemznts) ~ 42.600
Ivl~asca~llatxaous I=cros 2E,700
Cbntiagcucy g 10•x6 `ZS.t1QQ
~ Total F~timated Cost
? - 5294,300
.
i'
Plate pzeparui by. '
~ Mtiaicipal Z3evelapmeat Group
_
~ 2551 Texas Avc. South, Suite A
College Statioa. Texas ?7840
(409)-693.5359
Dated: ]:ebsuary 1999
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~~ P,eceived Time Mar, 8. 1:51P1d Prim
~ _ .. -- . _~~:: .. Time
Mar. 8. 1: 52PM