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HomeMy WebLinkAbout00072455• 79e4s!079 CLASSIC I',_; PAGE ~3 j ARTICLE V SPECIAL CONDITIONS 5.1 The reservation of minerals and surface waiver shall be contained in the General Warranty Deed for the PROPERTY and the EXCHANGE PROPERTY. 5.2 SELLERS agree to plat the EXCHANGE PROPERTY as required by THE CITY of COLLEGE STATION CODE OF ORDINANCES at their own cost and expense on or before two (2) years from the date of closing, 53 This Contract is contingent upon the BUYER closing on the purchase of the property that includes the EXCHANGE PROPERTY that BUYER has under contract with third parties approved by the College Station City Council on July 13, 2000. 5.4 BUYER does not make any representations or warranties, express or implied, about the condition or environmental state of the EXCHANGE PROPERTY. 5.5 BUYER has provided a copy of its Level I environmental site assessment to SELLERS but does not warrant or make any representations concerning the accuracy or findings contained within the report for any of SELLERS purposes whatsoever. 5.6 BUYER agrees to grant to SELLERS at the time that SELLERS develop the EXCHANGE PROPERTY a defined storm sewer easement and a defined sanitary sewer easement across BUYER's property adjacent to the EXCHANGE PROPERTY subject to the following conditions and restrictions: t 4 Contract No. 00-208 lahlo: troup4condevdoulfn prognsslnew business park4hunnond.doc 7/6/00 (a) the location of the easements are subject to BUYER's approval and the approval of College Station Development Services Department; (b) the size of the easement area and facilities placed on, across or under the easement area shall be sized to accommodate only the development of the EXCHANGE PROPERTY; and (c) the right to the grant of these easements shall expire if SELLERS do not develop the EXCHANGE PROPERTY before the EXCHANGE PROPERTY is sold, transferred or conveyed to SELLERS, heirs, assigns, or successors-in-interest. ARTICLE VI CLOSING 6.1 The closing shall be held at University Title Company, within forty-five (45) calendar days from the execution and tender of this Contract by BUYER, at such time and date as SELLERS and BUYER may agree upon (the "closing date"). FAX COVER SHEET Frank Thurmond Properties 1700 Barak Lane Bryan TX 77802 979-846-8845 Phone 979-846-1079 FAX SEND TO. FROM: COMPANY NAME: ATTENTION: / G L zc, DATE: 67 OFFICE LOCATION: FAX 11 URGENT ❑ REPLY ASAP PLEASE PLEASE I ~y a COMMMEIVT REVIEW 2 n TOTAL PAGES INCLUDING COVER: COMMENTS 979846 1679 C! Q55IC itJC 4_1/44aa-_70i REAL ESTATE CONTRACT THIS CONTRACT OF SALE is made by and between FRANK THURMOND AND JERRY WINDHAM (referred to herein as "SELLERS"), and the CITY OF COLLEGE STATION, a Texas Home-Rule Municipal Corporation (referred to herein as "BUYER"), upon the terms and conditions set forth herein. ARTICLE I PURCHASE AND SALE 1.1 SELLERS agree to sell and convey in fee simple, save and except all oil, gas, and sulfur without SELLERS' rights of exploration, by General Warranty Deed, and BUYER agrees to purchase and pay for, the tracts of land known as follows: a 78.36 acre tract of land being part of the 112.19 acre tract described in a deed recorded in Volume 571, Page 144, Deed Records of Brazos County; a 45.162 acre tract of land described in a deed recorded in Volume 677, Page 678, in the Deed Records of Brazos County, all located in College Station, Brazos County, Texas, containing a total of approximately 123.522 acres of land, and 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, without limitation, all right, title and interest of SELLERS 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 SELLERS' interest in any improvements and fixtures situated on and attached to the PROPERTY, for the consideration and subject to the terms, provisions, and conditions set forth herein. This Contract by BUYER to purchase the PROPERTY is subject to approval by the City Council of the City of College Station, Texas; such approval indicated by signature of SELLERS' representatives on this CONTRACT OF SALE. 00 1.2 BUYER, at SELLERS' expense, has requested University Tide Company to furnish a Commitment for Title Insurance (the "Title Commitment") to insure title to the BUYER for BUYER's review together with legible copies of all instruments referred to in the Title Commitment. The BUYER shall request the title company to furnish these items to BUYER within fifteen (15) calendar days of the date of this Contract. BUYER shall have a period of ten (10) business days (the "Title Review Period") after receipt of the Title Commitment, the copies of the instruments referred to in Schedule B as exceptions, within which to notify SELLERS of BUYER's objection to any item shown on or referenced by those documents (the "Reviewable Matters"). Any Reviewable Matter to which BUYER does not object within the Title Review Period shall be deemed to be accepted by BUYER. If BUYER objects to any such Reviewable Matter and gives notice to SELLERS as provided herein, SELLERS may at their election, on or before closing, attempt to cure same. If SELLERS fail to cure same by the closing date, or is unwilling to cure same, the closing date shall be extended for five (5) business days for BUYER to either (a) waive such objections and accept such title as SELLERS are able to convey or (b) terminate this Contract by written notice to the Title Company and to SELLERS, in which case neither SELLERS nor BUYER shall have any further rights or obligations under this Contract. 7 1.3 BUYER, at BUYERS' expense, has requested University Title Company to furnish a Commitment for Title Insurance (the "Title Commitment") to insure title to the SELLERS for 05/23/2002 11:43 9798461079 CLASSIC INC PAGE 01 WOODLAND HILLS DEVELOPMENT LTD 1700 BARAK LANE BRYAN TX 77602 979-646-6645 FAX 846-1079 THE DEVELOPERS OF WOODLAND HILLS AGREE TO REPLAT LOTS 31 AND 30 OF BLOCK 1 OF WOODLAND HILLS TO PROVIDE A 20 FOOT WIDE DEDICATED PARK ACCESS AND EMERGENCY EXIT AND ACCESS TO CONNECT TO THE DEDICATED PARK ACCESS AND EMERGENCY ACCESS AND EXIT AT THE REAR OF SPRING HILLS (MEADOWS) SUBDIVISION AS SHOWN ON THE ATTACHED SKETCH. THE EXISTING PARK ACCESS ON LOT 30 WILL BE CHANGED TO A DRAINAGE AND PUBLIC UTILITIES EASEMENT ONLY AND APPROXIMATELY 20.61 FEET OF LOT 30 WILL BE INCORPORATED AS PART OF LOT 31. THE 20 FOOT WIDE PARK AND EMERGENCY ACCESS WILL BE PROVIDED WITH 12 FOOT WIDE CONCRETE PAVEMENT CONNECTING WOODLAND RIDGE DRIVE IN WOODLAND HILLS WITH SPRING BRANCH (HILLS) DRIVE IN SPRING HILLS (MEADOWS) SUBDIVISION. BOTH ENDS OF THE 20 FOOT WIDE ACCESS WILL BE LOCATED AND IDENTIFIED WITH MASONRY COLUMNS. BOTH ENDS OF THE CONCRETE PAVEMENT WILL HAVE REMOVABLE BOLLARDS TO PREVENT TRAFFIC OTHER THAN BICYCLERS AND PEDESTRIANS. WOODLAND HILLS LTD WELLBORN DEVELOPMENT CORP GENERAL PARTNER FRANK THURMOND JRZPRESIDENT THURMOND & WINDHAM BY NK HURMOND J