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Home My WebLink About5 Southland AdditionR41943 Page 1 of 1 Current Owner Lega l Description Exemptions Appraised COLLEGE STATION , CITY OF (010359) SOUTHLAND , BLOCK 1, LOT 19 EX 11 ,580 ATIN : ACCOUNTING DEPARTMENT PO BOX 9973 COLLEGE STATION .TX 77842-7973 Entities Homestead Cap C2 ,G1 ,S2 0 S itus Add r ess H istory Information 129 SOUTHLAND 2007 2006 200 5 2004 Im p HS $0 $2 ,850 $10 ,990 $10,990 Imp N HS $0 $0 $0 - Sa l es $0 $11,400 $7 , 100 $7 , 100 L an d HS Date Volume Page Seller Name L an d NHS $11 ,400 $0 $0 - 3/10/2005 6558 137 MINOR, FRANK & BARBARA A g Mkt $0 $0 $0 - 01 /21 /1997 2844 291 MONROE , RAYMOND C A g Use $0 $0 $0 - 06 /19 /1979 425 114 Unknown T im Mkt $0 $0 $0 - T im Use $0 $0 $0 - HS Cap ---- A ssesse d $11,400 $14 ,250 $18 ,090 $18 ,090 Buildi ng Attr ibutes Improvement Sketch Constructi on Foundation Exterior Interi or Roof Floorin g Hea t/AC Baths Fireplace Year Bu i lt Rooms Bed r ooms Improvements Ty pe Description A rea Ye ar Bu i lt Eff Year Va l ue Land Segments SPTB Descript ion A r ea Market Ag Value EXP Exempt Property 6150F 11 ,580 0 R419 44 Pag e 1 of 1 Current Owner Legal Description Exemptions Appraised COLLEGE STATION , CITY OF (010359) SOUTHLAND , BLOCK 1, LOT 20 EX 11 ,580 ATIN: ACCOUNTING DEPARTM ENT PO BOX 9973 COLLEGE STATION .TX 77842 -7973 Entities Homestead Cap C2 ,G1 ,S2 0 Situs Address -History Information 131 SOUTHLAND 2007 2006 2005 2004 Imp HS $0 $0 $41 ,060 $41,060 Imp NHS $0 $47 ,150 $0 - Sales $0 $0 $7, 100 $7 ,100 Land HS Date Volume Page Seller Name Land NHS $11,400 $11,400 $0 - 3/24/2 005 6577 108 SMITH , RHONDA LEE Ag Mkt $0 $0 $0 - 12 /20/1994 2266 021 COLLEGE STATION , CITY OF Ag Use $0 $0 $0 - 06 /2 7/1994 2187 318 KEESE , DAVID L & GARY M Tim Mkt $0 $0 $0 - Tim Use $0 $0 $0 - HS Cap --$640 $4 ,960 A ssessed $11,400 $58 ,550 $47 ,520 $43 ,200 -- Building Attributes Improvement Sketch Construction Foundation Exterior Interior Roof Flooring Heat/AC Baths Fireplace Year Built Rooms Bedrooms Improvements Type Description Area Year Built Eff Year Value Land Segments SPTB Description Area Market Ag Value EXP Exempt Property 6 150F 11 ,580 0 R41961 Pa ge 1 of 1 Current Owner Legal Description Exemptions Appraised CO LLEGE STATION , CITY OF (010359) SOUTHLAND , BLOCK 2, LOT 21 ,22 EX 9,630 ATTN : ACCOUNTING DEPARTMENT PO BOX 9973 COLLEGE STATION .T X 77842 -7973 Entities Homestead Cap C2 ,G1 ,S2 0 Situs Address History Information SOUTHLAND 2007 2006 2005 2004 Imp HS --$0 - Imp NHS --$0 - Sales Land HS --$0 - Date Volume Page Seller Name Land NHS $9 ,530 $9 ,530 $5 ,850 $5,850 6/14 /2 006 7384 100 B/CS HABITAT FOR HUMANITY INC Ag Mkt --$0 - 12 /2 2/2 004 6448 211 COLLINS , WALTER A CAPT Ag Use --$0 - 10 /18/1965 250 383 Unknown Tim Mkt --$0 - Tim Use --$0 - HS Cap ---- Assessed $9 ,530 $9 ,530 $5 ,850 $5 ,850 -Building Attributes Improvement Sketch Construction Foundation Exterior Interior Roof Flooring Heat/AC Baths Fireplace Year Built Rooms Bedrooms Improvements Type Description Area Year Built Eff Year Value Land Segments SPTB Description Area Market Ag Value EXP Exempt Prop erty 13800 .00F 9,63 0 0 Agenda I tern # 12 To: From: March 22, 2005 Consent Agenda Item #11.5 Greenway Land Acquisition Tom Brymer, City Manager Charles Mclemore, Acting Director of Public Works Page 1 of 1 Agenda Caption: Presentation, discussion, and possible action increasing the amount of Real Estate Contract 05-133M by $6,065.59 to bring the total amount of the acquisition of Southland, Block 1, Lot 20, for the greenways program, to $66,265.59. Recommendation(s): Staff recommends approval of increasing the amount of Real Estate Contract 05-133M by $6,065.59 for an amended expenditure of greenways bond funds of $66,265.59. Summary: Southland, Block 1, Lot 20, also referred to as 131 Southland Street, lies in the Bee Creek floodplain, as do seven other lots on Southland Street. These lots lie in a designated suburban greenway per the Greenways Master Plan. This area does flood in very heavy rains and staff agrees that it needs to be protected as a greenway for unimpeded drainage flow. The greenways program manager is working with the property owners on Southland Street to re-locate them to other areas and purchase their lots for the greenways program. In addition, the proposed Bee Creek Trail -Northwest traverses this greenway. On February 10, 2005, Council approved a purchase price of $60,200 for this property. At closing, it was determined that City staff had underestimated the payoff amount for a CDBG loan. The additional $6,065.59 will allow the seller to finali ze the purchase of her new house. Budget & Financial Summary: The City's Bond election in 1998 authorizes the expenditure of bond funds for the acquisition of land for greenway purposes, including drainage control. Appro ximate ly $1.6 million is still available and budgeted for land acquisition of greenways. This lot will cost $66,265.59 and other lots on Southland Drive will total approximately $150,000. Attachments: 1. Real Estate Contract Amendment # 1 2. Vicinity MaR http://agenda.cstx.gov/2005 /050322 /core%20services/real%20estate%20contract%20amen... 5/20/2008 To: From: February 10, 2005 Consent Agenda Item #11.6 Greenway Land Acquisition Tom Brymer, City Manager Mark Smith, Director of Public Works Agenda Caption: Presentation, discussion, and possible action approving the acquisition of Southland, Block 1, Lot 20, for the greenways program, in the amount of $60,200. Recommendation(s): Staff recommends approval of the expenditure of greenways bond funds, in the amount of $60,200, to acquire this lot for drainage control and possible future trail development. Summary: Southland, Block 1, Lot 20, also referred to as 131 Southland Street, lies in the Bee Creek floodplain, as do seven other lots on Southland Street. These lots lie in a designated suburban greenway per the Greenways Master Plan. This area does flood in very heavy rains and staff agrees that it needs to be protected as a greenway for unimpeded drainage flow. The greenways program manager is working with the property owners on Southland Street to re-locate them to other areas and purchase their lots for the greenways program. In addition, the proposed Bee Creek Trail -Northwest traverses this greenway. Budget & Financial Summary: The City's Bond election in 1998 authorizes the expend iture of bond funds for the acquisition of land for greenway purposes, including drain age control. Approximately $1.6 million is still available and budgeted for land acquis iti on of gree nways. This lot will cost $60,200 and other lots on Southland Drive will total approximately $150,000. Attachments: 1. Signed Real Estate Contract 2. Vicinity Map NEW COVERSHEET F ORMAT EXAM PLE 1 CnY OF COLLEGE STATION College Station, Traditional Values, Progressive Thinking in th e Research li1fley Mayor Ron Silvia Mayor Pro Tempore Dennis Maloney City Manager Thomas E . Brymer Minutes College Station City Council Workshop and Regular Meeting City Council James Massey John Happ Robert Wareing Susan Lancaster ancy Berry Thursday, February 10, 2005 at 3:00 p.m. and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas Page 1of5 COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tern Maloney, Massey, Happ, Wareing, Berry COUNCIL MEMBER ABSENT: Lancaster STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Assistant City Secretary Casares Mayor Pro Tern Maloney called the meeting to order at 3 :00 p.m. Worksho A _enda Item No. 1 --Discussion of consent a enda items listed for Re ular Council Meeting~ No items w e re r emov ed for discussion. the Director of Planning and Development Services Joey Dunn presented an overview of the City of College Station implementation action plan updates. Mr. Dunn reviewed the following information that was used to make modifications within the Planning and Development Department: • Planning and Development Services Department -recent and future changes • Ordinance Updates • Planning and Development Department Update of FY 2004-2005 Approved Strategic Plan • Department Focus No formal action was taken . Worksho A enda Item No. 3 -Presentation tour and discussion of various ublic and rivate projects. The City Council members left City Hall for a tour of the features proposed and ongoing capital projects as well as development activity, and other points of interest. No formal action was taken. http://agenda.cstx.gov/Council %20Minutes/2005 /workshop %20regular%20minutes%2021... 5/20/2008 Page 2of5 Council member Happ requested a future agenda item regarding how committee and subcommittee are structured and term limits related to said Council Committees/Subcommittees. Council member Berry seconded the motion , which carried unanimously, 6-0. Council member Happ requested a future agenda item pertaining to implementing the City of College Station Code of Ordinances within the ETJ, and partner with the Brazos County with enforcement issues. Council member Maloney seconded the motion, which carried unanimously , 6-0. Worksho A enda Item No. 5-Council Calendars Agenda Planning Calendar February 7 Council Retreat February 8 Transportation Committee -5:30 p.m. -TTI-Gilchrist Bldg. Rm . 102 February 10 Work shop and Regular Council Meeting-2:00 p.m . February 11 Intergovernmental Meeting-noon -CISD February 12 , 13 AMCC Conference -Austin February 14 TML Legislative Briefing -Austin February 15 Chamber of Commerce Meeting 8:00 a.m. February 16 Re search Valley Partnership -3:00 p .m . February 18 Fire Department Recognition Banquet -Pebble Creek -:00 p.m . F ebruary 21 Int ergovernmental Meeting -noon -Brazos Coun ty February 24 Workshop and Regular Council Meeting 3:00 p.m. Workshog~A=e~~~~~~~~~~~~=-=~~~~"-F~~~~~~~>==-~=-~~~~==- meetin s : Brazos Coun Governments, Cemetery Committee, Cit Center Desi n Review Board Fa ade Im rovement Program Advisor Committee Fraternal Partnershi Historic Preservation Committee Inter overnmental Committee and School District Joint Relief Fundin Review Committee Librar Committee Metro olitan Plannin Or anization Parks and Recreation Board Plannin and Zonin Commission Sister Ci Association T AMU Student Senate The Research Valle Partnershi Trans ortation Committee Wolf Pen Creek Oversi ht Committee Zoning Board of Ad'ustments. Council member Massey presented highlights of the Wolf Pen Creek Oversight Committee meeting . Mayor Pro Tern Maloney conveyed comments from the Sister City Committee. Council member Happ presented a brief summary of the Transportation Committee meeting . Mayor Silvia presented an overview of the Brazos Valley Council of Governments meeting. Council member Berry expressed comments from the Student Senate meeting. Worksho A enda Item No. 7 -Executive Session At 5:40 p.m., Mayor Silvia announced in open sessio n that the City Council would convene into http:// agenda . cstx . gov/Council %2 OMinutes /2 00 5/workshop%20regular%20minutes%2021... 5/20 /2008 Page 3of5 executive session pursuant to Sections 551.071 and 551.072 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation, and to consider the purchase of real property. Consultation with Attorne Gov 't Code Section 551.071 TCEQ Docket No. 2002-1147-UCR; Applications of Brushy Water Supply and College Station (Westside/Highway 60) 2. TCEQ Docket No. 2003-0544MWD; Application of Nantucket, Ltd. 3. TXU Lone Star Gas Rate Request. 4 . Cause No. 03-002098-CV-85 , Brazos County -College Stati on v. Wellborn Special Utility District 5 . Cause No. 04-002379-CV-272 , Brazos County -JK Development v. College Station 6. Atmos Energy Corporation -Prudence Review 7. Atmos Energy Corporation -Gas Reliability Infra structure Program (GRIP) Rate Adjustment Real Estate Gov 't Code Section 551.072 The City Council may deliberate the purchase, exchange, le ase or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. After executive session discussion , any final ac tion or vote taken will be in public. The following subject (s) may be discussed: Aggie Field of Honor Worksho A enda Item No. 8 --Final action on Executive Session if necessar Council recessed from executive session at 6:59 p .m. No action was taken. Regular Meeting Mayor Silvia called the regular meeting to order at 7:00 p.m . Council member Wareing mo ved to approve the absence request from Council member Lancaster. Council member Council member Happ seconded the motion, which carried unanimously , 6-0. Mayor Silvia led the audience in the pledge of allegiance. The International Students of Republic of China made a presentation describing their culture, traditions , and heritage. Mayor Silvia and City Manager Brymer presented a SOAR implementation of a software program for Municipal Court. Award to Kevin Joyner for the Phil Shackelford, 400 Marion Pugh , Apt. 2010, expressed comments regarding the proposed regulation of alcohol and open containers in the Central Business District in Northgate. Jay Brooks , 1810 Willow Pond Court, conveyed comments and alternatives to the proposed regulation of alcohol or open containers in the Central Business District in Northgate. Consent A enda 11.1 Approved by common consent the minutes for City Council Workshop and Regular Meeting November 23, 2004. http:// agenda. cstx. gov /Council %2 OMinutes/200 5/workshop%20regular%20minutes%2021... 512 0/2008 Page 4of5 11.2 Approved by common consent the rejection of Bid No. 04-74 and the award of Bid No. 05-38 for the purchase of drainage materials for the Old Schaffer Road Drainage Rehabilitation Project (SD-0400) in the amount of $111,088 .70. 11.3 Contract 04-226. Approved by common consent Change Order 1 to Gulf States Protective Coating in the amount of $27,500.00 11.4 Approved by common consent Bid No. 05-27 , Contract #05-069 to Utility Service and Maintenance , Inc . for $117 ,132.70 for painting street light and traffic light poles , and consideration of a General fund contingency transfer in the amount of $25 ,000 . 11.5 RFQ No . 04-81 , Contract No. 04-193. Approved by common consent Resolution No . 2-10- 2005-11 .05 approving the design contract for the Rock Prairie Road Widening Design and ROW from Highway 6 to Greens Prairie Road to Bleyl Associates for an amount not to exceed $795 ,000. 11.6 r ve by common consent the acquisition of Southland, Block 1, Lot 20, for the greenw ays ir__ogram , in th_e amoun o f 60 ,200 . discussion and ossible action on amendin the consultin contract with Bottino Grund Architects LLP for conce tual desi n services related to the Ci Center Pro· ect for the amount of 52 000. Manager of Special Projects and Legi slative Affairs Don F az zino remarked that the proposed contract amendment would increase by an amount of $52 ,000. On No v ember 23 , 2004 , Council approved one of the proposed layouts but had concerns related to the shape , character and size of the lake , traffic flow and design features of the roundabout , and pedestrian safety and crossing. This contract amendment would provide Bottino Grund to collaborate with Walter P. Moore, a civil engineering firm . This action would enable the City Center committee and city staff to complete the conceptual design phase, and move to the master plan phase. The City Center Committee and staff recommended appro v al of the contract amendment with Bottino Grund Architects, LLP increasing the contract by $52,000 for a total contract amount of $80,000. Council member Massey moved to approve amending the consulting contract with Bottino Grund Architects , LLP for conceptual design services related to the City Center Project in the amount of $52,000, with the caveat that the findings would be presented to Council at the April 28 , 2005 Council meeting . Council member Berry seconded the motion , which carried unanimously, 6-0. FOR: Silvia, Maloney, Massey, Happ , Wareing , Berry AGAINST : None ABSENT: Lancaster Re ular A enda Item No. 12.2 -Presentation discussion and ossible action on a resolution orderin a eneral munici al election to be held on Ma 7 2005 for the urpose of election Council Members to Places 1,3, and 5. This resolution rovides for a · oint election to be held between the Ci of Colle e Station and the Colle e Station Inde endent School District. The resolution also orders a runoff election on June 11, 2005 if necessary. http:// agenda. cstx. gov /Council %20Minutes/2 00 5/workshop %2 Oregular %2 Ominutes %2021... 512 0/2 008 Page 5of5 Mayor Pro Tern Maloney moved to approve Resolution No. 2-10-2005-12.02 ordering the general municipal election to be held on May 7 , 2005 for the purpose of electing Council members to Places 1, 3, and 5. The resolution also provided for a joint election to be held between the City of College Station and the College Station Independent School Di strict and a runoff election on June 11, 2005 if necessary. Council member Massey seconded the motion, which carried unanimously, 6-0. City Secretary Connie Hooks encouraged the citizens of College Station to vote on May 7, 2005 FOR: Silvia, Maloney, Massey, Happ, Wareing, Berry AGAINST: None ABSENT: Lancaster &gular Agenda Item No. 13 -the City Council may convene the executive session followin~ ~ular meetin to discuss matters osted on the executive session a enda for Februar 10 2005. Council completed Executive Session prior to the regular meeting. No action was taken. Hearing no objections, the meeting adjo urn ed at 7:30 p.m. APPROVED: Mayor Ron Silvia ATTEST: City Secretary Connie Hooks http :// agenda. cstx. gov/Co uncil %2 OMinutes/2 00 5/workshop%2 Oregular%20minutes%2021 ... 512 0/2008 The City of College Station, Texas P.O. Box 9960 October 25, 2004 Ms. Rhonda Smith 131 Southland St College Station, Texas 77840 Dear Ms. Smith, Embracing the Past, Exploring the Future. • 1101 Texas Avenue • College Station, TX 77842 www.ci.college-station.tx.us (979) 764-3500 I would like to thank you for meeting with Brian Hilton and me on September 22, 2004, to discuss your property at 131 Southland Street. Because there have been some flooding issues along the neighboring tributary of Bee Creek which lies at the end of your street, we have made an offer to purchase several properties along Southland Street to provide a natural drainage area for this greenway. As the Greenways Program Manager, I am responsible for administering funds approved for greenbelt and drainage control. These funds were approved as part of the 1998 Capital Improvements Program package to "provide funding to acquire creek floodplain and floodway in our community for natural drainage ... " After reviewing our Greenways Master Plan, we confirmed that this area lies along a greenway and would be best managed as such. This prompted our meeting with you and our subsequent offer. At this time, we would like to make sure you are fully aware of all of the options afforded you . These are: 1) You may continue to reside in the home you are in with no further city involvement. 2) You may accept our offer of $60,200, which is for greenway acquisition, as presented to you on September 22, 2004, and for which you signed your agreement to on October 8, 2004. This offer was made in good faith as 125% of the .current assessed value of the property per the Brazos County Appraisal District. 3) You may retain the services of an appraiser and provide us with a detailed counter-offer for the property. 4) You may provide us information on comparable sales in close vicinity to your neighborhood. This would also allow you to provide us a counter-offer which we could rightly entertain. It is our understanding that you are no longer income-eligible for Community Development Department assistance. Here at the City of College Station, we would like to reach an agreement that is acceptable to all parties involved. We hope this letter more clearly explains your options and the work we have completed to ensure your needs as a citizen are met. Please give me a call at 764-3844 when you have completed reviewing your options . Jr;r 9. (' .o aM.vL-._ Kri'tan D~ '--1 (, Greenways Program Manager Cc: Mayor Silvia City Manager Thomas E. Brymer Glenn Brown Kim Foutz Randy Brumley Mark McAuliffe Brian Hilton Eric Barton Home of Texas A&M University Home of the George Bush Presidential Library and Museum r. $ \ CRJ\ ()00 .-e~ 0 t ~ ~ '1~ lrJ()k~ V~«L-t{o~ _ \(t/{vL0zJ __ v~--nrict--~_Ci -~~~c~~ -clb:V)~ W~ctv~ ~lA,~o+ 'D?f'"Wl{t ~~y'\.\{_,tl+{(ukd-~~ -1-{t;~~ -- -~ ~~ ~ ~oY\ \O-~M ~ %j +o~~\~a-tlCM v~ ~ (.0~ _____ 1 No (\j~ \P0.JW\L-&\~V11L. ________ _. ~\-b_ ( 0(\~r 4 ·. ~I fl _, llm / • ~LWi\£.-}~A-( ~~~\,\_,t?-(,~G-?zt\Ctl-t, _) ·rJM l ~\l\;1~~ ~ cc..~ )~t~"'M1~j \ ., ; .. ',,j .1··· •. 1 .1 -.1.,.i.\• •• ,1 ~ . /-} ·] . . ' I -'· :\ ") . ,/ ;/ '-l"\! ; .... \ . '-' I ) .... -'. •' ! .i . l ;t . ' ; , \~ . ___ .. t / _l ~- ' ·-~ r 1 J • i _; ~ ~ \ ) I Randy Brumley -Fwd : Re : Rhonda Smith's home 131 Southland College Station .Texas r From: To: Date: Randy Brumley Kim Foutz 10/12/2004 4:22:25 PM Subject: Fwd : Re : Rhonda Smith's home 131 Southland College Station ,Texas Kim -Ms . Smith purchased her home from the City in 1994 . The City provided down-payment assistance of about $11 ,000 . During this Summer's rains , flooding occurred on her street (Southland ). Water did not get in her house , but did get under it in the crawl space . Because of the recent flooding , and the property 's location , the Greenway Coordinator has offered to purchase several of the homes in that area (to include Ms. Smith's) as greenway acqu isitions. This would also provide her an opportunity to relocate , if she wants to . My understanding was that she had been offered approximately 130% -140 % of the Tax Office value if she wished to voluntarily sell , and that she had agreed to the offer. Otherwise , the CD Office has already inspected Ms . Smith's home and may be able (if she 's still eligible) to help repair the flooring beam , assuming she does not sell. I hope this information is helpful. As quickly as I can , I will provide updated information to you . Randy »> Kim Foutz 10/12/2004 3:08 : 15 PM »> Could you check on this and provide a response to me? »>Ron Silvia 10 /11/2004 9:26:22 PM»> Dear Rachel Otte , Thank you for notify ing me regarding the problem your mother, Rhonda Smith , is having with her home . As this is something that is handled trough the office of the City Manager , Mr. Tom Brymer, I am request ing that he look into this matter for you and get back with you as soon as possible . I am also asking Mr. Tom Brymer to keep me appraised of the situation . Please be advised Rachel that as the Mayor of College Station , I can only request the City Manager loo k into this problem and see if there is a workable solution . Most likely your mother's home was purchased through a program in Community Development Services as the City of College Station does not deal directly in the sale of homes . I am hoping that there is a workable solution to your mother's problem . Again, thank you bringing this to my attention . Sincerely , Ron Silvia Mayor, City of College Station »> Rachel Otte <rachel.l.otte@sbcglobal.net> 10/05/04 8:24 PM»> Mr.Silvia , October 5 ,2004 My name is Rachel Otte . I am writing on behalf of my mother of whom is in a situat ion that is of need of your attention . Her name is Rhonda Smith . She is living in a home that she began to purchase from the city 11 years ago . All was fine with her purchase until her house began to sink . I talked her into getting somebody to come and look at it. She then contacted Specialty Restorations. She was working with a man by the name of Phil Price. He informed her that her That He would not be able to work on the leveling of her home until the ground underneath it was dry . Well Texas has been cruel this year and the fact that her dead end street has a green-way running thru it didn t make matters any better . As a result of the green-way the end of the street floods and as a result of the flooding down this street her house could not be allowed enough time to dry. The flooding got so bad that she was on the evening news trying to get the cities attention about the problem . Only after all Page 1 I Ra~dy Br~mley -Fwd : Re: Rhonda Smith's home 131 Southland College Station.Texas this did she learn that the center beam of her house was rotted thru . This was the reason for the house sinking . Phil told her that she should take that information to the city to see if they would just fix the beam and be done with it. This was his thinking because he said that the beam had not been fixed when the house was relocated to the location that it is currently at. Well Mr. Silvia this is where the really big problems start. The city decided that they would just buy back the houses . The only thing with this is that the money that was offered is not enough to purchase a suitable home for my mother or her neighbors. I am having difficulty understanding how a city like College Station could not have enough money to help a women and her handicapped son move in to a home that is even remotely as nice as the house that they are presently living in . I am writing you and hoping that you will be able to respond to this situation because I am tiered of hearing my mother crying on the phone EVERY time that I talk with her. I hope to hear from you soon . Thank you for your time . Sincerely , Rachel Otte Page 2J .J " AMENDMENT #1 TO REAL ESTATE CONTRACT CONTRACT: REAL ESTATE CONTRACT NO.: 05-133M CONTRACT DATE: JANUARY 26, 2005 SELLER: RHONDA LEE SMITH BUYER: CITY OF COLLEGE STATION, TEXAS PROPERTY: Fee simple interest in all that certain tract or parcel of land at Southland, Block 1, Lot 20, in the configuration depicted in the Vicinity Map attached hereto. AMMENDMENT(S) TO CONTRACT: Amend Article II, Section 2.1 in the original contract with the following revised sections: 5.1 The purchase price for said PROPERTY shall be the sum of SIXTY SIX THOUSAND TWO HUNDRED SIXTY FIVE AND 59/100 DOLLARS ($66,265.59). The purchase price shall be payable in full at closing. The referenced CONTRACT OF SALE is being amended as detailed above. All other terms and conditions set forth in the contract shall remain unchanged . EXECUTED on this the ____ day of __________ , 2005. SELLER: RHONDA LEE SMITH Date: ----- BUYER: CITY OF COLLEGE STATION By : ------------~ RON SIL VIA , Mayor Date: -------- Attest: ------------- CONN IE HOOKS , City Secretary Date: -------- • APPROVED THOMAS E. BRYMER, City Manager Date: ------- JEFF KERSTEN, Director of Fiscal Services Date: ------- City Attorney Date: ****************************************************************************** THE STATE OF TEXAS COUNTY OF BRAZOS § § § ACKNOWLEDGMENT This instrument was acknowledged before me on the __ day of -------- 200_, by RON SILVIA , as Mayor of the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation, on behalf of said municipality . NOTARY PUBLIC in and for the STATE OF TEXAS ****************************************************************************** THE STATE OF TEXAS COUNTY OF ------- § § § ACKNOWLEDGMENT This instrument was acknowledged before me on the _________ , 2005, by RHONDA LEE SMITH day of NOTARY PUBLIC in and for the STATE OF TEXAS To: From: February 10, 2005 Consent Agenda Item # Greenway Land Acquisition Tom Brymer, City Manager Mark Smith, Director of Public Works Agenda Caption: Presentation, discussion, and possible action approving the acquisition of Southland, Block 1, Lot 20, for the greenways program, in the amount of $60,200. Recommendation(s): Staff recommends approval of the expenditure of greenways bond funds, in the amount of $60,200, to acquire this lot for drainage control and possible future trail development. Summary: Southland, Block 1, Lot 20, also referred to as 131 Southland Street, lies in the Bee Creek floodplain, as do seven other lots on Southland Street. These lots lie in a designated suburban greenway per the Greenways Master Plan. This area does flood in very heavy rains and staff agrees that it needs to be protected as a greenway for unimpeded drainage flow. The greenways program manager is working with the property owners on Southland Street to re-locate them to other areas and purchase their lots for the greenways program. In addition, the proposed Bee Creek Trail -Northwest traverses this greenway. Budget 8t Financial Summary: The City's Bond election in 1998 authorizes the expenditure of bond funds for the acquisition of land for greenway purposes, including drainage control. Approximately $1.6 million is still available and budgeted for land acquisition of greenways. This lot w i ll cost $60,200 and other lots on Southland Drive will total approximately $150,000. Attachments: 1. Signed Real Estate Contract 2. Vicinity Map NEW COVERSHEET FORMAT EXAMPLE 1 , Council Meeting 2/10/05 Page 3 This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on ·www.cstx.gov and council meeting shown live on Cable Access Channel 19. 9 . 10. 11.1 11.2 11.3 11.4 11.5 11 .6 College Station City Council Regular Meeting Thursday February 10, 2005 at 7:00 p.m. City Hall Council Chamber, 1101 Texas Avenue College Station, Texas Pledge of Allegiance, Invocation Consider request from absence from meeting Presentation: International Students -Republic of China Hear Visitors (Any citizen may address the City Council for three minutes on city related issues not scheduled on the posted agenda. An information form is provided at the register table and should be completed prior to 5:45 p .m . and given to the City Secretary. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda for discussion). Presentation, discussion and possible action on approval of the minutes for City Council Workshop and Regular Meeting November 23, 2004 . Presentation, discussion, and possible action on rejection of Bid No. 04-74 and the award of Bid No . 05-38 for the purchase of drainage materials for the Old Schaffer Road Drainage Rehabilitation Project (SD-0400) in the amount of $111,088 . 70. Contract 04-226. Presentation. discussion. and possible action to award Change Order 1 to Gulf States Protective Coatings in the amount of $27,500.00. Presentation discussion ami_wsible actjon ort_awardingllid_it 05.:..27 ContraQt #0~- 069, to Utility Serv ice & Maintenance, Inc . for $117, 132. 70 for painting street light and traffic light poles. and consideration of a General Fund contingcncv traI1sfcr in the amount of $25, 000. RF:Q No . 04 -..81 ,_contract 04 ::193. Prnse_nJ_ation discu~_~ion and_po~_sibie action on a resolution awarding the design contract for the Rock Prairie Road Widening Design & RO\V (Proicct No. ST-0417) from Highwav 6 to Greens Prairie Road to Bleyl Associates for an amount not to exceed $795,000. Presentation, discussion, and possible action a1;mroving the acquisition of Southland Block l, Lot 20, for the greenways program, in the amount of $60,200. Traditional Values, Progressive Thinking In the Research Valley ' i. ,, H, ' . '· . ,, \ t Council Meeting 2/10/05 Page4 Vision Statement I -Core Setvices 12 .1 Presentation, discussion. and oossible action on amending the consulting contract with Bottino Grund Architects, LLP for conceptual design services related to the City Center Project for the amount of $52 ,000 . 12.2 Presentation, discussion, and possible action on a resolution ordering a general municipal eiection to be held on !\.1av 7, 2005 for the puroose of electing Council Members to Places l, 3, and 5. This resolution provides for a joint election to be held behveen the Citv of College Station and the College Station Independent School District The resolution also. orq~rs a runof'f_~_~ction qn JuT)e 11 .,_1_002. if necess~,,_ 13 . The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for February 10, 2005. 14. Final action on executive session, if necessary. 15 . Adjoum If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. APPROVED: City Manager Thomas E . Brymer I certify that this agenda was posted on the bulletin board at the Municipal Building, 1101 Texas Avenue, College Station, Texas on February 4, 2005 at 5 :00 p .m . City Secretary Connie Hooks This building is wheelchair accessible . Handicap parking spaces are available . Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517or(fDD)1-800-735-2989. Agendas may be viewed on www.cstx.gov and council meeting shown live on Cable Access Channel 19 . Traditional Values, Progressive Thinking In the Research Valley Proposed Real Estate Transaction Summary THIS IS NOT A CONTRACT OR AGREEMENT AND IS NOT BINDING Buyer: Seller: City of College Station ~ ~('D Kristan Clann, Greenways Manager~~ Rhonda Smith ~ ~ Date: General Information Tract Name: Rhonda Smith Owner : Rhonda Smith 131 Southland Street College Station, Texas 77840 Remainder Subject to Assessment? N/A Tract No.: R41944 Project Name: Southland Greenway Project No.: COCS Department/ Representative: Emergency Mmgt/Brian Hilton Negotiator: Kristan Clann 979. 764.3844 General Terms of the Transaction Property: Southland, Block 1, Lot 20 Purchase Price: $6 0,200 Estate Required: Fee Simple Title Minerals: All o wned by Seller will convey Document: General Warranty Deed Sold As-Is? Yes Title Company: Brazos County Abstract Property Description: Purpose of the Property: Southland, Block 1, Lot 20 Greenway Acqu isiti on Comments/ Additional Terms: • Seller to pay all expenses typical to a market transaction -including 1/2 the escrow fee, pro -rated taxes and tax certificates. • Buyer to pay purchase price, title commitment, and all expenses typical to a market transaction. The City of College Station, Texas Embracing the Past, Exploring the Future. P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764-3500 November 16, 2004 Ms. June Van Etten Brazos County Abstract Company 418 Tarrow Street College Station, Texas 77840 RE: Request for Title Commitment Dear Ms . Van Etten, www .ci .college-sta ti on. tx. us Please provide to this office a title commitment for the property listed below. I have attached information regarding the property. Owner: Rhonda Smith Southland, Block 1, Lot 20 College Station, Brazos County, Texas Tax ID 579600-0001-0200 R41944 Thank you in advance for your attention to this request. If you should have any questions, please contact me at 764-3844. Sincerely, Jli~vt-9. C~VL- Kristan D . Clann Greenways Program Manager Attachment Home bf Texas A&M University Home of the George Bush Presidential Library and Museum R41944 Page 1 of 1 Current Owner ~· ·' Legal Description .:--~i4l':. ~~-'\, ... ,e.:. -Exemptions Appraised SMITH , RHONDA LEE (130012) SOUTHLAND, BLOCK 1, LOT 20 HS 47,120 131 SOUTHLAND ST COLLEGE STATION.TX 77840-4221 Entitles Homestead Cap G1, S2 , C2 1,040 ., -.,. :•.' N '""!;.:i., ¥> ~;;,,: ~:_], ,. i~:,. .,, -History Information . • ..... "'""·-· "'· Situs Address ;,,: , .. .. • .. ... ··~·'' .,.,,.,. ... 131 SOUTHLAND 2004 2003 2002 2001 Imp HS $41,060 $41 ,060 $26,660 $26 ,660 ~ .. ., ' Imp NHS ---- .._ Sales ·-~ '~ ·--~"II·-~-· 3 • Land HS $7 ,100 $7 ,100 $3,550 $3 ,550 Date Volume Page Seller Name Land NHS ---- 2187 318 KEESE , DAVID L & GARY M Ag Mkt ---- 2266 021 COLLEGE STATION, CITY OF Ag Use ---- Tim Mkt ---- Tim Use ---- HS Cap $4,960 $8,890 -- Assessed $43,200 $39,270 $30,210 $30 ,210 ~ :r.,,~,,)j§; -.-~!.~ ' Building Attributes ' ;~,; ,_,..~ " Improvement Sketch .S:~ """···~"·--"·~..._ . ""'' ""'·· ·~ Construction Foundation Exterior Interior Roof flooring Heat/AC Baths Fl replace Year Built Rooms Bedrooms -, -" - Improvements Type Description Area Year Built EffYear Value R Residential $41,060 MA Main Area 1147 $40,990 OP Open Porch 8 $70 ,,- Land Seamenta SPTB Description Area Market Ag Value A1 Homesite 6150F 7,100 STEWART TITLE GUARANTY COMPANY SCHEDULE A Effective Date : November 22 , 2004 at 8:00 AM Commitmen t issued November 24 , 2004 1. POLICY OR POLICIES TO BE ISSUED ARE : (a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) POLICY AMOUNT : PROPOSED INSURED: (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE --ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R) POLICY AMOUNT : $TO BE DETERMINED PROPOSED INSURED: CITY OF COLLEGE STATION (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2) POLICY AMOUNT: PROPOSED INSURED: PROPOSED BORROWER: File No .: 141889 (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2R) POLICY AMOUNT : PROPOSED INSURED: PROPOSED BORROWER: (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) POLICY AMOUNT: PROPOSED INSURED: PROPOSED BORROWER: (f) OTHER POLICY AMOUNT: PROPOSED INSURED : 2. THE INTEREST IN THE LAND COVERED BY THIS COMMITMENT IS: FEE SIMPLE 3. RECORD TITLE TO THE LAND ON THE EFFECTIVE DATE APPEARS TO BE VESTED IN: RHONDA LEE SMITH BRAZOS COUNTY ABSTRACT COMPANY ~aQ~ uthOfiZedSig nature STEWART TITLE GUARANTY COMPANY SCHEDULE A 4 . LEGAL DESCRIPTION OF THE LAND: File No. 141889 Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Twenty (20), Block One (1 ), SOUTHLAND ADDITION , an addition to the City of College Station, Texas, according to plat recorded in Volume 134, page 423, Deed Records of Brazos County, Texas. STEWART TITLE GUARANTY COMPANY SCHEDULE B EXCEPTIONS FROM COVERAGE File No . 141889 IN ADDITION TO THE EXCLUSIONS AND CONDITIONS AND STIPULATIONS , YOUR POLICY WILL NOT COVER LOSS, COSTS, ATTORNEY'S FEES , AND EXPENSES RESULTING FROM : 1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW 0/1/E MUST EITHER INSERT SPECIFIC RECORDING DATA OR DELETE THIS EXCEPTION): Item No . 1 is hereby deleted in its entirety. 2 . ANY DISCREPANCIES, CONFLICTS , OR SHORTAGES IN AREA OR BOUNDARY LINES, OR ANY ENCROACHMENTS OR PROTRUSIONS, OR ANY OVERLAPPING OF IMPROVEMENTS . 3 . HOMESTEAD OR COMMUNITY PROPERTY OR SURVIVORSHIP RIGHTS, IF ANY, OF ANY SPOUSE OF ANY INSURED. (APPLIES TO THE OWNER POLICY ONLY.) 4 . ANY TITLES OR RIGHTS ASSERTED BY ANYONE, INCLUDING, BUT NOT LIMITED TO , PERSONS, THE PUBLIC, CORPORATIONS, GOVERNMENTS OR OTHER ENTITIES. A TO TIDELANDS, OR LANDS COMPRISING THE SHORES OR BEDS OF NAVIGABLE OR PERENNIAL RIVERS AND STREAMS, LAKES, BAYS , GULFS OR OCEANS, OR B. TO LANDS BEYOND THE LINE OF THE HARBOR OR BULKHEAD LINES AS ESTABLISHED OR CHANGED BY ANY GOVERNMENT, OR C. TO FILLED-IN LANDS, OR ARTIFICIAL ISLANDS, OR D. TO STATUTORY WATER RIGHTS, INCLUDING RIPARIAN RIGHTS, OR E. TO THE AREA EXTENDING FROM THE LINE OF MEAN LOW TIDE TO THE LINE OF VEGETATION , OR THE RIGHTS OF ACCESS TO THAT AREA OR EASEMENT ALONG AND ACROSS THAT AREA. (APPLIES TO THE OWNER POLICY ONLY.) 5. STANDBY FEES , TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2005 , AND SUBSEQUENT YEARS; AND SUBSEQUENT TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR PRIOR YEARS DUE TO CHANGE IN LAND USAGE OR OWNERSHIP, BUT NOT THOSE TAXES OR ASSESSMENTS FOR PRIOR YEARS BECAUSE OF AN EXEMPTION GRANTED TO A PREVIOUS OWNER OF THE PROPERTY UNDER SECTION 11 .13, TEXAS TAX CODE, OR BECAUSE OF IMPROVEMENTS NOT ASSESSED FOR A PREVIOUS TAX YEAR. (IF TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T-2R) IS ISSUED, THAT POLICY WILL SUBSTITUTE "WHICH BECOME DUE AND PAYABLE SUBSEQUENT TO DATE OF POLICY" IN LIEU OF "FOR THE YEAR 2005 AND SUBSEQUENT YEARS .") 6 . THE TERMS AND CONDITIONS OF THE DOCUMENTS CREATING YOUR INTEREST IN THE LAND. 7 . MATERIALS FURNISHED OR LABOR PERFORMED IN CONNECTION WITH PLANNED CONSTRUCTION BEFORE SIGNING AND DELIVERING THE LIEN DOCUMENT DESCRIBED IN SCHEDULE A, IF THE LAND IS PART OF THE HOMESTEAD OF THE OWNER. (APPLIES TO THE MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN ONLY, AND MAY BE DELETED IF SATISFACTORY EVIDENCE IS PROVIDED TO US BEFORE A BINDER IS ISSUED.) 8. LIENS AND LEASES THAT AFFECT THE TITLE TO THE LAND, BUT THAT ARE SUBORDINATE TO THE LIEN OF THE INSURED MORTGAGE . (APPLIES TO MORTGAGEE POLICY (T-2) ONLY.) STEWART TITLE GUARANTY COMPANY SCHEDULE B (Continued) File No. 141889 9. THE EXCEPTIONS FROM COVERAGE AND EXPRESS INSURANCE IN SCHEDULE B OF THE TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T-2R). (APPLIES TO TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T-2R) ONLY. SEPARATE EXCEPTIONS 1 THROUGH 8 OF THIS SCHEDULE B DO NOT APPLY TO THE TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T-2R). 10. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING EVIDENCE OF THE MATTERS (WE MUST INSERT MATTERS OR DELETE THIS EXCEPTION.): a. Rights of Parties in Possession. (Owner Policy Only) b. Easements, or claims of easements, which are not recorded in the public records. (Owner Policy Only) c . Mineral reservation in Deed from City of College Station to Rhonda Lee Smith, dated December 20, 1994, recorded in Volume 2266, page 21, Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. d. Estate created by Oil and Gas Lease from David L. Keese, et ux to Chaparral Minerals, Inc., dated January 28, 1984, recorded in Volume 680, page 208, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above-cited instrument. e. All oil, gas and other minerals in and under the herein described property, together with any rights of ingress and egress, mining or drilling privileges heretofore reserved or conveyed by predecessors in title. There is expressly excluded from coverage hereunder, and this Company does not insure, title to oil, gas and other minerals of every kind and character, in, on and under the property herein described. f. The Tax Certificate furnished by the taxing authorities is issued on real estate only. It does not include minerals and/or personal property, therefore, no liability is assumed herein for the payment of said mineral and/or personal property tax. STEWART TITLE GUARANTY COMPANY SCHEDULE C File No. 141889 YOUR POLICY WILL NOT COVER LOSS, COSTS, ATTORNEY'S FEES, AND EXPENSES RESULTING FROM THE FOLLOWING REQUIREMENTS THAT WILL APPEAR AS EXCEPTIONS IN SCHEDULE B OF THE POLICY, UNLESS YOU DISPOSE OF THESE MATTERS TO OUR SATISFACTION, BEFORE THE DATE THE POLICY IS ISSUED : 1. DOCUMENTS CREATING YOUR TITLE OR INTEREST MUST BE APPROVED BY US AND MUST BE SIGNED, NOTARIZED AND FILED FOR RECORD. 2. SATISFACTORY EVIDENCE MUST BE PROVIDED THAT: -NO PERSON OCCUPYING THE LAND CLAIMS ANY INTEREST IN THAT LAND AGAINST THE PERSONS NAMED IN PARAGRAPH 3 OF SCHEDULE A, -ALL STANDBY FEES, TAXES, ASSESSMENTS AND CHARGES AGAINST THE PROPERTY HAVE BEEN PAID, -ALL IMPROVEMENTS OR REPAIRS TO THE PROPERTY ARE COMPLETED AND ACCEPTED BY THE OWNER, AND THAT ALL CONTRACTORS, SUB-CONTRACTORS, LABORERS AND SUPPLIERS HAVE BEEN FULLY PAID, AND THAT NO MECHANIC'S, LABORER'S LIENS OR MATERIALMAN'S LIENS HAVE ATTACHED TO THE PROPERTY, -(ON A MORTGAGEE'S POLICY ONLY) RESTRICTIONS HAVE NOT BEEN AND WILL NOT BE VIOLATED THAT AFFECT THE VALIDITY AND PRIORITY OF THE INSURED MORTGAGE. 3. THERE IS LEGAL RIGHT OF ACCESS TO AND FROM THE LAND, 4. YOU MUST PAY THE SELLER OR BORROWER THE AGREED AMOUNT FOR YOUR PROPERTY OR INTEREST. 5. ANY DEFECT, LIEN OR OTHER MATTER THAT MAY AFFECT TITLE TO THE LAND OR INTEREST INSURED, THAT ARISES OR IS FILED AFTER THE EFFECTIVE DATE OF THIS COMMITMENT. 6. Deed of Trust dated December 20, 1994, executed by Rhonda Lee Smith to Thomas H. Aughinbaugh, Ill, Trustee for the benefit of Commerce National Bank, in the principal amount of $29,900.00, recorded in Volume 2266, page 23, Official Records of Brazos County, Texas . 7. Deed of Trust dated December 20, 1994, executed by Rhonda Lee Smith to Tom Brymer, Interim City Manager, Trustee for the benefit of City of College Station, in the principal amount of $11,000.00, recorded in Volume 2266, page 28, Official Records of Brazos County , Texas . 8. Company will require tax certificates on the subject property showing all taxes paid up to and including the year 2004. 9. Company will require a properly executed Waiver of Inspection. 10. Company will require a properly executed Affidavit as to debts and liens . 11. "The title insurance policy being issued to you contains an Arbitration Provision. It allows you or the Company to require arbitration if the amount of Insurance is $1,000 ,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the Arbitration Provision before the policy is issued . If you are the purchaser in the transaction and elect STEWART TITLE GUARANTY COMPANY SCHEDULE C (Continued) File No. 141889 deletion of the Arbitration Provision, a form will be presented to you at closing for execution. If you are the lender in the transaction and desire deletion of the Arbitration Provision, please inform us through your Closing Instructions ." SCHEDULED The information contained in this Schedule (D) does not affect title to or the lien upon the land described in Schedule A hereof, to be insured in any policy(ies) of title insurance to be issued in accordance with this commitment. As to Stewart Title Guaranty Company, the Underwriter herein , the following disclosures are made: A-1 . Shareholders owning, controlling of holding, either personally or beneficially, 10% or more of the shares of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Stewart Information Services Corporation -100% A-2. The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Malcolm Morris, Stewart Morris, Jr., Carloss Morris, Stewart Morris , Max Crisp, C.M. Hudspeth, Nita Hanks, Bruce Belin and Eugene Mohler. A-3. The four designated officers of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: President: Malcolm S. Morris; Executive Vice President: Glenn H. Clements; Secretary: Sue M . Pizzitola; Treasurer: Ken Anderson. As to Undersigned Agent herein, the following disclosures are made: B-1. If Agent is a corporation, the shareholders owning or controlling, directly or indirectly, 1 % or more of the shares of Agent as of the last day of the year preceding the date hereinabove set forth are as follows: Tom Giesenschlag Diane C. Ganzer B-2. If Undersigned Agent is a corporation, the following is a list of the members of the Board of Directors, as of the last day of the year preceding the date hereinabove set forth: Tom Giesenschlag June Van Etten Diane Ganzer Linda Morgan B-3. If Undersigned Agent is a corporation, the following is a list of its officers as of the last day of the year preceding the date hereinabove set forth: President: Tom Giesenschlag Secretary: Diane Ganzer Vice President: June Van Etten Vice President: Linda Morgan C-1 . You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated* title premium is: Owner Policy $T_B_D __ _ Mortgagee Policy $ ____ _ Total $ ----- Of this total amount, 15 .00% will be paid to Stewart Title Guaranty Company; 85.00% will be retained by Undersigned issuing agent; and any remainder of the estimated* premium will be paid to other parties as follows: Amount Paid To Service $/% ___ _ $/% ____ _ *The estimated premium is based upon information furnished to us as of the date of this commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. I I I I II 11 1' I I i !I -------·--·------··----------- THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FORTITLE INSURANCE ISSUED BY We , STEWART TITLE GUARANTY COMPANY, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The est imated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees , and expedited del ivery expenses. This Comm itment ends ninety (90) days from the effective date, unless the Pol icy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Comm itment and end when this Commitment expires . In witness whereof , the Company has caused th is commitment to be signed and sealed as of the effective date of commitment as shown in Schedule A , the commitment to become valid and binding only when countersigned by an authorized signatory. ri zed Signatory AZOS COUNTY ABSTRACT COMPANY Company College Station, Texas ,, '1 11 I I J City, St ate l i' I ! I - SSS Rev. 4/4To2 ------- l IMPORTANT INFORMATION FOR INFORMATION , OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELE - PHONE NUMBER 1 -800-729-1 902 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1-800 -252-3439 to obtain information on : 1. filing a complaint against an insurance company or agent . 2. whether an insu ranc e company or agent is licensed , 3. complaints received against an insurance company or agent, 4. policyholder rights , and 5 . a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O . BOX 149104 AUSTIN , TEXAS 78714-9104 FAX NO . (512) 475-1771 FORM : Commitment for Title Insurance AVISO IMPORTANTE PARA INFORMACION , 0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS 1-800-729-1902 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1-800-252-3439 para obtener informacion sobre : 1. co mo someter una queja en contra de una comp ania de seguros o agente de seguros , 2. si una compania de seguros o agen te de seguros tiene lic encia , 3 . quejas recib idas en con t ra de una compania de segu ros o agente de seguros 4 . los derechos de l asegurado , y 5 . una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento . TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O . BOX 149104 AUSTIN , TEXAS 78714-9104 FAX NO . (512) 475-1771 .. ~t· iJTC/GF#942275 SPECIAL WARRANTY DEED c ~. ~~"""...,' ,...,, ~., ---:: .. · 2: 5 I DATE: December JJJ 1994 GRANTOR: CITY OF COLLEGE STATION GRANTOR'S MAILING ADDRESS: (lncludlng county) P.O. Box 9960 Brazos County College Station, Texas n840 GRANTEE: RHONDA LEE SMITH GRANTEE'S MAILING ADDRESS: (Including county) 131 Southland Brazos Coooty College Station, Texas CONSIDERATION: . Ten ~lars ($10.00) and other good and valuable consideration, and two notes of even date that are described In this para- graph and referred to as the first-lien note and the second-lien note. The first-lien note is in the principal amount of TWENTY-NINE THOUSAND NINE HUNDRE') DOLLARS ($29,900.00), payable to the order of Commerce National Bank. That first-lien note is secured ~ a first and superior vendor's lien and superior title retained In this deed for Commerce National Bank and is also sea.red by a first and superior deed of trust of even date from GRANTEE to Commerce National Bank. The second-lien oote is iii the principal amooot of ELEVEN THOUSAND DOLLARS ($11,000) and is executed by GRANTEE, payable to the order of GRANTOR. The eec:ond-lien note is sea.red by a second and Inferior vendor's lien and superior title retained in this deed and by a second and Interior deed of trust of even date from GRANTEE to GRANTOR. PROPERTY (Including any Improvements): Locally known as : 131 Southland; And more fully described as: All that certain lot. tract or parcel of land lying and being situated In Brazos Coooty, Texas, and bei~ Lot Twenty (20), Block One (1), Southland Addition, an addition to the City of College Station, Brazos Cony, Texas, according to the plat recorded In Volooie . 134, Page 423, Deed Records, Brazos COl.l'lty, Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVr'/ANCE ANO . WARRANTY: This c:onveyance is made subject to all valid and subsisting ease- ments, restrictions, ~-way. conditions, exceptions, reserva- tions, and covenants of whatsoever natu'e of record, if any, and . also to the zoning laws and other restrictions, regulations, ordi- nances and statutes of nulicipal or other govemnental authorities applicable to and enforceable against the described premises. Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently re<::orded instruments that affect thf' property; rights of f --;oining owners in any driveways, wal~. walls and fences situated on a common booodary; any discrepan- cies, coofticts, or shof1ages In area or · bolMldary lines; any enaoactvnents or overiapping improvements; taxes ror 1994 from the dste of closing which GRANTEE ~s. : ~,,, 1¥19194 OTHER EXCEPTIONS TO CONVEYANCE AND WARRANTY: GP Al'ff OR reserves unto itself, its successors and assigns, any and all oil, gas, and other minerals in, on or under the premises described above. provided that there shall never in any event be any ingress or egress on or across the surf ace of the above- described premises for the purposes of exploration, development, production or transportation of such oil, gas or other minerals, it being expressly contemplated by the parties to this i1 .strument that any production of such oil, gas or other minerals shall be frorr. the surface of adjacent prcperty bf pooling unitization and directional drilling and lt\2.t there shall be no development of any minerals that would require mining, shaft mini~, pit mining or ar.y other kind of mining that would require utilization of the Slrlace, and provided bthef that GRANTOR doe' not reserve and expressly waives its right to extract minerals of vlhatsoever kind and nature down to the depth of two hoodred fifty (250) feet from the actual surface of any portion of said tract GRANTOR, for the consideration and subject to the rewvations from and exceptions to conveyance and warranty, grants, sells, and conveys to GRANTEE the property, together with all and singular the rights and appu1e- nances ttl8rato in any wise belonging, to have and hold it to GRANTEE, GRANTEE'• heirs, executors, administrators, successors, or assigns f0f6ver. GRANTOR binds GRANTOR and GRANTOR's successors and assigns, to warrant end forever defend all and singular the property to GRANTEE and GRANTEE'• hen, executors, administrators, successors and assigns against eve.-y pet'IOfl whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under GRANTOR but not otherwise. The first vendof's lien and superior tiUe retained In this deed secue payment of the firstelien note, and they are transferred to conmerce Natk>nal Bank without rec:cx.ne on GRANTOR. The second vendof's lien and superior tiUe secure payment of the second-lien note, and all liens securing its payment are second, Subordinate, and inferior to the first-lien note, and to all liens .securing payment of the firstellen note. When the context requires, singular OOU"IS and pronouns include the plural. ,. ·• CITY OF COLLEGE STATION BY:~· ACKNOWLEDGMENT This instnment WRS acknowledged before me on ~(}tn day ~pt:~ rt;~,, ., 1994, by LARRY RINGER, as Mayor of the City orconege Station, aexas ~icipal Corporation, on behalf of said corporation. . ~ ~ YVONNE I. CASARES . ~ .• ....,., Piii*. .. •fl-. 1 '. •. MrC: .. ~ l \.~::. . -), t.U8UIT 5. , .. a F<:F -~- J'o'~"" .. ' 1:¥19194 DATE: DEE['I or TRUST December r!/.P , 1994 ., -. ..... .a· .. ~ -·- GBANTQR: RHONDA LEE SMITH GRANTQR'S MAILING ADDRESS (including countvl: 1432 Hillside, College Station, Brazos County, i1 l,, . A2~~UJ . ~uOuiJ~~ Texas 77845 TBUSIBE: THOMAS H. AUGBINBAUGH, III TRUSTEE'S MAILING APDBESS (including county): 2405 Texaa Avenue South College Station, Brazos County, Texas 77840 BENEFICIARY: COHHBRCB NATIONAL BANK BENEFICIABY'S MAILING APDBESS (including county): 2405 Texas Avenue South College Station, Brazos County, Texas 77840 NOTBfS> Dates December ,:l!J , 1994 Amount: TWENTY-NINE TBOUSAND NINE HUNDRED AND N0/100 ($29,900.00) DOLLARS Haker: Payee: RHONDA I.BB SMITB COHHBRCB NATIONAL BANK Final Maturity Dates January 1, 2010 Terwaa of PayJDent (optional); As therein provided. PROPBRTX (including any improvements): All that certain lot, tract, or parcel of land lying and being aituated in Brazos County, Texaa, and being Lot Twenty (20), Block One (1), Southland Adclition, an addition to the City of ~olle9• Station, Brazos County, Texas, according to the plat recorded in Vol. 134, pg. 423, Deed Records of Brazoa County, Texaa. PRIOR LllJffS> (including recording information)s Bone OTBBR BXCBPTIONS TO CONVBXANCB AND WARRANTXs Oil • Ga• Leaae dated January 28, 1994, executed by David L. 1tee1;e, et we to Chaparral Mineral•, Inc. recorded in Vol. 680, pg. 208, Official Records of Brazoa County, Texas. For Value received and to secure pay.en't of the note, Grantor convey a the property to Truatee in trust. Gran tor warrant~ and agree• to defend the title to the property. If Grantor perforaa all the covenants and pay• the note according to ita term, tbia deed of truat aball have no further effect, and Beneficiary ahall releaae it at Grantor's expenae. Grantor'• Obligatio~• GrlUltor agrees to: 1. 2. 3. keep the property in good repair and condition; pay all taxes and aaaeaaJMnta on the property when due; preserve the lien'• priority as it is ·eatabliehed in thi• deed of trust; · ... 1 ,,,,,... 4. 5. 6. 7. 8. maintain, in a form acceptable to Beneficiary, an i nsurance policy that: their full insurable policy is issued and approves a smaller a . covers all improvements for value ~s determined when the renewed, unless Beneficiary ~ount :n writing; b. c. d. e . f. contains an 80\ coinsurance clause; provides fire and extended coverage, including windstorm coverage; protect~ Beneficiary with a standard mortgage clause; provides flood insurance at any time the property is in a flood hazard area; and contains such other coverage as Beneficiary may reasonably require; comply at all times with the requirement of the 80\ coinsurance clause; deliver the insurance policy to Beneficiary and deliver renewal• to Beneficiary at least ten days before expiration; keep any buildings occupied t .s required by the insurance policy; and if this is not a first li£n, pay all prior lien notes that Grantor i9 personally liable to pay and abide by all prior lien instruments. Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute or successor truat3e, succeeding to all rights and responsibilities of Trustee. 2 . If the proceeds of the note are used to pay any debt secured by prior liens, Be~eficiary is aubrogated to all of the rights and liens of the holders of any debt so paid. 3. Beueficiary .ay apply any proceeds .teceived under the insurance policy either to reduce the note or to repair or replac~ damaged or destroyed improvements covered by the policy. 4. If Grantor fails to perform any of Grantor' a · obligations, Beneficiar.y aay perform those obliqations and be reim>uraed by Grantor on demand at the place where the note i& payable for any aua• so paid, including attorney'• fees, plus interest on those auaa froa ~be dates of payment at the rate •t~ted in the note for matured, unpaid uaount•. The aua to be -reimbursed shall be secured by this d&ed of trust. 5. If Grantor defaults on the note or fails to perform any of Grantor'• obligation• or if default occurs on a prior lien ncte or other instrument, and the default continues after Beneficiary gives Grantor notice of the default and the ti.me vithin which it must be cured, as aay be required by law or by written agreement, then Beneficiary aay; a. declare the unpaid principal balance and earned interest on the note immediately due; b. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary'• agent shall give notice of the foreclosure sale as pro\•ided by the Texas PrOPftrtY Code •• then a.ended1 and c. purchase the property at any foreclosure sale by offering the highest bid and then have the bid credited on the note. Trustee's Duties If requested by Beneficiary to for1.JCloae this lien , Trustee ab.all; l. either personally or by a<Jent 9ive notice of •.he forecloeure sale •• required by the Texas Property Code a• then ._nded; 2. sell and convey all or part of the property to the highest bidder for cash with a g'!neral warranty binding Grantor, subject to prior liens and to ot})4'r exceptior 11 to conveyance and warranty; and 3. froa the proceeds of the sale, pay, in this order; a. expenses of foreclosure, including a commission to Trustee of 5i ~f the bid. b. to Beneficiary, the full amount of principal, interest, attorney• s fees and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor; and d. to Grantor, any balance. General Provisions 1. If any of the property ie eold under tbie deed of Truet, Grantor shall immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor •hall become ct tenant at sufferance of th~ purchaser, subject to an action ~or forcible detainer. 2. Recitals in any Trustee• s deed conveying the property will be presumed to be true. 3. Proceeding under this deed of truat, filing suit for forecloaure, or pursuing any other remedy will not constitute an election of remedies. '· Thia lien shall remain superior to liens later created even if the tiae of payment of all or part of the note is extended or part of the property ia released. s. If any portion of the note cannot ba lawfully secured by this deed of truet, payments shall be applied first to discharge that portion. 6. Granter assigns to Beneficiary all SWlls payable to or received by Grantor from condemnation of all or part of the property, from private sale in lieu of condemnation, and froa damaqe• cauae by public work• or conetruction on or near the property. After deducting any expenaes incurred, including attorney'• fees, Benf"ficiary may release any remaining swu to .Granter or apply such &WllB to reduce the note. Beneficiary ahall not be liable for failure to collect or to exerciae diligence in collecting any such awaa. 7. Grantor asaigna to Beneficiary absolutely, not only as collateral, all preaent and future rent and other income and receipt• from the property. Leases are not aHigned. Grantor warrant• the validity and . enforceability of the aHi~nt. Grantor may as Beneficiary• a licensee collect rent and other inca.e .and receipt• aa long as Grantor is not in default under the note or this deed of trust. Granter will apply all rent and other inca.e and receipt• to pe.yment of the note and performance of this deed of trnat, but if the rent and other income and receipt• exceed the a.ount due under the note and deed of truat, Granter aay retain the exceaa. If Grantor default• in payment . if the note or performance of this deed of trust, Beneficiary aay terainate Grantor•a licenae to collect and then aa Grantor•a agent aaI rent the property if it is vacant and collect all rent and other nccee and receipta. Beneficiary neither baa nor aaaumea any obligation• aa leaaor or landlord with reapect to any occupant of the property. Beneficiary aay exerciae Beneficiary's rights and ra.edies under tbia paragraph without taking posseaaion of the property. Beneficiary aball apply all rent and other income and receipt• collected under tbia paragraph first to expenses incurred in exerciaing Beneficiary'• rights and remediea and then to Grantor•a obligations under the note and this deed of trust in the order deterained by Beneficiary. Beneficiary b not required to act under thia paragraph, and acting under this paragraph does not waive any of Beneficiary's other rights or remedies. If Granter beca.ea a voluntary or involuntary bankrupt, Beneficiary'• filing a proof of claia in bankruptcy will be tant...ount to tM appoint.ant of a r&ceiver under Texaa la,t . 8. Intereat on the debt aecured by tbia deed of truat ahall not exceed the aaxt.ua AllOUnt of non-usurioua intereat that aay be contracted for, taken, reaerved, charged, or received undor law• any interest in exceH of that aaxiawa amount shal:l be credited o~ the principal of the debt or, if that bas been paid refunded. On any acceleration or required or eerm.i;tted preP&~nt, any such 3 ·: : '.·-"~'.f~e,~::t~ exceae ahall be canceled automatically as of the a~eleration or.'_ _.::~·S)' . prepa:'Jllent or, if already paid, credited on the principal of the . ·~tfi/f . ··r~~ debt or, if the principal of the debt baa been paid, refunded. · ·.· .. : .>~/~ -~~t 'l'hia proviaion override• other proviaiona in thia and all other ·; . · "°\~'', 7;;:~ inatruments concerning the debt. · ,~,,,.' .... >J?~.r;;, 9. · . When the" .. context requires, singular nouns and pronoun•.· '· · "~:l(;_~;C;; include the Plural ' '. ; . '; .< . ·' ; ~" -< •i"''·~~~; • . . . . ~.\· ·: \ ~~·'f·~r. ' 10. The tena note includes all swu aecured by this deed of. . .. < :·"\~~:::5;~ trust. ·· · -. . ··")1°s 11. Thia deed of trust •hall bind, inure to the benefit of 1 •• r ·• ,]~~ and be exerciaed by 8UCOeHors in interest of all partiea • ' .. ~ .·: · · · j,J·· ·! . 12 • · · If Grantor and Maker are not the .... 'peraon, the tena . ,;._·. > ,. :;.'.~il Granter · •h,." l include Malter. · · " ·' <::.1,t${·H .:-•:/~'.'g · ·· · · · 13. · b"·antor repre•ent• that thi• deed of· trust and the note ' ·i! :; ~·tY·' ~ given for th~~.~~~~~ing purpoae•a " , ,· l:f,·\ ... ~;:>lfi{~;S:q~ 'l'h• ·iJ!c!ebtecmeH, :~•'' pa1119nt of which i• _h•r•bf ·Hcured,. --i• :".J.D ?:i4!. part pay.en~ of the · 'p\U:oha•• price ot th• 'rMl •property ber•in k~)> deacribed, and is al•o •ecured by a vendor'• lien thereon retained·"'·it;t in deed of even date ·herewith to the underaigned, -and thi• Dffd ··of .·;e~;i Trust'' .. i• · CJiven · ••'.··additional security fo~ the .:paJW'nt of ".•~:;; iJidebtedne••. ·:" :~ • · · i .... ,_ i " -· \:-~:.. ! ,.,~·~. t-:" •.· ·~-: .... ,.; ;-_:-.. ·f Rhonda Lee Saith TBB ·STATB OP TBXAS .S COUR'l'Y OP BRAZOS ·s . . ' . ~ ·~ .: • "f 'I: -1 .•.. ~-<~· .. 1: --~r: ~- . ·.• .~ :: ' . ~ ,. ~'"'' ~:' ~ i :: ~'.~~~ifl\i, .,:• .. . : .. ::_~:·.:~~~~' '· . ..: . .. ··: '1,}ji~, ~·-" I . •. ~1. • ~ •. 1 . DATE: GRANTOR: EENt:FICIARY: TRUSTEE: PROPERTY: ADDENDUM TO DEED OF TRU3T DECEMBER 2!2.._, 1994 RHONDA LEE SMITH COMMERCE NATIONAL BANK, COLLEGE STATION, TEXAS THOMAS B. AUGBINBAUGB, III .uv~ 20, Block 1, Southland Addition, College Station, Texas 1. Thia conveyance is also made in trust to secure and enforce the payment of all other indebtednesses of the maker(•) of said note to the Beneficiary presently existing or which may in any manner or means hereafter be incurred by the maker(•) of said note and evidenced in any manner whatsoever, either by notes, advances, overdrafts, bookkeeping entrie•, lor any other metho<i or means, it being expressly agreed and underotood that any and all BUJD8 now owed to or hereafter advanced by the •aid Beneficiary to the maker(s) of said note shall be pay,ble at Commerce National Bank in College Station, Brazos County, Texas, and shall bear interest as may be provided in such note(•) or other evidence• of indebtedness given by the maker of said Note to the said Beneficiary; and thi• instrument is also executed for the purpose of eecurihCJ and enforcing the payment of any renewal and exten•ion of any note, or of any part of the sai:i indebtedness of the maker(s) of said note, and including any further loans and advancements made by the said Beneficiary to the maker(•) of •aid note under the provisions hereof. The fuct of repayment of all indebtedness of the maker(•) of said note to the said Beneficiary shall not terminate this mortgage unless the same be so released by the said Beneficiary at the request of the maker(•) of said ~ote; but otherwise it shall remain in full force and effect to secure all futurr. advances and indebtednesses, regardless of any ftdditional secur~ty that may be taken as to any past or future indebtedness, and shall be unaffected by any renewals, extensions, or partial roleasee hereunder. · 2. Upon the sale, contract for deed, exchange, transfer, mortgage, or other disposition of all or any portion of the ownership interest of the Grantor in the above-described property, the Beneficiary shall have the right to declare the indebtedness sec1ired hereby due and payable and resort to all legal remedies contained herein provided however, the Beneficiary .. ay not enforce such right• if the Beneficiary agrees in writing to the disposition in question. 3. Grantor agrees to make an initial depoelt in a reasonable a.cunt to be deterained by Beneficiary and then monthly paYJD8nts to a fund for taxes and insurance preaium.s on the property. Monthly pay.ent• will be aade on the payment dates specified in the note, and each payment will be one-twelfth of the a.cunt that Beneficiary estimate• will be required annually for payment of taxes and insurance preaiuas. The fund will accrue no interest, and Beneficiary vill hold it without bond in escrow and use it to pay the taxes and insurance preaiu.as. If Grantor has couplied with the requir ... nts of this paragraph, Beneficiary aust pay taxes before the end of the calendar year. Grantor agrees to make additional deposits on deaand if the fund is ever insufficient for its purpose. If an excess accwaulates in thA fund, Beneficiary may either credit it to future monthly deposits until the excess is exhausted or refund it to Grantor. Before Grantor makes the final pay.ent on the note, Benoficiary will credi~ to that payment the whole AJIOWlt then in the fund or, at Beneficiary'• option, refund it after the note ia paid. Deposit. to the fund described in thb paragraph are in addition to the monthly pay.ants provided for in the note. Executed this cf2.t, day of Deceaber, 1994. £l ~~ f. _ _.· ~ Rh~nda Le.e Smi ti) . . . UTC/GFl942275 OEECJ OF iRUST JATE: December~ 1994 GRANT OR: Rhonda Lee Smith ·-: ~ r-• f-" . '. ... : . . . .. . -.. -~ .. ~~[. .i : i1 L . . JQ: , 1J • . t_;,{'/.)~J ~ GRANTOR'S MAILING ADDRESS : (lnc.ludlng county) 131 Southland Bmzos County C<Jelege Station, Texas 77840 TRUSTEE: Tom Brymer, Interim City Manager TRUSTEE'S WAILING ADDRESS: P.O . Pox 9960 (Including county) Brazos County College Station, TX 77842 BENEFICIARY: City ol College Station P.O. Box9960 Brazos County BENEFICIARY'S MAILING ADDRESS: (Including county) College Station, TX 77842 NOTE(S): DATE: Oecembet' ~ 1994 AMOUNT : MAKER: ELEVEN THOUSAND DOLLARS ($11,000) Rhonda Lee Smith PAYEE : City ol College Station FINAL MATURITY DATE: As provided in the note . PROPERTY (1nc. iuclng MY Improvements): Locally ~'T\ u: 131 Southland; And more fully d9Wib4l!d a: All that oectain lot. tract or parcel cl land lying 8nd being liluated .. , S.11ZOS Coooty, Texaa, and being Lot twenty (20), BIOc:k One (1), ~ >\ddition. en addition to the Citv ol College Station, Brazoa CO-~. r.-...a, •'lCordinQ to the plat reearded in Volune 134, Page -i23, Deed Reoorda, Brazol COU"lty. PRIOR UEN(S): Deed of Trust. dated December ~ 1994 payable to Commerce National Bank. in the principal amotn of Twenty-nane Thousanc:I Nine Hundred Ooflars ($29,GJO). Recordt~~~~WJl'lil!~~of the Of6cial Records ol Bnw>s Coulty. at Cler s le NO. 57 cJffl EXCEPTIONS TO CONVEYANCE AHO WARRANTY: All valid and subsisting easemem, restrictkJns, rights-of-way, conditions, exceptions, reMC'Vationl ~ covenants of whatsoever nature c::A record, if any, and also to the zoning laws and other restrictions, regulations, ordinances end statutM ol municipal or other ge;vernment authorities gpplicable to and enforceable. against the desaibed premise:s. Ja'oolkHIU11-'eJ IYIJ/94 • FOR VALUE RECEIVED AND TO SECURE PAYMENT OF THE NOTE, Grantor conveys the pr'lperty to lrustee in trust. Grant0< warrants and agrees to defend the title to the propttrty. If Grant0< performs a!I the covenants and pays the note according to ita ~erms . this deed of trust shall have no further effect, and Beneficiary shall relea'° it at Grai 1tor's expense. GRANTOR'S OBLIGATIONS: Graritor agrees to : 1 . 2 . 3 . 4 . 5 . 6 . 7. 8 . 9 . keep the property in good repair end condition ; pay all taxes and auessments on the prriperty when due; preserve the lien's priority as it i~ established in this deed of trust; ma intain, in a form acceptable to Beneficiary, an insurance policy that: a . covers all improvements for their full insurable value as determined when the policy is issued and renewed, unless Aeneftciary approves a smaller amount in writing; b . c. d . 9 . contairw an 80% coinsurance cfause; provide' fire and &.dended coverage, including windstorm cover- age; protects Benefit:iary with a standard mortgage clause; provides flood insurance at any time the property is in c flood hazard area; and contains such other coverage as Beneficiary m<sy reasonably require; comply at all times with the requirements of the 80% coinsurance clause; deliver the insurance policy to Beneficiary &nd deliver renewals to Benefi- cial}' at least ton doys before expiration; keep erry buildings occupied as required by the insurance policy; if this is not a first lien, pay all prior lien notes that Grantor is peroonally liable to pay and abide by dll prior lien instruments; and comply with all provisions of the Ncte of even date from Grantor to Bene- ficiary . BENEF1CIARY'S RIGHTS: 1. 2 . 3 . 4'. 5 . Beneficiary f!YllY appoint in writing a substitute or succ:essor trustee, suc- ceeding to all rights and responsibilities of Trustee. If the proceeds of the note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all of the rights and li&ns of the holders of en)' debt IO paid. Beneficiary l"\8)' apply 8nf prOOMds received under the insurance policy either to reduce the note or to repair or replace damaged or destroyed improYemerU ~ by the poficy. If '3rnor' fai ls to pecfonn 8nf of Grantof's obligations, Benefici3')' may pertonn thole obligations Ind be reimbw'led by Granter on demand at the place where the note i. payable for 9lt'f sums so paid, including attor- rw(s feet, plus interest on those suns from the dates of payment at the rate stated (n the note for mahnd, ~id amounts. The sun to be reim- tx.Md shall be MCU'9d by ltQ deed of trust lf Gr.a defaults on the note or fails to perform &ny of Grantor's obliga- tions or tf defau:~ oca.:ra on• prior lien note or other instrument, Benefi- ciary may. a . declare the unpaid principal balance and earned interest on the note immediately due; b. request Trustee to foredose this lien, in which case Beneficiary or BeneficiatY• &gtl(lt shall give notice of the foreclosure sale as pro- vided by til8 Texas Property Code as then amended; and c . JUChase the property at 9lt'f forecfosure sale by offering the high- est bi1 and then have the bid credited on the note. TRUSTEE'S OU11£~ : If requested toy Beneficiary to foreclose this lien, Trustee sha1I: 1. either persooaity ~ oy agent g ive notice of th8 foreciosure sale as reqJired by the f exas Property :ode as then amended; -2 - ~1 l>'IJIH \ 2 s~i! ;md co n v.;; all or pc.;.t of th<i property to the hi ghest bi ·~ 1 •!r ior cash ·111th 3 Jenora l w ar ranty b1 rd1ng Cr?:1 'or, subject to prior lie r : c nd to Jther e x::er:-t1o ns (O conve ya nce ;:md warrarty: and 3 '.r0 r.1 t i e orc;ce ejs of the sale . i:-a ". in this order: a . o. penses of for~losure, ;11cluding a commission ·.0 T nJstea of 5% of the bid ; b to Beneficiary, tho fuil amount of principal , interest, ~tt:.mey's fees . and other charges due and unpaid; c . c;11~1 amounts require d b~ ;aw to be paid befc'e pa ym l·mt to Granto1 ~ an• d . to .. .·~-any bala r -~. GENEP.A'... f'ROVISIONS: 1 . 2 . 3 . 4 . 5 6 . 7 . 8 . S. If any o! ihe property is sold under this def:d of trust. Granter shall imme- diately surrend6r possession to the purchaser. If G rantor fails to do so, G~antor shall become & tenan • at sufferance of the purchaser, subject to an adion for forcible dett.iner. Recitais in any Trustee's deed conveying the property wili be presvmed to 00 true. Proceoo1n\; '...!"'(jer this deed of trust. filing suit for f0t"lClosure, or purc;uing ar.y other remoo 1· v ·ill not constitute an election of remedies. This lien shall remfjin superior to liens later created even if the time of payment of all or part of the note is extended or part cf the property is released . If any portion of the note cannot be lawfully secured by this deed of trust, payments sh<\ll be applied first to discharge that portion . Granter assigns to Beneficiary all sums payable to or received by Granter from condemnatior. of all or part of the ~operty, frc-rn private sale '.11 lieu of condemnatiGn , and from damages caused by public woO<s or con- struction on or near the property. After deducting any expenses inu1rred. including attorney's fees, Beneficiary may release any remaining ~· !'!!~ ~:; Grantor or appfy such sums to reduce the note. Beneficiary shall not bil liable for failure to collect or to exercise diligence in collecting any such sums . GOVERNING LAW: This Deed of Trust and the Note of Even date implement 42 U.S.C . 12891-8 and 24 C.F.R. Part 572 and shall be construed in accordance therewith. To tl1e extent not inconsistent therewitt: these documents shall be governed :>y the law of the State an-:i local jurisdiction in which the Property is located. TRANSFER OF THE PROPERTY: If all or ar.y ~rt of the ?roperty or any interest in it (including a beneficial interest) is sold or transferred without notice tc the Beneficiary and com- pliance with the terms of the Note and this Deed of Trust, the Beneficiary will require immediate payment in full of all a:uns secured by this Deed of Trust In the event of IUCh a sale, or in the event of any other Default under the Note or this Deed of Trust, the Beneficiary may ~ive the Grantor Notice of Default and acx:eteratJon as provided for in the Note. RIGHT TO PURCHASE: In the event of a proposed sale or transhlr of all or any part of tha Prop- erty or any interest in it (including a beneficial interest) by the Gran~or , tho Beneficiary shall have the right to pt,rc:hase the Property 'r~ the (.Jrantor for the arnotrit and on the terms specif Kid in a Mitten. firm rontract betwf':~ the Grantor and the prospective p.xchaser. Gantor will give notiot of the proposed sale and a copy of the contract to the 89f"leficiary as r&quired ty Paragraph 3 of th3 Note. Consistent ~~th 24 C.F.R 572.130(b), thoe Ber.eficiai)' shull ha·1e ten (10) calendar days b-4\er ttie date it receives the c..-,py of the contrac-1 to decide whether to exercis-o its right to pu-chase ~eun-,•er by ser.dir.g notice to the Granter as prov;~-. in the Note. If the Bdneficiary ~:·-1e3 Grnntor such timely no~ice of its jecision to e·-<8<cise its rigr.t to pun::hass tha Prooerty, it shBll have sixty (t~~ a<1ditiooal ::alendar da ·fs after the dato of it1 ric.:ice to Granter to complete c1o!i11g 0 1 the purchcise . If the 39nefili- ary r.:'ltifies Grantor that it does not 1r.~q'ld to purcnas€· ihe Property after receiv1ig & copy of the co~1tiact. if it doe:. 1ot tim e;.y rotitf Gr;intor or its decision to exercise iis right to purchase , o r .. -;t co.:is ::ot time l y close on its purchase of the Property , 3rantor shall 11av e th~ rit;;t':. t '~ se .. the Prop- erty free of Beneficiary's right to purchase under !ht$ ?·~r ~graph on the -3 - l 10. 11 . 12. 13. 14. 15. 16. 17 . !erms stated i0 the co~tract Gran!c1 present~J to thfJ Beneficiary or on such other terms as are p-e :o11itted thereby. This P~~:;i;iraph shall terminate !i1 id have no further force and effect upon t~1e occurrence of any 'Jf th ~ iollowing events: a . Title to the Gr:.ntor's interest in the Property is acquired by the ~-!older of ·~.u Senior Lien, Commerce National aank, or its succes- sor ii" interest upon foreclosure of the S~nior Lien. b . T li1e to the Grantor's interest in UJ£ Property is acquired by the holder of the Senior lien er by C;:,mmerce National Bank by deed in lieu of foreclosure . c. A mortgage insured by HUD is f,Ssigned to HUD. PROHIBITION O~ ASSUMPTIONS : Except '.¢.lere otherwise required or penr.!ttdd br the Beneficiary in cor.nection with a transfer on death. divorce, lega separation, or legal incapacity of a Granter as provided in Paragraph 3 of tha Note, the Note and this Deed of Trust m:;y not be assumed. SUCCESSOR NOTE : In the event of a Voluntary Sale for less than t=air Market Value as described in Paragraph 3 of the Note, the Beneficiary will require the purdlaser to execute a secured promissory note payable to the Benefici- ary for the discount. or the amount then due on thas Note, which~·"tJr is less. SUBORDINATION : Beneficiary and Grantor ad<~~iiieage and agree that this Subordinate Ooed of Trust i! :.\.iUject and subcirdinate in all respects to ~ Hc:tns, terms, CV'lenants and conditions of the First ~~ "' Trust and to all advances heretofore made or which may hef°'!Qiler be made pursu- ant to the First Mortgage/O~ of Trust, ini:h,;u1ng all sums advanced for the purpose of: a . protecting or further ~ccuring the lien of the First Mortgage/Deed of Trust; or b . COf'l!:!:'°..,.;t1ng, renovating, repoiring, furnishing fixtures or equipping tne Property. The terms and provisions of the First Mor.gage/Deed of Trust are paramount and controlling, and they supersede any other terms and provisions of this Subordinate Deed of Trust in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Mortgage/Deed of Trust, any provisions herein or any provisions in any collater&I aqreement restricting the use of the property to low or moderate income households or otherwise restricting the Grant · ·i's ability to sell lM Property shall have no further force or effect · on sut>sequent owners or purchas- ers of the Property . Any person, including his succes~ or assigns (other than-the Grantor or a person or entity related to the Grantor), receiving titJe to the property r 7 ~ugh foreclosure or deed in lieu of fcrec:los4Se of the First MorLyage/Oeed of Trust shall receive title to the ~-free and clear from such restrictions. Further, if th9 Senior Li«! Holder 8CQ'Jires title to the Property pursuant to a deed in lieu of foredosure, the lien of this Deed of Trust shall automati- cally terminate upon the Sonior Lien Holder's acquisition of title, provided that: a . the Be<leficialy has been given written notice of a def-:;,,it under the First Deed of Trust and b . the Beneficiary (or enother party acting °" ~...> Dehslf) shall not have cured the default under the s:::i.t Mortgage/Deeci of Trust. or diligently pursued curi~;; lf'IEI default as determined by the Senior Lien Ho~ , within the sixty day ~~oo provided in suci'l ~.;~sent to the BeneflCi&r'/. · Whan the context requi~::.. singular nouns and pronouns include the pl1Xal. The term "rl"'-:.·· includes all SIXnS SOOY.ed by this daed of trust. This dP~ of trust shall bind, in1Jra •o the benefits of, and be a~~cised by !~ssors in interest ot '!!! parties. If Granter and ~3< am not the same person, ~ tGnn "Granter" shat! indude~~i . GrPr.tor represents t.'"!at diis deed a! t"~i and the note are g:ven f~ the foilowi~ purposes: . Tllfl note, dated ~:T1oor --· ~~.is i;:·~-.n f()( ELEVEN THOi.JSAND DOLLARS ($ ~ 1,000) on the ~a~I pr:c>pEt<i:'; inat represents the difference ir value between the sales pr~ ar.d the appra1~ 1a1r market value l!f tha above It)! in accordan~ with the Note ar .d this Deed cf i rust. · -4 - If Grantor la1!s to pay any part of principal or interest on the property when it becomes !"ayable or is in default, the debt secured by this deed of tn.;st shall become payable at the option of Beneficiary. EXECUTED this .tQ "'-asy of _ __...A-~ ..... c1.-w ... Jz_i>....._..-.~)-~, 1994. STATE OF TEXAS COUNTY OF BRAZOS ! RHONDA LEE SMITH ACKNOWLEDGMENT This instrument was acknowledged before me on the 2.o ~of December, 1994 by RHONDA LEE SMITH . r-::::-=:....=.:.=. : -~-= . ._.;;;;;~~ a /;:; ...... ->-. ::~,~~l C. r.l:CA~lmU g 'f '{~""' H ,,fir"ol(l lWl:;'*tttaill'I \:t;,2;/ t·, c.:: .. ~J~· ... ~· u;•a .~'7 MAILING ADDRESS OF TRUSTEE: MAILING ADDRESS OF BENEFICIARY: CITY OF C0UEGe STATION ~.~~~--· College Station, TX 77842 • -5- , . . :~ ... ,.:. KRISTAN , I had a doctors appointment at 2. Greg Lancaster asked me to let you know that once the closing occurs that he will need the check from Rhonda Smith for th $3142.86 (Approx.) and a copy of the Settlement Statement (HUD-1) for reimbursement of the Federal Lien. Happy Holidays. Brian • l.• \ I { ~ 1-~ ~ ur~g Lancaster -2 eroeerties to d of From: To: Date: Subject: Gregg Lancaster Brenda Godfrey 9/1012004 8:22:59 AM 2 properties Rhonda Sm ith and Maria Saenz-Limon at 131 and 128 Southland have liens on there properties . These are old projects, done way before I got here and I can not find the fifes . Can you pull the note and deed of trust for both properties and interoffice them to me . I need to check the terms of the loans . Thanks . GL Gregg A. Lancaster Housing Analyst p 979 764-3810 F 979 764-3785 gfancast@cstx.gov CC: Brian Hilton ; Bryan Jones; Randy Brumley B\Jl,A-.\ ~"'+ ~"~ ~vo-. . c:.~ • ~ { ~1'' " (p \~. ;;\=' - -Pc.~ ;>-c=' \ l C\C\ '+--~ \\ I ooD d-O 'f e..o--1' l \ ~ ? 1~ --~ -·-~ .Y ..,, c..( t '°"i Ge Page 1 TRUSTEE: Tom Brymer, Interim City Manager TRUSTEE'S MAILING ADDRESS: (including county) P.O . Box 9960 Brazos County College Station , TX 77842 BENEFICIARY: City of College Station BENEFICIARY'S MAILING ADDRESS: (including county) P.O . Box 9960 Brazos County College Station , TX 77842 NOTE(S): DATE : December t1fJ , 1994 AMOUNT : MAKER: ELEVEN THOUSAND DOLLARS ($11 ,000) Rhonda Lee Smith PAYEE : City of College Station FINAL MATURITY DATE : As provided in the note . PROPERTY (including any improvements): Locally known as : 131 Southland ; And more fully described as: All that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, and being Lot twenty (20), Block One (1 ), Southland Addition, an addition to the City of College Station , Brazos County, Texas, according to the plat recorded in Volume 134, Page 423, Deed Records, Brazos County. PRIOR LIEN(S): Deed of Trust, dated December Q.() , 1994 payable to Commerce National Bank , in the principal amount of Twenty-nine Thousand Nine Hundred Dollars ($29 ,900). Recordedx~~:exxx x x :i:e ~ex xxxxx_gf the Offic ial Records of Brazos County . a t ClerJ<'s File No. -J7 0 31{;(·) EXCEPTIONS TO CONVEYANCE AND WARRANTY: All valid and subsisting easements, restrictions, rights-of-way , conditions, except ions , reservations and covenants of whatsoever nature of record, if any , and also to the zoning laws and other restrictions , regulations, ordinances and statutes of mun icipal or other government authorities applicable to . and enforceabl'9 . against the described premises. jslcldec94/rh onda2 12113194 VOL 2266 PA~f 28 • 2 . pay' all taxes' and assessments on the property' when due ; 3. preserve the lien's priority as it is established in this deed of trust ; 4 . maintain, in a form acceptable to Beneficiary , an insurance pol icy tha t: a. covers all improvements for the ir full insurable value as determined when the policy is issued and renewed, unless Beneficiary approves a smaller amount in writing ; b. contains an 80% coinsurance clause ; c. provides fire and extended coverage, including w indsto rm cover- age ; d. protects Beneficiary with a standard mortgage clause ; e. provides flood insurance at any time the property is in a flood hazard area ; and f. contains such other coverage as Beneficiary may reasonably require ; 5. comply at all times with the requirements of the 80% coinsurance clause ; 6 . del iver the insurance policy to Beneficiary and deliver renewals to Benef i- ciary at least ten days before expiration ; 7. keep any buildings occupied as required by the insurance pol icy ; 8. if th is is not a first lien, pay all prior lien notes that Granter is personally liable to pay and abide by all prior lien instruments ; and 9. comply with all provisions of the Note of even date from Granter to Bene - fic iary . BENEFICIARY'S RIGHTS: 1. Beneficiary may appoint in writing a substitute or successor trustee, suc- ceeding to all rights and responsibilities of Trustee . 2 . If the proceeds of the note are used to pay any debt secured by prior liens , Beneficiary is subrogated to all of the rights and liens of the holders of any debt so paid . 3. Beneficiary may apply any proceeds received under the insurance po li cy either to reduce the note or to repair or replace damaged or destroyed improvements covered by the policy . 4 . If Granter fails to perform any of Grantor's obligations , Beneficiary may perform those obligations and be reimbursed by Granter on demand at the place where the note is payable for any sums so paid , including attor- ney 's fees, plus interest on those sums from the dates of payment at the rate stated in the note for matured, unpaid amounts . The sum to be re im- bursed shall be secured by this deed of trust. 5. If Granter defaults on the note or fails to perform any of Grantor's obliga- tions or if default occurs on a prior lien note or other instrument , Benefi - ciary may: ,· a. declare the unpaid principal balance and earned interest on the note immediately due ; b. request Trustee to foreclose th is lien, in which case Benef iciary or Beneficiary's agent shall give not ice of the foreclosure sale as pro- v ided by the Texas Property Code as thE~n amended; and c. purchase the property at any fo reclosure sale by offer ing t he h igh - est bid and then have the bid credited on the note . TRUSTEE'S DUTIES: If requested by Beneficiary to foreclose this lien , Trustee shall : • 1 . either personally or by agent give. notice of the foreclosure sale as requ ired by the Texas Property Code as then amended; - 2 - jslcldec94/rhonda2 12113194 \::Jt:.Nt:.KAL t"'KUVl:SIUN:S: 1 . If any of the property is sold under this deed of trust, Granter sha ll imme- diately surrender possession to the purchaser . If Granter fa ils to do so , Granter shall become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any Trustee's deed conveying the property will be presumed to be true . 3. Proceeding under this deed of trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies . 4 . This lien shall remain superior to liens later created even if the time of payment of all or part of the note is extended or part of the property is released. 5. If any portion of the note cannot be lawfully secured by this deed of trust , payments shall be applied first to discharge that portion. 6 . Granter ass igns to Beneficiary all sums payable to or received by Granter from condemnation of all or part of the property , from private sale in lieu of condemnation, and from damages caused by public works or con- struction on or near the property . After deducting any expenses incurred , including attorney's fees, Beneficiary may release any remaining sums to Granter or apply such sums to reduce the note . Beneficiary shall not be liable for failure to collect or to exercise diligence in collecting any such sums . 7. GOVERNING LAW: This Deed of Trust and the Note of even date implement 42 U.S.C. 12891-8 and 24 C.F.R. Part 572 and shall be construed in accordance therewith . To the extent not inconsistent therewith these documents shall be governed by the law of the State and local jurisdiction in which the Property is located. 8. TRANSFER OF THE PROPERTY : If all or any part of the Property or any interest in it (including a beneficial interest) is sold or transferred without notice to the Beneficiary and com- pliance with the terms of the Note and this Deed of Trust , the Beneficiary will require immediate payment in full of all sums secured by this Deed of Trust. In the event of such a sale , or in the event of any other Default under the Note or this Deed of Trust, the Beneficiary may give the Granter Notice of Default and accelerat ion as provided for in the Note . 9. RIGHT TO PURCHASE: jslcldec 941rhonda2 12113194 In the event of a proposed sale or transfer of all or any part of the Prop- erty or any interest in it (including a beneficial interest) by the Granter, the Beneficiary shall have the right to purchase the Property from the Granter for the amount and on the terms specified in a written , firm contract between the Granter and the prospective purchaser. Granter will give notice of the proposed sale and a copy of the contract to the Beneficiary as required by Paragraph 3 of the Note. Consistent with 24 C.F.R. 572 .130(b), the Beneficiary shall have ten (10) calendar days after the date it receives the copy of the contract to decide whether to exercise its right to purchase thereunder by sending notice to the Granter as provided in the Note . If the Beneficiary gives Granter such timely notice of its decision to exercise its right to purchase the Property, it shall have sixty (60) additional calendar days after the date of its notice to Granter to complete closing of the purchase . If the Benefici- ary notifies Granter that it does not intend to purchase the Property after receiving a copy of the contract, if it does not timely notify Granter of its decision to exercise its right to purchase , or if it does not timely close on its purchase of the Property, Granter shall ~ave the riglit to sell the Prop- erty free of Beneficiary's right to purch~s~ under this Paragraph on the - 3 - L-AVVt-'l 'f'fl IVI V VU IVI 'f'YIWV I V'1Ull VY VI t-''-"1 11 llll\JY ...,, \.I IV L..IVI IVI IVl~I J II I connection with a transfer on death, divorce, legal separation, or legal incapacity of a Granter as provided in Paragraph 3 of the Note, the Note and this Deed of Trust may not be assumed . 11 . SUCCESSOR NOTE: In the event of a Voluntary Sale for less than Fair Market Value as described in Paragraph 3 of the Note, the Beneficiary will require the purchaser to execute a secured promissory note payable to the Benefici- ary for the discount, or the amount then due on this Note , whichever is less. 12 . SUBORDINATION: Beneficiary and Granter acknowledge and agree that this Subordinate Deed of Trust is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Mortgage/Deed of Trust and to all advances heretofore made or which may hereafter be made pursu- ant to the First Mortgage/Deed of Trust, including all sums advanced for the purpose of: a. protecting or further securing the lien of the First Mortgage/Deed of Trust ; or b . constructing, renovating , repairing, furnishing fixtures or equipping the Property . The terms and provisions of the First Mortgage/Deed of Trust are paramount and controlling, and they supersede any other terms and provisions of this Subordinate Deed of Trust in conflict therewith . In the event of a foreclosure or deed in lieu of foreclosure of the First Mortgage/Deed of Trust, any provisions herein or any provisions in any collateral agreement restrict ing the use of the property to low or moderate income households or otherwise restricting the Grantor's ability to sell the Property shall have no further force or effect on subsequent owners or purchas- ers of the Property. Any person, including his successors or assigns (other than the Granter or a person or entity related to the Granter), receiving title to the property through foreclosure or deed in lieu of foreclosure of the First Mortgage/Deed of Trust shalJ receive title to the Property free and clear from such restrictions ., Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Deed of Trust shall automati- cally terminate upon the Senior Lien Holder's acquisition of title, provided that: a. the Beneficiary has been given written notice of a default under the First Deed of Trust and b. the Beneficiary (or another party acting on its behalf) shall not have cured the default under the First Mortgage/Deed of Trust, or diligently pursued curing the default as determined by the Senior Lien Holder , within the sixty -day period provided in such notice sent to the Beneficiary. 13. When the context requires, singular nouns and pronouns include the plural. 14 . The term "note" includes all sums secured by th !s deed of trust. 15. This deed of trust shall bind, inure to the benefits of, and be exercised by successors in interest of all parties. 16. If Granter and Maker are not the same person, the term "Grantor" shall include Maker. 17 . Granter represents that this deed of trust and the note are given for the following purposes: The note dated December , 1994, is given for ELEVEN THOUSAND DOLLARS ($11,000) on the real property that represents the differenc~ in value betwe~n the sales price and the appraised fair market value of the above Jot 1n accordance with the Note and this Deed of Trust. · jslcldec94/rhonda2 I 2113194 -4 - STATE OF TEXAS COUNTY OF BRAZOS ) ) ) ACKNOWLEDGMENT This instrument was acknowledged before me on the 2o ~ay of December 1994 by RHONDA LEE SMITH . I MAILING ADDRESS OF TRUSTEE : Tom Brymer Interim City Manager P.O . Box 9960 College Station , TX 77842 jslcldec94/rh onda2 12113194 MAILING ADDRESS OF BENEFICIARY: CITY OF COLLEGE ·STATION . City of College Station . . P.O . Box 9960 . . · · · College Station , TX. 7?842 - 5 - • VOL 22fi6 PACf · 32 PAYEE: CITY OF COLLEGE STATION, TEXAS PAYEE'S MAILING ADDRESS: PLACE OF PAYMENT (including County): P.O. Box 9960 Brazos County College Station, Texas 77842 City of College Station 1101 Texas Avenue Brazos County College Station, Texas 77842 PRINCIPAL AMOUNT: ELEVEN THOUSAND DOLLARS ($11,000) ANNUAL INTEREST RATE ON UNPAID PRINCIPAL FROM DATE: PROPERTY (including any improvements): Locally known as : 131 Southland ; 0% per annum for a period of twenty (20) years And more fully known as: All that certain lot , tract or parcel of land lying and being situated in Brazos County , Texas, and being Lot Twenty (20), Block One (1 ), Southland Addition, an Addition to the City of College Station, Brazos County, Texas, according to the plat recorded in Volume 134, Page 423, Deed Records, Brazos County, Texas . 1. BORROWER'S PROMISE TO PAY: A. Purpose: This note implements requ irements applicable to assistance furnished by Lender to Borrower under a program to help eligible families become homeowners being carried out by Lender using , in part, grant funds furnished by the United States Department of Housing and Urban Development ("HUD") pursuant to 24 C.F.R. Part 572 . The Lender has assisted the Borrower with respect to the purchase and/or rehabilitation of the Property, for use as the Borrower's principal residence . The Lende r is the City of College Station, which is the recipient of the grant assistance from HUD. The Lender or any authorized party who takes this Note by assignment and is entitled to receive amounts due under this Note is called the "Note Holder." Anyone who signs this Note is a space so designated at the end of this Note is a "Borrower ." Unless the context otherwise requires, all Borrowers shall be collectively referred to as the Borrower or "I" in this Note. B. Nonrecourse Note. Payment of this Note may be enforced solely out of the proceeds of sale of the Property, whether the sale constitutes a Voluntary Sale under Paragraph 3.A. or a Default under Paragraph 5.A. (except in the extent of fraud or misrepresentation by the Borrower). The Note Holder may not seek or obtain a defic iency judgment or any other recovery from the Borrower personally in the event that the proceeds of sale are insufficient to fully satisfy the amounts due on this Note . However, the Note Holder may, at its option , seek and obtain a personal judgment fo r all amounts payable under this Note against any Borrower responsible for any fraud or js/cldec94/monda 12113194 Paragraphs 3 and 5: ~(i) the outstanding Principal balance of this Note shall remain the same as the amount stated in Paragraph 1.C. until the end of the seventy-third (?3rd) month after the date of execution of this Note; (ii) beginning on the first day of the seventy-fourth (7 4th) month after execution of this Note, and on the first day of each and every month thereafter until payment is due under Paragraph 3 or 5, the outstanding Principal balance of this Note shall be reduced by 1/168th of the original balance, until the out- standing Principal balance of this Note is reduced to zero, and (iii) if I do not sell the Property and am not in Default under this Note , I will owe nothing on this Note at the end of twenty (20) years and one month after the date of execution of this Note, and I will be due a release under Paragraph 10. : E. Borrower's Equity Entitlement/Other Sale Proceeds Repayment (Profit Limitation) Obligation: Alternate Principal. If before the end of the sixth year after the date of this Note, I make a Voluntary Sale of the Property with notice to the Note Holder as described in Paragraph 3, I shall be entitled to receive from the net resale proceeds an amount calculated as described in this paragraph, but no more than that amount. First, the Note Holder shall determine the "Bona Fide Net Resale Proceeds" for the Property, as defined below. Then, the Note Holder shall add up my "Down Payment", "Principal Payments, 'Value of My Improvements", and the "Allowable Appreciation"(all as defined below), and the sum thereof shall be called "My Equity". If the Bona Fide Net Resale Proceeds are sufficient, I shall be entitled to receive My Equity therefrom . If the Bona Fide Net Resale Proceeds are not sufficient to repay my Equity, I shall have no claim against the Note Holder, the Lender, or HUD . If there are any Bona Fide Net Resale Proceeds remaining after payment of my Equity, such remainder shall be paid to the Note Holder at the time and in the manner provided in Paragraph 3. B. The amount due the Note Holder pursuant to this Paragraph and Paragraph 3. B. is the "Alternate Principal" amount of this Note, except in the event of a Default as described in Paragraph 5. B. The terms below shall give the following meanings for purposes of this Note : (i) "Bona Fide Net Resale Proceeds" is calculated by the Note Holder by subtracting from the contract sales price between the Borrower and the proposed buyer for the Property the amounts due on the Closing Date on any "Senior Liens" identified in Paragraph 9 and on "My Other Liens" as defined below, and also subtracting the amount of any reasonable and customary sales expenses paid by the Borrower in connection with the sale , each as determined by the Note Holder. If any part of the contract sales price for the Property is paid in the form of a promissory note, or any thing of value other than lawful money of the United States, the Note Holder is hereby authorized to assign a fair market value thereto . I agree to accept such thing of value at such assigned fair market value as part of My Equity, or to allow it to be retained by the Note Holder as Alternate Principal, as the Note Holder in its sole discretion may determine . (ii) "Closing Date" means the date of closing of my sale of the Prop- erty to my buyer, or if there is no formal closing, the date on which the convey - ance( deed) is recorded . (iii) "Down Payment" means the amount I, or someone on my behalf, paid down on the purchase of the Property , which I am not obligated to repay to anyone else and which is not counted as HOPE 3 match. The down payment js/c/dec94/rflonda 12113194 -2- (vi) "Allowable Appreciation" is calculated by the Note Holder by add- ing together my Down Payment , Principal Payments, and the Value of My lmpro'Jements, and multiplying the sum thereof by the cumulative increase, if any in the Consumer Price Index (Urban Consumers) from the date of this Note to the Closing Date. (vii) "My Other Liens" refers to unpaid liens or other charges that I have authorized, or allowed to exist, against the Property since the date of this Note. Such liens may include, for example, liens for money borrowed to finance additional improvements, home equity lines of credit, and other voluntary liens ; liens for unpaid taxes, special assessments, water, sewer, and other utility charges, mechanic's liens, and other liens and charges arising by operation of law; and judgment or other creditor's liens, any of which may affect the amount of the sales proceeds . The Note Holder is hereby authorized to determine, in its sole discretion, the amount by which these liens or charges reduce the Bona Fide Net Resale Proceeds for the Property, and to reduce the amount payable to me as my equity by an equal amount. 2. INTEREST No interest will be charged on this Note unless and until a Default has been declared by the Note Holder under Paragraph 5. I agree to pay interest at a yearly rate of ten(10)% per annum on the then-outstanding Principal balance of this Note from the date of any Notice of Default until paid. 3. PAYMENT DUE ON VOLUNTARY SALE A Voluntary Sale: Notice. Except as otherwise provided in this paragraph, a 'Voluntary Sale" of the Property for purposes of this Note is any sale or transfer of the Property, or any interest therein (including a beneficial interest), for "Fair Market Value" (as defined in 24 C.F.R. 572.130 (d) (4)) and with notice under this Paragraph, if the Borrower has not been, or is not before the Closing Date, sent a Notice of Default by the Note Holder. Any such transfer for less than Fair Market Value will also constitute a Voluntary Sale (and the Note Holder will not send a Notice of Default), if the purchaser executes a secured promissory note to the Note Holder for the discount, or the amount due on this Note on the Closing Date, whichever is less . I also authorize the Note Holder to determine, in its sole discretion, whether or on what conditions a transfer of the Property, or an interest in the Property, upon the death of a Borrower, or upon the divorce, legal separation, or legal incapacity of a Borrower, constitutes a Voluntary Sale for purposes of this Note. I further authorize the Note Holder to determine, in its sole discretion, whether a transfer of a portion of the Property, or a partial interest therein, for any other reason has an effect on the value of the Note Holder's interest substantial enough to be considered a transfer for purposes of this Paragraph or Paragraph 5 . I will mail, certified mail, return receipt requested, or deliver notice of the proposed sale and a copy of the sales contract to the Note Holder at least fourteen ( 14) calendar days before the proposed Closing Date. B. In the event of a Voluntary Sale within the six years after the date of this Note, I will pay the Alternate Principal calculated as described in Paragraph 1. E. to the Note Holder in US. Dollars on the Closing Date of the Voluntary Sale . C . After First Six Years . In the event of a Voluntary Sale following the expi- ration of the first six years after the date of this Note, I will pay the Principal then out- standing under Paragraphs 1.C. and 1.D. to the Note Holder on the Closing Date of the Voluntary Sale. js/c/dec941rhonda 12/13/i}4 - 3 - leases ·(Including an oral Tease) the Property, or any unit in a two to four unit Property, to any person or entity during the first fifteen years after the date of this Note, the Borrower is in Default under this Note, except that the Borrower may rent limited space, such as a room or basement, in a single-unit Property, or in the Borrower's unit in a multi-unit Property, to the extent permitted by the law of the jurisdiction, provided that the Borrower continues to occupy the unit as his or her Principal Residence . (ii) Failure to Occupy Property as Principal Residence during the First Fifteen Years. If all Borrowers are continuously absent from the Property for a period of more than thirty (30) days, or move substantially all their personal pos- sessions out of the Property, without the written consent of the Note Holder pur- suant to 24 C.F .R. 572 .11 O(c), the Borrowers shall be deemed not to be occupying the Property as their Principal Residence and shall be in Default under this Note. (iii) Any Transfer of the Property Other than a Voluntary Sale . Volun- tary Sale is defined in Paragraph 3.A. Any transfer of the Property or any inter- est therein (including a beneficial interest) that is not a Voluntary Sale as defined in Paragraph 3.A. is a Default under this Note. (iv) Any Default under the Deed of Trust. (v) Borrower's Fraud or Misrepresentation . Any willful misstatement of, or failure to disclose, a material fact by Borrower relating to his or her eligi- bility for assistance with respect to the Property under the Lender's home own- ership program under 24 C.F.R. Part 572 is a Default under this Paragraph . Recovery against the Borrower responsible for the fraud or misrepresentation is not limited to the proceeds of fraud or sale of the Property but may include personal judgment and execution thereon to the full extent authorized by law. B. Notice of Default and Amount Due. If I am in Default, the Note Holder may send me a written notice stating the reason I am in Default and telling me to pay immediate ly: (i) the full amount of Principal or Alternate Principal (as defined below), whichever is larger, then due on this Note , (ii) all of the interest that I owe, and that will accrue until paid, on that amount, and (iii) all of the Note Holder's costs and expenses reimbursable under Paragraph 5. C. Only in the event of a Default during the first six years after the date of this Note, and only for purposes of this Paragraph, the Alternate Principal shall be calculated based on the appraised Fair Market Value of the Property , less the amount of any Senior Liens, as of the date of the Notice of Default. C. Payment of Note Holder's Costs and Expenses . If the Note Holder has notified me to pay immediately in full under Paragraph 5. B., the Note Holder has the right to be repaid from the proceeds of foreclosure for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include for example, reasonable attorneys' fees. D. No Waiver By Note Holder. Even if, at a · time when I am in Default, the Note Holder does not require me to pay immediately in full under Paragraph 5 . B., the Note Holder will still have the right to do so if I am in Default for the same reason , or for another reason , at a later time . 6. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above, or at a different address if I give the Note Holder a notice of my different address. jslc/dec94/rhonde 12113194 -4- us together. 8. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means my right to require the Note Holder formally to demand payment of amounts due . "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 9. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Deed of Trust, dated the same date as this Note, secures this Note. The indebtedness evidenced by this Note is subordinate in all respects to the indebtedness evidenced by one or more notes payable to one or more Senior Lien Holders, which notes are secured by the following "Senior Liens": Deed of Trust, dated , 199_, payable to Commerce National Bank, in the principal amount of Twenty-nine Thousand Nine Hundred Dollars ($29,900), recorded in Volume , Page , of the Official Records of Brazos County . The Deed of Trust describes the conditions under which I may be required to make immediate payment in full of all amounts I owe under this Note . Some of those conditions are set forth therein as follows : 10. TRANSFER OF THE PROPERTY If all or any part of the Property or any interest in it (including a beneficial interest) is sold or transferred without notice to the Note Holder and compliance with the terms of the note and this Deed of Trust, the Note Holder will require immediate payment in full of all sums secured by this Deed of Trust. In the event of such a sale, or in the event of any other Default under the Note or the Deed of Trust, the Note Holder may give the Borrower Notice of Default and acceleration under Paragraph 5 of the Note . 11. RELEASE AND SATISFACTION This Note shall be deemed satisfied and I shall be entitled to a release of the Deed of Trust upon payment of a reasonable fee, as determined by the Note Holder, for preparation and recordation of the release under the circumstances described in Paragraph 1.D., on the Closing Date of a Voluntary Sale in accordance with Paragraph 3, upon full prepayment under Paragraph 4, upon payment of all amounts due upon Default under Paragraph 5, or upon recordation of a deed-in-lieu of foreclosure under Paragraph 9. 12. COMPLIANCE WITH ENVIRONMENTAL LAWS All persons signing this Note agree to comply with all applicable environmental laws and author ities. 13. MAINTENANCE OF PROPERTY Property must be maintained to meet all applicable city codes , including com- munity appearance standards and code enforcement ordinances . jslc/dec941rhonda 12113194 -5- .- STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the plo ~of December, 1994, by RHONDA LEE SMITH . jslc/dec94/rhonda 12/13/:}4 -6- : .. ···-·<:I --··... .. .. . '· ' ~ ~<~~~,;~,~=we=~] I K.!:.!_stan Clann -RE : Rhonda Smith closing From: To: Date: Subject: Krista n, "Jane Gregg" <jgregg@fcmchou .com > "'Kr istan C lann '" <Kclann@cstx .gov > 3/1/2005 1 :49 :02 PM RE : Rhonda Smith closing To extend the lock for another 30 days is going to cost abou t $525 . The re will a lso be a re draw fee of $100 for the paperwork. The $14 .08/day that Ms . Sm ith is referr ing to is the amount of interest she is pay ing on the builder's interim financing , because she moved into the house . This amount started on the 18th , which was the day that she s igned my clos ing docs . I have spoken to my closing department and if we can get this done by this Fr iday I w ill not have to re draw any of the paper work and I won 't have to extend my lock. I think we are at the point of beg borrowing and stealing now , aren't we ! : ) Thanks for all you r help on th is one Kristan ! Jane -----Original Message----- From : Kristan Clann (mailto :Kclann@cstx .gov] Sent: Tuesday , March 01 , 2005 11 :39 AM To: jgregg@fcmchou .com Subject: Rhonda Sm ith closing Jane , -----4wtf . LP Can you send me some information on the ramifications of us extending the closing date another month? Thanks , ===================== Kristan D. Clann Greenways Program Manager City of College Station Phone: 979 .764.3844 Fax : 979 . 764 .3489 E-mail : kclann@cstx .gov Web: www.cstx .gov College Station . Heart of the Research Valley. Page 1 I I Kristan Clann -Rhonda Smith From: To: Date: Subject: Brenda Godfrey Brian Hilton ; Charles Mclemore; Gregg Lancaster; Kristan Clann ; Mark Smith 3/17 /2005 1 :24:41 PM Rhonda Smith The original Real Estate Contract was for the sum of $60 ,200 .00. The proposed Amendment which is placed on agenda for the March 22 , 2005 council meeting increases the sales price to $66 ,265 .59 which is a difference of $6065 .59. Our understanding is that the City was increasing the sales price to cover the difference in the amount of the actual pay-off to the City for the Hope 3 loan made to Ms . Smith through our Community Development programs and the amount Ms . Smith was quoted as a payoff amount back in September 2004 . The actual payoff to the C ity if we close prior to April 1, 2005 is $7726.00 . The amount Ms . Smith was previously quoted as a pay -off figure in September 2004 was $3142.86 . Reducing the payoff amount by 5 more months from October 2004 thru March 2005 at $65.48 per month , the pay off might be 2815.46 . The difference in $7726 .00 and her assumed payoff amount of $2815.46 is $4910 .54 . We just wanted to ensure that the amount inserted in the Amendment was correct. Thanks , Brenda Page 1 l --~--. .-•T""'" -J ~ • .. _,._ --·--•r ----.. --- First Offer $ 60.200.00 Difference in City tien $ 4,626.00 Interest Rate Lock Extension $ 525.00 Re-draw paperwork fee $ 10Q.QO Southland March mortgage $ 349.95 Builder Interim Interest $ 464.64 ($14.08 x 33 davs) TOTAL $ 66,265.59 To: From: Marm 22, 2oos Consent Agenda Item #11.5 Greenway Land Acquisition Tom Brymer. City Manager Charles Mclemore, Acting Director of Public Works Agenda caption: Presentation, discussion, and possible action increasing the amount of Real Estate Contract 05-133M by $6,065.59 to bring the total amount of the acquisition of Southland, Block 1, Lot 20, for the greenways program, to $66,265.59. Recommendation(s): Staff recommends approval of increasing the amount of Real Estate Contract 05-133M by $6,065.59 for an amended expenditure of greenways bond funds of $66,265.59. Summary: Southland, Block 1, Lot 20, also referred to as 131 Southland Street, lies in the Bee Creek floodplain, as do seven other lots on Southland Street. These lots lie in a designated suburban greenway per the Greenways Master Plan. This area does flood in very heavy rains and staff agrees that it needs to be protected as a greenway for unimpeded drainage flow. The greenways program manager is working with the property owners on Southland Street to re-locate them to other areas and purchase their lots for the greenways program. In addition, the proposed Bee Creek Trail -Northwest traverses this greenway. On February 10, 2005, Council approved a purchase price of $60,200 for this property. At dosing, it was determined that City staff had underestimated the payoff amount for a CDBG loan. The additional $6,065.59 will allow the seller to finalize the purchase of her new house. Budget & Financial Summary: The City's Bond election in 1998 authorizes the expenditure of bond funds for the acquisition of land for greenway purposes, induding drainage control . Approximately $1.6 million is still available and budgeted for land acquisition of greenways. This lot will cost $66,265.59 and other lots on Southland Drive will total approximately $150,000. Attachments: 1. Real Estate Contract Amendment #1 2. Vicinity Map Council Meeting 3/22/05 College Station City Council Regular Meeting Tuesday March 22, 2005 at 7:00 p.m. City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 9. Pledge of Allegiance, Invocation Presentations: Voices for Children Award Presentation United Way Award Sexual Assault Awareness Month Proclamation National Fire Academy Executive Fire Officer Program Consider request from absence from meeting 10. Hear Visitors Page4 (Any citizen may address the City Council for three minutes on city related issues not scheduled on the posted agenda. An information form is provided at the register table and should be completed prior to 5 :45 p.m. and given to the City Secretary. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda for discussion). 11.1 Presentation, discussion, and possible action concerning a resolution of the City Council of the City of College Station, Texas, approving a construction contract, Bid No. 0555, Contract No. 05-109, with Marek Brothers Construction, Inc., in the amount of $86, 706 .00 for the replacement of the Thomas Park Jogging Track with a concrete walk and rubber cushioning. 11.2 Bid #05-58 . Presentation, discussion, and possible action on the bid award for various electrical distribution materials maintained in inventory . Total annual estimated expenditures to KBS Electric Distributors, Techline, Inc., Priester Supply Co. and Hughes Supply are $424,821.24. 11. 3 Presentation, discussion, and possible action on Amendment # 1 to the Contract for Municipal Advertising with The Eagle amending the daily/Sunday rates and adding a provision for a total not to exceed amount of $280,000. 11.4 Presentation, discussion, and possible action approving a real estate contract that will authorize the purchase of real property needed for public utility easements and temporary construction easements in order to develop the Water Transmission Line Project. The property is located at FM 2818 and Villa Maria, and the purchase price is $160,322. Traditional Valu es, Progressive Thinking In the Research Valley Council Meeting 3/22/05 Page 5 11. 5 Presentation, discussion, and possible action increasing the amount of Real Estate Contract 05-133M by $6,065.59 to bring the total amount of the acquisition of Southland, Block 1, Lot 20 for the greenways program to $66,265.59. 11.6 Presentation, discussion, and possible action on a resolution awarding Contract No. 05-14 7 for the College Park/Breezy Heights Rehabilitation Project, for infrastructure improvements, to Goodwin Lasiter, Inc. in the amount of $433,600.00. 11.7 Presentation, discussion, and possible action to approve a resolution by the City Council of the City of College Station, Texas , directing publication of notice of intention to issue certificates of obligation, series 2005 in an amount not to exceed $8,000,000; and providing an effective date . 11 .8 Presentation, discussion, and possible action on an interlocal agreement (ILA) with the City of Bryan and Brazos County accepting a Justice Assistance Grant (JAG). 11.9 Presentation, discussion, and possible action to authorize the Mayor to exe cute the renewal of a utility easement located on the Texas A&M University System property. I Regular Agenda Vision Statement I -Core Services 12.1 Public hearing, discussion, and possible action by the City Council on the adoption of an ordinance to regulate open containers and public consumption in the Northgate Central Business District in order to address multiple public safety issues in the area. Vision Statement IV -Planning and Development 12.2 Public hearing, discussion, and possible action on a Rezoning from A-0 Agricultural Open to R-1 Single Family for a portion of Renee Lane right-of-way, and for lots 4 & 5 of the Bald Prairie Subdivision, consisting of approximately 7. 7 acres located at the north end of Renee Lane . 12.3 Public hearing, discussion, and possible action on a Rezoning from A-P , Administrative- Professional to R-4, Multi-family District for a 4.7-acre tract generally located at 1000 Spring Loop. Vision Statement I -Core Services 12.4 Public hearing, discussion, and possible action by City Council on adoption of an ordinance requiring a rental registration program for duplex and single family rentals. 12.5 Presentation, discussion, and possible action on a resolution authorizing the Fire Chief to coordinate with the Office of Domestic Preparedness of the Department of Homeland Security in cooperation with the U.S. Fire Administration in application for a matching funds grants under the Assistance to Firefighters Grant Program for the purpose of Traditional Values , Progressiv e Thinking In the R es earch Vall ey Council Meeting 3/22/05 Page 6 initiating a full spectrum, mandatory, firefighter wellness and fitness program for 96 uniformed employees. 12.6 Presentation, discussion, and possible action on revision #7 to the Economic Development Incentive Guidelines, Section I. 13 . The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for March 22, 2005. 14. Final action on executive session, if necessary. 15. Adjourn . If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. APPROVED: City Manager Thomas E . Brymer I certify that this agenda was posted on the bulletin board at the Municipal Building , 1101 Texas A venue, College Station, Texas on March 16 , 2005 at 5 :00 p.m. City Secretary Connie Hooks This building is wheelchair accessible . Handicap parking spaces are available . Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989 . Agendas may be viewed on www.cstx.go v and council meeting shown live on Cable Access Channel 19. Traditional Valu es, Progressive Thinking Jn the R es earch Vall ey AMENDMENT #1 TO REAL ESTATE CONTRACT CONTRACT: REAL ESTATE CONTRACT NO.: 05-133M CONTRACT DA TE : JANUARY 26, 2005 SELLER: RHONDA LEE SMITH BUYER: CITY OF COLLEGE STATION , TEXAS PROPERTY: Fee simple interest in all that certain tract or parcel ofland at Southland, Block 1, Lot 20, in the configuration depicted in the Vicinity Map attached hereto. AMMENDMENT(S) TO CONTRACT : Amend Article II, Section 2.1 in the original contract with the following revised sections: 5.1 The purchase price for said PROPERTY shall be the sum of SIXTY SIX THOUSAND TWO HUNDRED SIXTY FIVE AND 59/100 DOLLARS ($66,265.59). The purchase price shall be payable in full at closing. The referenced CONTRACT OF SALE is being amended as detailed above. All other terms and conditions set forth in the contract shall remain unchanged . EXECUTED on this the ~ day of i\~ " '2005. SELLER: RHONDA LEE SMITH Date: 5 -2 z ~ o ~ BUYER: CITY OF COLLEGE STATION By : Q j_ '-Lei/~ RON SIL vJi~ayor Date: 3 -x ,i -JO C-15--Q Attes ;l'.//J,___, . ~ ~ . CONNIE HOOKS, City Date : ;) -:). :X -J-t o 5- City Attorney Date: ------- ****************************************************************************** THE STATE OF TEXAS COUNTY OF BRAZOS § § § ACKNOWLEDGMENT ****************************************************************************** THE STATE OF TEXAS COUNTY OF ~~~ § § § ACKNOWLEDGMENT This instrument was acknowledged before me on the 7-z_ day of _fV\ __ cv-... __ u__ ______ , 2005, by RHONDA LEE SMITH MAR ~ rnW iN MCAULIFFE Notary Public :>:ate of Texas My C·:.,.,,mission Expires ,C,..ig u s : 20 , 2005 ~ CJ~,V'-ievv:, A ~/ NOTARY PUBLIC in and for the STATE OF TE TO: FROM: SUBJECT: DATE: C ITY OF C OLLEGE S TATION MEMORANDUM Kristan Weaver, Greenways Program Manager Brenda Godfrey, Legal Assistant Southland Greenways Project -Purchase of Lot 20 , Block 1, Southland Addition from Rhonda Lee Smith May 19 , 2005 Attached for your file are copies of the following: 1. General Warranty Deed dated March 24, 2005 from Rhonda Lee Smith to the City of College Station, Tex as , recorded in Volume 6577 , Page 108 , of the Official Records of Brazos County, Texas . Please note the City purchased the subject property for a sales price of $66 ,265 .59 plus closing costs for a total cost of $66 ,722.13. If you hav e any questions , please call Brenda Legal Department P.O. BO:X\9960 • 1101 T EXAS AVENUE COLLEGE STATION • TEXAS • 77842 TEL. 979 .764.3507 • FAX. 979.764-348 1 www.cstx.gov ,,, ;" ·:."_-.1q1i·~q _Nb~_ ... ·-· ·.I·; ;,. ;··.'! y NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Doc Bi-< IZltZl B85 7 4 S OR GENERAL WARRANTY DEED DATE: March ~,2005 GRANTOR: RHONDA LEE SMITH GRANTOR'S MAILING ADDRESS: (including county): 131 Southland Brazos County \,' 0 ~ b 5 77 College Station, Texas 77845 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: (including county): 1101 Texas Avenue Brazos County College Station, TX 77840 CONS ID ERA TION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration PROPERTY: (including any improvements): Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Twenty (20), Block One (1), SOUTHLAND ADDITION, an addition to the City of College Station, according to plat recorded in Volume 134, Page 423, of the Deed records of Brazos County, Texas . RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. Mineral reservation in Deed from City of College Station to Rhonda Lee Smith, dated December 20, 1994, recorded in Volume 2266, Page 21, Official Records, Brazos County, Texas. Bg/legal. .. group{ o yprojects/southland greenway/rhonda smith/deed .doc 01/20/2005 Page 1 ,., Doc Bk Vo l Pq 00885748 OR 5577 i~9 - 2 . Estate created by Oil and Gas Lease from David L. Keese, et ux to Chaparral Minerals, Inc., dated January 28, 1984, recorded in Volume 680, Page 208, Official Records, Brazos County, Texas . GRANTOR, for the consideration and subject to the reservations from and exceptions to conveyance and warranty , GRANTS, SELLS and CONVEYS to GRANTEE the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to GRANTEE, Grantee's successors and assigns forever. GRANTOR binds GRANTOR and Grantor's heirs, executors and administrators to warrant and forever defend all and singular the property to GRANTEE and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. ~ City Attorney THE STATE OF TEXAS RHONDA LEE SMITH § § § ACKNOWLEDGMENT COUNTY OF BRAZOS Mo.rc.'r\'f.v This instrument was acknowledge before me on the a4~ day of Peeraar;'\ 2005, by RHONDA LEE SMITH. l<J\THY VICINI Notary Public, State of foxas My Comm ission Exp ir es AUGUST 28, 2005 PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 Bgllegal ... group( o)lprojectsl south/and greenwaylrhonda smith/deed.doc AFfER RECORDING, RETURN TO: City of College Station Legal Department P .0. Box ,9960 College Station, TX 77842-9960 Page 2 Doc Bk Vol Pg 00885748 OR &577 110 Filed for Record in: BRAZOS m.tm On : Mar 24,2005 at 10:47A As a NO LABEL RECORDING Docu11nt Nulbtr: A1ount 13.00 Receipt Nu1ber -263090 C th . R~y, ' , yn ia incon SHIFIE IDIRYFmE I hereby mtify that this ilstrumt 11as filed 811 the ilate and ti1e stuped hereon by 1e and llaS duly rtcarded in the Hlae ilKl pagt of the aaaeil recards If: BAAZOO lllJITY as staaped herm by H. Mar 24,2005 Proposed Real Estate Transaction Summary THIS IS NOT A CONTRACT OR AGREEMENT AND IS NOT BINDING Buyer: City of College Station Kristan Clann, Greenways Manager Seller : Frank & Barbara Minor Date: 4-1.1-at General Information Tract Name: Frank Minor Owner: Frank & Barbara Minor Owner Address: 129 Southland Street College Station, Texas 77840 979.694.1372 Remainder Subject to Assessment? N/ A Tract No.: R41943 Project Name: Southland Greenway Project Address: 129 Southland Street College Station, Texas 77840 COCS Department/ Representative: Emergency Management/Brian Hilton Negotiator: Kristan Clann 979 . 764.3844 General Terms of the Transaction Property: Southland, Block 1, Lot 19 Purchase Price: $22,612.50 Estate Required: Fee Simple Title Minerals: All owned by Seller will convey Document: General Warranty Deed Sold As-Is? Yes Title Company: Brazos County Abstract Property Description: Purpose of the Property: Southland, Block 1, Lot 19 Greenway Acquisition Comments/ Additional Terms: • Seller to pay for title policy and all expenses typical to a market transaction - including 1/2 the escrow fee, the cost to clear title, pro-rated taxes and tax certificates . • Buyer to pay purchase price and all expenses typical to a market transaction. The City of College Station, Texas Embracing the Past, Exploring the Future. P .O . Bo x 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764 -35 00 No v ember 16 , 2004 Ms. June Van Etten Brazos County Abstract Company 418 Tarrow Street College Station, Texas 77840 RE : Request for Title Commitment Dear Ms. Van Etten, www .ci.college-s tation. tx . us Please provide to this office a title commitment for the property listed below. I have attached information regarding the property. Owner: Frank and Barbara Minor Southland, Block 1, Lot 19 College Station, Brazos County, Texas Tax ID 579600-0001-0190 R41943 Thank you in advance for your attention to this request. If you should have any questions, please contact me at 764-3844. Sincerely, Kristan D. Clann Greenways Program Manager Attachment Home of Texa s A&M University Home of the George Bush P residential Library and Museum R41943 Page 1 of 1 Current Owner ~-Legal Description "'j:' _) .... -.. ,,,;. ~ Exemptions ·~ Appraised · MINOR , FRANK & BARBARA (143055) SOUTHLAND, BLOCK 1, LOT 19 DP , HS 18,090 129 SOUTHLAND ST COLLEGE STATION .TX 77840-4221 Entitles Homestead Cap G1, S2, C2 0 .. .. ,. " . •T _,,.)J. !!;.::-;· ... .. , . .,L-_,-• ~-·"" Situs Address ~"" \,;c· , ... "' History lnfoJmatlon " ;'" 129 SOUTHLAND 2004 2003 2002 2001 Imp HS $10,990 $10,990 $9 ,900 $9,900 ... --'" " ~ Imp NHS ---- Sales .. ~ Land HS $7,100 $7 ,100 $3 ,550 $3 ,550 Date Volume Page Seller Name Land NHS ---- 425 114 Unknown Ag Mkt ---- 2844 291 MONROE , RAYMOND C Ag Use ---- Tim Mkt ---- Tim Use ---- HS Cap -$600 -- Assessed $18 ,090 $17,490 $13 ,450 $13 ,450 "··' ·-''"' . _. . -•;-... :Jr,, .. ~'£.'',~ •• ,;,.. ·-~·~· Building Attributes ~·~,· ... ;,;.·--"1l:-. ~-... :.:-.;.~-'->· Improvement Sketch ""~ Construction Foundation Exterior interior Roof Flooring BK FR GA HeaUAC Baths Fireplace Year Built Rooms Bedrooms 14 6 13 WU + OP + ) '• ' ~-Improvements 6 -6 Type Description Area Year Built Eff Year Value R Residential $10 ,990 MA Main Area 867 $10,910 OP Open Porch 24 $80 27 MA 27 Land Seamenta SPTB Description Area Market Ag Value A1 Homesite 6150F 7,100 33 COMMONWEAL TH LAND TITLE INSURANCE COMPANY SCHEDULE A Effective Date: November 22, 2004 at 8:00 AM Commitment issued November 24, 2004 1. POLICY OR POLICIES TO BE ISSUED ARE: (a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) POLICY AMOUNT: PROPOSED INSURED : (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE --ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R) POLICY AMOUNT: $TO BE DETERMINED PROPOSED INSURED: CITY OF COLLEGE STATION (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2) POLICY AMOUNT: PROPOSED INSURED: PROPOSED BORROWER: File No.: 141888 (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2R) POLICY AMOUNT: PROPOSED INSURED : PROPOSED BORROWER: (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) POLICY AMOUNT: PROPOSED INSURED: PROPOSED BORROWER: (f) OTHER POLICY AMOUNT: PROPOSED INSURED: 2. THE INTEREST IN THE LAND COVERED BY THIS COMMITMENT IS : FEE SIMPLE 3. RECORD TITLE TO THE LAND ON THE EFFECTIVE DATE APPEARS TO BE VESTED IN: FRANK MINOR and wife , BARBARA MINOR BRAZOS COUNTY ABSTRACT COMPANY COMMONWEAL TH LAND TITLE INSURANCE COMPANY SCHEDULE A 4. LEGAL DESCRIPTION OF THE LAND: File No. 141888 Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Nineteen (19), Block One (1 ), SOUTHLAND ADDITION, an addition to the City of College Station, Texas, according to plat recorded in Volume 134, page 423, Deed Records of Brazos County, Texas. COMMONWEAL TH LAND TITLE INSURANCE COMPANY SCHEDULE B EXCEPTIONS FROM COVERAGE File No . 141888 IN ADDITION TO THE EXCLUSIONS AND CONDITIONS AND STIPULATIONS, YOUR POLICY WILL NOT COVER LOSS, COSTS, ATTORNEY'S FEES , AND EXPENSES RESULTING FROM: 1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW 0/VE MUST EITHER INSERT SPECIFIC RECORDING DATA OR DELETE THIS EXCEPTION): Item No . 1 is hereby deleted in its entirety. 2. ANY DISCREPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY LINES, OR ANY ENCROACHMENTS OR PROTRUSIONS, OR ANY OVERLAPPING OF IMPROVEMENTS . 3 . HOMESTEAD OR COMMUNITY PROPERTY OR SURVIVORSHIP RIGHTS, IF ANY, OF ANY SPOUSE OF ANY INSURED. (APPLIES TO THE OWNER POLICY ONLY.) 4 . ANY TITLES OR RIGHTS ASSERTED BY ANYONE, INCLUDING, BUT NOT LIMITED TO, PERSONS, THE PUBLIC, CORPORATIONS, GOVERNMENTS OR OTHER ENTITIES. A. TO TIDELANDS , OR LANDS COMPRISING THE SHORES OR BEDS OF NAVIGABLE OR PERENNIAL RIVERS AND STREAMS, LAKES, BAYS, GULFS OR OCEANS, OR B. TO LANDS BEYOND THE LINE OF THE HARBOR OR BULKHEAD LINES AS ESTABLISHED OR CHANGED BY ANY GOVERNMENT, OR C . TO FILLED-IN LANDS, OR ARTIFICIAL ISLANDS , OR D. TO STATUTORY WATER RIGHTS, INCLUDING RIPARIAN RIGHTS, OR E. TO THE AREA EXTENDING FROM THE LINE OF MEAN LOW TIDE TO THE LINE OF VEGETATION , OR THE RIGHTS OF ACCESS TO THAT AREA OR EASEMENT ALONG AND ACROSS THAT AREA. (APPLIES TO THE OWNER POLICY ONLY.) 5. STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2005, AND SUBSEQUENT YEARS ; AND SUBSEQUENT TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR PRIOR YEARS DUE TO CHANGE IN LAND USAGE OR OWNERSHIP, BUT NOT THOSE TAXES OR ASSESSMENTS FOR PRIOR YEARS BECAUSE OF AN EXEMPTION GRANTED TO A PREVIOUS OWNER OF THE PROPERTY UNDER SECTION 11 .13, TEXAS TAX CODE , OR BECAUSE OF IMPROVEMENTS NOT ASSESSED FOR A PREVIOUS TAX YEAR. (IF TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T-2R) IS ISSUED , THAT POLICY WILL SUBSTITUTE "WHICH BECOME DUE AND PAYABLE SUBSEQUENT TO DATE OF POLICY" IN LIEU OF "FOR THE YEAR 2005 AND SUBSEQUENT YEARS.") 6. THE TERMS AND CONDITIONS OF THE DOCUMENTS CREATING YOUR INTEREST IN THE LAND. 7. MATERIALS FURNISHED OR LABOR PERFORMED IN CONNECTION WITH PLANNED CONSTRUCTION BEFORE SIGNING AND DELIVERING THE LIEN DOCUMENT DESCRIBED IN SCHEDULE A , IF THE LAND IS PART OF THE HOMESTEAD OF THE OWNER. (APPLIES TO THE MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN ONLY, AND MAY BE DELETED IF SATISFACTORY EVIDENCE IS PROVIDED TO US BEFORE A BINDER IS ISSUED .) 8. LIENS AND LEASES THAT AFFECT THE TITLE TO THE LAND, BUT THAT ARE SUBORDINATE TO THE LIEN OF THE INSURED MORTGAGE. (APPLIES TO MORTGAGEE POLICY (T-2) ONLY.) COMMONWEAL TH LAND TITLE INSURANCE COMPANY SCHEDULE B (Continued) File No. 141888 9. THE EXCEPTIONS FROM COVERAGE AND EXPRESS INSURANCE IN SCHEDULE B OF THE TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T-2R). (APPLIES TO TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T-2R) ONLY. SEPARATE EXCEPTIONS 1 THROUGH 8 OF THIS SCHEDULE B DO NOT APPLY TO THE TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T-2R). 10 . THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING EVIDENCE OF THE MATTERS (WE MUST INSERT MATTERS OR DELETE THIS EXCEPTION .): a . Rights of Parties in Possession. (Owner Policy Only) b. Easements, or claims of easements , which are not recorded in the public records. (Owner Policy Only) c. Mineral reservation in Deed from Raymond C. Monroe, et ux to Frank Minor, et ux dated January 21, 1997, recorded in Volume 2844, page 291, Official Records of Brazos County, Texas. Title to th is reservation has not been traced subsequent to the date of the above-cited instrument. d. Estate created by Memorandum of Oil and Gas Lease from Raymond C. Monroe, et ux to Chaparral Minerals, Inc., dated February 7, 1984, recorded in Volume 680, page 207, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above- cited instrument. e. All oil , gas and other minerals in and under the herein described property, together with any rights of ingress and egress , mining or drilling privileges heretofore reserved or conveyed by predecessors in title . There is express ly excluded from coverage hereunder, and this Company does not insure, title to oil , gas and other minerals of every kind and character, in, on and under the property herein described. f. The Tax Certificate furnished by the taxing authorities is issued on real estate only. It does not include minerals and/or personal property, therefore, no liability is assumed herein for the payment of said mineral and/or personal property tax . COMMONWEAL TH LAND TITLE INSURANCE COMPANY SCHEDULE C File No. 141888 YOUR POLICY WILL NOT COVER LOSS, COSTS, ATTORNEY'S FEES, AND EXPENSES RESULTING FROM THE FOLLOWING REQUIREMENTS THAT WILL APPEAR AS EXCEPTIONS IN SCHEDULE B OF THE POLICY, UNLESS YOU DISPOSE OF THESE MATTERS TO OUR SATISFACTION, BEFORE THE DATE THE POLICY IS ISSUED: 1. DOCUMENTS CREATING YOUR TITLE OR INTEREST MUST BE APPROVED BY US AND MUST BE SIGNED, NOTARIZED AND FILED FOR RECORD. 2. SATISFACTORY EVIDENCE MUST BE PROVIDED THAT: -NO PERSON OCCUPYING THE LAND CLAIMS ANY INTEREST IN THAT LAND AGAINST THE PERSONS NAMED IN PARAGRAPH 3 OF SCHEDULE A, -ALL STANDBY FEES, TAXES, ASSESSMENTS AND CHARGES AGAINST THE PROPERTY HAVE BEEN PAID, -ALL IMPROVEMENTS OR REPAIRS TO THE PROPERTY ARE COMPLETED AND ACCEPTED BY THE OWNER, AND THAT ALL CONTRACTORS, SUB-CONTRACTORS, LABORERS AND SUPPLIERS HAVE BEEN FULLY PAID, AND THAT NO MECHANIC'S, LABORER'S LIENS OR MATERIALMAN'S LIENS HAVE ATTACHED TO THE PROPERTY, -(ON A MORTGAGEE'S POLICY ONLY) RESTRICTIONS HAVE NOT BEEN AND WILL NOT BE VIOLATED THAT AFFECT THE VALIDITY AND PRIORITY OF THE INSURED MORTGAGE . 3. THERE IS LEGAL RIGHT OF ACCESS TO AND FROM THE LAND, 4. YOU MUST PAY THE SELLER OR BORROWER THE AGREED AMOUNT FOR YOUR PROPERTY OR INTEREST. 5 . ANY DEFECT, LIEN OR OTHER MATTER THAT MAY AFFECT TITLE TO THE LAND OR INTEREST INSURED, THAT ARISES OR IS FILED AFTER THE EFFECTIVE DATE OF THIS COMMITMENT. 6. Deed of Trust dated April 23, 1973, executed by William E. Ford and wife, Brenda Raye Ford to J. B. Hervey, Trustee for the benefit of Community Savings and Loan Association, in the principal amount of $6,000.00, recorded in Volume 168, page 823, Deed Records of Brazos County, Texas. 7 . Company will require tax certificates on the subject property showing all taxes paid up to and including the year 2004 . 8. Company will require a properly executed Waiver of Inspection. 9. Company will require a properly executed Affidavit as to debts and liens. 10. "The title insurance policy being issued to you contains an Arbitration Provision. It allows you or the Company to require arbitration if the amount of Insurance is $1,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the Arbitration Provision before the policy is issued. If you are the purchaser in the transaction and elect deletion of the Arbitration Provision, a form will be presented to you at closing for execution. If you are the lender in the transaction and desire deletion of the Arbitration Provision, please inform us through your Closing Instructions." SCHEDULED 1. Commonwealth Land Title Insurance Company is a wholly owned subsidiary of LandAmerica Financial Group , Inc., a Virginia Corporation whose securities are publicly traded on the New York Stock Exchange. Commonwealth Land Title Insurance Company's officers and directors are as follows: OFFICERS Charles H. Foster, Jr., Chairman & Chief Executive Officer Janet A. Alpert, President Theodore L. Chandler, Jr., Chief Operating Officer Ronald B. Ramos, Treasurer Wm. Chadwick Perrine, Secretary Kenneth Astheimer, Executive Vice President John M. Carter, Executive Vice President Theodore L. Chandler, Jr., Sr. Executive Vice President DIRECTORS Janet A. Alpert Theodore L. Chandler, Jr. G. William Evans Charles H . Foster, Jr. Russell W. Jordan, III John P. Rapp Jeffrey C. Selby G. William Evans, Executive Vice President and Chief Financial Officer Russell W. Jordan, ill, Executive Vice President David W. Koshork, Executive Vice President John M. Obzud, Executive Vice President Karen L. Schmidt, Executive Vice President Jeffrey C . Selby, Executive Vice President Donald C. Weigel, Executive Vice President Stephen P. Veltri, Executive Vice President Jeffrey D. Vaughan, Executive Vice President 2. The following disclosures are made by the Title Insurance Agent issuing this commitment pursuant to Rule P-21 : BRAZOS COUNTY ABSTRACT COMPANY SHAREHOLDERS Tom Giesenschlag Diane C. Ganzer DIRECTORS Tom Giesenschlag Diane Ganzer June Van Etten Linda Morgan OFFICERS Tom Giesenschlag, President Diane Ganzer, Secretary June Van Etten, Vice President Linda Morgan, Vice President 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates . Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is : Owners Policy Mortgagee Policy Endorsement Charges Total $TBD $ ____ _ $;...___ ___ _ $ ____ _ Of this amount: 15.00% will be paid to the policy issuing Title Insurance Company; 85.00% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services $!% ________ _ $/% _________ _ * The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. . . . COMMITMENT FOR TITLE INSURANCE issued by Commonwealth Land Title Insurance Company ~ ~ LandAmerica .. Commonwealth Commonwealth Land Tille In sura nce Company is a memb er of the LandAme rica family of title insu rance underwriters . THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. We Commonwealth Land Title Insurance Company will issue our title insurance policy or polic ie s (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule Band Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses . Th is Comm it ment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. Dated : BRAZOS COUNTY ABSTRACT COMPANY Countersigned : Authorized Off ice r or Agent Commitment for Title Insurance -T-7 Page One -Texas (Rev . 04/04/02) Form 1177-1 COMMONWEAL TH LAND TITLE INSURANCE COMPANY By : President Attest: LL. a~,~~ Secreta ry ORIGINAL . . . TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title . The Commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy . The Commitment is a legal document. You should review it carefully to completely understand it before your closing date . El seguro de titulo le asegura en relaci6n a perdidas resultantes de ciertos riesgos que pueden afectar el tituto de su propiedad . El Compromiso para Seguro de T itulo es la promesa de la compafifa aseguradora de tftulos de emitir la p61iza de seguro de tftulo . El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finali zar su transacci6n . Your Commitment for Title Insurance is a legal contract between you and us . The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitments te rms and requirements . Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable . This determination has already been made . Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy . Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions . These risks will not be covered by the Policy . Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them . You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land . When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions , defined below. -EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. -EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. -CONDITIONS are additional provisions that qualify or limit your coverage . Conditions include your responsibilities and those of the Company . They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions . You can get a copy of the policy form approved by the State Board of Insurance by calling the Title Insurance Company at 1-800-925-0965 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439. Before the Policy is issued , you may request changes in the policy . Some of the changes to consider are: -Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment , you must furnish a survey or comply with other requirements of the Company . On the Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met , your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements . The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you shou ld determine whether you want to purchase and review a survey if a survey is not being provided to you . -Allow the Company to add an exception to "rights of parties in possession ." If you refuse this exception , the Company or the title insurance agent may inspect the property . The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement hold ers who occupy the land . The Company may charge you for the inspection . If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy . The entire premium for a Policy must be paid when the Policy is issued . You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. Te xas Title Insurance Information Form 1177-8 (04/04/02) ORIGINAL ('9 . ; Made and entered into on this, the __ ..,2.._,3=-==-.... r---'\=------day ~his 1ndentnrt, of~~~""'-"'~,=~--·-· __ .\. D. 19....lL, b y and between WI LLI AM E . FOR D and wife , B REN DA R A YE FORD of ------"B~r=a =-zo'"'s"---------County, Texas, hereinafter called part i cs of the first part, and J · B · H e rvey Trustee hercina!ter ciilled party o( the second part, and Community Savings and Loan Association, a Corpora- tion with principal place of business in College Station, Brazos County, Texas,.herei naftercalled party of the thi<~ part WiffiCS.SCth: That said p~ of the first part, for and in consideration of the sum of TEN DOLLARS, in hand paid by the party d the se cond part, and the securing of the debt hereinafter men· tioned, have Granted, Bargained, Sold and Conveyed, and by these presents do Grant, Bargain, Sell and Convey, unto the said party of the second part as Trustee, and to bis successor or successors in this trust, the real estate situated inBrazos County, Texas and being Lot Nineteen (19), Block One (1), SOUTHLAND ADDITION, an addition to the City of College Station, Texas, according to plat of said addition recorded in Volume 134, page 423, Deed Records Brazos County, Texas, and being further described as 129 Southland, College Station, Texas. ·: tl 0 2? FILED At .J O'cloclf-M Do tc Re co rd ed_....;;so.._-_'1-.:...---...... 2"""3---"-- MAY 3 1973 FRANK BORISKIE ~u~c '%'.'11 ~orn•r. B•r•n. ru11 Y~--._)..s)u) Oebuly TO HA VE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto belonging or in anywise appertaining unto the said party of the second part, and to bU successor or successors in this trust forever. . This conveyance is intended as a trust to better secure the party of the third part in the payment of a certain promissory note for ,_,...6.L. o"'o""'o"".'-'o..,o.__ ______________________ _ executed by -""W..;..;;..;il""'li_a""'m-.-E""'.'-"-F..;;o"'"r..;;;;d;....;a~n~d=-'w;.;....;.;if;.;;;e""',""B~r..;;e;.;n..;;d""a;..;R;;.;;.;;;a ... y.-e_F'""'o""r'""'d-... __________ _ and payable to the order of party of the third part, which said note is dated Y 'J_ ~ l; __ ;, and payable in accordance with the terms and inter~t rate as stipulated in said note. In addition to installments :u provided in S3id note, Grnntor(s) agrce(s) to pay additional installm en ts equ iv· alcnt to one-twcllth (1/12) of the total amount of annual taxes ass e~sed against the property sec.'Uring this Deed of Trust and the annual premiums on insurance covering improvements thereon, in such amounts as required by the holder of said note, which snid additional installments sh:i.ll be paid to and 11pplied by such holder toward the discharge of said taxes and insurance premiums as same become due. In case of default in the p ayment of such installments the bolder of said note may declare same due and payable . All payments for the purpose of discharging taxes and insurance not applied thereto by the holder may be credited against principal and interest owing on the deb t hereby secured. All improvements now in , on , or herea fter placed in or on the above descr ibed property, such as garages, out-hous es, ch ick en hous es. fences , add itional rooms or porches , ceme nt or £lag-stone walks or steps, shrub be ry, trees, water beaters , plumbmg and plumbing futures, wall heaters, window shades, vene tian blinds, attic fans, central heating, cooling c;r ventilating systems, are considered under this instrument as a part of the realty to which the lien herein granted does attach, and they are not to be removed without the written consent of the ~oldc:r of the note secured hereoy. The Grantor(s) agree(s) to permit no waste and to keep all improvemCI1ts ~1r•in g0od ·repa1r •and tatdo DOthfng to said ·'premiselttbat ·mlght'"fn ·any mannerd mpair ··or. wettea"'tbe security ·. ){!"ant ed in this ins trum ent. (. i ' ~ I Thi s Deed of T ru st i s in re n ewal a n d exte n s i on of a V e ndor's Li e n ret ain e d in a d eed of even date from J ames E. J et t to William E. Ford a nd w ife , Bre nda R aye Ford. p~ of the first p;irt agree(s) to keep improv~ments on the above described pro~ insured .against fire tornado and hail damag e in such amounts as reqUlfed by the hold er of the above descnbed note lll such codip:inies acceptable to said hold <"r ·~th loss .payab le to hold e ~ of said note,. and to pay taxi:s prom~y as they bcrome due 011 said propert) ..... , c!11 descnbed., .;...;;d upon failure to pay said taxes or pre.IDiums for msur· ance as herein agreed, the bolder of said note and li en may advance the paym en t of same adding such amounts to the debt hereby secured, and the holder of said debt and lien shall be subrogated to the rights of the holder(s) of said debts and shall be secured by this deed of trust lien as a part of the debt evidenced by the above described note. Upon default in the payment of any installment covered b>: ~hove des<;ri?ed note and lien or upon failure to pay insurance premiums or taxes or to keep any of the conditions of. this mstrument and the note secur~d hereby, the above named trustee, his successor or sucessors, shall be entitled at the request of the holder of said note to tV-.;, possession of the above described premises, the rent. income, and profits therefrom and to use the proceeds for ·the maintenance and repairs of said property, the payment of insurance premiums and taxes, and for any other pury>ases which may be n~ary. to preserve the li_en h~rein gi:anted. By talcing posses5!on under this clause of this agreement such action shall not ~spend or rm~ the nghts o~ the holder of said n~t~ to authorize and proceed to have sold the above descnbed property m accordaiice with the terms and proVlS.ions herein contained. Now, therefore, if the said part..ies._ of the first part shall promptly pay the installments of principal and interest on said note..____, and otherwise comply with all the terms and conditions of said note__ and this instrument, then this instrument shall be null and void, and shall be released at the cost of the ~ of the first part, otherwise to remain in full force and effect. If the said part i es of the first part shall make default in the payment of any sum or sums hereby secured, or otherwise fail to perform any of the conditions or provisions of this instrument, then the debt hereby secured shall, at the option of the party of the third part, or other holder of the debt herebf secured, to be exercis ed at any time after said default, at once become due and payable and the said party o the second part and his successor or successors in this trust is hereby authorized, and it is made his special duty, at the request of the party of the third part, or other holder of said note____, to sell the above described property and prem· ises to the highest bidder, for cash, at the Court House door in the County where said premises are situated., at public vendue on the first Tuesday in any month, between the hours of 10 o'clock A. M. and 4 o'clock P. M., after giving public notice of the time, place and terms of sale and the property to be sold, as required under the laws of the Sta ' ~ of Texas, by posting written notices, one at the Court House door of said County, and two others in separate public places in said County, for the length of time and in the manner required by law, and to mal:e to the purchaser or purchasers, a deed or deeds to the premises so sold in their names or in the Trus· tee's name, or both, with absolute covenants of warranty, and to receive the proceeds of said sale and apply them as follows : First, to the payment of the costs and expenses of executing this trust. including 10 per cent Trustee's fee, which fee shall cover cost of advertising and conveying and counsel fee, as well as compensation: and next, to the payment of all sums of money due for taxes, insurance or other charges that may have been advanced under the terms of said note_ and this instrument, together with the interest thereon; and next, to the payment of interest and principal due on said note , and to hold the remainder, if any, subject to the order of the parties of the first part. The holder of the said note_., being the highest bidder, may become the purchaser at any sale hereunder. In the event of the refusal or inability of the party of the second part to act as Trustee herein, the party of the third part, or the legal holder of the not hereby secured, shall have full power to appoint a sub- stitute Trustee, in writing, who shall have the same power and duties as are hereby delegated to said party of the second part; and, in the event that the substitute so named shall become disqualified, or for any reason shall fail to act, then power of substitution shall likewise survive, as hereinbefore provided, to the end that there shall always be a Trustee ready to execute this trust, and this power of substitutiou shall be construed to mean that in the event that the said party of the second ~. or any substitute appointed hereunder, shall advertise the property for sale hereunder and shall become disqualified or refuse to act after such advertisement and before sale, then that the substitute so appointed shall lie authorized to proceed to make the said sale under the advertisement made by his predecessor. It is agreed and stipulated that in case of any sale hereunder, all prerequisites to a valid sal e fr i'~ ''..: pre · sumed to have been performed, and that, in any conveyance given hereunder, either by th e T 1 ·~c i n named or by any substitute Trustee, all statements of fact. or other recitals therein made as to Jay · ment of the money secured, or as to the request of the Trustee, or substitute Trustee, to enf or ce ,, . ;,~:. or as to the pr~P:Cr and due appointment of any substitute Trustee or as to the posting of noti ces of s:tlc, or as to the a.dverlismg of the ~ale, or as to the time, place or manner of sale, or as to any othe r fa ct or thin g, done or requued to be ~?oe either ~y the Trustee or any substitute Trustee or by the payee or any holder of said note as a prerequisite to a v~lid sale, shall be talcen in all courts of law and equity as prima facio evidence that the facts so stated or recited are true; but failure of the Trustee or substitute Trustee to recite in such co~veyan.~ the performance. of any fact or act prerequisite to a valid sale shall in no wise impair the pnma fac1e validity of the sale evidenced by such conveyance or render such conveyance inadmissible u evidence both of the sale and validity thereof. It is agreed tbat in the event ~£ the foreclosure and sale of the premises hereby conveyed in trust by the above named Trustee~ or any substitute Trustee, where such sale is made for the purpose of satisfying the balance due on the indebtedness hereby secured, the purchaser at such Trustee's sale shall be entitloo to immediate possession of said premises, and the Grantor(s) herein, their heirs, assigns or tenants in said prop- beerty shall be construed to be teoan~ at will of such purchaser and an action of forcible entry and detainer on ha1£ of sue~ purchaser at Trustees sale against the parties in possession of said premises will lie. b The part..k§_ of the first part hereby agree_ to pay and here authorize the Trustee to b,Y for additional a stracts and certified copies oH'M.CAru .~~nvem t · -..i.nE 1tbo debt ed .1 ... 1..t ''-.r.. . · ,,.,foreclosing 'safd lien'"Oi'1D di$posl;;'i0f~d 'Iie¥1 or" ;6~~f,,·~~ .... aecur ,,..-,-,,or ....... ._ .. ,,.,,_,, . I l : 1 l 1. ' ~ I I I .. IN WITNESS WHEREOF. the part_i_e s ___ of the first part h.,_v;..;e"-------hereunto subscribed _t_h_e ... i-..r ___ _...name~ OD the day and date first above written. · t~JL?ai Brenda Raye Ford TllE STATE OF TEXAS l r.ouNTY oF Brazos ) BEFORE ME. the undersigned authority, a Notary Public in and for County, Texas, on this day personally appeared Bre nda Raye Ford William E. Ford and wife, ------------------------known to me to be the person.a.__ whoso nami:.is • .$µ,bscribed to the foregoing instrument. and acknowledged to me that he executed the same for the ,ptfromos •il.Jl'd .• consideratioo therein expressed . _,. ~ \>\iULI«.,-·· . . . ~~··:·:·c;~~··ilo.~··~y hand and seal of office, this z :)... day of c~· i911_ . ":' 1 ~-'/'; . ~:~ t< : r-> (""'"\ : r?: ,.i ' ~.-~ :~:: ~ ~ '--_..--==,..Y.,.,..&."""''"'""""-="':----::-=-f'__,~~~~c;;_----·-~ -f i . f Notary Public in and for B azos County. Texaa ·· .. ''. ·.. .~{ ..... ~ ~ ··.. . ... ·· '\. .. ••••••••• 'f ~ .... • '•... •\: .. , .J · ········ .. .•' THE STATE OF TEXASl CouNTY o.-) BEFORE ME, the undersigned authority, a Notary Public in and for County. Texas. on this day personally appeared and---------------------. wife of said------------- -----------------------. known to me to be the persons whose names are subscribed to the foregoing instrument. and aclc:nowledged to me that they executed the same for the purposes and consideration therein expressed. And the said --------------------- wife of said h 1 • 'l e e n examined by me privily and apart from her husband, and having the same fully explained to h er , . .ii d -----------------------acknowledged such instrument t o , ·: a d and deed, and declared that she had willingly signed the same for the purposes and consid eru tion the rein expressed, and that she did not wish to retract it. Gi ven under my hand and seal of office, this -----day of----------19- Notary Public in and for ~ounty, Texaa I I t_ .. ; ':, l · I (.·· ' ' !\·. .. ~ .. ::.~.~.!.:-=.~::: .. ':' .. ~:: .. ~ .. :~ .. ;.::.~ ... ":.~.::.!'".:= .. ~.~::.:: .. ':'.~.':.~~~-~::.7.!:io ':' .. =: .. :-.:: .. -:upuan1 \ \P..l~-"-"-"' .... w .v ........................................... , ............. _ ............ u .............. . . . hP.r.~.L~}, .. J .9-1.~ ................... , executed by ... W.HH.~m.E;.! ... f.9.r_g _:~.~4 .. ~.~f~, .... ~.r.~.~~-~--~-~Y.7. .. ~~E~ .. ,.~~---· . • $.f'm .. .A •.. .F.ox.d., .. S.J:.., ................. ~ ............................... ., ........ : ...........................................•......... , .......... :., ....................... , payable to the order of ..... Ja.n:ut.e .. E .•... J .o:tt ........... : .................................................. : .................. : ................................. , more fully described in a ... '. ....... R.!·'HHU~J .JX.YltL .......................................... , duly recorded in Vol. .. J..~-~-.......... , page ..... Jt?JL. ....... of the ........... .P~.~9 .. 9.LI~.IJ~.L ........ Records of .............. ~.r.~~~-~---················ County, Texas; s~id note being secured by ....... ~.~t~ .. P.~-~-9 .. !:>LIE~.E?.t .H~!?: ................................................................................. ~ .... ,. Said lien being subsequently transferred to Sam A. Ford, Sr., College Station, Texas, in a 'l;'ransfer of Lien executed by James E, Jett, dated i\pril q, 1979, and recorded in · Volume , page of the Deed Records of Brazqs County,. Texas, said· lien beiqg against the following qe.,cri'Qeq property, to .. wit; I Lot Nineteef\ (19), Block One (1 ), SOUTHLAND ADDITION, an addition to the City of College St~tion, Texas, according to plat of said addition recorded in Volume 134, page 423, Deed Records, Brazos County, Texas, and being further d~scribed as 129 Southland, College Station, Texas. ' ' . '. ' .. 1 •,·• '· ' .. '·''• ',. ., .' '' '1 ~.i ·'. :, \1 • •'' .. 4' r ~ , • • , . :~ .· ' ' " Ju [\\ 1 9 197 9 l···, 1 (' 'J •lr. ')' . , ) I) '-I) .'"' . ' \ for and in consideration · of th~ f~ll and final payment of a11 indebtedness secured by the aforesaid lien or liens, the receipt of which is hereby acknowledged, has released and discharged, and by these presents hereby releases . ' and discharges, the above described property from all liens held l>y the undersigned securing said indebtedness. '· '~ •, , I ., r • ,. 1 1 I ~ '.'',•t ~ ·"~/ ,. .. ~ . \ ~ : -~ ~ ·:·';·,! .. : t ... ~ ·. I / ~~ f ': , • ' '·~~-~~~IJTE,~ .ihi• : ... ,.l.9fu.:, ........ day of ............. J.J>11~ ....... ..,~ .. -;D·1:; ~ · · L. .......................................................................................... . SAM A. FORD, SR. ................................................................................................................................ I • ('' ' -... ·····--,.,-. --·--·····----------·-... ' of the County of . Brazos and State of Texas for . and in consideration of the sum of TEN AND N0/100 ---·----($10. 00) -----------DOLLARS and other valuable consideration to the undersigned ·paid by the grantees herein nan1ed, the receipt of which is hereby acknowledged, and the further consideration.1§1t that Grantees hereby assume and promise to pay, according to the terms thereof, all principal and interest now remaining unpaid on that one c;ertain promissory note in the original prtnclpal sum of Si,x Thousand and no/100 Dollars ($6, 000. 00), dated April 23, 1973, executed by William E. Ford and wife, Brenda Raye Ford and payable to the order of Community Savings and Loan Association, College Station, Texas, and SF.'cured by a Deed of Trust of even date there- with, recorded tn Volume 168, page 823, Deed of Trust Records of Brazos County, Texas, upon which note there now remains unpaid the principal sum ot Four Tho~sand Nine Hundred Eighty-Seven & 57/100 ($4, 987. 57), and Grantees hereby assume and promise to keep and perform all of the covenants aad obligations of the Gran tor named in sa id Deed of Trust. ;F. 1~ L E D7Jt At-JLi;£-.O 'cloct~il JUN 1q1979 Dt\TE REconnm:R --~ -15 the payment of which note is secured by the vendor's lien herein .retained, and is additionally secured by a deed of to secure assumption · trust/of even date herewith to Pat Mfl.rtin -Trustee, have GRANTED SOLD AND CONVEYED, and by these presents ' do GRANT, SELL AND CONVEY unto . , . . ,· -·-------"!.RAYMOND c. MONROE and wife, WILMA JEAN MONROE ---------------. . of the County of Brazos and State of Texas , all of the following described real property in Brazos County, Texas, to-wit: ' Lot Nineteen ( 19), Block One (1), SOUTHLAND ADDITION,· an addition to the City of College Station, T 'exas, according to plat of said addition recorded in Volume 134, page 423, Deed Records of Brazos County~ Texas, and being further described as 129 Southland, College Station, Texas. -·-·-...J----·-···-·-----·-.. -.. ·---~-·---·--·,.-······ ··-:·----------;---·~""r-:_-----,-·----~----r· -~---·---.... : ··-----· --------·-·---·-·--·---·--.. J ---.> ~- WARRANTY DEED f ~ -~ f ::~ DATE: January 21, 1997 GRANTO R : RAYMOND C. HONROE GRANTOR 1 G HAILING ADDRESS: -I . and wife I WILMA JEAN MrNRF\ 2325 Quail Ru n, College Station, County, Texas 77845 GRANTEE: FRANK MitlOR and wife, BARBARA MINOR _, ·°:) ~ Brazos GRANTEE'S MAILING ADDRESS: 129 Southland, College Station, Brazos County, Texas 77840 COllSIDERATIOll: TEN AND N0/100 DOLLARS ( $10. 00) and other valuable cons~deration, including payment by Grantee of all back taxes now due and CNing on the property conveyed herein. PROPERTY (INCLUDING hNY IMPROVEMENTS) : Lot Nineteen ( 19) , Block One ( 1) , SOUTHLAND ADDITION, an addition to the City of College station, Texas, according to rlat of said addition recorded in Volume 134, Page 423, Deed Records of Brazos County, Texas, and being further described as 129 Southland, College Station, Texas. ' RESERVATIONS FROM AND EXCEPTIONS TO CO!IVEYA!ICE AND WARRANTY: Any and all restrictions, covenants, conditions, easements, reservations, and minerals leases, relating to the hereinabove described property, as shown of record in the office of the County Brazos. SAVE AND EXCEPT and there is hereb y reserved unto Grantors, their heirs, and assigns, all of the oil, gas and other minerals in and under and that may be produced from the above property, toqether with the right of mining, drilling, exploring, developing said land for oil, gas and other minerals and removing the same therefrom. Granter, for the consideration and subject to the reservations from and exceptions to co nveyance and warranty, grants, sells, and conveys to Grantee the prop(>rty, tog ether with all and si~gular the rights and appurtenances thereto in any wisP. executors, admini Jtrators, su cc essors, r>r assign s forever. Grantor binds Granter and Gr antor 's heirs, exe c utors , administrators, and successors to w,1rra i1t ;rnd fore ve r defe n d all and singular the property to Granter'!> lie i rs, E>xecut o rs, iHlministrators, successors, and assigns again s t every person whomso e v er lawfully claiming or to claim the same or any part thereof, ex c ept as to the reservations from and except ions to conveyan c e an r! warranty. When the context rc 1u ircs , singular n ou ns and pronouns include the plural. THE STA TE OF TEXA S COt:llTY OF BN\:o s This May, ,, N.-..,._,y .... '"'t~ c ~--~~~ ·---- p,\'d·!O ?:!) C. HO!lROE \,1__· d :. ,.., .._, '\; ~~.:_ __l}j_{hV-~-------- 1·:: Ll!A .J r:A 5J MO!IROE THE STATE OF TE .:AS COUNTY OF BRAZOS This instrument was acknowledged Mily, 1997. by WILl1A JEAN MONROE. Mer fieco~lng Return To Mlch11I I . Calllham 102 E. 26111 St . Bryan. Taus 771G3 § § § befo:~-~~day of ~----- Not~ry Public, State of Texas MICHAEL I. CAWHAM llf)r 1r '""'IC lemofTtm "'" . .... ~IWloft Eliplr'9 • 29 1908 TO: FROM: SUBJECT: DATE: CITY OF COLLEGE STATION MEMORANDUM Kristan Weaver, Greenways Program Manager Brenda Godfrey, Legal Assistant Southland Greenways Project -Purchase of Lot 19 , Block 1, Southland Addition from Frank and Barbara Minor May 19, 2005 Attached for your file are copies of the following: 1. General Warranty Deed dated March 10, 2005 from Frank and Barbara Minor to the City of College Station, Texas, recorded in Volume 6558, Page 137 , of the Official Records of Brazos County, Texas. Please note the City purchased the subject property for a sales price of $22,612.50 plus closing costs for a total cost of $22,693 .4 7. If you have any questions, please call Brenda Legal Department P.O. BOX 9960 • 110 1 TEXAS AVENUE COLLEGE STATION •TEXAS · 77842 TEL. 979.764.3507 ' FAX. 979.764-348 1 www.cstx.gov BILL & Rf TI ~,,, -~ ~~p r l 41 <?<68' ~\l;PA NY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUM ENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Doc Bk Vol p 00884583 OR 6558 137g GENERAL WARRANTY DEED DATE: Marc h 10, 2 005 GRANTOR: FRANK MINOR AND BARBARA MINOR GRANTOR'S MAILING ADDRESS: (including county): 129 Southland Brazos County College Station, Texas 77840 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: (including county): 1101 Texas Avenue Brazos County College Station, TX 77840 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration PROPERTY: (including any improvements): Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Nineteen ( 19), Block One ( 1 ), SOUTHLAND ADDITION, an addition to the City of College Station , according to plat recorded in Volume 134 , Page 423, of the Deed records of Brazos County, Texas. Page 1 Bg/Jega l. .. group( o )/p rojects/southland greenwa y/minor/de ed.doc f'\ t '"'" l ,..,f\f'\C Doc Bk Vol Pg 00884583 OR 6558 138 RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. Mineral reservation in Deed from Raymond C. Monroe, et ux to Frank Minor, et ux, dated January 21, 1997 , recorded in Volume 2844, Page 291, Official Records , Brazos County, Texas . 2. Estate created by Memorandum of Oil and Gas Lease from Raymond C. Monroe, to Chaparral Minerals, Inc ., dated February 7, 1984 , recorded in Volume 680 , Page 207, Official Records , Brazos County, Texas . GRANTOR, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANTS, SELLS and CONVEYS to GRANTEE the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to GRANTEE, Grantee's successors and assigns forever. GRANTOR binds GRANTOR and Grantor's heirs , executors and administrators to warrant and forever defend all and singular the property to GRANTEE and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. THE STATE OF TEXAS COUNTY OF BRAZOS § § § FRANK MINOR BARBARA MINOR ACKNOWLEDGMENT This instrument was acknowledge before me on the \~ day of ~Qltb. , 2005, I by FRANK MINOR. -·.-~:,_--·,---:::;c .-::~• •· .··• '·' ~ 1'1 ·-·. . li ~~~~~ I e State of Texas , THE STATE OF TEXAS COUNTY OF BRAZOS § § § Doc Bk Vol p 00884583 OR 6558 139g ACKNOWLEDGMENT This instrument was acknowledge before me on the \D~ day of\'f\ONh, , 2005, \. by BARBARA MINOR. KATHY VIC Notary Pub r INt My Com~~~s7~~t~~Pf .Texas AUGUST 28 2 ires ' oos PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 ARY PUBLIC in and for the State of Texas AFfER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 Page 3 _,,,, "' Filed for Record in: llWIQUfTY On: Mar 11,2885 at 83:41P As a Recordings IK•tlt ...._... Alount WS8l 13.88 Receipt Nu1ber -262287 C th . R~y, yn 11 incon •Fm cmtF-1 ~ artify tw tllis iast1'llllt lllS filell • tile iktt • ti• Ra ... ., • • lllS *1, ncnd i• tM .. 1 •• ,.. If tllt -nctnls If: 111Z1S IDITY as sblped ller8I bf •· Mar 10,2005 Bg/legal. .. group( o )/projects/southland greenway/minor/deed.doc 01/20/2005 REAL ESTATE CONTRACT THIS CONTRACT OF SALE is made by and between FRANK MINOR and BARBARA MINOR, ("SELLER"), and the CITY OF COLLEGE STATION, TEXAS , a Texas Home Rule Municipal Corporation , situated in Brazos County, Texas ("BUYER"), upon the terms and conditions set forth herein. ARTICLE I PURCHASE AND SALE 1.1 SELLER agrees to sell and convey in fee simple by General Warranty Deed, and BUYER agrees to purchase and pay for all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Nineteen (19), Block One (1), SOUTHLAND ADDITION, an addition to the City of College Station, Texas , according to plat recorded in Volume 134, Page 423 , of the Deed Records of Brazos County, Texas ("PROPERTY"), 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 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 Manager of the City of College Station, Texas ; such approval indicated by signature of BUYER 's representatives to this CONTRACT OF SALE. 1.2 BUYER has requested BRAZOS COUNTY ABSTRACT COMP ANY 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 five (5) business days (the "Title Review Period") after receipt of the Title Commitment and the copies of the instruments referred to in Schedule B as exceptions 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 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 SELLER as provided herein , SELLER may at SELLER 's election , on or before closing, attempt to cure same. If SELLER fails 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 SELLER is able to convey or (b) terminate this Contract by written notice to the Title Company and to SELLER, in which case the Page 1 Contract No. ------ Bgl lega l ... g roup(o)/proj ec ts/southland g ree nwaylminor/rea l estate contract.do c 01 113 12005 earnest money shall be refunded to BUYER, and neither SELLER nor BUYER shall have any further rights or obligations under this Contract. 1.3 (a) The City of College Station, Texas, at its expense, will provide a survey of the PROPERTY, showing, without limitation, all adjacent property lines, record ownership of adjoining properties, encroachments, easements, rights-of-way and other encumbrances of record. The survey will reflect any encroachments onto or by the PROPERTY onto adjoining properties. BUYER shall have a period of five (5) business days (the "Survey Review Period") after receipt of the Survey within which to notify SELLER ofBUYER's objection to any item shown on or referenced on the Survey. Any Reviewable Matter to which BUYER does not object within the Survey Review Period shall be deemed to be accepted by BUYER. If BUYER objects to any such Reviewable Matter and gives notice to SELLER as provided herein, SELLER may at SELLER's election, on or before closing, attempt to cure same. If SELLER fails 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 SELLER is able to convey or (b) terminate this Contract by written notice to the Title Company and to SELLER, in which case any earnest money shall be refunded to BUYER, and neither SELLER nor BUYER shall have any further rights or obligations under this Contract. (b) The survey drawing shall be addressed to and certified in favor of the BUYER and the Title Company. The field notes description, as prepared by the surveyor, shall be substituted for the description attached to this Contract and shall be used in the General Warranty Deed. 1.4 BUYER may at its cost order a Level 1 Environmental Site Assessment. BUYER shall have a period of ten (10) business days after receipt of the Environmental Site Assessment to review the assessment and notify SELLER of BUYER's rejection of the PROPERTY. BUYER at its option may elect to provide SELLER with an opportunity to cure the environmental problem. If BUYER elects not to provide SELLER with an opportunity to cure or if SELLER ·fails to cure once BUYER provides that opportunity, this Contract shall be terminated and neither party will have any further liability. 1.5 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 subsequent 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. Page 2 Contract No . ------Bg/legal...group(o)lproj ec tslsouthland greenwaylminor/real estate contract.doc 01 113 120 05 1.6 The sale of the PROPERTY shall be made by a General Warranty Deed from SELLER to BUYER in the form prepared by BUYER attached hereto as Exhibit "B". ARTICLE II PURCHASE PRICE 2.1 The purchase price for said PROPERTY shall be the sum of TWENTY-TWO THOUSAND SIX HUNDRED TWELVE AND 50/100 DOLLARS ($22,612.50). The purchase price shall be payable in full at closing. ARTICLE III REPRESENTATIONS AND WARRANTIES OF SELLER 3.1 SELLER hereby represents and warrants to BUYER as follows: (a) SELLER has the full right , power, and authority to enter into and perform SELLER's obligations under this Contract. (b) 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. Additionally, SELLER has no actual knowledge of any action by adjacent landowners , or any natural or artificial conditions upon the PROPERTY, or any significant adverse fact or condition relating to the PROPERTY, which has not been disclosed in writing to BUYER by SELLER, which would prevent, limit, impede or render more costly BUYER's contemplated use of the PROPERTY. (c) SELLER has no actual knowledge of any pending or threatened condemnation or similar proceedings or assessment affecting the PROPERTY or any part thereof. SELLER has no actual knowledge of any such proceedings or assessments contemplated by any governmental entity. (d) SELLER has no actual knowledge that the PROPERTY does not have full and free access to and from public highways, streets, or roads. SELLER has no actual knowledge that there are pending or threatened governmental proceedings that would impair or result in the termination of such access. If SELLER obtains actual knowledge of any such matter subsequent to the date of this Contract that would make any of the representations or warranties untrue if made as of closing, SELLER shall notify BUYER, and BUYER shall have the election of terminating the Contract and receiving back its earnest money, in which case neither party shall have any further obligation to the other. (e) The PROPERTY has not been illegally subdivided or otherwise held, managed , or maintained in violation of any federal , state, or local law . Page 3 Contract No. ------ Bgllegal ... g roup (o)lproj ectslsouthland greenwayl minor!real esta te contract.do c 01 11312005 (f) SELLER has no actual knowledge that SELLER has not complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the PROPER TY or any part thereof. (g) If SELLER obtains actual knowledge of any such matter subsequent to the date of this Contract that would make any of the representations or warranties untrue if made as of closing, SELLER shall notify BUYER, and BUYER shall have the election of terminating the Contract and receiving back its earnest money, in which case neither party shall have any further obligation to the other. (h) SELLER has no knowledge that the PROPERTY contains any environmental hazard not shown on the environmental assessment provided by SELLER to BUYER. (i) SELLER is not a "foreign person" within the meaning of the Internal Revenue Code of 1986, as amended, Sections 1445 and 7701 (i.e ., SELLER is not a non-resident alien, a foreign corporation, foreign partnership, foreign trust or foreign estate as those terms are defined in the Code and regulations promulgated thereunder). (j) To the best of SELLER's knowledge there are no unpaid charges, debts, liabilities, claims or obligations arising from any construction, occupancy, ownership, use or operation of the PROPERTY, or the business operated thereon, if any, which could give rise to any mechanic's or materialmen's or other statutory lien against the PROPERTY, or any part thereof, or for which BUYER will be responsible. ARTICLEN REPRESENTATIONS AND WARRANTIES OF BUYER 4.1 BUYER represents and warrants to SELLER as of the effective date and as of the closing date that: (a) BUYER has the full right, power, and authority to purchase the PROPERTY from SELLER as provided in this Contract and to carry out BUYER's obligations under this Contract, and all requisite action necessary to authorize BUYER to enter into this Contract and to carry out BUYER's obligations hereunder has been obtained or on or before closing will have been taken . ARTICLE V CLOSING 5.1 The closing shall be held at BRAZOS COUNTY ABSTRACT COMP ANY, within forty- five ( 45) calendar days from the execution and tender of this Contract by BUYER, at such time and date as SELLER and BUYER may agree upon (the "closing date"). 5.2 At the closing, SELLER shall: Page4 Contract No . ------ Bgl legal ... group(o)lprojectsl southland greenwayl mino rlrea l esta te contract.doc 01 113 12005 (a) Deliver to BUYER the duly executed and acknowledged General Warranty Deed prepared by BUYER conveying good and marketable title in the PROPERTY, free and clear of any and all liens , encumbrances, except for the Reviewable Matters and subject to the BUYER 's election to terminate this Contract in the event BUYER disapproves of any Reviewable Matter, which objection is to be cured by SELLER on or prior to the closing as provided by Article I of this Contract. (b) Deliver possession of the PROPERTY to BUYER. (c) Deliver to BUYER, at SELLER 's expense , a Title Policy insuring indefeasible title issued by BRAZOS COUNTY ABSTRACT COMPANY , in BUYER's favor in the full amount of the purchase price , insuring BUYER 's fee simple interest in the PROPERTY subject only to such exceptions as shown on the Title Commitment and not objected to by BUYER prior to closing. ( d) Pay one-half (Yi ) of the escrow fees . (e) Pay any and all required property taxes and prorated taxes for the year 2005 . (f) Pay any and all homeowner 's or maintenance fees for prior years and for the current year prorated up to the date of closing. (g) Pay the costs to obtain , deliver and record releases or partial releases of all liens to be released at closing. (h) Pay the costs to record all documents to cure title objections agreed to be cured by SELLER. (i) Pay the certificates or reports of ad valorem taxes. (j) Pay the SELLER 's expenses and attorney fees. 5.3 Upon such performance by SELLER at closing , BUYER shall: (a) Pay the balance of the purchase price. (b) Pay one-half (Yi ) of the escrow fees. ( c) Prepare, at its cost, the General Warranty Deed document. ( d) Pay the costs to obtain, deliver and record all documents other than those to be recorded at SELLER 's expense. Page 5 Contract No . ------ Bg/legal ... g roup(o)/p rojects/southland g ree nway/minor/rea l es ta te contract.doc 0 111312005 (e) Pay the BUYER's expenses or attorney fees. (f) Pay the additional premium for the survey/boundary deletion in the title policy, if the deletion is requested by BUYER. (g) Pay the costs of work required by BUYER to have the survey reflect matters other than those required under this contract. ARTICLE VI SPECIAL CONDITIONS NONE ARTICLE VII BREACH BY SELLER 7.1 In the event SELLER fails to fully and timely perform any of SELLER 's obligations under this Contract or fails to consummate the sale of the PROPERTY for any reason except BUYER 's default, BUYER may: (a) Enforce specific performance of this agreement; (b) Bring suit for damages against SELLER; and/or (c) Terminate this contract and initiate condemnation proceedings . ARTICLE VIII BREACH BY BUYER 8.1 In the event BUYER fails to consummate the purchase of the PROPERTY (BUYER being in default and SELLER not being in default hereunder), SELLER shall have the right to bring suit against BUYER only for expectancy and incidental damages , if any. ARTICLE IX MISCELLANEOUS 9.1 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. Page 6 Contract No. _____ _ Bgl legal ... gro up(o)lprojects/southland greenwayl min orlrea l es ta te contract.doc 011131200 5 9.2 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 belo w: SELLER: BUYER: FRANK MINOR and BARBARA MINOR 129 Southland Street College Station, Texas 77840 City of College Station Legal Department 1101 Texas Avenue College Station, Texas 77840 9.3 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. 9.4 Parties Bound: This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs , executors , administrators , legal representatives , successors and assign s. The persons executing this Contract do so in their capacities as set forth belo w and in no other capacity whatsoever, and such persons shall have no personal liability for exe cuting this Contract in a representative capacity. All such liability is limited to the principal for which the y execute this document as a representative. 9.5 Invalid Provision: 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 unenforceable provision had never been contained in the Contract. In lieu of such illegal, invalid or unenforceable provision , there shall be added automatically as part of this Contract a provision as similar in terms to such illegal , invalid or unenforceable provision as may be possible and be legal , valid and enforceable. 9.6 Construction: The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguitie s are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. 9.7 Prior Agreements Superseded: This Contract embodies the entire agreement of the partie s and supersedes any and all prior understandings or written or oral agreements between the partie s respecting subject matter within and may only be amended or supplemented by an instrument in writing executed by the party against whom enforcement is sought. Page 7 Contract No. ------- Bg!legal ... g roup (o)/projectslsouthla nd greenwayl min orlrea l estat e co n tract.doc 01113 12005 9.8 Time of Essence : Time is of the essence to this Contract. 9.9 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 v ersa, unless the context requires otherwise. 9 .10 Multiple Counterparts: This Contract may be executed in a number of identical counterparts . If so executed, each of the counterparts shall , collectively, constitute but one agreement. In making proof of this Contract, it shall not be necessary to produce or account for more than one counterpart. 9 .11 Memorandum of Contract: Upon request of either party, both parties shall promptly execute a memorandum of this agreement suitable for filing of record. EXECUTED on this the ____ day of __________ , 2005. SELLER: FRANK MINOR Date : ~----------- BARBARA MINOR Date: ~----------- Contract No. ------- Page 8 BUYER: CITY OF COLLEGE STATION BY: ~-------------~ THOMAS E. BRYMER, City Manager JEFF KERSTEN, Finance and Strategic Planning Director Date: ------- City Attorney Date : ------- Bg/legal ... group(o)lprojectsl southla nd g reenway/mino r/real es tate co ntract.doc 0111312005 THE STATE OF TEXAS COUNTY OF BRAZOS § § § ACKNOWLEDGMENT This instrument was acknowledge before me on the __ day of _____ , 2005 , by FRANK MINOR and BARBARA MINOR THE STATE OF TEXAS COUNTY OF BRAZOS § § § NOTARY PUBLIC in and for the State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on the __ day of , 2005 , by RO N SILVIA , as Mayor of the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation, on behalf of said municipality. NOTARY PUBLIC in and for the State of Texas Page 9 Contract No . ------ Bgl lega l ... g roup (o)/projec ts!so uthlan d g ree nway/min orlrea l es tat e co ntract.doc 01 1131200 5 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED DATE: GRANTOR: FRANK MINOR AND BARBARA MINOR GRANTOR'S MAILING ADDRESS: (including county): 129 Southland Brazos County College Station , Texas 77840 GRANTEE: CITY OF COLLEGE ST A TION, TEXAS GRANTEE'S MAILING ADDRESS: (including county): 1101 Texas Avenue Brazos County College Station, TX 77840 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuab le consideration PROPERTY: (including any improvements): Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Nineteen (19), Block One (1), SOUTHLAND ADDITION , an addition to the City of College Station, according to plat recorded in Volume 134, Page 423, of the Deed records of Brazos County, Texas. Page 1 B g/legal. .. group( o )/projects/southland greenway/minor/deed.doc 01 /2 0/2005 EXHIBIT "A" RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. Mineral reservation in Deed from Raymond C. Monroe, et ux to Frank Minor, et ux , dated January 21, 1997, recorded in Volume 2844, Page 291, Official Records , Brazos County, Texas . 2. Estate created by Memorandum of Oil and Gas Lease from Raymond C. Monroe , to Chaparral Minerals, Inc., dated February 7, 1984, recorded in Volume 680, Page 207, Official Records, Brazos County, Texas. GRANTOR, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANTS , SELLS and CONVEYS to GRANTEE the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to GRANTEE, Grantee's successors and assigns forever. GRANTOR binds GRANTOR and Grantor's heirs, executors and administrators to warrant and forever defend all and singular the property to GRANTEE and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. DO NOT EXECUTE AT THIS TIME FRANK MINOR BARBARA MINOR Page 2 Bg/legal. .. gro up( o )/projects/southland greenway/minor/deed.doc 01/20/2005 EXHIBIT "A" THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledge before me on the __ day of _____ , 2005, by FRANK MINOR. NOTARY PUBLIC in and for the State of Texas THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledge before me on the __ day of , 2005 , ----- by BARBARA MINOR. PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station , Texas 77842-9960 NOTARY PUBLIC in and for the State of Texas Page 3 AFTER RECORDING, RETURN TO: City of College Station Legal Department P .O . Box 9960 College Station, TX 77842-9960 B g/legal. .. group( o )/projects/southland greenway/minor/deed.doc 01 /2 0/2005 EXHIBIT "A" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM TIDS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED DATE: GRANTOR: FRANK MINOR AND BARBARA MINOR GRANTOR'S MAILING ADDRESS: (including county): 129 Southland Brazos County College Station, Texas 77840 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: (including county): 1101 Texas Avenue Brazos County College Station, TX 77840 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration PROPERTY: (including any improvements): Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Nineteen (19), Block One (1), SOUTHLAND ADDITION, an addition to the City of College Station, according to plat recorded in Volume 134, Page 423, of the Deed records of Brazos County, Texas. Pa ge 1 Bg/legal. .. group( o )/projects/southland greenway/minor/deed .doc 01120 /2005 EXHIBIT "A" RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. Mineral reservation in Deed from Raymond C. Monroe, et ux to Frank Minor, et ux , dated January 21, 1997, recorded in Volume 2844, Page 291, Official Records, Brazos County, Texas. 2. Estate created by Memorandum of Oil and Gas Lease from Raymond C. Monroe, to Chaparral Minerals, Inc., dated February 7, 1984, recorded in Volume 680, Page 207, Official Records, Brazos County, Texas . GRANTOR, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANTS, SELLS and CONVEYS to GRANTEE the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to GRANTEE, Grantee's successors and assigns forever. GRANTOR binds GRANTOR and Grantor's heirs, executors and administrators to warrant and forever defend all and singular the property to GRANTEE and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. DO NOT EXECUTE AT THIS TIME FRANK MINOR BARBARA MINOR Pa ge2 Bg/legal ... gro up ( o )/projects/southland greenway/minor/deed.doc 01 /20/2005 EXHIBIT "A" THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledge before me on the __ day of _____ , 2005, by FRANK MINOR. NOTARY PUBLIC in and for the State of Texas THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledge before me on the __ day of _____ .• 2005 , by BARBARA MINOR. PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 NOTARY PUBLIC in and for the State of Texas Page 3 AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 Bg/legal. .. group( o )/projects/southland greenway/minor/deed.doc 01 /20/2005 EXHIBIT "A" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED DATE: GRANTOR: FRANK MINOR AND BARBARA MINOR GRANTOR'S MAILING ADDRESS: (including county): 129 Southland Brazos County College Station , Texas 77840 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: (including county): 1101 Texas Avenue Brazos County College Station, TX 77840 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration PROPERTY: (including any improvements): Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Nineteen (19), Block One (1), SOUTHLAND ADDITION, an addition to the City of College Station, according to plat recorded in Volume 134, Page 423, of the Deed records of Brazos County, Texas . Page 1 Bg/legal. .. group( o )/projects/southland greenway/minor/deed.doc 01/20/2005 EXHIBIT "A" RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. Mineral reservation in Deed from Raymond C. Monroe, et ux to Frank Minor, et ux , dated January 21, 1997, recorded in Volume 2844, Page 291, Official Records, Brazos County, Texas . 2. Estate created by Memorandum of Oil and Gas Lease from Raymond C . Monroe , to Chaparral Minerals, Inc., dated February 7, 1984, recorded in Volume 680, Page 207, Official Records , Brazos County, Texas . GRANTOR, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANTS, SELLS and CONVEYS to GRANTEE the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to GRANTEE, Grantee's successors and assigns forever. GRANTOR binds GRANTOR and Grantor's heirs, executors and administrators to warrant and forever defend all and singular the property to GRANTEE and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. DO NOT EXECUTE AT THIS TIME FRANK MINOR BARBARA MINOR Pa ge2 Bg/legal. .. group( o )/projects/s outhland greenway/minor/deed.doc 01/20 /200 5 EXHIBIT "A" THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledge before me on the __ day of _____ , 2005, by FRANK MINOR. NOTARY PUBLIC in and for the State of Texas THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledge before me on the __ day of , 2005, ----- by BARBARA MINOR. PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 NOTARY PUBLIC in and for the State of Texas Page 3 AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 Bg/legal ... group( o )/projects/southland greenway/minor/deed.doc 01 /20 /2005 EXHIBIT "A"