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HomeMy WebLinkAbout10-24-24-7.3 - Resolution - 10/24/2024RESOLUTION NO. 10-24-24-7.3 A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING JAMES S. REDMAN'S PETITION FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF COLLEGE STATION AND DENYING THE CITY'S CONSENT TO THE REDUCTION OF THE CITY'S EXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 27, 2024, James S. Redman ("Petitioner") submitted a petition attached as Exhibit "A" ("Petition") for releasing property from the City of College Station's extraterritorial jurisdiction ("ETJ"); and WHEREAS, the property sought to be released are three tracts located in the approximate area of I&G Road and Koppe Bridge Road and described by metes and bounds in Exhibit "A"; and WHEREAS, pursuant to Texas Local Government Code Section 42.023, the City's ETJ may only be reduced if the City Council has exercised its legislative authority consenting to reducing the City's ETJ by ordinance or resolution; and WHEREAS, pursuant to Texas Constitution, Article II, Section 1, landowners may not be delegated legislative authority to remove their property from the City's ETJ without the City Council's consent by ordinance or resolution; and WHEREAS, Texas Local Government Code Chapter 42 Subchapter D. (SB 2038) is an unconstitutional delegation of the City's legislative authority and conflicts with the City's grant of legislative discretion under Local Government Code Section 42.023; and WHEREAS, it is in the best interest of the City to deny the Petition and the removal of the Property from the City's ETJ, and to any reduction in size of the City's ETJ; and deny any action under Texas Local Government Code Chapter 42 Subchapter D. (SB 2038); now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: The above recitals are adopted as findings of the City Council. PART 2: The Petition for Release of the Property in Exhibit "A" from the City's ETJ is denied and the Property remains in the City's ETJ. PART 3: The City denies any written consent by ordinance or resolution or action under Texas Local Government Code Chapter 42 Subchapter D. (SB 2038) to remove the Property from the City's ETJ and any reduction in size of the City's ETJ. PART 4: That this resolution shall become effective immediately after passage and approval. Resolution No. 10-24-24-7.3 ADOPTED this 24t" day of October 2024. ATTEST: City Secretary APPROVED: (1"/6-x City Attorney APPROVED: Page 2 of 3 Resolution No. 10-24-24-7.3 Page 3 of 3 EXHIBIT A Tract One: Approximately 44.22 Acre Tract, James Hope League Survey, Abstract 22, Andrew McMahon Survey, Abstract 167, Brazos County, Texas Tract Two: Approximately 35.13 Acre Tract, James Hope League Survey, Abstract 22, Brazos County, Texas Tract Three: Approximately 17.64 Acre Tract, James Hope League Survey, Abstract 22, Brazos County, Texas RECEIVED SEP 2 7 2024 PETITION FOR RELEASE FROM THE CITY OF COLLEGE STATION EXTRATERRITORIAL JURISDICTION Petitioner, James S. Redman files this Petition for Release from the City of College Station (the "Petition"), as authorized by Texas Local Government Code § 42.101 et seq., and would show the following: 1. Petitioner, as sole holder of title to land in the area described in the Petition, satisfies the minimum requirements of Texas Local Government Code (LGC) § 42.104(a). 2. As required by LGC § 42.104(d)(1), Petitioner owns and seeks removal of the following three (3) tracts of land (collectively the "Property") from the extraterritorial jurisdiction, each being identified on the map attached to this Petition as Exhibit "A," and described by metes and bounds: Property Address: 14933 Redman Ln College Station, TX 77845 Brazos CAD Parcel ID: 11662 Metes and Bounds attached as Exhibit "B" 14727 Redman Ln College Station, TX 77845 Brazos Parcel ID: 11672 Metes and Bounds attached as Exhibit "C" 14788 Redman Ln College Station, TX 77845 Brazos Parcel ID: 11671 Metes and Bounds attached as Exhibit "D" THEREFORE, having satisfied all requirements of Chapter 42 of the Texas Local Government Code, Petitioner seeks immediate release from the City of College Station Extraterritorial Jurisdiction, and requests that an agenda item be placed on the next regular meeting of the City Council of College Station to approve the Petition. Sey id.le L — 2 7 Submitted of , 2024. Verified on , 2024: Petiti q12 7/Z4- James S. Redman DOB 9/26/1956 13615 Still Bay Houston, TX 77077 City Secretary EXHIBIT "A" — Map of property EXHIBIT "B" — Parcel ID: 11662 Metes and Bounds FIELD NOTES DESCRIPTION OF A 4422 ACRE TRACT LAMES HOPE LEAGUE SURVEY, ABSTRACT 22 ANDREW MCMAHON SURVEY, ABSTRACT 167 BRAZOS COUNTY, TEXAS 4422 ACRES A FIELD NOTES DESCRIPTION Of 44.22 ACRES 1N THE LAMES HOPE LEAGUE SURVEY, ABSTRACT 22, AND THE ANDREW MCMAHON SURVEY, ABSTRACTS?, 01 BRAZOS COUNTY, TEXAS, BEING THE REMAINDER 05 A rat'' 0 45.63 ACRE TRACT OF LAND DESCRIBED IN A DEED TD THE LAMES S. REDMAN AMD PATRICIA M. REDMAN, RECORDED IN VOLUME 2176, PAGE 304 OF THE OFFICIAL RECORDS Of BRAZOS COUNTY, TEXAS (OR8CT); SAID 4422 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUN OS AS FOLLOWS: BE61NNBi6 at an 8 inch treated fence post found at the intersection ar the southwest line of I & GH Road 1100' wide right-of- way per 16 GH railroad ►ight of -way map) and the northwest line of Koppe Bride Road Iright-of way appears to be prescriptive in nature), for the east comer of said 45.63 acres and the east comer hereof, THEM I, along the northwest lure of Koppe Badge Roan and with the southeast line of said 45 63 acres, 5 41' 35' 14' W. for 3 distance of 476.89 feet to a 112 arch iron rod with a blue plash( cap stamped "KERR SURVEYING" set for the east corner of a 1 498 acre tract of land, also surveyed on this date, being a portion of said 44 63 acres and a southerly corner hereof. THENCE, with the common line of said 1498 acres and said 45 6? acres. N 47' Of TT W, for a distance of 258.43 feet to a 112 rrvh iron rod with a blue plastic cap stamped 'KERR SURVEYING" set for the north corner of said 149e acres and being an interior ell corner hereof. THENCE, with the common line at said 1.498 acres, said 45 S3 acres and a called 2.00 acre tract of land descnbed in a deed to Curtis Breedlove, rerorded in Volume 1384, Page 348 (ORBCT), 5 43' OZ s1' W, passing at a distance of 249.83 feet a 1/2 inch iron rod found bent for the west corner of said 1.498 acres and the north caner of said 2 00 acres and continuing fa a tntal distance of 465.86 feet to a 112 inch iron rod with a blue plastic cap stamped "KERR SURVEYING' set for the west corm of said 2.00 acres, 'HENCE, with the common arse of said 2 00 acres and said 45 63 acres, S 06' S2' 21' E for a distance at 34829 feet to a 1/2 inch iron rod with a blue plastic cap stamped "KERR SURVEYING' set in the northwest l' re of Koppe Bridge Road, for the south comer of said 2 00 acres; THENCE along the northwest line of Koppe Bridge Road and with the southeast line o1 said 4ti 63 acres 5 42' 4T NT W. for a distance of 4626 feet to a 112 inch wait rod with a blue plastic cap stamped "KERR SURVEYING" set for the east corner of a called Midge 23-150 M68 44.22AC.daa EXHIBIT "B" - cont 44.22 ACRES 9.07 acre tract of land described in a deed to Aggie Fiji, Inc. recorded in Volume 6528, Page 154 of the 0ffa:ral Public Records of Brazos ( nunty Texas (OPRBCT) and being a southerly comer of said 45.63 acres and a southerly corner hereof; THENCE, with he common lines at said 45.63 aces and said 9.01 dr res for the following four 14) courses and distances: 1) N 06' 52' 21' W. for a distance of 348.68 feet to a lt2 inch iron rad with a blue plastic cap stamped "KERR SURVEYING" set; 2) M 40' 36' sr W, for a distance of 10551 feet to a lt2 inch iron rod found, 3) M 47° 36' 24" W, for a distance of 255.114 feet to a 5/8 inch iron rod found for the north Borne of said 9 07 acres and being an interior ell corner of said 45.63 acres and an interior ell corner hereof; 4) S 42' 57' 12' W, far a distance of 477.71 feet to a 1R inch iron rod with a blue plastic cap stamped'KERR SURVEYING" set tor the west corner of Said 9.07 acres and being a northeasterly comer of a called 12.72 acre that t of land desrribed in a deed to Angeletta 1.Brow. recorded in Volume 1963, Page 344 (DRBCT); THENCE, with the common lines at said 45.63 sues and said 12.74 acres for the following Iwo 12) courses and distances: 1) N 49' 44' 22' W, for a distance of 335.27 feet to a 112 inch iron rod found far the north corner of said 12.72 aues and being an interior ell corner of said 45.63 aces and an interior ell corner hereof; 2) 5 41" OT 09' W, for a distance of 853,25 feet to a 1/2 inch iran rad found an the northeast line of a called 7.82 ace tract of land described in a deed to Ruda P. Schubert and Kathleen K. 5rhuber1. recorded in Volume 3538, Page 275 rOPRBCT) and being the west corner cif said 12 72 acres and a southerly corner of said 45.63 acres and a southerly corner hereof, THENCE, with the common line of said 45 63 acres and said 7.132 acres, N 44' Off 54' W, for a distance of 249.73 feet to a 112 utdt iron rad with a blue plastic cap stamped `KERR SURVEYING " set far the south comer of a called 17.71 wire trait of land described in a deed to the Shirley Redman Homestead Trust. recorded in VL ume 18486. Page 134 (OPRBCT) and being the west corner of said 45.63 acres and the west corner hereof; THENCE, with the common Tine of said 17.71 acres and said 45,63 acres, N 41' 43' 55" F. for a distance of 568.47 feet to a 1t2 inch iron rod found for the east i orner of said 17.71 acres and being a southerly corner of a called 34.99 acres described in a deed to Shirley Carter Redman, et al. recorded in Volume 10924, Page 26310PR8CTj. THENCE, with the common line of said 34.99 acres and said 45.63 acres, 5 sr 53' 3r E. for a distance of 4313 feet to a 6 inch cedar fence past found far the south corner of said 34.99 acres and being an interior ell comer at said 45.63 acres and an inlenor ell corner hereof; THENCE, with the common tine of said 34.99 acres, said 45.63 acres, a called 2.021 acre trait of land described in a deed to Wellhonn Special Utility District, recorded in Volume 18395, Page 138 1]PRBCi I and the remainder of a called 48.07 acre tract of land described in a deed to Dane Garnet Eireann and Carolyn Gibbei;, recorded in Volume 12198, Page 87 (OPRBCT), 21Page 23-150 M&B 44.22AC.docx EXHIBIT "B" - cont 44.22 ACRES N 38' 3T 59' E, fora distance of 2,19655 feet to a 6 arch treated fence post found on the southwest line of 16 GN Road, to the east corner of said remainder of 48 07 acres and being the north corner of said 45.63 acres and the north comer hereof, THENCE. with the common line of 1 & GN Road and saM 45.63 aces, with a curve to the right. having a radars of 2,814.79 fort, an arc distance of 1,385.17 feet, a delta angle of 2r 1T 44', and a chord which bears 5 28' 22' 38' E. a distance of 1,371.23 feet to the POINT OF O6MNIIN6 hereof and con!anu; 4422 aces, more or less. Surveyed on the ground March 2023 under my supervision See plat prepared April 2023 tor other information The bearing basis for this survey rs based on the Texas State Plane Coordinate System of 1983 (NA083), Central Zone, Grid North as established from GPS observation using the Leica 5martnet N.A083 (NA2O111 Epoch 2O10 Multiyear COPS Solution 2 (MYC52) Distances described herein are surface distances. To obtain grid distances Inot grid areas( divide by a combined scale factor of 10000744101619 Icakulated using 6E011312B) Reference drawing 23 150 11111 8 Michael Korietsln Registered Professir.• 23450 M61344.22AC.docx ur fin G53 KERR SURVEYING Kerr Surveying, Lill 409 N Texas Ave Aryan, TX 77803 Office (979) 268.31951 Web wwwlcerrtaridwnteying,com Sir(1Lt:3roiie'friuf.VtSrt!tR.t I 1 TBPELS Firm Nu 10018503 31Pav•: EXHIBIT "C" — Parcel ID: 11672 Metes and Bounds FIELD NOTES DESCRIPTION DF A 35.03 ACRE TRACT JAMES HOPE LEAGUE SURVEY, ABSTRACT 22 BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 35.03 ACRES IN THE JAMES HOPE LEAGUE SURVEY, ABSTRACT 22, IN BRAZOS COUNTY, TEXAS, BEING ALL OF A CALLED 34.99 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE SHIRLEY REDMAN, ET AL., RECORDED DI VOLUME 10924, PAGE 263 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT►; SAID 35.03 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND B0IJNOS AS FOLLOWS: BEGINNING at a 112 inch iron rod with a blue plastic cap stamped 'KERR SURVYEING' set on the northwest Tine of a called 45.63 acre tract of land described in a deed to lames 5 Redman and Patricia M Redman. recorded m Volume 2176, Page 304 of the Official Records of Brazos County, Texas (ORBCT), for the south corner of the remainder of a called 48.07 acre tract of land described in a deed to Crane Garnet Eimann and Carolyn Gibbens, recorded in Volume 12198. Page 87(0PRBCT) and being the east comer of said 34 99 acres and the east corner hereof horn which a 6 mch treated fence post found for the north corner of said 45.63 acres bears N 38° 37' S9' E, a distance of 541 61feet, THENCE_ with the common line of said 45 63 acres and said 34 99 acres fur the following two (21 courses and distances 1) S 38' 37 59" W, fora distance of 1,51.93 feet to a 6 indi cedar fence post found for an interior ell corner of said 45.63 acres and being the south comer of said 34.99 acres and the south corner hereof. 2) N sr 53' 32' W, for a distance of 43.13 feet to a 112 i*►ch iron rod found for the southeast corner of a called 17.71 acre tract of land de -;cubed in a deed to the Shirley Redman Homestead Trust, recorded m Volume 18486, Page 134 (OPRBCT) THENCE, with the common line of said 17.71 acres and said 34 99 acres for the following three (31 courses and distances 1) N 20' 35' 29' W. for a distanc- of 540.78 feet to a 1:2 in& iron rod with a blue plastic cap stamped "KERR SURVEYING" set; 2) N 319' 45' 26' W. fora distance of 130.93 feet to a IR inch iron rod found bent 3) N 54' 10' 02° W. for a distance at 431.84 feet to a U2 inch iron rod found on the southeast line of a called 1.530.6 acre tract of land described m a deed to Legacy GGC Brazos, LLC. recorded m Volume 17789, Page 240 (OPRBCT), for the north corner of said 17 71 acres and beep the west carver of said 34,99 acres and the west comer hereof: 1(Page 23-150 M&B 35.03AC doat 1 EXHIBIT "C" - cont 35.03 ACRES THENCE, with the common occupied line of said 1,530.5 acres and said 34.99 acres for the following four 14) courses and distances 1) N 40' 02' OS' E, for a distance of 673.06 feet to a .i inch treated fence post found, 2) N 39' 00' 23' E, for a Distance of 23133 feet to a 112 inch won rod with a blue plastic cap stamped `KERR SURVEYING' set; 3) N 35' 0r 20' E. fora distance of 159.16 feet to a 24 inch tree fence post found; 4) N S5' 42' S3' E. for a distance of 358.78 feet to a crosstie fence post found on the southwest line of said remainder of called 48.07 acres. for the isnrtheasi comer of sa+0,530 5 acres and being the north corner of said 34.99 acres and the north corner hereof; THENCE, with the common line of said 34 99 acres and said remainder of called 48.07 acres, 549' 24' 36' E, for a distance of 954.57 feet to the POINT OF HE6N4NMG hereof and containing 35.03 acres, more or less Surveyed on the ground March 2023 under my supervrsroa See plat prepared April 2023 for other information. The bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NA0831, Central Zone. Gnd North as established from GPS observation using the Leica Smartnet NA083 INA2O111 Epoch 2010 Multi -year (ORS solution 2 (MYC52) Distances described herein are surface distances To obtain gnd distances Inat grid areas) divide by a combined Scale factor of 1,00007443016152 (calculated using GEOIDI2B)_ Referent drawing. 23.150 TITLE-0 a, 5!13 Michael Konetski Registered Professional Land Surveyor No 6531 KERR SURVEYING Kerr 5urveyrny, LLC 1409 N Texas Ave Bryan, TX 77803 Office:1979i 268-3195 I Web. ltirrw.kiKriaridsurvesantccan s+acrsyl3ktrrsurrelang Ott IMPELS Fum No.10018500 23.150 M68 35.03At.docx 2I EXHIBIT "D" — Parcel ID: 11671 Metes and Bounds KERR `SURVEYING FIELD NOTES DESCRIPTION OF A 17.64 ACRE TRACT JAMES HOPE LEAGUE SURVEY, ABSTRACT 22 BRAZOS COUNTY, TEXAS 17.64 ACRES A FIELD NOTES DESCRIPTION OF 17.64 ACRES IN THE JAMES HOPE LEAGUE SURVEY, ABSTRACT 22, IN BRAZOS COUNTY, TEXAS, BEING ALL OF A CALLED 17.71 ACRE TRACT OF LAII DESCRIBED IN A DEED TO THE SHIRLEY REDMAN HOIIIESTEAB TRUST, RECORDED IN VOLUME 18486, PAGE 134 OF THE OFTKIAI PUBLK RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID 17.64 ACRES BEING MORE PARTICULARLY DESCRIBED 8Y METES AND BOUNDS AS FOLLOWS; BEGINNING at a 1/2 inch iron rod found for a southerly comer of a called 34.99 acre trail of land described in a deed I• Shirley Carter Redman, et al. recorded in Volume 10924, Page 263 (OPRBCTI and being a northerly corner of a called 45 63 .acre had described in a deed to James 5 Redman and Patricia M Redman, recorded in Volume 2176, Page 304 of the Official Records of Brazos County, Texas (ORBCT) and being the southeast corner of said 17 71 acres and the southeast comer hereof. from which a 6 inch cedar fence post found for the south corner of said 34.99 acres bears S 51' 53' 32' E. a distance of 4313 feet, also from which a 6 inch treated fence post found for the north corner of said 45.63 acres bear, N 38° 37' 59" E, a distance of 2,196.55 feet. THENCE, with the common line of said 45.63 aues and said 17 7t acres, S 41" 43' SS' W, for a distance of 568,47 feet to a 1/2 inch iron rod with a blue plastic cap stamped "KERR SURVEYING" set on the northeast Inv of a called 7.82 acre tract of land descnbed in a deed to Rudy P Schubert and Kathleen K Schubert recorded in Volume 3538. Page 275 (OPRBCT), for the southwest corner of said 45.63 acres and being the south corner of said 17 71 acres and the south corner hereof. THENCE, with the common line of said 7.82 acres and said 17 71 acres, N 44' Off 54' W, for a distance of 72.68 feet to a 5/8 irxta iron rod found for the north corner of said 7 S.2 acres and being the east corner of a called 19.745 acre tract f land described in a deed to Andrew Kyle Kutzenberger and Leslie B Kutzenberger recorded in Volume 11532, Page 250 (0PRBCT), THENCE, math the common line of said 17 71 acres and said 19 745 acres, N 46' 1B' 15' W, for a distance of 962.76 feet to a 5/8 inch iron rod found on the southeast line of a called 1,530.E acre tract of land described in a deed to Legacy UGC Brazos, LLC, recorded in Volume 17789 Page 240 (OPRBCT), for the north corner of said 19 745 acres and being the west tomer of said 17.71 acres and the west comer hereof: 11 P 23-150 faAG817!64AC.dacx EXHIBIT "D"- cont 17.64 ACRES THENCE. with the common line of said 1 530 6 acres and said 17 71 acres, N 41° 29' OS" E for a ois tan( a of 756,43 feet to a 1/2 inch iron rod found for the southwest corner of sal* 34 33 acres and being the nor Ih corner of said 17 71 acres and the north corner hereof, THENCE with the common lines of said 17.71 acre; and said 34 99 acres for the todbwirrq three 13) rourses and distance, 1) 5 54' 10' or E. for a distance of 431.84 feet to a 1/2 inch iron rod found bent, 2) 5 39' 45* 26" E, for a distance of 130.93 feet to a 112 inch iron rod with a blue plastic rap stamped "KERR SURVEYING" set, 3) 5 20' 35' 29' E for a distance of 540.78 feet to the POINT OF BEGINNING hereof and containing 17.64 acres, more or less Surveyed on the ground March 2023 under my supervision See plat prepared Apnl 2023 for other information The bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NAOB3), Central Zone, Gnd North as established from GPS observation using the ieica Smartnet NA083 (N420111 Epoch 2010 Mulh•year C0R5 Solution 2 (MYC52) Distances described herein are surface distances. To obtain qnd distances (not grid areas) divide by a combiners scale factor of 100007443016152 (calculated using GEOI012B( Reference drawing- 23-ISO-TITLE•C. 1a5123 Michael Konetski Registered Prnfessional land Surveyor No 6531 KERR SURVEYING Kerr Surveying. Li t yu, n. 1 ems rive aryan, rX 77803 Office (979) 268 3195 I Web tdritkealiodimetemom 511rYfy4+!{ef.1]ItfYt rxl i TBPELS Firm No 10018500 23-150 M&817.644C.docx 2I AGENCY ACRE EMIENT This Agency Agreement (this "Agreement") is entered into as of the date of Effective Date, described below, by, between and among James Sidney Redman, 13615 Still Bay Court, Houston, Texas 77077 ("James Redman"), Jerry Redman, 17337 Chevoyo Cove, College Station, Texas 77845 ("Jerry Redman"), and Nancy Redman Dippel, P. O. Box 170, Wellborn, Texas 77881 ("Nancy Dippel"). James Redman, Jerry Redman and Nancy Dippel are sometimes referred to herein as the "Parties". WHEREAS, James Redman is an owner of the property described on Exhibit A (the "Land") as well as the Independent Executor of the Estate of Shirley Carter Redman (the "Estate") and a beneficiary of the Estate, and is hereby acting individually and on behalf of the Estate; WHEREAS, Jerry Redman is an owner of the Land and a beneficiary of the Estate and is acting individually and as a beneficiary of the Estate; WHEREAS, Nancy Dippel is an owner of the Land, a beneficiary of the Estate and the Trustee of the Shirley Redman Homestead Trust, and is acting individually, as a beneficiary of the Estate, and as Trustee of the Trust; WHEREAS, the Parties, collectively, own all right, title and interest in and to the Land and desire to appoint James Redman as their exclusive agent to sell their respective interests in the Land, for the purposes and under the conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the parties covenant and agree as follows: 1. The Parties hereby appoint James Redman as their exclusive agent (the "Agent") to locate a buyer for the Land, to facilitate and negotiate the documents effecting such sale on behalf of the 1 Parties, to execute, on behalf of the Parties, a contract of sale relating to the Land as well as all other instruments, certificates and other documents as may be necessary or helpful to consummate the sale of the Land (the "Sale Documents"), and to distribute to the Parties each of his or her respective share of the net proceeds received from the sale of the Land. 2. As Agent, James Redman will perform the following services (the "Services"): a. Promote and market the Land for sale, through advertising or such other means as Agent deems helpful and proper, and seek prospective buyers of the Land; b. Upon receiving expression(s) of interest from prospective buyers, negotiate the terms of the sale of the Land, including negotiating the terms of all Sale Documents; c. Execute all Sale Documents as necessary and proper on behalf of the Parties; d. Upon a closing and funding of a sale (a "Sale Closing"), receive the proceeds of sale and deposit such proceeds into an account or accounts to hold such proceeds; and d. Within fifteen (15) days after a Sale Closing, prepare an accounting of all costs, expenses and proceeds of such Sale Closing, furnish a copy of such accounting to each of the Parties, and distribute to each Party his or her respective share of the proceeds of a sale. 3. James Redman, as Agent, will be the exclusive party authorized to market the land and consummate the sale thereof and will keep Jerry Redman and Nancy Dippel reasonably advised as to his marketing efforts and any reasonable offers received by him for the Land. The Parties agree to execute the power of attorney in the form attached hereto as Exhibit A (the "POA"), and authorize and direct the Agent to cause the executed POA to be filed in the public records of Brazos County, Texas. 2 4. The Parties agree and acknowledge that the Land must be sold in one parcel or transaction, and the gross sale price of the Land shall not be less than $ OCO ,� c.--. �r t 4' 5. This Agreement shall be valid and binding for a term of three (3) years from the date of the last signature affixed hereto (the "Effective Date"), provided, however, as follows: In the event a written offer for the Land (an "Offer"), has been received by Agent prior to the Effective Date but such Offer has not resulted in a Sale Closing prior to the Effective Date, then this Agreement shall continue to be in full force and effect until the Sale Closing pursuant to such Offer or such Offer has been either withdrawn by the prospective buyer or abandoned by Agent. 6. Further Assurances. Each Party covenants and agrees to take such further actions and shall execute and deliver all such other agreements, certificates, instruments and documents as Agent shall reasonably request in order to carry out the intent and accomplish the purposes of this Agreement. 7. Entire Agreement. The Agreement and the POAs signed by the Parties constitute the entire and fully integrated agreement between the Parties with respect to the subject matter hereof and supersede and replace all prior agreements between the Parties regarding such subject matter. In the event of any conflict between the provisions of this Agreement and any POA, the provisions of this Agreement shall control. 8. Modification. This Agreement may not be modified or amended except by a writing signed by all Parties. 9. Choice of Law and Venue. This Agreement and the POAs shall be governed and construed in accordance with the laws of the State of Texas, without regard to any conflicts of law rule or principle that would require application of the laws of another jurisdiction. Venue for any dispute 3 or controversy under this Agreement and any POA shall be mandatory and exclusively in Brazos County, Texas. 10. Attorneys' Fees. In the event of any dispute resolution action between the Parties pertaining to the subject matter of this Agreement, the Party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' and other professional fees incurred therein. 11. Severability. Any provision of this Agreement prohibited or rendered unenforceable by any jurisdiction shall as to such jurisdiction be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any such jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 12. Simatures. This Agreement may be executed in multiple counterparts, which when taken together shall constitute a single agreement. Facsimile, PDF, jpeg and other electronic representations of signatures shall have the dignity, force and effect of an original. This Agreement shall not be binding on any Party signing same unless and until all Parties named herein have signed same. 13. RELIANCE DISCLAIMER. EACH PARTY CONFIRMS AND AGREES THAT, IN DECIDING WHETHER TO SIGN THIS AGREEMENT, IT HAS NOT RELIED ON ANY STATEMENT OR REPRESENTATION BY THE OTHER PARTY OR ANYONE ACTING ON BEHALF OF SUCH OTHER PARTY RELA'1BD TO THE SUBJECT MATTER OF THIS AGREEMENT THAT IS NOT CONTAINED HEREIN. IN WITNESS WHEREOF, the Parties execute this Agency Agreement on the date set below their signatures. 4 es Sidney Redman ate ,Signed: PO a z 3 man Date Signed: Jerry Redman Date Signed: 287/20z3 Nancy Redman Dippel 1 Date Signed: a. ti 5