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Home My WebLink About02-14-2002-10.12 - Resolution - 02/14/2002 RESOLUTION NO. 02 -14- 2002 -10.12 A RESOLUTION RATIFYING AN AMENDMENT TO THE REAL ESTATE CONTRACT BY AND BETWEEN THE CITY OF COLLEGE STATION, TEXAS, ("BUYER") AND THE JAMES O. FREEMAN AND RUBY S. FREEMAN REVOCABLE TRUST ( "SELLER "). WHEREAS, the City of College Station, Texas, a Home Rule Municipal Corporation ("BUYER") and The James O. Freeman and Ruby S. Freeman Revocable Trust ( "SELLER ") have previously negotiated the terms and conditions of a contract pursuant to which SELLER agreed to sell and convey in fee simple interest, and BUYER agreed to purchase and pay for 67.16 acres of land owned by SELLER, said property being located on Rock Prairie Road in the THOMAS CARRUTHERS SURVEY, Abstract No. 9, College Station, Brazos County, Texas, being more particularly described in Exhibit "A ", which is attached hereto and made a part hereof for all intents and purposes; and WHEREAS, said contract, was approved by the City Council of College Station on Thursday, May 10, 2001 (Consent Agenda Item 11.2); and WHEREAS, the Property closed on January 4, 2002; and WHEREAS, after the contract was approved by the City Council the SELLER requested that BUYER pay for the title policy insuring marketable title instead of SELLER which resulted in the BUYER paying an additional $4,038.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Part 1: That the amendment to the contract and the additional expenditure, as reflected on the attached Exhibit "B ", which is attached hereto and made a part hereof for all intents and purposes, is ratified. Part 2: That this resolution shall take effect immediately from and after its passage. ADOPTED this 14 day of February, AD 2002. APPROVED ATTEST: ei levh.t . t McILHANEY, Mayor CONNIE HOOKS, City Secretary APPROVED: E- Signed by Roxanne Nemcik VLRIFY. =authenticity with App !. . s r City Attorney U: (Resolutions 20021Freeman Property - 67 acres on Rock Prairie Road - Ratification of Contract.doc EXHIBIT "A" * * * * * * * * * ** Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas (979) 690 -3378 James Freeman 66.32 Acre Tract Thomas Caruthers League College Station, Texas 18 June 2001 All that certain tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being a part of those two tracts called 63.1 acres and 3.6 acres conveyed to the James O. Freeman and Ruby S. Freeman Revocable Trust by deed recorded in Volume 3693, Page 219 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a sandstone rock found at the south corder of the said James O. Freeman 63.1 acre tract which is also the most easterly corner of that 341.60 acre tract conveyed to W.G. Ritchey and wife, Sybil D. Ritchey, by deed recorded in Volume 237, Page 29 of the Deed Records of Brazos County, Texas, and is located S 42° 04' 10" W — 3239.68 feet from a flat iron bar found in the southwest line of Rock Prairie Road as called in said deed to James O. Freeman. Thence N 48° 05' 22" W — 899.23 feet along the line between the said Freeman tract and the said Ritchey tract to a %" iron rod found at a fence corner at the common corner of the said Freeman tract and that 19.61 acre tract conveyed to Edward Unvicek, Jr. by deed recorded in Volume 686, Page 714 of the Official Records of Brazos County, Texas, which is also that 40.5 acre tract conveyed from James O. Freeman to Archie P. Clark and wife, Linda L. Clark by deed recorded in Volume 452, Page 612 of the Deed Records of Brazos County, Texas; Thence along the fenceline on the southeast line as called in deed of the said 40.5 acre as follows: N 38° 34' 25" E — 539.01 feet to an angle point; N 38° 43' 08" E — 314.73 feet to an angle point; N 34° 52' 46" E — 259.94 feet to an angle point; N 37° 50' 59" E — 323.52 feet to an angle point; N 37° 11' 44" E — 711.78 feet to an angle point; N 36° 34' 45" E — 492.74 feet to a ' /z" iron rod found at a fence corner in the southwest line of Rock Prairie Road; O ' Freeman Tract — T. Caruthers Page 1 of 2 Nor Thence S 76° 36' 54" E — 906.56 feet along the southwest line of Rock Prairie Road to a ' /a" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the intersection of the southwest line of Rock Prairie Road and the fenceline on the northwest side of that tract called 2.0 acres conveyed to Cathy C. Carroll by deed recorded in Volume 1677, Page 39 of the Official Public Records of Brazos County, Texas; Thence around the Cathy C. Carroll tract as fenced, by the following calls: S 2° 49' 37" E — 429.10 feet to a fence corner; S 41° 57' 14" E — 16.37 feet to a %2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the intersection of the said Carroll southwest fenceline and the southeast line of the said Freeman tract; Thence S 42° 04' 10" W — 2759.39 feet along the southeast line of the said Freeman tract to the Point of Beginning and containing 66.32 acres of land more or less. Surveyed in June 2001. Bearings are Texas State Plane, Central Zone, NAD -83 datum, based on GPS observations from City of College Station 1994 control monuments. For a more detailed description of this tract, see the plat prepared by Joe Orr, Inc, dated 18 J 2011. ,.r 'New i APIP .• to ( . 3 ,%sT',4 % -or , OF r` If / ' • N ••••1 • David R. ayo, RPL : No. 14 DAVID R MAYO -0 147E v7 . SURE • -' Freeman Tract - T. Caruthers Page 2 of 2 EXHIBIT "B" * * * * * * * * * ** 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. t3UYER'S (c) Deliver to BUYER, at 3ELLER's expense, a Title Policy insuring marketable title issued by Brazos County Abstract, 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 p. 4 _ BUYER prior to closing. (d) Pay one -half (' /z) of the escrow fees. ' (e) Pay any and all required property taxes and prorated taxes for the year 2001. (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. c (j) Pay the SELLER's expenses and attorney fees. i f/ 5.3 5.3 Upon such performance by SELLER at closing, BUYER shall: (a) Pay the balance of the purchase price and the below - listed closing costs. (b) Pay one -half (' /z) of the escrow fees. (c) Prepare, at its cost, the General Warranty Deed. (d) Pay the costs to obtain, deliver and record all documents other than those to be recorded at SELLER's expense. (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. yaw Page 5 Contract No. 01 -109 o :IgroupVegallproJec4(reeman rock prairle/conlract.doc 10/4/00