HomeMy WebLinkAbout1981-04-21-1000AM-Special
COMMISSIONERS' COURT
SPECIAL MEETING
APRIL 21, 1981
A special meeting of the Commissioners' Court of Brazos
County, Texas, was held in the Commissioners' Courtroom in
the Courthouse in Bryan, Brazos County, Texas, beginning at
10:00 A.M. on Tuesday, April 21, 1981, with the following
members of the Court present:
R. J. Holmgreen, County Judge, presiding:
Bill J. Cooley, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Billy E. Beard, Commissioner of Precinct 3.
The County Judge called the meeting to order and announced
the Court would retire into executive closed session to dis-
cuss acquisition of real property.
The County Judge opened the meeting at 11:30 A.M. and
recessed until 2:00 P.M.
2:00 P.M.
! The Court reconvened at 2:25 P.M. with the following
members of the Court present:
R. J. Holmgreen, County Judge, presiding:
Walter Wilcox, Commissioner of Precinct 2;
Billy E. Beard, Commissioner of Precinct 3.
and retired into closed session to continue the discussion of
real property acquisition. The meeting was opened at 3:45
P.M., and recessed until 9.00 A.M. on Thursday, April 23 , 1981.
April 23, 1981, 9:00 A.M.
The Court reconvened at 9:00 A.M. with the following
members of the Court present:
R. J. Holmgreen, County Judge, presiding:
Bill J. Cooley, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Billy E. Beard, Commissioner of Precinct 3;
W. A. Stasny, Commissioner of Precinct 4.
VOt, P PAGE t?
.
I
~
II
- ' - -
COMMISSIONERS' COURT MEETING - APRIL 21, 1981 CONTINUED
and retired into closed session to continue discussion on
acquisition of real property.
The meeting was opened at 9:35 A.M. at which time Com-
missioner Cooley moved to authorize the County Judge to exe-
cute a contract for the acquisition of the property described
in Cause No. 87-CC, styled Brazos County Texas vs. Lilly Ice
Cream Company, Inc., et al, for a total payment of $250,000.00,
with the further understanding that the owner of such property
would remove nothing other than personal property. The motion
was seconded by Commissioner Beard with Commissioners Cooley,
Beard and Wilcox voting "Aye". Commissioner Stasny announced
present but not voting. The County Judge abstained from
voting. The County Judge announced that the motion carried.
A copy of the contract is attached hereto for reference.
There being no further business to come before the Court,
the meeting was adjourned.
i
T'AIE STATE OF TEXAS X X X
COUNTY OF BF.AZOS X X X
iilS AG4U.,,, ,NT OF SALE, PURC1U\SZ AND G1.27, maCa this the
Lilly Dairy Products, Inc., formerly
23rd day of April, 1931, by and b.:twcen/LILLY ICZ C,ua%`, Cox:,: IuNy.
1NC., a Texas Corporetion acting Lcre:.n by find throug,a its un'cr-
signed duly authorized officers (::ereinafter caller; "Seller" or
"Donor"), and BRAZOS COUNTY, TEXAS, a political subdivision of
the State of Texas acting herein by and through its duly authorized
County Judge as authorized by the Con..iissioners Court of Brazos
County, Texas (hereinafter called "County"), is as follows.
I.
M
Tne subject of this contract is real property and improvements
situated in Brazos County, Texas, described as follows, to-wit:
Being all that certain tracts or parcels of land describes:
generallly as Lot 1, Lot 2, one-half (1/2) of Lot 3 adjoining
Lot 2, Lot 6, Lot 7, Lot 3, Lot 9, and all of ;..Le alleyways,
all in Block 9, CITY OF B:YAI,:, according to the map or plat
of the original townsite in Book. 1:, page 721. Deed records
of Brazos County, Texas, together with a 12 foot strip of
land adjoining Lots 1, 2 and 25' of Lot 3, of said Bock
9, all as more narticularly described by metes and bounds
in Attachment "A" hereto, which said descr:.ption is hereby
incorporated herein as though fully set forth herein.
The real property and improvements are in the posbession of County,
pursuant to an Award of Special Commissioners and a Notice of Deposit
whereby the amount of the said Award was deposited with the County
Clerks of Brazos County, Texas, all in Cause No. 87-CC, Proceedings
in Eminent Domain, County Court at Law of Brazos County, Texas.
1
II.
Seller agrees to convey to County, by General Warranty Deed,
the real property described as Tracts Five, Six, Seven, Eight, Nine,
Ten and Eleven, in Attachrent "A" hereto, such conveyance to be
delivered to County not'later than 5:00 o'clock P. 11. on the 1st
day of May, 1931. Said conveyance shall contain no exceptions to
title and no reservations in favor of Seller, and shall describe
the real property and all improvements thereon.
VOL P PAGES
V®L.LPAGE a0
i
! Contemporanenously therewith, County shall pay to Seller the sum of
TWO HUNDRED FIFTY THOUSAND AND NO/100 ($250,000.00) DOLLARS, which
i
is the agreed consideration for such conveyance, to be paid as
i
follows:
a) $150,000.00 from trust funds held by the County Clerk
of Brazos County, Texas, pursuant to the Award and
::otice of Deposit in Cause No. 87-CC, and the undersigned
agree to jointly execute a motion to withdraw such
funds from the registry of the Court and to jointly
request that the Judge of said Court approve the motion
to withdraw such funds; and
b) $100,000.00 to be paid from funds of County held by it
for the acquistion of such property.
• III.
I I •
At the same time as the deliver of the above described Deed
and the payment of the purchase price by County, Seller, as Donor,
agrees to convey, without consideration, by General Warranty Dead
I
7
the real property and the improve-mints situated thereon described
as Tract Four in Attachment "A" hereto. Such conveyance shall
contain no exceptions to title and no reservations in favor of Seller.
1
In the event Seller should reuse or be unable, for any reason, to
complete the
gift ~ contemplated by this Paragraph I+I , thin County
i• shall be under no obligation to accept a conveyance of the property
i described i:. Paragraph II above, nor to make any payment to Seller.
i.
1 IV.
Not later than 5:00 o'clock P. M. on April 28, 1981, Seller
f shall cause an Owner's Title Insurance Commitment to be issued
i
to County, as insured, describing all of the property in Attachment
"A" hereto, containing no exception to title other than the
printed exception contained in Texas Standard Form, commiting the
I
title insurance company to issue an Owner's Title Insurance Policy
to•Gounty, after the conveyances described above, in the amount of
$350,000.00.
I
i
V
At the time of the conveyances described above, Seller shall
pay to Felix Torres, Inc'. the sum of $2,500.00 to satisfy the
i,
I
r+ ~t.
claim of such party to the suit described above as contained
in the Supplemental Stipulations on file therein.
VI.
Seller warrants and represents that there are no outstanding
.I
liens, mortgages, or other encumbrances against, involving or
affecting the herein above described property. Seller shall
pay all advalorem taxes Afor the year 1981, if assessed against
the property, down to the date County acquired possession of
the property. Seiler is responsible for the payment of all ad
valorem taxes for all years up to and including 1980, and any and
all interest, penalties and other charges in connection therewith.
VII.
Each party agrees to pay all expenses incurred by it in
connection with the condemnation suit described above and to
jointly file a motion for an agreed ,judgment, after the recording
of the conveyances described above, and 4ointly request that
the Judge of the County Court at Law enter its judgment dismissing
said cause on grounds that the parties have reached this agreement
and that the property has been conveyed to County and there is
J
no basis or necessity for further proceedings in said Cause.
VIII.
Each party represents to the other that no third party is
due any fee for negotiating this agreement and each shall hold
the other harmless from any such claim, charge or expense therefor.
T•'
In the event Seller refuses to perform this agreement and
Cause 87-CC proceeds to trial, the parties hereby agree that this
agreement shall not be offered into evidence by either party and
shall be deeded inadmissible as a settlement proposal.
X.
Seller agrees not to remove any of the improvements, or any
VOL P PAGE a_/
rl
jl
V 0LjP.P GE-4&
=i
part thereof, from the real property described herein pending
the conveyances described above. Seller shall remove all of
i
its personal property from the premises prior to May 1, 1981.
EXECUTED AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.
1 ~
LILLY DAIRY PRODUCTS, INC., FORMERLY
LILLY ICE CRTEAM COMPANY, INC.
By:
Roy a es, President
SELLER
BRAZOS COUNTY, TEXAS
By :
lie,
o• agreen, o •nty Judge ;
COUNTY
f
fl
*SAVE $ EXCEPT the cooling tower, incinerator
and Burrough's computer, which Seller shall remove
no later than May 31, 1981. 4<o
1
~ r
r
t
LI~
f '
i e
I
,
i
%
I
Tract Four:
Being Lot Eight (8) and the adjoining East one-half (1/2) of Lot Nine (9),
Block Nine (9), in the CITY OF BRYAN, Texas, according to the map of said
City in common use, and being the said property conveyed to H.W. Moehlman
by George D. Tucker by deed dated June 27, 1918, recorded in Volume 85,
Page 533, Deed Records of Brazos County, Texas, and the adjoining one-half
of the alley in said Block Nine (9).
Tract Five:
That certain tract or parcel of land lying and being situated in Block Number r'
,Nine (9) in the CITY OF BRYAN, in Brazos County, Texas and being a portion of
the sane property described in deed from T.J. ?res,,on, et ux to Geo. Stephan,
et al, dated October 29, 1934, and recorded in Volume 84, Page 362, of the Deed
Records of Brazos County, Texas, and described by mates and bounds as follov:s:
GEGINNING at the Southwest corner of Lot :lumber One (1) in saia Block; THENCE
North along the line of alley, at 80 feet pass the Northeast corner of said
Loz 1 and at 90 feet set a stake for corner in the east line of Lot Number Two
(2) to said Block, THENCE in a Westerly direction, parallel with the South
1,r•e of said Lot ;cumber 1, and at right angles to the last named call, run
;a distance of 29 feet and corner in the inside of said Lot Number 2, said
'corner being in the center of a brick wall which is a partition wall; T.-IC\CE
• in a Southerly direction at right angles to the last call and parallel with the
'irst call, run along the center line of saia wall a distance of 90 feet and
corner in the South line of said Lot Number 1; T,XENCE run in an Easterly direction
along the South line of said Lot Number 1 a distance of 22 fee,. to the PLACE
• OF BEGINNING, containing a tract of land 29 feet by 90 feet in dimensions,
fronting 29 feet'on 25th Street in the City of Bryan in Brazos County, texas.
Tract Six:
Being parts of Lots One (1) and Two (2) and the adjoining South twenty-five
(25) feet of Lot Number Three (3) in Block Number Nine (9), together with a
12 foot strip lying West of and irrmediately adjoining said Lots 1 and 2 and
the adjoining South 25 feet of Lot Number 3 in said Block 9, all in the CITY
OF BRYAN, in Brazos County, Texas, described as follows:
BEGINNING at a point 29 feet North 81 1/2 West from the Southeast corner of
Lot 1, said point being in the North line of East 25th Street and in the South line i
of said Block 9 in said City of Bryan;
e `
ATTACHMENT "A"
r a3 1
v®1. P AGE,,.. I r
THENCE North 81 1/2 'pest along the South line of said Block 9, 98 feet and
corner a stare set for the Southwest corner of a 12 foot strip; said 12 foot strip
being the some parcel of land conveyed by the City of Bryan to George Stephan by
Deed dated February 26, 1942, and recorded in Volume 109, Page 406, of the Deed
Records of Brazos County, Texas;
THENCE North 8 1/2 East 125 feet and corner a stake in the West line of said 12
' foot strip;
4
THENCE South 81 1/2 East 98 feet and corner a stake for corner, being the Northeast
corner of the tract herein described; '
THENCE South 8 1/2 West 125 feet to the PLACE OF BEGINNING
Tract. Seven:
A tract or parcel of land, lying and being situated in Brazos County, Texas,
and being the West one-half (1/2) of Lot Nine (9) in Block Nine (9) in the
CITY OF BRYAN, Brazos County, Texas, according to the official map of said
City. Being the same land described in deed from Mrs. Ella C. Adams, et al.
to R.J. Cole, said deed dated April 8, 1954, and recorded in Volume 164,
Page 530, Deed Records of Brazos County, Texas.
Tract Eiqht:
Part of Lots Two (2) and Three (3) in Block Nine (9) in the CITY OF BRYAN, in
Brazos County. Texas. and being described as follows, to-wit:
BEGINNING at the Northeast corner of a tract described in a deed from George
Stephan to J. Cameron Webb, et al, dated September 2, 1941, and recorded in
Book 107, Page 476, of the Deed Records of Brazos County, Texas, such point in the
East line of Lot No. 3 in said Block;
THENCE in a Northerly direction with the East line of Lot Number 3, run 20 feet
and corner;
THENCE in a Westerly direction parallel with the North line of Lot Number 3 and
25 feet distant therefrom, run a distance of 29 feet and corner;
I d~
THENCE in a Southerly direction parallel with the alley line, run a distance of 35
feet and corner with the Northwest corner of a tract conveyed by George Stephen,
et al, to Lilly Creamery Company, Inc., by a deed recorded in Book 91, Page 139,
of said Deed Records;
THENCE in an EEasterly direction with the North line of said tract conveyed to Lilly
Creamery Company, Inc., run a distance of 9 feet and corner with the Southwest
corner of said tract conveyed by George Stephan to J. Cameron Webb, et al, by the
deed recorded in Book 107, Page 476;
in a Northerly direction with the West line of the last mentioned tract, run
a distance of 15 feet and corner with the Northwest corner of the last mentioned
tract;
THEN" in a Northerly direction with the North line of the last mentioned tract.
run 20 feet to the PLACE OF BEGINNING.
Trict Nine:
A tract or parcel of land lying and being situated in Lots Two (2) and Three (3)
in Block ;line (9) in the CITY OF BRYAN, in Brazos County, Texas, and described
as follows:
BEGINNING at, the most Northeasterly corner of that certain tract of land which
was conveyed by George Stephan, et al to Lilly Creamery Company, Inc. by deed
rated February 29, 1936, and recorded in Volume 91 on Page 139 of the Deed
Records o~'3razos County, Texas, said corner being in the East line of said
Lot Number Two (2);
XTXC2 in a Northerly direction with the last named line at 10 feet pass the
Northeast corner of said Lot Number Two (2) and at 15 feet corner in the East
ling: of Lot Number Three (3);
ATTACHMENT "A"
I
J•
P'4
THENCE in a westerly direction parallel with the North line of said Lot Number
Two (2) run 20 feet and corner in Lot Number Three (3);
' THENCE in a Southerly direction, parallel with the first call, run a distance of
15 feet and corner in the North line of said tract above described as being
conveyed to Lilly Creamery Company, Inc. by said deed dated February 29, 1936;
THENCE in an Easterly direction with the said last named line, run 20 feet to the
PLACE OF BEGINNING, being a tract of land 15 feet by 20 feet in dimensions.
Tract Ten:
All that certain land and premises lying and being situated in the CITY OF BRYAN.
! In Brazos County, Texas, and being Lots Six (6) and Seven (7) in Block Nine (9)
in said City of Bryan, according to the Map of said City in common use,
Tract Eleven:
All of the 20' alley running East and West in Block Nine (9) and all of the
20' alley running North and South in Block Nine (9). as conveyed to adjoining
Property owners by the City of Bryan in instruments recorded in Volume 117,
Page 138 and in Volume 181, Page 268. Deed Records of Brazos County, Texas.
SAVE AND EXCEDT that 3' x 125' strip adjoining the East end of Lots 5, 4 and
the North 25' of Lot 3 in Block 9.
a
.r "A"
I `
YGL--P PAGE-25-
~I
I
. I
I
1
1'he foregoing, minutes have.been examined and approved in
open Court this t:he ._L bk) _ day of _ •
J
- 9-L~~
198 1 , in Bryan, Brazos County, Texas.
i
r +
K. J. o mgreen Bill J. o ey
County Judge Connnissi er, Precinct
~ e
i
J Walter-Wilcox 40mmiss ear
Commissioner, Precinct 2 , P recinct 3
~ .r
t
tasny ran Boris e
Commissioner, P ecinct 4 County Clerk
F
r~