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HomeMy WebLinkAbout2006-01-17-6:00PM-REGULARBRAZOS COUNTY MU6 Ji,'1 i = + BRYAN,. TEXA6 F F: I i)ti NOTICE OF MEETING AND AGENDA 'BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 17 JANUARY 2006 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters. 2. Call for citizen's input and/or concerns. 3. Presentation regarding Delinquent Property Tax Collection activity for the period of October 1, 2005 thru December 31, 2005. Consider and take action on agenda items 4 - 21: 4. Budget Amendment 05/06-15.1 thru 05/06-15.3 5. Personnel Change of Status. 6. Payment of Claims. 7. Continuation or renewal of the Declaration of Local State of Disaster, as established with Brazos County Proclamation 06-001 under §418.108 of the Government Code. 8. Contract with Texas Voting Systems, Inc. for election services for the first and second Republican and Democratic Primary Elections on March 7 and April 11, 2006. 9. Appointed Officer bond for Bill Ballard, Statutory County Court Judge, as required by Texas Government Code §25.0006(a). 10. Out of state travel for Dr. Ekpe Okorafor (Information Technology Department) to attend training in Boston, Massachusetts. Dates of travel are 16-22 April 2006. Office of the County Judge • 300 East 2d' St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 3614503 VIL2! PAGE ~U Commissioners Court Agenda 17 January 2006 Page 2 11. Commissioners Court minutes for the following dates: a. I November 2005 Regular Meeting e. 18 November 2005 Special Meeting b. 8 November 2005 Regular Meeting f. 22 November 2005 Regular Meeting c. 15 November 2005 Regular Meeting g. 29 November 2005 Regular Meeting d. 18 November 2005 Emergency Meeting 12. Award of Bid 2006-013R, Herbicides and Surfactants, as follows based on best price: a. Alenza Methylated Seed Oil and Vegetable Based Seed Oil Concentrate b. Carso, Inc. Nonionic c. Red River Spec Arsenal, Journey and Roundup Pro Concentrate d. UAP Timberline Garlon 3A, Riverdale Weedestroy, Kemite S and Cide Kick II 13. Award of RFP 2006-009, Construction of the Justice of the Peace Pct. 3 and Constable Pct. 3 Courtroom and Office Complex, to JaCody, Inc. who provided the low bid. 14. Contract with JaCody, Inc. as contractor for the Justice of the Peace Pct. 3 and Constable Pct. 3 Courtroom and Office Complex. 15. Renewal of bid 2005-023, Mowing of County Rights of Way, as follows with no increase in price and new bid number of 2006-012R: Primary Vendor: Wellmann Enterprises Secondary Vendor: P-Ville, Inc. 16. Consulting Agreement with Ben Sanford & Associates, Inc. for services to be performed for the Justice of the Peace Pct. 3 office complex and courtroom telephone system, and the Constable Pct. 3 office complex telephone system. 17. Revised Final Plat of Taborosa Farms, 20.18 acres, M. L. Fulton League, A-17, Brazos County, Texas. Site is located in Precinct 2. 18. Permission to enter Eddie Ryan's property located off Steep Hollow circle for the purpose of replacing a roadway culvert to drain water from County right of way for the health, safety and welfare of the general public. Site is located in Precinct 2. 19. Request from Wickson Creek Special Utility District to construct a road bore in the right of way of Golden Mist approximately 700 ft. from its intersection with Roans Chapel Road for water line installation. Site is located in Precinct 3. 20. Real Estate Contract with the City of College Station for the sale of a 1.79 acre tract of land and a Public Utility Easement Interest in a 0.88 acre tract of land pursuant to the terms of the contract. 21. Payment authorization in the amount of $351.44 to Flower's Baking Company for the purchase of food items for the Jail. The invoice exceeded the amount of the purchase order. VOL % PAGE ao2a Commissioners Court Agenda 17 January 2006 Page 3 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Agency / Board / Committee reports by Court members. 25. Adjourn The Brazos Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 3614102. VOL 70 PAGE a, Z3 BRAZOS COUNTY BRYAN. TEXAS NOTICE OF ADDENDUM TO THE AGENDA +Ub i I i 7 G~ :'1• CLERA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY 17 JANUARY 2006 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): 1. Request from Research Valley Partnership for approval of a Cash Incentive of $10,000.00 for Lockard & White, in accordance with the performance agreement executed on 12 December 2005. 2. Brazos County Treasurer's Report for the following months: a. September 2005 corrected b. October 2005 c. November 2005 The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days prior to the meeting. To make arrangements, call (979) 3614102. Office of the County Judge • 300 East 200 St. . Suite 114 • Bryan, Texas 77803 . Fax: (979) 361-4503 VOL7(, PAGE 12 COMMISSIONERS' COURT REGULAR MEETING JANUARY 17, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos Center 3232 Briarcrest Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, January 17, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. He informed the Court that they conducted a sale last month and sold nearly every tract including those that hadn't sold previously. Vol '74 Page ?.~S Commissioners Court meeting January 17, 2006 2 The Court next considered Budget Amendment #05/06-15.1 through 15.3, which would reallocate funds for the JJAEP Academy Program, Community Supervision, and transfer funds from Contingency to Human Resources. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7015144 through 7015367 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the continuation or renewal of the Declaration of Local State of Disaster, as established with Brazos County Proclamations 05- 013 and 06-001 under Section §418.108 of the Government Code. On motion by the County Judge, seconded by Commissioner Vol °1 Page 0.2 Commissioners Court meeting January 17, 2006 3 Peters, the Court voted unanimously to continue with the Declaration of Local State of Disaster. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Texas Voting Systems, Inc. for services in connection with early vote and the republican and democratic primary elections to be held on March 7 and April 11, 2006. Cost to Brazos County will be Three Thousand Two Hundred Forty Five Dollars and No/100 ($3245.00). On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Texas Voting Systems, Inc. A copy of the contractual agreement is attached. The Court next considered acceptance of the Appointed Officer bond for Bill Ballard, Statutory County Court Judge, as required by Texas Government Code Section §25.006(a). On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the bond. A copy is attached. The next matter for consideration by the Court was a request submitted by Eric Caldwell, Director of the Information Technology Department approval for out of state travel for Dr. Ekpe Okorafor to attend training in Boston, Massachusetts April 16 through 22, 2006. On motion by Vol 7 ~ Page ~2a7 Commissioners Court meeting January 17, 2006 4 Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Director of the Information Technology Department and approved payment of out of state travel expense for Dr. Okorafor. The Court next considered approval of the minutes of the Commissioners' Court meetings held in November 2005 on the following dates: Regular Meetings - 1st, 8th 15th 22nd 29th Emergency Meeting - 18th Special Meeting - 18th On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the minutes as submitted. The Court next considered awarding Bid No. 2006-013R, Herbicides and Surfactants. Becky Stephens, Assistant Purchasing Agent, made the following recommendations: Alenza - Methylated Seed Oil and Veg Based Seed Oil Cone Carso, Inc. -NonIonic Red River Spec - Arsenal, Journey and Roundup Pro Conc. UAP Timberline - Garlon 3A, Riverdale Weedestroy, Kernite S and Cide Kick II On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted. A copy of the bid tabulation is attached. Vol Page .19 3 Commissioners Court meeting January 17, 2006 5 The Court next considered awarding RFP No. 2006-009, Construction of Justice of the Peace, Precinct 3 and Constable Precinct 3 Courtroom and Office Complex. Pat Howard, Purchasing Agent, recommended acceptance of the proposal submitted by JaCody, Inc. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to JaCody, Inc. A copy of the bid tabulation is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and JaCody, Inc. to construct the new Court Facility Justice of the Peace, Precinct 3 Complex. The cost to Brazos County will be $535,768.00. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with JaCody, Inc. A copy of the contractual agreement is attached. The Court next considered the renewal of bid 2005-023, Mowing of County rights-of-way. The Primary Vendor is Wellmann Enterprises and the Secondary Vendor is P-Ville, Inc. The prices remain the same for the additional year. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to renew Bid 2005-023, Mowing of Vol 7 Page ~2a 9 Commissioners Court meeting January 17, 2006 6 County rights-of-way. The new Bid Number is 2006-012R. A copy of the bid tabulation is attached. The Court next considered entering into agreement with the Ben Sanford & Associates, Inc. for counsel and assistance in the definition and solution of certain telecommunication problems for the Justice of the Peace, Precinct 3 and Constable Precinct 3 Courtroom and Office complex. Hourly fees are $125.00 plus expenses. Total fees for services shall not exceed $5,750.00 plus estimated expenses of $1,000.00 for a total of $6,750.00. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to enter into agreement with Ben Sanford & Associates and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The Court next considered approval of the Revised Final Plat of Taborosa Farms, 20.18 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and found it to be in order. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the revised final plat of Taborosa Farms, 20.18 Acres as submitted. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the Vol Page aid Commissioners Court meeting January 17, 2006 7 general public. The Road and Bridge Department requested permission to enter the private property of Eddie Ryan on Steep Hollow Circle in Precinct 2 to replace a roadway culvert to drain water from the county right-of-way. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for waterline installation in the right-of-way of Golden Mist approximately 700 feet from its intersection with Roans Chapel Road. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was consideration of a real estate contract with the City of College Station (buyer) for the sale of a 1.79 acre tract of land and a Public Utility Easement in a 0.88 acre tract. Purchase price for the property is sixteen thousand seven hundred eighty three and no/100 dollars ($16,783.00). On motion by Commissioner Vol -2 (e Page o23 Commissioners Court meeting January 17, 2006 g Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the real estate contract. A copy is attached. The Court next considered a payment authorization to Flower's Baking Company/Butterkrust Bakery, Inc. in the amount of $351.44 for the purchase of food items for the jail. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve payment. The next matter before the Court was an addendum to the agenda. The County Judge asked to take the addendum out of order and consider item number 2 first. The Court proceeded to consider the Brazos County Treasurer's Reports for the months of: September 2005 corrected October 2005 November 2005 The County Judge asked the Treasurer to clarify the correction of the September 2005 report. Mrs. Hamilton explained that the change in banks was the issue. Commissioner Mallard asked about the interest amount at which Mrs. Hamilton replied that it had been increasing. She said she would let the Court know what the amount was. The County Judge moved to approve the reports. Commissioner Peters seconded the motion and it carried unanimously. A copy of each report is attached. Vol ? ~ Page -)3 Commissioners Court meeting January 17, 2006 9 The next matter before the Court was a request from the Research Valley Partnership for approval of a cash incentive of $10,000.00 for Lockard & White. Mr. Bob Malaise, representative of the Research Valley Partnership gave an update on the economic development agreement and the company. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to approve the request. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Reminded everyone of the CUC meeting on Thursday at noon. The County Judge reminded everyone that Commissioner Mallard's name is in the hat for the policy committee. b) Last week he had a good meeting on Subdivision and Development Regulations. They are trying to develop a plan and would like a workshop with the Court to develop a direction for the next twenty (20) years. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) The Research Valley Partnership Airport Subcommittee met in the new offices that are really nice. American Airlines is cutting service down from six (6) flights Vol 7~ Page 0? 33 Commissioners Court meeting January 17, 2006 a day to three (3) . Colgan Airlines is picking up more flights to help offset the reduction. They plan to meet with American to see what can be done. This has nothing to do with Easterwood Airport but a feud with Southwest Airlines. County Judge a) He will be attending a meeting today with the Research Valley Partnership to discuss how the community wants to attract new businesses. There being no further business to come before the Court, the meeting was adjourned. 10 Vol Page a 3q The foregoing minutes of the Commissioners Court meeting held Januar y 17, 2006 have been examined and are approved in open Court this the & day of , 2006, in Bryan, Brazos County, Texas. !'~FQ!/0~ ~G~t~LQI/LNiL~Ltc~-~ Randy Si Lloyd Wassermann County udge Commissioner, Precinct 1 Duane Peters ZN- Commissioner, Precinct 2 arey C u ey, Jr. Commis Toner, Pre in t 4 Attest: L ~l K ren McQueen County Clerk Kenny Mallarl Commissioner l 3 Vol ~ (0 Page 1236 r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ~U 17 200& AT laName lanization/Department % 14 IS C. t d^'~ I Al ts n n l/1M/Yne.~~ t n7 D. 11n O On .Y VOL 76 PAGE r BRAZOS COUNTY COMMISSIONERS COURT VOL 7(~ PAGE ) 3 7 MEETING ON 200co ~J- ~t Y, BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-15.1 thru 05/06-15.3 On this the l 7th day of January 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct ] E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 17 January 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 17'" day of January 2006. THE CONIMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 7(o PAGE o?3 S' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 -15.1 VOL7(o PAGE 23'/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 -15.2 1/17/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 26001000 67342000 CR Furniture 490.00 0100 26001000 60360000 DR Furniture 490.00 Communi Supervision Support: To reallocate funds for the purchase of a chair to the appropriate account per CSCD's request. According to the new County policy, the purchase of furniture with unit cost less than $500.00 should be charged again t account 60360000 in departmental support cate o i VOL~PAGE 4~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 -15.3 r 117/l nn< FD 0100 0100 DIV 11001500 15000100 ACCT 61130000 51610000 PROJ : tT crease ,427.20 W Human Resources: To provide funds for reclassification of an open position in HR It has been approved b the 1-10-2006 Commissioners' Court that the position will be chan Group 12, St 2 to Group 17, St 2. The budget amendment is to provide the additional fundin for the chan a of rou on the osition. 1 ed from NMI, '7 t VQL 0 PAGE a PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 17, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To JP Pct. 2.1 Blanford, Calean Resignation Human Resources Rodriguez, Beatrice Completed Probation County Attorney Ballard, William Transfer to Another Dept. SO/Jail Swann, Keegan New Hire Knell, Joseph Resignation Building Maintenance Chambers, Myron New Hire Garcia, Patrick New Hire Tax Office Rivera-Palma, Vanessa Completed Probation Underwood, Mellisa Completed Probation Portillo, Heather Resignation Schumacher, Bonnie Resignation Pobletts, George Transfer within Dept. Saladin, Sherrie Transfer within Dept. Approved in Commissioners' Court: January 17, 2006: County Judge's or Commissioner's Signature: _ le, (This Copy to be attached to minutes) / L-77f a ya I BRAZOS COUNTY BRYAN, TEXAS Continuation or renewal of the Declaration of Local State of Disaster, as established with Brazos County Proclamations 05-013 and 06-001 under §418.108 of the Government Code The continuation of a local state of disaster was approved by the Brazos County Commissioners Court based on the continued imminent threat of severe damage, injury or loss of life or property resulting from the threat of wildfires due to drought and other weather related conditions. Sims, County Judge date Office of the County Judge . 300 East 26'" St. . Suite 114 . Bryan, Texas 77803 • Fax: (979) 361-4503 VOL-2P PAGE a q3 THE STATE OF TEXAS § COUNTY OF BRAZOS § This contract made and entered into this the day of Tnnl tare , 2006 by and between TEXAS VOTING SYSTEMS, INC., a Texas Corporation, and the COUNTY OF O BF~OS, State of Texas. WITNESSETH: Whereas, Texas Voting Systems, Inc. is in the business of selling election services and supplies; and Whereas, BRAZOS COUNTY is desirous of employing the services of TEXAS VOTING SYSTEMS, INC. in connection with EARLY VOTE for the FIRST AND SECOND REPUBLICAN AND DEMOCRATIC PRIMARY ELECTION to be held on March 7 and April 11, 2006 in Brazos County, Texas; Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it is agreed that: TEXAS VOTING SYSTEMS, INC. will provide the following: Pre-define fifty-four (48) eSlates and five (5) JBC's for the First Primary and thirty-six (36) eSlates and five (5) JBC's for the Second Primary. Deliver and set up the equipment to the five Early Vote locations. Pick up and return equipment to the warehouse after the First and Second Primary elections II The consideration to be paid by BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for the services by said corporation for the FIRST AND SECOND REPUBLICAN AND DEMOCRATIC PRIMARY ELECTIONS to be held on March 7, and April 11, 2006 is THREE THOUSAND TWO HUNDREF FORTY- FIVE DOLLARS AND NO/100 ($3,245.00) IN WITNESS WHEREOF, the parties have hereunto set their hands, this the day and year first written above. COUNTY CLERK OF BRAZOS COUNTY Ww•_- L K n McQueen CO G F $y .Y~NTY Randy Sims ATIm ions 2:B Co 2006 Primary Early Vote.Can TEXAS VOTING SYSTEMS, INC. Hillie D. 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B to rn ~ p ~ w A < I ' 'w 'v ' fD G ' I a ~ o o t FO v, O 0.' w O 0. w n w o o y ' . p O w~ p w~ vi ,y } O II O 0 G w y p O s II y O ~I y _ o ` < i m s II y n N tc N n < m 'fl w ry N O w w 0 ^n ° b x c a o o 5 0 o w 5. 0 3 ` p n O 0 n 'n y 17 b < v, 0 h II co rn ° ~ ~ ° i O is a~ 3~ O = i o a o a o a O ~I H ~ N mpa nano V~L 6P GE_?-ff f#' ~ C/I 0 X z C) C4 C a ^C Z 2 n x ?7 c~ G D TI 1 9 9 7 ED IT I ON AIA DOCUMENT A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM A G R E E M E N T made as of the Seventeenth in the'year Tvm Thousand Six (In words, indicate day, month and ),ear) BETWEEN the Owner: (Name, address and other information) Brazos County 300 E. 26th Street Bryan, Texas 77803 day of January This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. and the Contractor: (Name, address and other information) JaCody Inc 10770 SH 30, Suite 400 College Station, TX 77845 The Project is: (Name and location) A New Court Facility for Brazos County J .P. Omplex, Precinct 3 100 Anderson street College Station, Texas The Architect is: (Name, address and other information) Patterson Architects 701 S. Texas Avenue Bryan, Texas 77803 The Owner and Contractor agree as follows. iopyngnr 191,N, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. VOL 7 (o PACE ~2 4 1 AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ~!J 45i 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representa- tions or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the reg on ibjlity f of rs or I The following items will modify the Work descrm 3.n tlt Cc~itract Bglancing for HVAC System will-be provided "in House" by HVAC Subc ray be used where allowed by code or project requirements. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechan- ic's liens and other security interests, the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Eighty (180) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) 15 July 2006 s I3. Testing/ r 2W Cable , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) "The work to be performed under this Contract shall be ampleted wSda. 180 calendar days after the date of the written Notice to Proceed shal l be the date inserted on page 1 of the agreement, or by such thereafter as may be established in any written extensions granted , . Article 8 of the General Conditions. As a part of the consideration °o inducing the Owner to execute this contract, the Owner =may deduct frW997 A I A 8 the final payment to the Contractor a sum equal to 300.00 per day fOxIA DOCUMENT AIOI-1997 each and every calendar day beyond the agreed date that the ContractiourNER-CONTRACTOR shall require'. for Substantial Completion of the work included in tht§REEMENT contract. Said sum shall be considered as liquidated damages only and in no sense shall be considered a penalty, said damage being caused by The American Institute additional carpensation to personnel, for loss Of interest On morey 177Architects 35 New York Avenue, N.W. and other miscellaneous increased costs, all of which are 7' Washington, D.C. 20006-5292 difficult to exact ascertainment." VGL_ 6, PAGE 0 SP WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Hundred Thirty Five Thousand Seven Hundred Sixty Eight Dollars (s 535,768. 00 subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) The Contract Stmt above in paragraph 4.1 DOES include the following alternates: Alternate No. 1 Permanent Project Sign $9,779.00 Alternate No. 2• Stone Veneer $9,020.00 Alternate No. 3 Shingles ($26,000.00) 4.3 Unit prices, if any, are as follows: ARTICLES PAYMENTS 5.1 PROGRESS PAYMENTS 5,.1.1 Based upon Applications for Payment. submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents, 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.13. Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment to the Contractor not later than the Wenty-first (21st) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, pay- ment shall be made by the Owner not later than Thirty (30) days after the Architect receives the Application for Payment. issues a Certificate 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submit- ted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architec shall be used as a basis for reviewing the Contractor's Applications for Payment. or' Lwner, VOL 7~ PAGE a51 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. N 0 01997 AIA® AIA DOCUMENT A1014997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress pay- ment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as deter- mined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of val- ues, less retainage of five percent ( 5 Pending final determi- nation of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2o1-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5 3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total pay- ments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior. to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) None 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibil- ity to correct Work as provided in Subparagraph 12.2.2 of AIA Document A2ol-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. VOLj~_PAGE a S a WARNING: Unlicensed photocopying violates U.S. copyright laws and will subtle the violator to legal prosecution. vazm~~ 0 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after the issuance of the Architect's final Certificate for Payment, or as fells" and approved by the Owner. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2o1-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2ol-1997• ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A2o1-1,497 or, another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.). (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owners and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Name, address and other information) Kenny Mallard Brazos (bratty Coirnlissioniar 330E. 26th Skreet Bryan, TX 77803 7.4 The Contractor's representative is: (Name; address and other information) Wick McKean JaCody Inc. 10770S.H. 30, Suite 400 College Station, Texas 77845 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days' written notice to the other party. 7.6 Other provisions: IIII 0 0 o. .o 01997 AIA® AIA DOCUMENT AI01-1997 OWNER-CONTRACTOR AGREEMENT VOL 7k PAGE QS3 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal pnisecvtlon. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document Ann-1997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A2o1-1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated October 2005 , and are as follows: Document • Title Pages Refer to "Exhibit A" for a list of supplementary and other Conditions of the Contract contained in the Project Manuak.- 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages Romer to "Exhibit A" for the list of Specifications confined in the Project Manual. 8.1.5 The Drawings are as follows, and are dated October 2005 different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date unless a Refer to "Exhibit B" for the list of Drawings for thi project. occvw C~_ 01997 AIA® AIA DOCUMENT AI01-1997 OWNER-CONTRACTOR AGREEMENT V000 PAGE aS-q WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 70006-5292 8.1.6 The Addenda, if any, are as follows: Number Date Pages One (1) 22 November 2005 Twenty Three (23) Two (2) 12 December 2005 Four (4) Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents. that. are intended to form part of the Contract Documents. AIA Document Asor-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractors bid are not part; of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) None ARTICLE 9 - PERFORMANCE AND ENFORCEMENT 9.1 This agreezllent is perforMble and enforceable in Brazos County, Texas. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies; of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner, /L- C O N T R A C T O R (signature) JaCody Inc. Randy Sims, County Judge Wick McKean, President (Printed name and title): (Printed name and title) i j. CAUTION: You should sign an original ALA document or a licensed reproduction. Originals contain tkeAlA logo printed in red, licensed reproductions are those produced in accordance with the Instructions to this document. 01997 AIA® AIA DOCUMENT A1014997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 VOL - (r RAGE 255 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal pmsacution. „EXHIBIT A„ TABLE OF CONTENTS Project No. 2516 SECTION DESCRIPTION PAGES DIVISION 00 BIDDING AND CONTRACT REQUIREMENTS Advertisement Request for Proposals 00700 General Conditions of Contract (AIA Doc. A201, preprinted) 1 00800 Supplementary Conditions 11 DIVISION 01 GENERAL REQUIREMENTS 01010 Summary of Work 2 01011 Notification of Architectural Requirements 1 01015 Drawings and Specifications 2 01020 Allowances 3 01050 Job Requirements 3 01080 Building Codes I 01100 Alternates 1 01300 Submittals 5 01410 Testing Laboratory Services 4 01500 Temporary Facilities 6 01640 Substitutions 2 01700 Project Closeout 4 DIVISION 02 SITEWORK 02010 Subsurface Exploration 4 02100 Site Clearing 3 02110 Demolition 3 02200 Earthwork 9 02219 Structure Excavation 4 02280 Termite Control 4 02520 Site Concrete Work and Paving 10 02600 Site Utilities 7 02810 Underground Irrigation System 6 02900 Landscape Work 5 DIVISION 03 CONCRETE 03100 Concrete Formwork 5 03200 Reinforcing Steel 4 03300 Cast-in-Place Concrete 14 VOC-7~ PAGE aS(P "EXHBIT A" Page 2 SECTION DESCRIPTION PAGES DIVISION 04 MASONRY 04100 Masonry Mortar 3 04150 Masonry Accessories 2 04200 Unit Masonry 6 04430 Stone Masonry 5 DIVISION 05 METALS 05500 Metal Fabrications 7 DIVISION 06 WOOD AND PLASTIC 06100 Rough Carpentry 6 06192 Fabricated Wood Trusses 4 06200 Finish Carpentry & Millwork I i DIVISION 07 THERMAL AND MOISTURE PROTECTION 07150 Damproofing and Waterproofing 5 07200 Thermal Insulation 3 07310 Shingles 5 07420 Composite Building Panels 4 07600 Flashing and Sheet Metal 5 07610 Metal Roofing g 07900 Sealants 4 DIVISION 08 DOOR AND WINDOWS 08110 Metal Doors and Frames 5 08213 Plastic Faced Doors 4 08410 Aluminum Entrances and Storefronts 4 08520 Aluminum Windows 3 08700 Finish Hardware 5 08800 Glazing 5 DIVISION 09 FINISHES 09250 Gypsum Wallboard 5 09310 Ceramic Tile 4 09510 Acoustical Ceilings 4 09650 Resilient Flooring 6 09680 Carpeting 5 09900 Painting 10 u7~ PHrr 0 57 "EXHIBIT A" Page 3 SECTION DESCRIPTION PAGES DIVISION 10 SPECIALTIES 10100 Markerboards 4 10200 Metal Louvers 2 10400 Identifying Devices and Graphics 3 10522 Fire Extinguisher Cabinets and 3 Fire Extinguishers 10800 Toilet accessories 4 DIVISION 11 EQUIPMENT (Not Used)- DIVISION 12 FURNISHINGS 12502 Horizontal Blinds 3 DIVISION 13 SPECIAL CONSTRUCTION (Not Used) DIVISION 14 CONVEYING SYSTEMS (Not Used) VOL7 ~ PAGE o2 S y JP COMPLEX "EXHIBIT B" COVER SHEET A0. I GENERAL INFORMATION SHEET A0.2 TAS REQUIREMENTS A0.3 TAS REQUIREMENTS (CONT'D) Cl FIRE HYDRANT ADDITION PLAN C2 GRADING PLAN ALL SITEPLAN A1.2 SITE DETAILS All DETAILS A4.1 EXTERIOR BUILDING ELEVATIONS A4.2 BUILDING & WALL SECTIONS A4.3 WALL SECTIONS A5.1 MILLWORK ELEVATIONS A5.2 MILLWORK DETAILS A5.3 MILLWORK DETAILS A6.1 REFLECTED CEILING PLAN & DETAILS LS 0.1 LANDSCAPE PLAN S1.1 FOUNDATION PLAN/DETAILS MI MECHANICAL PLAN M2 MECHANICAL DETAILS M3 MECHANICAL DETAILS E1 ELECTRICAL POWER PLAN E2 ELECTRICAL LIGHTING PLAN E3 ELECTRICAL DETAILS E4 ELECTRICAL DETAILS E5 ELECTRICAL DETAILS P1 PLUMBING WASTE PLAN P2 PLUMBING SUPPLY PLAN P3 PLUMBING DETAILS EC1 ENGERY CODE COMPLIANCE VOL7~_FAGE ash RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2005- 023, Mowing of County Rights of Way, in accordance with all terms and conditions previously agreed to and accepted.. The new bid number will be Bid 2006-012R. I understand this agreement will be for the period of April 30, 2006 through April 29, 2007. WELLMANN ENTERPRISES hhdr t zed Signature BRAZOS COUNTY APPROVED: Randy Sin)s, County Judge 1,2 -ice e2 s Date l/l Oulu Date VOL2k PAGE a (oa RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2005- 023, Mowing of County Rights of Way, in accordance with all terms and conditions agreed to and accepted as part of Bid 2005-023. The new bid number will be Bid 2006-012R. I understand this agreement will be for the period of April 30, 2006 through April 29, 2007. P-VILLE, INC. jAu on ed Sig ture BRAZOSCOUNTY County Judge 9-1)(0 Date I /l aLk:* Date VOL I(o PAGE J101 APPROVED: lu x. 0 LO 3 L l u, to) g`U 0 0 ZO 0 0 w U rn to W J <A to Q a w C Q w z ~ z m z 0 w o Q 0 0 Z 0 O J p w a a o w \ 171 F- w O Z 0 } Q m o L C U n»- a z z o a O 3 a o' o 0 lli w O a G J J Z a U Q ; w w Z ~ a6' 0a Q 0 OU ~U L U L) CL W nom. Z LL LL y VOL Fh~L a lea CONSULTING AGREEMENT THIS AGREEMENT, effective on the countersigned date below, is by and between Ben Sanford & Associates, Inc., hereinafter referred to as CONSULTANT, and Brazos County, hereinafter referred to as CLIENT. WITNESSETH WHEREAS, CLIENT is desirous of obtaining advice, counsel and assistance in the definition and solution of certain telecommunication problems it has now, or anticipates encountering in the future; and WHEREAS, CONSULTANT possesses the experience, expertise, familiarity with the industry and capacity to fulfill said need of CLIENT, and is willing to assist CLIENT as herein described for the fee set forth; NOW THEREFORE, for and in consideration of these premises, the mutual promises and covenants contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: CLIENT HEREBY engages CONSULTANT for the period of twelve (12) months to render the CLIENT such consulting services as are more particularly described in the attached "Exhibit A", which services CONSULTANT agrees to render to CLIENT on the terms and conditions set forth. 11 CLIENT AGREES to pay CONSULTANT, for said consulting services, a fee as enumerated in "Exhibit B". CLIENT shall authorize CONSULTANT to deal with applicable vendors by written Letter of Agency. III A CREDIT CHARGE of two percent (2%) per month on the unpaid balance shall be charged to CLIENT on all invoices remaining unpaid for more than thirty (30) days, and all costs of collection, including reasonable attorney fees and expenses, shall be borne by the CLIENT in the event any invoices are not paid-in a timely manner. IV THIS AGREEMENT SHALL constitute the entire agreement of the parties, shall inure to the benefit of the parties hereto, their heirs and assigns forever, and any amendment, modification, or alteration shall be of no force and effect unless embodied in writing and executed by the parties concerned. Signatures below must be dated within sixty days of one another. Offered By: S. Ben Sanford Ben Sanford & Associates. Inc. Company President 11510 f. Title Date Gl.7~Q PAGE in+s. Svc C I /12:" Title f Date SERVICES TO BE PHASE I HOURS 1. Station Equipment 4 -A. Confirm Equipment Inventory B. Review Building Issues C. Architectural Input D. Estimate Pricing for Budget II. Station User Requirements 5 A. Interviews B. Evaluate Interviews C. Assess Equipment/Feature Needs D. Assess Voice Mail and Messaging Needs E. Explore Alternative Methods III. Traffic Study- Already Completed 0 A. Review Vendor or Telco Studies B. Review Network Costs C. Analyze Data D. Recommend Appropriate Changes PHASE II IV. System/Network Design - Tel, VM, Auto Att 6 A. Design _System Requirements B. Design Network C. Submit Design Proposal for Approval V. Equipment Acquisition 21 A. Prepare Proposal Documents B. Release Request for Proposal C. Handle Vendor Questions/Issues D. Evaluate Vendor7tesponses E. Present Report F. Approve Vendor Contract PHASE III VI. System/Network Implementation 10 A. Conduct Coordination Meetings. B. Approve Cable and Station Equipment C. Accept Switch and System Sottware D. Verify Trunking and Network Services E. Approve Any Peripheral Equipment F. Observe Training and Documentation G. Assist with Verizon Orders TOTAL 46 VOL2PAGE a &4 EXHIBIT B FEE SCHEDULE Hourly fees are $125, plus expenses (including travel, meals, lodging, long distance, postage, printing, and other misc. items). Automobile travel shall be expensed at .55 per mile. Total Fee for Services Shall Not Exceed $5,750 (46 hours), plus estimated expenses of $1,000, for a total of $6,750. Invoices shall be rendered monthly, or at completion of major tasks. Expenses are for an estimated two trips. If the number of Vendor Proposals exceeds five (5), then each additional proposal analysis shall be invoiced for 5 hours at $125.00 each, or $625. Additional proposals shall be accepted only with prior approval of Client. Any additional hours requested by Client shall be billed at the same hourly rate, plus expenses. FEE INCLUDES A ONE YEAR FOLLOW-UP FOR ANY RECOMMENDED PRODUCTS OR SERVICES Initials: BSA_ Client VOL74( PAGE a66 it / BRAZOS COUNTY P COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: Januarv 17, 2006 ITEM: Request for permission to enter Eddie Ryan's property located off Steep Hollow Circle for the purpose of replacing a roadway culvert to drain water from county right of way for the health, safety and welfare of the general public Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: Site will be maintained as needed for drainage purposes. SUBMITTED Y: Richard F. Vance, P.E. County Engineer 0006-003 This Request is Date: I A-) APPROVED BY: AO L Commissioner E. Duane Peters Precinct 2 L 'or) Denied by Commissioners' Court Randy Sims; County Judge VOL?(P PAGE z? 406 S~Y1.~ OFD T J t f ~~1.Tyx>o 6„erP,p~o BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Burs Brazos County Judge Lloyd Wassemen Comrissloner Pd 1 Duane Peters Comrrissioner Pd 2 Kenny Mallard Corrarissloner Pd 3 Carey Cauley CamNssioner Pd 4 DATE: 1 - 1I - D i6` LAND OWNER AND ADDRESS: &&-f iexa,1r-- `'79 - ~ g- J) ~sr ( /0"y- S (~T'i~L9o/~., ~ 3"vim Ty LOCATION OF WORK: III. DESCRIPTION OF /WORK TO BE DONE: / AE!)/Co- P.Lrl~d6C /icyN~r/i OnnX`r).Q•N i/.dd/F.'.i~. Ami.r/.G~ /~//.G~.n/'" /1JA.ci IV. MAINTENANCE YES Z' NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: A 4&-C-Z( A w r will be notified prior to maintenance.) Richard F. Vance, P.E. Engine Ai Foreman fight of Way Agent County Engineer Owner's Signature: ~ Date: VOLZPAGE 20 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: January 17, 2005 ITEM: Request from Wickson Creek Special Utility District to construct a road bore in the right of way of Golden Mist approximately 700 ft. from its intersection with Roans Chapel Road for water line installation. Site is located in Precinct 3. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of- way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUB T BY: APPROVED BYE: anij f ►~J Ri and F. Vance, P. E. Commission r Cenny Ma a d County Engineer Precinct 3 0006-004 This Request is Approved M X1 Denied ❑ by Commissioners' Court Date: County Judge ` OLO &PAGE -?(og REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek Special Utility District proposes to place a (type) Waterline within x across_ the right-of-way of (road) Gaaaoa xj-,.t in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 16 day of January 2006 . Firm: Wic on Creek Special Utility District By: l~ Title: General Manager Address: E. 0- Box 4756 Bryan, Texas 77805 Phone: 979-589-3030 APPROVED BY COMMISSIONERS' f,wt~/ Arno / //ltd to Pr~~F. 3 Randy Sys, County Judge VOL AP 'AGE o16-9 VUL7 (p PAUGE a70 o' u ~d 00R TI s a LY~I 4 0 81 r ow_- n M o~ o c ill lvoL °74,1 -7l s Q l9 QQd Q~ O 0 Q~ ~ C? v ~ 3 ~ 34 REAL ESTATE CONTRACT THIS CONTRACT OF SALE is made by and between BRAZOS COUNTY, ("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 AND 17 public utility easement and BUYER agrees to purchase and pay for: FEE SIMPLE INTEREST IN 1.79 ACRE TRACT: Being all that certain 1.79 acre tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos County, Texas, being a part of that tract described in Quit Claim to Brazos County, Texas, and recorded in Volume 272, Page 425 of the Deed Records of Brazos County, Texas, and being more more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. AND PUBLIC UTILITY EASEMENT INTEREST IN 0.88 ACRE TRACT: Being all that certain 0.88 acre tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos County, Texas, being a part of the Abandoned I&GN Railroad Right-of-Way described in Quit Claim to Brazos County, Texas, recorded in Volume 272, Page 425 of the Deed Records of Brazos County, Texas, and being more more particularly described in Exhibit "B" attached hereto and made a part hereof for all purposes. hereinafter called "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, but excluding Seller's interest in the mineral estate of 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. Likewise, this Contract is subject to an affirmative vote of the Brazos County Commissioners Court approving such sale on terms described herein. 1.2 BUYER has requested BRAZOS COUNTY ABSTRACT COMPANY to furnish a Commitment for Title Insurance (the "Title Commitment") to insure title to the BUYER for BUYER's review together with legible copies of all instruments referred to in the Title Commitment. The BUYER shall request the title company to furnish these items to BUYER within fifteen (15) calendar days of the date of this Contract. BUYER shall have a period of five (5) business days (the "Title Review Perio(f") 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 are 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 Page I Contract No. L L Initial VOL -2 4 PAGE .2 7a Company and to SELLER, in which case the 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 of BUYER'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 are 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, Public Utility Easement or Right- of-Way Agreement. Check if applicable: r- 1.4 <Deleted> 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 dale and shall be adjusted in cash at the closing. 1.6 The sale of the PROPERTY shall be made by a r Special Warranty Deed AND Public Utility Easement from SELLER to BUYER in the form prepared by BUYER attached hereto as Exhibit "C" (Special Warranty Deed) and "D" (Public Utiltity Easement). ARTICLE II PURCHASE PRICE 2.1 The purchase price for said PROPERTY shall be the sum of SIXTEEN THOUSAND SEVEN HUNDRED EIGHTY THREE AND NO1100 DOLLARS ($16,783). The purchase price shall be payable in full at closing. BUYER agrees to deposit with Brazos County Abstract Company the sum of FIVE HUNDRED DOLLARS ($500) to bind this sale. ARTICLE III REPRESENTATIONS AND WARRANTIES OF SELLER 3.1 SELLER hereby represents and warrant to BUYER as follows: (a) SELLER has the full right, power, and authority to enter into and perform its obligations under this Contract. (b) <Deleted> (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. Page 2 Contract No. Initial VOL 71p PAGE a 73 4- (d) <Deleted> (e) <Deleted> M SELLER has no actual knowledge that SELLER has not complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the PROPERTY 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) <Deleted> (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). 0) 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 materiahnen's or other statutory lien against the PROPERTY, or any part thereof, or for which BUYER will be responsible. ARTICLE IV 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 COMPANY, 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: (a) Deliver to BUYER the duly executed and acknowledged r Special Warranty Deed as set forth on Exhibit "C" attached hereto and made a part hereof for all purposes, AND P Public Utility Easement as set forth on Exhibit "D" attached hereto and made a part hereof for all purposes 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 (select one) 17'BUYER's r~ Contract No. Page 3 1rOL Initial PAGE X7 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 r fee simple interest AND easement interest P- 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 any and all required property taxes and prorated taxes for the year 2005. (e) Pay the SELLER's expenses and attorney fees. (f) - (1) <Deleted> 5.3 Upon such performance by SELLER at closing, BUYER shall: (a) Pay the balance of the purchase price. (b) Prepare, at its cost, the " Special Warranty Deed W Public Utility Easement (c) Pay the BUYER's expenses or attorney fees. (d) Pay the additional premium for the surveylboundary deletion in the title policy, if the deletion is requested by BUYER (e) Pay the costs of work required by BUYER to have the survey reflect matters other than those required under this contract. (f) W Pay the escrow fees. (g) r <Deleted> (h) r Pay the title insurance. (i) r Pay the costs to obtain, deliver and record all documents other than those to be recorded at SELLER's expense. ARTICLE VI SPECIAL CONDITIONS NONE ARTICLE VII BREACH BY SELLER 7.1 In the event SELLER fails to fully and timely perform any of their obligations under this Contract or fail 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. Contract No. Page 4 Initial VOL 7 (I PAGE a 7s 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 below: SELLER: BRAZOS COUNTY % Linda Muegge Brazos County Road and Bridge 2617 Highway 21 West Bryan, Texas 77803 Phone (for reference): 979/822-2127 Mobile Phone (for reference) E-Mail Address (for reference) BUYER: 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 assigns. The persons executing this Contract do so in their capacities as set forth below and in no other capacity whatsoever, and such persons shall have no personal liability for executing this Contract in a representative capacity. All such liability is limited to the principal for which they 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 terns 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 ambiguities 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 parties and supersedes any and all prior understandings or written or oral agreements between the parties 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. 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 versa, 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. ©a Contract No. Page 5 Initial VOL74 PAGE ~2 7(o 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 SELLER: / BRAZOS UNTY BY: RANDY SIMS, unty Judge Date: III 44n:u, 200 BUYER: CITY OF COLLEGE STATION BY: GLENN BROWN, Interim City Manager Date: ATTEST: KAREN IsQUEEN, County Clerk Date: J-/ Pb APPROVED: JEFF KERSTEN, Director of Fiscal Services Date: City Attorney THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the day of 200, by GLENN BROWN, as Interim City Manager 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 BRAZOS§ ACKNOWLEDGMENT This instrument was acknowledged before me on the 10-L day of 5a-A 12AA 200 , by RANDY SIMS as County Judge of BRAZOS COUNTY, TEXAS, on behalf of said County y.+ DEBBIE LOCKt.EDOE JuL.v "0 wo~ NOT RY PUBLIC in and for IgTARIPIlIICZI9E0I1EIfM colossi" I1l1"tl: the STATE OF TEXAS Page 6 Contract No. Initial ~~CC VoI.2~, PAGE a7`7 1EXHIBIT "All Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 (979) 690-3378 Jones-Butler Road Right-of-Way Brazos County Parcel Crawford Burnett League College Station, Texas 6 March 2003 All that certain tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos County, Texas, being a part of that tract described in Quit Claim to Brazos County, Texas, and recorded in Volume 272, Page 425 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Commencing at a %2" iron rod found at the most easterly comer of Lot 2 Block "A" of Holleman Village Addition as described by plat recorded in Volume 3613, Page 285 of the Official Records of Brazos County, Texas, in the northwest line of the said TLS Properties, Ltd. tract. Thence N 41° 27' 46" E - 45.00 feet along the southeast line'of the said Holleman Village Addition to the most easterly corner of same; Thence S 53° 15' 37" E - 96.61 feet along the line between the said TLS Properties, Ltd. tract and that 47.27 acre tract conveyed to Mohawk, Ltd. by deed recorded in Volume 326, Page 869 of the Deed Records of Brazos County, Texas, to the most southerly comer of the said Mohawk tract which is the Point of Beginning of this tract; Thence S 49° 56' 51" E - 86.66 feet along the northeast line of the said TLS Properties tract to an angle point; Thence S 220 03' 25" E - 235.11 feet along the southwest line of the abandoned I&GN Railroad Right-of-Way to a %2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set in the southwest line of the proposed Jones-Butler Road right-of-way; Thence along the arc of a counterclockwise curve (R=1684.66'; Delta = 12° 30' 54") along the proposed southwest right-of-way line, the chord of which bears S 28° 18' 52" E- 367.24 to a %2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the end of said curve; Thence S 22° 03' 25" E - 290.87 feet continuing along the proposed southwest right-of- way line of Jones-Butler Road to a %z" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set in the northwest right-of-way line of Harvey Mitchell Parkway (FM 2818); Jones-Butler Road Brazos County Tract Page I of 2 VOL7~ PAGE )78 Thence N 88° 19' 05" E - 5.72 feet along the said northwest right-of-way line of Harvey Mitchell Parkway to an angle point from which a disturbed concrete right-of-way marker was found S 13° W - 0.9% Thence S 88° 41' 50" E - 92.20 feet continuing along the northwest right-of-way line of Harvey Mitchell Parkway to a %2" iron rod with an orange plastic cap stamped "H.P. Mayo IZPLS 5045" set for the most easterly comer of this tract; Thence N 22° 03' 25" W - 329.42 feet along the proposed northeast right-of-way line of Jones-Butler Road to a''/x" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the beginning of a curve to the left (R= 1774.66'); Thence along the arc of said curve through a central angle of 22° 46' 16", the chord of which bears N 33° 26' 33" W - 700.67 feet, to a iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set in the southeast line of the said Mohawk, Ltd. 47.27 acre tract; Thence S 50° 30' 48" W - 33.80 feet along the southeast line of the said Mohawk tract to the Point of Beginning and containing 1.79 acres of land more or less. Bearings are Texas State Plane, Central Zone, as determined by GPS observations using City of CS 1994 GPS monuments. Jones-Butler Road Brazos County Tract Page 2 of 2 Vo~~~ PRE a 7 9 jone7,,:- EXHIBIT °B" Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 (979) 690-3378 Old I&GN Right-of-Way Adjoining Navajo, Ltd & Cherokee, Ltd.. Crawford Burnett League College Station, Texas 3 May 2005 All that certain tract or parcel of land lying and being situated in the Crawford Bumett League in College Station, Brazos County, Texas, being a part of the Abandoned I&GN Railroad Right-of-Way described in Quit Claim to Brazos County, Texas, recorded in Volume 272, Page 425 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning in the northwest right-of-way line of FM 2818 at the most southerly corner of that 7.76 acre tract conveyed to Navajo, Ltd. by deed recorded in Volume 337, Page 500 of the Deed Records of Brazos County, Texas,. Thence N 880 41' 50" W - 3.05 feet along the said FM 2818 right-of-way line to a iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set for the most southerly corner of this tract; from which a concrete right-of-way marker was found S 88° 41' 50" E - 157.5'; Thence N 22° 03' 25" W - 329.42 feet through the said railroad right-of-way to a %2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the beginning of a tangent curve to the left (R=1774.66'); Thence along the arc of said curve through a central angle of 220 46' 16" to a %2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set for the most westerly comer of this tract; Thence N 50° 30' 48" E - 148.83 feet through the said Quit Claim tract to Brazos County to a %2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set in the southwest line of that 14.58 acre tract conveyed to Cherokee, Ltd. by deed recorded in Volume 323, Page 735 of the Deed Records of Brazos County, Texas; Thence S 22° 13' 08" E - 385.98 feet along the southwest line of the said Cherokee, Ltd. tract to a 3/I' iron rod found (1983) at the common corner the said Navajo, Ltd. tract, the said Navajo, Ltd. tract and that 12.58 acre tract conveyed to Palomares Construction Company by deed recorded in Volume 2508, Page 234 of the Official Records of Brazos County, Texas; Thence S 21° 53' 24" E - 676.11 feet along the southwest line of the said Navajo, Point of Beginning and containing 0.88 acres of land more or less. Bearings are Texas State Plane, Central Zone, as determined by GPS observations using City of CS 1994 GPS monuments. to the " PAGE EXHIBIT "C 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. SPECIAL WARRANTY DEED DATE: GRANTOR: BRAZOS COUNTY, TEXAS GRANTOR'S MAILING ADDRESS: 300 East 26 ° Street (including county): Brazos County Bryan, Texas 77803 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue (including county) Brazos County College Station, Texas 77840 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: Being all that certain 1.79 acres tract or parcel of land lying and being situated in the CRAWFORD BARNETT LEAGUE, Abstract No. 7, College Station, Texas and being a part of that tract described in Quit Claim to Brazos County, Texas and recorded in Volume 272, Page 425, Deed Records of Brazos County, Texas and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. Easements, or claims of easements, which are not recorded in the public records. 2. Right-of-Way Easement from Houston and Texas Central Railroad Company to International and Great Northern Railroad Company, dated July 8, 1901, recorded in Volume 24, Page 338, Deed Records of Brazos County, Texas. 3. Memorandum of Oil and Gas Lease from The County of Brazos to Threshold Energy, Inc., dated April 7, 1984, recorded in Volume 695, Page 152, Official Records of Brazos County, Texas. VOL 7(p PAGE a 81 4. All Oil, gas and other minerals in and under the herein described property, together with any rights of ingress and egress, mining and drilling privileges heretofore reserved or conveyed by predecessors in title. There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, its heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by-products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described Property; provided, however, Grantor successor's and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its heirs, personal representatives, successors and assigns, to grant leases on the Property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any water, stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the Property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." GRANTOR, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANT, SELL, and CONVEY to GRANTEE the property, together with all singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE and GRANTEE's successors and assigns forever. GRANTOR binds GRANTOR AND GRANTOR'S successors and assigns, 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 claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, by, through or under GRANTOR but not otherwise. When the context requires, singular nouns and pronouns include the plural. BRAZOS COUNTY Randy Sims, ATTEST: C Karen M Queen, County lerk 2 VOL 74 PAGE a8a 60~ - STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on this the day of ni tdryl 2005, by Randy Sims, County Judge of Brazos County, Texas, on behalf of said County. Z DEBBIE LOCKLEDGE Notary Public in and for the State of Texa IpfA NNISSInuwN 11FIRIS: Leo exruu: JULY 6, 2007. PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO: City of College Station City of College Station Legal Department Legal Department P. O. Box 9960 P. O. Box 9960 College Station, Texas 77842-9960 College Station, Texas 77842-9960 YOL-7(, PAGE 2 33 00-11r l ~D 1 UTILITY EASEMENT DATE: GRANTOR: BRAZOS COUNTY, TEXAS GRANTOR'S MAILING ADDRESS: 300 East 26th Street Brazos County Bryan, Texas 77803 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77840 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: Being all that certain 0.88 acres tract or parcel of land lying, and being situated in the CRAWFORD BARNETT LEAGUE in College Station, Brazos County, Texas, being a part of the Abandoned I&GN Railroad Right-of-Way described in Quit Claim to Brazos County, Texas, recorded in Volume 272, Page 425 of the Deed Records of Brazos County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. This conveyance shall grant the rights herein specified only as to that portion of the above- described Property more particularly described on the attached Exhibit "A" known as the "Easement Area," and any additional area outside the Easement Area necessary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Area to erect construct, install, and thereafter use, operate, inspect, maintain, modify and remove the following: Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Storm sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage Structures, surface and subsurface; upon, over, and across the said Easement Area as described and any ways, streets, roads, or alleys abutting same; and to cut, trim, and control the growth of trees and other vegetation on and V -7(o PAGE _R84 61011 in the easement area or on adjoining property of Grantor, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It being understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee. This instrument conveys to Grantee easement interests in the surface estate only of the Easement Area. Grantor hereby reserves to Grantor, and Grantor's successors and assigns, all mineral interests, whether metallic or nonmetallic, whether similar or dissimilar, whether known or unknown, currently owned by Grantor in, on, and under and that may be produced and saved from the Easement Area or acreage pooled or unitized therewith, and the full and exclusive executive rights to execute leases in connection therewith. RESERVATIONS AND RESTRICTIONS: 1. Easements, or claims of easements, which are not recorded in the public records 2. Right-of-Way Easement from Houston and Texas Central Railroad Company to International and Great Northern Railroad Company, dated July 8, 1901, recorded in Volume 24, Page 338, Deed Records of Brazos County, Texas. 3. Memorandum of Oil and Gas Lease from The County of Brazos to Threshold Energy, Inc., dated April 7, 1984, recorded in Volume 695, Page 152, Official Records of Brazos County, Texas. 4. All Oil, gas and other minerals in and under the herein described property, together with any rights of ingress and egress, mining and drilling privileges heretofore reserved or conveyed by predecessors in title. TO HAVE AND TO HOLD, the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and Grantor does hereby bind itself, its administrators, successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, and its administrators, successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof when the claim is by, through or under Grantor but not otherwise. BRAZOS By: - A"' " NAMERandy ~ s, county Judge ATTEST: 4arenQueen C K ty Cl VO L7~ PAGE 7 8-5 THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGEMENT This instrument was acknowledged before me on this 1~ day of n I a r y 2006, by Randy Sims, County Judge of Brazos County, Texas, on behalf of said count ~DEBBIE LOCKLEDGE WTARY MC STATE OF TEXAS corruaior EuuES: JULY 8, 200T Notary Public in and for The State of Texas APPROVED: City Attorney RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 File info: VOL-7 (v PAGE-2-96 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this I-WI- day of J A.D. 200$ Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this day of 200~~ 13 U Randy Sims, ounty Judge 17~4 / Lloyd Wassermann, Commissioner Precinct #1 Duane Peters, Commissioner Precinct #2 !J Kenny Mallard, o issioner P tint #3 L arey Cau y, ommissio er Pr cinct #4 Treasurer's Reports for the CORRECTED MONTH of SEPTEMBER 2005 MONTH OF OCTOBER 2005 MONTH OF NOVEMBER 2005 p1Q17 PAGE a $ ~ ~ D N .Ni N N V~1N Q O ~ N 1~'I ti P N M b n N W ~ V m 9 N N Y ~ N O O ~ O 1~ m m:; rv H p N 0 N 1~~p $ b Npp N n N m N M m n n N 0 ~O N pp N ~O yy app 0~ 1~'1 p W V I~ p N N m Nm ti ~G V $ m O m ~ m p H m b m 1+~ P N m p~ ~O m P N p ~O N O 10 8 N f \ ~ m m N N P b h O 0 N P .a m N ~p N P pp M f~l P O ~p N P '1 b P iG N m b IIl N M G O ~~pp M 01 N ~ 1~ Ia p b ~ IN/1 ii: N p N M P mrv N 4S m NN V Y U ~ m ^Pf N o q1 w n ~ o N ' N IN~1 W : : ~ W i O M ; ^ N N . 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