11 Ordinance - 3700 block of BonhamCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
05/05/09
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
11.
OS/ 11 /09
Development
RECOMMENDED MOTION:
Deliberate and act on an ordinance considering the petition of Jeff Martin for a change in zoning from a
Planned Development District (PDa-f) Retail Shopping Center or Office Center to a General Retail
District (GR) on Lots 9A and part of 9, City Block 331, being located in the 3700 block of Bonham
Street.
POLICY ISSUE(S):
Zoning
BACKGROUND:
Jeff Martin has requested that the zoning on the property located on Lots 9A and part of 9, City Block
331, being located in the 3700 block of Bonham Street be changed from a Planned Development District
(PDa-f) Retail Shopping Center or Office Center to a General Retail District (GR) for the purpose of
building a Subway restaurant.
Mr. Martin and one citizen spoke in favor of this request. No one spoke in opposition to this request.
This item was approved by Planning and Zoning.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 4-0.
EXHIBITS:
Ordinance, location aerial and photos
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation Z Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration E City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris 0 U 0 ~ Revised 2/04/08
~ ~ 3 ~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE PART OF LOTS 9
AND 9A, CITY BLOCK 331, LOCATED IN THE 3700 BLOCK OF BONHAM
STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED
DEVELOPMENT DISTRICT (PDa-t) TO A GENERAL RETAIL DISTRICT (GR)
DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF
THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Planning & Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to rezone Part of Lots 9 and 9A,
City Block 331, City of Paris, Lamar County, Texas from a Planned Development District
(PDa-0 to a General Retail District (GR); and,
WHEREAS, on April 6, 2009, the Planning and Zoning Commission conducted a
public hearing on the proposed amendment to the City zoning ordinance and, following
said hearing, made formal recommendation to the City Council to approve the requested
zoning; and,
WHEREAS, on April 27, 2009, following notice and publication as required by law,
the City Council of the City of Paris conducted a public hearing on the proposed
amendment to the City zoning ordinance, and having considered the recommendations of
the Planning and Zoning Commission and the testimony and evidence introduced at said
public hearing, found and determined that approving the aforesaid zoning change would be
consistent with the comprehensive plan of the City of Paris, consistent with the City zoning
ordinance, and in the best interests of the public health, safety, and welfare of the citizens
of the City of Paris.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning
Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended
to rezone Part of Lots 9 and 9-A, City Block 331, located in the 3700 block of Bonham
Street, City of Paris, Lamar County, Texas, from a Planned Development District (PDa-0
Retail Shopping Center or Office Center to a General Retail District (GR), said property
being more particularly described in Exhibit A attached hereto and made a part hereof.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby,
directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes
set forth in this ordinance.
OUCU-3G
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validiry of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty of a
Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of
Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above-enumerated sections shall constitute and be deemed
a separate offense.
Section 8. Introduced and read on first reading on Apri127, 2009, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
May 11, 2009, at a regular meeting of the City Council of the City of Paris; the same being
two (2) separate regular meetings of the City Council of the City of Paris.
Section 9. That this ordinance shall become effective from and after its passage of the
second reading and publication as required by law.
PASSED AND ADOPTED on by the city Council of the city of Paris, in regular session
on this the 11th day of May, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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COMMUNITYDEVtLUYMttvl ucrr+niniv-vvi
P. 0. Box 9037 ■ Paris, Texas 75461 ■ 903-784•9234
APPLICATtON FOR ZONING CkANGE
EDate :Rcvd: Use Onl Request Number:
5~ t `A Mtg Date:
TYPE OF ACTION REQUESTED: k~ Zoning Change
PROPERTY INFORMATION:
❑ Specific Use Permit D Planned Development
Address: 3700 Block Bonham
Vacant Lot
Name of Business or Building (if applicable):
Part of 9 331 N/A City Block (Tract 1& Tract 2 as shown on drawing)
Lot & 9A Block Subdivision ~
CurrentZoning: PDa-f Proposed Zoning: 1 ~ • ~J
What is the proposed use of the properry? Restaurant
Describe the character andlor nature of uses of surrounding property. Vacant - wooded
Will the re-zoned designation be compatible with the classification and use of adjoining lands? Yes aV
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification? Yes
If No, why are you requesting a change in the permitting uses? (if OWNERcA,PP~I~ CA~ n~N~FORM m is IOon . lette D ONLY IF lhe conNact p~ovlQas that'tAeepurch+se els contingent upon tAe applicsnt auccessfully obteln ~p , a zon ng
the change.) ,
ApplicanYs Name: Jef f Martin ApplicanYsAddress: 5950 Lamar Road, Reno, TX 75462 Phone: (903) 785-4677
Mary Montgomery
Property Owner's Name:
P.O. Box 6517, Paris, TX 75461 Phone: (903) 784-8091
Property Owner's Address:
■r~t~~~uue~~e~~~~stse~~e~~~Ae~eos~e~s.~ee~~e~r~~~s~~~t~ua~ea~os~ssoaeesceN euus weFymuom eownsr~~e■
REQUIRED SUBMITTALS (check those items which are included): ~f p~anned Development requested, include also:
0 Completed application signed by the owner/applicant ❑ Four (4) copies oi a preiiminary site plan
ER Copy of a deed with metes and bounds
fffi Permission letter from owner
M Copy of contract to purchase the property
I have carefuliy read the complete application and know the same is true and correct. I hereby agree to compiy with all provisions of local,
State, and Federal Laws will b omplied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly authorize ag
Address: 5950 Lamar Road, Reno, TX 75462 - - - #;~k - Signed: Phone Number: 903 78 -
677
PrintName: e Martin
Date: March 17 2009 Fax Number: 903 785-5206
/1
SWORN TO AND SUBSCRIBED BEFORE ME this ~ day of /l/R 20 oa.
G~~~~E
Lan 14 evin
NOVOY Ptc`., aft pf TelW
f+~~ C41TIllffilowlm EylisML.
aft4, 2012
12l06
FILED: ; -
~f~~ ~ ~ ~02
B-Y; D? ~ -~~14 (f 4-4ti o iL
a 000041
AUTHORIZATION FOR CHANGE OF ZONING REQUEST
I authorize Jeffi-ey Martin and Larry Martin to seek a change in zoning on the below
referenced property to allow for the construction and operation of a free standing fast
food restaurant with a drive-thru.
Legal Description: City of Paris, Block 33 Lot 9-A & 59.9' of lot 9, corner of Loop 286
and Highway 82 West, .9213 Acres. See attached.
Mary Montgomery
m 000042
MARTIN SUBWAYS
JEI"I' MARTIN GO-OWNER
5950 LAMAR RD
PA.RT.S, TX 75462
CITY OF PARIS
ATTN: GINA
RE: 70NING CI-TANGT PX- QUEST BONHAM 8z LOOP
This letter providcs permission to cliarigef7taim »~~~~~A~ to ~aEeL t~TAIL.
would lilce to change my zt~z~a.z~g xeG.uest
T t is u1y undErstanding t11at a free standin.g restauzant wi.th drive thru is allowed iza
general retail,
Thank You,
Jcff Martin, Co-awner
Maxtin Subays
a OUCG43
t 37va
i 1d35Ni 335
OOCU4~
s~oy-82S
~
c _20-i3
GEtiERAL WARRANTY DEED
THE STATE OF TEXAS S
KNOW ALL MEN BY THF-SE PRESENTS:
COUNTY OP LAMAR S
That PARIS INDEPENDENT SCHOOL DISTRICT, acting by and
through the President of its Board of Truatees, William R.
Lancaster, duly authorized, of the County of Lamar, State of
Te3cas, for and in consideration of the aum of Ten and No/100
Dollare ($10.00) cash and othet good and valuable
conaideration, to ue in hand paid by NORMAN MONTGOMERY the
recelpt and aufficiency of srhich ie hereby acknowledgedt
have Granted, Sold and Conveyed, and by these presenta do
Grant, Sell and Convey unto the said NORMAN MONTGOMERY of
the County of Lamar. State of Texae, whose mailing addreea
ie 2940 Keseler Drive, Paris, Texas 75460, all of ite
one-hslf (k) undivided intezest in and to that certain tract
or parcel of land aituated in Lamar County, Texas, and
described as followe:
A part of the Isaac Cruise Survey 1162, and
being a pazt of a 16.425 acre tract of land
conveyed Jim F. Kizby and J. Michael Henderaon by
deed recorded in Vol. 631, page 264, of the Deed
8ecords of said County and State, one-half
undivided interest of eaid 16.425 acre tract being
conveyed to the Paris Independent School District
as recorded in Vol. 709, Ptge 999, of eaid Deed _
Recozda.
BEGIN2IING at an iron pipe (f) for corner at
an el corner of said 16.425 acre tract, said point
being the Northeast corner of a 0.714 acre tract
of land conveyed Jim F. Kirby and J. Michael
Aenderaon by deed recorded in Vol. 662, Page 118,
of eaid Deed Recordst
THENCE South 0 Deg. 02 Min. Weat a diatance
of 150.3 ft, to an iron pin (s) for corner at the
moet Southerly 5outhwest corner of eaid 16.425
acre tract and the Southeaet corner of eaid 0.714
acre tractt
THENCE South 89 Deg. 56 Min. East along the
North Boundary Line of Bonham St. a distance of
59.9 ft, to un iron pin (s) faz cornezt
TH£NCE North 0 Deg. 02 Min. East a dietance
of 150.3 ft. to an iron pin (s) foz corner;
THENCE North 89 Deg. 56 Min. West a distance
of 69.9 ft. to the place of beginnis9g and
containing 0.2061 scres of land or 9,003 fv- ,
o~ a
RP 21PAGf160 Reasl Property 21 Page 160
.
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TO HAVE AND TO HOLD the above deacribed premises,
th ell and eingular, the rights and appurtenances
together wi
thereto in anywise belonging unto the eaid NORMAN
MONTGOMERY, hie heirs and assigna foreverti and it does
hereby bind iteelf, its euccessore and eaeigne, to Wazzant
and Forever Defead all and singular the said pzemieea unto
the said NORMAN MONTGOMFPYI hie heire and assigna, againet
every pereon whomsoever lawfully claiming, or to claim the
eame, or 8ny part thereof. 0
WITTIESS our hands at Yaris, Texae, this d8Y of
Marcty A.D. 1988.
pARIS Z3IDEPENDENT SCHOOL,DIST[tICT
✓l/.~/X-`a.^. V\" ~ ~ x~a~-o r
Board of Truetees
AT'fEST :
Artnv'~'' ov ecretary
TAE STATE OF TEXAS S
COUNTY OF I.AMAR S
BEFORE ME, the undereignQ78Onallyi appearednWilliam BB.a
County, Texas, on this day p eTeon whoee name ie
Lancastez. known to me to i etrument, gnd acknowledged to
subacribed to the foregoing u osea and
me that he eaecuted the same for the p rp
consideration therein ezpreeaed.
GIVEN i1NDER MY HAND ~ S~' OF OP'FICE, this d~y
of A.D., 1988.
Win4ted c, tata o ex8a
. Nama; iTQSS 7 "8,9~
My commisaion exp
T~'
i%t,,,mcxm
~uo yCUos-~.
RP U r .t 6.1
4...._._.,_..~__.~ . . - - .
Real Property 21 Page 161
~ UC10046
~5ioy-Bg
2041^ 1 t
GENERAL WARRARTY DEED
THE STATE OF TEXAS S
COUNTY OP LAMAR S KNOW ALL MEN BY TkTESE PRESENTS:
That We, JIM F. RIRBY of Dallas County, Tezea, and J.
MICHAEL HEtZDERSON of the County of Oklahoma, State of
Oklahoma, for and in conaideration of the svm of Ten and
No/100 Dollare ($10.00) ceah and other good and valuable
consideration, to ua in hand paid by NORN.AN MUNTGOHEftY the
receipt and sufficiency of which ie hereby acknowledgedi
have Granted, Sold and Conveyed, and by theee presenta do
Grant, 5e11 and Convey unto the said NORMAN MONTGOMERY of
the Couaty of Lamar, State of Texas, whoae mailing address
ia 2940 Keaeler Drive, Parie; Texas 75460, all that certain
tzact or parcel of land aitueted in Lamar County, Texas,
described in Tzact I below and all our one-half (k)
undivided interest in and to Tract II deacribed below, eaid
tracta being described na followa:
TRACT I
Situated vithin the Corporate Limits of the
City of Paris. County of Lamar, and State of
Texas, a part of the Ieaec Cruise 5urvey 4162, and
being a 0.714 acre tract of land conveyed Jim F.
Kirby and J. M3chael Henderson by deed recorded in
Vol. 462, Page 118, of the Deed Records of said
County and State.
BEGINNING at an iron pipe (f) for corner at
the Northeast corner of said 0.714 acre tract,
said point being an el corner of a 16,425 acre
tract of land conveyed Jim F. Kirby and J. Michael
Henderson by deed recorded in Vol. 631, Page 264,
of the Deed Recorde of said County and State.
THENCE NorCh 81 Deg. 45 Min. Weat a distance
of 214,1 ft. to an iron pin (f) for corner at the
Northweat corner of said 0.714 acre tract, and the
moat Westerly Southweat cornez of eaid 16.425 acre
tract;
THENCE slong tfie Eaeterly Boundary Line of
Loop Hwy. 286 as £ollowe: South 5 Deg. 29 Min.
East a dietance of 101.5 ft. to a concrete marker
(f)i South 39 Deg. 56 Min. Eaet a distance of
104.1 ft. to a concrete marker (f) for corner at
the Southweat corner of eaid 0.714 acre tracti
THENCE South 89 Deg. 56 Min. East elong the
North Boundary Line of Bonham St., e distance of
135.2 ft. to an iron pin (s) for corner at the
Southeast corner of said 0.714 acre tract end the
most Southerly Southwest cornez of eaicE~16.425_
_
I
ecre tract;
THENCE North 0 Deg. 02 Min. East a di~ ncg
•r-
of 150,3 ft. to the place of beginning and?;cont!L'
;p
taining 0.7146 acres of land. i n)
~
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RP 21PACE162
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Real Property 21 Page 162
NUU0 0, 4 i
~ora
TRACT II
situated within the Corporate Limits of the
City of Parie, County of Lamar, and State of
Texae, a part of the Isaac Cruise Survey 1162, and
~ being a part of a 16.425 acre tract of lend
conveyed Jim F. Kirby and J. Michael Henderean bY
deed recorded in Vol . 63 8ndP8State 4' one-half D(~,)
Records of said County
undivided interest of said 16.425 acre tract being
conveyed to the Paris Independent School DieCrict
as recorded in Vol. 709, Page 999, of said Deed
Recorde. <f) for corner at
BEGZNNING at an iron piPe said oint
an el corner of said 16.425 acre tract, e P
of Michael
inland e conveyed Northeast .7im F. Kirby Ognd4 J cr
Hendereon by deed recorded in Vol. 662, Page 118,
of BgT~NCEdSouth OB~Deg. 02 Min. West a dietance
of 150.3 ft. to an iron pin (e) for cozner at the
moet Southerly Southweet corner of said 16.425
acre tzact and the 5outheast corner of said 0.714
acre tractt
THENCE South 89 Deg. 56 Min. East along the
North Boundary Line of Bon fam St ~~eT dietaac-e of
59.9 ft. to an iron pin (s)
THENCE North 0 Deg. 02 Min. Eaet a diatance
of 150.3 ft. to an iron pi 56 Min ° WesrnaTdietance
i
of T 59.H9 ENCE ft. Nozth to 89 the Deg' plaCe of beginning and
~ containing 0.2067 acree of land or 9.003 eq. ft.
~ Tp HAVE AND TO HOLD the above described premieea,
'i hts and appurtenances
ith ell and singular, the rig
together w
thereto in anywiee belonging unto the said NOR24AN
MONTGOMERY, hie heirs and asaigne forevert and we do hereby
~ bind oureelvea, our heira, executors and administrators, to
Warrant and Forever Defend all and singular the said
'i premisee unto the said NORMAN MONTGOMERY, hie heirs ead
aeaigna, againat every peraon vhomeoever lawfully claiming,
~ or to claim the same, cr an9 Part thereof.
WITNESS our handa at Yarie, Texae, this zz".A8Y of
~ Apsil, A.D. 1968.
• ~
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!R? 21PAGf163
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Real Property 21 Page 163
m 0 UG048
" "_"".._.'_.~-._.__T.~.._. , . . J
1 ~DIr 1 '
/
i
THE STATE OF TF.XAS s
COUNTY DF LAMP.R s
I
BEFORE HE, the underetgned authority, in and for eaid
County, Texas, on this day pereonally appeared JZM F. KIRBY, '
known to me to be the pereon whose name ie eubecribed to the
~ foregoing inetrument, and ecknowledged to me that he
'i executed the same for the purpoees and conaideratiott therein
expreseed.
GIVEN UNDER MY HAND AND SEAI. OF OFFICE, this 2-ay/day
E April, A.D., 1988.
tary u c tate o Texae
Printed Name:/,(/~,r/u,Kry
Hy Coffiiesion xp res: y..29-9/
I THE STATE OF NEW YORR s
COUDITY OF ~ s
BEFORE ME, the undersigned authority, in and for said
County, New York, on this day peraonally appeared J. MICHAEL
AENDERSON, known to me to be the peraon whoae name ia
eubecribed to the foregoing inetrument, and acknowledged to i
me that he executed the aeme for the purpoees and
conaideration therein expzeesed. '
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~si''^ day
~ of April, A.D., 1988.
i ~
; ~
~ MoRroN a ee~uui
naawp~,tik,Se:eorrewwrx otary u c, tate o ew or
Printed Name : I
My Commieaion zp res: ~
RP 21raA64
`~xnam
Real Property 21 Page 164
~ U00~49
TEXAS ASSOCIATION OF PROVED PROPERTY
COMMERCIAL CONTRACT - UN
BY PERSONS NM0 ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS& IS N07 AUTHORI7FD.
USE OP 7HIS FORvi (DTexas Assalad°^ a RF1`L70R5O. Inc. 2005
ert described in Paragraph 2. Buyer agrees
ell and convey to Buyer the Prop ya h 3. The parties to this contract are:
pARTIES: Seiler agrees to s p
to buy the Property from Seller for the sales price stated in Parag -
Seller: t~ar M~ll ~
P.O Box 6517 Paris TX 75461
Address: Fax:
Phone: s d, enlink. n t
E-mail: nmont ~
Larr r in
Buygr; Jef f re Mar in an TX 75452
Address: 5950z=ar Avenue Paris Fax:
PhOfle: 903 739-0729
E-mail:
County, Texas at
2. PROPERTY: L r
"Property" means that real property situated in 82 west
A. Cornar of Loo 286 and H 1_A or as follows:
Corner of Loop 286
ribed Lot 9,
address) and that is legally desco~n 9h A & 59attach.ed9' of Exhibit
City of Paris, Block 331, L
and Highway 82. West, .9213 acres.
the Property together with: e~Y inciuding Seller's right, title,
Seller will seil and convey ur{enances pertaining to the Prop.
Brivileges, and app strips, gores, and rights-of-way;
(1) all rights, p minerais, utilities, adjacent streets, alleys, a~ of the Property; and
and interest in any
(2) Seller's interest in all ~e enses a d perm ts y related to theosits for all PropertY or • p m
~3) Seller's interest in all lic h 12 or an addendu )
escribe any exceptions, reservafions, or restrictions in Paragrap
(D
3. SALES PRICE: a the foltowing sales price for the Property:
A.
b fore closing, BuYer wi P Y
Ator e •
a able by Buyer at ciosing . . . . .
(1) Cash portion p Y . . . . . . . . . . . . . . . . . . . . . . $ _
described in Paragraph 4
(2) Sum of all fi nancing
. . , . . . . . $
(3) Sales price (sum of 3A(1) and 3A(2)) • - • • ' ' ' ' ' ' ' ' ~ ~
! page 1 of 12
Bu er nd Seller~~~- ~
Initialed for ldentification by Yu Montgomery - M
(TAR-1802) 10-18-05
3749 Lamar A°ePar is, TX 75460 Chad Brown ziALoqix com
Coldweil Ban1<er Fac: (903) 782 - 9172
782 _ qgpp b ZiLpgix 18070 Fifteen Mile Road, Fraser, Michigan,48026
Phone: (903) Pr~u~d with ZipFom~ Y P
,p (~~pr5n
Corner of Loo 286 and H 82 West
Commercial Contract - Unimproved Property Concerning
B. Ad'ustment to Sales Price: (Check (1) or (2) only.)
@(1) The sales price will not be adjusted based on a survey. (2) The sales price will be adjusted based on the latest survey obtained undeerParagraph 6B.
(a) The sales price is calculated on the bas►s of $ p ;
❑(i) square foot of ❑ total area ❑ net area.
❑(ii) acre of ❑ totai area ❑ net area. erimeter boundaries of the Property. "Net area"
(b) `meanls total area i ss Iany a~rearof the~tP opert within:
❑ (i) public roadways;
❑ (ii) ri9hts-of-way and easements other than those that directiy provide utility services to the
Property; and
% of the stated sales price, either party
(c) If the sales price is adjusted by more than
rovidin written notice to the other.party within ays
may terminate this contract by p g
after the terminating party receives the survey. If neither party terminates this contract or if the
variance is less than the stated percentage, the adjustment to the sales price will be made to t e
cash portion of the sales price payable by Buyer.
Bu er will finance the portion of the sales price under Paragraph 3A(2) as follows:
4. FINANCING• . y •
21 A. Third Partv Financinq: One or more third party loans in the total amount of $
This contract: financin ❑(1) is not contingent upon Buyer obtaining third party financg g in accordance with the attached
~(2) is contingent upon Buyer obtaining third p Y .
Commercial Contract Financing Addendum. er will
B. Assum tion: In accordance with the attached Cob the mercial Property, Contract whichFinancing balance at Addendum, closing uy will be
~ romissory note secured y
assume the existing p
er Financin : The delivery of a promissory note and~a ndum inrustthefbmountrom of Seller under t e
$ Se ll
❑ C. nancing
terms of the attached Commercial Contract Fi
5. EARNEST MONEY:. 000 00 'as earnest
A. Not later than 3 days after the effective date, Buyer must deposit $ 1
money with stone Title Com an
(escrow agent) at 33 Nw is st. Paris Tx 7 46
(address). If Buyer fails to timely deposit the earnest money,
terminate this contract by providing written no~iae ra°hB 5er before Buyer deposits the
Seller may
earnest money and may exercise Seller s remedies under a 9 p With the escrow agent to be made
B. Buyer will deposit an additional amount of $
part of the earnest money on or before:
0 (i) days after Buyer's right to terminate under Paragraph 76 expires; or
C7
Buyer required will be in default if Buyer fails to deposit the addi{i{ime1 a deposited the add tlonal amoun Ph 5
within 3 days after Seller notifes Buyer that Buyer has no
ct the escrow agent to deposit the earnest money i~ an interest-be a ring account at a
C. Buyer may instru
federally insured financial institution and to credit any interest to uye
~and Selled'o~ Page 2 of 12
-1802 10-18-05 Initialed for ldentification by Buye(~i~-,
(fAR ) U \
zioLoaix eom Montgomery - N1
Produced with ZipForm~ by zipLo9ix 18070 Fifteen Mile Road, F2ser, Michigan 48026 ,~,ww
a P(1PP51
_ . .
Commerciai Contract - Unimproved Property Concerning
g, TITLE POLICY AND SURVEY: _
q, Title Polic :
wiii furnish Buyer an Owner's Policy of Title Insurance (~{t~eiclompa'ny)
(1) Seiler, at Seller's expense, gtone Title com an
issued by dated at or after closing, insuring Buyer against loss under the title
in the amount of the sales prices be approved by Buyer in writing; and
policy, subject only to: this contract or as may olic unless this
(a) those title exceptions permitted by romulgated form of title p Y
(b) the standard printehe~ Se tions contained in the p
contract provides ot
n as to discrepancies, conflicts,mr roshortages ements:in area and boundary
(2) The standard printed exceptio overiapp►n9 lP
lines, or any encroachments or protrusions, or any~~'c Seller.
~(a) will not be amendod ead esh ~tages i hareas' at the expense of ❑ Buyer ❑
p (p) will be amended
1 restrictive covenants on the Property within the time required under
(3) guyer may object to any
Paragraph 6C.
ive date, Seller will furnish Buyer a commitment for titie insurance except ) e ible copies of recorded documents d aocumentsl to Buy.
4 Withini4 days after the effect
~ (the commitment) including I 9
to deliver the commitment and relate
authorizes the title company er' at Buyeres
, address. :
B. Surve : Within--- days after the effective date: of the survey to
h s expense and deliver a copy
o(l) guyer will obtain. a survey of the Property at Buyer'
st be made in accordance wit the Ten~itio ociety of Professional Surveyor ,
Seller. The survey mu ro nate co
standards for a Category 1A survey under the app P
of the PropertY dated after the effective date.
er a survey of professional Surveyors
❑(2) Seller, at Seller's expense, will furnish BuY
The survey must be made in accordan~he ap~ p peat e Co difioniety
standards for a Category 1A survey under
of Seller's existing suryey
an a true and correct copy uired by the title
~(3) Seller will deliver to Buyer and the title i mP y a along w►th an affidavit req Seller, at
compa~Y for erty appdated Jan r is not acceptable to the title company,
vey and deliver the acceptable
of the Prop roval of the survey. If the sur o the title company
Seller's expense, will obtain a survey acceptable Withi tn 15 days after Seller receives notice that the
survey to the Buyer and the title companY an The closing date will be extended daily up to
existing survey is not acceptable to the title comp Y• Within the time required.
15 days if necessary for Seller to deliver an acceptable survey
C. gu er's Ob'ections to the Commitment and Surve ~ 1es of the documents evidencing thE
5 days after Buyer receives the commitment, cop
1 Wthin ired survey, BuYer may object in writing to matters disclosed in t E
title exceptions, and any requ than
thosE constitute a defect or encu obBu er willtassume at closing; o
items if: (a) the matters disclosed at closmg Y
ermitted by this contract or liens that Seller eil~saies in a special flood hazard area (an A or v
(b) the items show that any part of the Prop Y er is deemed to receive the Se fed ir
if Paragraph 66(1) aPPlies, BuY of t
t he deadline sp
zone as defined by FEMA). he earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii)
Paragraph 66.
(.~,,p ~ page 3 of 1:
and SellerL°1-~
Initialed for ldentification by BuYer~ -
(TAR-1 802) 10-18-05 Montgomery - ~
produced with ZiPFomG bY ZipL°9iX 18070 Fifteen Mile Road, Fraser, Michigan 48026 w~+ z1p m
. 000052
Commercial Contract - Unimproved Property Concerning Corner of Loo 286 and Hw-V 82 West
(2) after seller may, but is not obligated to, cure Buyer's timely obecessa Wtoh'provide such timelto urelthe
inate this
the objections. The closing date wiil be extended as requ
objections. if Seller faiis to cure the obje fti\oi hib5 dthe ays'after theltime byywhi h Sellernmust cure
contract by providing written notice to Selle ~v
the objections. If Buyer terminates, the earnest money, less any independent consideration under
Paragraph 76(1), wiil be refunded to Buyer. waiver (3) BuYer's failure to time(y object or terminate under this Paragr edu e Ci of the ommitm euye nt r's right to
object except that Buyer will not waive the requirements in Sc
7. PROPERTY CONDITION:
A. Present Condition: Buyer accepts the Property i n its present condition except that Seller, at Seller's
expense, will complete the following before closing:
B. Feasibilitv Period: Buyer may terminate this contract for any reason within ' 60 days after the
effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.)
w(1) If Buyer terminates under this Paragraph ?B, sh nde endent considerafion for Buyerts uBnrestricted
$ 100.00 that Seller will retain a P
co ns derat on is totbe
right to terminate. Buyer has tendered the indep~Wdane t The independentler
amount specified in Paragraph 5A to the esc 9
credited to the sales price only upon closing thehea nest mone dolla
Bu reaw II not ihave the r n ht 'o
- Para ra h 7B 1 or if Bu er fails to timel de osit
terminate under this Paraqraph 76. as
❑(2) Not later than 3 days after the effective date, Buyer must pay Seller $ such
amount independent consideration for Buyer's right t a~ar lnt7B, the ea enest money w II be refunded to
Setler's agent. If Buyer terminates under this P gaph
If no indeendamountent stated n'I'this
Buyer and Seller will retain the independent coofitlhe eration.saleThe
credited to the sales price onfy upon closing
_ _ r_"_ A.,. 44.,.,e1" nav the indeqendent consideration BuYer will not have
C. Ins ections Studies or Assessments:
may
'ng the feasibility period, Buyer, at Buyer's expense, ~mp ncludin c allS l
(1) Dun mprovements and
any and all inspections, studies, or assessments of the Prope y. 9
fixtures) desired by Buyer.
(2) Buyer must:
(a) employ only trained and qualified inspectors and assessors;
(b) notify Seller, in advance, of whenthe nre eu rements of Seller;Will be on the Property;
(c) abide by any reasonable entry ru'es o q
(d) not interfere with existingop sraoirig'na► ocondit otn if t altered edueato inspections, studies, or
(e) restore the Froperty o
assessments that Buyer completes or causes to be completed.
(3) guyer is ler's Except for those matters that arise from theglcausee off actlonr and elxpense resulting from
responsible for any claim, liability, encumbrance,
R and Seller00 / ~ ~
AR-1802) 10-18-05 Initialed for ldentification by Buyer~
y,,., ~ Page 4 of 12
produced with ZipForttG) bY zipLogix 18070 Fifteen Mile Road, Fraser, Michlgan 48026 www zipoaix.~m
Montgomery - M
r UU(1G5;3
Commercial Contract - Unimproved Property Concerning
d a e or personai injury.
Buyer's inspections, studies, omaess,S andndefendts, a and rSeller's a9 hgs agagraph survives
guyer will inderrinify, hold ha onsible under this paragraph. T p
invoiving a matter for which Buyer is resp
termination of this contract.
D. Pro ert Information:
of Pro ertInformation: Within days after the effectiVe date, Seiler will deliver to
(1) Delive lements,
Buyer. the Prope~Yincluding any modifications, supp
❑(a) copies of ali current leases pertaining to ~ that Buyer will assume or that Seiler
or amendments to the leases;
❑(b) copies of ali notes and deeds of trust against the Prope~Y I re orts, studies, or analyses
wili not pay in fuli on or before closing; eotechnica p
~(c) copies of ail previous environmentai assessments, g
made on or relating to the Property; for the previous 2 calendar years;
❑(d) copies property tax statements for the Property
p(e) plats of the Property; 's water and sewer service provider;
❑(fl copies of current utility capacity letters from the Property
and
❑ (9)
Pro ert Information: If this contract terminates for any reason, Buyer will, not later than
(2) Return of p ~
ies
the termination date: (a) return to Seller all tho items those items; described and in (b) deliver Paragraph cop7D(
10 days after
and all copies that Buyer ma e se of assessment reports related to the Prop{ ~S contra t er completed or caused to
that of all m Seller spection delivered and to Buyer iv es termination o
be completed. This Paragraph 7D(2) surv
in O erations: Until closing, Seller: (1) will operate the Property in the same manner as
E. Gontracts Affectq p will not transfer or dispose
on the effective date under reasonably prudent business stand od a~n nof the p ersonal P P ro ert Y or other
interest or right in the Property, Y
of any part of the Property, any without
soflthe P ope y er may
ribed in Paragraph 26 or sold under this contr t affects the feasibiliter
items desc
not enter into, amend, or terminate any other contract t a
Buyer's written approvaL
8. LEASES:
lease Seller is to assign to Buyer under thasecontract must be. in full force an e ec
any existing lease, or
A. Each wntten
existing lease without Buyer's written consent. Seller e or
disclose, m according to its terms. Seller may not enter into any new e , fail to comply with
make any amendment or modifcation to any
' writin , if any of the following exist at the time Seller provides the.leases to the uy
9
subsequently occur before closi ~y 9 w
(1) any fadure by Seller to comp ith SelleCs obligations under the leases; offsets
circumstances under any lease that entitle the tenant to terminate the lease or see any
(2) any
or damages; lease;
(3) any advance sums paid by a tenant under any
'ons bonuses, free rents, rebates, brokerage commissions, or other matters that a ec
(4) any concessi ,
s payable under the leases that have been act igned or encumbered, except as securi
any lease; and
(5) any amount
for loan(s) assumed or taken subject to under this contra
B. Esto ithin days after the effective date, S~y eeachtenant that leases space
ppel Certificates: W
certificates signed not earli e~l tc ~ificates must state:
in the Property. The estopp l,~,~~C_~, page 5 of ~2
r '
Initialed for ldentification by Buye~, and SeUer0~1.~t.~d~
(TAR-1802) 10-18-05 Montgomery - M.
zi L ix 18070 Fifteen Mile Road, F2ser, Michi9an 48026 w~`~+ ztp'X COm
Produced with ZipForrr~ bY P~
- 000054
Concerning el certificate
Commercial Contrad - Unimproved Property
I ndlord or tenant as of the tlate the estopp
the a
(1) that no default exists under the lease bY
is signed; id through the end of the lease and any rental payments
(2) the amount of the scheduled rents to be pa
thatamou n of aPy'securay deposit;
(3) the
(4) the amount of any of theSleasent is entitled against rent;
(5) the expiration date renewal options; and
(6) a description of any
(7)
g, gROKERS:
A. The brokers to this sale are:
License No.
Cooperating Broker
Address
Fax
Phone
E-mail:
' Cooperating Broker represents buyer.
Coldwell Banker Re ional Realt License No.
Principal Broker
749 Lamar Avenue
Address Paris TX 75460
903 782-91Fa
903 782-9800
Phone
E-mail: chad.brown@coldwellbanker.com
Principal Broker: (Check only one box.)
❑ represents Seller. only.
21 represents Buyer be~een Seiler and BuYer.
❑ is an intermediary Check onfy one box.) separate written commission agreement
BF~' ~ fied by
0 (1) Seller will pay Principal Broker the fee sp eci Cooperating Broker the fee specified
between Principal Brokern B okersefo und belo w he pa i'e s slgnatures to this contract.
in the Agreement Betwee
❑ (2) At the closing of this sale, Seller wilt paY'
principal Broker a total cash fee of:
Cooperating Broker a total cash fee of: 0 % of the sales price.
of the sales price.
❑ County, Texas. Sel{er .authorizes
The cash fees will be paid in roceeds at closing.
escrow agent to pay the brokers from the Seller's p
Pro erty Code, authorizes a broker to secure an eamed commission
NOTICE: Ch apn
P
with a lien agst he Property.
is Paragraph 9 without the written consent of the brokers affected by t E
not amend th
. The parties may
C
amendment.
10. CLOSING: A ril 27 2009 S after
of the sale will be on or before or within 7 day
A. The closing
ra h 6C have been c u r e d o r w aived, whichever date is later (the closing
objections made under Parag P exercise the remedies in
date). date, the non-defaulting pa►~Y may
B. If either party fails to close by the closing ~
Paragraph 15. , Seller~~-- page 6 of 12
Initialed for ldentification by Buyer and
(TAR-1802) 10-18-05 Montgomery -
prpcluced with ZipFormG bY ZiPL09iX 18070 Fifteen Mile Road, Fraser, Michigan 48026
. UUUV55
Conceming Corner of Loo 286 and H 82 West
Commercial Contrad - Unimproved Property 1 ❑ speCial Warfanty
C. At closing, Selier will execute and deliver, at Sellers expense, azi genera
deed. The deed must inciude a vendor's lien if any part of the sales price is fnanced. The deed must ons
other convey good and indefeasibie title to the Property an showmust conve~y the P operty those permitted
under Paragrap h 6 or o t h e r p r o v i s i o n s o f t h i s c o n t r a c t w h i c h w i l l n t b e
(1) with no liens, assessments, or other security interests against the Prope r ty
satisfied out of the sales price, uniess securing loans Buyer assumes;
(2) without any assumed loans in defauit; and lessees, tenants at sufferance, or
(3) with no persons in possession of any part of the Property as
trespassers except tenants under the written leases assigned to Buyer under this contract.
D. At closing, Seller, at Selle►'s expense, will also deliver to Buyer:
(1) tax statements showing no delinquent taxes on the Property;
(2) an assignment of all leases to or on the Property;
(3) to the extent assignable, an assignment to Buyer of any licenses and perrnits related to the
Property; auth
eller; (4) evidence that the person executing this co{tst tnS Ithat'Sel ePaslnot adfore gonipe~rsonboraifSSeller is a
(5) an affidavit acceptable to the escrow agen 9 roceeds foreign person, a written authorization for the WS and ag del ver(the Iahmol ntrto the Ilnter nal Re enue
amount sufficient to comply applicable tax la , O
Service (IRS) together with appropriate tax forms; and documen (6) any notices, statements, certificates, affdavits, rele closinanof theesale a d stsuancerof the ttle
contract, the commitment, or law necessary for th 9
policy, all of which must be compteted by Seller as necessary.
E. At closing, Buyer will:
(1) pay the sales price in good funds acceptable to the escrow agent;
deliver evidence that the person executing this contract is legally capable and authorized to bind
(2) Buyer; art of the Property a written statement that:
(3) sign and send to each tenant in a lease for any p
(a) acknowledges Buyer has received and responsible the tenant's security deposit; and
(b) specifies the exact dollar amount of the secuY depos
(4) sign an assumption of all leases then in effect; and
(5) execute and deliver any. - notices, statements, certifcates, or other documents required by this
contract or law necessary to close the sale.
Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the
F.
undin clauses.
current edition of the State Bar of Texas Real Estate Forms Manual without any additional
this sale closing 11. POSSESSION: Seller will deliver possessio fhohligated to co peetep ordinary wear and t ar excea~a e
in its present condition with any repairs Seller is authoriz Any possession by Buyer before closing or byufferanceftelati nshiptbetween t e partiesed by a sep
written lease agreement is a landlord-tenant at s
12. SPECIAL PROVISIONS: (Identify exhibit if snecial beinprgvisions are approved by contained Subwinay an attachment. Corporation for the
Contract is contingent on locatioconstruction of a Subway franchised store.
er obtaining proper zoning for the
Contract is also contingent on buy
construction of a Subway Restaurant. Seller agrees to cooperate with buyer if
rezoning is necessary.
guyer will pay buyer's agent commission according to seperate agreement.
" - 8-05 Initialed for ldentification by Buyer~, and Seller~
;x.
(TAR-1802) 10-1
18070 Fifteen Mile Road, Fraser, Michigan 48026 wvnv zipoq cAm
produced with ZipFortrrO by zipLogix
Page 7 of 12
Montgomery - M
000056
Commercial Contrad- Unimproved Property Concerning Corner of Loo 286 and H 82 West
13. SALES EXPENSES:
A. SP11er's Expenses: Selier will pay for the following at or before closing:
(1) releases of existing liens, other than those liens assumed by Buyer, inciuding prepayment penalties
and recording fees;
(2) release of Seller's loan liability, if appiicabie;
(3) tax statements or certificates;
(4) preparation of the deed;
(5) one-half of any escrow fee;
(6) costs to record any documents to cure title ob~ec~ovisions of thes contra~tre; and
(7) other expenses that Seller will pay under othe p
B. Buver's Expenses: Buye'le pay for the following at or before closing:
(1) all loan expenses and fe,
(2) preparation of any deed of trust;
(3) recording fees for the deed and any deed of trust;
(4) premiums for flood insurance as may be required by Buyer's lender;
(5) one-half of any escrow fee;
(6) other expenses that Buyer will pay under other provisions of this contract.
14. PRORATIONS:
A. Pror S:
(1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants wili be
prorated through the closing date. closes
closin (2) If the amount of ad valorem taxes for the year i a sessed nethe prev ousty.earl Ibthe taxes for the
date, taxes will be prorated on the basis of taxes rora year in which the sale closes vary from the ae ount~Ph cht s
the le closeshbecoml e availableSThis
prorations when the tax statements for the y
Paragraph 14A(2) survives closing.
sub ect to an existing lien, Seller will transfer all
(3) If Buyer assumes a loan or is taking the Property
reserve deposits held by the lender for the paym ent of taxes, insurance premiums, and other
charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate
adjustment at closing.
BRollback Taxes: If Seller changes the use of the Property before closing or if a denial of a special
enalties, or xes, valuation on the Property claimed by Seller result{he assessments wi I be additional
obl gataon of the Seller. If
interest (assessments) for periods before closing,
this sale or Buyer's use of the Property after closing resultsis Paait'~a 14B survvnes clo pngods before
closing, the assessments will be the obligation of Buyer. Th 9. ph
following
C. Rent and Securit De osits: At closing, Seller will ten aerfter to Buyer closing: all prepaid security deposits expenses, and the advance rental
advance payments received by Seller for periodS but received by rorated payments, and other advance payments
the recpaentt the partyonwhom it was p orated wyithin 5 days after
the other party will be remitted by P
the rent is received. This Paragraph 14C survives closing.
15. DEFAULT:
A. If Buyer fails to comply with this contract, Buyer is in default and Seller may:
(1) terminate this contract and receive the earnest money as liquidated damages, thereby releasing the
parties from this contract; or
(2) enforce specific performance, or seek other relief as may be provided by law, or both.
and Seller~0_6!a- Page 8 of 12
AR-1802) 10-18-05 Initialed for ldentification by Buyer~~,
Montgomery - N1
(T
produced with ZipFomO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zIDoaix °m
000057
Corner of Loo 286 and H 82 West
Commercial Contract - Unimproved Property Conceming
'thout fault, Seller is unabie within the time allowed to deliver the estoppel certificates, Y under
B• if, WiSUNG' Of
commitment, Buyer may: less any independent consideration und
(1) terminate this contract and receive the earnest money,
Paragraph 713(1), as the sole remedy; or
2 extend the time for performance up to 15 days and the closing will be extended necessary.
C. n default and
ExcePt as provided in Paragraph 156, if Seiler fails to comply with this contract, Seller
guyer may:
Paragraph 7B(1), dependent consideration un e
erminate this contract and receive the earnest money, less any in
(1) t as liquidated damages, thereby releasing the parties from this contract; or
rovided by law, or both.
(2) enforce specific performance, or seek such other relief asS aebcommenced against any part of the
16. CONDEMNATION: If before closing, condemnation proceeding
Property, Buyer may: after the
A. terminate this contract bY Providing written notice to Seller within 15 endent cons deration vpaid under
condemnation Pr°y.ill be refunded to Buyee ormoney, less any mdep
Paragraph 76(1),
defend in the condemnation proceedings and any award will, at Buyer's election, belong to:
B. appear and
(1) Seller and the sales price w! ~l ~ b ot be redu ced he same amount; or
(2) Buyer and the sales pnc revailin art in any legal
,
17. ATTORNEY'S FEES: If Buyer, Seller, any broker or any escrow agent is a p 9 P Y
roceeding brought under or with relatio c on eding andtreasonal art is entitled to recover
from the non-p ble attorney's fees. This Paragraph
p revailing parties all costs of such Pe
17 survives termination of this contract.
18. ESCROW: ment, then to Buyer's closing
the earnest money will be appl►ed frst to any cash down pay
A. At closing,
costs, and any excess will be refunded to Buyer. escrow agent may require payment of
B. If both parties make written demand for the earnest money,
s incurred on behalf of the parties and a written release of liability of escrow agent from
unpaid expense
a11 parties.
makes written demand for the earnest money, escrow agent will give notice of the deman
row agent does not receive written objection
C. If one pa~Y If esc
by providing to the other party a copy of the demand.
to the demand from the other party Within 15 days after the date escrow agent sent the demand to the
a~ escrow agent may disburse the earnest money to the pa y making demand, reduced by thE
other p Y, Red on behalf of the party receiving the earnest money and escrow
amount of uap the same to the creditors.
agenf rnay p Y
at onrto Sel e~ B(1 ) before disbursing any
D. Escrow age agraph nt will deduct any independent consideration under
earnest money to Buyer and will pay the independen con ~ hereby reteases escrow agent from af{
E. If escrow agent complies with this Paragraph 18, each paY
claims related to the disbursal of the eamest money• escrow agent a certified mail, return receipt requested. Notices to
F. Notices under
re~ eff cti ve uppon 8eceipt by escrow agent.
RIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.)
19. MATE except as stated in the attached Property
❑ A. Seller is not aware of any material defects to the Property
Condition Statement. pa9e 9 of 12
(TAR-1 802) ~ 10-18-05 Initialed for ldentification by Buyer and Selle~~
com Montgomery -
prpduced with ZipFortr~ by zipLogix 18070 Fifteen Mite Road, Fraser, Michigan 48026 wwW.zioLoqix--.
Commerciai Contract - Unimproved Property Conceming
Corner of Loo 286 and HW'V 82 West aware ❑ B. Except as oth structues, p Is, wastecspr Seller Ior imp of:vements;
_
(1) any subsurface:
(2) . any pending or threatened litigation, condemnation, or assessment afFecting the Prope y;
(3) any environmental hazards or conditions that materially affect the Property;
(4) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic
waste, a dump site or landfili, or any underground tanks or containers;
(5) whether radon, asbestos containing materials, urea-formaldehyde foam insulation, lead-based
paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other
pollutants or contaminants of any nature now exist or ever existed on the Property,
(6) any wetlands, as defined by federal or state law or regulation, on the Property;
(7) any threatened or endangered species or their habitat on the Property;
(8) any present or past infestation of wood-destroying insects in the Property's improvements;
(9) any contemplated materiaf changes to the Property or surrounding area that would materially and
detrimentally affect the ordinary use of the Property;
(10) any condition on the Property that violates any law or ordinance.
(Describe any exceptions to (1)-(10) in Paragraph 12 or an addendum.) are
when 20. NOTICES: All notices befinreen the parties und i't equested, or ent by facsim le transm'ss on t the
hand-delivered, mailed by certifed matl retum ecep
parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices
to the broker representing the party to whom the notices are sent.
❑ A. Seller also consents to receive any notic mail at Bulye~'s e-mail add ess st ted in Par g aph 1.
❑ B. ; Buyer also consents to receive any notices y e any
ispute 21. DISPUTE RESOLUTION: The parties agree to seg{eiacanno9 be restolvedaby negot ation~lthe parttles w II
related to this contract that may anse. If the dp will
are
costs submit the dispute to mediation before resorting tS Nbvtes tte m nation lof th sdcont actaThishpa ag aph does
a mutually acceptable mediator. This paragraph
not preclude a party from seeking equitable relief from a court of competent jurisdiction.
22. AGREEMENT OF THE PARTIES:
A. This contract is binding on the parties, their heirs, eicecutors, representatives, successors, and
permitted assigns.
B. This contract is to be construed in accordance with the laws of the State of Texas.
C. This contract contains the entire agreement of the parties and may not be changed except in writing.
If this contract is executed in a number of identical counterparts, each counterpartis an original and all
D.
counterparts, collectively, constitute one agreement. ;
E. Addenda which are part of this contract are: (Check all thaf apply.)
0 (1) Property Description Exhibit identified in Paragraph 2;
0 (2) Commercial Contract Financing Addendum;
❑ (3) Commercial Property Condition Statement;
❑(4) Notice to Purchaser of Real Property in a Water District (MUD);
❑(5) Addendum for Coastal Area Property;
❑(6) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway; and
❑ (7) '
Note: Counsel for the Texas Association of REALTORS@ (TAR) has dero~!ate for use with h's form.~ing addenda which are promulgated by
the Texas Real Esfate Commrssion (TREC) or published by TAR are app p
lf*A and Seller/a&m_ Page 10 of 12
(fAR-1802) 10-18-05 Initialed for ldentification by Buyerhw_ .
Montgomery - M
Produced with ZipForrrO by zipLogix 18070 Fifteen Mile Road, F2ser, Michigan 48026 wvrv+.ziDL.oo~X.com
y.. OOC65~
6
Commerciai Contrad - Unimproved Property Concerning g er Will be felieved
u . If Buyer assigns this contrac , ~Y
oni if the assignee assumes, in writing, all obligations and
er 0 maY ❑ may not assign tht contract
F. B Yof any future liability under this contrac
liability of Buyer under this contract.
essence in this contract. The parties require strict compliance with th Sutimes nda f or
23. TIME: Time is of the rovision of this contract falls on a Saturday, Y,
performance. If the last day to perform under a p
lida the time for performance is extended until the end of the next day which is not a Satur ay,
legal ho y,
Sunday, or legal holiday.
this contractnce of all obligations is
DATE: The effective date of this contract for the purpose
24. EFFECTIVE
the date the escrow agent receipts this contract after all parties
25. ADDITIONAL NOTICES: A.
B.
C.
D
E. lf the Prope~ty is oc
Code, requires a notice regarding the seaward location of t
contract. now or later be included
F. If the Property is located outside the limits of a municipality, the icts Property its may boundaries and ETJ. To
urisdiction (ETJ) of a municipality and may now or later be subject to annexation
in the extra-territorial ' ~ that dep
Buyer should contact a~l municipalities
muin'cipali yas ETJ,
by the municipaPt~y~ e~ c s ocated w t►n mainta
determine if the P Y for further information.
located in the general proximity of the Property
ert inspections, surveys, engineering studies, environmental
ualified to perform prop Y ovemmental regulations, or laws.
G. Brokers are not q liance with zoning, g airmen is the
erform such services. Selection of inspectors an rep
assessS outld seek experts to~ petermine comp
should have an abstract covering the Property examined by an attorney of Buyer's selection, or
Buyer
Buyer should be fumished with or obtain a title po icy. drainage ert is situated in a utility or other statutorily crest~a wesaSelleterl ede ver and
If the Prop y
or flood control facilities and servic es, Chapter 49, Texa
he statutory notice relating to the tax rate, bonded indebtetlness, or standby fees of the
Buyer to sign t
district before final execution of this contract. described below, that you are about to
o
Notice Required by §13.257, Water Code: "The real property,
a be located in a certificated water or sewe~'fcated ervice area area: , If which your is "prope~ty is authorized by located law in a
purchase m y erties in the ce before you can
provide water or sewer service to the prop
certificated area there may be speciai cosas or charges that you will be require o pay
or ohine ifI the
receive water or sewer service. There m y be a period e~ required to You coCiarestruct.advisedlines to
provide water or sewer service to your prop y' rovider to determine the cost that you
necessary to dete
property is in a certificated area and contact the utility, service p
uired to pay and the period, if any, that is required to provide water or sewer service to your
will be req urchaser hereby acknowledges receipt of the foregoing notice at or before
property• The undersigned p urchase of the real propertjr described in the notice or at
h 2 of this contract.
the execution of a binding contract for t The real property is described in Paragrap
c l o s i n g of purchase of the real property.
'oins o r s a r e s a common boundary with the ti da l ly i n fl u e n c e d s u b~m s al area pr pe►~Y
, If the Property ad~
state, §33.135 of the Texas Natural Resources Code requires a n o t i c e r e g a r d i n g
to be include d as pa rt o f t h i s c o n t r a c t. 61.025, Texas Natura l Reso u r c e s
' I ated seaward of the Gulf Intracoastal Wahe ~Pro erty to be included as part of this
Buyer of Buyer and not the brokers. ar{ constitutes an
responsibility ert is
contract by the irs p which
26. CONTRACT AS OFFER: The e offer to buy or sell
accepts the offer by 5:00 p.m., in the time zone in the Prop y
the Property. Unless the other pa~Ycution of the this offer will lapse and become nult and void.
Ma.rch 2 2009 ,
located, on ~,.p Page 11 of 12
and Seller
(TAR-1802) 10-18-05 Initialed for ldentrfication by BuYe ' Montgomery • M
produced with ZipFormG by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 v~ aix com
000060
Commercial Contract - Unimproved Property Concerning
THIS CONTRACT CAREFULLY. The broker ct an~d ~ g consequences of r
READ this do ument or
reco ameo d ~ONSULT yohur attorney BEFORE s gning. etrans
BUyer: Jeffre Marti
By:
Printed Name:
Titie:
BUyef: Lar M~r
By:
Printed Name: ,
Title:
Sellef: Mar Mont omer
By: "::n
Printed Name._----
Title:
Selier:
B}/:
Printed Name:
Title:
REEMENT BETWEEN BROKERS
- AG
(Cooperating Broker) a
Principal Broker agrees to pay % of the sales price when the Principal Broker's fee is
fee of $ or Coo erating Broker from Principal Broker's fee at
thorized and direc paY y pPor offers and agreements for compensation
received. Escrow agent is au des an
closing. This Agreement Between Brokers supted erse to
between brokers.
Cooperating Broker
ey:
Principal Broker
By:
pTTORNEYS
Buyer's attorney is Seller's a, orney is: Q~• ~
i
Name:
Name: h rles Waldrum Address:
Address:
Phone & Fax: 903 784-4359
E-mail:
Buyer's attorney requests copies of documents,
notices, and other information:
Buyer.
~ the title company seds to
B er
Phone & Fax:
E-mail:
Seller's attorney requests copies of documents,
notices, and other information:
111- the title company sends to Seller.
❑ Buyer sends to Seller.
❑ Seller sends to uy . ~
ESCROW RECEIPT ;
Es ow agent acknowledges recei of: ~(effective dat ~
, the contract on this day ~
N in the form of
~ eamest money~~ e amount of
on ~ , Address: 33 xw lst st.
Escrow Agent: stone Title Com an Paris TX 75460
Phone & Fax:
By:
E-mail:
o-0 19 nf 12
(fAR-1802) 10-18-05 w.H,v zipLoaix com
produced with ZipFormG by zipLogix 78070 Fifteen Mile Road, Fraser, Michigan 48026
- h'
Montgomery
. O00C-61
,
TEXAS ASSOCIATION OF REALTORSO
COMMERCIAL CONTRACT FINANCING ADDENDUM
USE OF THIS FORM BY PERSONS WHO ARETO a~~~ oOot REA~TORS In ~~pp5 ON OF REALTORSB~ IS NOT AUTHORIZED.
CADDENDUM TO COMMERCIAL CONTRACT BETWE RNr ATUNDERSIGNED PARTIES CONCERNING
THE PROPE
Corner of Loo 286 and H 82 West
The portion of the Sales Price not payable in cash will be paid as follows: (Check all that 8pply.)
A. THIRD PARTY FINANCING: Property the
(1) The contract is contingent upon Buyer obtaining a third pai y loan(s) secured wi hbhe thenit al nterest rate
amount of $ for not less than Years
not to exceed ~ % per annum.
(2) Buyer will apply for the third party loan(s) described in Paragraph A(1) promptly after the effective
days
date. If Buyer cannot obtain the loan~act w ilyteman ae andethe ea nest money'te'ss any independent
after the effective date and the cont
consideration under Paragraph 76(1) of the contract, will be refunded to Buyer. If Buyer does not
give such notice within the time required, this contract will no tonger be subject to the
contingency described in this Paragraph A.
(3) Each note to be executed under this addendum is to be secured by vendor's and deed of trust liens.
❑ B. ASSUMPTION: '
(1) Buyer will assume the unpaid principal balance of the existing promissory note secured by the
Property payable to
dated which balance at closinclosing. g will be $ 2) Buyer's initial payment will be the first payment due after trust B e cur ngSthe Pntion ote ~f rehcorded ing
(note includes all obligations imposed by the deed of (recording reference)
in the real property records of the county where the Property is located. vafies
loan 3) If the unpaid principal balance of the assumed loan as hetbe adjusted by the net amount of
( balance stated in Paragraph B(1), the cash payable at closig wIl loan
amount any variance; provided, if the total prin balance
may terminatet h s contract and the earnest
greater than $ at closi g, Pay
money will be refunded to Buyer unless either party elects to eliminate the excess in the variance by
an appropriate adjustment at closing. endent (4) Buyer may terminate the contract and the eaaee~ s{ Buer if the note holder on assumptionconsideratrequires:ion ef
Paragraph 7B(1) of the contract, wilf be refun y and Seller declines to pay
(a) Buyer to pay an assumption fee in excess of $
such excess; oo; or
(b) an increase in the interest rate to more than
(c) any other modification of the loan documents. lien
and (5) Unless Seller is released of liability on any assumelleased on executio~~and deli ery eof
trust to secure assumption, which will be automaticallY e
release by the note holder.
Page 1 of 3
(TAR-1931) 10-18-05
Montgomery - M
Coldwell Banker 3749 Lamar Av aaris(9 3~ ~826 9172 Chad Brown
Phonc: (903) 782 - 9800
Produced with ZipFormG by zipLogix 16070 Fifteen Mile Road, Fraser, Michigan 48026 wv+w:ziolatix.com
ol CIPf'C6L
82 West
Corner of Loo 286 and H
Commercial Contract Financing Addendum concerning ~ f0~ aSSUIllptlon approv2
If assumption approval is required by the note holder, Buyer will app y
~6~ days after the effective date of the contract and will mak a; ~B ye an,°ay gllveffSelleC,
within rovai. If Buyer cannot obtain assumption app oobtain assumption aPP
act, anwlth~'~
written notice within days after the effective date and the contracof terminate
earnest money, less any independent consideration under Paragraph 76(1) uired refunded to BuYer. if Buyer does not give such noti withinnotethe be in dB ault doe-
not ciose because Buyer is not able to assume the ex
❑ C. SELLER FINANCING: note (the note) from Buyer to Seiler in tn;
(1) At closing, Buyer will execute and deliver a bear ng ry % interest per annum. Matured
amount of $
aid amounts will bear interes t a t t h e m a x i m u m r a t e o f i nterest ailowed by law.
unP
(Z) The note will be payable as foilows: after the datE
❑(a) in one payment, due monthly
of the note, with interest payable: ❑(i ❑ interes
includingainterest fter the dD ate of Ius
the not~
❑(b) In installments of $ intervals thereafter fo
beginning
and continuing at ❑ monthly ❑ when the entire balance of the note will be due and payable_
installments for the first
❑ including interest ❑ plus interes
(c) Interest only in ❑ monthly ❑
, years and thereafter in installments of $ after the date of the note and continuing a
beginning intervals thereafter for
a able.
monthly El
when the entire balance of the note will be dpens and an assignment of leases payable ~
(3) The note will be secured by vendor's and deed of trust
the placed designated by Seller.
ide that if Buyer fails to timely pay an installment within 10 days after tn
(4) The note wilf prov a late fee equal to 5% of the installment not paid.
installment is due, Buyer will pay (5) The note ❑ ainst the maker in th
Will ❑ will not provide for liability (personal or corporate) ag
event of default. enalt Any prepayments are to b
art at any time without p and interest will immediate'
(g) The note may be prepaid in whole or in p
applied to the payment of the installments of principal last maturing
su erior note descnt~
cease on the prepaid principal.
The lien securing payment of the note wifl tb1ei~~su~ance syfurnished rlBUyer~ at Buyer's expense, w
(7) in this addendum. If an owner's policY o
furnish Seller with a mortgagee title policy in the amount of the note at closi.ng. Seller, ~
ert is sold or conveyed without Seller's prior written consent,
(8) If all or any part of the Prop Y
Seller's option may declare the outstanding princiPal balance of the note, plus accrued interes
due and payable. Any of the following is not a sale or conveyance of the Prope y:
immediately ,
(a) the creation of a subordinate lien,
(b) a sale under a subordinate lien;
(c) a deed under threat or order of con a~ esat°on;
(d) a conveyance solely between the p eration of law.
(e) the passage of title by reason of death of a maker or op
(fAR-1931) 10-18-05 ~8070 Fifteen Mile Road, Fraser, Michi9an 48026 www ziPL~ix com
Produczd with ZipForrr~ bY ZiPLo9iX .
Page 2 of :
Montgomery
Commercial Contract Financing Addendum concerning Corner of Loo 286 and H 82 West
g f lmenLZ, (9) De osits for Taxes and Insurance: Toaethor with the ofrthepestimatedtannuainad Ivalorem taxes
will ❑ will not deposit with Seller p
on the Property and a pro rata part of the estimated annual insurance premiums for the
improvements on the Property. the and
(a) If Buyer deposits taxes and insurance depoatsiinsuffilceentBto pay gotal taxes and taxensusance
insurance deposits are only estimates and m y be
premiums. Buyer agrees to pay any deficiency within 30 days after Seller notifies Buyer of any
deficiency. Buyer's failure to pay the deficiency is a default under the deed of trust. men (b) If any superior lien holder on th tl PnSPea ce codeposiliects th tSeiler taxes
undera this naddendum is
requirement to deposit taxes an
inoperative so long as payments are being made to the supenor lien hoider.
10) Any event that constitutes a default under any superior lien constitutes a default under the deed of
~ trust securing the note.
(11) The note wili include a provision for reasonable attorney's fees for any collection action.
(12) Unless the parties a9ree otherwise, the form of the note and loan doc umant addit onal clauses.he
current edition of the State Bar of Texas Real Estate Forms Manual wtt o y
D. CR~.U► ~ Hrrrcvvr,~ . _ - -
roval or seller fnancing, Buyer will deliver
(1) To establish Buyer's creditworthiness for assumption app days after the effective
' to Seller the following information (Buyer's documentation) within
date of the contract: ❑(a) verification of employment, including salary;
❑(b) verifcation of funds on deposit in financial institutions;
a (c) current financial statement;
❑ (d) credit report; D (e) tax retums for the following years
❑ (fl sole (2) If Buyer does not timely deliver Buyees documentation or Selema e te minate the colnt act by
discretion, that Buyer's creditworthiness is not accedays afteethe date Buyer must deliver Buyer's
giving written notice to Buyer not later than
documentation under Paragraph D(1) and the earnest money, less any independent consideratior
under Paragraph 76(1) of the contract, will be refunde~ d to aveeacc pteldrBuyer's creditely terminatE
the contract under this paragraph, Seller will be deem
D E. SPECIAL PROVISIONS:
Buyer Martin Date
rey
<h~-
Date
Buyer L Ma.rtin
'-O `
Montgome DatE
Seller ~
eller
(fAR-1931) 10-18-05
Produced with ZipFormG bY ZiPLo9iX 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zip_ Loa~X ~°m
DatE
Page 3 of :
Montgomery - M
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MEMORANDUM
TO: Chairnlan and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Community Development Department
SUBJECT: Zoning Change Requests
DATE: March 26, 2009
The following zoning change request will be presented at the Apri16, 2009, meeting of the
Planning and Zoning Commission and the Apri127, 2009, meeting of the City Council of the City
of Paris for consideration:
l. Jeff Martin is requesting that the property located on Lots PT of 9 and 9A, City
Block 331, being located in the 3700 Block of Bonham, be rezoned from a Planned
Development District (PDa-f) Retail Shopping Center or Office Center to a General Retail
District (GR). The Comprehensive Plan recommends that this property be zoned General
Retail District (GR).
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
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