2009-034-ORD REZONE 2800 BLOCK OF PINE MILL RDORDINANCE NO. 2009 -034
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 LOT 13, CITY BLOCK 259, A PART
OF THE HIRAM WILLIAMS SURVEY,LOCATED IN THE 2800 BLOCK OF PINE
MILL ROAD, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED
DEVELOPMENT DISTRICT (PD -b) HOUSING DEVELOPMENT OR COMMUNITY
UNIT DEVELOPMENT 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 Lot 13, City Block 259, a part of the Hyran
Williams Survey, located in the 2800 Block of Pine Mill Road, City of Paris, Lamar County, Texas
from a Planned Development District (PD -b) Housing Development or Community Unit
Development to a General Retail District (GR); and,
WHEREAS, on August 3, 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 August 24, 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 Future Land Use 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 Lot 13,
City Block 259, a part of the Hiram Williams Survey, located in the 2800 Block of Pine Mill Road,
City of Paris, Lamar County, Texas, from a Planned Development District (PD -b) Housing
Development or Community Unit Development 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.
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 validity 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. That the City Council voted by a supermajority vote of the entire Council to
suspend the rule requiring two readings before adoption of ordinances 6 ayes and 0 nays.
Section 9. That this ordinance shall become effective from and after its passage of the first
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 24th day of August, 2009.
J sse Jam Freelen, Mayor
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
)z<t* —
W. Kent Mc ya , ' Attorney
Lamar County, TX
Kath Marlowe - Count Clerk
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„Z�C, -DI 1� (alt`_ kbTICE OF CONFIDENTIALITY RIGHTS: 3 (4s-
IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 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
WITH VENDOR'S LIEN
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF LAMAR §
THAT SALLY H. MCCOY, joined pro -forma herein by her spouse, WILLIAM
MCCOY, HARPER SIX FAMILY LIMITED PARTNERSHIP, a Texas limited
partnership, DONALD GRANT WILSON, TRUSTEE OF THE DONALD GRANT
WILSON 1998 TRUST, H. GREGORY WILSON, TRUSTEE OF THE HOUSTON
GREGORY WILSON 1998 TRUST, HOUSTON DAVID HARRISON, joined pro -forma
herein by his spouse, KATHLEEN HARRISON, DONALD G. WILSON and BARBARA
H. WILSON ( "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars
($10.00) cash and other good and valuable consideration and the further consideration of the
execution and delivery by the Grantee of that one certain promissory note of even date herewith
in the principal sum of $3,220,000.00, payable to the order of Stillwater National Bank and
Trust Company, ( "Lender "), as therein specified, providing for acceleration of maturity and for
attorney's fees, secured by the vendor's lien retained herein, and is additionally secured by a deed
of trust of even date herewith to Matt Pollock, Trustee, the receipt and sufficiency of which are
acknowledged and confessed, has GRANTED, BARGAINED, SOLD, and CONVEYED, and by
these presents does GRANT, BARGAIN, SELL, and CONVEY unto ROCKY BLUFF, L.L.C.,
0 ahoma limited liability company ( "Grantee "), whose mailing address is
p
14b, hnd !k �p 'Z , that certain tract of real property located in
Lamar County, Texas, mote particularly described on Exhibit "A" attached hereto and
incorporated herein by reference for all purposes, together with all and singular, the
improvements, fixtures, and any right, title and interest of Grantor in and to any adjacent streets,
roads, alleys, rights -of -way, strips and gores adjoining the real property, any development rights,
air rights, water rights, and any other easements, interests, rights, powers and privileges
appurtenant or incident to the use of the real property, but LESS AND EXCEPT, and reserving
unto Grantor, all right, title and interest of Grantor, if any, in and to all of the oil, gas, coal,
metallic ores and other minerals in, under and that may be produced from all of such real
property, and all rights, interests and estates pertaining thereto (herein collectively called the
"Property ").
This Deed is executed by Grantor and accepted by Grantee subject to the encumbrances
set forth on Exhibit `B" attached hereto (herein collectively called the "Permitted Exceptions ").
E X H I B f T ,,L
TO HAVE AND TO HOLD the Property together with all and singular the rights and
appurtenances thereto in any wise belonging unto Grantee, its successors and assigns forever;
and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER
DEFEND all and singular the Property, subject to the Permitted Exceptions, unto Grantee, and
Grantee's heirs, executors, administrators, personal representatives, successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through, or under Grantor, but not otherwise.
But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the
above described premises, is retained against the above described property, premises and
improvements until the above described note and all interest thereon are fully paid according to
the face, tenor, effect and reading thereof, when this Deed shall become absolute.
THAT, Lender, at the instance and request of the Grantee herein, having advanced and
paid in cash to the Grantor herein that portion of the purchase price of the herein described
property as is evidenced by the herein above described Note, the Vendor's Lien, together with the
Superior Title to said property, is retained herein for the benefit of said Lender and the same are
hereby TRANSFERRED AND ASSIGNED to said Lender, its successors and assigns.
Grantor waives any and all rights of surface access to the Property with respect to any
mineral rights reserved to Grantor herein, if any.
This document may be executed in multiple counterparts, each of which shall constitute
an original.
EXECUTED to be effective as of the 19th day of December, 2008.
G OR•
ALLY CCOY
c
Zli-n /A
WILLIAM MCCO
HARPER SIX FAMILY LIMITED
PARTNERSHIP, a Texas limited partnership
By: Harper GP, Inc., its general partner
By:
Printed Name: Susan M. Harper
Title: President
DONALD G. WILSON, TRUSTEE OF THE
DONALD GRANT WILSON 1998 TRUST
H. GREGORY WILSON, TRUSTEE OF THE
HOUSTON GREGORY WILSON 1998 TRUST
HOUSTON DAVID HARRISON
KATHLEEN HARRISON
This document may be executed in multiple counterparts, each of which shall constitute
an original.
EXECUTED to be effective as of the 19th day of December, 2008.
GRANTOR:
SALLY H. MCCOY
WILLIAM MCCOY
HARPER SIX FAMILY LIMITED
PARTNERSHIP, a Texas limited partnership
By: H per GP, Inc., its general partner
By:
Printed Name: Susan M. Harper
Title: President
DONALD G. WILSON, TRUSTEE OF THE
DONALD GRANT WILSON 1998 TRUST
H. GREGORY LSON, T USTEE OF THE
HOUSTON G CRY WILSON 1998 TRUST
HOUSTON D XVID HARRISON
KATHLEEN SON
This document may be executed in multiple counterparts, each of which shall constitute
an original.
EXECUTED to be effective as of the 19`h day of December, 2008.
GRANTOR:
SALLY H. MCCOY
WILLIAM MCCOY
HARPER SIX FAMILY LIMITED
PARTNERSHIP, a Texas limited partnership
By: Harper GP, Inc., its general partner
RV.-
Printed Name: Susan M. Harper
Title: President
DONALD . W I , TRUSTEE OF THE
DONAL GRANT WILSON 1998 TRUST
H. GREGORY WILSON, TRUSTEE OF THE
HOUSTON GREGORY WILSON 1998 TRUST
HOUSTON DAVID HARRISON
KATHLEEN HARRISON
This document may be executed in multiple counterparts, each of which shall constitute
an original.
EXECUTED to be effective as of the 19th day of December, 2008.
GRANTOR:
SALLY H. MCCOY
WILLIAM MCCOY
HARPER SIX FAMILY LIMITED
PARTNERSHIP, a Texas limited partnership
By: Harper GP, Inc., its general partner
By:
Printed Nam : Susan M. Harper
Title: Preside
DONALD G. WILSON, TRUSTEE OF THE
DONALD GRANT WILSON 1998 TRUST
H. GREGORY 9RY SON, TRUSTEE OF THE
HOUSTON GRE WILSON 1998 TRUST
0 Z
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OFF • • �• •
T RRISON
DONALD G. WILSON
BARBARA H. WILSON
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF 041115
This instrument was acknowledged before me on the 18 J4 day of DECEMBER, 2008,
by SALLY H. MCCOY AND HUSBAND, WILLIAM MCCCCOOY.
Notary Public, State of Texas
ME- ublic ACKNOWLEDGMENT exas . 04. 03.2010
STATE OF TEXAS '
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of DECEMBER, 2008,
by Susan M. Harper, President of Harper GP, Inc., General Partner of Harper Six
Family Limited Partnership, on behalf of said entity.
Notary Public, State of Texas
DONALD G. WILSON
BARBARA H. WILSON
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of DECEMBER, 2008,
by SALLY H. MCCOY AND HUSBAND, WILLIAM MCCOY.
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF LAMAR '
This instrument was acknowledged before me on the i day of DECEMBER, 2008,
by Susan M. Harper, President of Harper GP, Inc., General Partner of Harper Six
Family Limited Partnership, on behalf of said entity.
Notary Public, State of'T
DENISE MOFFITT"
Notary Public
STATE OF TEXAS A
My Commission
E %pifes 12/02/2009 *
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ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF �r-a-
This instrument was acknowledged before me on the V day of DECEMBER, 2008,
by Donald Grant Wilson, Trustee of The Donald Grant i son 1998 Trust.
G. DEAN GI Notary ublic, State of Texas
MY COMMISSION EXPIRES
>fi September 30, 2012
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of DECEMBER, 2008,
by Houston Gregory Wilson, Trustee of the Houston Gregory Wilson 1998 Trust.
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of DECEMBER, 2008,
by DONALD G. WILSON.
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of DECEMBER, 2008,
by Donald Grant Wilson, Trustee of The Donald Grant Wilson 1998 Trust.
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the I TO —day of DECEMBER, 2008,
by Houston Gregory Wilson, Trustee of the Houston Gregory Wilson 1998 Trust.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF LAMAR
P�
This instrument was acknowledged before me on the day of DECEMBER, 2008,
by DONALD G. WILSON. 1 �!
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Notary Public, State of Texas
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STATE OF TEXAS `
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ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF LAMAR
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This instrument was acknowledged before me on the day of DECEMBER, 2008,
by DONALD G. WILSON. 1 �!
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ACKNOWLEDGMENT
STATE OF TEXAS I
COUNTY OF LAMAR I n the day of DECEMBER, 2008,
This instrument was acknowledged before me o
by BARBARA H. WILSON.
DENISE MOFFITT6 of Te)6'
A, - Notary Public Notary' PAlic, State
ATE OF TEXAS
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ACKNOWLEDGMENT
STATE OF
COUNTY OF
This instrument was acknowledged before me on the _ day of DECEMBER, 2008,
by HOUSTON DAVID HARRISON AND WIFE, KATHLEEN HARRISON.
Notary Public, State of
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of DECEMBER, 2008,
by BARBARA H. WILSON.
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF
COUNTY OF
This instrument was acknowledged before me on the k`4- day of DECEMBER, 2008,
by HOUSTON DAVID HARRISON AND WIFE, KATHLEEN HARRISON.
Notary P ic, State of 1(Vt
R. URSULA AGUIRRE
NOTARY PUBLIC
BALTIMORE COUNTY
MARYLAND
MY COMMISSION EXPIRES OCTOBER 21, 2012
G 'S ADDRESS FOR TAX NOTICES:
AFTER RECORDING, RETURN TO:
Chicago Title Insurance Company
2001 Bryan Street, Suite 1700
Dallas, Texas 75201
Attn: Leslie B. Wheeler
2108 -01598
Exhibit "A"
Being a 2.500 acre tract of land in the Hiram Williams Survey, Abstract No. 1003, in the
City of Paris, Lamar County, Texas; being all of that certain tract of land described as
Exhibit "D" and part of the residue of that certain called 73.53 acre tract of land described
as Exhibit "A" in deed dated December 29, 2000, recorded in Volume 1037, Page 183 in
the Lamar County Real Property Records (L.C.R.P.R.), to Sally H. McCoy, Harper Six
Limited Partnership, The Donald Grant Wilson 1998 Trust, The Houston Gregory Wilson
1998 Trust, Houston David Harrison, Donald G. Wilson and Barbara H. Wilson, said
Exhibit "D" also being Lot 13 of the Final Plat of Lots 13, 13 -A, 13 -B, 13 -C, 13 -D, City
Block 259, as recorded in Envelope 350 -D of the Lamar County Plat Records (L.C.P.R.);
said 2.500 acre tract of land is more particularly described by metes and bounds as
follows (all bearings cited herein are based on South 68 degrees 52 minutes 38 seconds
East along the north boundary line of the subject tract according to Vol. 1703, Pg. 250 of
the Lamar County Official Public Records (L.C.O.P.R.):
BEGINNING at a 1/2 -inch iron rod with cap set in the east right -of -way line of North
Collegiate Drive (75 feet wide per Vol. 704, Pg. 701 and Vol. 706, Pg. 581 of the Lamar
County Deed Records) for the southwest corner of that certain called 3.762 acre tract of
land described in deed dated November, 30 2005, to HCRI Texas Properties, LTD,
recorded in Vol. 1703, Pg. 250, L.C.O.P.R. and the northwest corner of the herein
described tract, from which a found 1/2 -inch iron rod with cap bears North 68 deg. 52
min. 38 sec. West, a distance of 0.42 feet;
THENCE South 68 deg. 52 min. 38 sec. East, along the south boundary line of said HCRI
Texas Properties tract, a distance of 248.80 feet to a set 1/2 -inch iron rod with cap, from
which a 1/2 -inch iron rod with cap found for the southeast corner of said HCRI Texas
Properties Tract bears South 68 deg. 52 min. 38 sec. East, a distance of 395.04 feet
THENCE South 23 deg. 27 min. 29 sec, West, a distance of 374.12 feet to a 1/2 -inch iron
rod with cap set in a curve to the right in the north right -of -way line of Pine Mill Road
(60 feet wide per Envelopes 350 -D and 367 -A, L.C.P.R.);
THENCE along the north night-of-way line of Pine Mill Road as follows: with said curve
to the right having a radius of 686.20 feet, a central angle of 25 deg. 00 min. 54 sec., and
a chord that bears North 61 deg. 57 min. 35 sec. West, a distance of 297.22 feet, at an arc
distance of 228.26 feet passing the southeast corner of said Lot 13, and continuing along
the south boundary line of said Lot 13, a total arc distance of 299.59 feet to a 1/2 -inch
iron rod with cap set for the end of said curve; North 49 deg. 26 min. 33 sec. West
continuing along the south boundary line of said Lot 13, a distance of 13.64 feet to a 1/2-
inch iron rod with cap set in the east right -of -way line of North Collegiate Drive for the
southwest comer of said Lot 13;
REAL ESTATE PURCHASE CONTRACT
This Real Estate Purchase Contract (the "Agreement') is entered into effective
November 24, 2008, by and between SALLY H. MCCOY and WILLIAM MCCOY, husband
and wife (8.33 %), HARPER SIX FAMILY LIMITED PARTNERSHIP, a Texas limited
partnership (41.67 %), DONALD G. WILSON, TRUSTEE OF THE DONALD GRANT
WILSON 1998 TRUST (21 %), H. GREGORY WILSON, TRUSTEE OF THE HOUSTON
GREGORY WILSON 1998 TRUST (21 %), HOUSTON DAVID HARRISON and KATHLEEN
HARRISON, husband and wife (6.24 %), and DONALD G. WILSON (0.88 %) and BARBARA
H. WILSON (0.88 %), husband and wife (collectively, "Seller', and ROCKY BLUFF, L.L.C.,
an Oklahoma limited liability company, or its assigns (`Buyer'.
RECITALS:
A. Seller granted to Standridge Development ( "Standridge', affiliate of Buyer, an
option to purchase the following real property, pursuant to a certain Option to Purchase Real
Estate (the "®ption'� by and between Seller and Standridge, as amended:
(i) approximately 2.5 acres of land located in the City of Paris, Lamar
County, Texas, being more particularly described on Exhibit "A"
attached hereto, BUT LESS AND EXCEPT all right, title and interest of
Seller, if any, in and to all of the oil, gas, coal, metallic ores and other
minerals in, under and that may be produced from all of such land, and all
rights, interests and estates pertaining thereto (but excluding all rights of
surface entry) (the `Land's; and
(ii) all right, title and interest of Seller in and to all streets, alleys, easements
and rights -of -way in, on, across, in front of, abutting or adjoining the Land
and any other appurtenances belonging thereto (collectively the
"Appurtenances'.
The Land and Appurtenances are hereinafter collectively called the "Property ".
B. Standridge has assigned the Option to Buyer. Buyer has notified Seller of
Buyer's election to exercise its right to purchase the Property in accordance with the Option, and
Seller and Buyer desire to enter into this Agreement for purposes of setting forth the terms and
conditions for Seller's sale of the Property to Buyer.
AGREEMENTS:
In consideration of the covenants contained herein and for other valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as
follows:
Article 1— Agreement to Buy and Sell
Seller hereby agrees to sell the Property to Buyer, and Buyer hereby agrees to purchase
the Property from Seller, subject to the terms and conditions of this Agreement.
0:\DOCS\ZWA \S &J\Paris\Purchase Contract -1doc
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Article 2 — Purchase Price
The total purchase price for the Property (herein the "Purchase Price's shall be the sum
of $762,300.00, payable as follows:
2.1 Cash at Closing. On the Closing Date, Buyer shall pay to Seller the
Purchase Price in cash or other immediately available funds, subject to the prorations and
adjustments set forth below.
2.2 Option Fee. Buyer has previously paid to Seller an Option Fee (herein so
called) in the amount of $2,010.00 pursuant to the Option. The Option Fee represents
independent consideration for Buyer's option to purchase the Property pursuant to the Option
and this Agreement and shall not be refundable for any reason, nor applied against the Purchase
Price.
Article 3 — Title and Survey
3.1 Title Commitment. Within twenty (20) days after the Effective Date,
Buyer shall obtain from Chicago Title Insurance Company, 2001 Bryan Street, 17th Floor,
Dallas, Texas 75201, Attn: Leslie B. Wheeler, Senior Vice President, telephone: (214) 965 -1661;
facsimile: (214) 965 -1633; email: leslie.wheeler @ctt.com (the "Title Company "), a title
commitment ( the "Title Commitment') w hick binds the Title C ompany t o issue t o Buy er a
Texas Form T -1 Owner's Policy Title Insurance (the "Title Policy ") covering the Property in the
full amount of the Purchase Price; and true and correct copies of any and all instruments
referenced in the Title Commitment which constitute exceptions or restrictions upon the title of
Seller (the "Title Documents').
3.2 Survey. Buyer may, at its expense, obtain a current survey of the Property
( "Survey "). If the description of the Property set forth in t he final Survey v aries f rom the
description attached to this Agreement as Exhibit "A ", then the description set forth in the final
Survey shall be used in the Deed delivered by Seller to Buyer at Closing.
3.3 Title Review. After Buyer has received all of the Title Commitment, Title
Documents and Survey, Buyer shall have ten (10) business days within which to review all of
said items and notify Seller in writing (the "Objection Notice's of Buyer's objections (the "Title
Objections' to any matters contained therein. Any matters described in the Title Commitment
or Survey to which Buyer does not object shall be deemed to be "Permitted Exceptions" to title
under this Agreement. Any matters affecting marketability of title to the Land which first arise
after the effective time of the Title Commitment and before the Closing shall be deemed Title
Objections, unless Buyer otherwise waives the same in writing or closes without written
objection. Seller agrees to notify Buyer promptly upon Seller becoming aware of any Title
Objection coming into existence after the date of the Title Commitment.
3.4 Cure or Noncure of Title Objections. Seller shall have until the Closing to
cure the Title Objections. Seller shall not be obligated to cure or attempt to cure any Title
Objection, other than voluntary mortgage liens or other liquidated sums secured by a lien filed
against the Property, and shall in no event incur any liability to Buyer by reason of any failure or
refusal to cure any Title Objection. Seller shall bear the cost of curing any Title Objections
which it does elect or attempt to cure. Seller agrees, within five (5) business days of its receipt
of the Objection Notice, to notify Buyer of any Title Objections which Seller determines it is
GADOCS\ZWA \S &J\Paris \Purchase Contract -1doc
-2-
unwilling or unable to cure. In the event that Seller has indicated its unwillingness or inability to
cure a Title Objection or, in the alternative, if Seller does not give such a notice of its inability or
unwillingness to cure such a defect and all Title Objections are not cured by the Closing Date,
Buyer's exclusive rights under this Agreement shall be either:
(1) to waive any such uncured Title Objections, close without
reduction in the Purchase Price and accept such title as Seller is able to convey, and by such
waiver and acceptance Buyer shall be deemed to have waived any and all claims and/or causes of
action against Seller for damages or any other remedies for any and all defects in and/or
exceptions to the title to the Property; or
(ii) to terminate this Agreement by notifying Seller and the Title
Company in writing, in which event Seller and Buyer shall have no further rights or obligations
hereunder.
Article 4 — Seller's Representations; Inspection
4.1 Representations and Warranties by Seller. Seller hereby represents and
warrants to Buyer that on the Effective Date and on the Closing Date:
4. 1.1 No Tenants. There are no tenants of the Property, or any portion
thereof, and no other parties in possession of any portion of the Property claiming under Seller.
4.1.2 No Pending Condemnation. There are no pending eminent domain
proceedings or special assessments of any nature with respect to the Property or any part thereof.
Seller has not received any notices of any eminent domain proceedings or special assessments
being contemplated with respect to the Property or any part thereof, and Seller does not have any
knowledge of any such actions being contemplated.
4.1.3 Seller Authority. Seller has full power, authority and legal right to
execute and deliver this Agreement and to perform and observe the covenants and agreements
contained herein.
4.1.4 No Special Use Exemptions. No part of the Property has been
assessed f or r eal e state taxes dur ing t he p receding five ( 5) years using a ppraisal p rocedures
established for either (i) lands designated for "agricultural use" value with the meaning of TEX.
CONST. art. VIII, § 1 -d to value the Land, or any part thereof, or (ii) "open -space land" devoted
to timber production on the basis of its productive capacity or "open -space land" devoted to
agricultural use within the meaning of TEX. CONST. art. VIII, §1 -d -1 and TEX. TAX CODE
§ §23.51 -23.56 and 23.71 -23.78 to value the land, or any part thereof. In the event that real estate
taxes have been assessed based on either (i) or (ii), Seller shall pay any and all subsequent
assessments therefor.
4.1.5 Development Commitments. There are no commitments by Seller
to any governmental authority, utility company, or other organization, group or individual
relating to the Property which could impose an obligation upon Buyer or its successors or assigns
to make any contributions or dedications of money or land or to construct, install or maintain any
improvements of a public or private nature on or off of the Property.
4.1.6 No Pending Litigation. Seller has no knowledge of any pending or
threatened litigation or administrative proceedings that could adversely affect title to the Property
or any part thereof, or the ability of Seller to perform any of its obligations hereunder.
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4.1.7 Continuing Representations. Seller's foregoing representations
and warranties shall be deemed continuing and, unless written notice to the contrary is given to
Buyer on or before the Closing, the same shall be true and correct on and as of the Closing with
the same force and effect as if made at that time. If any of the foregoing representations and
warranties are found to be incorrect before Closing, Buyer may terminate this Agreement upon
written notice to Seller at any time before Closing. Seller's representations and warranties under
this Section 4.1 shall survive the Closing.
4.2 Inspection.
42.1 Inspection of Premises. Buyer and its representatives may, at all
reasonable times during normal business hours, enter upon the Property to conduct
environmental studies, soil tests and other appropriate on -site evaluations to ascertain whether
the Property is suitable to meet Buyer's objectives. Buyer shall bear the cost of all such
inspections or tests.
4.2.2 Inspection of Documents. Within five (5) days after the full
execution of this Agreement, Seller shall deliver to Buyer copies of all soil, engineering or
environmental s tudies, a udits, r eports o r s urveys relating t o t he P roperty t hat are in Seller's
possession or control (herein "Property Documents'.
If the Closing does not occur for any reason whatsoever, Buyer shall return to Seller all
of the Property Documents which Seller has delivered to Buyer.
4.3 Indemnity. Buyer agrees to indemnify and hold Seller harmless from and
against any and all liens, claims, causes of action, damages, liabilities, and expenses (including
reasonable attorneys' fees) arising from any act, omission, or negligence of Buyer or Buyer's
contractors, licensees, agents, servants, employees, officers, and directors, or arising from any
accident, injury, or damage whatsoever occurring on or about the Property or any part thereof, by
reason of Buyer's conducting the environmental studies, soil tests, and engineering work and
other evaluation herein described, and shall restore the Property to its present condition. Buyer's
obligations and er t his S ection 4.3 s hall s urvive t he t ermination o f this Ag reement and s hall
survive the Closing.
4.4 Termination. I f Buy er d etermines t hat t he P roperty is not s uitable for
Buyer's purposes, then Buyer may terminate this Agreement by written notice to Seller at any
time before the Closing Date, in which event the parties shall have no further obligations
hereunder, except for matters that expressly survive termination of this Agreement.
Article 5 — fRESERVEIDI
Article 6 — Closing
6.1. Closing. If this Agreement has not been terminated, the closing of the
transaction contemplated herein shall be held on or before December 19, 2008 (the "Closing "),
with the date to be selected by Buyer on five (5) days prior written notice to Seller. The Closing
shall be effected through an escrow to be opened by the parties with the escrow department of
the Title C ompany, a nd the a ctual date o n which t he Closing is c onsummated is c alled t he
"Closing Date." The following procedure shall be followed by the parties in connection with the
Closing:
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6. 1.1. Seller. At the Closing, Seller shall deliver or cause to be delivered
to Buyer the following:
a. Special Warranty Deed. A Special Warranty Deed (the
"Deed "), in the form attached hereto as Exhibit B, conveying to Buyer the Real
Property, subject only to the Permitted Exceptions.
b. FIRPTA Affidavit. An affidavit in form and substance
satisfactory to Buyer stating that Seller is not a "foreign person" as defined in Section
1445 of the Internal Revenue Code and implementing regulations.
C. Proof of Authority. Such evidence as to the authority of
Seller to enter into this Agreement and to discharge the obligations of Seller pursuant
hereto as Buyer or the Title Company shall reasonably require.
d. Proration Amounts. Such payments to Buyer (or credits
against the Purchase Price) as may be required to effect the prorations required by this
Agreement.
e. Additional Documents. Such additional documents,
including lien and possession affidavits, as may be reasonably requested by Buyer or the
Title Company to consummate the Closing.
6.1.2. Buyer. At Closing, Buyer shall deliver or cause to be delivered to
Seller the following:
a. Purchase Price. The Purchase Price, subject to adjustments
and prorations as provided in this Agreement, in immediately available United States
funds.
b. Proof of Authority. Such evidence as to the authority of
Buyer to enter into this Agreement and to discharge the obligations of Buyer pursuant
hereto as Seller or the Title Company shall reasonably require.
C. Additional Documents. Such additional documents as may
be reasonably requested by Seller or the Title Company to consummate the Closing.
6.1.3. Possession. Possession of the Property will be given to Buyer on
the Closing Date, subject only to the Permitted Exceptions.
GADOCS\ZWA \S &J\Paris\Purchase Contract -MOM
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Article 7 — Taxes, Prorations, and Brokerage
7.1 Costs and Prorations. Seller shall pay the following Closing costs:
Seller's attorney's fees, the basic premium for the Title Policy, one -half (1/2) of the Closing fee
charged by the Title Company, and any other costs of Seller specified elsewhere in this
Agreement. Buyer shall pay the following Closing costs: the cost of any endorsements to the
Title Policy, Buyer's attorney's fees, the cost to record the Deed, one -half (1/2) of the Closing
fee charged by the Title Company, any costs associated with Buyer's financing of the acquisition
of the Property, and any other costs o f Buyer specified elsewhere in this Agreement. Any
Closing costs not specifically allocated above or elsewhere in this Agreement shall be allocated
in accordance with usual and customary practice in the locality of the Property, provided, if no
usual or customary practice exists, such other costs will be borne equally by the parties.
7.2 Prorations. The income and expenses of the Property will be prorated as
of the Closing Date and the Purchase Price will be adjusted on the following basis:
a. Accounts Payable. All sums due for accounts payable by
Seller which were owing or incurred by the Property prior to the Closing Date will be
paid by Seller. Buyer will furnish to Seller any bills for such period received after the
Closing Date for payment, and Buyer will have no further obligation with respect thereto.
All accounts payable by the owner of the Property incurred on and after the Closing Date
will be paid by Buyer.
b. Taxes. All real property ad valorem taxes assessed against
Seller and the Property for all years preceding the year in which Closing occurs, any
rollback taxes imposed on the Property for periods preceding the Closing Date, and any
matured and uninatured installments of special assessments with respect to the Property,
shall be paid by Seller. The real property taxes for the year in which Closing occurs shall
be prorated on a calendar year and per diem basis as of the Closing Date, and Seller
agrees to a ccept a s a credit against the Purchase Price t he portion attributable to the
period prior to the Closing Date. Buyer agrees to pay all real property taxes for the year
in which Closing occurs and subsequent years.
C. Method of Proration. In the event that the apportionments
hereinabove provided for result in a credit balance to the Buyer, such sum shall be
applied against the Purchase Price at the Closing. In the event the apportionments
hereinabove provided result in a credit balance to the Seller, such credit balance shall be
added to the Purchase Price payable at Closing.
d. Adjustment. If any adjustments pursuant to this Section 7.2
are, subsequent to Closing, found erroneous, then either party hereto who is entitled to
additional monies may invoice the other party for such additional amounts as may be
owing, and such amount shall be paid within ten (10) days from receipt of this invoice.
This covenant shall survive the Closing.
7.3. Brokerage. With the exception of Lone Star Realty ( "Broker "), who has
represented Seller, each party (the "Indemnifying Party ") represents and warrants to the other
that it has not dealt with any real estate brokers or other third parties in connection with the
transaction embodied herein who are entitled to be compensated for brokerage services and the
Indemnifying Parry agrees to indemnify and hold the other harmless from and against any claim,
GA\DOCS\ZWA \S &J\Paris\Purchase Contract -1doc
Sll
loss, liability, damage, fee, cost, or expense, including attorney's fees, arising out of any
compensation due or alleged to be due to any other broker with whom the Indemnifying Party
may have dealt. If the Closing occurs, Seller agrees to pay to Broker a commission pursuant to a
separate written commission agreement. This Section shall survive the Closing or termination of
this Agreement for any reason.
ARTICLE 8 - Risk of Loss.
8.1 Eminent Domain. In the event all or any portion of the Property, or any
access to the Property, or any interest in the Property is taken or is threatened to be taken by
eminent domain (whether or not an eminent domain proceeding is actually commenced) prior to
Closing, Seller shall immediately notify Buyer in writing (the "Eminent Domain Notice ")
which shall include a description in reasonable detail of the property or interest therein to be
taken. In such event Buyer may, at its sole election, terminate this Agreement by giving written
notice of such election to Seller not later than the Closing Date, in which event neither party shall
have any further rights or obligations under this Agreement. Unless Buyer terminates this
Agreement, Buyer shall be entitled to participate in the taking proceeding or the negotiations
regarding the taking award, and Seller shall assign to Buyer at Closing Seller's right, title and
interest in any taking award which remains unpaid to Seller in connection with such taking.
Further in such event, Buyer shall receive as a credit against the Purchase Price the amount of
any taking award previously paid to Seller in connection with the taking and not used in the
repair or restoration of the Property prior to Closing. As used herein a "taking" shall be deemed
to include a voluntary conveyance in lieu of a taking by eminent domain.
Article 9 — Default and Remedies
In the event a default occurs in the performance of any party's obligations
hereunder, the non - defaulting party shall, as a condition of exercising its remedies hereunder,
provide written notice of such default to the other party. The defaulting party shall thereafter
have five (5) business days, commencing the day notice is deemed received, in which to remedy
such default. I f Seller de faults he reunder a nd f ails t o t imely c ure such de fault, o r if Seller
wrongfully refuses to close the sale of the Property under the terms of this Agreement, Buyer
shall be entitled to the remedies under Texas law at the time of the breach, including, without
limitation, specific performance and the right to recover its damages. If Buyer defaults
hereunder and fails to timely cure such default or if Buyer wrongfully refuses to close the
purchase of the Property under the terms of this Agreement, Seller shall be entitled, as its sole
remedy, to terminate this Agreement.
Article 10 — Notices
10.1. Notices. Any notice, request, demand, instruction or other communication
given to either party hereunder, except those required to be delivered at Closing, shall be in
writing, and shall be deemed to be delivered (a) on receipt if by hand delivery or facsimile
transmission and (b) whether actually received or not, upon deposit of both the original and the
copy, as provided below, in a regularly maintained official depository of the United States mail
located in the continental United States, and sent by registered or certified mail, postage prepaid,
return receipt requested, addressed as follows:
G:\DOCS\ZWA \S &J\Paris\Purchase Contract -Moc
50
If to Seller: c/o Donald G. Wilson
3110 Stacy Lane
Paris, Texas 75460
FAX: 972/ -
With copies to: McLaughlin, Hutchison, Starnes and Biard
38 1St Street NW
Paris, Texas 75460
Attn: Will Biard
FAX: 972/785 -7580
If to Buyer: Rocky Bluff, L.L.C.
P.O. Box 746
Lindsay, Oklahoma 73052
Attn: Scott A. Standridge
FAX:
With copies to: Mock Schwabe Waldo Elder Reeves
& Bryant
Two Leadership Square, 14th Floor
211 N. Robinson
Oklahoma City, Oklahoma 73102
Attn: Zachary W. Allen
FAX: 405/235 -0333
10.2. Changes. The addresses and addressees for the purpose of this Article 10
may be changed by either party by giving notice of the change to the other party in the manner
provided herein for giving notice. For the purpose of changing the addresses or addressees only,
unless and until such written notice is received, the last address and addressee stated herein shall
be deemed to continue in effect for all purposes.
Article 11—Miscellaneous
11.1. Entire Agreement. This Agreement and the exhibits attached hereto
contain the entire agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has been or is relied
upon by either party.
11.2. Amendment. No modification or amendment of this Agreement shall be
of any force or effect unless made in writing and executed by both Buyer and Seller.
11.3. Construction. If any litigation arises hereunder, it is specifically stipulated
that this Agreement shall be interpreted and constructed according to the laws of the State of
Texas.
11.4. Costs of Litigation. In connection with any legal action arising out of this
Agreement, the prevailing party in any litigation between the parties is entitled to recover, as a
part of its judgment, reasonable attorney's fees and costs of suit.
GA\DOCS\ZWA \S &J\Paris \Purchase Contract -3.doc
11.5. Effective Date. All references in this Agreement to the "Effective Date"
or similar references shall be deemed to refer to the date when both parties have executed this
Agreement.
11.6. Gender. Words of any gender used in this Agreement shall be held and
construed to include any other gender, and words of singular number shall be held to include the
plural and vice versa, unless the context requires otherwise.
11.7. Severability. If any one or more of the provisions of this Agreement, or
the applicability of any such provision to a specific situation, shall be held to be invalid or
unenforceable, such provisions shall be modified to the minimum extent necessary to make it or
its application valid and enforceable, and the validity and enforceability of all other provisions of
this Agreement and all other applications of any such provisions shall not be affected thereby.
11.8. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but such counterparts together shall constitute
one and the same instrument.
11.9. Survival. All warranties, representations and agreements contained herein
or arising out of the sale of the Property by Seller to Buyer shall survive the Closing hereof.
11.10. Further Acts. In addition to the acts recited in this Agreement to be
performed by Seller and Buyer, Seller and Buyer agree to perform or cause to be performed at
the Closing any and all such further acts as may be reasonably necessary to consummate the
transactions contemplated hereby.
11.11. Exhibits. All exhibits described in this Agreement are by this reference
fully incorporated herein and made a part hereof by reference for all purposes.
11.12 Binding Effect; Assignment. This Agreement and the terms and
provisions hereof shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, executors, personal representatives, successors, and assigns, whenever the
context so requires or admits. Either party may assign this Contract without the prior written
consent of the other party, so long as the assignee assumes the obligations of the assignor, and
the assignor is not released from responsibility for its obligations except by performance by its
assignee.
11.13 Confidentiality. Buyer and Seller acknowledge that the terms and
conditions of this Agreement and the details of the ensuing negotiations will remain confidential
between the parties to this Agreement and no proposals, drafts, or copies of the Agreement, or
summaries of any kind will be distributed, copied, or otherwise transmitted orally or in writing,
to any third party entity or person other than professional consultants or advisers involved in this
transaction.
11.14 Exclusivity. So long as this Agreement is in effect, Seller shall take no
action to market the Property or any part of it to any potential owner or user, and shall not accept
any "back -up" contracts or conditional offers of any kind.
11.15 1031 Exchange. Both parties understands that the other may be engaging
in all or part of this transaction pursuant Section 1031 of the Internal Revenue Code (Like -Kind
Exchange). Each party shall cooperate with the other in such exchange, provided that such
cooperation shall be without cost or expense of any nature to the accommodating party and shall
G:\DOCS\ZWA \S &J\Paris\Purchase Contract -ldoc
M
not delay this transaction in any manner. Neither party shall be responsible to the other for any
tax consequences arising out of this or any transaction related t o the Property. Each party
desiring to effect this transaction through a 1031 Exchange shall be responsible for engaging
such tax counsel as it deems necessary for the purpose of determining the tax consequences of
any such transaction.
[SIGNATURE PAGES FOLLOW]
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SELLER SIGNATURE PAGE
TO
REAL ESTATE PURCHASE CONTRACT
EXECUTED by SELLER on ,2008.
SALLY QH. M OY
WILLIAM McCoy
HARPER SIX FAMILY LIMITED
PARTNERSHIP,
_a Texas limited partnership - -_
By: Harper GP, Inc., its general partner
Printed Vne• '(1. t).
Title: IJ ire z— --
DONALD G. WILSON, TRUSTEE OF THE
HOUSTON GREGORY WILSON 1998 TRUST
H. GREGORY WILSON, TRUSTT OF THE
HOUSTON GREGORY WILSON 1998 TRUST
HOUSTON DAVID HARRISON
KATHLEEN HARRISON
[SELLER SIGNATURES CONTINUE ON FOLLOWING PAGE]
0AD0CS\ZWA\S&AParis\Purchase Contract-1doc
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SELLER SIGNATURE PAGE
TO
REAL ESTATE PURCHASE CONTRACT
EXECUTED by SELLER on 2008.
SALLY H. MCCOY
WILLIAM MCCOY
HARPER SIX FAMILY LIMITED
PARTNERSHIP,
a Texas limited partnership
By: Harper GP, Inc., its general partner
07
Printed Name:
Title:
)Ajv�- wtr 'jj`E&
DONALD G. WILSON, RUSTEE OF THE
Y WILSON 1998 TRUST
H. GREGORY WILSON, TRUSTT OF THE
HOUSTON GREGORY WILSON 1998 TRUST
HOUSTON DAVID HARRISON
KATHLEEN HARRISON
[SELLER SIGNATURES CONTINUE ON FOLLOWING PAGE]
GADOCS MMS&AParisTurchase Contract -1doc
SELLER SIGNATURE PAGE
TO
REAL ESTATE PURCHASE CONTRACT
EXECUTED by SELLER on )2008.
SALLY H. MCCOY
WILLIAM MCCOY
HARPER SIX FAMILY LIMITED
PARTNERSHIP,
a Texas limited partnership
By: Harper GP, Inc., its general partner
BY:
Printed Name:
Title:
DONALD G. WILSON, TRUSTEE OF THE
HOUSTON GREGORY WILSON 1998 TRUST
H. O W ON, TRUSTT OF THE
HOUSTON RY WILSON 1998 TRUST
HOUSTON DAVID HARRISON
KATHLEEN HARRISON
[SELLER SIGNATURES CONTINUE ON FOLLOWING PAGE]
GADOCS\ZWA \S &J\Paris \Purchase Contract -Moc
SELLER SIGNATURE PAGE
TO
REAL ESTATE PURCHASE CONTRACT
EXECUTED by SELLER on 2008.
SALLY H. MCCOY
WILLIAM MCCOY
HARPER SIX FAMILY LMTED
PARTNERSHIP,
a Texas limited partnership
By: Harper GP, Inc., its general partner
By:
Printed Name:
Title:
DONALD G. WILSON, TRUSTEE OF THE
HOUSTON GREGORY WILSON 1998 TRUST
H. GREGORY WILSON, TRUSTT OF THE
HOUSTON GREGORY WILSON 1998 TRUST
I - ,
• e 5 i i ww"wo
I A r 30tgs 141tvi j ;r
41
KATBLEEN'RARRISON
(SELLER SIGNATURES CONTINUE ON FOLLOWING PAGE]
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SELLER SIGNATURE PAGE
TO
REAL ESTATE PURCHASE CONTRACT
GADOCSIZWAIS&J\Paris\Pwzhase Contract -3.doc
(CONTINUED)
DONALD G. WILSON
BARBARA H. WILSON
-12-
BUYER SIGNATURE PAGE
TO
REAL ESTATE PURCHASE CONTRACT
EXECUTED by BUYER on I iF -- ! 9 ' , 2008.
ROCKY BLUFF, L.L.C., an Oklahoma limited
liabilit$ co
By:
Sole Member and Manager
TITLE COMPANY JOINDER AND RECEIPT
The Title Company executes this Contract for the purposes of acknowledging its receipt of a
fully executed counterpart of this Contract. The Title Company's consent shall not be required to
amend any other provision or term of this Contract.
"Title Company": CHICAGO TITLE I.NgURANCL COMPANY
Name: i
Tit
le:+E�Y1
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EXHIBIT A
PROPERTY DESCRIPTION
Field Noes
2. 00 Ac ,s of Land In the Hiram Williams Sun,"-,Y
In the Cain of Pans.' —Mar ComitY, Texas
Beim a 2.500 acre tract of !and in the Hiram Wiiiia MI Sur:,-;, Abstract No. 1003; in the City of
Paris Lamar Counn;, Texas; tang all of that certain tract of land described as Exhibit "D' and
Par: of the residue of duns certain called 73.: +3 acre tract of land described as Exhibit `-A" iu deed
dated Dec=bwer 29. 200,., recorded its Volurne 103', Page IS3 in the Lainar County Deal
?roper^: Records (L,C.R.P.R. ), to Salk H. h' Cod' (8.331 , Harper Siff Farnily Lunited
Partnership (41.67'x- The Donald Giant Wilson 1935 Trust (211e). The Houston Gregory
Wilson 1-098 Trust ('21 °ej, Houston David Harrison (6.24 %), Donald G. Wilson (0.89%), and
Barbara H. %Xilson (0.88c o� said Exhibit "D'* also being Lot 13 of the Final Plat of Lots 13..13-
A- 13 -B. 13-C. 13 -D. Cin Block 2.39, as recorded in Envelope 350-D of the Lariat Caunty Plat
Records fL C..P_R.j; said 2.500 acre tract of land is more particularly; described by utetes and
bounds as follows (all beatings cited herein are based on South 6S deg. 52 ntin. 38 sec. East
along the north boundary line of the subject nact per Z'ol. 1703, Pg. 370, of the Lantar County
Official Public Records [L.C.O.PR.]):
BEGTNNT G at a 1,2 -inch iron rod ..Xith rap se' In the southeast right-Of-way line of Id.
Collegiate Drive (73 feet .aide per Vol. W9, Pg. 7C1 and''ol. 706, Pe. SSI of the Lama: County
Deed Records; for the southwest corner of that certain called 3.726 acre tract of land described in
deed dated '.No�ber, 30.. 2003, to HCRI Texas Properties. LTD, recorded in Vol. 1703, PR
50, L.C.O.PR and die aorhwes: comer of the herein described tract. from which a found 112-
inch iron rod wi h cap bears' -North 68 deg. 52 ruin. 3S sec. West., a distance of 0.42 feet;
1 r ENC.E South 6S deg. 52 run. 38 sec_ West, along the south boutadanr line of said
HCRI Texas Properties tract. a distance of 248.80 feet to a se*. 1!2-inch iron rod with cap;
2-) THENCE Sotith 23 deg. 27 min. 29 sec_ West, a distance o,;'374,12 feet to a 1 Mach iron
rod with cap set in a curve to the right in the north right- of -Way line of Pine Mill Road
60 feet wAi e per F-vziopes 350 -D and 367 -4 L,C.P.Rj;
3 THENCE along the north right -of -tray line of Piste MALI Road as follows: with said eune
to the right having a radius of 686.20 fee, a central angle of 25 dez. 00 nun. 54 sec -, and
a chord that bm::'-North 61 deg. 57 grin. 35 sec. West, a distance of 297'2 feet.. at an arc
distance of 228,26 feet passing the southeast coricf of said Lot 13, and continuing along
the south boundary line of said Lot 13. a total an arc distance of 289.30 feet to a 1 4 -inch
iron rod eith cap set for the end of said cttnre; lvoTtai 40 deg. 26 rain. 33 sec tress,
coutirwing alons the soudr boundan lime of said Lot 13. a distance of 13.64 fee: to a 1:21-
inch iron rod a;th cap set in the east eight -of ay line of .North Collegiate Drive for the
southwest cam- -T o'said Lot 13;
G:\DOCS\ZWA \S &J\Paris\Purchase Contract -3.doc
-14-
EXHIBIT B
NOTICE OF CONFIDENTIALITY RIGHTS:
IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 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
STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF LAMAR
THAT a
( "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) cash and
other good and valuable consideration to Grantor paid by
( "Grantee "), whose mailing address is , the
receipt and sufficiency of which are acknowledged and confessed, has GRANTED,
BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN,
SELL, and CONVEY unto Grantee that certain tract of real property located in Lamar County,
Texas, more particularly described on Exhibit "A" attached hereto and incorporated herein by
reference for all purposes, together with all and singular, the improvements, fixtures, and any
right, title and interest of Grantor in and to any adjacent streets, roads, alleys, rights -of -way,
strips and gores adjoining the real property, any development rights, air rights, water rights, and
any other easements, interests, rights, powers and privileges appurtenant or incident to the use of
the real property, but LESS AND EXCEPT, and reserving u nto Grantor, all right, title and
interest of Grantor, if any, in and to all of the oil, gas, coal, metallic ores and other minerals in,
under and that may be produced from all of such real property, and all rights, interests and
estates pertaining thereto (herein collectively called the "Property").
This Deed is executed by Grantor and accepted by Grantee subject to the encumbrances
set forth on Exhibit "B" attached hereto (herein collectively called the "Permitted Exceptions ").
TO HAVE AND TO HOLD the Property together with all and singular the rights and
appurtenances thereto in any wise belonging unto Grantee, its successors and assigns forever;
and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER
DEFEND all and singular the Property, subject to the Permitted Exceptions, unto Grantee, and
Grantee's heirs, executors, administrators, personal representatives, successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through, or under Grantor, but not otherwise.
Grantor waives any and all rights of surface access to the Property with respect to any
mineral rights reserved to Grantor herein, if any.
GA\DOCS\ZWA \S &J\Paris\Purchase Contract -3.doc
-16-
ROCKY BLUFF, LLC
P.O. BOX 746
LINDSAY, Oh 73052
6/4/09
City of Paris
Paris, Texas 75460
Attention: Planning and Zoning
In re: Request by owner for rezoning of corner of Collegiate Avenue and Pine Mill
Gentlemen or Ladies:
By use of this correspondence we are requesting a zoning change in the (700 Block),
the corner of Pine Mill and Collegiate, Lamar County, Lot 13 Block 259, Part of Hiram
Williams Survey, City of Paris, Texas.
The current zoning for this particular property, according to maps supplied by City Hall
is PD -o. We are requesting that the zoning on this lot be changed to GR, which we have
been told is the zoning needed for government office space.
We have bought the above mentioned lot for the purpose of building a 10,803 sq. ft
building with two parking lots, to be leased to the federal government (SSA). We do
have a contract in hand for this project, and we have done many preliminary items to get
ready, prior to this request. Actual construction, if approved, will begin in the next few
weeks.
This 2 '/z acre lot will be used only by the Social Security Administration and ODAR.
They will relocate to this facility, once the building is completed.
Thank you in advance for your consideration of our request.
Regar 91
4 C`
Scott Standridge
Rocky Bluff, LLC
t' 1
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Planning and Development Department
SUBJECT: Zoning Change Requests
DATE: July 24, 2009
The following zoning change request will be presented at the August 3, 2009, meeting of
the Planning and Zoning Commission and the August 24, 2009, meeting of the City Council of the
City of Paris for consideration:
l . Rocky Bluff, LLC is requesting that the property located on Lot 13, City Block 259, being
located in the 700 Block of Pine Mill, be rezoned fiom a Planned Development District
(PD -b) Housing development or community unit development to a General Retail District
(GR). The Comprehensive Plan recommends that this property be zoned General Retail.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
" IL:11 Y Vt- I''AKIO
COMMUNITY DEVELOPMENT DEPARTMENT
sr
P. O. 13ax $037 m Paris, Texas 75461 a 943 -7$4-$234
APPLICATION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED; Zoning Change
For Office Use Only Request Number:
Date Rcvd: c Mtg bate; r
❑ Specific Use Permit ❑ Planned Development
PROPERTY INFORMATION: ,
Address:
Name of Business or Building �(if applicable): lVf `: s 4 a a C V1
) i'
Lot Block Subdivision ?�tq41!1 �, �4 1S �50C �i
Current Zoning: 7 r Proposed Zoning:-_.
What is the proposed use of the property? l% ��p C'� 6�F C� '� B{
Describe the character and/or nature of uses of surrounding property,
Will the re -zoned designation be compatible with the classification and use of adjoining lands Yes No
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification a No
If No, why are you requesting a change in the permitting uses?
OWNERIAPPLI CANT INFORMATION: (Iryou ate not the own or, a parmlaelon Jeffar front the owner Is required, If you are purchasing tha propvrfy, a copy of
the con Vastmay be uaed In lieu of permission letter ONL y Wtna con tract provides that the purcn aa® le tonfingenf upon the appticantaueceaarufly Obtaining a zon/ng
change.)
a
Applicant's Name: C 7-/ a f�— /
Appiicant'sAddress: �/�/%lo //�) s � /,A�� Phone: �� ``J — 95Z 3
Property Owner's Name: CSC S1 C_ C1� V.
Property Owner's Address: Phone:
IIIItIaNUNNa met ENRONIRRININt sums BEER MRM Ism wcrz nmzmom *Am PIN* Mao so* am0 mom matt Rome Ego ORI RENO draPammastei9aEF
REQUIRED SUBMITTALS (check those Items which are included):
❑ ompleted application signed by the ownerlapplicant If Planned Development requested, Include also:
V Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan
Ua-Oermission letter from owner
p-opy of contmot to purchase the property
1 have carefu ry read the enm etc pplication and know the same is true and correct. I hereby agree to comply with all provisions of local,
State, and Fderal Laws with, whether herein specified or not. I certify that I am the owner of the above property or his
duly authori d agent. P"
Signed:A
Print Nam
Date:
Address: / _ a%
Phone Number: 0 6 e
Fax Number: - 0.5
SWORN TO AND SUBSCRIBED BEFORE ME this �-) day of �� ���. 20n
4� i,si 1 t q
FILED: I 1('� /, "�I, t (i "11-1 211LL�
n�\"P. 01116112.-'
Notary Public, State of T*xae-
12/06