1999R3 - Acquisition of Certain Real Estate - Parcels 3, 4 and 4A HP Printing, Perra and Huber/qSot.onold /(/0, %f e,
RESOLUTION OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING ACQUISITION OF CERTAIN REAL ESTATE AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, in connection with the widening ofthe FM 78 right -of -way, the City of Schertz,
Texas (the "City") must acquire, on behalf ofthe State ofTexas, certain property from I.P. Printing,
Inc., Dick Perra, and Lee Huber (collectively, "Seller");
WHEREAS, the City desires to acquire certain additional property from H.P. Printing, Inc.
for purposes of the construction a new public parking lot;
VaMREAS, the City Council ofthe City proposes to purchase the above- described property
pursuant to the terms of certain Earnest Money Contract dated effective June 3, 1999 (as amended,
the "Contract"), a copy of which Contract (including all amendments thereto) is attached to this
Resolution as Exhibit "A ";
VaIEREAS, the City Council of the City further proposes to ewer irrto the Agreement
("Agreement") with Seller, in connection with the City's purchase of the property, a copy of which
Agreement is attached to this Resolution as Exhibit "B ",
WHEREAS ' the acquisition of the property and the execution of the Agreement by the City
are deemed to be in the best interests of the citizens of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AS FOLLOWS;
1. The City Council of the City hereby authorizes the City Manager to execute all
documents necessary for the City to acquire the above - described property pursuant to the terms of
the Contract, including, without limitation, the Agreement.
2. The City Manager, and other appropriate officers of the City are hereby authorized.
to execute and deliver such additional certificates and instruments to further the purposes of this
Resolution and the acquisition of the property by the City as may be approved by the City Attorney.
3. This Resolution shall be effective immediately upon its adoption.
PASSED, ADOPTED, AND APPROVED this r� ' ay of f 1999.
By:
ATTEST: Mayor
City Secretary
10,14,0011
FARNEST MONEY CONTRACT
THE STATE OF TES §
COUNTY OF GUADAL,UPE §
THIS EARNEST MONEY CONTRACT ("Contras ") is made and entered into by and
bav=n H.P. PRINTING, INC., a A A--� coiporation ("H.P. Printing'), with an
address of 104 F.M. 78, Schanz, Texas 78154, and RICHARD PERRA, individually ("perm") and
LEE HUBER, individually ( "Hubeel, each with an address of 104 F.M. 78, ScherM Texas 78154
(H.P. Priming, Pena, and Huber shall be referred to herein collectively as "Seller") and the CITY OF
SCHF_RTZ, TEXAS, a political subdivision of the State of Texas CT=haset"), with an address of
1400 Schertz Parkway, P.O. Drawer 1, Schert4 Teams 78154 -0890.
ARTICLE 1
Sul- I Subject to the terms and provisions hereon;, H.P. Printing agrees to sell to
Purchaser, and Purchaser agrees to purchase £raom H.P. Primp, those certain tracts of real property
located in the City of Schertz, Guadalupe County, Texas, described as Parcels 4 and 4A in the
attached Ex}nbit "A" nuorporated he= for all purposes, together with, all and sinplar, all
improvements thereon and all rights and g7munances pertaining tharcto, including, but not limited
to, any right, title, and interest of H.P. Printing in and to adjacent roads, alleys, rights -of -way,
drainage facilidesy easements, and utility facilities, together with all permits, authorities, licenses,
consents, and bonds, if any, pouining thereto (collectively, the "H.P. Printing property"). Subject
to the terms and provisions hereon Perry and Huber agree to sell to Purchaser, and Purchaser agrees
to purchase from Pena and Huber, that certain tract of real property located in the City of ScherM
Guadalupe County, Texas, descn'bed as Parcel 3 is the attached Ex ' ' " "incorporated herein for
all purposes, together with, all and singular, all improvemcWs thereon and all rights and
appurtenances pertaining thereto, including, but not limited to, any right, title, and irttcmat of Perra
and Huber in and to adjaeetrt roads, alleys, tights -of -way, drainage facilities, easements, and utility
facilities (but excluding all rights aad appurtenances pertaining to the Adjacent Property, as defined
in Section 103 hereof), together with all permits, authorities, licanses, consents, and bonds, if any,
pertaining thereto (collectively, the "Petra and Huber Propctty'l. The H P. priming Property and
the Perra and Huber Property shall be collectively ref -ed,to herein as the "Property."
556'103.4B1S09d
ARTICLE 2
Consideration for ConMance
Section2.1 Thetotal purchase price CPurchme Price") for the Property shall be Sixty-one
Thousand Nine Hundred Twenty Four and Noll 00 Dollars ($61,924.00). Any allocation of any of
the Purchase Price between H.P. Printing and Pcrra and Huber shall be the responsibility of RP.
Pritnin& Perra, and Huber. Seller authorizes Purchaser to,deliver all of the Purchase Price to kip.
Printing on behalf of Seller, -
Section 22 At Closing (as defined in Skaion 7,1 below), the total Purchase Price shall be
paid by purchaser to Seller, in cash, certified funds, or by wire transfer of immediately good funds.
ARTICLE 3
Earnest Money
Section 3.1 Upon execution of this Contract by Purchaser and Seller, Purchaser shall, as
a condition precedent to =Stainingtlus Contract, deliver FiveHundred and No /100 Dollars ($300.00)
in cash, certified funds, or by wire tranAr ofiramediately good funds (United States osrtency) to the
Title Company (hereinafter defined) as earnest money (the "Earnest Money*').
Section 3.2 In the event this Contract is closed, the Earnest Money shall be applied to the
Purchase Price at Closing. In the event this Contract is not closed, then the Title Company shall
disburse the Earnest Money in the manner provided for elsewhere herein.
Section 3.3 Any other provision hereof to the contrary notwithstanding, it is expressly
understood and agreed that, in consideration ofthe execution ofthis Contract by Seller, in the event
that Purchaser exercises any right to terminate this Contract as set forth herein (u eluding, without
limitation, termination because of Seller's default), the Title Company shall disburse the sum of One
Hundred and Noll 00 Dollars ($100.00) to SeUarbefore disbursing the balance ofthe Earnest Money
to Purchaser_ .
ARTICLE 4
rifle P li
Section 4.1 Within ten (10) days after the Effective Date (defined in Section 11.3 below)
of this Contract, Seller shall furnish to Purchaser two (2) current commitments_ ( "Title
Commitmentsn) for the issuance of two Owner's Policies ofTitre Insurance (collectively, "Owner's
Policies") to Purchaser (with regard to Parcel 4A) and to the State of Texas (with regard to Parcels 3
and 4) from Alamo Title Company, 107 South River St., Seguin, Texas 78155 (the "Title Company"),
SS640S.4B1S09a
2
together with legible copies of all documents constituting 6cceptions to Seller's title as reflected in
the Title Commitments. Purchaser shall have a period of fifteen (15) days after the last to be
delivered ofthe Title Commitments and the documents referred to therein as conditions or cxceptioas
to title to the Property in which to review such items and to deliver to Seller in writing such
objections as Purchaser may have to anything contained or set forth in the Title Commitments or the
title exception documents. Seller aclmnwledges that Purchaser shall have the tight to object to
matters relating to Parcels 3 and 4 on behalf of the State of Texas. Any items to which Purchaser
does not object within such period shall be deemed to be permitted exceptions C Panutted
Exceptions"). In the event Purchaser timely objects Ito any matter contained in the Title
Commitments and/or title exception documents as hereinabove provided, Seller shall have until, the
Closing Date (defined in Section 7.1 below) within which Seller may attempt to sae such objections
specified as aforesaid by Purchaser, provided, however, that Seller shall be under no obligation to
cure such objections. It by the Closing Date, Seller has been unable or unwilling to cure any such
objections as aforesaid, then, and in such event, this Contract shall be terrninated (whereupon the
Earnest Money, together with any interest thereon, shall be immediately returned to Purchaser by the
Title Company), unless Purchaser, at Purchaser's option, dects either to waive the issuance of the
Owner's Policies or to accept the Owner's Policies subject to such outstanding title matters,
requirements or objections, and to close the purchase upon therotecution and delivery of Seller's
general warranty deeds subject to the Permitted Exceptions and any matters waived by Purchaser.
Sectioll 4.2 At Closing, Seller shall furnish to Purchaser, at Purchaser's sole cost and
expense, the Owner's Policies issued by the Title Company on the standard form in use in the State
of Texas, insuring good and indefeasiible.title to the Property is Purchaser and the State of Texas, as
appropriate, subject only to the Permitted Exceptions, the title objections waived by Purchaser, and
the standard printed exceptions, except that the survey exception shall be deleted (also at Purchaser's
sole cost and expense).
ARTICLE 5
Condemnation
Section S.l In the event that prior to the date of Closing, any portion of the Property
which, in Purchaser's sole opinion, is not material to the use of the remainder, shall be condemned
or taken by eminent domain by any authority other than Purchaser or the State of Texas, then in such
case, this Contract shall. not terminate, but shall rcnzin in full force and effect, and Seller shall assign
or pay to Purchaser at Closing Seller's interest in and to any condemnation award or proceeds from
any such proceedings or actions in flea thereof. In the event of a taking by condemnation or similar
proceedings or actions by any authority other than Purchaser or the State of Texas of all of the
Property, or any portion of the Property which in Purcbasee s sole opinion, is material to the use of
the remainder, Purchaser shall have the option to terminatethis Contract upon written noticeto Seller
prior to Closing, in which event the Earnest Money and all earnings thereon shall be promptly
refunded by the Title Company to Purchaser Xpreviously deposited, and neither Purchaser nor Seller
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5$605,"15094
shall have any further right or obligation hereunder except as set forth herein, Should Purchaser elect
not to exercise its option as provided hereunder, then this Contract shall remain in full force and ef%ct
and Seller shall assign or pay to Pumhascr at Closing Seller's interest in and to all condemnation
awards or proceeds from any such proceedings or actions in lieu thereof.
Section 5.2 Since the foregoing specific provisions are made with regard to condemnation,
Seller and Purchaser hereby waive the application of Section 5.007 of the Texas Property Code to
the sale covered by this Contract.
ARTICLE 6
I- ...
Section 6.1 Seller makes the following representations and warranties, as of the Effective
Date of this Contract (provided that Rl?. Printing makes these mpreseutadons and warranties only
with respect to the H.P. Printing Property and that Perra and Huber make these represmations and
warranties only with respect to the Perra and Huber Property):
(a) Seller owns good and indefeasible title to the Property, together with aU
buildings, improvements, and fixtures thereon and appurtenances and rights thereto.
(b) Seller has not created any mortgages, liens, restrictions, agreements, claims
or other encumbrances which will materially interfere with the use by Purchaser of the
Property.
(c) Seller has not received notice of a violation of any applicable ordinance or
other law, order, regulation, or requirem=t, and has not received notice of condemnation,
Hen, assessment, or the like, relating to any part of the Property or the op 'on thereof.
(d) No person or e!Itity other than Seller is in or is entitled to possession ofthe
Property.
(e) Beginning on the date of Seller's execution of this Contract and contim*
through the Closing Date or any earlier termination ofthis Contract, Seller shall not enter into
any oral or written agreements affecting the Property or permit any other agreements,
encumbrances, liens, or restrictions to attach to the Property which might become binding
upon Purchaser or the Property after Closing, and as of the Effective Date hereof there are
no agreements of any nature affecting the Propertywhich will become binding on Purchaser
at any time.
(f) The Property is not now in whole or in part under lease to any person or
entity.
4
ss6aos.aisisosa
(g} Seller is not a "foreign person" within the meaning of Section 1445 of the
Internal Revenue Code.
(h) Seller represents and warrants to Purchaser that the following statements are
now, and will on the Closing Date, be true and accurate;
(i) To the best of Seller's knowledge, no hazardous substance is located
on, in, or under the Property.
(iii) To the best of Seller's knowledge, as of the date hereof, there has
never been any release of any hazardous substance in, on or under the Property.
R) Neither Sellernor any affiliate ofSellerhaseverusedtheProperty ,and
to the best of Seller's knowledge the Property has never been used, for the use,
AMP, generation, manufacture, treatment, transportation or disposal of any
hazardous substances
(iv) There is not, nor to the best of5eiler's knowledge has there everbeen,
any investigation, administrative bearing or action proposed threatened, or pending
relating to the Property and alleging noncompliance with or liability under any
enviroiunental or hazardous substance law.
(v) To the best of Seller's knowledge, there =fists no information
indicating that any person, including any employee of Seller, may have impaired health
as a.remh of use or operation of the Property or the release or storage of any
hazardous substance on, under, or about the Property.
(vi) To the best of Seller's knowledge, no litigation has been brought or
been threatened, nor have any seWeamb been reached by or with any parties alleging
the presence, disposal, release, or threatened release of any hazardous substance on,
under, or about the Property or in connection with the use or operation of the
Property.
(viii) There are no assessments, studies, sampling results, evaluations, or
other reports commissioned by or for Seller, within Seller's possession or control, or
of which Seller is aware (other than the Report, as defined in Section 9.1 below)
relating to the environmental condition of the Property.
556405.V8150>y4
Closine
Section 7..1 The closirn ( "Closing ") hereunder shall take place at the office of the Title
Company, The date of Closing ("Closing Date") shall be the date specified by Purchaser and shall
be no later than the daze that is thirty (30) days after Purchaser's receipt of the Title Commitments
and copies of all of the title exception documents_
Section 7,2 At the Closing, Seller shall deliver or cause to be delivered to Purchaser each
of the following items:
(a) Two gmral warranty deeds (collectively, the "Deeds") duly executed and
acknowledged by Seller, and in form for recording, conveying title in
Parcels 3 and 4 to the State of Texas and title to Parcel 4A to Purchaser, in
each case free and clear ofall restrictions, eocnmbrances, and title exceptions,
except the Permitted Exceptions and any title matters waived by Puitchaser,
which Deeds shall be prepared by Purchaser's attorneys and be in form and
substance reasonably acceptable to Purchase's attorneys and Seller's
attoracya;
(b) The Owner's Policies in the form specified in Section 4.1 hereof in favor of
the State of Texas with regard to Parcels 3 and 4 and is favor of Purchaser
with regard to Parcel 4A; and
(c) All additional documents and instrunients as in the opinion of Seller's and
Purchaser's counsel are reasonably necessary to the proper consummation of
this transaction.
Section 7.3 At the CIosing, Purchaser shall deliver to Seller the following items,
(a) The Purchase Price required by Sectwn2 1, hereof,
(b) Such evidence or documents as may reasonably be required by Seller or the
Title Company evidencing the status and capacity of Purchaser and the
authority of the person or persons who are executing the various documents
on behalf of Purchaser in connection with the sale of the Propmty; and
(c) All additional documents and instruments as iri the opinion of Seller's and
Purchaser's counsel are reasonably necessary to the proper consummation of
this transaction. '
N
55640S.41915094
Section 7.4 At Closing, ad valorem taxes for the Property for the currant calendar year
shall be prorated to the Closing bate. Such proration of taxes shall be based upon taxes actually
assessed for the cwTent calendar year. Try for any reason, ad valorem taxes for the current calendar
year have not been assessed on the Property, such proration shall be estimated based upon ad valorem
taxes for the immediately preceding calendar year.
Section 7.5 Possession of the Property shall be delivered to Purchaser by Seller at the
Closing, subject only to the Permitted Exceptions and any title matters waived by Purchaser. Any
personal property that is not a part of the Property and that remains on the Property after the Closing
shall be deemed to be abandoned by Seller and may be disposed of by Purchaser after the Closing as
Purchaser deems appropriate without liability to Seller_
5-mion_ 7.6 Any escrow fee charged by the Title Company shall be paid by Purchaser.
Each parry shall pay its own attorneys' fees.
ARTICLE 8
Remedies on Default
Section 9.1 In the event of SenWs default hereunder, Purchaser shall be entitled to, in
Purchaser's sole discretion, (i) waive any unmet requirements, (u) teminate this Contract and recover ,.
the Earnest Money, together with any and all interest earned thereon, and/or (1) pursue Purchaser's
condemnation rights, which rights are hereby expressly reserved.
Section 8.2 As Seller's sole and exchisive remedy iii the event of Purchaser's default
hereunder, Seller hereby waiving all others, Seller shall havethe right to terminate this Contract, and
the Earnest Money, together with any and all interest earned thereon, shall be paid to Seller by the
Title Company.
ARTICLE 9 '
Environmental Provisions
Section 9.1 Seller shall retain liabilityfor, and shall indemnify Purchaser, and Purchaser's
employees, agents, and representatives from and against all fixes, penalties, liabilities, damages, and
losses, including but not limited to: remedial, removal, response, abatement; cleanup, investigative,
and monitoring costs and any other related costs and expenses, reasonably incurred (whether any
claims or causes of action relating thereto be asserted in common law or under statute and regardless
of form including strict liability and negligence) (collectively referred to as "Environmental
ISabilities ") arising from (a) any violation of requirements of ew&onmental law or environmental
permits occurring through the Closing Date (other than as may be disclosed in the Report, as defined
556405.4/815094
lt/ v
below) that Seller was aware of or should have been aware of as of the Closing- Date,
(b) environmental claims based on acts, omissions, or occurrences through the Closing Date (other
than any claims based on information coutained in the Report) that Seller was aware of or should
have been aware of as of the Closing Date, and/or (c) fd zzre to obtain or maintain, through the
Closing Date, any environmental permit (other than as may be disclosed in the Report), of which
failure Seller was aware or should have been aware; provided that H.P. Printing makes the
indemnities and agreements described in this Section only with respect to the H.P_ Printing Property
and that Perna and Huber make the indemnities and agreements described in this Section only with
respect to the Perra and Huber Property. For purposes ofthis Contract, "Report' means that certain
report dated March 2, 1999, prepared for Purchaser by Drash Consulting Engineers, Inc., with regard
to the improvements located on Parcel 4A
Section 9.2 Purchaser shall be responale for all Environmental Liabilities arising or
occurring after Closing with respect to environmental claims based on Purchaser's acts or omissions
oemming after the Closing Date. To the extent allowed by law, Purchaser shall indemnify Seiler, and
Seller's officers, directors, stockholders, employees, and representatives from and against all
EnvironmentalLiabiEties arzsingfrom(a) any violation bypurnser ofrequiremenrs ofenvironmental
law or environmental permits occurring after the Closing Date and during the period of Purchaser's
ownership thereof (b) environmental claims based on Purchaser's acts, omissions, or occunwces
afterthe Closing Date and duringthe period ofPurehaser's ownership thereof and/or (c) purchaser's
figure to obtain or maintain, after the Closing Date and during the period of Purchaser's ownership
thereog any eaviro=ental permit; provided that Purchaser makes the indemnities and agreements
described in this Section (to the extent allowed by law) in favor of H.P. Prating only with respect to
the H P. Printing Property and in favor ofPerra and Huber only with respect to the Perri and1lube r
Property. .
Section 9.3 The provisions of this Article 9 shall survive the Closing of the transaction
contemplated by this Contract.
ARncLE 10
. ;am" _ .
Section 10.1 Seller hereby agrees and acknowledges that (i) after the Closing Purchaser
intends to construct a public parking lot (the "Parking Lot") on Parcel 4A, for use by all members of
the public, (ii) the right of Seller and Seller's employees, customers, guests, and other invitees to use
the Parking Lot shall be non- exclusive and as members of the public only, without any priority or
other special rights in relation to other members of the public, and (iu) the design and construction
of the Parking Lot shall be at Purchaser's sole and absolute discretion.
Section 10.2 The parties agree and acknowledge that Parcels 3 and 4 shall be conveyed by
Seller to the State of Texas at Closing (as described in Section T21a)1 in connection with the
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5$640SA191SO94
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Mansion of FM 78. Purchaser agrees that P=baser shall complete the construction of the Parking
Lot described in Section 10.1 above and the parking Iot and driveway described in Section lo.4(b)
below, before it begins any ofthe work on Parcels 3 or 4 in connection with the expansion of FM 78_
Section 10.3 After the Closing, in connection with Purchaser's demolition of the portion
of the existing building ( "Building") that is aurreatly located on Parcel 4A, (i) Prrchasa shall, at
Purchaser's sole cost and expense, finish the existing interior wall (the `Wew Exterior Wall ,) that is
part of the Budding and that is located on the real property that is owned by FIR Printing and is
immediately adjacent to Parcel 4A (the "Adjacent Property") (which interior wail shall be exposed
to the exterior as a result of Purchaser's demoUdoa work described herein) with one coat of
fiberglass-reinforced stucco to com+ert such wall to an exterior wall, and finish the front exterior wall
(faoiug MIS) of the portion of the Building on the Adjacent Property with one coat of
fiberglass reinforced stucco to match the New Exterior Wall, and (ii) Purchaser agrees and
acknowledges that it shall be Purchaser's responsibility to cause the removal of any necessary
electrical poles and trees and the rerouting of any necessary electrical or telephone wiring as a result
of such demolition, at Purchaser's sole cost and expense,
Section 10.4 In addition, after the Closing.
(a) Purchaser small ensure (by taking any action that may be necessary in this
regard as part of its construction ofthe Parking Lot, at Purchaser's sole cost
and expense) that Purchaser's conshwtion of the Parking Lot does not
adversely affect the drainage in connection with the portion of the Budding
that is located on the Adjacent Property.
(b) Purchaser shall construct on the Adjacent property owned by Seller, at
Purchaser's sole cost and expense, r) a paved parking lot on the Adjacent
Property that accommodarts at least 39VUI (7) vehicles, which parking lot
shall include a paved drivemay at the back of the Building on the Adjacent
Property (which driveway shall be at least ten (10) feet wide and shall be
paved to accommodate heavy commercial vehicles during the loading and
unloading of supplies in the ordinary course of business), and (n) two asphalt
sidewalks from the ;eking lot described in clause (t) above to the portion of
the Binding on the Adjacent Property, all of which shall be for the benefit of
Seller's business located on the Adjacent Property and shall be constructed in
accordance with the depiction of said parking lot (including driveway) and
sidewalks shown on the Proposed Parking Lot Layout Plan (the "Plan") dated
April 13, 1999 (revised April 14, 1999), prepared by Ford Engineering, Inc.
for Purchaser, known as project 1122.82. Seller acknowledges and agrees
that Purchaser has no obligation to Seller in connecdon with the Plan, and
Purchaser may revise the Plan in its sole discretion, except only with regard
to the portion ofthe Plan that depicts the parking lot (including the driveway)
and the asphalt sidewalks described in this Section 10.4(b). Seller further
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acknowledges and agrees that, upon Purchaser's completion of the
construction of the parking lot ( includug the driveway) and the asphalt
sidewalks described herein, the parking lot (including the driveway) and the
asphalt sidewalks shall become the progeny of seller and ,Purchascrshall have
no further obligations whatsoever with regard thereto, all ofwhich obligations
(including, without limitation, all maintenance and repair obligations relating
thereto) shall be Seller's responsibilities.
Section 10.5 Seller agrees to cooperate with Purchaser and to allow Purchaser and its
employem agents, and contractors access to the Adjacent Property to enable Purchaser to satisfy its
obligations described in Sections 10.3 and 10.4 hereof If requested by either party, the parties shall
execute any additional documents to fiuthw evidence the agreements described in Sections 143 and
hereof
S Lion 10.6 The provisions of this Article 10 shall survive the Closing of the transaction
contemplated by this Contract.
ARTICLE I I
Miscellaneous
SesIxon_1 l _ 1 Seller and purchaser each represents that it has not worked with or dealt with
any real estate agents or brokers in connection with this transaction and that no real estate
commissions shall be owed as a result ofthis Contact, and Purchaser (to the extent allowed by law)
and Seller shall each indemnify and hold the other harmless from and against any and all liabilities
arising from any such claims caused or incurred by it. The provisions ofthis Section shall survive the
Closing of the transaction contemplated by this Contract-
Sectioon 1 t.2 Any notice or communication required or pemitted h =sunder shall be given
in writing, sent by (a) personal delivery (provided that such delivery is confirmed, by the courier
delivery service), or (b) expedited delivery service with proof of delivery, or (c) United States Mail,
postage prepaid, registered or certified mail, or (d) prepaid telegram, telex, or facsiml-le transmission
(provided that such telegram, telex or facsmmle transmission is con5rmed by expedited delivery
service or by mail in the manner previously described), addressed to the addresses set forth above,
or to such other address or to the attention of such other person as hereafter shall be designated in
writing by the applicable parry sent in accordance herewith. Any such notice or eommu nication shall
be deemed to have been received either at the time of personal delivery or, in the case of delivery
service or certified or registered mail, as of the date of deposit or delivery to the United States Mail
or expedited delivery service in the manner provided her* or in the case of telegram, telex or
facsimile t mmaission, at the time tran witted, Any notice required by this Contract or in any way
related to the transaction contracted for herein shall be void and of no effect unless given in
accordance with the provisions ofthis Section. Either parry hereto may change the address for notice
is
36405.4813098
specified above by giving the other party ten (10) days advance written notice of such change of
address,
Section 11.3 Fortbe purpose ofdctermining the timefor performance ofvarious obligations
under this Contract, the Effective Date (herein so called) of this Contract shall be the date that the
Title Company executes this Contract to evidence its receipt hereof, as shown on the last page of this
Contract.
Section_11._4_ It is mutually agreed by the parties hereto that any provision contained in this
Contract which shall by its nature impose any obligation or duty upon any party hereto, or give any
right or benefit to any party hereof continuing beyond the date of Closing, such provision will not
be canceled and considered merged into the final instruments exccated at Closing, but will instead
survive the Closing and will continue in full force and effect.
Section 11.5 This Contract shall be binding upon and inure to the benefit of the parties and
their respective heirs, legal representatives, and permitted successors and assigns.
Section l l.6 The obligations ofthe parties hereto are and shall beperformablein Cnuadalupe
County, Texas. This Contact shall be construed and interpreted in accordance with the laws of the
State of Texas. Where required for proper inrerpretatior4 words W the singular shall inchide the
plural; the masculine gender shall include the neuter and the feminine, and vice versa.
Section 11.7 Each person accuting this Contract warrants and represents that he or she is
Illy authorized to do so.
S on 11.8 Time is of the essence of this Contract. .
Section-11.9 In the event that, pursuant to the provisions ofthis Contract, either Seller or
Purchaser shall be entitled to receive the Earnest Money, the other party shall be obligated to execute
promptly such direction or agreement as may be required by the Title Company incident to the
disposition of the Earnest Money.
Sa:;6w l l _I O Inthe event it becomes necessaryfor either pattybereto to file a sWtto enforce
this Contract or any provisions contained herein, the party prevailing in such action shall be entitled
to recover, in addition to all other remedies or damages, reasonable attorneys' fees incurred in such
suit.
Section 11.11 The descriptive headings of the several Articles, Sections and Paragraphs
contained in this Contract are inserted for convenience only and shall not control or affect the
meaning or construction of any of the provisions hereof.
Section U.12 12 This Contract constitutes the entire agreemcra among the parties pertaining
to the subject matter hereof and supersedes all prior and contemporaneous agreements and
ss�•os_asisv�a
11
understandings of the parties in connection therewith. No represcutation, warranty, covenant,
agreement, or condition not expressed in this Contract shall be binding upon the parties hereto or
shall affect or be effective to interpret, change, or restrict the provisions of this Contract.
m3ion 11. l 3 Should the calculation of any of the various time peziods provided for herein
result in either an obligation becoming due on a Saturday, Sunday, or legal holiday or a date
otherwise of particular significance occurring on a Saturday, Sunday, or legal holiday, than the due
date of such obligation or scheduled time of occurrtnce ofsuch event shall be delayed until the next
business day.
Section 11.14 Seller and Purchaser hereby arimowledge that neither this Contract nor any
memorandum or affidavit thereof shall be recorded of public record in Guadahrpe County, T=s, or
any other county in Texas.
Section 11.15 Numerous copiesofthisContractmaybeexecu edbythepartieshcrcto. Fach
such executed copy shall have the full force and effect of an original executed instrument.
S=-non 11.16 This Contract may not be modified or amended, except by as agreemeat in
writing sigw4 by Seller and Purcbaser. The parties may waive any of the conditions contained herein
or any of the obligations of the other party hereunder, but any such waiver shall be effective only if
in writing and signed by the party waiving such conditions or obligations.
Section 11.17 The term "business days" as used in this Contract shall mean any day other
than Saturday, Sunday, or a federal banking holiday.
Section 11.18 This Contract shall be null and void and of no force or effect unless it is
executed by all of the signatories shown below_
fsignawms contained on next page]
12
556405.41215094
69��
EXECUTED effective as of day o 1999.
H.P. PRINTING, IN .
Name:
CITY OF SCHERU
y*
Name: Kerr,4 • Scv ca
This ct, tog ekk with Purchaser's Earnest Loney, has been received by the Title
Company tbis :�Tdday of ( 1999 and by execution hereof the Title Company
hereby covenants and agrees t e bound by the terms of this Contract.
ALAMO TITLE COMPANY
� . II1. /_��,
I/
13
33640�.481S09a
C%�
EXSIDIT "A"
Page t of 5
• •
March 29. 1996
.lob No. 46068.00
C.S.J. No.: OQ25- 10-063
County: Guadalupe
Highway: F.M. 78
Project Limits: FM= BcMdGuadalupc County Liam
To: F.M. 3009
FIELD NOM FOR PARCEL 3 -
Being 0.002 of sac hectare (0.005 of one acre) of land, more or less, out of the Geaob=
Nvialpaz Survey No. 67, Abstract No. 221, Guadalupe County, Te= , also being out of a
0.074 of one h - ,tme (0.183 of one acre) tract of Iaad, as described and conveyed unto Lae
Huber and Dick Petra in a deed dated Fe y 13,1982 and re=rded in Volume 6J6, Page
250, Deal. Records of Guadalupe County, Tcus, and more particula=iy destrribed by r�eetes
& bout as follows:
13EGII!TMG atacanclnsa Manta ott the SOMb=zight -of -way line of F.M. 78 at dmnxllt
coder of a 0.107 of one hectare (0.265 of one acre) t= of lmd described and conveyed
u"M Mm== n Ph==Y,, lac. m a deed dated1==y 9, 1974, and recorded in Voltune
479, Page 220, Dad and Plat Ram, Guadalupe County, Tamest for the west corns of the
0.074 of One,hectwe (0183 of one wre) tract sad tins parcel;
I. TMCE NORTH 61 ° ITMI, Fast with the cnmtaoa lick of0ic 0.074 of one hectare (0.183
of one acre) tract and said right -of way liner, a distaste of 14.987 &acts (49.17 fist) to a
coneretm nail set in asphalt at a corset of said right -of -way on the northwest line of a 0.132
of one $=%w (0326 of one acre) tract of land, described and conveyed unto H.P. Printing,
Inc. a T«= COrpmwinn in a decal dated Match 5,1992 and recorded in Volume 636, Page
506, Dad Records of Guadalupe Coumy, ":=as, for the north cornet, of the 0.074 of one
hectare (0.183 of one acre) tract and this pared;
2. THENCE SOUTH 280 13118" Fast, departing said right -of -way line with the cammaa uric
of the 0.074 of one hccwe (0183 of one acre) tract and said 0.132 of one hectare (0.326 of
ons ac:r) tract, a distaste of 1568 met= (5.14 feet) to a =MM nail set for the cast corner
of this parcW: which point is right, 31.090 n,co t (10200 fcet) from sad at a right anglo to
MVvey control line station 17+608.85 and from said concrete mail, a found 12.7 mm 01r)
rebar at the east comes of the 0.074 of one hectare (0.183 of one acre) tract bears SOUTH
28' 18'28" Ease, and a distance of 48.726 meters (156.86 feet);
l�
Mrs
Pagc i of 2
E2 rr "A"
Page 2 of 5
THENCE SOUTH 62° 13'56" West, crossing the 0.074 of one h (0.183 of one arse)
tract a distance of 14.978 matt$ (49.14 feet) to a concrete nail set in asphalt on the com=n
line of the 0.074 of one hectare (0.183 of one acre) and the aforetaeadoued 0.107 of one
hectare (0.265 of one acre) tract for the south of this parcel: which point is right, 31.090
meters (102..00 feet) from•and at a right angle to survey control fine station 17 +593.373;
a, THENCE NORTH 28'42'40" West, with the above m=tioned common lint, a distance of
1.321 meters (4.33 fang to the POM OF BEGINNING and containing 0.002 of ons
hectare (0.005 of one arse) of land more or less.
The basis of bearing recited herein is the Texas Department of Transportation G.P.S. datum. This
description is based on a survey performed on the ground under my sup=ision. These is a plat of
survey of even date
Michael Haberer, RP'LS #2501
Note: English units we provided for infopation only.
. "-W.&6
Pagc 2 of 2
EXRMr'r ".a°
Page 3 of 5
Account No.:
March 29, 1996
Job No. 46068.00
C.S.J. No.: 0025 - 10-063
County: Guadalupc
Mghway: F.M. 78
Project Limits: From: B=adGuadalupe County Line
To: F.M. 3009
FIELD NOTES FOR PARCEL 4
Being 0.009 of one hectare (0,022 of one ante-) of land, more or less, out of the Genobera
Maipaa Survey No. 67, Abstract No. 221, Guadalupe County, Texas, also being out of a
0.132 of one heexare (0.326 of one acre) tract of land described and conveyed unto H.P.
PxhWng, lac., a Texas cmporatio:i in a'deed dated March 5, 199Z and recorded is Volu=te
636, Page 506, Deed Rccottis of Guadalupe County, Texas and more pacticuiaziy described
by t nebes and bounds as follows:
BEGINNING at a co==tc nail sec in asphalt at reentrant corn= of the southeast right-of-
wsy line of F.M. 78 for the wmt corner of said 0.132 of one hectare (0.326 of one acre) tract
and this parcel; _
1. THNCE NORTH 63 00750" Easx, with the common line of the 0.132 of one hectare- (0.326
of one acre) tract acrd said right -of -way line, a distaaee of 25,908 meters (85.00 feet) to a
coaatfle nail sec is asplWt at the west cornet of a 0Z00 of one hectare (0.4939 of one acts)
tract of land dc=lcd and conveyed uato Robe= R Burch in a deed dated August 12. 1991,
acrd recorded in Volume 961, Page 561, Deed Records of Guadalupe County, Tans. for the
north coracr of the 0.132 of one hectare (0326 of one acre) tract and this parcel;
2. THENCE SOUTH 27°3705" Fast, departing said right -of -way line with the common line
of the 0.132 of one hectare (0.326 of one a=) tract acrd said 0200 of one hectare (0.4939
of one a=) tract, a distance of 3.104 meters (10.18 feet) to a concrete nail set in asphalt for
the east cor=er of this parcel, which point is right 31.090 meters (102.00 feet) from, and at a
right angle to survey control line station 17-634.714;
R*110�r2
Page 1 oft '
EXEEMrr "A"
P2ge 4 of 5
THENCE SOUM 62013'56" West, crossing the 0.132 of one hectare (0.326 of one acre)
tract. a distauct of 25.864 me= (84.85 feet) to a concrete nail set on the common line of
0.074 of a hect`uz (0.183 of one acre) tract of land described and conveyed ttruo Lee Huber
and Dick Pena in a deed dated February 13, 1932, and recorded in Volume: 636, Page 250.
Deed Records of Guadalupe County, Texas, and said 0.132 of one hectare (0326 of one acre)
tract, for the south cotter of this parcel: which point is right 31.090 meters ( 10200 fen)
From and at a right angle to survey control lino station 17+608:851; arid from said concrete
nail, a found 17-7 tam (120) rebar at the east corner of'said 0.074 of one hectare (0.183 of
one acm) tract b= SOUTH 28.18'18" East and a distance of 48.726 meters (156.86 fern
4. THENCE NORTH 28.18'18" West, with the above mentioned common line, a distance of
1.568 mcu= (5.14 felt) to a concrete nail set in aspWt at.a common comer of the OA32 of
one hectare (0326 of one aat~) tract and the aforementioned southeast right -of -way line for
an angle point of the 4.132 of one hectare (0326 of one acre) tract and this parcel;
5. TKENCENORTH28.1713" West, wills the common line of the 0.132 of one hectare (0326
of one acre) tract and said tight -of -way line, a distance of 1.957 meters (6.42 feet) to the
POMT OF BEGINNING and containing 0.009 of one hectare (0.022 of one acme) of land
morn or less.
The basis of bearing recited herein is the Te=s Department of Transportation G.M. datum. This
description is based on a stuvey permrmcd on the ground under my supervision There is a plat of
survey of evert date.
��// -=-
Michael Haberur, RPLS #2501
Note; English units are provided for information only.
�ao�tao ems,
" " Page 2 of 2
&N
LXRMIT -A-
Page 5 of 5
Dies : Nlm=h 5.1999
Proieat No: 11=22
.
E'sdda= jm=&I= a O.ZQ3 ae (8,858 5q. fL) tea=t ban Om oftlas Geaobera iikz
SurM No. 67, AM= No. 221. CAndshipa Couarp, Taats sad aLw bcb* cat of a 0.3x6
area aaot of load dmo*ed and c=veycd to ELF. P*Ctbg, L= a Te= C+aQora'M is s
Deed =cmded is Vabs= 636, Page 506, Deed. records. cmndawp Coaaey, Tana and
mote y desaIled as fenowx
SEGINI =G az s pni m is the prcgoscd =:the= r;*--of-wzy lime of F,M. 78 end m ffia
owhem if= of tbn 0.32.6 aaz asst for she nosh cm= of this teat:
NCF, S -irlr T' E, with tbo rior W= lime of tba 0326 arse a= and the
fiim of a 0.434 acra nx s of land conveyed to Rabat 1 Su b. r=zdcd bi
Vch= 961, Page 561, OSdA Public Rem, Guadslsspa Ca=v, Tmms, at "S.09 SM
pig a, ifs" 3soa pia fousid, in all 132.77 &a w a 1 ?Cift fat ft east comes of t� �
and the 0326 acre scat:;
'SCE, S =4426° W, 6098 fast to art 9260 point iss'tids tray sad the 0326 srsc
s:a�
TMNCE, S 13 °44'Z6" W, 18.}6 fea widz the sow line of the 0326 9= tray m a
aa>rti fns t saw cazacr of sbis u= wed f*T N 13444'26" E, 38.6' fm
a fs" irc4 pia facmd for tie scazh a ofthe 0.326 tare tract
TMNCE. N ZM*Or W, 17330 fen sa a poi= is the socuazt r*bt- of- -WZY r= cf
FI. 73 hot the cast ", , cf tbis tract;
TEIENM with the scud== right of -wry liaz of FM 78 N 63009'50" E, 6032 tat to
time POINT OF BECrCOMM and cog 0.203 aces (8,850 square fca) of lard
aaoTClmg to a smvcy c ada uada mY supavzm
vem
Bearing refaesce is saiasheg &e of F.NL 73.
Cotrcv=dkg PLU PICPgz�
112232FN.doe
�If11111}i R. f0 lEdwm R Fard, RP.I- S -tNo, 2365
TELEPHONE: 210/Z2a -S575
FACSIMILE: 210/270-7205
WRITERS INTERNET ADDRESS:
a batbor@fulbright.com
WRITER'S DIRECT DIAL NUMBER:
2107i70-71Z4
July 19, 1999
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIAOILITY PARTNERSHIP
300 CONVENT STREET, SUITE 2200
SAN ANTONIO, TEXAS 78205
Via Facsimile and Regular Mail
HOUSTON
WASHINGTON. D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
14ONG KONG
Re: Earnest Money Contract ( "Contract "), dated effective as of June 3, 1999, between the
City of Schell Texas, as purchaser ( "Purchaser"), and H.P. Printing .Inc., Richard
Perra, and Lee Huber, as seller (collectively, "Seller"), covering certain property
located in Guadalupe County, Texas more particularly described therein (the
"Property")
Mr. Ron Flake
Attorney at Law
1001 Pat Booker Road
Universal City, Texas 78148
Dear Ron:
This letter confirms and follows up on our recent telephone conversations in connection with"
the above- referenced Contract. Pursuant to our discussions, we propose the following amendments
to the Contract:
1. The deadline to close the transaction evidenced by the Contract (the "Closing Date ")
under Section 7.1 of the Contract is extended from Monday, July 19, 1999 to Friday,
July 23, 1999,
2. The following is added to the end of Section 10.1 of the Contract:
Seller also acknowledges that after the Closing, Purchaser intends to
demolish the Building (defined in Section 10.3 hereof) as well as (i) all
of a certain existing frame garage (the "Garage7% a portion of which
is located on Parcel 4A and a portion of which is located on the
Adjacent Property (defined in Section 10.3) and (ii) a certain portion
of the Building which is located on the Adjacent Property
(collectively, the "Demolition Areas on Seller's Adjacent Property"),
as more particularly shown on the attached Exhibit `B" incorporated
herein. Seller agrees that, after the Closing, Purchaser may demolish
the improvements located on the Demolition Areas on Seller's
Adjacent Property, at Purchaser's sole cost and expense and in a
manner that Purchaser deems to be appropriate and consistent with
Purchaser's demolition of the Building located on Parcel 4A,
3. Section 10.5 of the Contract is amended by adding "and Section 10.1" after each
reference to "Sections 10.3 and 10.4" in Section 10,5,
4, Section 10.6 of the Contract is deleted and replaced by the following: ".Purchaser and
Seller each agrees to enter into a separate written agreement at the Closing, which
579118.2/944457
July 19, 1999
Page 2
agreement shall cover the provisions of Article 10 of this Contract and shall survive
the CIosing of this transaction."
The property description of Parcel 4A that is included in Exhibit "A" to the Contract
is deleted and replaced with the property description that is attached as Exhibit "A'
to this letter.
If this letter is acceptable to Seller, then please have Seller sign this letter where indicated
below and return the original executed letter to me by facsimile and regular mail at the above
letterhead address as soon as possible (and by no later than 5:00 p.m. today). We are also sending
a copy of this letter to Steve Simonson and requesting that he obtain Purchaser's signature below and
return the executed letter to us, and we will forward a copy of the fully- executed letter to you.
Except as described in this letter, the terms of the Contract shall remain in full force and effect
as originally provided. This letter, and any agreement that results upon the complete execution
hereof, shall not be construed and is not intended as a waiver by Purchaser of any objections raised
in my July 1, 1999 letter to you. All of such objections and all of Purchaser's rights and remedies
under the Contract in connection therewith are hereby reserved and retained by Purchaser.
Please note that if this letter is not fully- executed by both parties, then the terms of this letter
shall be null and void and of no force or effect, and the provisions of the Contract as originally
provided shall remain in full force and effect.
If you have any questions regarding this letter, please let me know.
REVIEWED AND AGREED:
Seller:
H.P. Printing, Inc.
By:
Name:
Title:
Richard Perra
Lee Huber
AGBIsg
579118.21944457
Very truly yours,
OA4 3dj-xl�
Anna Gonzalez B er
Purchaser:
City of Schertz, Texas
By:
Name:
Title:
3* }9, TW9
PAVI
agreeraa Ad caves the p olia QS7 cfAr&je 10 Cf twm Caw= end ;�i1u swxva
eba C3a� v!'slet as�riettie3.`
S. to ghs Cmum
utF4 3llOet t0 Seam tho ¢�iee�l brw Sails! ip too lw mr �!�em i�wm
blow ad tu�ii >dw olaai atpsad low to an *Es'waa and no-dw and a an Acm
l�aee�d s�ddre+a
mango
sa �ae01y ao bcjr S.�D pm i0d�q} We jQa�o
icoplr�tIDSie�faS�� �+edn��= �obdoPwda�'s ' balaw e�
r+pa,��be �aor+�d ioeeer eo ay wd+r• •� a �P of dsa loeiar to roa.
Sfcopt a9d istbisi�te4 da:ann
as pc�ewScd. b
TM BOd Aq so
�j boiio==daadiccx
:• s� 3v1� 1. IM Whw%o SQa. AD dVuh
tars sfbCCOb=ia ak"U NNOiLSWe
owpPoser
"bona
PwAdad3ba to #Aix= Sad drwL �d tl�e at4�e Cmtra� �tisliy
3fwu terra ate► quad Mptat U= U=b 140" ke mo know_
vay tr* YOM
SoOmr.
ib �
July 19, 1999
Page 3
cc: Karen Prevou (via facsimile)
Steve Simonson (via facsimile)
James M. Summers (Firm)
579113.2/944457
WIM 1/.11d I W
Date: March 5, 1999
Project No: 1122.82
FIELDNOTES DESCRIBING A 0.203 ACRE 8,850 SQ. FT. TRACT
LESS AND EXCEPT A 357 SQ. FT. TRACT
Fielcinotes describing a 8,850 sq. ft. tract being out of the Genobera Malpaz Survey
No.67, Abstract No.221, Guadalupe County, Texas and also being out of a 0.326 acre
tract of land described and conveyed to H.P. Printing, Inc. a Texas Corporation in a Deed
recorded in Volume 636, Page 506. Deed Records, Guadalupe County, Texas and more
particularly described as follows:
BEGINNING at a point in the proposed southeast light- of-waY line of F.M. 78 and in the
northeast line of the 0.326 acre tract for the north corner of this tract;
THENCE, S 27°17'12" E, with the northeast line of the 0.326 acre tract and the
southwest line of a 0.494 acre tract of land conveyed to Robert R. Burch recorded in
Volume 961, Page 561. Official Public Records, Guadalupe County, Texas, at 115.09 feat
passing a' /? iron pin found, in all 122,77 feet to a point for the east comer of this tract
and the 0.326 acre tract;
THENCE, S 20 °44'26" W, 60.98 feet to in angle point in this tract and the 0.326 acre
tract;
THENCE, S 13 °44'26" W, 18.96 feet with the southeast line of the 0.326 acre tract to a
point for the south corner of this tract situated for reference N 13 °4426" E, 38.64 feet
fivm a V2' iron pin found for the south corner of the 0.326 acre tract;
THENCE, N 28 003'08" W, 178.30 feet to the POINT OF BEGINNING and containing
8,850 square feet of land according to a survey made under my supervision.
LESS AND EXCEPT an area of overlap into the 0.326 acre tract by a parcel described in
Volume 467, Page 659, Deed Records of Guadalupe County, Texas and more particularly
described as follows:
BEGENNING at a 1 /z" iron pin found at the north comer of the area of overlap on the
northeast line of the 0.326 acre tract;
Pg. 2
Project 1122.82
THENCE, S 27-17'12" E, 7.68 feet with the northeast line of the 0.326 acre tract to a
point for the east comer of this tract and the 0.326 acre tract;
THENCE, S 20 04426" W, 39,69 feet with the southeast line of the 0.326 acre tract to a
point for a comer of this tract;
THENCE, S 33 023'22" W, 31.77 feet into the 0.326 acre tract to a point for the south
corner of this tract;
THENCE, N 21 °37'54" E, 7535 feet to the POINT OF BEGINNING and containing 357
square feet of land leaving a net area of 8,493 square feet according to a survey made
under my supervision.
Bearing reference is southeast fine of F.M. 78.
Corresponding plat prepared.
112282FN.doe _1joba.-
Edwin . Ford, R.P.L.S. No. 2365
1
635 /250 ;
It 11:
F.M. 78
x'31.77'
S13'44'2-6"W
18.96'
I fill,
la
SCALE: it? = 39
NOM'
REFERENCE BEARING IS
SOUTHEAST RIGHT —OF —WAY
UNE OF FM 78 AS FOUND
MONUMENTED ON THE GROUND_
COWESPONDING FIELD NOTES PREPARED•
NrmI i -'on
Xreas on
Set icr's Mace4
Rc r-r4j
v0L 467 / PAGE 659
OVERLAP
357 SO. FT.
STATE OF TEXAS : *;,� S UR
COUNTY OF BEXAR
1. EDWIN R. FORD. DO HEREBY CERTIFY THAT
MADE O T1NE GROUND A�NR) R My SUPPE'"S O
IDW R ORD R.P1.S. Na 131
SURVEYED: MARCH 5, 1999 REV15F�: JUNE 24. 19!
PROJECT NO- 1122.620
3.493 SQ. FT. TRACT BF[1G OUT OF TIC GENOBEIA
w ORAWN BY: R.B.S.
_M,3AALtE Lo
gz SMV CD
:a�FORD ENGINEERING INC.
TMW AND ALSO BMNG OUT OF A 0.326 ACRE ' T-T OF fAND
DF,SCRMM AND CON�ID UNTO H.P. PRIIriLING. INC. A TEXAS CORPORA110N IN A DEW RECORDID IN VOLUME 636. PAGE 506 0+0 oc Two
n� RECORDS. GUADALUPE COUNTY. TEXAS. , >r� ,� �,� ,o, yr, ANTaaa »us 7B217.(210) SDO-47
U
IS
rr
rl
TELEPHONE' 2)0/224-SS75
FACSIMILE' 210/270-7205
WRITER'S INTERNET ADDRESS:
abarber @fu lbright.com
WRITERS DiR CT DIAL NUMBER:
210270 -7 124
July 26, 1999
Via Facsimile
FFy LBRIGHT & JAWOR�KI L. L.P.
ARTNER5HIP
300 CONVENT STREET. SUITE 2200
SAN ANTONIO. TEXAS 78205
HO U5TON
WASHINGTON. D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
L05 ANGELES
LONDON
HONG KONG
Re: Earnest Money Contract (as amended by letter agreement dated July 19, 1999, the
"Contract "), dated effective as of June 3, 1999, between the City of Schertz, Texas,
as purchaser ( "Purchaser"), and H.P. Printing Inc., Richard Perra, and Lee Huber, as
seller (collectively, "Seller"), covering certain property located in Guadalupe County,
Texas more particularly described therein (the "Property")
Mr. Ron Flake
Attorney at Law
1001 Pat Booker Road
Universal City, Texas 78148
Dear Ron:
This letter confirms and follows up on our recent telephone conversations in connection with
the above - referenced Contract. Pursuant to our discussions, we propose the following amendments
to the Contract:
The deadline to close the transaction evidenced by the Contract (the "Closing Date ")
under Section 7.1 of the Contract is extended from Friday, July 23, 1999, to
Thursday, July 29, 1999.
2. e property description of Parcel 4A that is included in Exhibit "A" to the Contract
i�delete d and replaced with the property description that is attached as Exhibit "A"
to this letter,
If this letter is acceptable to Seller, then please have Seller sign this letter where indicated
below and return the original executed letter to me by facsimile and regular mail at the above
letterhead address as soon as possible. We are also sending a copy of this letter to Steve Simonson
and requesting that he obtain Purchaser's signature below and return the executed letter to us, and
we will forward a copy of the fully- executed letter to you.
Except as described in this letter, the terms of the Contract shall remain in full force and effect
as originally provided. This letter, and any agreement that results upon the complete execution
hereof, shall not be construed and is not intended as a waiver by Purchaser of any objections raised
in my July 1, 1999 letter to you. All of such objections and all of Purchaser's rights and remedies
under the Contract in connection therewith are hereby reserved and retained by Purchaser.
Please note that if this letter is not fully- executed by all parties, then the terms of this letter
Shall be null and void and of no force or effect, and the provisions of the Contract as originally
Provided shall remain in full force and effect.
580431.11815094
July 26, 1999
Page 2
If you have any questions regarding this letter, please let me know. Thank you.
amw 1 0 p LA 4 i]
Seller:
H.P. Printing, Inc.
By:
Name:
Title:
Richard Perra
Lee Huber
AGB /sg
cc: M'Cheyl Cox (via facsimile)
Steve Simonson (via facsimile)
James M. Summers (Firm)
580431. 1/18 15094
Very truly yours,
Anna Gonzalez ber
Purchaser:
City of Schertz, Texas
By:
Name:
Title:
1I :
Oatc: March 5, 1999
Project No: 1122.82
Revised: July 22, 1999
FiELDNOTES DESCRIMC A 0.203 ACRE 8,843 SQ. iT. TRACT
Feldnotes describtg a 8,843 sq. $, tract being out of the Gmobcm M*= Survey No.67,
Ab$tract N6.221, Guadalupe County, Tew and also being out of a 0.326 awe tract of land
desm*ed and conveyed to H.P. Printing, Inc, a To= Corporation in a Deed recorded in Volume
636, Page 506 Deed Records, Guadahipe County, Tam and more particuiatty described as
foliaw.
13EGIIJMG at a point in the proposed southeast right -0f -way line of F.M. 78 and in the
northeast line of the 0.326 acre tract for the north corner of this tract;
ONCE, S 28 009'58" F, with the northcast lies of the 0.326 acre tract and the southwest line of
a 0.494 acre treat of land convey+cd to Robert R. Burgh, recorded in Volume 961, Page 361,
OM" Public Records, Cnadahrpe County, Toms, at 115.09 fcd passing a %" iron pin fauad, in
all 122.87 feet to a point for the East eorner of this tray and tine 0.326 acre tract;
77ENCE, S 19048'32" w, 60.83 feet to an angle point in this tract and the 0.326 acre tract;
THSNCF, S 13001137'W, 18-96 feet with the southeast line of the 0.326 awe tract to a point for
the south cataor oftbis tract and the 0.326 acre tract;
N a8 °59'02" W, 178.30 feet to a point in the proposed southeast right®of.way litre of
F.M. 78 for the west corner of ties tract;
THENCE, N 62°13'56" E, 6022 fees with the proposed southeast right -of- -way line of F.hL 73 to
the POINT OF AE011NNiNG and containing 8,843 square Ecet of land a **ding to a survey
made under my mgwvisim
Bearing reference is southeast be of F.M. 78.
Corresponding plat prepared,
112282p2EN.doc
�¢titf
•� s
EDWIN R FO ,
�*o Edwin Ford, R.P.L.S. No. 2365
1*009110-311M
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
THIS AGREEMENT ( "Agreement ") is made and entered into effective as of this
day of July, 1999 (the "Effective Date "), by and between H.P. PRINTING, INC., a Texas
corporation, with an address of 104 F.M. 78, Schertz, Texas 78154, and RICHARD PERRA and
wife, RUTH ANN PERRA, each individually, and LEE HUBER and wife, MARIETTA HUBER,
each individually, each with an address of 104 F.M. 78, Schertz, Texas 78154 (collectively, "Seller")
and the CITY OF SCHERTZ, TEXAS, a political subdivision ofthe State of Texas ( "Purchaser"),
with an address of 1400 Schertz Parkway, P.O. Drawer 1, Schertz, Texas 781540890.
RECITALS
A. Effective as of June 3, 1997, Seller and Purchaser executed a certain Earnest Money
Contract (as amended by letter agreements dated July 19, 1999 and July 26, 1999, the "Earnest
Money Contract ") under which Seller agreed to sell and Purchaser agreed to buy certain property
located in Guadalupe County, Texas, more particularly described in Exhibit "A" attached hereto and ,
incorporated herein for all purposes, including, without limitation, Parcels 3, 4, and 4A (herein so
called) (as defined in the Earnest Money Contract, collectively, the "Property").
B. Article 10 ofthe Earnest Money Contract contains certain provisions which expressly
survive the closing (the "Closing") of the transaction contemplated by the Earnest Money Contract.
Under Section 10.6 ofthe Earnest Money Contract, the parties agreed to enter into a separate written
agreement at the Closing in connection with the provisions of Article 10 of the Earnest Money
Contract,
C. This Agreement is entered into by the parties hereto at the Closing of the transaction
evidenced by the Earnest Money Contract, pursuant to the provisions of Section 10.6 ofthe Earnest
Money Contract.
NOW, THEREFORE, in consideration of the covenants and agreements contained in the
Earnest Money Contract and in this Agreement, the receipt and sufficiency of which are hereby
confessed and acknowledged, the parties hereto agree as follows:
579940.3/815094
AGREEMENT
The above recitals are incorporated herein for all purposes.
2, After the Effective Date, Purchaser intends to demolish the existing building
( "Building ") that is currently located on Parcel 4A and construct a public parking lot (the "Parking
Lot ") on Parcel 4A, for use by members of the public. Seller hereby acknowledges and agrees that
(i) the right of Seller and Seller's employees, customers, guests, and other invitees to use the Parking
Lot shall be non - exclusive and as members of the public only, without any priority or other special
rights in relation to other members of the public, and (ii) the design and construction of the Parking
Lot shall be at Purchaser's sole and absolute discretion, Seller also acknowledges that, after the
Effective Date, Purchaser intends to demolish the Building as well as (i) all of a certain existing frame
garage (the "Garage"), a portion of which is located on Parcel 4A and a portion of which is located
on the real property that is owned by H.P. Printing, Inc. and is immediately adjacent to Parcel 4A (the
"Adjacent Property") and (ii) a certain portion of the Building which is Iocated on the Adjacent
Property (collectively, the "Demolition Areas on Seller's Adjacent Property"), as more particularly
shown on the attached Exhibit `B" incorporated herein. Seller agrees that after the Effective Date,
Purchaser may demolish the improvements located on the Demolition Areas on Seller's Adjacent
Property, at Purchaser's sole cost and expense and in a manner that Purchaser deems to be
appropriate and consistent with Purchaser's demolition of the Building located on Parcel 4A-
3. Purchaser agrees that Purchaser shall complete the construction of the Parking Lot,,
described in Paragraph 2 above and the parking lot and driveway described in Para rg aph 5 below,
before it begins any of the work on Parcels 3 or 4 in connection with the expansion of FM 78.
4. After the Effective Date, in connection with Purchaser's demolition of the Building,
(i) Purchaser shall, at Purchaser's sole cost and expense, finish the existing interior wall (the "New
Exterior Wall") that is part of the Building and that is located on the Adjacent Property (which
interior wall shall be exposed to the exterior as a result of Purchaser's demolition work described
herein) with one coat of fiberglass - reinforced stucco to convert such wall to an exterior wall, and
finish the front exterior wall (facing FM 78) of the portion of the Building on the Adjacent Property
with one coat of fiberglass- reinforced stucco to match the New Exterior Wall, and (ii) Purchaser
agrees and acknowledges that it shall be Purchaser's responsibility to cause the removal of any
necessary electrical poles and trees and the rerouting of any necessary electrical or telephone wiring
as a result of such demolition, at Purchaser's sole cost and expense.
5. In addition, after the Effective Date.
(a) Purchaser shall ensure (by taking any action that may be necessary in this
regard as part of its construction of the Parking Lot, at Purchaser's sole cost and expense) that
Purchaser's construction of the Parking Lot does not adversely affect the drainage in connection with
the portion of the Building that is located on the Adjacent Property.
2
579940.)/815094
(b) Purchaser shall construct on the Adjacent Property owned by Seller, at
Purchaser's sole cost and expense, (i) a paved parking lot on the Adjacent Properly that
accommodates at least seven (7) vehicles, which parking lot shall include a paved driveway at the
back ofthe Building on the Adjacent Property (which driveway shall be at least ten (10) feet wide and
shall be paved to accommodate heavy commercial vehicles during the loading and unloading of
supplies in the ordinary course of business), and (ii) two asphalt sidewalks from the parking lot
described in clause (i) above to the portion of the Building on the Adjacent Property, all of which
shall be for the benefit of Seller's business located on the Adjacent Property and shall be constructed
in accordance with the depiction of said parking lot (including driveway) and sidewalks shown on the
Proposed Parking Lot Layout Plan (the "Plan ") dated April 13, 1999 (revised April 14, 1999),
prepared by Ford Engineering, Inc. for Purchaser, known as Project 1122,82. Seller acknowledges
and agrees that Purchaser has no obligation to Seller in connection with the Plan, and Purchaser may
revise the Plan in its sole discretion, except only with regard to the portion of the Plan that depicts
the parking lot (including the driveway) and the asphalt sidewalks described in this Paragraph 5lbl.
Seller further acknowledges and agrees that, upon Purchaser's completion ofthe construction of the
parking lot (including the driveway) and the asphalt sidewalks described herein, the parking lot
(including the driveway) and the asphalt sidewalks shall become the property of Seller and .Purchaser
shall have no further obligations whatsoever with regard thereto, all of which obligations (including,
without limitation, all maintenance and repair obligations relating thereto) shall be Seller's
responsibilities.
6. Seller agrees to cooperate with Purchaser and to allow Purchaser and its employees,
agents, and contractors access to the Adjacent Property to enable Purchaser to satisfy its obligations
described in Paragraphs 2. 4_ and 5 hereof. If requested by either party, the parties shall execute any
additional documents to further evidence the agreements described in Paragrraphs 2 , 4 , and 5 hereof.
7. The provisions of this Agreement shall survive the Closing of the transaction
contemplated by the Earnest Money Contract, Article 10 of the Earnest Money Contract is
superseded by this Agreement and is therefore of no further force or effect.
8. Any notice or communication required or permitted hereunder shall be given in
writing, sent by (a) personal delivery (provided that such delivery is confirmed by the courier delivery
service), or (b) expedited delivery service with proof of delivery, or (c) United States Mail, postage
prepaid, registered or certified mail, or (d) prepaid telegram, telex, or facsimile transmission (provided
that such telegram, telex or facsimile transmission is confirmed by expedited delivery service or by
mail in the manner previously described), addressed to the addresses set forth above, or to such other
address or to the attention of such other person as hereafter shall be designated in writing by the
applicable party sent in accordance herewith. Any such notice or communication shall be deemed to
have been received either at the time of personal delivery or, in the case ofdelivery service or certified
or registered mail, as ofthe date ofdeposit or delivery to the United States Mail or expedited delivery
service in the manner provided herein, or in the case of telegram, telex or facsimile transmission, at
the time transmitted. Any notice required by this Agreement or in any way related to the transaction
contracted for herein shall be void and of no effect unless given in accordance with the provisions of
3
579940.1/815094
this Paragraph. Either party hereto may change the address for notice specified above by giving the
other party ten (10) days advance written notice of such change of address.
9. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, legal representatives, and permitted successors and assigns.
10. The obligations of the parties hereto are and shall be performable in Guadalupe
County, Texas. This Agreement shall be construed and interpreted in accordance with the laws of
the State of Texas. Where required for proper interpretation, words in the singular shall include the
plural; the masculine gender shall include the neuter and the feminine, and vice versa.
11. Each person executing this Agreement warrants and represents that he or she is fully
authorized to do so.
12. In the event that it becomes necessary for either parry hereto to file a suit to enforce
this Agreement or any provisions contained herein, the parry prevailing in such action shall be entitled
to recover, in addition to all other remedies or damages, reasonable attorneys' fees incurred in such
suit.
13. This Agreement constitutes the entire agreement among the parties pertaining to the
subject matter hereof and supersedes all prior and contemporaneous agreements and understandings
of the parties in connection therewith. No representation, warranty, covenant, agreement, or.,
condition not expressed in this Agreement shall be binding upon the parties hereto or shall affect or
be effective to interpret, change, or restrict the provisions of this Agreement.
14. Seller and Purchaser hereby acknowledge that neither this Agreement nor any
memorandum or affidavit thereof shall be recorded ofpublic record in Guadalupe County, Texas, or
any other county in Texas.
15. Numerous copies ofthis Agreement may be executed by the parties hereto. Each such
executed copy shall have the full force and effect of an original executed instrument.
16. This Agreement may not be modified or amended, except by an agreement in writing
signed by Seller and Purchaser. The parties may waive any ofthe conditions contained herein or any
ofthe obligations ofthe other parry hereunder, but any such waiver shall be effective only if in writing
and signed by the party waiving such conditions or obligations.
17. This Agreement shall be null and void and of no force or effect unless it is executed
by all of the signatories shown below.
4
579940.11815094
FQ®rr "A^
Fneiof5
March 29, 1996
Job No. 46068.00
C.S.J. No.: 0=- 10-063
County: Guadalupe
mghway: F.M. 78
Frojwt Limits: From: BexadGuadalupe Cotmty Lim
To: F3& 3009
FMLD NOTES FOR PARCEL 3 -
Being 0.002 of ants hectare (0.005 of one acre) of leant, mare er less, out of the Gc=bem
Malp= Samey No. 67, Absteact No. ni, Guadalupe County, Texas, also being out of a
0.074 of one hectare (0.183 of one acre) tract of land, as described and conveyed unto Lee
Huber acrd Dick Pests is a deed dated Febtttaty 13,1982 acrd recorded in Volume 616, Pap
2SO, Dead Reesrds of Guadalupe County, Teams, and more partiealariy described by meet
& bovads as follows.
13EGII!i WG ataaoncrete tmiisctoett'he wmhcastright of -way f iat ofF.M. 78 at dmnorth
coact of a 0.107 of one hectare (Ole of ants acre) ft= of land descri6ed and eonrayed
unto ZsmM==Phamacy, I= is a dead datedJantiary 9, 1974, and morded in Vol me
479, Page 120, Decd and Plat Rccards, Guadalupe County, Tens for the west corner of t o
0.074 ofonz hectue (0.183 of one a=) baet acrd dais petrel;
1. 'II ENC:E NORTH 61 ° 1i20" Face with the common line of ft 0.074 of one hectare (0.183
of one acre) tract and said right -of way line, a distance of 14987 ibm= (49.17 feet) to a
conem nafl set in asphalt at a corner of said right -of -way on the northwest line of a 0.132
ofone humane (0326 of am acre) tracts of lead» describedaad conveyed unto H.P. Pri zfm&
Loa. a Teats corparninu in a deed dated Much 5,1992 and reumrded in Volume 636, Page
SW Deed Rwa ds of Guadalnpe County, 'taxes, for the nnith roman of the U.074 of amts
hectare (0.183 of one acre) tna and this pared; '
2 THENCE SOUTH 28' 18'18" FAst, departing said right -Qf -way Line with the comoaoa line
of the 0.074 of one hectare (0.183 of acre acre) truce acrd said 0.132 of one hectare (0.326 of
o=z=) tract. a -'b aace of 1.568 raesQs (5.14 fur) to a c 1" c to nail set for the test cosaeec
ofthis parcel: which point is right, 31.090,, .1, t (102.00 feet) fi-gm and at a right angle to
survey cot'zttol line station 17+608.951; and from said con=te trail, a found 127 mm (12')
rebar at the east corner of the 0.074 of one fiertam (0.183 of one a=) tract beats SOUTH
28' 18'18' East and a distance of 48.726 meters (156.86 feet);
Har,-or,
Page t of 2
EXHIBIT "A^
Pace l of 5
THENCE SOUTH 62"13'56" west, crossing the 0.074 of one jj (0.183 of one )
tract; a distance of 14.978 mm= (49.14 feet) to a eome=c nail set in asphalt on the
line of the 9.074 of one h (0.183 of one ate) and the aforeraeatimed 0.107 of ame
hectare (0.265 of one aaz) tray for the south of this pzcei: ww=II point is rigitr, 31.090
ratter (10100 feet) from,and at a right angle to survey control Ilne station 17 +593.973;
4_ THENCE NORTH 28'42'40" west, with the above mentioned cm, U line, a dIstaace of
1.321 masts (4.33 Feet), to the POINT OF SEGMING and corrtaiaing U -002 of am
hectare (0.005 of one aae) of laud rnore or less.
The basis of bearing recited herein is the Te= Deparunent of Transportation G.P.S. datum. This
description is based on a survey performed on the ground under my supervision. There is a pint of
survey of even dau.
,Ae-.o �, - 1;1
NCehael Haberm. RPLS #2501
Note: English units am provided for infammiion only.
4&*z.m.&4
Pagc 2 of 2
EXHIBIT
P39,t 3 of 5
Account No.:
March 29. 1996
Job No. 46068.00
C.SJ. No.: 0025 -10 -063
County: Guadalupe:
Highway: F.M. 78
Project Limits: F== BexariGuadalupe County Line
To.. F2d.3009
FIELD NOTES FOR PARCEL 4
Being 0.009 of one bectam (0.022 of one acre) of land, more or less, out of the Genobcm
hWpaz Swreyr No. 67, Abestract No. 221, Guadalupe County, Texas, also bang out of a
0.132 of one hectare (0326 of one acre) tract of land described and conned unto H.P.
Printing, Inc, a Texas coaporadozi in a'deed dated Maw 5, 19M and recorded is Volumra
636, Page S06, Deed l =rds of Guadalupe County, Texas and more partieuiady de=ibed
by metes and bounds as follows
BEGINMG at a c =r= nail set in asphalt at a re entrant'Draw of the sotnhrast right -of-
way % of F.M. 73 far tie wmst comer of said 0.132 of one he== (0326 of one a=),tr=
and this parcel; .
I . THENCENORTH 63 ®09'50" fit, with the common line of the 0.132 of one hectare (0326
of one acre) tract and said right -of -way fine, a distance of 25.908 meters (85.00 feet) to a
aoncrrtiC 2ii set iA asgimlt at tie west Corner of a 0.200 of one hectare (0.4939 of one a=)
hart of land dm=lmd and =m7ed unto Robes R. Burch in a deed dated August It 1991,
and recorded in Volume 961, Page 561, Deed Records of Guadalupe County, Te= for the
north coma of the 0.I32 of one hectare (0326 of one ac=e) tract and this parcel;
2. THENCE SOUIH 27 °3T05" East, departing said right -of -way liar with the common line
of the 0.132 of one hectare (0.326 of oar. a=) tract and said 0.200 of one hectare (0..4939
of one a=) hart, a distance of 3.104 rnmrs (10.18 feet) to a concrete nail set in asphalt for
the emt corn= of this parcel, which point is right'31.090 meters (10700 fees) from and at a
right angie to survey control line station 17+634.714;
Page t oft '
Pate o of 5
;. TliENCE SOU M 62° 13'56" West crossing the 0.132 of voce hectare (0.326 of one arch)
usct. a &staute of 25.864 meters (84.85 feet) to a concrete nail set on the common line of
0.074 of a hectare (0.183 of one acre) twos of land described and caaveyed unto Lee Huber
and Dick P=a in a deed dated Ft: mzuy 13, 199Z and recorded in Volume 63 6, Page 2S0,
Deed Records of Csuadaiupe County, Texas, and said 0.132 of one hectare (0326 of one acre)
tract, for the south come of this parcel; which point is right, 31.090 mesas (10200 feet)
from and at a right angle to survey control rinc station 17+608:$S 1; and from said concrete
nail. a found 127 mm (1r2) rebar at the rat corner of''said 0.074 of one hectare (0.183 of
one ant) tract hews SOUTH 28' 18' 18'° Fast and a distance of 48.726 met= (156.86 feet),
1. THENCE NORTH 28.18'18" Wcst with the above mentioned common line', a distance of
1.568 met= (5.14 felt) to a cc== nail set in asphalt aLa common canter of the 4.132 of
one hectare (0325 of one acm) tract and the aforementioned souther right -of way line for
an angle point of tuts 0.132 of one f, (0326 of one a=) tract and this parcel;
5. THENCE NORTH 28 ° 19' 13" Weis, whit the common line of the 0.132 of one hectare (0326
of one a=) tract and said right -of -way lira a distance of 1.957 tact= (6.42 feet) to the
POINT OF BEGV MNG and conwinlR 0.009 of one hectare (0.022 of one acre) of land
more or less.
The basis of bearing recited herein is the Texas i?epa==t of Transportation G.P.S. datum. Tiffs
descripdon is based on a survey performcd on the ground under my supervision. There is a plat of
survey of even datie.
e 0.-� ZZ
Miehaei Habe=, MS #2501
Mote: English units are provided for info=ation only.
+ea�-0o dpi
Page 2of2
�07
EXHIBIT "A"
Page 5 of 5
Parcel 4A
Date: March 5, 1999
Project No. 1122.82
Revised: July 22, 1999
FIELDNOTES ]DESCIMING A 0.203 ACRE 8,M3 SQ. Ff. TRACT
Feldnotes describing a 8,843 sq. $, tract being out of the G=Obcm Maipaz Survey No.67,
Abstract No.221, Guadalupe County, Texas and also being out of a 0,326 acre t=act of land,
described aril conveyed to H.P. Pduttng, Inc. a Tacos Corporation in a Deed recorded in Volume
636, Page 506, Deed Records, Gw dah*e COLIUM Texas and mute particularly described as
Mows;
AV-0 NNINQ at a paint in the proposed southeast n8bt -of -w4y line of F.M. 78 and in the
northeast line of the 0.326 acre tract for the north corner of this tract;
THENCE, S 28 °09'58" B, with the northeast line of the 0.326 acre tract and the southwest line of
a 0.494 acre tract of lead conveyed to Robert R Burch, recorded is Vohnuo 961, Page 561,
OfficW Public Records, Guadalupe County, Texas, at 115.09 fees passing a Vi" inm pia found, in
A 122.37 feet to a paint for the east corner of this :tact and the 0.326 acre tract;
T�IFSTCE, S 19048'32 'W, 60.83 feet to as angle point in this tract and the 0.326 sere tract;
LIENCE, ;113 °01'32" W, 18.96 feet with the southmg lino of the 0.326 acre tract to a point for
the south corner of this tract acrid the 0.326 acre track
TBENM N 28 059'02" W, 178.30 £eat to a point in the proposed soudmst li&-of-way Hne of
FM 78 for the west corner of tbm tract;
Tl ENM N 62° 13'56" E, 60.22 *m with the proposed southwWt right -of- -way line of F.K 78 to
tba POINT OF BEGMUNG and containing 8,843 square feet of land according to a survey
made under my supervision.
Beating refemce is southeast lino of F.M. 78.
Corresponding Plat Prepared.
112282p2FN.doc
�2
t
EEWN R. FORD r
e 23U Edwini Ford, R.P.L.S. No. 2365
s
S UR �`
7- 28- 99;12:03PM;FULBRIGHT 8 JAWORSKI ;001 210 270 7205 u 2/ 42
TELEPHONE; 210/224-6676
FACSIMILE: 210/270-7205
WRrrrR'S INTERNET ADDRESS:
a b a rber@f u I brigh Lcom
WRITER'5 DIRECT DIAL NUMBER:
z10 270_7 124
July 28, 1999
Via facsimile
FYLBRR O M& LIABILITY i
LIMITED IYO 5f
T P
RNERSHIA
300 CONVENT STREET. SUITE 2200
SAN ANTONIO, TEXAS 78205
HOUSTON
WASHINGTON, D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
HONG KONG
Re: Purchase of certain property located in Schertz, Texas by the City of Schertz from
H.P. Printing, Inc., Richard Perra, and Lee Huber
Mr. Steve Simonson
Assistant City Manager
City of Schertz
1400 Schertz Parkway
P,0, Drawer X
Schertz, Texas 78154 -0890
Dear Steve:
We are enclosing a Certificate of City Secretary ( "Certificate" ), which has the resolution
( "Resolution ") attached to it (as well as the Exhibits to the Resolution) or consideration by the City
Council this evening in connection with the above matter. The Resolution itself is in the same form
as the Resolution that we sent to you on July 23, 1999,
Upon the approval of the Resolution, please have the City Secretary complete the Certificate,
sign the Certificate, and then send the original Certificate (including all attachments) to me by
facsimile and regular mail. I will provide a copy of it to Alamo Title Company tomorrow in
connection with the closing of this transaction.
If you have any questions regarding the enclosures, please let me know, Best regards.
AGB /sg
Enclosure
cc; James M,
581321,1/815094
Summers (w /encl,) (Firm)
Very truly yours,
C?WQ--
Anna Gonzalez Barber
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
§
COUNTY OF GUADALUPE §
CITY OF SCHERTZ, TEXAS §
I, City Secretary of the City of Schertz, Texas, HEREBY CERTIFY that:
1. On the AV-1 of —� y� Y . 1999, the City Council (the Council) of the City
of Schertz, Texas (the City) convened in regular session at its regular meeting place (the Meeting)
in the City Hall of the City, the duly constituted members of the Council being as follows:
Hal Baldwin
Pia Jarman
Joe Potempa
Reginna Agee
Glyn D. Williams
Ken Greenwald
and all of such persons were present at the Meeting, except the following: _J o O
. Among other business considered at the Meeting, the attached resolution (the
Resolution) entitled:
RESOLUTION BY THE CITY OF SCHERTZ, TEXAS AUTHORIZING
ACQUISITION OF CERTAIN REAL ESTATE AND OTHER MATTERS IN
CONNECTION THEREWITH
was introduced and submitted to the Council for passage and adoption, After presentation and due
consideration of the Resolution, a motion was duly made that the Resolution be finally passed and
adopted. The motion was seconded and carried by the following vote:
voted "For" 0 voted "Against" ® abstained
all as shown in the official Minutes of the Council for the Meeting.
2. The attached Resolution is a true and correct copy of the original on file in the
official records of the City; the duly qualified and acting members of the Council on the date of the
Meeting are those persons shown above, and, according to the records of my office, each member
of the Council was given actual notice of the time, place, and purpose of the Meeting and had actual
notice that the Resolution would be considered; and the Meeting and deliberation of the aforesaid
581110,1
public business, including the subject of the Resolution, was posted and given in advance thereof in
compliance with the provisions of Chapter 551, as amended, Texas Government Code.
IN WITNESS WBEREOF, I have signed my name officially and armed the seal of the
City, this —%I day of --J 0/— Z , 1999.
City Secretary
City of Schertz, Texas
(CITY SEAL)
581110.1 _2_
t1 !1Yni 1 YI,I I1.. •14 I hllti'h I lli•iil•It:EK114(i it-It, I•gf�k t'J •1
F.M. 78
R" MSTIUG II.D.W.
PROP 13a.w. a 1 $
_ . --_ -•.
636/250
i%k
M
WALL ESMT
636/507 &
337/x82
— 636/506
13,843 SO. FT.
[N20'56'40"E
14.82'
i�
a0
• . • 1
�� 1
POB
WALL ESMT
d3B/507
8,13x3 SQ. Fr, TRACT BEING OUT OF �
�IOAFRA MALP 4Z SURVEY No. 67,
ASSTRACTNo. 221, GUADALUPE COUNTY,
T6341S AND ALSO BEING OUT OF A 0,326
ACRE TRACT OF LAND DESCRIBED AAID
CONVI3Y.ED UNTO iLP, PRWTiNO, INC,
A 7RXA8 CORPORATION IN ADM
RECORDED IN VOLUME 636, PAGE 506,
DEO RECORDS, GUADAL.UPE COtINT'�,
TRXAS.
N 961/561
GAS CONNECTION ESMT
:48/55
PIN S28'09'58'E
7.78'
PIN
i
Ffz� � r
" S1 9•449'32 "W
60.83'
�ro �
OVERLAP
357 SO. FT.
VOL 467 / PACE 659
�� t \ 33777'28 W
NOTES
1. REFERENCE BEARING IS THE
SOUTHEAST RIGHT —OF —WAY
UNE OF FM 78 AS FOUND
MONUIJENTED ON THE GROUND.
2, CORRESPONDING FIELD NOTES
PREPARED,
3. WALL ESUT 836/506, AS SHOWN
4. GAS ESMT 249/55, AS SHOWN
5, UNITED GAS CORP. ESMT 304/76,
UNABLE TO LOCATE
S. UNITED GAS CORP. SLANKCT
EASEMENT 237/589
7. WALL, ESNTS 337/462, AS SHOWN
//\_S1,3-01'.32-W
18,96'
or other Road ne2de4 or flood plain area, however
—� ...... —.---
deefgnated, as determined in accordance with erit*ria
1P%• RN
9stablishad by the Federal Administration or as determined
in accordance with criteria establiehod by any City or other
The undersigned hereby oartlfia' to tno City of Schanz,
the dens Printing, Inc,, and A(omo o C Ineuranco
9oyernmental authority hpving jurisdiction. Further, this
survey was made In accordance with the minimum
Conl000Y as of July 28, 1999, that., (a) thin surve la
true and norreot, was made on the ground under my
standards for Category the Mau Condition o Land Title Survey,
Texoa November 23 1991!
supervislon as per the corresponding field notes, and
corroetly shows the boundary rimes and dimensions and
Io4tiraNation approved furrther
certify that no portion of the above referenced property
area of the land indicated hereon and each Individual
parcel thereof Indicated hereon; (D) this tlurfvy correctly
Ilea within the 100 year fiood plain ds scaled from the
F,E,►C.A. Flood Insurance Rate Map City of Sahartz,
ahowa the a!z¢ and locatbn of all bulldinga, obeve ground
s:truetures and ether abova ground Intprovamant* and
Community Panel Number a302g9
0015 D. dated July 17, 1995
for Guadolupe County, Texas
visible Items on the aubject property (a) this survey
oorrootly shows the location of all of eye, Wreats, roads.
and incorporated areas. A!p \Y� ?'.iS�
rights —of —woy, easements, building setback Knee and
other matters
Thia '.8th day of July, t998. ••........... .... °.'r..•
or record which the underatgned has been
advised, arresting the subject property according to
EDWIN R, fCR0
•••.......a.. .............
the legol dasarlptlon In such easemente and other matters
(with instrument,
volume, and pogo numbor indicated);
(d) except as shown, there
Cv,•yto}:s:
are no (1) visible Lnprovementz,
visiblo evidence of 9esemants, tights —of —woy, party walla,
vtefble uses, visible boundary line dlscreponolae, or
conflicts, (2) violblo encroachments are adjoining promisee,
street* or alloys by Ty of said building*, structures or
other Impravamenta, (3) vWlbla encroachmentz on the
subject property by building& atructureo, or other
Improvenfams situated on adjoining pranffees, or (4)
uncroochmenta on any a*aament, building setback line or
other roetrfoted area y any building%; vlolble structures or
or other vi:@ls improvomanta altuated on the subject
property, (e) the distance from the nearest interaoeting
EDUVR YbLRD 1tBLS Na?3SS
3tJRVtM)t MARCH 5, 1999 EMSEDr
street or rood is ae shown hereon; (f) the subjxt
JULY :8, 1999
PROJECT NO: 1122.92p2
Property has direct and free access to a dodlootod public
ORA" 6Y: R,8.&
otrect or road ae shown hereon, and (g) 1 have examined
f
the Flood Insuronce Rate Mop& for Guadalupe County, Texoe,
Community Panel Number 4t10209, Map Number 0013 D,
FORD ENGINEERING INC.
dated July i7, 1925, and hereby certify that no part of
the cubyoct property Ilea fn a Spoatal flood Hazard area or
Wallo uQ rLANNero . pCv17Or►alrr
1WZ7 YfE trier, yUFX fa( IIAw "TONxL JWS 76217, (210) 5.0 -4777'
07/29/99 09:24 10210 659 3204 CITY OF SCHERTZ 10001
ACTIVITY MANAGEMENT REPORT TX
ACTY#
MODE
CONNECTION TEL
CONNECTION ID
START TIME
USAGE T.
PAGES
RESULT
: +:3360
TX ECM
18007657600
07/28 14:25
00'27
1
OK
*3361
TX ECM
15124776668
07/28 15:02
00'38
1
NG
1:3354
AUTO RX ECM
830 372 9940
07/28 12:38
00,25
1
I STOP
*3363
TX ECM
15124776668
07/28 15:15
21'55
40
OK
*3372
TX ECM
2220585
07/28 16:06
00'37
2
OK
*3375
TX ECM
18303722874
07/28 16:57
00'38
1
OK
*3376
TX ECM
18303722874
07/28 16:58
00'43
2
OK
*3377
TX ECM
8306091183
07/28 17:18
04'05
9
OK
3389
TX ECM
2707205
07/29 09:04
00'46
2
OK
3390
TX G3
9301777
07/29 09:05
0 1 ' 2 5
2
OK
3393
TX G3
658 5281
W/IVIV
07/29 09:17
04'05
11
OK
ACTIVITY MANAGEMENT REPORT RX
*:+::}:1:1:1::+:1::1: :k x : +:: + :*J: : +::+:: +:: +:1::k : }:1:1:
ACTY#
MODE
CONNECTION TEL
CONNECTION ID
START TIME
USAGE T.
PAGESI
RESULT
*3352
AUTO RX ECM
210+824+5521
07/28 11:56
01,10
3
OK
*3353
MEMORY RX ECM
001 210 270 7205
07/28 12:10
12'31
42
OK
1:3354
AUTO RX ECM
830 372 9940
07/28 12:38
00,25
1
OK
*3355
AUTO RX ECM
830 372 9940
07/28 12:39
00'35
1
OK
1:3356
AUTO RX ECM
2105906273
07/28 13:02
00'28
1
OK
*3357
AUTO RX G3
07/28 13:05
01'40
2
OK
1:3358
AUTO RX G3
2106585281
07/28 13:54
01'16
3
OK
:x.3359
AUTO RX ECM
07/28 14:11
00'39
2
OK
*3362
AUTO RX ECM
210 222 0585
07/28 15:12
00'56
2
OK
*3364
AUTO RX G3
07/28 15:37
00'47
1
OK
1:3365
AUTO RX ECM
210 6596656
07/28 15:40
01'03
2
OK
:}:3366
AUTO RX G3
9454036
07/28 15:42
00'41
1
OK
1:3367
AUTO RX ECM
210 337 1742
07/28 15:45
00'47
2
OK
*3368
AUTO RX G3
9454036
07/28 15:49
00'41
1
OK
:+:3369
AUTO RX ECM
210 659 8149
07/28 15:50
00'32
1
OK
: +:3370
AUTO RX ECM
5124904812
07/28 15:51
00'46
2
OK
*3371
AUTO RX G3
07/28 15:57
00'46
1
OK
: +:3373
AUTO RX ECM
210 566 3794
07/28 16:10
00'35
1
OK
*3378
AUTO RX ECM
210 270 7205
07/28 17:48
01'02
2
OK
*3379
AUTO RX ECM
210 270 7205
07/28 17:54
01'56
5
OK
*3380
AUTO RX ECM
210 270 7205
07/28 18:12
01'29
4
OK
*3381
AUTO RX ECM
07/29 01:52
01'29
1
OK
3382
AUTO RX ECM
409 279 5599
OAK TREE INN
07/29 04:04
01'33
2
OK
3383
AUTO RX ECH
409 279 5599
OAK TREE INN
07/29 04:07
00'47
1
OK
3384
AUTO RX ECM
07/29 07:59
00'41
2
OK
3385
AUTO RX ECM
210 651 8297
07/29 08:38
01'24
2
OK
3386
AUTO RX ECM
2104920317
07/29 08:51
01,10
2
OK
3387
AUTO RX ECM
07/29 08:53
00'37
1
OK
3391
AUTO RX ECM
2102707205
07/29 09:09
01'32
3
OK
3392
AUTO RX ECM
07/29 09:15
01'36
3
OK
FROM: U- ly DATE: —��
NAME OF SENDER CX�-1,2ck -) a & -lle-c —INUMBER OF COPIES
(INCLUDING THIS PAGE)
SUBJECT:
SPECIAL
INSTRUCTIONS:
PLEASE CALL-IF YOU HAVE ANY PROBLEMS RECEIVING THIS
TRANSMISSION.
COS Form No. F0001 (Rev. 3 -91)
1400 SCHERTZ PARKWAY
P.O. DRAWER I
SCHERTZ. TEXAS 78154 -0890
AC (210) 658 -7477
FAX (210) 659 -3204
FAX COVER SHEET
FROM:-... -DATE:
NAME OF SENDER_ l /L �NUMBER OF COPIES-
(INCLUDING THIS PAGE)
SUBJECT:
SPECIAL
INSTRUCTIONS:
PLEASE CALL'IF YOU HAVE ANY PROBLEMS RECEIVING THIS
TRANSMISSION.
COS Form No. F0001 (Rev. 3 -91)