ORDER No. 14545 ORDER APPROVING EARNEST MONEY CONTRACT FOR THE PURCHASE OF 88.6 ACRES OF LAND FOR AIR- PORT EXPANSION AND IMPROVEMENT On this the 14th day of December, 1981 came on to be heard and considered by the Court the matter of approving an Earnest Money Contract for the purchase of 88.6 acres of land required for Airport expansion and improvement at Louis Schreiner Field and it appearing to the Court that as a result of negotation with J. T. Williams, et al the owners of the said 88.6 acres of land have agreed to sell the acreage to the City of Kerrville and Kerr County at its appraised value of $287,800.00, it is ordered on motion by Commissioner Speakmon seconded by Commissioner Holland and unanimously approved by the Court that Kerr County approve an Earnest Money Contract in concurrance with the City of Kerrville to purchase the aforesaid 88.6 acres of land for a cash consideration of $287,800.00 and the County Judge be authorized to execute the said Contract on behalf of Kerr County at such time it has been executed by the five owners of record and it is further ordered that the Treasurer be authorized to draw a Voucher on the Revenue Sharing Trust Fund payable to Fidelity Abstract and Title Company in the amount of $2,500.00 for Kerr Countys one half of the contractual earnest money which voucher shall be delivered contemporaneously with Kerr County's execution of the contract. c!~aG:c~ c~ ~~{! ~t ~~ ~.CtA ~civo, v~~ ,: j1 Pcepared by the State Bar cC Texas for use by Law, ors only r ~' N ~ T 1 ~ H To select the proper fwm fi(I in plank spaces, strike out form provisions or insert t a-,~J-~t 1 L special terms cons(itufes the practice of law. No "standard form" can meet all requirements. EARNEST MONEY CONTRACT ' J. T. WILLIAMS and wife, ANNIE LOUISE WILLIAMS, THIS IS A CONTRACT whereby THERON M. WILLIAMS , JAMES EARL WILLIAMS and CARROLL WILLIAMS, herein called Seller, agrees to sell to CITY OF KERRV ILLE and KERR COUNTY . TEXAS _ ,herein called Buyer, who agrees to purchase, upon the terms and provisions hereof, the fol- lowing described real property, in its present condition, situated in Kerr County, Texas, to-wit. All of Sellers' land located East of the Airport (Louis Schreiner Field), and North of Highway 27, and being 88.6 acres of land, more or less, and also being des- cribed in Nobel's appraisal report. The total sales price is $ 287.800.00 ,payable as follows: $ of which Buyer agrees to forthwith deposit with Fldellty Ab StraCt & Tile CO. Escrow Agent, the sum of $ 5 000.00 as Earnest Money, to bind this sale,.a~~Milfh~2la€iXB~4XYC Ca'S{iS~Xi}ttb~ Any note to be executed by Buyer hereunder shall be secured by Vendor's Lien and Deed of Trust with power of sale upon said property and with the usual covenants and provisions as [o taxes, hazard insurance, acceleration of maturity on account of default and for attorney's fees and such note and Deed of Trust with the Trustee named by Seller, are to be upon current forms of the State Bar of Texas or at Seller's election upon forms meeting the approval of the hereinafter named attorneys. Unless hereinafter otherwise provided, the furnishing of such note and Deed of Trust and the recording thereof, shall be at the expense of Buyer. , a. OWNER'S POLICY OF TITLE INSURANCE issued by Seller is to furnish Buyer (g@fiXB{ZIirYXiK~fXIK$ EIJ?ELITY_~B~RA~T~_T7.T7 F' Sn ~K r"ryi11~ ~'x. @(X XXX>RL~MfX~fX.~XXR 4i:K 43K}CA~X~, tax certificates showing no delinquent taxes, (current taxes, insurance and rents, if any, to be prorated [o date of closing) a Genera] Warranty Deed to be recorded at Buyer's expense, conveying good and marketable title subject only to any liens to be created or assumed hereunder and the following: 1. Present restrictions, if any, existing against said property. (Add any other exceptions that are to limit Seller's warranty) -- 2..Existing Building and Zoning Ordinances, it any 3. Rights of parties in possession If Owner's Policy of Title Insurance is to be furnished hereunder, the same is to be delivered as and when the sale is closed, which shall be X7d ~R Feb - 1 S , 1 9 8 2_, ~SRPtxaaJdYLK>tAlY[M unless attorneys for said Title Company discover objections to title, in which case sale is to be closed when objections are removed, provided the objections are removed within a reasonable time, which in no event shall extend beyond days from date hereof. It is agreed that by the delivery of Owner's Policy of Title Insurance (form prescribed by State Board of Insurance of the Slate of Texas) under the terms of this contract, dated as of the date of closing and issued to Buyer in the amount of the total sales price, guaranteeing Buyer's title to be good and indefeasible subject only to the foregoing exceptions and the following: (Strike out any that do not apply) 1 Restrictive covenants affecting the land described or referred to above 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements 3. All taxes for the current and subsequent years all duties of the Seller as to the sufficiency of title required hereunder shall be deemed [o be fully performed by Seller; however, Seller shall not thereby be released from the warranties of his deed. :~xxX1~xxay~~:'st~cs:a=~:sx`~axicxs: x«bc~c~Zat~iek~~xk l:x T~txk'>Kx3CS: ~t~~~x x5~k~;~~! kr h~d'ltkS~Y'.i:kt~t3t5:)F~Fk ~t')CSt•5t1t~:Xxxxxxr4:thc'xxvskki ~Srnd~srztocx~ic~ x;c~csx xac x xx~s ~c~s~~x xxa: x Sk~'k i~k9t~t'ik'Rf:srSC)fXR9c }: xk~c~xocxx x Dtx k ttc~ca: xs?k~xY.~cr[S4Yxktro-: axocatirsc~cxxasxxxxxxxxxad~c~;ceXbc~chctxx&dc3cxs;Xx~x'xoasf#~exacu:rm~.cep.~sctwsoic~ixpmc&~x~txx~c ~jcscs~ x•~sc&S~a~cxsz~4cxxsrxx~xkx§rstl~srxrt>~~~~ir~a x~x Time is of the essence of this contract. Upon failure of Buyer to comply herewith, Seller may at his option e•,force specific performance, or retain the earnest money as liquidated damages, $ S,B~Il_IlIL_to go to Sellerx~f+ra:xxxxxxxxC'xxnr}~xx>~Pvx~KhV[7:Y If title is found objectionable and is not cleared within the time herein provided, or upon failure of Seller to comply herewith for any other reason, Buyer may demand back the earnest money, thereby releasing Seller from [his contract, or Buyer may either enforce specific performance hereof or seek such other relief as may he provided by law. xxxxxxxxxxxxxx zxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx~.,~;[~Stfr,~~G~S,~~,~5~'i2rdc ChMx"chxw ~katlsmabrxoa xQCw'ucwrcicyL~ax3'~cxx~.x xx xx`x xosaatsstex xptmxlox~c XXX};x]i3LX~}S1:Yeti}:CG2?f~s~':'f?£ArrXXX~Ir`f~}47~2;;irY.2GG&yL~Xd~X?S2+tyvf ~2~~7e,2; 3~2S~xn3t Elt~?rr~, Yew. ~e~:Y,2C~V~l~'sY.,e`f ~Qt.`~. ~Fa`f~ 1. Sellers J. T. WILLIAD4S and wife, ANNIE LOUISE WILLIAMS, shall have the use and possession of the house and approximately twenty (20) acres of land around same until February 15, 1983. 2. Buyers shall furnish vehicular access from Highway 27 to Sellers' house until February 15, 1983. 3. Terms. hereof survive closing. 4. Buyers warrant and represent that the acquisition o£ this property is necessary for Airport purposes, and that had Sellers not sold, Buyers would have taken such property by Eminent Domain. 1 ~ d ~~ f,. ~ :r.'.. ': e:,z iJ EXECUTED in multiple copies this ,~ tJ ~ day of '~! -Q-~'DiJ o ce' 19~ ATTEST: //~ ~ Sheila Brand, City Clem A~~EST ~ c~ , ~~ '-~ 1~ ~~i- ~~ ~~/ G-~~1 J' ~ By ~t mie M. MuenT~T, County Clerk Seller's Address Real Esta[e Ageni Seller and Buyer designate the following attorneys to represent [hev respective interests herein: Recei t of cash in the amount of $ ~i «J ~ ~~ p check is hereby acknowledged. By Seller: F.t9 Wallar•a _ l~ 0 Escrow Agent By Buyer: Tom Terrell CITY OF KERRVILLE ADDENDUM This is an addendum to that certain Earnest Money Contract by and between J. T. WILLIAMS, ET AL, Seller, and CITY OF KERRVILLE and KERR COUNTY, TEXAS, Buyer, for the sale of certain land owned by Seller near the Airport in Kerr County, Texas, as follows: I. Prior to closing, Buyer, at its expense, shall have a survey performed and the correct number of acres-calculated. The price to be paid at closing for such land shall be calculated by multiplying such acreage by $3,000.00 per acre, and adding to such amount $22,000.00 for the improvements. II. In the event additional time is needed to cure objections to title or for the performance of such survey, then the time for closing shall be extended to and including March 15, 1982. Unless altered hereinabove, all other provisions of the said original Contract remain in effect. %7. SIGNED this the oZ O ~ day of 1982. J ~ J. T. WILLIAMS, Seller ANN E LOUIS WEB ,,, Seller THERON M. VTILLIAMS Seller AMES-EARL WILLIAMS, Seller Cif J~2cs f~~~ ~ G~~~~~cc.c2~ C RROLL WILLIAMS, Seller ATTEST: CITY//OF KERRV///IIIILLE, Buyer ~~-/l ~L{.. ~;/ ~,~1". / B .-J a'c. ; c L.c. U-~-s -n.ti ~y,~ c~ Y~ / Sheila L. Brand, City Clerk H. Lee Jennings, Mayor` ATTEST: '/ _, ~ -~~ YEmmie M. Muenker, County Clerk ~ r C a, x :n wY a' COUNTY OF KERR, Buyer Order No. 14545 Order Approving Earnest Money Contract for the Purchase of 88.6 Acres of Land for Airport Expansion and Improvement 12-14-1981 (Copy of Earnest Money Contract & Addendum to Contract - attached to Order) P, Page 142