ORDER NO. 17428
PROPOSED IMPROVED'1ENT OF ROADS IN FALL BRANCH ESTA'PES AND
COLLECTIOIQ ON LETTER OF CREDIT
On this the 24th day of August 1987, upon motion made by Com-
missioner Baldwin, seconded by Commissioner Ray, the Court
unanimously approved that the I:err County Road Engineer go out
for bids for the improvement of roads in Fall Branch Estates
up to County standards and, provided such betterment can be
completed for $30,000.00 or less, that the County enter into a
proposed indemnification agreement with San Antonio Savings
Association, such agreement to be approved by the Court and
County Attorney's office. Thereafter, the County is to let a
contract for betterment of said roads and upon completion, shall
proceed to draw against the Letter of Credit No. 8030, dated
April 8, 1985, issued by National Bank of Commerce, and shall
take such actions as are necessary to collect on said letter of
credit.
NATIONAL BANK OF COMMERCE
KERRVILLE, TEXAS
Irrevocable Letter of Credit,
To: Kerr County Commissioners Court Letter of Credit No. 8030
Kerrville, Texas Date: April 8, 1985
Amount: $30,000.00
Expiration Date: April 8, 1988
Gentlemen:
We hereby establish our irrevocable letter of credit in your favor for
the account of
KERB COUNTY
available by your drafts drawn on us payable at sight for any sum of money
not to exceed a total of
THIRTY THOUSAND AND NO/100 ($30,000.00)
when accompanied by this letter of credit and the following documents:
1. A signed statement by the. County Commissioners that the sub-
divider has failed to provide site improvements.
2. A statement from the County Commissioners outlining the
actual expense incurred by the county for the completion of
site improvements in accordance with the attached trust
agreement by and between James A. Lammers, Subdivider and
Kerr County.
All drafts drawn hereunder must have the legend drawn under letter of
credit No. 8030 dated April 8, 1985.
Except so far as otherwise expressly stated, this letter of credit is
subject to the "Uniform Customs and Practice for Documentary Credits (1974
revision), International Chamber of Commerce Publication No. 290."
We hereby agree with you and all persons negotiating such drafts that
all drafts drawn and negotiated in compliance with the terms of this letter
of credit will be duly honored if presented on or before April 8, 1988.
NATIONAL B K O~F COMMERCE OF KERRVILLE
BY a 1. %~~/irw,,,,~
en Adams, Senior Vice President
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TED CONERLY
Senior Regional Vice President
June 4, 1987
County Commissionerrs' Court
Kerr County
Kerrville, Texas 78028
Dear Sirs:
The attached copies of correspondence that has taken place
concerning the Fall Branch Estates subdivision and its developer,
James Lammers, should be self-explanatory.
To summarize, San Antonio Savings believes the interests of all
concerned property owners, of which SASA is one, as well as the
taxpayers of Kerr County, will be best served by the County
immediately moving forward with whatever legal steps may be
available to cause the completion of the subdivision roads to
State and County specifications, drawing for payment upon the
resources provided by a letter of credit now in the County's
possession from National Bank of Commerce, Kerrville.
We feel that in addition to other serious problems concerning
marketability and safety of residents and visitors, not to
mention comfort and convenience of the residents, failure
of the County to move forward in an expeditious manner will
likely result in the cost of construction being paid by the
taxpayers of Kerr County.
Your time and consideration of this matter at your next meeting
will be truly appreciated.
Yours sincerely,
~~
Ted Conerly
Senior Regional Vice President
TC/lc
KERRVILLE OFFICE: 500 Main Street. Kerrville Tezas 70028
San Antonio Savings Association Corporate Headquarters' 601 NW Loop 470, Post ONice Box 1810, San Antonio, Texas 78296 Telephone AC 15121 340 7272
TRUST A(iRESMENT
IN LIEU OF PERFORMANCE BOND
This agreement is between JAMES A. LAMMERS, subdivider, and
Kerr County, Texas.
Subdivider has deposited subject to the order of subdivider
as provided in this agreement a letter of credit from National
Sank of Commerce of Kerrville, attached as Exhibit "A", in the
sum of THIRTY THOUSAND AND NO/100THS ($30,000.00) for the purpose
of guaranteeing construction site improvements in Fall Branch
Estates, a subdivision in Kerr County, Texas for the benefit of
the public represented by Kerr County, more particularly
described as follows: see attached Exhibit "B".
TYPE OF SITE IMPROVEMENT
Streets 528,000.00
Storm drainage 2,000.00
Subdivider agrees to construct all site improvements within
three years from the date of final approval of the plat of said
subdivision. Upon the failure of the subdivider to provide such
site improvements as herein provided, Kerr County shall have the
right to draw against the letter of credit for the sole purpose
of completing, repairing, maintaining or otherwise working on the
site improvements in such subdivisions. Such draw or draws shall
be limited to such amounts as are necessary for the completion of
same. A resolution of the Commissioners' Court of Kerr County
declaring that such site improvements have not been completed as
required by applicable subdivision regulations shall be final and
conclusive on the parties to this agreement. Payment to the
County shall be made on the order of the trustee without the
necessity of joinder by the subdivider.
A copy of this contract has been supplied to the bank, trust
company, or qualified escrow agent named herein.
Date of Execution: y 8-
Date of Execution: 4-R-19g~_
A. LAMMERS, Subdivide

All that certain tract or parcel of land, lying and being situated in the
Oounty of Derr, State of Texas, aryl being appt+oocimately 15.90 acres out of
J. M. Webb Surrey No. 2567, Abstract No. 2046 and 0.69 acr+a out of J. D.
Grvasbeck Survey No. 412, Abstract No. 154 in Kerr County, Texas; beirxJ the
moat southeasterly 16.59 acres out of that land conveyed as 28.21 acres from
J. A. Jackson, et ux, to Burnett Lee, et ux, by a Warranty Deed with Vendor's
Lion etascaited the 8th day of July, 1946, and reoozded in Volume 79 at Page 636
of the Deed Reeoxds of Kerr County, Texast and beir-g more particularly described
by metes and boards as follows:
BBGIDII~III~1G at a fence oornerpost marked with a 1/2" inoai stake for the east
corner of the herein described tract std said 28.21 acre tract, the occupied
east coiner of said Survey No. 2567;
T13ENCE, along or near said fence with the occupied southeast line of said 28.21
acre tract: S 42° 54' W 123.46 ft. to a 25" diameter tree marked with a 1/2"
iron stake; S 44° 38' W 490.17 ft. to a fetx+e anglepost marked with a 1/2" iron
stake; S 42° 06' W, 70.68 ft. to a anglepost marked with a 1/2" iron stake; and
S 44° 04' W,•not along a fence, 25.30 ft. tv a 1/2" iron stake set in the north-
east right-of~way line of Texas State Hic~hvay No. 27 for the south corner of the
herein described tract std said 28.21 acre tract;
TiikPl(2:, with the said northeast right of~way line of State Highway No. 27 an3
southwest line of 28.21 acre tract, N 60° 37' W, at 44.03 ft. passing a fence
anglepost, then continuing alor-g or near said fence far a total distance of
918.3b ft, to fenospoat marked with a 5/8" iron stake for the west corner of the
herein described tract, the south corner of a certain 11.52 acre tract heretofore
conveyed out of said 28.21 acre .tract;
THII~CL+, uipon, over and across said 28.21 acre tract with the southeast ].ire of
said 11.52 acre tract, N 45° 27' E, 941.34 ft. to a 5/8" iron stake in a fencer
the occupied northeast fins of, said 28.21 acre tract for the north Darner of the
herein described tract, the east oorrer of said 11.52 acre tract;
TE~SICE, along or near said fence with the occupied mrtheast line of said 28.21
acre tract, S 46° O1' E, 865.59 ft. to the PLACE OiF BDGII~NING, containing 16.59
acres of land, ~x8 or leas, within these metes ctrl bounds.
EXHIBIT "B"
ORDER N0. 17428
PROPOSED IMPROVEMENT OF ROADS IN
FALL BRANCH ESTATES AND COLLECTION
ON LETTER OF CREDIT
8-24-1987
Q, Page 459