ORDER NO. 20009 AUTHORIZATION FOR THE COUNTY JUDGE TO SIGN THE NECESSARY PAPERS TO FINALIZE THE HARPER ROAD PROJECT AND AUTHORIZATION TO PAY CLOSING COST OUT OF FUND 71-610-505 On this the 17th day of December 1990, upon motion made by Commissioner Morgan, seconded by Commissioner Ray, with Commissioner's Morgan, Ray and Holekamp voting "AYE", and Judge Edwards "ABSTAINING", said motion to authorize the County Judge to sign the necessary papers, waivers and agreements, to finalize the Harper Road Project, and to authorize payment of the closing cost for the project, was approved by a majority vote of 3-0-1. f FIDELITY ABSTRACT & TITLE CO. ABSTRACTS~T]TLE lNSURANCE~ESCROWS P.O. BOX 509 • 829 JEFFERSON ST. • KERRVILLE, TEXAS 78028 12/13/90 Tommie Huston County Clerk's office County projects (512) 257-2822 Fax # (512 257-2960 1. First batch are copies of statements due us for title searches and Abstracter's Certificates on a project ordered by Stan. We figure you haven't received copies. 2. Second batch are the items that need to be signed by Judge Edcaards. The "Balance due to Close" on each is what the closing costs are that need to be paid to us. If you have any questions, please let TM_-e '~no~a. Ti-lan'_~t you for your help. Alta COMMISSIONERS' COURT AGENDA REGIUEST • PLEASE FURNISH ONE ORIGINAL AND SEVEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: DANNY R. F.TXnTAR S MEETING DATE: December 17, 1990 OFFICE: County Judge _ TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): APProval of the County Judge signing Waivers of insr~ection and agreements on Iia-~r Road Project and authorization to pay the closing costs on the project. ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows: • Meetings held on second Monday: 12:00 P. M. previous Wednesday • Meetings held on Thursdays: 5:00 P. M. previous Thursday. If preferable, Agenda Requests may be made on office stationery with the above information attached. THIS REQUEST RECEIVED BY: ~ K- THIS REQUEST RECEIVED ON: /,? - fl~C`~ ~ ~,`~,'~/~'/ , r-~ , All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. WAIVER OF INSPECTION RE: GF# 900602F DATE December 17, 1990 GENTLEMEN: Since the title company only examines the record title and does not actually inspect the property,~we hereby waive inspection of this property by FIDELITY ABSTRACT & TITLE COMPANY and accept our policy subject to the rights of any and all parties in possession of it, if any. INSURED: State of Texas by and through Kerr County Danny R. Edwards, Ferr County Judge STATE OF TEXAS § COUNTY OF KERB § AGREEMENT WHEREAS, the State of Texas by and through Kerr County, Texas, has agreed to purchase from CATHERINE C. WAHRMUND individually and as Trustee, that certain parcel of land more fully described in Exhibit "A" attached hereto; and WHEREAS, CATHERINE C. WAHRMUND has agreed to sell unto the STATE OF TEXAS said land for the total sum of EIGHT THOUSAND TWO HUNDRED FIFTEEN AND 20/100 DOLLARS ($8,215.20); and WHEREAS, the STATE OF TEXAS, by and through Kerr County, Texas, has agreed to provide certain fencing to be located on the new boundary of the remaining lands of CATHERINE C. WAHRMUND. NOW, THEREFORE, it is agreed as follows: The parties hereto agree that the purchase price of the land described in Exhibit "A" shall be paid as follows: a. The sum of EIGHT THOUSAND TWO HUNDRED FIFTEEN AND 20/100 DOLLARS ($8,215.20) to be paid at closing, and b. New fencing for a distance of 566.34 feet along the right of way boundary of the remaining tract of land, the construction thereof to be new construction of the same type as now exists. AGREED TO THIS day of December, 1990. COUNTYJUDGE KERR COUNTY, TEXAS CATHERINE C. WAHRMUND, Individually and as Trustee THE STATE OF TEXAS § § COUNTY OF KERB § BEFORE ME, on this day personally appeared DANNY R. ED4~I2DS , COUNTY JUDGE OF KERB COUNTY, TEXAS, known to me to be the person and officer whose name is subscribed to the foregoing instrument and that he/she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of December , A . D . , 19 9 0 . Notary Public, State of Texas Lidia S. Betts My Commission expires on the day of August , 1991 THE STATE OF TEXAS § § COUNTY OF KERB § BEFORE ME, on this day personally appeared CATHERINE WAHRMUND, known to me to be the person whose name is subscribed to the foregoing instrument and that he/she executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE, this A.D., 1990. day of Notary Public, State of Texas My Commission expires on the day of , 19_ WAItIFR OF INSPECTION RE: GF# 900601F DATE: December 4, 1990 Since the title company only examines the record title and does not actually inspect the property, we hereby waive inspection of this property by FIDELITY ABSTRACT & TITLE CO. and accept our policy subject to the rights of any and all parties in possession of it, if any. INSURED: STATE OF TEXAS 19 FIDELITY ABSTRACT & TITLE COMPANY 820 Main Street, Suite 100 Kerrville, Texas 78028 Re: WO# Property: See attached legal description. to An agricultural land use or open space valuation has been granted to the Seller for ad valorem tax purposes this year and/or previous years on the real property that is the subject of the above referenced transaction. The undersigned hereby acknowledge that they are aware of the valuation and the rights of the taxing authority to collect the deferred tax plus penalty and interest for the year or years the agriculture land use or open space valuation is or was allowed. Further, the undersigned understand that the Title Policies issued will contain an exception shown under Schedule B, Item 3, pertinent to these taxes. It is further understood and agreed between the parties hereto that any tax or assessment arising out of any "rollback" of taxes, or any penalty or interest arising therefrom, due to change in land usage, shall be paid by the Buyer outside of closing, and neither Fidelity Abstract & Title Company nor the underwriter shall bear any responsibility or liability regarding any such "rollback." SELLER BUYER 3y DANNY R. FDWAF2DS, Kerr County Judge FIDELITY ABSTRACT & TITLE COMPANY ~~ (Closing Officer) FIEfD NOTES OF $OI.3tJIE GEr7E OLl1FSOtJ Parcel No. 3 O.OGO of an acre ot- land, more or less, same being out of and a part of that certain 111.80 acre tract of. land out of the Fleury Kuckuck Survey rho. 685, Abstract too. 222, Kerr County, Texas, said 111.80 acre tract being the same land described in a deed from G. David Shaw to Bonnie Gene Olafson executed the 11th day of November, 1980 and recorded in Volume 242, Page 203 of the Deed Records of Kerr County, Texas, said 0.060 of an acre of land, more or less, being more particularly described by metes and bounds as follows: BEGIrdrFING at a point in the proposed t•]est right of Dray line of Farm to t•1arlcet tlightaay tJo. 783, said point being South 75 DEG 01'01" East, a distance of 1228.76 feet from an existing Southtaest property corner of the Catty ripe C. Wahrmund property, said point being further described as he.ing 57.ti9 feet right and radial. to Engineer.'s Station 89+83.39 on tt~ contorl ine of proposed Farm to Market }ligtnaay No. 783; Tttt?tX'f ~:ntP['iF 75 Dl:G Ol'Ol." I:~~st, a ~listanct~ of 47.?.4 feet t.o a point, said pnint }rind t}tc intcr.scction of ttx~ existing West right o(. w<~y 1 inc~ of tt~ existing I'~~rm to Market itiginaay No. 783 and an existing north }~ropcrty line of ttx' Bonnie Cene c?lafson property; TFtEt:CE SOUI'Ii 03 DEG 90'02" iJest, along the existing ~dest right of way line of the existing Farm to PFarket Higrxaay No. 783, a distance of 112.87 feet to a point, said point being the intersection of the existing 6Jest right of way line of the existing Farm to Market Higtx~ray No. 783 with the proposed West right of way line of proposed Farm to Market Hig}xa~~y No. 783, said Point being further described as being 26..00 feet right and radial to Engineer's Station 91+15.00 on the centerline of proposed farm to r•tarket Highway No. 783; THEME rFORTFt ].7 DEG 05'07" hest, along the proposed 4~;est right of taay line •of proposed Farm to Market Highway No. 783, a distance of 130.63 feet to the place of F3IGIPItJIPIG and containing an area of 0.060 of one acre of ].and, more or less. AAIVER OF INSPECTION RE: GF# 900603F DATE GENTLEMEN: Since the title company only examines the record title and does not actually inspect the property, we hereby waive inspection of this property by FIDELITY ABSTRACT & TITLE COMPANY and accept our policy subject to the rights of any and all parties in possession of it, if any. INSURED: State of Texas STATE OF TEXAS § § COUNTY OF KERB § AGREEMENT WHEREAS, the STATE OF TEXAS by and through Kerr County, Texas, has agreed to purchase from BONNIE GENE OLAFSON and husband, JAMES OLAFSON that certain parcel of land more fully described in Exhibit "A" attached hereto; and WHEREAS, BONNIE GENE OLAFSON and husband, JAMES OLAFSON has agreed to sell unto the STATE OF TEXAS said land for the total sum of FOUR HUNDRED TWENTY .AND NO/100 DOLLARS ($420.00); and WHEREAS, the STATE OF TEXAS, by and through Kerr County, Texas, has agreed to provide fencing to be located on the new boundary of the remaining lands of BONNIE GENE OLAFSON and husband, JAMES OLAFSON. NOW, THEREFORE, it is agreed as follows: The parties hereto agree that the purchase price of the land described in Exhibit "A" shall be paid as follows: The sum of FOUR HUNDRED TWENTY AND NO/100 DOLLARS ($420.00) to be paid at closing, and IT IS FURTHER AGREED that KERB COUNTY will construct new fencing for a distance of 130.63 feet along the right of way boundary with the remaining tract of land, the construction thereof to be new construction of the same type as now exists. AGREED TO THIS day of October, 2990. OUNTY JUDGE ERR COUNTY, TEXAS THE STATE OF TEXAS § COUNTY OF KERB § BEFORE ME, t_hA Lndersi caned authority , on this day personally appeared DANNY R. EDG~,RDS , COUNTY JUDGE OF KERB COUNTY, TEXAS, known to me to be the person and officer whose name is subscribed to the foregoing instrument and that he/she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of DP~Pml,ar , A . D . , 19 9 0 . THE STATE OF TEXAS § COUNTY OF KERB § Notary Public, State of Texas My Commission expires on the 5th day of August , 19 91 BEFORE ME, on this day personally appeared BONNIE GENE OLAFSON known to me to be the personsl whose names i~ubscribed to the foregoing instrument and that ~p she executed the same for the purposes and consideration therein expressed. ~Q G~~U DER MY HAND AND SEAL OF OFFICE, this ~ day of A.D., 1990. V~ o ary Public, State of Texas My ~~ission ex fires on the 3 . day of v~ , 19~ STATE OF TEXAS ) COUNTY OF HARRIS ) Before me, on this day personally appeared James Olafson, known to me to be the person whose name is subscribed to the foregoing instrannent and acknowledged that he executed the same for the purppses and consideration then in expressed. Given under my hand and seal of office, this as day of ~~?-v-~,r,,,,~~~~ , 1990. -' Notary lic, State of Texas Seal of Stamp Fs~zcs.t`W! Cn. t~i.E;`,° ~cUFcS`f r!.Ei~~i~ !:7 At~~ rvr S ire ~fi~fi~ of 3'exa3 My Commission Expires 07 f 1`! f ~ g-- File~~: 900b03-F SELLERS: PURCHASERS: PROPERTY: DATE: Purchaser's Closing Statement Bonnie Gene Olafson State of Texas 0.060 ac Sur. 685 A. 222 part of 111.80 ac. tract October 1, 1990 Contract Sales Price PLUS: CHARGES Title Insurance to Fidelity Abstract Recording Fees Deed: 9.OOMort: to Fidelity Abstract Tax Certificates to Fidelity Abstract Policy Guaranty Fee to State of Texas Recoupment Premium to State of Texas Courier Fees to Fidelity Abstract LESS: CREDITS Deposit with Seller & Title Co. Rel: & Title Co. & Title Co. & Title Co. $420.00 $265.00 $9.00 $20.00 $5.00 $2.65 $28.50 Gross Amount Due from Purchaser Amounts Paid by/for Purchaser Balance due to Close $750.15 $420.00 $330.15 Purchaser understands the closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnished a copy of this Statement. Purchaser understands that tax and insurance prorations and reserves are based on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between PURCHASER and SELLER direct. The undersigned hereby authorizes Fidelity Abstract & Title Company to make expenditures and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement. Fidelity Abstract & Ti a Company Ji ie L. Peschel crow Officer ~ , ~Ja~~~ State f e x a s by and through Kerr County DANNY R. ED~,RDS, Kerr County Judge 700 Main $420.00 Kerrville, Texas 78028 Address File4~: 900601-F SELLERS: PURCHASERS: PROPERTY: DATE: Purchaser's Closing Statement South Texas District Council of the Assemblies of God, Inc. State of Texas 1.789 ac. Sur. 685 A. 222 part of 126.161 ac tract October 23, 1990 Contract Sales Price $12,880.00 PLUS: CHARGES Title Insurance $289.00 to Fidelity Abstract ~ Title Co. Recording Fees $27.00 Deed: 9.OOMort: Rel: 18.00 to Fidelity Abstract & Title Co. Tax Certificates $20.00 to Fidelity Abstract & Title Co. Record Affid/Non-Pro ~ $7.00 to Fidelity Abstract & Title Co. Policy Guaranty Fee $5.00 to State of Texas Recoupment Premium $2.89 to State of Texas Gross Amount Due from Purchaser LESS: CREDITS Deposit with Seller $12,880.00 Amounts Paid by/for Purchaser Balance due to Close __ $ i 3~ 230.89 __ $12~ 880.00 $350.89 Purchaser understands the closing or Escrow Agent has assembled this information representing the transaction from the best information available fron other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnished a copy of this Statement. Purchaser understands that tax and insurance prorations and reserves are bases on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between PURCHASER and SELLER direct. The undersigned hereby authorizes Fidelity Abstract & Title Company to make expenditures and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement. Fidelity Abstract & itle Company o~F immie L. Peschel Escrow Officer ~~~˘~~ s L a t e o r '1' e x a s by and through Kerr County Danny R. Edwards, Kerr County Judge ~:errville, Texas 78028 Address File~~: 900602-F SELLERS: PURCHASERS: PROPERTY: DATE: Purchaser's Closing Statement Catherine C. Wahrmund Individually and as Trustee State of Texas 1 , 141. ac Sur 685 A. 222 part of 12.643 ac tract October 1, 1990 Contract Sales Price PLUS: CHARGES Title Insurance to Fidelity Abstract Recording Fees Deed: 11.OOMort: to Fidelity Abstract Tax Certificates to Fidelity Abstract Policy Guaranty Fee to State of Texas Recoupment Premium to State of Texas LESS: CREDITS Paid to Seller & Title Co. Rel: ~ Title Co. & Title Co. $8,215.20 $265.00 $11.00 $20.00 $5.00 $2.65 Gross Amount Due from Purchaser $8,215.20 Amounts Paid by/far Purchaser Balance due to Close $8518.85 $8,215.20 $303.65 Purchaser understands the closing or Escrow Agent has assembled this information representing the transaction from the best information available fron other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnished a copy of this Statement. Purchaser understands that tax and insurance prorations and reserves are basec on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between PURCHASER and SELLER direct. The undersigned hereby authorizes Fidelity Abstract & Title Company to make expenditures and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement. Fidelity Abstract & Title Company J'm 'e L. Peschel State of Tex s by and through Ke E ow Officer DAl~II~1Y R. ED4~RDS, Kerr County Judge 700 Main Kerrville, Texas 78028 Address