ORDER NO. 20009 AUTHORIZATION FOR THE COUNTY JUDGE TO SIGN THE NECESSARY PAPERS 'T'O 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. COMMISSIONERS' COURT AGENDA REQUEST • PLEASE FURNISH ONE ORIGINAL AND SEVEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY• DANNY R. Frx~~S OFFICE: County Judge MEETING DATE: December 17, 1990 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): APProval of the County Judge signing Waivers of inspection and agreements on Harper Road Project and authorization to day 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: ~~~~ THIS REQUEST RECEIVED ON: ~~ -/l~ -~-iD @ L 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, I:err County Judge STATE OF TEXAS § COUNTY OF KERR § 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. COUNTY JUDGE 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. F.DI~IRDS , COUNTY JUDGE OF KERR 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., 1990. Notary Public, State of Texas Lidia S. Betts My Commission expires on the h day of Aucrust , 1991 THE STATE OF TEXAS § § COUNTY OF KERR § 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 WAIVER OF INSPECTION ~; GF~ 900601F DATE December 4, 1990 GEI~I'LEP'lEN: 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 ABSTRACP & 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 FIDELITY ABSTRACT s20 Main Street, Kerrville, Texas 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 B~nnie G^e~nen OAl)afls~o)n J t~T. Olafson 19 & TITLE COMPANY Suite 100 78028 (~r~.~~~ BUYER ~V DANNY R. EDWARDS, Kerr County Judge FIDELITY ABSTRACT & TITLE COMPANY ~' ~ (Closing Officer) FIrGD NO'I'F;S OF DOC1r~IE GEf~I; OII1FSOtT Parcel No. 3 , O.OGO of an acre oC land, more or less, same being out of and a part of tt~t certain 111.80 acre tract of land out of the henry Kuckuck Survey tlo. G85, Abstract too. 222, Kerr County, Texas, said 1.11.80 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 297_, Page 203 of the Deed Records of Kerr County, Texas, said 0.060 of an acre of land, more or less, being more particularly descril~d by metes and bounds as t:oll.ows; BEGICINING at a point in the proposed t~lest right of way line of Farm to ttarl:et llighcaay t1o. 783, said point being South 75 DL'G Ol'01" Past, a distance of 1228.76 feet from an existing Southwest property corner of the ~at}~rine C. Wahrmund property, said point being f.urthor described as being 57. b9 Feet ric3ht anCi radial. to t;nc3ineer.'s Station 89+83.39 on t}-~ centerline of proposed [,arm to Market highway Pdo. 783; T(ti;tz'f' :;nUClt 75 DI;G 01'01." hest-, a distonce of 47. ?.~} foot ton point, said point l~inr! the intcr.scc.l•ion of t}x~ existing G,icst right oC ws~y 1 inc~ of. ttx' existing !~r'E ll0I7I'!! l.7 DEC OG'07" t4est, along the proposed t°:est right of way line •of proposed ['arm to Market }!ig}•x~ay No. 783, a distance oL I30.63 feet to the place of BP:GItJtJIfIG and containing an area of 0.060 of ono acre of lanr3, more or less. L WAIVER OF INSPECTION RE: GF# 900603F GENTLEMEN: DATE 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 KERR § 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 KERR 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, 1990. COUNTY JUDGE KERR COUNTY, TEXAS BONNIE GENE OL/A,FS~O~Nf `~ ~z~'~ //V ~ l5 JAM S OLAFSON THE STATE OF TEXAS § COUNTY OF KERB § BEFORE ME, the L~ndersi caned aLt_hori ty , on this day personally appeared DANNY R. IDY~,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 Lac-Pmher , 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 persons whose names' i~ubscribed to the foregoing instrument and that -ttr~p she executed the same for the purposes and consideration therein expressed. ,/J G,I~yyEN U~] DER MY HAND AND SEAL OF OFFICE, this ~_ day of /Vf)'I~em b~.r~ A . D . , 19 9 0 . ~~ o ary Public, State of Texas My ~son~mission ex fires on the 3 .,- day of ~ 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 instr~unent and acknowledged that he executed the same for the purppses and consideration they in expressed. Given under my hand and seal of office, this as day of ~(~v-P,,,,,~~~~ , 1990. _. Notary lic, State of Texas Seal of Stamp i'>,.°~c's;iWe ~ G. I<€.E;',°~ tiG[2 ~' ~-~ii~ i:1 ar)`1 i~a?r Ti1C `.~.5`3~@ G~ ~CT.'~a 1Ny Commission Expires Oyf1~Sf ~{~--- File~~: 900603-F SELLERS: PURCHASERS: PROPERTY: DATE: Purchaserts 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 nformation representing the transaction from the best information available from ther sources and cannot guarantee the accuracy thereof. Any real estate agent r lender involved may be furnished a copy of this Statement. Purchaser understands that tax and insurance prorations and reserves are based n figures for the preceding year or supplied by others or estimates for current ear, and in the event of any change for current year, all necessary adjustments ust be made between PURCHASER and SELLER direct. The undersigned hereby authorizes Fidelity Abstract & Title Company to make xpenditures and disbursements as shown above and approves same for payment. ne undersigned also acknowledges receipt of Loan Funds, if applicable, in the nount/shown above and a receipt of a copy of this Statement. Fidelity Abstract & Ti a Company ~~~ Ji ie L. Peschel crow Officer Q~ ~/~~~~ S t a t e f e x a s by and through Kerr County DANNY R. EDL~RDS, Kerr County Judge 700 Main $420.00 Kerrville, Texas 78028 Address File4~: 900601-F Purehaser~s Closing Statement _.__ SELLERS: South Texas District Council of the Assemblies of God, Inc. PURCHASERS: State of Texas PROPERTY: 1.789 ac. Sur. 685 A. 222 part of 126.161 ac tract DATE: October 23, 1990 Contract Sales Price PLUS: CHARGES Title Insurance to Fidelity Abstract Recording Fees Deed: 9.OOMort: to Fidelity Abstract Tax Certificates to Fidelity Abstract Record Affid/Non-Pro to Fidelity Abstract Policy Guaranty Fee to State of Texas Recoupment Premium to State of Texas & Title Co. Ref: 18.00 & Title Co. & Title Co. & Title Co. $12,880.00 $289.00 $27.00 ~ $20.00 ' $7.00 $5.00 $2.89 Gross Amount Due from Purchaser LESS: CREDITS Deposit with Seller $12,880.00 Amounts Paid by/for Purchaser Balance due to Close $13,230.89 $12~ 880.00 $350.89 Purchaser understands the closing or Escrow Agent has assembled this information representing the transaction from the best information available from ether sources and cannot guarantee the accuracy thereof. Any real estate agent ~r lender involved may be furnished a copy of this Statement. Purchaser understands that tax and insurance prorations and reserves are based an 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 oust 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 immie L. Peschel Escrow Officer ~-5 5~ a ti e o z- 'r e x a s ~, and through Kerr County Danny R. Edwards, Kerr County Judge F:errville, Texas 78028 Address File~~: 900602-F Purchasers Closing Statement SELLERS: Catherine C. Wahrmund Individually and as Tr~astee PURCHASERS: State of Texas ~ ' PROPERTY: 1.141 ac Sur 685 A. 222 part of 12.643 ac tract DATE: October 1, 1990 Contract Sales Price $8,215.20 PLUS: CHARGES ' Title Insurance $265.00 to Fidelity Abstract & Title Co. Recording Fees $11.00 Deed: 11.OOMort: Rel: to Fidelity Abstract & Title Co. Tax Certificates $20.00 to Fidelity Abstract & Title Co. Policy Guaranty Fee $5.00 to State of Texas Recoupment Premium $2.65 to State of Texas Gross Amount Due from Purchaser $81518.85 LESS: CREDITS Paid to Seller $8,215.20 Amounts Paid by/for Purchaser $8~ 215.20 Balance due to Close $303.65 Purchaser understands the closing or Escrow Agent has assembled this information representing the transaction from the best information available from ather 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 oust 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 E ow Officer 700 Main Kerrville, Texas 78028 Address DANNY R. E~,RDS, Kerr County Judge