oRnER No. ~.~~~~ AF~RROVAL TD ACG!UI RE FIVE F~ARCELS of LAIVll FOR EXTE~ISIOi~I OF THOMF~SOiV HRIVE/SF~UR 98 on this the S7th day of Rlovember 1~39~, upon motion made by J~..idge Robert A. Henson, seconded by Commissioner, Lehman, the Co~_irt unanimously approved by a vote of 4-0-@, finds that it is necessary in the F~~_tblic interest to acq~_~ir-ed the five par^cels of land as described in the Co~_~nty' s contract with Dominion Land and Cattle Company and with Lewis Hra~elton, for extension of 'Thompson Drive/Sp~_~r 9~] by p~_~rchase or~ condemnation. DRDER ND E3DE5 AUTHORIZE AF'p'RAISAL SERVICE ON THE EXTENSION DF THDMF'SON DRIVE On this the :.7th day of November 1995, upon motion made by Commissioner^ Lehman, seconded by Commissioner Holekamp, the Court unanimously approved by a vote of 4-~-Q~, to a~_~thor-ire Filly Snow payment to be made to per^form the appraisal service on the extension of Thompson Drive/Spur 98, pursuant to the to the terms and condition of the contract with llominion Land and Cattle Company and with Lewis Prazelton. ORDER NO. E~~'9'78 AF'PROVAL_ OR CONTRACT W I TF-I DOMINION LAND AND CATTLE COMPANY AND L.EW I S BRAZELTON FOR ACC?U I S I l"ION OE LAND FOR "I"HE EXTENSION Off' THOMPSDCJ DRIt,~E On this the ~_;_,rd day of October 1y3 ~, ~..~pon motion made by J~_rdge Denson, seconded toy Commissioner L_ehrnan, the Co~_irt unanimously approved by a vote of 4-@-0, to approve the contract between !',err Co~_inty tend the Dominion I_~~nd & Cai;tle Go. and Lewis E~r-•a~elton for acquisition of land for extension of Thompson Drive Spur X38) and a~..tthori~ze the Co~_rnty J~..~dge to sign the i"~E'Ce55ar"y doc~_iment s. CONTRACT ~'OR l1CQIII8ITIQN OF LAND This Agreement is made between DOMINION LAND AND CATTLE Ca., INC. ('!DOMINION") , LEWIS I3RAZELTON, Trustee (hereinafter "TRUSTEE"j for owners:of "PROPERTY," as that term is hereinafter defined, and the County of Kern ("COUNTY"), a political subdivision of the State of Texas. WHEREAS, DOMINION is iri the process of developing 573.95 acres, fiore or less ("PROPERTY"), as described on Exhibit A attached hereto, said Exhibit A hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim; and WHEREAS, TRUSTEE represents that he is authorized to act on behalf of and to legally bind the owners of said PROPERTY; and WHEREAS, the PROPERTY is located izx Kerr County; and WHEREAS, DOMINION proposes, as part of its development, to acquire right-of-way and build a road at a location that the Texas Department of Highways and Transportation ("TxboT") has previously designated as a planned extension of Thompson Drive (Spur 98); and WHEREAS DOMINION grid COUNTY have reached agreement regarding obtaining right-of-way and construction of a public roadway which will also prpvide accQSS to the PROPERTY; NOW THEREFORE, and in consideration of the mutual terms and conditions hereinafter found, and the reliance of each of the parties hereto upon such terms and conditions, the receipt and sufficiency of which is hereby acknowledged, DOMINION, TRUSTEE and COUNTY agree as follows: 1. It is the intent of the parties t identified on Exhibit B as ~~R.O.W. I" acquired, and that a public roadway ba thereof. Said Exhibit is attached incorporated herein by rnferenna far a17. as if copied herein verbatim. hat the right-of-way and "R.d.W. II" be placed on a portion hereto and hereby int~-n4-~ and ~,L,rnoeP.s 2. COUNTY will cause a survey to be prepared regarding ( R.O.W. I. The survey will be prepared by CHARLES DOMINGUEZ, DOMINION will pay for the survey, at COUNTY'S option, by (i) direct payment to CHARLES DOMINGUE2, or (ii) reimbursement to COUNTY upon presentation of the DOMTNGUEZ billing to DOMINION. 3. COUNTY will cause R.O.W. I to be appraised. bOMINION will pay for thn appraisal, at COUNTY~S option, by (i) direct payment to the appraiser,_or (ii) reimbursement to COUNTY upon presentation of the appraisal billing to DOMINION. The appraiser shall bQ selected by the parties by mutual agreement. Roadway ecquiaitiott contract Paaa 2 of 4 4. Upon receipt of the appraised value of R.O.W. I, DOMINION shall have the ]right to cancel this agrnamant within ten (10) days from receipt of appraisal; if it deems the cost of acquisition og R.O.w. I unreasonable. 5. If AOA'IZNION does not cancel this Agreement, then eouzaTx shall proceed to purchase and acquire R.O.W. I at DOMZNYON~S cost and expense. 6. If COIINTY ~ is .unable to purchase and acquire R.o_w. Z by agreement with the affocted property owners, the COUNTY will ~.~sa its eninent domain autY:arity to acquires said property by condemnation. 7. DOMINION will pay far a11:of COUNTY'S cast of acquisition of R.O.W. I by condemnation, other than outside attorney fees incurred by COUNTY iri~excesa of $1,000.00. Such costs will include, but will. not necessarily be limited to: land costs, appraisal, fee; filing fees; service fees; special commissioners fees; court costs; jury fee; copying and documentation costs; all other cut-of-pocket costs incurred by COUNTY. Such costs will be paid by DOMINION, at COUNTY'S option, by (i) depositing the total appraised value of R.O.W. I plus COUNTY'S estimatAd costs for condemnation with COUNTY in trust. If this procedure is used, COUNTY will furnish ;DOMINION with a monthly accounting of use of the trust funds; or (ii) reimbursing COUNTY upon presentation to DOMINION of a statement showing the amount of R.O.W_ I acquired, and the costs associated therewith. 8. COUNTY will take title to R.O.W. Z, and will become sole owner of same. 4. Uper_ completion of aa.;s{s~,t:.p:: of R.4.W. T, DOMINION and/or TRUSTEE will convey clear title to COUNTY of the property identigied in Exhibit ag R.Q.W. II. 10. DOMINION will thereafter cause a roadway to be constructed across (i} R.O.W. I, and (ii) that portion of R.O.W. II from R.O.W. Y to the entrance roadway into the PROPERTY. ThQ roadway will be constructed at bOMINION'S cost and expense, and will be constructed to meet COUNTY specificat~.pns, with any variances therefrom only as appxoved by COUNTY. 2 Roadvay acquisition contract Paps 3 of f 11. The Roadway will be a public roadway and upon completion and acceptance by COUNTY, will ba placQd on the COUNTY~s list of maintained COUNTY roads. 12. DOMINION shall have the right to assign its right, duties, and obligations under this agreement to a development company created for the purpose of developing the PROFERTX. 13. This Agreement constitutes the sale and only Agreement of the part~.eg hereto and supersedes any prior understandings or written or oral Agraauiantg bAtwaen the parties with respect to the subject matter hereof. -- Ap r ved and adopted by Kerr County Commissioners Court on this _y~ day of _ 1995. _ ~ ~'L._ RO T„A. KERR COUNTY JUDGE Attest: Pat Dye, Kerr Gaunt Clerk and Ex-Officio Clerk of the Commissioners court Of Kerr County, Texas Appxoved and ado d .by, DOMINION LAND ANb CATTLE CO. , INC. can this ZZ~_ day of ~~ ~~.~' ~_ 1995. ~,. DAVIA CUNNINGS, PRESID NT DOMINION LAND AND CATTLE CO., INC. Approved and adopt d by Lewis Brazelton, Trustee, on this ~~ day Of , 1995_ Roadway actiulaition contract Peg! i of ; THE STATE OF TEXAS } } COUNTY OF KERB } This instrument was x.995, by ROBERT A. DENSON, acknowledged before me on ~f~~~~, County fudge o~ Kerx county, Texas. .~._,,,._,__-~v.._ _ ~ :I ~~ • ,. bl~~-I; ~>;J:iYei f!6:'1.6 ,~.., iJ7!. .~~.:1: ~,... ~,:•r:~...J __ ~, ~_ Notes y Public,_ a State of Texas My ~ommissign expires: ,3-/~- 9~ Notary~S printed name THE STATE OF TEXAS } } COUNTY OF KERB } T2~is instrument was acknowledged before fie on ~ , n 1995, by DAVxb W. CIIMMINGS, JR., President of DOMIN ON LANDA D CATTLE CO., INC. ~~_ •'C ~: No[ary Public, Ssata o(Toxas ' • "~•:c,; AAy Commission Expires • - ~ .' OCTOBER 1, 1997 -, ~~ ~ ~ ~~~.~ ~~ L ~-' C ,~' Notary -lic, The State of Te~ca M~Commission ex~pire~: ~-G'/ -`-/~` Notary's printed name THE STATE OF TEXAS } } COUNTY OF KERB } This instrument was acknowledged before me vn ~~ ~ j~ , 1995, by LEWZS B,RAZELTOiti, Trustee. GIYq UTOAT/DN - O/O(• A:IDOMIYOMDOIAMlION.GT71 i o ary Public, The State of Texas My Coma-ission ~~`~~`~~'`'~~'`~'`'~`•~ ~~ 5,. EF~~ ADD, C TN ~~RT ~~ Notary's primed. ~nr~im~ ~~~,;;~> ~~~;~,: s~~~., :,~ r~:„~. -~ Via, - • . 6+Y Co~Ti~son FMU!r•'S _''11!99 'j~ 4 CONTRACT FpR J-CQQIBITION OF LAND This Agreement is made between DOMINION LAND AND CATTLE GO., INC. ('!DOMINION"), LEWIS BRAZELTON, Trustee (hereinafter "TRUSTEE") for owners~.~f "PROPERTY," as that term is hereinafter defined, and the County of Kerr ( "GOUN'Y'Y") , a political subdivision of the State of Texas . WHEREAS, DOMINION is iri the process of developing 573.95 acres, more or less ("PROPERTY~~), as described on Exhibit A attached hereto, said Exhibit A hereby incorporated herein by reference for alI intents and purposes as if copied herein verbatim; and WHEREAS, TRUSTEE"represents that he is authoriaad to act on behalf of and to legally bind the owners of said PROPERTY; and WHEREAS, the PROPERTY is located in,~Cerr County; and WHEREAS, DOMINION proposes, as part oi' its development, to acquire right-of~way and build a road at a location that the Texas Aepartment of Highways and Transportation ("TxDOT") has previously designated as a planned extension of Thompson brive (Spur 98); and WHEREAS DOMINION and COUNTY have reached agreement regarding obtaining right-of-way and construction of a public roadway which will also provide accQSS to the PROPERTY; NOW THEREFORE, afld in consideration of the mutual terms and conditions hereinafter found, and the reliance of each of the parties hereto upon such terms and conditions, the receipt and sufficiency of which is hereby acknowledged, DOMINION, TRUSTEE and COUNTY agree as follows: 1. It is the intent of the parties t identified on Exhibit E as ~~R. 0. W. I" acquired, and that a publid roadway be thereof. Said Exhibit is attached incorporated herein by reference for all as if copied herein verbatim. hat the right-of-way and "R.d.W. II" be placed on a portion hereto and hereby intents «nd purposes 2. COUNTY will cause a survey to be prepared regarding R.0_W. I. The survey will be prepared by CHARLES DOMINGUEZ. DOMINION will pay for the survey, at CoUNTY~3 option, by (i) direct payment to CHARLES DOMINGUEZ, or (ii) reimbursement to COUNTY upon presentation of the DOMTNGUEZ billing to bOMINION. 3. COUNTY will cause R.O.W. I to be appraised. DOMINION will pay for the appraisal, at COUNTY~S option, by (i) direct payment to the appraiser, or (ii} reimbursement to COUNTY upon presentation of the appraisal billing to DOMINION. The appraiser shall be selected by the parties by mutual agreement. v,•,R`r E. KEF'SE'~' 21~~-~9r, ~+31 F. ii? Rosclway ocquisition tontract Pays Z of S 4 . Upon receipt of the appraised value of ~t.O.W. I, UoMrNZON shall have the right to cannel this agreement within ten (10) days from receipt of appraisal, if it deems the cost of acquisition of R.O.W. I unreasonable. 5. If AOMZNTON does not cancel this Agreement, then eoiJNTX shall proceed to purchase and acquire. R.O.W. I at DOMzNYON~s cost and expense. 6 . If COIINTY is unable to purchase and acquire R. o. w_ I by agreement with the affected property owners, the COUNTY will use its eminent domain authority to acquire said property by Cohdemnatian. 7. DOMINION will pay for all.of COUNTY'S oast of acquisition of R.O.W. I by condemnation, other than outside attorney fees .incurred by COUNTY in excess of $1,000.00. Such costs will include, but will not necessarily be limited ta: land costs, appzaisa~. fee; filing fees; service fees; special comznissfoners fees; Gourt costs; jury fee; copying and documentation costs; all other out-of-pocket costs incurred by COUNTY. Such costs will be paid by DOMINION, at COUNTY'S option, by (i) depositing the total appraised value+ of R.O.W. I plus COUNTY~S estimated costs for condemnation with COUNTY in trust. If this procedure is used, COUNTY will furnish DOMINION with a monthly accounting of use of the trust funds; ar (ii) reimbursing COUNTY upon presentation to DOMINION of a stateaatent showing the amount of R.O.W. I acquired, and the costs associated therewith. 8. GOUNTY will take title to R.O.W. I, and will become sole owner of same. 9. Upon ac~mpletion of acquisition of R.O.W. I, DOMINION and/or 'T'RUSTEE will convey clear title to COUNTY of the pxaperty identified in Exhibit ag R.O.W. II. 10. DOMINION will thereafter cause a roadway to be constructed across (i) R.O.W. I, and (ii) that portion of R.O.W. II from R.O.W. I to the entrance roadway into the PROPERTY. The roadway will be constructed at bOMINION'S cost and expense, and will be constructed to meet COUNTY specificatipns, with any variances therefrom only as appa:oved by COUNTY. 2 Roadusy acquisition contract PADS 3 of 4 11. The Roadway will be a public roadway and upon completion and acceptance by COUNTY, will ba placed on the COUNTY~s list of maintained COUNTY roads. 12. DOMINION shall have the right to assign its right, duties, and obligations under this agreement to a development company created for the purpose of developing the PROPERTY. 13. This Agreement constitutes the sole and only Agreement of tha part~.AS hereto and supersedes any prior understandings or written or oral Agre~amants bAtween the parties with respect to the sub~act matter hereof. `~" Appr~ved and ad pt d~by Kerr County Commissioners Court on this 2 3 ~ day of 1995. ROB T„A. D S KERB COUNTY JUDGE Attest: Pat Dye, Kerr County Clerk and Ex-Officio Clerk of the Commissioners Court of Kerr Cou»ty, Texxs Approved and adopted by DOMINION LANb AND CATTLE Co., INC. on this day of 1995. DAVIA CUNNINGS, PRESIDENT DOMINION LAND AND CATTLE CD., INC. Approved and adop~gd by Lewa.s Brazelton, Trustee, on this __~~_~ day of ~ a -- 19 9 5 . 3 ~~+R'~' E_. h.Ef'=E'l ~1^=i=i :3•~r.:~~_+31 F_ ~7r Roadway eccSuSaition contract Pe9e 4 of 4 THE STATE OF TEXAS } } COUNTY OF KERB } This instrument was acknowledged before me on tS~/ ' /p ~ 3 , I995, by. ROBERT A. DENSON, County Judge of Kerr County, exas. / 1 ~ _... - __ ~ , , }~~ ~ ' ~! Notar Public, he 'State of Texas ~ ` ~. My oxumission expires:. ~~ ~ ` Notary's prin ed name THE STATE OF TEXAS } } COUNTY OF KERB } Tl~.is instrument was acknowledged before 7ne on , 1995, by DAVXD W. CUMM~NGS, JR., President of DOMINION LAND AND CATTLE CO., INC. Notary Public, The State bf Texas My Commission expires: Notary's printed name THE STATE OF TEXAS } } COUNTY OF KERB } This instrument was acknowledged before me vn '~~l ~. /~ , 1~~5, by LEWIS BkZA,ZELTON, Trustee. . O ,~ o ary Publio, The State of Texas My Commission l~~Y~\`3.'i~3~ '~~ ,f s.. ~.: ~ BF~~:nc, c r~~~ e~rT n -: -~-. Notary's primed name ~~,:,;~; ,~~,;~~. sra~e :•?,I .GJJir-nM Ikxbn.YM Iir., Ir. /n,nn IAII IAMI 1 un Mrl nl l.All,hAY l ~~ SII'SI'I` ~. ~.~_~~ 1, 1{10 71 V.7/ \` , ~ n 160 ~ ~d ~~YA/G 17A I> Owlh A. A•YN f0 I. WIL Alp.(4W 8' cYMYtr LO kol„ IlI/ tlalll J (INI WQ 1 ~C 1 .__ ...._ ._x~ap}X7ear!_... ~ --- _.~ -- - - 1, 1 uss A1... ~ 1dN L i iWwlYn 4Mlr IOINM L WaeI.W ~ i ; I minww. un I nM~Na K. g - ---._._._._.--- ~;---~-j 1 ~ I I I I I I I I ? I I T~~S, Oq _~is7st+~aas~__roro.T.r« ___I Ill` / I I 'I I Ic~ I p I y I SNIdIeWOOd Oevelopmcrtl Co., lc I I Alr. tlavld M. Qlmminp, Jr., ICI rcncrat!'anncr 111 r~u,°i ~~rv n ao:a i ~, I'~ I ICI 1'cl 2107 ZS] 17T9 I I 1XM!!Nf 71f.S k nS.tlN;. I I NYI %IIINIY NARIN AI. I KILNNIII I', IIIAA IAIIlA 711. AnA'n, Irnn I ( I rt[ 1111 AM. Ii M11 I\ I COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND FIVE COP i ES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: ~ I S e ~a, ~ l ~ OFFICE: Coc,~ w~, ~'~'" MEETING DATE: ~c~-olza.~._ Z3, i~~s TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) ~~ ~~~ ~ ~ C4" ~ 1 ul~l,,,c~(? /t.GGli~v-Lo Sit EXECUTIVE SESSION REDUESTED: YES = NO PLEASE STATE REASON FOR EXECUTIVE SESSION a~ -~~~-~^ ~ ~-~ ESTIMATED LENGTH OF PRESENTATION: ~n 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 1n 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 THIS REQUEST RECEIVED BY: THIS REGIUEST RECEIVED ON : ~ 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. See Agenda Request Guidelines. ~~ / -~ .f .._ -a i p4 e~i ~~ of OFFICE OF THE COUNTY ATTORNEY KERB COUNTY, TEXAS CouN~rr Covlrlxouse, Surre B20 700 EAST MAIN S'CRSHf Kewtvlt.IB, 7~cAS 78028-5324 T~I.~IIONB (210) 896.5338 FAX (210) 896-0504 DAVID M. MO'ILCY, oouNn Arrrnr~r Gary E. Kersey 222 Sidney Baker South Suite 527 Kerrville, Texas 78028 C~~~p October 6, 1995 ItsBD•BAl1,sV,AmarwroouxrrA„a.~sr HAROLD 1. DANIaRD, Auvr~xl' oouxrr A~rlvrrt®r Re: Revision of Contract Draft: Acquisition of Land for Extension of Thompson Drive (Spur 98) Dear Gary: Please see the enclosed revised draft of the referenced contract. I have made changes where appropriate to reflect the ownership interests which you explained in your most recent letter. Judge Denson is prepared to recommend to the Commissioners' Court that they approve the contract with the amendments as indicated on the enclosed draft. His approval is contingent upon the County also receiving copies of the Articles of Incorporation for Dominion Land & Cattle Co. and the Trust instrument setting up the Trust for which Lewis Brazelton is the Trustee. I have enclosed an original for signing by your client and Mr. Brazelton, if you are in agreement with the contract as amended. If you can get the contract executed by them and returned to me before October 19, 1995, I will then place the contract on the Rerr County Commissioners' Court agenda for its October 23, 1995 meeting. Please give me a call if you have any questions. Best egards, Ilse D. Bailey Assistant County Attorney Enclosures xc: Robert A. Denson -- Kerr County Judge ORDER NO. 22978 APPROVAL OF CONTRACT WITH DC~IIIII~1 LAND AND CATTLE CON~ANY AND LEWIS BRAZEGTON FOR ACQUISITION OF LAND FOR THE ~TFIVSION OF THOP'~SON DRIVE October 23, 1995 Vol U, Page 192