SADDLE/COMOA.SAD/031596 ORDER NO. 23217 AUTHORIZATION REGARDING OFFERS TO PURCHASE LAND FOR THOMPSON DRIVE/SPUR 98/HIGH WATER BRIDGE On this the ~ day of March, 1996, upon motion made by Commissioner ~~ /Il N , seconded by Commissioner ~' the Court LI~y,U%/l/O!/S~ ~/ approved by a vote of ~- O - O , the followin 1. The Kerr County Judge is authorized to execute the following described Earnest Money Contracts and present them as purchase offers to the property owners therein named as Sellers: a. Earnest Money Contract for purchase of 0.86 acres from DONALD D. WILSON for a purchase price of S 3, IS4 , o0 b. ,Earnest Money. Contract for purchase of 3.12 acres from KENNETH W. WINFIELD and wife, BOBBIE ANN WINFIELD for a purchase price of $~ DSS~, DD c. Earnest Money Contract for purchase of 1.41 acres from HIRLEY ANN JAMES for a purchase price of $ ~i `t~~ 7~ 0'9 d. Earnest Money Contract from LORETTA REES for $ /7, ~G 3. v~D for purchase of 0.65 acres a purchase price of 2. The Kerr County Treasurer or other proper official or employee is authorized to execute and deliver to the Kerr County Judge or his designee, four (4) checks in the amount of $100.00 each, made payable to Kerr County Abstract & Title Company as earnest money for the contracts. 3. Thomas Pollard, Attorney at Law, is hereby retained and employed for the purpose of representing Kerr County regarding the Earnest Money Contracts. 4. The Kerr County Judge or attorney representing Kerr County is authorized to present the Earnest Money Contracts with Earnest Money Checks attached to the property owners (Sellers) therein named. The property owners (Sellers) are to be notified that Kerr County intends to proceed immediately with acquisition of fee simple title to the property by eminent domain if Kerr County and the property owners (Sellers) are unable to agree on a purchase price 1 SADDLE/COMOA.SAD/031596 (damages) within ten (10) days (inclusive of date of delivery) from the date of delivery of the Earnest Money Contracts to the property owners (Sellers). 5. A copy of the appraisal report received by Kerr County for a particular tract shall be submitted to the property owner (Seller) of that tract with the Earnest Money Contract for that tract. 6. With regard to each Earnest Money Contract which is accepted and executed by a property owner, the following shall apply: a. The Kerr County Judge or attorney representing the County is authorized to deposit the Earnest Money Contract and earnest money with Kerr County Abstract & Title Company. b. The Kerr County Judge is authorized to make any and all decisions contemplated to be made by Kerr County as Buyer under the terms and conditions of the Earnest Money Contract. c. The Kerr County Judge, attorney representing Kerr County, all elected Kerr County officials and employees, acting at the direction of the Kerr County Judge, are fully authorized to carry out and consummate any and all actions the Kerr County Judge may deem necessary and proper to carry out the intent and purpose of this Order. This order was adopted on Z~ , 1996. RO RT A. N Ker County Judge 2 COLINAS/SDEMCS-1.1E/020796 c,,.-_,- --- ~. _ ~;+ 1Vi ~:: 3 i~ ¢d ' ~, ~~ ~~ EARNEST MONEY CONTRACT PARTIES: CBARLES J. FRITTS and wife, BETTY FRITTS (Seller) agrees to sell and convey to KERB COUNTY (Buyer) and Buyer agrees to buy from Seller the property described below. PROPERTY: 0.73 acres, shown on attached Exhibit A. CONTRACT SALES PRICE: Cash payable at closing Sales Price $ 1,825.00 $ 1,825.00 FINANCING: This is an all cash sale; no financing is involved. EARNEST MONEY: $100.00 is herewith tendered by Buyer and is to be deposited as Earnest Money with Kerr County Abstract & Title Company, at 303 Earl Garrett, Kerrville, Texas, as Escrow Agent, upon execution of the contract by both parties. TITLE: Buyer, at Buyer's expense shall have the right to obtain a commitment for title insurance and legible copies of all documents evidencing exceptions in the commitment. This contract is contingent upon Buyer's review and approval of all such exceptions. Buyer shall have the right to purchase an owner's title policy at Buyer's expense. PROPERTY CONDITION: Buyer accepts the Property in its present condition. PROBATIONS: Taxes shall be prorated through the Closing Date. TITLE APPROVAL: If a Title Policy is purchased by Buyer, the Title Policy shall guarantee Buyer's title to be good and indefeasible subject only to title exceptions approved by Buyer. CLOSING: The property to be acquired under this contract is one of five (5) tracts to be acquired by Buyer as a part of acquisition of right-of-way for the Thompson Drive/Spur 98/highwater bridge extension contemplated by the Texas Department of Transportation. It is anticipated that one or more of the tracts will be acquired by use of Buyer's power of eminent domain. Accordingly, this contract will close within thirty (30) days from the date of acquisition of the other four (4) tracts to 1 COLINAS/SDEMC8-1.1E/020796 be acquired by Buyer, whether acquisition occurs by purchase or by power of eminent domain. In the event of a title defect with regard to any of the five (5) tracts, Buyer shall have the right to extend this contract for the purpose of curing such defect, and closing shall thereafter occur within seven (7) days after such defects have been cured. If Buyer determines that such objections cannot be cured, Buyer shall have the right to cancel this contract. The four (4) additional tracts are identified in the SPECIAL PROVISIONS section of this contract. POSSESSION: The possession of the Property shall be delivered to Buyer on closing. The four (4) additional tracts are identified in the SPECIAL PROVISIONS section of this contract. SPECIAL PROVISIONS: The four (4) additional tracts to be acquired by Buyer are as follows: 1. 3.12 acres as shown on Exhibit B, said Exhibit B hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim. 2. 1.70 acres as shown on Exhibit C, said Exhibit C hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim. 3. 0.37 acres as shown on Exhibit D, said Exhibit D hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim. 4. 0.86 acres as shown on Exhibit E, said Exhibit E hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim. SALES EXPENSES TO BE PAID IN CASB AT OR PRIOR TO CLOSING: Seller's Expenses: Prepayment penalties on any existing loans paid at closing, plus cost of releasing such loans and recording releases, tax statements, 1/2 of any escrow fee, prorated ad valorem taxes, Seller's attorney's fees; and other expenses stipulated to be paid by Seller under other provisions of this contract. Buyer's Expenses: Survey, recording fees, copies of restrictions and easements, owner's title policy, if requested by Buyer, preparation of deed, 1/2 of any escrow fee, prorated ad valorem taxes, Buyer's attorney's fees; and other expenses stipulated to be paid by Buyer under other provisions of the contract. 2 COLINAS/SDEMCB-1.1E/020796 Seller shall furnish tax statements showing no delinquent taxes, and shall execute a General Warranty Deed provided by Buyer conveying title subject only to exceptions approved by Buyer. DEFAULT: If Buyer fails to comply herewith, Seller may terminate this contract and receive the Earnest Money as liquidated damages. If Seller fails to comply herewith, Buyer may seek such other relief as may be provided by law or terminate this contract and receive the Earnest Money, thereby releasing Seller from this contract. ATTORNEY'S FEES: Any signatory to this contract who is the prevailing party in any legal proceeding brought under or with relation to this contract or transaction shall be additionally entitled to recover court costs and reasonable attorney fees from the non-prevailing party. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent (a) is not a party to this contract and does not assume or have any liability for performance or non-performance of any signatory (b) has the right to require from all signatories a written release of liability of the Escrow Agent which authorizes the disbursement of the Earnest Money (c) is not liable for interest or other charge on the funds held and (d) is not liable for any losses of escrow funds caused by the failure of any banking institution in which such funds have been deposited, unless such banking institution is acting as Escrow Agent. At closing, the Earnest Money shall be applied first to any cash down payment required, then to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this contract shall be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money, and Escrow Agent will pay the same to the creditors entitled thereto. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no unrecorded liens, assessments or Uniform Commercial Code Security Interests against any of the Property which will not be satisfied out of the Sales Price. If any representation in this contract is untrue on the Closing Date, this contract may be terminated by Buyer and the Earnest Money shall be refunded to Buyer. All representations contained in this contract shall survive closing. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. NOTICES: All notices shall be in writing and effective when 3 COLINAS/SDEMC8-1.1E/020796 CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract. READ IT CAREFULLY. Federal law may impose certain duties upon signatories to this contract when any of the signatories is a foreign party, or when any of the signatories receives certain amounts of U.S. currency in connection with a real estate closing. If you do not understand the effect of any part of this contract, consult your attorney BEFORE signing. SELLER' S ATTORNEY ~'//--~^,,,, ~. ^,, D///~ EXECUTED by Buyer on `-f~ ~~ ~ , 19~. KERB COUNTY, a political subdivision of the State of Texas, BUYER By: R BERT A. D ON, County Judge EXECUTED by Seller on ~ , 19 ~ ~ Seller Seller ~ . ~CX riu~~rr ~koa~ Seller'sSeller's Addr ~ID_o~3$-~f9'7cl Phone Number 4 COLINAS/SDEMC$-1.1E/02C79o EARNEST MONEY RECEIPT Receipt of form of Earnest Money is acknowledged in the Escrow Agent: By: Date: , 19_ LEGEND: ' S IS -set iron stake F IP -found iron pipe Pl -property line FC -fence corner FL -fence line (wire) CL -chain link t~ 52.56 acres Knapp I I 72.5 acres to John & Sue I Dwight R. Knapp Waggoman, Jr. I I to William & Josephine Sept. 5, 1974 I d Dougherty 175/725 I I ~ 3rd Sept., 1969 (this side) w I ^5 S~.E.1 G,IZ\S 140/197 (this side) (..}deed mformaUOn S ?/? - Vdume/page J~? /S i ' ~~ 3 ~ ~ n ~~' ~,~A~ ~3 O; V C ~; a w .~ M' Betty Fritts.~/' °.44°40'W ' 163.5 385 acres I Linda Knapp Snyder to Betty Fritts I 25th June, 1980 2361540 I (this side)--_--__~ ~' n n N W in M Vf a vi fence I F f,2 fence ~ I I 79.55 acres ~ John R_ b Hannelore Banister ~ to Robert R. Woodward w 28th February, 7977 194/791 I Robert R. Woodward c ; I (this side) ~A I N Kenneth W. & Bobbi ( x o I 30 acres Ann Winfield I °' y ~ H. W. Atkins ~ a to Cd. Gewge W. Hansen~ (this side) d ~ a p 21st March, 1952 8.75 acres I a` F I (this/s"de) Ewight R. Knapp to Kenneth W. & I Bobbie Ann Winfield ~~ Survey No. 141 3rd. Sept., 197a - I i Joseph S. Anderson 175/39 _ -fence Abstract No. 2 ----- - --------------- I ~ Survey No. 142 I ~ J. S. Sydnor I Abstract No. 290 246.2 acre tract ' I ' Alice Bank of Texas to Donald D. Wilson ' I I tract to t 3th August, 1993 Shirley Ann James 707/376 ( Substitute Trustee's Deed ' I 5th February, 1987 d 414/178 DOMIIVGUES & ASSOC. ~ I ' (this side) 609 SIDNEY BAKER ST. ' I I 0 200 400 KERRVILLE, TEXAS 78028 I _ TEL 210 896 6900 PAGE ~ OFI~ FAX 210 896 6901 /~~Nll~ GRAPHIC SCALE PAGES OF EXHIBIT°,~° /~kF 9r ~~ DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDIVISION DESIGN SPECIALISTS Re: description of 0.73 acre, Betty Fritts, Kerr County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, comprising 0.73 acre, more or less, out of original Survey No. 141, Joseph S. Anderson, Abstract No. 2, being out of the northeast end of that 38.5 acre tract which was conveyed from Linda Knapp, to Betty Fritts, by deed dated the 25th day of June, 1980, of record in Volume 236, page 540, of the Deed Records of Kerr County, Texas, and subject tract being more particularly described by metes and bounds, as follows, to wit: BEGINNING at the most northerly east comer of said 38.5 acre Fritts tract, the north comer of that 8.75 acre tract which was conveyed from Dwight R. Knapp, to Kenneth W. Winfield and wife, Bobbie Ann Winfield, by deed dated the 3rd day of September, 1974, of record in Volume 175, page 39, of the Deed Records of Kerr County, Texas, the west comer of that 30 acre tract which was conveyed from H. W. Atkins, to Col. George W. Hanson, by deed dated the 21st day of March, 1952, of record in Volume 92, page 419, of the Deed Records of Kerr County, Texas, the west comer of that 19.55 acre tract which was conveyed from John R. Banister, to Robert R. Woodward, by deed dated the 28th day of February, 1977, of record in Volume 194, page 791, of the Deed Records of.. Kerr County, Texas, the south corner of that 12.5 acre tract which__was conveyed from Dwight R. Knapp, to William Dougherty, by deed dated the 3rd day of September, 1969, of record in Volume 140, page 197, of the Deed Records of Ken County, Texas, being in Knapp Road, and located a distance of 12.0 feet a direction of N.45°OS'W. from a 1/2" iron stake at a chain link fence corner post found marking the south comer of a 12 foot widening of Knapp Road, out of the northwest side of said Robert R. Woodward tract; THENCE with a southeast line of said 38.5 acre Fritts tract, a northwest line of said 8.75 acre Winfield tract, a direction of S.44°40'W. for a distance of 163.5 feet (deed S.44°50'W. 163.6) to a fence comer post, a re-entrant corner of said 38.5 acre Fritts tract, the south corner of subject tract; PAGE.2- OFJ' ~.GGES OF EXHIBIT"" iNlTi B~~ 9r Page 2 of 2 -description of 0.73 acre, Betty Fritts THENCE with division line of said 38.5 acre Fritts tract, the southwest right of way line of proposed extension of Thompson Drive, a direction of N.14°19'W. for a distance of 74.9 feet to an angle, having State coordinates of northing 809886.1981 feet, Basting = 1943163.8679 feet, continuing a direction of N.45°17'W. for a distance of 161.4 feet to a 112" iron stake set marking its intersection with the northwest line of said 38.5 acre Fritts tract, the southeast line of that 52.56 acre tract which was conveyed from Dwight R. Knapp, to John Waggoman and wife, Sue Waggoman, by deed dated the 5th day of September, 1974, of record in Volume 175, page 125, of the Deed Records of Kerr County, Texas, subsequently conveyed to Lewis E. Brazelton, by deed dated the 22nd day of December, 1994, of record in Volume 784, page 23, of the Real Property Records of Kerr County, Texas; THENCE with the northwest line of said 38.5 acre Fritts tract, the southeast line of said 52.56 acre Brazelton tract, a direction of N.25°51'E., crossing community road, for a distance of 130.6 feet to a 1/2" iron stake at a fence comer post, found marking the north comer of said 38.5 acre Fritts tract, the east comer of said 52.56 acre Brazelton tract, being in the southwest line of said 12.5 acre Dougherty tract; THENCE with a northeast line of said 38.5 acre Fritts tract, the southwest line of said 12.5 acre Dougherty tract, on the northeast side of said community road, a direction of S.45°35'E., crossing community road, for a distance of 267.7 feet to the place of beginning. ""' Surveyed on the ground this date and field notes prepared by, Charles B. Damin ues, Registered Professional Land Surveyor No. 1713. ~i les B. omingue August, 1995 Registered Professional Land Surveyor No. 1713 Only those prints containing the raised seal should be considered official and relied upon by the user. Domingues & Assoc. 3 tiN, 609 Sidney Baker, Kemille, TX. 78028 ~~'Gi:"~-OF--- $/iFr'~ Tel. 210! 896 6900 -Fax 2101896 6901 AGES OF EXHIBIT' A " G . LEGEND: S IS -set iron'stake F IP -found iron pipe PL -property line 52.56 acres Knapp I i FC -fence corner to John b Sue FL -fence line (wire) Waggoman, Jr. CL -chain link Sept- s, 1974 I ~ (??)- deed information 175/125 b ?/? - Vdume/page (this side) I ~ ~ ~ ~ IQ ~ ~ ice/ ~~ u c• y i w~ w i ~ i ~ i / / DOMINGUES & ASSOC. 609 SIDNEY BAKER S1'. KERRV[LLE, TE~CAS 78028 TLZ.. 210 896 6900 FAX 210 896 6901 i ' ~ fence --• --- - - - - - - -- Betty Fritts „ 1s3.s -•---------.._ ~~-°-ad------- (this side) d fence 38.5 acres Linda Knapp Snyder to Betty Fritts 25th June, 1980 236/540 ,~ (this side) I /) ,6' S Kenneth W. & Bobbie Ann o Winfield 8.75 acres w Ewight R. Knapp to Kenneth W. & Bobbie ~ Ann Winfield vii 3 d S t 1974 175/39 r v ~, V Q N d M ~ c w o ~ oQ c ~~ X Q d ~ ~, d p ,~~+ a F ep ., - \ (this side) - - \ - - - .45°03'~ fence \I 122.0 I I 246.2 acre t ct I ~ Alice Bank of Texas ' ~ to Donald D. Wilson ~ 13th August, 1993 ' 707/376 ' ~. -------------- -d Rees _-- ~ ~ 10 acre / 1 ~ (this side) PAGE /10i(~ ' PAGES OF EXH1B 19.55 acres John R- b Hannelore Banister to Robert R. Woodward 28th February, 1977 (this side) 30 acres H. W. Atkins to Cd. George W. Hansen 21st March, 1952 92/419 (this side) Survey No. 141 Joseph S. Anderson Abstract No. 2 Survey No. 142 J° S. Sydnor Abstract No. 290 tract to Shirley Ann James Substitute Trustee's Deed 5th February, 1987 414/[78 (this side) ~~_ 200 400 1N/r GRAPHIC SCALE L'cGEND - . S t$~.eer':'ron stake F IP -found 'iron pipe PL -property line FC -fence corner d FL -fence line (wire) \ CL -chain link \ (??} deed information ?/? -Volume/page ~ `o v Kenneth W. & Bobbie ~ Ann Winfield ~ ~ Ca e t~ (this side) x ~ u y ~a 8.75 acres ~ ~ ~ Ewight R Knapp $ o to Kenneth W. & Bobbie I ~ F Ann Winfield 3rd. Sept., 1974 175139 (this side) ~c ----- ~ 246.2 acre tract ' o Alice Bank of Texas W to Donald D. Wilson ' N 13th August, 1993 ~ 7071376 ' vi DOMING UES & ASSOC. 609 SIDNbY BAKER ST. KERRVILLE, TFJ(AS 78028 TEL 210 896 6900 FAX 210 896 6901 Robert R. Woodward (this side) ~~ ~$ ~y° Survey No. 141 i , S' Joseph S. Anderson tisi. Survey No. 142 ~ae8~ J. S. Sydnor Abstract No. 290 (this side) \ ------- -------i o M ri .--1 10.0 acre tract to Artie Richard James 2201534 Rees 10 acre (this side) to T ~D N I ~ u ~ t d~ d~ $o ~a beginning comer south caner of 32.7 acre tract ' ~ Ems,,, most southerly west comer 5.98 acre tract located 0.7feet S58°00'W from a coot ROW marker, State coordinates N= 808634.3162 feet, N.44°5 and E = 1944593.9269 feet. I....~. 6----------~------- I > Q Dr. Don Wilson j ` o (this side) I ~ p~ I o PAGE / OF~ ~t~11T~ I/F 9r'VJL~ 'AGES OF EXHIBIT' C " z ~~~ tract to Shirley Ann James Substitute Trustee's Deed 5th February, 1987 4141178 - ~- ~~s- / (Ch15 5kfe) ~~~~ ~~~ i)P. l~Gie srRCe'l~ -~a~+2e9-- s89. ~'~ ~ - - - - - - - - rames Road' ~ - - - - ' 5.98 acre tract ~ Ellen Ora Rees James to UGRA I I 2121558 I 0 200 ~ 400 ~ I GRAPHIC SCALE i L GE END: S IS -set iro~i stake ' I DOMINGUES & ASSOC. F IP -found iron pipe I 609 SIDNEY BAKER ST. PL -property line ' I ~~~~ ~~ ?8028 FC -fence corner d TEL 210 8% 6900 FL -fence line (wire) \ I FAX 210 8% 690t CL -chain link \ I (??} deed irtfarmation ~ I Kenneth W. & Bobbie `o .4 I Robert R Woodward Ann Winfield I v ~ I (thissde) Y ~ I (this side) I a H ~ s~ I °' aF I I -------------- ----- a> - r ; ~ i Survey No. 142 / ~ A I ~ J. S. Sydnor 246.2 acre tract ~ x of ' Abstract No. 290 Alice Bank of Texas e to Donald D. Wilson ~ ~ ' tract to 13th August, 1993 ~ t e ~ ' Shirley Ann James 7071376, \~~~ ` act. Substitute Trustee's Deed ~',,~ 5th February, 1987 ~ 4141178 ~- _ ~ s.aa°ssw. sa.s .~_ --------------- ~ o+ N O Pf 037 Acre d 10.0 acre tract ~--;' to Arlie Richard James / z2ois34 Rees I ~ I (this side) LLi ` i~ ~ beginnin~ corner south corner of 327 ace trail c N most so herly west corner 5.98 aca tract '++ " bceted 0~7teet S58°00'YI/ from a cone ROW marker, Mate coordinates N= 808834.3182 feet, and E =144593.9269 fcet J / ~~ Dr. Don Wilco-n PAGE ! OFD (this side) PAGES OF EXHIBIT"D " ~ ~ ~ Shiny James I (this side) ~ 0 ' v ' 32.7 acre tract to z Shirley James Hilburn ~ 2471209 ..--~• > -•---•-•--- 8 •-----JamesTiroad"--- -••--- q • - / ~ -------- -- 598 acre tract J ~ Ellea Ora Rees James o ~ to UGRA m a l 212!558 o o 20o aoo I I F GRAPtI1C SCALE LEGENC: I S 15 -set iron. stake 1 I DOMINGUES & ASSOC. F IP - found iron pipe ' 609 SIDNEY BAKER ST. PL -property Tine f I KERRVILLE, TF~CAS 78028 ence corner FC - ~ I TEL. 210 896 6900 FL -fence line (wire) FAX 210 896 6901 CL -chain link (??)- deed information ?/? - Vdume/page ~ o ~ & Bobbie Kenneth W o '~ Robert R. Woodward . Ann Winfield I ~ ~+ e O I (this side) (this side) I ~ y 8.75 acres I g s; Ewight R. Knapp I c O er I Beginning at old fence corner, to Kenneth W. & Bobbie a` E' ., most northerly corner of Don Wilson tract, Ann Winfield I west c r of Shirley Ann James, 3rd.175 1~4 Survey No. 141 139 I i Joseph S. Anderson (this side) ~ - I 113.2 N.45°17'W. ss.6 ' 0 ' ern V m' ~' Q Q ~ Survey No. 142 J• S. Sydnor Abstract No. 290 ~. D. 246.2 acre tract Alice Bank of Texas to Donald D. Wilson 13th August, 1993 7071376 - tract to "' °~ W , Shirley Ann James v"'+, ~ N Substitute Trustee's Deed 5.94°55.w Q ~ nth February, 1987 s 4.5 ~; ~ 4141178 i 1V 1~ Shiny James ~ ' (this side) I f ~ ... i ~p~ Ids` I d H 32.7 acre tract to I °„ t''I Shirley James Hilburn I o ~' 2471209 I I G 10.0 acre tract to Arlie Richard James 2201534 Rees 10 acre (this side) Dr. Don Wi] (this side) PAGE~OF ~ PAGES OF EXH161T' F ' I > ... L OlQ )n ;~ O ~~ ~NITi,~ ~ C~F James Road J ~ 7 ( 0 200 490 I ~ GRAPHIC SCALE i AMEMC.SAD/03209 a' AMENDMENT TO EARNEST MONEY CONTRACT WHEREAS, CHARLES J. FRITTS and wife, BETTY FRITTS ("SELLERS") and KERB COUNTY ("BUYER") have entered into one Earnest Money Contract for the purchase of 0.73 acres located in Kerr County, Texas; and WHEREAS, the parties wish to amend and modify said Earnest Money Contract. NOW, THEREFORE, for and in consideration of the mutual terms found in the Earnest Money Contract referenced above and the terms and conditions found in this AMENDMENT TO EARNEST MONEY CONTRACT, the parties hereby agree that the above referenced Earnest Money Contract is modified as follows: 1. The language "1.70 acres as shown on Exhibit C, said Exhibit C hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim", as found on page 2 of the Earnest Money Contract, is hereby deleted and is replaced with the following: "1.41 acres as shown on Exhibit A to this AMENDMENT TO EARNEST MONEY CONTRACT, said Exhibit A hereby incorporated herein by reference for all intents and purposes as if copied herein verbati.m." 2. The language "0.37 acres as shown on Exhibit D, said Exhibit D hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim", as found on page 2 of the Earnest Money Contract, is hereby deleted and is replaced with the following: "0.65 acres as shown on Exhibit B to this AMENDMENT TO EARNEST MONEY CONTRACT, said Exhibit A hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim." All other provisions of the Earnest Money Contract which are not amended or modified by this AMENDMENT TO EARNEST MONEY CONTRACT shall remain in full force and effect. Executed by BUYER on 2~~ , 1996. _~`~~ KERR COUNTY a olitical P subdivision of the State of Texas, BUYER 1 AMEMC.SAD/032096 Executed by SELLER on BY : ~---~ RO RT A. N 1, Cou ty Judge 1996. BETTY K. FRITTS CBARLES J. FRITTS RECEIPT FOR AMENDMENT TO EARNEST MONEY CONTRACT Receipt of this AMENDMENT TO EARNEST MONEY CONTRACT is acknowledged. Escrow Agent• By: Date: 1996. 2 LEGEND: ' DOMINGUES & ASSOC. S IS -set iron stake I 609 SIDNEY BAKER ST. F IP -found iron pipe ' KERRVILLE, TEXAS 78028 PL -property line I TEL. 210 896 6900 FC -fence corner ~ I FAX 210 896 6901 FL -fence line (wire) CL -chain link \ (??)- deed information ?h - Vdume/page ~ o > I Kenneth W. & Bobbie co •~ I Robert R. Woodward Ann Winfield I ~~ Ga I_______-~ (this side) (this side) ~ ~ I x O .\ ~ y 8.75 acres ~~. I ~ Ewight R. Knapp ~~ I c ~ to Kenneth W. & Bobbie ~ ~$ Ann Winfield I y1• 3rd. Sept., 1974 ~ I A~~n' Survey No. 141 175/39 t S. (this side) ~ Joseph S. Anderson ----_-------_ ~~ _-_-- - ~s~, Survey No. 142 o ~~s~~i J• S. Sydnor 246.2 acre tract ' ~ Abstract No. 290 Alice Bank of Texas '~' to Donald D. Wilson 1 N 13th August, 1993 ' ~ tract to 707/376 N Shirley Ann James (rnis side) ~-~-- ~ Substitute Trustee's Deed Q 5th February, 1987 --------'I -------rt- ~ 414/178 N.4t°55'E 13.17 ~~ ~''! 10.28 acre tract ~ ~ Shirly James to Daniel Dryden Rees and wife Loretta Rees ~ ~ -~, (rnis side) 314/745 I N Rees ~ "' o i 10.28 acre ~- -~ ~ 32.7 acre tract to (this side) !~ Shirley James Hilburn I " 247/209 N beginning corner south corner of James trail, v s most northerly east corner of 10.28 acre trail, I ti ~9° located 0.7teet S68°00'W from a conc ROW ~~' 'r0. marker. State coordinates H= 808634.3162 feet, -~ I N.~°u, s J' ~ andE=1941593.9289 feet. ----------- `...--- °- - - - - - - - - - - - - - - - - - - --•---.183-•-----..-..-----------.•-.- v James Road ~ _ _ ~ ~ •8---------- I ~~ ~ 5.98 acre tract ~ Ellen Ora Rees James Dr. Don Wilson \~~ ~ ~ Q ~ to UGRA PRGELGF 3 (rnis side) ~\ ~ x H 212/558 ,N1%~; •.~~ ~I ~ ~ ~ o zoo aoo PAGES OF EXHIBIT'," ? -f~ f/~ ~ ~ ~ - i c'~„ ~ GRAPHIC SCALE DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDIVISION DESIGN SPECIALISTS Re: description of 1.41 acres, Shirley Ann James, Kerr County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr; State of Texas; comprising 1.41 acres, more or less; out of original Survey No. 142, J. S. Sydnor, Abstract No. 290, being out of the southwest end of that tract which was conveyed to Shirley Ann James, by Substitute Trustee's Deed dated the 5th day of February, 1987, of record in Volume 414, page 178, of the Real Property Records of Kerr County, Texas, which is part of that 32.7 acre tract which was conveyed to Shirley James Hilburn, by Partition Deed dated the 13th day of March, 1981, of record in Volume 247, page 209, of the Deed Records of Kerr County, Texas, and subject tract being more particularly described by metes and bounds, as follows, to wit: BEGINNING at the south corner of said Shirley Ann James tract, being the east corner of that 0.28 acre save and except tract described in said conveyance to Shirley Ann James, of record in Volume 414, page 178, being the most northerly east corner of that 10.28 acre tract which was conveyed from Blue Hills Joint Venture, to Daniel Dryden Rees, and wife, Loretta Rees, by deed dated the 12th day of March, 1985, of record in Volume 314, page 745, of the Real Property Records of Kerr County, Texas, said corner located a distance of 31.6 feet, a direction of N.44°55'E. from the south corner of said 0.28 acre tract, a re- entrant corner of said 10.28 acre tract, the most southerly west corner of [hat 5.98 acre tract which was conveyed from Ellen Ora Rees James, et. al., to Upper Guadalupe River Authority, by deed dated the 14th day of August, 1978, of record in Volume 212, at page 558, of the Deed Records of Kerr County, Texas, being at the end of Thompson Drive, which is located a distance of 0.70 feet, a direction of S.58°00'W. from a concrete right of way marker, having State coordinates of northerly =808634.3162 feet, and easterly = 1944593.9269 feet, and is also located a distance of 20.0 feet, a direction of N.45°28'W. from a 1;2" iron stake at a fence corner found marking [he most southerly east corner of said 10.28 acre tract, the south corner of said 5.98 acre tract, the West corner of that tract which was conveyed from Dell Bryan, to James H. Johnson, by deed dated the 20th day of December, 1965, of record in Volume 122, at page 602, of the Deed Records of Kerr County, Texas, being a north corner of that 246.2 acre tract which was conveyed from Alice Bank of Texas, to Donald D. Wilson, by deed dated the 13th day of August, 1993, of record in Volume 707, page 376, of the Real Property Records of Kerr County, Texas; C_/ \ti r:. THENCE with the southeast line of said Shirley Ann James tract, the northwest line of said 5.98 acre tract, the southeast line of subject tract,p~~re~tiOFt ~f N.44°55'E. for a distance of 1ffi.7 feet to the east corner of subject tract; SAGES OF EXtI1B17"~ " Page 2 of 2 -description of 1.41 acres, Shirley Ann James THENCE with division line of said Shirley Ann James tract, the northeast right of way line of proposed extension of Thompson Drive, a direction of S.89°50'W. for a distance of 135.3 feet to an angle, having State coordinates of northing = 808785.9985 feet, easting = 1944609.9995 feet, continuing a direction of N.52°26'W. for a distance of 829.3 feet to an angle, having State coordinates of northing = 809291.7181 feet, easting = 1943952.6887 feet, and continuing a direction of N.61°18'W. for a distance of 38.6 feet, to the northwest line of said Shirley Ann James tract, being the east corner of that 8.75 acre tract which was conveyed from Dwight R. Knapp, to Kenneth W. Winfield and wife, Bobbie Ann Winfield, by deed dated the 3rd day of September, 1974, of record in Volume 175, page 39, of the Deed Records of Kerr County, Texas, being in the northwest line of said Survey~No. 142, J. S. Sydnor, a southeast line of Survey No. 141, Joseph S. Anderson; THENCE with the northwest line of said Shirley Ann James tract, the southeast line of said 8.75 acre tract, along the northwest line of said Survey No. 142, J. S. Sydnor, a southeast line of said Survey No. 141, Joseph S. Anderson, a direction of S.45°03'W. for a distance of 8.8 feet to an old fence corner post, the west corner of said Shirley Ann James tract, the most northerly corner of said 246.2 acre tract, being the north corner of that tract which was conveyed from Ellen Ora Rees James, et. al. to Arlie Richard James, by deed dated the 9th day of March, 1978, of record in Volume 208, at page 306, of the Deed Records of Kerr County, Texas, for the west corner of subject tract, and being located approximately 1561 feet S.45°W., from the north or upper river corner of said Survey No. 142, J. S. Snyder THENCE with the southwest line of said Shirley Ann James tract, a northeast line of said 246.2 acre tract, a direction of S.45°26'E. for a distance of 404.8 feet, to a 1/2" iron stake marking an east corner of said 246.2 acre tract, the north corner of that 10.0 acre tract which was conveyed to Arlie Richard James by deed dated the 24th day of April, 1979, of record in Volume 220, page 534, of the Deed Records of Kerr County, Texas, the west corner of said 0.28 acre tract, being in the northwest line of said 10.28 acre tract; THENCE with the northwest line of said 0.28 acre tract, the northwest line of said 10.28 acre tract, a direction of N.44°55'E., for a distance of 13.17 feet to the north corner of said 0.28 acre tract, the north corner of said 10.28 acre tract; THENCE with the northeast line of said 0.28 acre tract, the northeast 10.28 acre tract, a direction of S.47°23'E., for a distance of 550.7 place of beginning. line of said ` t"'' feet to the ~N~T~ ~- Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 -Tel. 210/ 896 690BAQ3~ QFt~~OJ~." LEGEND: S IS'- set iron stake J F IP -found iron pipe I PL -property line FC -fence corner d FL -tense line (wire) \ CL -chain link \ (??)- deed information ?/? - Volumdpege ~ `o v Kenneth W. & Bobbie I ~ Q Ann Winfield ,`, [ D061/NGUES & ASSOC. 609 SIDNEY BAITER ST. KERRVILLE, TEXAS 78028 . TEL. 210 S96 6900 FAX 210 896 6901 Robert R. Woodward (this side) (this side) ~ « I d ~ I \ ~ ~ e N I O I O ~I I I ~ • ~ Survey No. 142 '~ A I ~ J- S. Sydnor 246.2 acre tract ' x pl ' Abstract No. 290 Alice Bank of Texas °' to Donald D. Wilson ' ~ ~ ' 13th August, 1993 ° ~._, tract to 707/376 1 o a .rr, I \ Shirley Ann James ; ' 's Deed Substitute Trustee ~ ~ , 5th February, 1987 -~ ~ s.aa°ss'w. n.~ fi ~ 4141178 _ ~ Shirly James I N ~ r ' (this side) I 10.28 acre tract 0.65 Acre I to Daniel Dryden Rees < ~ and wife Loretta Rees ~ ~' 3 M I 314/745 Rees a I z (this side) I "' ~~ I beginnm corner south corner of 0.28 acre trail o ~ most herly west corner 5.98 acre trail ~^ N N E located 0471eet S58°00'W from a coot ROW rn 31060 marker, Mate coordinates N= 808634.3162 feet, andE=1~44593.9269feet. - - -----~`----------- - - - - ~ - - - - - -._~ ..................Jame-s-Aoad---- +,-•• - -' I Dr. Don Wilson P4GE ~ Or 3 I (this side) ~\I SAGES OF EXHIBIT" ~ ~~ iN~,~i I ~~It" I I > .8------------- A / ~ 5.98 acre tract ' ~ ~ p/ Ellen Ora Rees James 'y O to UGRA o p~ i 212/558 o zoo 4ao ~ I ~~ F. ~ GRAPHIC SCALE DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDIVISION DESIGN SPECIALISTS Re: description of 0.65 acres, Rees, Kerr County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr; State of Texas; comprising 0.65 acre, more or less; out of original Survey No. 142, J. S. Sydnor, Abstract No. 290, being out of the northeast end of that 10.28 acre tract which was conveyed from Blue Hills Joint Venture, to Daniel Dryden Rees, and wife, Loretta Rees, by deed dated the 12th day of March, 1985, of record in Volume 314, page 745, of the Real Property Records of Kerr County, Texas, and subject tract being more particularly described by metes and bounds, as follows, to wit: BEGINNING at a re-entrant corner of said 10.28 acre tract, being the south corner of that 0.28 acre save and except tract described in conveyance to Shirley Ann James, by Substitute Trustee's Deed dated the 5th day of February, 1987, of record in Volume 414, page 178, of the Real Property Records of Kerr County, Texas, the most southerly west corner of that 5.98 acre tract which was conveyed from Ellen Ora Rees James, et. al., to Upper Guadalupe River Authority, by deed dated the 14th day of August, 1978, of record in Volume 212, at page 558, of the Deed Records of Kerr County, Texas, being at the end of Thompson Drive, and being located a distance of 0.70 feet, a direction of S.58°00'W. from the center of a concrete right of way marker, having State coordinates of northerly = 808634.3162 feet, and easterly = 1944593.9269 feet, and also being located a distance of 20.0 feet, a direction of N.45°28'W. from a 1/2" iron stake at a fence corner found marking the east corner of that 10.0 acre tract which was conveyed to Arlie Richard James by deed dated the 24th day of April, 1979, of record in Volume 220, page 534, of the Deed Records of Kerr County, Texas, the south corner of said 5.98 acre tract, the West corner of that tract which was conveyed from Dell Bryan, to James H. Johnson, by deed dated the 20th day of December, 1965, of record in Volume 122, at page 602, of the Deed Records of Kerr County, Texas, and being a north corner of that 246.2 acre tract which was conveyed from Alice Bank of Texas, to Donald D. Wilson, by deed dated the 13th day of August, 1993, of record in Volume 707, page 376, of the Real Property Records of Kerr County, Texas; THENCE with the southeast line of said 0.28 acre tract, a northwest line of said 5.98 acre tract, a southeast line of said 10.28 acre tract, a direction of N.44°55'E., for a distance of 31.6 feet to the east corner of said 0.28 acre tract, an east corner of said 10.28 acre tract; THENCE with the northeast line of said 0.28 acre tract, the northeast line of said 10.28 acre tract, a direction of N.47°23'W., for a distance of 550.7 feet to the north corner of saido-.,~_Ftr,~t, the north corner of said 10.28 acre tract; ^FS OF EXH181T' a ° r' rJ' ~ ~~ / . -Page 2 of 2 -description of 0.65 acres, Rees THENCE with the northwest line of said 0.28 acre tract, the northwest line of said 10.28 acre tract, a direction of S.44°55'W., at a distance of 13.17 feet the west corner of said 0.28 acre tract, continuing a total distance of 77.7 feet, to its intersection with the southwest right of way line of proposed extension of Thompson Drive, the west corner of subject tract; THENCE with division line of said 10.28 acre tract, the southwest right of way line of proposed extension of Thompson Drive, a direction of S.53°24'E. for a distance of 302.9 feet to an angle, having State coordinates of northing = 808793.645 feet, Basting = 1944398.731 feet, continuing a direction of S.50°37'E. for a distance of 251.9 feet to the place of beginning. l Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 2101 896 6900 -Fax ? 101 896 6901 Pr.GE 3 of ~ 'AGES OF EXHIBIT' 8° l°_% „- ..~d,f~ 9 r