SADDLE\CC2.SAD\032196 ORDER NO. 23219 ORDER APPROVING ACCEPTANCE OF LETTER OF CREDIT FOR LAND ACQUISITION COSTS REGARDING THOMPSON DRIVE/SPUR 98/HIGH WATER BRIDGE PROJECT ,-.~ a On this the ~ ~G d ~ of Larch, 1996, upon motion made by Commis~s}oner /~ , seconded by Commissioner C!'D[.E'~~˘~ the Court (f/ViP~/I/12oJSC.1/approved by a vote of - D - , the following: ~~ 1. The Commissioner's Court of Kerr County, Texas finds that it has issued orders for purchase and/or eminent domain proceedings regarding acquisition of the four (4) tracts of land described as follows: a. 0.86 acres as described on Exhibit A, said Exhibit A hereby incorporated herein for all intents and purposes as if copied herein verbatim. b. 3.12 acres as described on Exhibit B, said Exhibit B hereby incorporated herein for all intents and purposes as if copied herein verbatim. c. 1.41 acres as described on Exhibit C, said Exhibit C hereby incorporated herein for all intents and purposes as if copied herein verbatim. d. 0.65 acres as described on Exhibit D, said Exhibit D hereby incorporated herein for all intents and purposes as if copied herein verbatim. 2. Pursuant to a Contract for Acquisition of Land, a copy of which is attached hereto as Exhibit E, Dominion Land and Cattle Co., Inc. has assigned all of its rights, duties, and obligations under the contract to Saddlewood Partners I, Ltd. 3. A copy of the assignment by Dominion Land and Cattle Co., Inc. is attached hereto as Exhibit F, said Exhibit F hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim. 4. Pursuant to the terms and conditions of the contract, Saddlewood Partners I, Ltd. is obligated to pay or reimburse Kerr County for certain costs and expenses of acquisition of the property as stated in the contract. 5. Saddlewood Partners I, Ltd. has requested that it be SADDLE\CC2.SAD\032196 allowed to deliver order to guarantee acquisition. to Kerr County a letter of credit in payment of those costs and expenses of 6. Thomas Pollard, Attorney at Law, is hereby retained and employed to represent Kerr County in this matter. 7. The Commissioner's Court of Kerr County, Texas hereby approves acceptance of the letter of credit conditioned upon the following: a. The form and substance of the letter of credit is to be approved by Thomas Pollard and the Kerr County Judge. b. The amount of the letter of credit is to be approved by Thomas Pollard, the County Engineer, and the Kerr County Judge. 8. 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 ~ ZSrN , 1996. ~.~ ~ ~-~ RO ERT A. E ON Ke County Judge 2 LfGENO , S !s -set iron stake I I DOMINGUES & ASSOC. F FP - fourd iron pipe ' PL -property line 609 SIDNEY BAKER ST. FC -fence corner ~ i KERRVILLE, TEXAS 78028 FL -fence line (wire) TEL. 210 896 6900 CL -chain link ~ I FAX 210 896 6901 (??)- deed information ?/? - Vdume/page ~ c ~ Kenneth W. & Bobbie I c A I Robert R. Woodward Ann Winfield m (this side) (this side) I ,~`, h 8.75 acres ~ ~ ~ Ewight R. Knapp I $ O I Beginning at old fence corner, to Kenneth W. & Bobbie g ~'~-, most northerly corner of Don Wilson tract, Ann Winfield I west c r of Shirley Ann James, 3rd. Sept., 1974 I I Survey No. 141 175139 (this side) Joseph S. Anderson ------------- ---- 45°03' ---------------• N.45°17'W. 713.2 ss.e Survey No. 142 ~Q~Q D, /,(~ o ~ J. S. Sydnor ~~ Abstract No. 290 2462 acre tract~~. ~ ~ ~ tract to Alice Bank of Texas N o0 w ~ Shirley Ann James ary,1987 ~ ~ A gD ~ i~3n S 44 SS w 64 S ~ o y I Su S~htF 4141 ,1 8ee's Deed 7071376 - ~~ Shirly James I ~ I (this side) 10.0 acre tract -~--j-\ I to Arlie Richard James ' ~ ~ 2201534 Rees ~ ~ Ga' 10 acre ~ ~ ~ H (this side) 32.7 acre tract to d ~'I Shirley James Hilburn I I `~ p l 2471209 I~ ~F~+I l\ Dr. Don Wi] (this side) ~ ~ .; „., , t~R~O~ 1 C7F 3 --~-_ -.. c~s.,r~,~~,, e°" ryAGES DF EXMIBI4"~,,." ~~. v James Road A i >~ ~ N ^° I 'a~ 0 200 400 F, ~ ~ GRAPHIC SCALE DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDNISION DESIGN SPECIALISTS Re: description of 0.86 acre, Donald D. Wilson, Ken County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, comprising 0.86 acre, more or less, out of original Survey No. 142, J. S. Sydnor, Abstract No. 290, which is out of the most northerly part 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, which is part of that tract which was conveyed to Arlie Richard James, 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 an old fence comer post, the most northerly corner of said 246.2 acre tract, the north comer 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, the west comer 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, for the north comer of subject tract, being in the southeast line 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, 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 northeast line of said Donald D. Wilson tract, the southwest line of said Shirley Ann James tract, a direction of S.45°26'E. for a distance of 404.8 feet to a 1/2" iron stake found marking the north comer of that 10.0 acre tract which was conveyed to Arlie Richard James, by deed of record in Volume 220, at page 534, of the Deed Records of Ken County, Texas, for the east comer of subject tract; THENCE with a southeast line of said Donald D. Wilson tract, the northwest line of said 10.0 acre tract, a direction of S.44°55'W. for a distance of 64.5 feet to its intersection with the southwest right of way line of proposed extension of Thompson Drive, the south comer of subject tract; ~s~C~~~a ®F EXHIBil'"~„" ~ Page 2 of 2 -description of 0.86 acre, Donald D. Wilson THENCE with division line of said Donald D. Wilson tract, the southwest right of way line of proposed extension of Thompson Drive, a direction of N.53°24'W. for a distance of 353.0 feet to an angle, having State coordinates of northing = 809184.7463 feet, Basting = 1943872.1836 feet, continuing a direction of N.45°17'W. for a distance of 55.8 feet to its intersection with the northwest line of said Donald D. Wilson tract, the southeast line of said Winfield tract, the northwest line of said Survey No. 142, for the west comer of subject tract; THENCE with the northwest line of said Donald D. Wilson tract, the southeast line of said Winfield tract, the northwest line of said Survey No. 142, along fence, a direction of N.45°03'E. for a distance of 113.2 feet to the place of beginning. Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210/ 896 6901 ~'e~90E~0~ ? -.:?t f, LEGENG:. S.IS -set, iron stake F IP -found iron pipe I ~ PL -property line 52.56 acres Knapp FC -fence corner to John & Sue FL -fence line (wire) Waggoman, Jr. CL -chain link Sept. 5, 1974 I ~ (??)- deed information 175/125 ?/? -Volume/page (this side) 1' ~',` ~ ~~~~ ~' ~~ ~' d ~; ~~ ~~ ~ ~ ~~ DOMINGUES & ASSOC. 609 SIDNEY BAKER ST. KERRVILLE, TEXAS 78028 TEL. 210 896 6900 FAX 210 896 6901 ~ fence ------ --- ~cOa~--------- Betty Fritts ~, 1ss.s -------------- --~----- (this side) 38.5 acres Linda Knapp Snyder to Betty Fritts 25th June, 1980 236/540 (this side) ____ ~ -- Kenneth W. & Bobbie Ann Winfield 8.75 acres Ewight R. Knapp to Kenneth W. & Bobbie Ann Winfield o fence M y W u m Q P N V M ,--I =' y M c d s 19.55 acres ~~.~_ John R. & Hannelore Banister 0 v v w r !n v N c yn >n o~~~ N ~3 Y N y ~o m ˘' v c. O Z o „~ aF to Robert R. Woodward 28th February, 1977 (this side) 30 acres H. W. Atkins to Col. George W. Hansen 21st March, 1952 92/419 (this side) Survey No. 141 Joseph S. Anderson Abstract No. 2 3rd. Sept., 1974 - 175/39 (this side) 45°03' . -fence ~ 122.0 q~ ~4 I I~ 246.2 acre t ct ' ~ ' Alice Bank of Texas to Donald D. Wilson ' ~ 13th August, 1993 l ~ ' 707/376 I~ - - - - - - - - - - - - - r ~ Rees 1 10 acre >i~~l l ~~3r~ (this side) Survey No. 142 J• S. Sydnor Abstract No. 290 tract to Shirley Ann James Substitute Trustee's Deed 5th February, 1987 414/178 (this side) 0 200 400 ~~~E~ OF EXN~BlT'~." ~` ~ HIC SCALE DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDIVISION DESIGN SPECIALISTS Re: description of 3.12 acres, Kenneth & Bobbie Winfield, Kerr County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, comprising 3.12 acres, more or less, out of original Survey No. 141, Joseph S. Anderson, Abstract No. 2, being out of the northeast end 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, and subject tract being more particularly described by metes and bounds, as follows, to wit: BEGINNING at the north corner of said 8.75 acre Winfield tract, the west corner 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 corner 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 Kerr County, Texas, the most northerly east corner 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, 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 corner of a 12 foot widening of Knapp Road, out of the northwest side of said Robert R. Woodward tract; THENCE with a northwest line of said 8.75 acre Winfield tract, a southeast line of said 38.5 acre Fritts tract, a direction of S.44°40'W. for a distance of 163.5 feet (deed S.45°18'W. 163.1) to a fence corner post; THENCE with a southeast line of said 8.75 acre Winfield tract, a the northeast line of said 38.5 acre Fritts tract, a direction of S.33°49'E. for a distance of 310.5 feet (deed 5.33°54'E. 310.4) to a fence corner post, a re-entrant corner of said 8.75 acre Winfield tract, an east corner of said 38.5 acre Fritts tract; P~4~nn,r••;~~~rrCy~(,~ ~Iry~ ~~'~ r:>tp. °e~P 7 Off G/i4 FI~I i $1F ` Page 2 of 2 -description of 3.12 acres, Winfield THENCE with division line of said 8.75 acre Winfield tract, the southwest right of way line of proposed extension of Thompson Drive; a direction of S.82°36'E. for a distance of 165.3 feet to an angle, having State coordinates of northing = 809534.3703 feet, Basting = 1943519.1385 feet, continuing a direction of S.45° 17'E. for a distance of 441.0 feet to the south corner of subject tract, in the southeast line of said 8.75 acre Winfield tract, the northwest line 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, being in a southeast line of said Survey No. 141, Joseph S. Anderson, the northwest line of Survey No. 142, J. S. Sydnor; THENCE with the southeast line of said 8.75 acre Winfield tract, the northwest line of said 246.2 acre tract, and the northwest line of that tract 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, a direction of N.45°03'E. for a distance of 122.0 feet to the east corner of said 8.75 acre Winfield tract, the south corner of said 30 acre Hanson tract, located approximately 570 vrs. S.45°W., from the north or upper river corner of said Survey No. 142, J. S. Sydnor, according to the deed of said 30 acre; THENCE with the northeast line of said 8.75 acre Winfield tract, the southwest line of said 30 acre Hanson tract, a direction of N.45°OS'W., at 21.7 feet pass a 1/2" iron stake at a fence corner post, found marking the south corner of said 19.55 acre Woodward tract, continuing a total distance of 877.7 feet (deed N.45°00'W. 881.8) to the place of beginning. Domingues & Assoc. 609 Sidney Baker, Kemille, TX. 78028 Tel. 210/ 896 6900 -Fax 210/ 896 6901 C/'/% 6~B,~E~~ir 3 ~ ~i 1,r®~r\ a~~~B CAF E11MtBt-P,.~.. '~ s ..__~ r LEGEND:., DOMINGUES & ASSOC. S IS -set iron stake I F IP -found iron pipe 609 Sll)NEY BAKER ST. PL -property line I I KERRVILLE, TEXAS 78028 FC -fence corner TEL. 210 896 6900 FL - }once line (wire) ~ I ~ FAX 210 896 6901 CL -chain link \ (??)- deed information ?/? - Volume/pege ,~ y o Kenneth W. & Bobbie rd •~ Robert R. Woodward Ann Winfield I '~ ~1 I__- _~ (this aide) (this side) I x 0 I W y ~a 8.75 acres Ewight R. Knapp I a O to Kenneth W. & Bobbie a` F ~~ Ann Winfield 3rd. Sept., 1974 yo3~ Survey No. 141 175/39 v I I a (this side) ~ ~ 5' Joseph S. Anderson ___________ c~ __ _ _ _ __ --~----- ?s~, Survey No. 142 ~ c ~~e8~ J• S. Sydnor 246.2 acre tract ' ~ Abstract No. 290 Alice Bank of Texas w to Donald D. Wilson ~ ' N 13th ;~gu76 1993 \\ I ~ tract to ~~~ Shirley Ann James - - - (rhis side) - - ~ Substitute Trustee's Deed ' ~ 5th February, 1987 o-- -------~ Q 414/178 N.44°55'E 13.17 ~! 10.28 acre tract ~ N Shirly James to Daniel Dryden Rees i °' and wife Loretta Rees ~ ~ (rhis s;de) 314/745 ' N N Rees " "' o z 10.28 acre ~ ~ 32.7 acre tract to (this aide) ~+ Shirley James Hilburn I N 247/209 beginning corner south corner of James tract, ~ J, moat northerly east corner of 10.28 acre trect, I vi 8.9• located 0.7feet S50°00'W from a conc ROW ~.~'J,SO, marker, State coordinates N= tI08634.3102 feet, I .? ~ and E =1944593.9269 feet. N'44°~~ ' - - - - - - - - - - - °- - - - - - - - - - - - - - - - - - - -------183.2-------..-- y Jarnes Road - _ // ~ > ~8---------- ~ ~~ / ~ 5.98 acre tract I c, Ga f/ Ellen Ora Rees James Dr. Don Wilson ~ y ~ to UGRA PR+~E~~ir~ (thiaside) ~ ~~ a i 212/558 ~L_/ I o ~ 0 200 4ao PA~.UES C3F EpMli31'i"~.," i r~_, ~ GRAPHIC SCALE ~~ ~ DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDIVISION DESIGN SPECIAL)'STS 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 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, 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 the 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 24b.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 Shirley Ann James tract, the northwest line of said 5.98 acre tract, the soua~~7n~~~ubject tract, a direction of N.44°55'E. for a distance of 183.7 feet to the east corner of subjec ~ PAGES OF EiC1i18I3i'" '~L ° ~J~/~~1~j ~.,"Y- 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, Basting = 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, Basting = 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 5.45°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 line of said 10.28 acre tract, a direction of S.47°23'E., for a distance of 550.7 feet to the ~~ place of beginning. `a t~.~,,~o .~~~ 3 Domingues & Assoc. >? :; o~ ~,~ ~xeil~t~^~~. 609 Sidney Baker, Kerrville, TX. 78028 -Tel. 210/ 896 6900 -Fax 210/ 896 6901 LE(aEND: S IS - yet iron stake F IP -found iron pipe PL -property line FC -fence corner d FL -fence line (wire) \ CL -chain link \ (??)- deed information ?n - va~mdpaye o v Kenneth W. & Bobbie I ,`o_ Q Ann Winfield ~ ~ (this side) ~ I ~ O ~ ~ ~ ~ ~~ \~ ~ ~ ~ i a` F., DOMINGUES & ASSOC. 609 SIDNEY BAKER ST. KERRVILLE, TEXAS 78028 •. TEL. 210 896 6900 FAX 210 896 6901 Robert R. Woodward (this side) I I - - - - - - - - - - - - - - - - - - - o > r a •G ~ Survey No 142 / '~ Ca I ~ J. S. Sydnor 246.2 acre tract 1 x of ' Abstract No. 290 Alice Bank of Texas °' to Donald D. Wilson 1 ~ ~ ' 13th August, 1993 ~ ' a I _~ tract to 707/376 a ~„ Shirley Ann James ~ ~\ ~~~ %' Substitute Trustee's Deed 5th February, 1987 _ s.aa°ss'w. n.~ ~ 414/178 I N ' Shirty James I ~ n I (this side) I 10.28 acre tract 0.65 Acre ~ N I to Daniel Dryden Rees ' I and wife Loretta Rees ^ M I ~ 314/745 Rees v I I Z I (this aide) W ' i- Q? beginnin corner south corner of 0.28 acre trail c ; most so herly west corner 5.90 acre fret! u+' located 0~7feet S58°00'W from a coot ROW marker, ˘tate coordinates N= 808!334.3162 and E =1~44593_92f~ teet_ Dr. Don (this si zs ~,r,~g fJF EXMt13!'i"Q° feet, I I Wilson ~ I ggd1Y,s,~; ~ ~' °~` 1 ~,`1~~ I ._f I \ ~ 31.60 ----~-------------••---Jaine-s-Koad•---~------ > .8_-------- ~" ~ 5.98 acre tract ~ Q ~ ~ Ellen Ora Rees James p to UGRA a i 212/558 0 200 400 E-. ~ 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: a 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 said 0.28 acre tract, the north corner of said 10.28 acre tract; f'%'~~'E~GF~ +_~~'`~. _, . PAGES OF EXHIBIT"," K -' '__~ 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 5.50°37'E. for a distance of 251.9 feet to the place of beginning. 9 Domingues & Assoc. 609 Sidney Baker, Kemille, TX. 78028 Tel. 210! 896 6900 -Fax 210/ 896 6901 c':~'a~~Dr= 3 ' ~'~ ~ y E CONTRACT FOR ACQQISITIQN OF LAND This Agreement is made between DOMINION LAND AND CATTLE co., INC. ('!DOMINION"), LEWIS BRAZELTON, Trustee (hereinafter "TRUSTEE") for owners.of "PROPERTY," as that term is hereinafter defined, and the County of Xerr ("COUNTY"), a political subdivision of the state of Texas. WHEREAS, DOMINION is in the process of developing 573.95 acres, more or less ("PROPERTY"j, 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 in Kerr Ceunty; and WHEREAS, DOMINION proposes, as part o;2 its development, to acquire right-of-way and build a road at a location that the Texas Department of Highways and Transportation ("TxDOT") has previously designated as a planned extension of Thompson Drive (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 access 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 bn thereof. Said Exhibit is attached incorporated herein by referenda for a.ll as if copied herein verbatim. hat the right-of-way and "R.O.W. II" be placed on a portion hereto and hereby intern+e erd.Parooees 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 DOMINGUEZ, or (ii) reimbursement to COUNTY upon presentation of the DOMINGUEZ billing to DOMINION. 3. COUNTY Will cause R.O.W. I to be appraised. DOMINION 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 ba selected by the parties by mutual agreement. F'A~ E~OF~ `~'r'~ 4~A~ES O~ EXMIBlT'~," ~,., ~_., iii i ..~_. Roadway acQUiaition contract calla 2 of 4 4. Upon receipt oP the appraised value of R.o.W. I, DOMIxIOx shall have the right to cancel this agreement within ten (io) days from receipt of appraisal; if it deems the cost of acquisition of R.O.W. I unreasonable. 5. If DOMINION does not cancel this Agreement, then coUNTX shall proceed to purchase and acquire R.O.W. I at DOMINION'S cost and expense. 6. If COUNTY is unable to purchase and acquire R.o.W. I by agreement with the affected property owri˘rs, the COUNTY will uses its emirert domain authority to acquires Said property by condemnation. 7. DOMINION will pay far all of COUNTY'S cost 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 to: land costa, appraisal fee; filing fees; service fees; special commissioners fees; Court 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; 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. S. COUNTY will take title to R.O.W. I, and will become sole owner of same. s Upon completion of acguisit:.on of R.O.W. I DQMINION and/or TRUSTEE will convey clear title to COUNTY of the property identified in Exhibit as 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 DOMINION'S cost and expense, and will be constructed to meet COUNTY specificatipns, with any variances therefrom only as approved by COUNTY. PA~e~aF 6~.,.r=y"" PBlG~B QF EXHIBlT'~," ~ Noaduay acquisition contract vat's 3 of ~ li. The Roadway will be a public roadway and upon completion and acceptance by COUNTY, will ba placefl 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 PROPERTX. 13. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreements batwnen the parties with respect to the subject matter hereof. Ap r ved and adopted by Rerr County Commissioners' Court on this day of 1995. - RO ~RT„A. 'N. , KERB COUNTY JUDGE Attest: Pat Dye, Kerr CounCjd~k and Ex-Officio Clerk of the Commissionersf court of Kerr County, Texas Ap oved and ado d.by, DOMINION LAND AND CATTLE CO., TNC. on this day of X~ ~-h-%, 1995. l' --~ j~~ /.~ DAVID CUNNINGS, PRESID T DOMINION LAND AND CATTLE CO., INC. Approved and adop~t d by Lewis Brazelton, Trustee, on this ~(~ day oP C2la~ , 1995. LEW ZELTON, TRUS l 3 ~~~,~ .3 of b •~~:ti:::~ f~ACxE~ C?F EXHIBIT',," ,y ~,, Roaduey acqu{al ti on contract Pag! i qt 4 THE STRTE OF TEXAS COUNTY OF KERB } This instrument was acknowledged before me on it '.cv~3, 1995, by ROBERT A. DENSON, County Judge of Kerr County, Texas. i, r.i THE STATE OF TEXAS COUNTY OF KERB Notary Public, he State of Texas My~ T[±ommiss~i,/9pn{ e~xpirl~es:. -/ - !rA-/st=n) l\Ii kl.C.lV1A/iL~2_.... __-- Notary's printed name T1}is instrument was acknowledged before me on _ ~ ' , 1995, by DAVID W. CIIMMINGS, JR., President aP DOMIN ON LAND D CATTLE CO., INC. °-`' °: -•• BECKY L. STEVENS _,i ia_• : n? Notary Puhllc, State of Texas a,~; ~ v; MY Commisalon ExPlna ', ' -+Y~ OCTOBER 1, 1997 .. -,...-..,,.n-,.M~...-.-r.,a.^,~., THE STATE OF TEXAS COUNTY OF KERB 1 Notary b ic, The State ~o1f T~a 111 Ny,Commission a irels: (.i-C/ /'" Notary's printed name This instrument was acknowledged before me on +~G~ %E , 1995, by LEWZS BRA2ELTON, Trustee. ~ .,~~ o ary Public, The State of Texas My Commission ~3t~~i~5`-~-~~GGs_ <':°~~ : ~~-~ AR'NOR !' TO! 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