SADDLE\CC3.SAD\032196
ORDER NO. 23220
ORDER AUTHORIZING ACCEPTANCE OF LETTER OF CREDIT
REGARDING CONSTRUCTION OF ROADWAY TO COUNTY SPECIFICATIONS
ON THOMPSON DRIVE/SPUR 98/HIGH WATER BRIDGE PROJECT PROPERTY
On this the ~`~ day of March, 1996, upon motion made by
Commis Toner ~.C~'f~/j1lfAJ , seconded by Commissioner
~~~'K/fjy/ ~ , the Court /,~ygyi,~ya+rsL % approved by
a vote of S - O - o , 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 described as Exhibit A, said Exhibit A
hereby incorporated herein by reference for all intents
and purposes as if copied herein verbatim.
b. 3.12 acres described as Exhibit B, said Exhibit B
hereby incorporated herein by reference for all intents
and purposes as if copied herein verbatim.
c. 1.41 acres described as Exhibit C, said Exhibit C
hereby incorporated herein by reference for all intents
and purposes as if copied herein verbatim.
d. 0.65 acres described as Exhibit D, said Exhibit D
hereby incorporated herein by reference 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 is attached hereto as Exhibit
F, said Exhibit F hereby incorporated herein by reference
for all intents and purposes as if being copied herein
verbatim.
4. Pursuant to the terms and conditions of the contract,
Saddlewood Partners I, Ltd. is obligated to construct a
roadway which meets county specifications across certain
property as identified in the contract.
5. Saddlewood Partners I, Ltd. has requested that it be
1
SADDLE~CC3.SAD~032196
allowed to deliver to Kerr County a letter of credit in
order to guarantee construction of the roadway required
under the contract.
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 Kerr 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 ~~ , 1996.
~. oYk~
RO RT ARO RT A. D~N
Ke County Judge
2
L£GEND.
's is'-set iron stake ' I DOMINGUES & ASSOC.
f IP -found iron pipe I
PL -property line 609 SIDNEY BAKER ST.
FC -fence corner d I KERRVILLE, TEXAS 78028
FL -fence line (wire) \ TEL. 210 896 6900
CL -chain link ~ I FAX 210 896 6901
(??)- deed information
?/? -Volume/page ~ o v
~ Robert R. Woodward
Kenneth W. & Bobbie `o '~
Ann Winfield I ~~ A I (this side)
d p
(this side) I ~ H
8.75 acres ~ ~ ~
Ewight R. Knapp I a O I Beginning at old fence corner,
to Kenneth W. & Bobbie ~ F most northerly corner of Don Wilson tract,
Ann Winfield I west con r of Shirley Ann James,
3rd. Sept., 1974 Survey No. 141
175139
(~~ side) Joseph S. Anderson
------------- ---- 45°03' ----------------
N.45°17'W. 113.2
• ss.6 Survey No. 142
-i~.rxQ~Q ~, jl~ o ~ J• S. Sydnor
M v ooI Abstract No. 290
246.2 acre tract ~ ~ ° ` tract to
Alice Bank of Texas ~" 00 w I Shirley Ann James
13th Angus v1993n ' s,44°ss,w G ~ o ~ ~ Su SthtFebrurustee's Deed
ary,1987
7071376 - a S y ~ 4141178
Shiny James
I ~ I (this side)
10.0 acre tract ~
to Artie Richard James ' ~ ~
2201534
Rees ~~ A `
10 acre °'
~ w H 32.7 acre tract to
(this side) ~ ~ O.I Shirley James Hilburn
I ~ 8 p l 2471209
I~ ~ F
Dr. Don Wi]
(this side)
r,,~f~lv5 OF EX~i1BE'i'"Q" s 4
v James Road
A i
>~ S/
N
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dad
O I ~ ~ 200 400
H ~ 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 Ken 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 Ken County, Texas, and subject tract being more particularly
described by metes and bounds, as follows, to wit:
BEGINNING at an old fence corner 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 Ken
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 comer
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 5.45°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 Kerr County, Texas, for the east corner
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 5.44°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;

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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
t~,~n~ a ~~r~
Y_~'~i.~6~..~3 0~ GAf 70LaG 1 r~~e
LECiENO:
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) ~ ~',' ~
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. ' ~ ~
,~
DOMINGUES & ASSOC.
609 SIDNEY BAKER ST.
KERRVILLE, TEXAS 78028
TEL. 210 896 6900
FAX 210 896 6901
~ ' ~ fence
- .-- ---
- - - - - -
Betty Fritts ~, 1s3.s ------•------- --~Pfl~°-a~_-------
(ihis 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
3rd S t 1974 175/39
c fence
M N
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V M r-1
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s 19.55 acres
~~~. John R. & Hannelore Banister
0
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axi ~ o
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aOZ
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a`
ep .,
(this side) \ .45°03' .
fence \I- 122.0
to Robert R. Woodward
28th February, 1977
(this side)
30 acres
H. W. Atkins
to Col. George W. Hansen
24st March, 1952
92/419
(this side)
Survey No. 141
Joseph S. Anderson
Abstract No. 2
- - - - - - - - - L - - - - - - - - - - - - - - - -
q 1
I I~
246.2 acre ct l ~
Alice Bank of Texas
to Donald D. Wilson ' ~ I
13th August, 1993 I ~
707/376
~~
------------- ~--d
Rees 1
10 acre 1=,~; .'~,~~;~~
(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
®1~1 ~RAPHIC SCALE
r,
~~~~~ 0~ ~~c~isc~^~,.
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 5.44°40'W. for a distance of 163.5
feet (deed 5.45°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 S.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;
€~<+ f ~.~~F~
,.~~, s y l
~Jle+~a ~~.::~5 t.~~ E~l-e11~1T"~.. ':, r
'~ 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
5.45° 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. .,,-
C' ~
609 Sidney Baker, Kemille, TX. 78028 ~a ~, ~~B Ot= Eyy.11Ba'~ B ~•
Tel. 210/ 896 6900 -Fax 210/ 896 6901 ,r`

LEGEND: „	
S IS~- set iron stake	I
F IP -found iron pipe	

PL -property line	I
FC -fence corner
FL -fence line (wire)	
CL -chain link	\
(??)- deed information
?/? - Volume/page	
	Kenneth W. & Bobbie
	Ann Winfield
	(this side)
8.75 acres
Ewight R. Knapp
to Kenneth W. & Bobbie
Ann Winfield
3rd Sept 1974
o ~
oQ
e
e ~
x O
e H
a G1,
e
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175/39 r
(this side) ~,
c
v
246.2 acre tract I ~
Alice Bank of Texas :+~+
to Donald D. Wilson tD
N
13th August, 1993 ~ ' ~
707/376 vi
(this side) ~) \~
o---------/-------- i -
10.28 acre tract
to Daniel Dryden Rees
and wife Loretta Rees
314/745
Rees
10.28 acre
(this side)
beginning corner south corner of James trail,
most northerly east corner of 10.28 acre trod,
located 0.7teet S56°00'W from a cons ROW
marker, State coordinates N. 808634.3182 feet,
N.44°55'E 13.17
DOMINGUES & ASSOC.
609 Sll)NEY BAKER ST.
KERRVILLE, TEXAS 78028
TEL. 210 896 6900
FAX 210 896 6901
Robert R. Woodward
(this aide)
i
~0	
~~.	
Ay°	Survey No. 141
~ 5'	Joseph S. Anderson
ys~,	Survey No. 142
'~8~'8~y	J• S. Sydnor
	Abstract No. 290
tract to
Shirley Ann James
Substitute Trustee's Deed
5th February, 1987
414/178
~~ Shirly James
~ (this aide)
N
N
N
z
i
i
i
~~
i
i
Z i
and E =1944593.9269 feet.
~ - - - - - - - - - - -I/- - - - - -
Dr. Don W/ilJson
_ (this aide) -°-
ti
q"2al-i1~1"i'"~,~,•• ~~
`,
32.7 acre tract to
Shirley James Hilburn
247/209
S
~S=
J~S,r~yY
1~
~--~F-
------1837 ..---•-	----------
------------ ...---
	Jarnes Itoail
~~ ~
~	5.98 acre tract
Q
~
~	Ellen Ora Rees James
~
~	to UGRA
I
.
~	212/558
~ ~	
O ~ 0	200 400
	
~ ~	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 cogveyed 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 trnct 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 5.58°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 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 lt~;~;:;`
the Real Property Records of Kerr County, Texas; a
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, a di~e,~t~n~~r~
N.44°55'E. for a distance of 183.7 feet to the east corner of subject tract;
aat':1"~ ~aFJrl(1°iH~E"I'""L'

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, [he 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 5.45°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 ~` ~t~la~;~
10.28 acre tract, a direction of S.47°23'E., for a distance of 550.7 feet to the l
place of beginning. \
Domingues & Assoc. ~'~'~~ 7 fltr E~6i9131'1"'~' "
609 Sidney Baker, Kerrville, TX. 78028 -Tel. 210/ 896 6900 -Fax 2I0/ 896 6901
L.Ei"aENU:
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	
?/? - Volume page	w y
	o ~
	Kenneth W. & Bobbie I .~ A
	Ann Winfield ~ ~
	(this side)
( d ~
	\
ra
	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- N.
~ o *~ I Survey No. 142
'~ A I ~ J. S. Sydnor
246.2 acre tract I x of ' Abstract No. 290
Alice Bank of Texas °'
to Donald D. Wilson ~, ' m I
13th August, 1993 `~ o. ~ I ; _~ tract to
707/376 ~ ' oa` ~~^ Shirley Ann James
~ ~ ~ Substitute Trustee's Deed
'1 5th February, 1987
_ - - S.a4_55_w. 77.7 I 414/178
- - - - - - - ~
I N ' Shirly James
I ~ n I (this side)
I 10.28 acre tract 0.65 Acre ~ N
I to Daniel Dryden Rees
~ and wife Loretta Rees M I
I 314/745 Rees N ~ ~
z
(this side) ~ I
-r Q?
beginnin corner south corner of 0.28 acre trail c u,
most so herly west corner 5.98 acre tract ~ N
located 017feet S58°00'W from a coot ROW ~ N44"55'E
\ ~ 31.60
marker, Mate coordinates N= 808834.3182 feet, ,
andE=1~44593.9289feet. ----~'-----------
iv"'" James Koad"""" """"""
I > ,~--------
I Q /~ 5.98 acre tract J
I ~ ~ p~ Ellen Ora Rees James
Dr. Don Wilson I N p to UGRA
(this side) - ~ y~„ I 212/558
~°~~~-~-~~~- ~ ~C~IF~. ~ I; I o zoo aoo
°~< I ,~ I
PAGES OF EXH183T' U " ~ ~ F, I 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 acrehtr~c#~th_~aa~rt_h corner of said 10.28 acre tract;
5,1J11p~
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.
v
Domingues & Assoc.
609 Sidney Baker, Kerrville, TX. 78028
Tel. 210/ 896 6900 -Fax 210/ 896 6901

\@'1 Jjg9
~6
~.

CONTRACT SOR ACQUISITION 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 Karr ("COUNTY"), a political subdivision of the state
of Texas.
WHEREAS, DOMINION is in 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 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 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 ("TxDOT") has previously
designated as a planned extension of Thompson Drive (Spur 98); and
WHEREAS DOMINION and COUNTY have reached agreement r®garding
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 be
thereof. Said Exhibit is attached
incorporated herein by rafarenea 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
intQn}s ?nd. P»rooePs
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 COVNTY~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 bs selected by the parties by mutual
agreement.
6~~e~E l O r ~ ~~SB7'/,9
Pta~ES OF EXHIBIT' E "

Roadway acQUiaition contract
7apa 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 of R.O.W. I unreasonable.
5. If DOMINION does not cancel this Agreement, then COTINTx
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 affncted property owri¢rs, the COUNTY will
rise its eminent domain authority to acquires said property by
condemnation.
7. DOMINION will pay for all: of COUNTY'S cost of aaquisition
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 costs,
appraisal fee; filing fees; service fees; special
commissioners fees; court costs; jury fee; copying and
documentation costs; all other out-of-pocket costa 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.
9 Upen completion of acquisition of R.0>W. I DOMINION
and/or TRUSTEE will convey clear title to COUNTY of the
property identified in Exhibit as R.O.W. II.
l0. 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. ThQ roadway will be constructed at DOMINION'S cost
and expense, and will be constructed to meet COUNTY
5pecificatipns, with any variances therefrom only as approved
by COUNTY.

f~Rai~~~C3r 6 ,F'~!;p~
SaA~.t'a~S OF EXHIBIT',,,F~'°
~~.
Roadupy pcquisit ion contact
Ppp~ 3 of t
11. The Roadway will be a public roadway and upon completion
and acceptance by COUNTY, will be 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
the parties hereto and supersedes any prior understandings or
written or oral Agreements between the parties with respect to
the subject matter hereof.
Ap r ved and adopted by Kerr County Commissioners' Court on this
day of 1995. -
~ 1'l-~
RO •RT A. •N , KERB COUNTY JUDGE
Attest:
Pat Dye, Kerr Cou~~ Clerk and
Ex-Officio Clerk of the Commissionersf
court of Kerr County, Texas
Ap oved and ado ed.by,,DOMINION LAND AND CATTLE CO., INC. an
this day of .~~ ~-h-%, 1995.
(~~
DAVZD CUNNINGS, PRESID~
DOMINION LAND AND CATTLE CO., INC.
Approved and adopt_ d by Lewis Brazelton, Trustee, on this
~(~ day oP ~.(a~ , 1995.
F~pa~E .3OF~„ ~'i,~11T®9
~,
poadysy acqulaition contract
PBg! G qi 4
THE STRTE OF TEXAS }
}
COUNTY OF KERB }
This instrument was acknowledged before me on r1~
1995, by. ROBERT A. DENSON, County Judge aP Kerr County, Texas.
!.~ .~ 'M {
~ 1 ~ ~,y .
J 1
~t61FAlFi}'SC(n~a : Jai. ,..M ./(wl..J
THE STATE OF TEXAS }
_ Q~ ~<-6t~:
Notaby Public, a State of Texas
My, j(±wmnis3igqn expires: ,3-/x•99
1C'd(a rn) K~. kl~L.lY1,q n.Zi~_
Notes printed name
}
COUNTY OF KERB }
This instrument was acknowledged before me on ~ - ,
1995, by DAVID W. CIIMMINGS, JR., President of DOMIN ON LRND D
CATTLE CO., INC.

~~ v a ~,
;'.
•	BECKY L. STEVENS
,
`> -.Y
~:
o	Notary Public, State of Taxaa
,. •...e ~.
.	
Aly Commission Expir•a
'
" a
•''+Y'	OCTOBER 1, 1997
,
,
.
., ,	

THE STATE OF TEXAS }
}
COUNTY OF KERB }
/ ~ ~ x,y
I Notary b`lic, The State of Tea
1 My~[Com/m/is/sion e -~i/re~a~-:~1 Q-O/
Notary's printed name
This instrument was acknowledged before me on ~~~ %~ ~
1995, by LEWIS BRAZELTON, Trustee.
o cry Public The State of Texas
My Commission ~-c~•~~sss~
Notary s primed ~nam~ k~;,,r °~~:~_. scar cr re;,v
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SADDLE\AOCFAOL.SAD\032196
ASSIGNMENT OF CONTRACT FOR ACQUISITION OF LAND
WHEREAS, DOMINION LAND AND CATTLE CO., INC., LEWIS BRAZELTON,
Trustee, and KERR COUNTY, TEXAS, have entered into a contract for
acquisition of land, a copy of which is attached hereto as
Exhibit A, said Exhibit A hereby incorporated herein for all
intents and purposes as if copied herein verbatim; and
WHEREAS, the contract for acquisition of land provided that
DOMINION LAND AND CATTLE CO., INC. had the right to assign its
rights, duties, and obligations under the contract for
acquisition of land to a development company created for the
purpose of developing the property identified in the contract for
acquisition of land; and
WHEREAS, DOMINION LAND AND CATTLE CO., INC. wishes to exercise
its rights of assignment.
NOW, for and in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS, the terms and conditions of the contract for
acquisition of land, and the terms and conditions of this
assignment, the receipt and sufficiency of which is hereby
acknowledged, DOMINION LAND AND CATTLE CO., INC. hereby assigns
to SADDLEWOOD PARTNERS I, LTD., all of the rights, duties,
obligations, title, and interest of DOMINION LAND AND CATTLE CO.,
INC. in the contract for acquisition of land.
Executed on
1996.
DOMINION LAND AND CATTLE CO.,
INC.
By:
DAVID M. CUNNINGS, JR.,
President
STATE OF TEXAS
COUNTY OF KERR
This instrument was acknowledged before me on ,
1996 by DAVID M. CUNNINGS, JR., President of DOMINION LAND AND
CATTLE CO., INC.
~I~,GE ~ OF ~'
R~~~~ of exHiBtr~ F
""-'~
`,51 AEC, •,~.
~z~ a i
/§
SADDLE~AOCFAOL.SAD~032196
Notary Public, State of Texas
My Commission Expires:
Notary's Printed Name
SADDLEWOOD PARTNERS I, LTD., as assignee herein, hereby accepts
this assignment and agrees to perform and be bound by the rights,
duties, and obligations of DOMINION LAND AND CATTLE CO., INC.
found in the contract for acquisition of land.
SADDLEWOOD PARTNERS 2, LTD.
By:
DAVID M. CUNNINGS, JR.,
President of SADDLEWOOD I,
L.C., General Partner of
SADDLEWOOD PARTNERS 2, LTD.
STATE OF TEXAS
COUNTY OF KERR
This instrument was acknowledged before me on ,
1996 by DAVID M. CUNNINGS, JR., President of SADDLEWOOD I, L.C.,
General Partner of SADDLEWOOD PARTNERS I, LTD.
Notary Public, State of Texas
My Commission Expires:
Notary's Printed Name
Cam. _,
r%le~E,~OF 8 s •y,+rr,~~
2 wr~~:~~ of ExHie~ir~ r- „ ~
CONTRACT SOR ACQIIISITION OF LAND
This Agreement is made between DOMINION LAND AND CATTLE CO.,
INC. ('!DOMINION"), LEWIB BRAZELTON, Trustee (hereinafter "TRUSTEE")
for owners.of "PROPERTY," as that term is hereinafter defined, and
the County of Kerr ("COUNTY"), a political subdivision of the State
of Texas.
WHEREAS, DOMINION is in 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 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 County; and
WHEREAS, DOMINZON proposes, as part oP 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 referenec+ for all
as if copied herein verbatim.
hat the right-of-way
and "R.O.W. II" be
placed on a portion
hereto and hereby
intant~ ?n_d Puroose.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 DOMINGUEZ, or (ii) reimbursement to
COUNTY upon presentation of the DOMINGUE2 billing to DOMINION.
3. COUNTY will cause R.O.W. I to be appraised. DOMINION
will pay for trio appraieal, at COVNTY~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.
P~'e~E .~ Ofr 8 ~° ~~ .~~\
PA~'E~4F~ ~NI?iy 1
~ G=t`,r`(; s C!P EXHIBIT"" ~,
PAGES OF EX}d191T",,,~" -/
h~•~. ~ t. Y.t h'ot ~
Roadway acquisition contract
yaps 2 of 4
cis _,._ oa
4. Upon receipt oP 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 of R.O.W. I unreasonable.
5. If DOMINION does not cancel this Agreement, then couNTY
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 owners, the COUNTY will
~1sa its eminent domain authority to acquirz said property by
condemnation.
7. DOMINION will pay for all: of COUNTY'S cost oP 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 costs,
appraisal fee; filing fees; service fees; special
commissioners fees; Court costs; jury fee; copying and
documentation costs; all other out-o£-pocket costs incurred by
COUNTY. Such costs will be paid by DOMINION, at COUNTY'S
option, by (ij 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 oP R.O.W. I acquired, and the
costs associated therewith.
8. COUNTY will take title to R.O.W. I, and will become sole
owner of same.
IJpCn completion Cf acy.ziSition of P.. O.W. T_ 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.
_. C%.,
PAGE Z Gr b oq.117l,Q
F EXi-339:T' ` ~'AaGLS OF EXH1BtT'L' •a ~~
PAGES O
RoAduay acquisition cont~ect
Pa9~ 3 of ~
11. The roadway will be a public roadway and upon completion
and acceptance by COUNTY, will be 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 FROPERTY.
13. This Agreement constitutes the sole and only Agreement of
the parties hereto and supersedes any prior understandings or
written or oral Agreements between 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. •NSgN, KERR COUNTY JUDGE
Attest:
~~~Y/LY~ P~ ~'~-rG_~
Pat Dye, Kezr County Clerk and
Ex-Officio Clerk of the Commissioners'
court of Kerr County, Texas
Ap oved and ado ed.by DOMTNION LAND AND CATTLE CO., INC. on
this ~ day of X? ~.~ 1995.
~__
DAVID CUNNINGS, PRESIDENT
DOMINION LAND AND CATTLE CO., INC.
Approved and adop~~d by Lewis Brazelton, Trustee, on this
~~ day pf a -- , 1995.
PAGE 3 ~~- 6
PAS'aE~ OF Ei'riJ'. y '~.
~ 3
t a,,
.-:.,
'1
1
L!y'_
~-~ .y~~
G'~tt~ES CAF ExHIBlT' r- ••
Road~uy acqu{altfon contact
Page ~ qt 4
THE STATE OF TEXAS }
}
COUNTY OF KERB }
This instrument was
1995, by ROBERT A. DEN50N,
acknowledged before me on il,~ ~,
County Judge oP Kerr County, Texas.
f ~.. ._ _ ~, .. iJl
L r f!
Notaty Public, The State of Texas
My~ gqommission expires: ,3~Z
Notary's printed name
THE STATE OF TEXAS }
}
COUNTY OF KER12 } '
T1}is instrument was acknowledged before me on _~
1995, by DAVID W, CIIMMINGS, JR,, President of DOMIN O~D
CATTLE CO., INC.

~`''' °%'•	BECKY t. STEVENS
'> ~'•r •~:
n	Notary Publlc, State of Texas
_.c ~
:	Yy Commisalan Expire

',
`'+q~	OCTOBER 1, 1997
	

THE STATE OF TEXAS }
}
COUNTY OF KERR }
/%~ ~ .~~~
I N~ry p ~lic, The State of T~a
111 M Commission ire ~-O/
Notary's printed name
This instrument was acknowledged before me on ~(?f %6 ,
1995, by LEWIS BRAZELTON, Trustee.
o ary Public The State of Texas
My Commission ~~`-~'~c~-`~~"'S`~
Notary' S prin ed ~~am~ Ne:arp ?ubae. ;tats of Tp;ua r~
~~ _} ~. t ~ '» 1•'Y CanT.45idn fx0~res 2/11/99 ~
,~\~l iX ~o ~ ~~
Clvx.ITOAtxIM •OrFN •A~nOMNgMDOYWON.C111 •. ~:,~~:.
~'~j 1'' : 4 ~: ,~_t
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