SADDLE/COMOA.SAD/031596 ORDER NO. 23217 AUTHORIZATION REGARDING OFFERS TO PURCHASE LAND FOR THOMPSON DRIVE/SPUR 98/HIGH WATER BRIDGE On this the ~s day of March, 1996, upon motion made by Commissioner ~~ /y/ .U seconded by Commissioner E , the Court _ [(~b~,l/%/l'D!/S~ y approved by a vote of _~_- O - C1 , 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_~ /S4 , 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 $ /~, OSS~, DD c. Earnest Money Contract for purchase of 1.41 acres from HIRLEY ANN JAMES S ~i`f07,0~ for a purchase price of d. Earnest Money Contract from LORETTA REES for s i7, ~G3.~ 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 Rerr County Abstract S 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 Rerr County intends to proceed immediately with acquisition of fee simple title to the property by eminent domain if Rerr 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 Rerr County Judge may deem necessary and proper to carry out the intent and purpose of this Order. This order was adopted on ___11~ 2~ , 1996. V RO RT A. N Ke County Judge 2 SADDLE\SDEMCB-I.IW/031496 EARNEST MONEY CONTRACT PARTIES: DONALD D. WILSON (Seller) agrees to sell and convey to KERB COUNTY (Buyer) and Buyer agrees to buy from Seller the property described below. PROPERTY: 0.86 acres, as described on attached Exhibit A to be attached hereto upon receipt of survey. CONTRACT SALES PRICE: Cash payable at closing $ 3 , /~ 6 , O~ ~ j Sales Price $ 3 SG D'D 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) contracts to be acquired by Buyer as a part of acquisition of right-of-way for the Thompson Drive/Spur 98/Bighwater Bridge Extension contemplated by the Texas Department of Transportation. It is anticipated that one (1) or more of the tracts will be acquired by use of Buyer's power of eminent domain. Accordingly, this contract will close within 1 SADDLE\SDEMC8-1.1W/031496 thirty (30) days from the date of acquisition of the other four (4) tracts to 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. 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. 1.41 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. 0.65 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. 0.73 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 CASE AT OR PRIOR TO CLOSING: Seller's Expenses: Principal and interest required on any existing loans necessary to obtain a release of the property (NOTE: Buyer will pay any prepayment penalties and other costs associated with obtaining a release), prorated ad valorem taxes, and Seller's attorney's tees. Buyer's Expenses: Buyer will pay all costs not stipulated to be paid by Seller in this contract. Buyer will pay for tax statements. Seller shall pay any delinquent taxes. Seller shall execute a General Warranty Deed provided by Buyer conveying title subject only to exceptions approved by Buyer. 2 SADDLE~SDEMCB-1.1W/031496 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 (b) 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. 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 delivered at the addresses shown below. 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 3 SADDLE\SDEMC8-1.1W/031496 part of this contract, consult your attorney BEFORE signing. ACCEPTANCE: This Earnest Money Contract is an offer to purchase real property. This offer shall become null and void at 5:00 P.M. Central Standard Time, ten (10) days (inclusive of date of delivery) after date of delivery to Seller. SELLER'S ATTORNEY c~~j EXECUTED by Buyer on __/~~~L~ ~J '", 19~. KERR COUNTY, a political subdivision of the State of Texas, $UYER By: ~~'w~LJ RO ERT A. D NS , County Judge EXECUTED by Seller on , 19 Seller Seller Seller's Address Phone Number 4 SADDLE\SDEMCB-1.1W/031496 EARNEST MONEY RECEIPT Receipt of $ Earnest Money is acknowledged in the form of _ Escrow Agent: By: Date: , 19 LEGEND: S IS -set iron stake F 1? -found iron pipe PL -property line FC -fence corner FL -fence line (wire) CL -chain link (??}- deed information ?/? - Vdume/page Kenneth W. & Bobbie Ann Winfield \ (thls side) 8.75 acres Ewight R Knapp to Kenneth W. & Bobbie Ann Winfield 3rd. Sept., 1974 175139 (this side) `' DOMING UES & ASSOC. 609 SIDNEY BAKER ST. KERRVILLE, TFXAS 78028 TEL. 210 896 6900 FAX 210 896 6901 Robert R. Woodward ~ (this side) Beginning at dd fence corner, most northerly corner of Don Wilson tract, west c r of Shirley Ann James, Survey No. 141 Joseph S. Anderson o ~ oQ .c d q X W h ~a u $,~ dF --------- N.4517'W. 113. 55.8 ~ D. W • N °~' en V 246.2 acre tract Alice Bank of Texas to Donald D. Wilson 13th August, 1993 7071376 - 10.0 acre tract to Arlie Richard James 2201534 Rees 10 acre (this side) Survey No. 142 J- S. Sydnor Abstract No. 290 a o~ ~C a tract to '~" 00 ~++ I Shirley Ann James v"+ ~ N Substitute Trustee's Deed S 4q°SS•K, tiq ~ ' 5th F 4141 8' 1987 S vi I Shiny James '~ ~ (this side) ~ ~ ~~I 'N A I A~ ~ d H ~ 32.7 acre tract to I i ~ ~ Shirley J~amesU9Hilbum U $ ~' ~ Dr. Don Wi] (this side) PAGE / OF~ SAGES OF EXHIBIT"g° '~% r ~._ _~ ~ ~ _ James Road _ _ _ _ '[ i A i q ~ h ~° I a ~ O I 0 200 400 F ~ GRAPHIC SCALE DOMING UES & A SSOC. PROFESSIONAL LAND SURVEYING SUBDNISION DESIGN SPECIALISTS Re: description of 0.86 acre, Donald D. Wilson, Kerr County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, comprising 0.86 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 corner post, the most northerly comer of said 246.2 acre tract, 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, 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 corner 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 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; PAGE~OF~ ""-GES OF EXHiBiT^ A \NITj9 r 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 PAGE,'LOF~ r~AGES OF EXHiBiT'~,° ~ldl%j9 r LEGEND: S IS -set iron stake F IP -found iron pipe ~ PL -property line 52.56 acres Knapp FC -fence comer to John & Sue FL -fence line (wire) Waggoman, Jr. CL -chain link Sept. 5, 1974 I ~ (??)- deed information 175/125 d ?/? - Vdume/page (this side) ~ ~',` ~ ~~~ ~~ ~ u i ~~ ~ ~ w w i ~ i i ~ f ~ ~ /1 i ~ DOMING UES & ASSOC. 609 SIDNEY BAKER ST. KERRVILLE, TEXAS 78028 TEL 210 896 6900 FAX 210 896 6901 fence Betty Fritts ~, 163.5 --•---------•- •-~..--- - - --------- d fence (this side) ~ v 38.5 acres 4r ~ Linda Knapp Snyder p to Betty Fritts ~ ,~,~ iy 25th June, 1980 ~ '~ ~ 236/540 ~ `~ M (this side) _ s 19.55 acres _ _ . ~ '-- ~~,, Jahn R. & Hannelore Banister ~6' S. to Robert R. Woodward ~Q~ ~ F c ~ ^ 28th February, 1977 Kenneth W. lX o /~~ m (Lhis side) N C Bobbie Ann ~ ° 1° 30 acres p m ~ c H. W. Atkins d a' ~ to Col. George W. Hansen Wlnfleld ~ a ~ z 21•st March. 1952 8.75 acres !+' ~ F 92/419 Ewight R Knapp .'~- a (this side) to Kenneth W. & Bobbie "' Ann Winfield vi Survey No. 141 3rd. Sept., 1974 - 175/39 (this side) .45°03' -Joseph S~Anderson fence ~ - - t z2.o Abstract No. 2 ~ ~ Survey No. 142 ~ ~ J° S. Sydnor 2A6.2 acre t ct ` ~ ' Abstract No. 290 Alice Bank of Texas to Donald D. Wilson ' ~ 13th August, 1993 ' ~ ' 707/376 tract to ~ Shirley Ann James Substitute Trustee's Deed ~ ' 5th February, 1987 --------------r ~ ' 1N¢~ 414/178 Rees ~ (this side) 10 acre PAG OF~„ ~ o zoo aoo (this side) L ~ ~~~ '~G_S bF EXHIBIT' (:RAPHiC. 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 folCows, 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 5.33°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; PAGE~OF~ QAGES OF EXHIBIT'" \NIT~9 ~j 1 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 5.82°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° l7'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 tine 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, 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 Rea! Properly 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. PAGE~OF~ 609 Sidney Baker, Kerrville, TX. 78028 PAGES OF EXHIBIT",~° Tel. 210/ 896 6900 -Fax 210/ 896 6901 `Lls" ltdlT/,9~ <1 LEGEND: ~ DOMINGUES & ASSOC. S IS -set iron stake ' 609 SIDNEY BAKER ST. F IP -found iron pipe I KERRVILLE, TEXAS 78028 PL -property line ' I TEL. 2t0 896 6900 FC -fence corner d I ~ FAX 210 896 6901 FL -fence line (wire) \ CL -chain link \ (??)- deed information \ ?/? - Volume/pege ` c ~ Kenneth W. & Bobbie I a •~ Robert R. Woodward Ann Winfield I .c A ~~ ____~ (thia side) (fhl3 Slde) I ~ y 8.75 acres I ~ I; Ewight R. Knapp `~ $ 0 to Kenneth W. & Bobbie ~, I a` ~ I $~ Ann Winfield ~_I ,~• 3rd. Sept., 1974 I I A~o3 Survey No. 141 175/39 v 5. (this side) Joseph S. Anderson --------------, ----- - -ysi, Survey No. 142 --- ~8'e• J. S. Sydnor 246.2 acre tract ' ~ e ~ Abstract No. 290 Alice Bank of Texas "' to Donald D. Wilson ` N 13th August, 1993 ' ~ tract to 707/376 N Shirley Ann James (rnis side) ~~ ~ Substitute Trustee's Deed ' ~ 5th February, 1987 o----------~~---------t- Q 414/178 N.44°55'E 13.17 ~ r^. 10.28 acre tract ~ ~ Shirly James to Daniel Dryden Rees and wife Loretta Rees ~ ~ N (rnis aide) 314/745 1 Rees c z 10.28 acre _~~~ ~ 32.7 acre tract to (this aide) W Shirley James Hilburn I N 247/209 beginning comer south corner of James trail, ~ ,r most northerly east corner of 10.28 acre trail, I '~ e.9. located 0.7fed S58°00'W from a conc ROW ' l~'r,rO~Y marker, State coordinates N= 808834.3162 feet, N.~,~, ~' andE=1944593.9269 feet. ----------- °- - - - - - - - - - - -I- - - - - - - --.--..183.2-----------•- ------•--...--`-----. y James Road I > ~--------- ~ -- j ~ I Q /~ 5.98 acre tract Ellen Ora Rees James a PAGE ~ QF ,3 Dr. Don Wilson I ~ a ( to UGRA (this side) I •~ O. I 211J558 SAGES OF EXH1Bl7"~°-" ~~ /~~~y\/~/~I o I o 20o aoo ~` `!''~., ~ GRAPHIC SCALE DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDIVISION DESIGN SPECIALCSTS 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 Reat Property Records of Kerr County, Tezas, 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 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 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 ~~"' d: the Real Property Records of Kerr County, Texas; THENCE with the southeast line of said Shirley Ann James tract, the northwest fine of said 5,98 acre tract, the southeast line of subject tract;f`aT's~t5~ef N.44°55'E. for a distance of 183.7 feet to the east corner of subject t ~S bF EXH181T" C 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 5.89°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 SurveyrNo. 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 5.45°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 ,~Y,~~y} 10.28 acre tract, a direction of S.47°23'E., for a distance of 550.7 feet to the tNip~~ place of beginning. P~G~~or 3 ~_ Domingues & Assoc. 609 Sidney Baker, Kemille, TX. 78028 -Tel. 210/ 896 6900pp~'1(,~1@~11@I~l' C~ LEGEND:, S IS -set iron stake I F 1P -found iron pipe ' PL -property line FC -fence corner d FL -fence line (wire) \ CL -chain link \ (??)- deed information ` ?/? - Vdume/page `T o ~ Kenneth W. & Bobbie ,`o A Ann WinCeld ~ i d ~ DOMINGUES & ASSOC. 609 SIDNEY BAKER ST. KERRVILLE, TEXAS 78028 . TEL. 2I0 896 6900 FAX 210 896 6901 Robert R. Woodward (this side) (this side) ~\ m y '9 ¢, ~ oa ~o ~~ ;a - - - - - - - - - - - - - - r - - - - - ... - - - - - - - - - - - - - - - ~ o ~ • ~ Survey No. 142 ' ~ Q ~ ~ J. S. Sydnor 246.2 acre tract ' ~ pl 1 Abstract No. 290 Alice Bank of Texas to Donald D. Wilson ' ~ ~ I 13th August, 1993 ° ~ ~ tract to 707/376 ' o ;t ~,,, - ' ' Shirley Ann James ~ ! , '' Substitute Trustee's Deed ' ~ ~ ) ' ~" 1 5th February, 1987 414/178 ~~,~,W. ~ ` Shirty James ~ n I (this side) ~ 10.28 acre tract 65 Acre . 0 ~ to Daniel Dryden Rees ~ . ~ and wife Loretta Rees a N ~ 314/745 Rees a ~ ' z (this side) LLi m 'r ' begimm~ corner south corner of 0.28 acre trad c u, most herly west corner 5.98 acre trail ~^ N located 0~7feet S58°00'W from a coot ROW ti marker, Mate coordinates ~ 808634.3162 feet, and E = 144593.9269 feet. -' ~ PAr E ~ O~~ Dr. Don Wilson ~ (this aide) \ ~ PAGES OF EXH181T'_°(~,_„ ~ °' ' ° ` ~ ,;~: ,9~ I \, N44°55'E ~ slso ---ay--------•---------Jame-s-Koad--•-~-••--- Q / ~ 5.98 acre tract ~ ~ ~ ~ Ellen Ora Rees James o to UGRA p~ i 212/558 0 200 400 ~ 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: t 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 dazed 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 tra~t~~ ~o~~ c rner of said 10.28 acre tract; ~~ . . SAGES OF EXHIBIT'" r ~~ 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 5.53°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. Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210/ 896 6901 PAGE 3 OF„~ ~~ '~?~;`~ .,~ r- PAGES OF EXHIBIT'." LEGENt):' S IS - seC iron stake F IP. -found iron pipe PL -property line FC -fence caner FL -fence line (wire) CL -chain link (??)- deed information ?/? - Vdume/page 52.56 acres Knapp I I I 12.5 acres Dwight R. Knapp to John & Sue I to William & Josephine Waggoman, Jr. I Dougherty Sept. 5, 1974 I d I 3rd Sept., 1969 175/125 (this side) I c I ^~ 51'E~ ~ ~ ~ 125 (ths/side) S ~/1 iS ~~ ~i'~ 3 v, v c a ;~ /~i ~ ~ M, ~~ y1•Z .p.\e`. N W en in '2------------------• fence f Betty Fritt 2' S.44°40'W.' - --~---~~"~~""-----"-'- 38.5 aches ' Linda Knapp Snyder to Betty Fritts I 25th June, 1980 2361540 l (this Side) _ _ - _ 163.5 I f J/1 ~ ence I I 19.55 acres ~ John R. & Hannelore Banister v to Robert R. Woodward I w 28th February, 1977 194/791 I Robert R. Woodward o ~ I (this side) ~A I N & Bobbi Kenneth W ~ q 30 . x I acres Ann Winfield I " H I H. W. Atkins (this side) ~ p' ' ~ I to Cd. George W. Hansen ~ ~ I 21st March, 1952 2/ 19 „ ~„ 4 9 Ewight R. Knapp ° E"' I ([his side) to Kenneth W. 8 ~ 11 Bobbie Ann Winfield ~ Survey No. 141 3rd. Sept., 197a - I i Joseph S. Anderson 175/39 Abstract No. 2 _fence - - - - - _ _ - - - I ~ - - - - - - - - - - - - - Survey No. 142 I ~ J. S. Sydnor I i ' Abstract No. 290 246.2 acre tract ' ' Alice Bank of Texas I to Donald D. Wilson ' ( ' tract to 13th August, 1993 Shirley Ann James 707/376 I Sub t't t T t D ed slue rusees e I I 5th February, 1987 d 414/178 D01~IIIVGITES & ASSOC. ~ I I (this side) 609 SIDNEY BAKER ST. PAGE / O~~ I 0 200 400 KERRVILI.E, TEXAS 78028 TEL. 210 896 6900 I ~Nfl/ ~ FAX 210 896 6901 ^ DES OF I B ~,,,° 9r GRAPHIC SCALE DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDNISION DESIGN SPECIALISTS Re: description of 0.73 acre, Betry Fritts, Kerr County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Ken, 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 fmm 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 corner 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 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 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 comer 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, 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 5.44°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 comer of subject tract; PAGE~OF~ "aOES OF EXHIBIT" F " ~NITj' f 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 1/2" 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 mazking 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 5.45°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, Chazles B. Domin 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. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210/ 896 6901 PAGE 3 OF 3 PAGES OF EXHIBIT'" L% ~i~llTj9 c SADDLE\SDEMC8-1.1D/031596 EARNEST MONEY CONTRACT PARTIES: KENNETB W. WINFIELD and wife, BOBBIE ANN WINFIELD (Seller) agrees to sell and convey to KERB COUNTY (Buyer) and Buyer agrees to buy from Seller the property described below. PROPERTY: 3.12 acres, as described on attached Exhibit A to be attached hereto upon receipt of survey. CONTRACT SALES PRICE: Cash payable at closing Sales Price FINANCING: $ /~ D S ~ S /b'O5 ,~ 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 Rerr 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 Buyer's expense. PROPERTY CONDITION: condition. PROBATIONS: Taxes s TITLE APPROVAL: If Title Policy shall indefeasible subject right to purchase an owner's title policy at Buyer accepts the Property in its present call be prorated through the Closing Date. a Title Policy is purchased by Buyer, the guarantee Buyer's title to be good and only to title exceptions approved by Buyer. CLOSING: The property to be acquired under this contract is one of five (5) contracts to be acquired by Buyer as a part of acquisition of right-of-way for the Thompson Drive/Spur 98/Bighwater Bridge Extension contemplated by the Texas Department of Transportation. It is anticipated that one (1) or more of the tracts will be acquired by use of Buyer's power of eminent domain. Accordingly, this contract will close within 1 SADDLE\SDEMC8-1.1D/031596 thirty (30) days from the date of acquisition of the other four (4) tracts to 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. SPECIAL PROVISIONS: The four (4) additional tracts to be acquired by Buyer are as follows: 1. 0.86 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. 1.41 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. 0.65 acres as shown on Exhibit D, said Exhibit D hereby incorporated herein by reference for all intents and DurAOSes as if copied herein verbatim. 4. 0.73 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: Principal and interest required on any existing loans necessary to obtain a release of the property (NOTE: Buyer will pay any prepayment penalties and other costs associated with obtaining a release), prorated ad valorem taxes, and Seller's attorney's fees. Buyer's Expenses: Buyer will pay all costs not stipulated to be paid by Seller in this contract. Buyer will pay for tax statements. Seller shall pay any delinquent taxes. Seller shall execute a General Warranty Deed provided by Buyer conveying title subject only to exceptions approved by Buyer. 2 SADDLE\SDEMCS-1.1D/03i596 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 (b) 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. 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 delivered at the addresses shown below. 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 3 SADDLE\SDEMCB-1.1D/031596 part of this contract, consult your attorney BEFORE signing. ACCEPTANCE: This Earnest Money Contract is an offer to purchase real property. This offer shall become null and void at 5:00 P.M. Central Standard Time, ten (10) days (inclusive of date of delivery) after date of delivery to Seller. SELLER'S ATTORNEY EXECUTED by Buyer on ~ - 19~. KERB COUNTY, a political subdivision of the State of Texas, BUYER By: ~v RO ERT A. N, Co my Judge EXECUTED by Seller on 19 Seller Seller Seller's Address Phone Number 4 SADDLE\SDEMCS-1.1D/03159b EARNEST MONEY RECEIPT Receipt of form of Earnest Money is acknowledged in the Escrow Agent: By: Date: 19 LEGEND: ~ s IS -set iron stake I I DOMINGUES & ASSOC. F IP -'found iron pipe I I 609 SIDNEY BAKER ST. PL -property line 52.56 acres Knapp I KERRVILLE, TEXAS 78028 FC -fence comer to John & Sue I I TEL 210 896 6900 FL -fence line (wire) Waggoman, Jr. ( FAX 210 896 6901 CL -chain link Sept. 5, 1974 I (??)- deed information 175/125 ?/? -Volume/page (this side) ~ ~'l I i~ e~ le / ~ ~~ u c; y i w . "- i ~ i ' ~~ ~ ~ I ~ , ~ ~ ~ ~ _ fence ------ _ ~cOa~-•------ Betty Fritts ~, 1s3.s -'•---••----•- •-~~-•--- fence (this side) o ~ v 38.s acres 4; ~ Linda Knapp Snyder ~ to Betty Fritts ~ ~ ~ 25th June, 1980 236/540 .~ `~ M (this side) 19.55 acres _ . "- ~~, John R. & Hannelore Banister /\/ to Robert R. Woodward ,s F ~ v ~ 28th February, 1977 Kenneth W. & `~ a •~ ~ (this side) c '~ Bobbie Ann ~ ~ `^ 30 acres c ~ ~ o H. W. Atkins °m ~" ~ to Col. George W. Hansen Winfield ~ a o Z 24st March, 1952 8.75 acres w ~ ~ 92/419 Ewight R. Knapp ~ a F (this side) to Kenneth W. & Bobbie '^ v Ann Winfield vi Survey No. 141 3rd. Sept., 1974 - 175/39 Joseph S. Anderson (this side) .as°o3' Abstract No. 2 _ _ _ _fence _ _ _ _ 122.0 I~ Survey No. 142 1 I ~ J. S. Sydnor 246.2 acre et ' I I Abstract No. 290 Alice Bank of Texas to Donald D. Wilson ' ~ 13th August, 1993 ' I ' 707/376 traM to I Shirley Ann James ' I Substitute Trustee's Deed r ' 5th February, 1987 -----'---- 1 ~ I 414/178 Rees (this side) 10 acre PAG F ~ ~ -' 0 200 400 (this side) ~ ~ ~~ 'n.SES OF EXTFg61T'„A,,,°^ \t41Tj9 RAPHIC 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 5.44°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; PAGE~OF„~ ~NITi,9 PAGES OF EXHIBIT' A " ~.~ 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 Slate 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. 2101 896 6900 -Fax 2101 896 6901 PnGE~OF~ i ~NlTi PAGES OF EXHIBIT`~,^ 9r LEGEND: s IS -set iron stake ' I DOMINGUES & ASSOC. F 1~ -found iron pipe ' PL -property line I 609 SIDNEY BAKER ST. FC -fence corner d KERRVILLE, TEXAS 78028 I TEL 210 896 6900 FL -fence line (wire) \ CL -chain link ~ FAX 210 896 6901 (??} deed information I ?/? -Volume/page ~ `o v ~ Kenneth W. & Bobbie Q Robert R. Woodward I Ann Winfield ~ (this side) (this side) I .. q v H 8.75 acres ~ g ~ Ewight R Knapp I a O ~ Beginning at old fence comer, to Kenneth W. & Bobbie g F, most northerly corner of Don Wilson tract, Ann Winfield I west cor r of Shirley Ann James, 3rd. Sept., 1474 Survey No. 141 I 175139 (this side) ~ Joseph S. Anderson 4s°03' _ __ ------------- - ' ' 113.2 --------------- W. N.4s 17 • Survey No. 142 ss.s ~Q~Q ~, Gv o ~ J• S. Sydnor 7~ 1n .~ ~ ~ r • ~ - ~ °w' 1 Abstract No. 290 246.2 acre tract Alice Bank of Texas to Donald D. Wilson 13th August, 1993 7071376 - 10.0 acre tract to Arlie Richard James 2201534 Rees 10 acre (this side) ~.i M V Q)~ a o` N o0 a' I tract t0 W Shirley Ann James S ~ ~ N Substitute Trustee's Deed 4q SS ~+' 5th February, 1987 W, 64.5 a ' 4141178 Shiny James ', I I (this side) I ~ ~~~ i=p~ d p ~ d h I 32.7 acre tract to ~ d ~' Shirley James Hilburn II 8 p' 2471209 I~ o`. F Dr. Don (ihls srde) PAGE 1 OFD. PAGES OF EXt1181T'~j,..° \1diTj9 v James Road A i~ s~ ~ H ~° I nab O I ~ ~ 200 400 F, ~ GRAPHIC SCALE DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDNISION DESIGN SPECIALISTS Re: description of 0.86 acre, Donald D. Wilson, Kerr County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Ken, 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 Kerr 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 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 Ken County, Texas, the west corner 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 corner 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 S.45°26'E. for a distance of 404.8 feet to a 1!2" iron stake found marking the north corner 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 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 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 corner of subject tract; PAGE~OF~ ~ ~1~9\ PAGES OF EXHIBIT'" ~~ V C / 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 ~AGE~OF~ ~NIti9 PAGES OF EXHIBIT"" LEGEND: S IS -set iron stake F IP -found iron pipe PL -property line FC -fence corner d FL -tense line (wire) \ CL -chain link \ (??)- deed information ?/? - Vdume/page ~ o GJ Kenneth W. & Bobbie I c •C Ann Winfield ~~ Q (this side) \\ I ~ ~ \ y Ira d 8.75 acres \ ~ ~ ~ Ewight R. Knapp '~ $ o ' to Kenneth W. & Bobbie , Ann Winfield 3rd. Sept., 1974 175/39 r (this side) ,~. ~' o0 0 246.2 acre tract 1 °r Alice Bank of Texas !" to Donald D. Wilson 1 N 13th August, 1993 Q ' 707!376 vi (this side) y ' i 10.28 acre tract to Daniel Dryden Rees and wife Loretta Rees 314/745 N.44°55'E 13.17 DOM/NGUES & ASSOC. 609 S[DNEY BAKER ST. KERRVILLE,TEXAS 78028 TEL. 210 896 6900 FAX 210 896 6901 Robert R. Woodward (this side) 0~ ~~. y~ Survey No. 141 ~ 5• Joseph S. Anderson tia'~, Survey No. 142 ~ase~ J. S. Sydnor Abstract No. 290 i tract to Shirley Ann James Substitute Trustee's Deed 5th February, 1987 414/178 ~ Shirly James 3 (this side) N N t!'1 Rees ' 10.28 acre ~ ~~ (this side) IZ 32.7 acre tract to Shirley James Hilburn 247/209 beginning corner south corner d James trail, 'a S most northerly east corner of 10.28 aae trail, I H ~.9. located 0.7feet S58°00'W from a cons ROW I ~~'SSD~ marker, State coordinates N= fi0B634.31t~ feet, ~' - - - - - - - - - - - and E =1944593.92t~ feet. N.44°~• _7t132 .----•-------••--••-----....1----•- - - - - - - - - - - - - - - - - - - - ~ ~ -Q James Road ~ _ _ J I ~ .8--------- I ~~ , ~ 5.98 acre tract ~ I o, ~ EIIen Ora Rees James PAGE_„[_0~ 3 Dr. Don Wilson I ~ ~ I to UGRA (this side) ,'t,; i 7~ ~~ I d ~ I 212/558 PAGES OF EXHI$1T" ~" 9t' I ;; I o 20o aoo I o I ~~ i ~ 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 -ess; 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 wii: BEGINNING at the south corner of said Shirley Ann James tract, being the ease 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 I4th 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 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 Shirley Ann James tract, the no~rthwes~t ~; line of said 5.98 acre tract, the southeast line of subject tract, p};~g qJt Fo "~~~,~~~ N.44°SS'E. for a distance of 183,7 feet to the east corner of subject tract; 'AGES OF EXHIBIT" 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, 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 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. r PAGE~,OF 3 Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 -Tel. 210! 896 6900 -x1~~~1 ~l~Jsllh3l(TI'~" L EGENO: S IS - sei iron stake F IP -found iron pipe PL -Property Ilne FC -lance corner FL -fence line (wire) CL -chain link (??)- deed information ?/? - Vdume/page 1 `' c v Kenneth W. & Bobbie ~ ,`o Q H DOM/NGUES & ASSOC. 609 SIDNEY BAKER ST. KERRVILLE, TEXAS 78028 TEL. 210 896 6900 FAX 210 896 6901 Robert R. Woodward (this side) Ann Winfield ~\ ~ ~-__~~ (this side) I d ~ ~ ~. m a ., loo \~_ -- ~ c ~, ~ Survey No. 142 ' '~ Q ~ ~ J. S. Sydnor 246.2 acre tract ' ~ pl ' Abstract No. 290 Alice Bank of Texas ' ~ ~ I to Donald D. Wilson 13th August, 1993 ' c I tract to 707/376 d Shirley Ann James ~~ ,' Substitute Trustee's Deed ~ 5th February, 1987 _ _ i s.aa°ss~w. n~ ' 414/178 I ~ N Shirly James I°,~ n' (this side) ~ 10.28 acre tract 0.65 Acre ~ ~ to Daniel Dryden Rees I ~ and wife Loretta Rees `n^ M 31a~7as Rees N ~ ~ ZI (this side) ~ ~m begimm~ corner south corner of 0.20 acre trail o ~ mast so~herly west corner 5.98 acre tract ~^ N located 0~7feet S58°00'W from a coot ROW N ~ N 3 to 60 E marker, Mete coordinates f~ 808634.3162 feet, ~_ andE=1~44593.92f~feet. ~ ----,°----------- -----------i------- •---~. -..--.Jame"s-R'oad_..-+------ J I > ,8------------ j . I Q / ~ 5.98 acre tract ~ ~ ~ ~ Ellen Ora Rees James Dr. Don Wilson ~ ~ .. p to UGRA P.aGE ~ OF 3 (this aide) ~~~~ v p, i 212/558 PAGES OF EXH181T'~.," ' ~~:'~r~`~ ~l ° ~ ~ 20o aoo 4~ 1 i [~, ~ GRAPHIC SCALE P 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: r 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 5.58°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~r~~ tl;e~o~corner of said 10.28 acre tract; PAGES OF EXHIBIT"" ~ ~'r 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. Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210! 896 6900 -Fax 210/ 896 6901 PAGE 3 OF ~ {~ ytl PAGES OF EXHIBIT" D " LEGEUU:" I 12.5 acres 52.56 acres Knapp S IS -set iron stake to John & Sue I Dwight R. Knapp F IP -found iron pipe I I to William & Josephine Waggoman, Jr. PL =property line Se t. 5 1974 I Dougherty FC -fence corner 175%125 I I ~ 3rd Sept., 1969 FL -fence line (wire) (this side) w ~ 140/197 CL -chain link 25 S~~E' I F ~ IZ (this side) (??)- deed information S 30 6 ?/? - Vdume/page 1/2 /S ~ ^. ~' ~ ~3 w "' ~ Q w W ~ ~ N / ~ ~ ~ 2 O ~ ~ ~ , ~ ~ ,~'i ~ vi fence Betty Fri 2' 5.44°40'W. '------------- -- - - -------------------------- f 38.5 acres I Linda Knapp Snyder to Betty Fritts I 25th June, 1980 2361540 I (this side) _ _ - _ 163.5 I f ~/2 /s ence I I 19.55 acres I John R- b Hannelore Banister to Robert R. Woodward V I w 28th February, 1977 194/791 I Robert R. Woodward `o ; I (this side) ~A I N Kenneth W. & Bobbi ~ x c ~ 30 acres Ann Winfield I u H ~ H. W. Atkins , (this side) m a' to Cd. George W. Hansen ~ ~ ~ 21st March, 1952 o ,~ I 92/419 Ewight R. Knapp a` F I (this side) to Kenneth W. & II Bobbie Ann Winfield ~ ~-1 Survey NO. 141 3rd. Sept., 197a - I I Joseph S. Anderson 17s/39 I Abstract No. 2 _ _ _ -fence _ _ - - - - - - - - - - - - - - - - - - - - - I ~ Survey No. 142 i ~ J. S. Sydnor Abstract No. 290 246.2 acre tract ' I Alice Bank of Texas to Donald D. Wilson ' I I tract to 13th August, 1993 Shirley Ann James 707/376 I Substitute Trustee's Deed ' 5th February, 1987 d 414/178 ~M~GUFS &.4SSOC. ' ~ I ([his side) 609 SIDNEY BAILER ST. pAGE ' - 0 200 400 ICERRVILLE, TEXAS 78028 ~ ~ I ; E~ITj TEL 210 896 6900 - J FAX 210 896 6901 PAGES OF EXHI81`i~'~," ~ GRAPHIC SCALE DOMING UES & A SSOC. PROFESSIONAL LAND SURVEYING SUBDNISION DESIGN SPECIALISTS Re: description of 0.73 acre, Betty Fritts, Ken County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, comprising 0.73 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 corner 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 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, 2469, of record in Volume 140, page 197, 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 mazking 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 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°SO'W. 163.6) to a fence corner post, a re-entrant comer of said 38.5 acre Fritts tract, the south corner of subject tract; PAGE,~pF„~ 'AGES OF EXHIBIT'~° ~NlT~ ~„c~ '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 1!2" 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, 1474, 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 corner post, found marking the north corner 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 prepazed by, Charles B. Domin es, Registered Professional Land Surveyor No. 1713. ~i les B. mingue 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. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210/ 896 6901 PAGfl~OF~ PAGES OF EXHIBIT' C " l~ \NIt~ SADDLE\SDEMC8-1.IJ/031596 EARNEST MONEY CONTRACT PARTIES: SBIRLEY ANN JAMES (Seller) agrees to sell and convey to KERB COUNTY (Buyer) and Buyer agrees to buy from Seller the property described below. PROPERTY: 1.41 acres, as described on attached Exhibit A to be attached hereto upon receipt of survey. CONTRACT SALES PRICE: Cash payable at closing Sales Price FINANCING: S D , ob $ D , ~'D 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) contracts 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 (1) or more of the tracts will be acquired by use of Buyer's power of eminent domain. Accordingly, this contract will close within 1 SADDLE\SDEMCS-1.1J/031596 thirty (30) days from the date of acquisition of the other four (4) tracts to 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. 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. 0.86 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. 0.65 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. 0.73 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: Principal and interest required on any existing loans necessary to obtain a release of the property (NOTE: Buyer will pay any prepayment penalties and other costs associated with obtaining a release), prorated ad valorem taxes, and Seller's attorney's fees. Buyer's Expenses: Buyer will pay all costs not stipulated to be paid by Seller in this contract. Buyer will pay for tax statements. Seller shall pay any delinquent taxes. Seller shall execute a General Warranty Deed provided by Buyer conveying title subject only to exceptions approved by Buyer. 2 SADDLE\SDEMC8-1.1J/031596 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 (b) 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. 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 delivered at the addresses shown below. CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract. READ ZT 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 3 SADDLE\SDEMCB-1.1J/031596 part of this contract, consult your attorney BEFORE signing. ACCEPTANCE: This Earnest Money Contract is an offer to purchase real property. This offer shall become null and void at 5:00 P.M. Central Standard Time, ten (10) days (inclusive of date of delivery) after date of delivery to Seller. SELLER'S ATTORNEY ~J,~; ~. EXECUTED by Buyer on v / `-I9 KERB COUNTY, a political subdivision of the State of Texas, BUYER By: t~.l~ ~ 5r~.--- ROB~RT A. ~'N , Cou y Judge EXECUTED by Seller on 19 Seller Seller Seller's Address Phone Number 4 SADDLE\SDEMCB-1.1J/031596 EARNEST MONEY RECEIPT Receipt of form of Earnest Money is acknowledged in the Escrow Agent: By: Date: 1g LEGEND: ; . DOMINGUES & ASSOC. S I a set uoh stake ' I 609 SIDNEY BAKER ST. FIP-found iron pipe KERRVILLE,TEXAS 78028 PL -property line ' I TEL. 2t0 896 6900 FC -fence corner { FAX 210 896 6901 FL -fonts line (wire) I \ CL -chain link \ (??)- deed Information ?/? - Volumdpege ~ o v Kenneth W. & Bobbie •~ ` Robert R. Woodward Ann Winfield o I "~ A I _~ (rhisside) (this side) ~ x ~ O I ~- ~ '. y u 8.75 acres '•~ ~ ~ ~ Ewight R. Knapp ~ I $~ to Kenneth W. & Bobbie d \ ~ ~ Ann Winfield ~ I ~ y>, 3rd. Sept., 1974 _ yo'' Survey No. 141 175/39 ~ I I ~ 5. Joseph S. Anderson (this side) -------------- -- '~c --- - ~ _ -------------• T tis~, Survey No. 142 " Q ~~'e. J. S. Sydnor 246.2 acre tract ' ~ e ~ Abstract No. 290 Alice Bank of Texas '~' to Donald D. Wilson ' N 13th August, 1993 ~ 1 ~ tract to 707/376 ~ Shirley Ann James ~ (this side) - i r' N.44°55'E 13.77 10.28 acre tract ' to Daniel Dryden Rees ' and wife Loretta Rees 314/745 ' Rees 10.28 acre (this aide) I beginning corner south corner d James trail, I most northerly east corner of 10.28 acre trail, located 0.7feet S58°00'W from a coot ROW ---~ ( marker, State coordinates N= 008634.3162 fee[, and E =1944593.9269 feet. i ~\ Pt{GE ~ ®F 3 Dr. Don Wilson (this side) °"rEB OF EXl{IB1T'~° ~%di?~,~ f' - / „'. --~ Substitute Trustee's Deed 5th February, 1987 414/ 178 i ~ Shirly James 3 (this aide) N N N z 32.7 acre tract to Shirley James Hilburn 247/209 S ~S. 1~,s `f0. ~'3 ~ ..-_Q-ttiiz..._.....--•~ainesRoad ---•-•---- ~~ ~ 5.98 acre tract ~ Eilen Ora Rees James ~ ~ to UGRA h ~ 212/558 ~~ I ~ 0 20o aao o 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 comer 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 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 southeast line of subject tract, a direction of N.44°55'E. for a distance of 1ffi.7 feet to the east corner of subject ~E 1 OF ~ "GES OF EXHIBIT" ~ " 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 5.89°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 -ine 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 line of said 10.28 acre tract, a direction of 5.47°23'E., for a distance of 550.7 feet to the place of beginning. r~trf/E 1 Or~ ~-/ 1 Domingues & Assoc. -' 609 Sidney Baker, Kerrville, TX. 78028 -Tel. 210/ 896 6900 - ~~~~'laStYP~~" LEGEND: ~ s IS -set iron stake ~ I DOMINGITES & ASSOC. f IP -found iron pipe I I 609 SIDNEY BAKER ST. PL -property line 52.56 acres Knapp I KERRVILLE, TEXAS 78028 FC -fence corner to John & Sue TEL 210 896 6900 FL -fence line (wire) Waggoman, Jr. I FAX 210 896 6901 CL -chain link Sept. 5, 1974 I I (??)- deed information 175/125 ?/? -Volume/page (this side) ~ ~" I /~~~ ~~ I C; y w ~ `r ~ / I ~ fence ------ ~0~~_------ Betty Fritts ~, 1s3.s -•-----~-----• - -- o fence (this side) M v 38.5 acres 4i v Linda Knapp Snyder m Q to Betty Fritts °- 25th June, 1980 ~ ~ ~ 236/540 ~ ~' r+'i (this side) _ s 19.55 acres _ ~ . - \ ~ ~2, John R- & Hanneiore Banister /l ~6• 6•, to Robert R. Woodward ,~, F c v ~ 28th February, 1977 Kenneth W. & o .L ~ (this side) ~~ / c Bobbie Ann ~ ~ "' 30 acres o ~' ~ ~ H. W. Atkins Winfield ~ ~ ~~ to Col. George W. Hansen ~ a O Z 2fist March, 1952 8.75 acres 9' ~ ~ 92/419 Ewight R. Knapp ~ s F" (this side) to Kenneth W. & Bobbie ~ Ann Winfield vii Survey No. 141 3rd. Sept., 1974 - 175/39 (this .ride) .4s°o3' Joseph S. Anderson fence 122.0 Abstract NO.2 ------ -- -- ------- ~ ~ Survey No. 142 ~ ~ J• S. Sydnor ?A6.2 acre ct I I I Abstract No. 290 Alice Bank of Texas ' to Donald D. Wilson ~ I 13th August, 1993 ' I I 707/376 tract to I Shirley Ann James ' I Substitute Trustee's Deed I 5th February, 1987 --------------~-d \WlT~9 4141178 Rees I ~ ~ (this side) 10 acre p1+GE~0 ~ o zoo aoo (this side) ~((~~ ~ ~ ~~ PAGES OF EXHI ~^ GRAPHIC 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 folCows, 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 [he 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; PAGE~OF,~ \N1Tj9 PAGES OF EXHiBiT'~,^ ~` ' 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 Ken County, Texas, being in a southeast line of said Survey No. 141, Joseph S. Anderson, [he northwest line of Survey No. ]42, 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, Kerrville, TX. 78028 Tel. 2101 896 6900 -Fax 210! 896 6901 V-l~'' PPaG>=~GF~ si~iT;9, PAGES OF EXH1BiT"~" ~ LEGEND; S IS -set lion stake F It' -found iron pipe ' PL -property line FC -fence corner { FL -fence line (wire) \ CL -chain link (??} deed information \ ?/? - Vdume/page `I Kenneth W. & Bobbie Ann Winfield \ (this side) 8.75 acres Ewight R Knapp to Kemeth W. & Bobbie Ann Winfield 3rd. Sept., 1974 175139 (this side) `o ~ ,r6 A e u ~ X Q u H ~a ~~ ~~ ~ F. ------ N.4517'W. 113. 55.8 ~.aQ~Q D. Gv ern V 246.2 acre tract Alice Bank of Texas to Donald D. Wilson 13Ut August, 1993 7071376 - 10.0 acre tract to Arlie Richard James 2201534 Rees 10 acre (this side) Survey No. 142 J. S. Sydnor Abstract No. 290 a o~ ~0 v tract to N 00 w I Shirley Ann James "v+ ~ N Substitute Trustee's Deed 5.44 5$•K, 64 5 ~ y i 5th F 4141 71 8~ 1987 Shiny James I, I ' (this side) ~~ ~i ~ ~~AI M ~' ~ m H' 32.7 acre tract to I ~ ~ ~ Shirley 71209 tlburn I~ a H I --1\,'----------- Dr. Don Wll PAGE~OF~ ltha side) _ ,. ~1.1IT'9 PAGES OF EXHIBIT'" ~ ` ~~ DOMING UES & ASSOC. 609 SIDNEY BAKER ST. KERRVILLE, TEJ(AS 78028 TEL 210 896 6900 FAX 210 896 6901 Robert R. Woodward (this side) Beginning at dd fence corner, most northerly corner of Don Wilson tract, west corner of Shirley Mn James, Survey No. 141 Joseph S. Anderson v James Road 'i~ i A i o ~ '^ I v~ I ~ I 0 200 400 F, ~ GRAPHIC SCALE DOMING UES & A SSOC. PROFESSIONAL LAND SURVEYING SUBDNISION DESIGN SPECIALISTS Re: description of 0.86 acre, Donald D. Wilson, Kerr County, Texas. A11 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 Atice 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 corner post, the most northerly corner of said 246.2 acre tract, 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, 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" iroa stake found marking the north corner of that 10.0 acre tract which was conveyed to Arlie Richazd 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 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; PAGE~OF~, ' ~~wtTj9 ~, j PAGES OF EXHIBIT' C'~^ 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 IV'.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 PAGE~OF 3 PAGES OF EXH18lT' C " ,'~llTj9 LEGEND: S I$ -set iron stake l F IP -found iron pipe ' PL -property line FC -fence corner d FL -lance line (wire) \ CL -chain link \ (??)- deed information ?!? - Volumdpage c ; Kenneth W. & Bobbie I ~ Q Ann Winfield ~. u ..y I.~, DOMlNGUES & ASSOC. 609 S[DNEY BAKER ST. KERRVILLE, TEXAS 78028 TEL. 210 896 6900 FAX 210 S96 6901 Robert R. Woodward (this side) (this side) \ I d 0 I ~ -~ a $~ I ~~I~___I I I ~ 0 7 € H I Survey No. 142 '~ A I ~ J. S. Sydnor 246.2 acre tract ' x of ' Abstract No. 290 Alice Bank of Texas °' to Donald D. Wilson ' ~ ~ I 13th August, 1993 ' c I ~~ tract to 707/376 ~ ~,,, Shirley Ann James -, ~~-l'F!', I Substitute Trustee's Deed 5th February, 1987 ~~,~,W, n.7'~I ~ 414/178 Shiny James N I ~ r` ' (ih14 Side) I 10.28 acre tract 0.65 Acre ~ N I to Daniel Dryden Rees ' I and wife Loretta Rees ~ ~ I ~ 314/745 Rees N I z `I I (thi4 aide) W ' ~~ beginnin corner south corner of 0.28 acre trail c N moat herly west corner 5.98 acre tract v+ N located 017teet S58°00'W from a coot ROW ~ ~ ~' N 31a 60 E marker, Mate coordinates N=808634.3162 feet, andE=/~44593.9269feet. ~ ----,'----------- - - - - - - - - - - - - - - - - - - --------- ----- ---- J -James Koad I > .s---------r--- ~ Q / ~ 5.98 acre tract ~ I ~ q q~ Ellen Ora Rees James PAr E~OF 3 Dr. Don Wilson I 'N p I to UGRA (this side) \ ~ ~ p, I 212/558 PAGES OF EXHIBIT' ~ " J'+~%.~. 1 o zoo 400 ~~~~ I ~ ~ 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: l 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 lath 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 ac~A~c~~t~rth corner of said iQ~28 acre tract; / `~~li\ SAGES OF EXHIBIT' ~ " ~ ~l ~' " 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. Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210! 896 6901 PAGE~OF 3 1N/~~~ PAGES OF EXHIBIT'" r LEGE4t): S 15 - set'iron stake F IP -found iron pipe PL -property line FC -fence corner FL -fence line (wire) CL -chain link (??} deed information ?/? - Vdume/page 52.56 acres Knapp ~ 12.5 acres to John & Sue I I Dwight R. Knapp Waggoman, Jr. I I to William & Josephine Dougherty Sept. 5, 1974 I i ~ 3rd Sept., 1969 175/125 y 140/197 (this side) I _c S.E. I '~ , I.L\S (this side) S 7~2 /S i i~ 3 ~ h i r i ~ °vf ~ a i ~ ~~Z ~/ / ^~~! ,~`^A %; ~ d ? V c N 1^O ~ ~ y~ M' ~+f N O ~ vi fence 2' 5.44°40'W. F fence Betty Fritt -~~~- 38.5 acres I Linda Knapp Snyder to Betty Fritts I 25th June, 1980 ' 2361540 (this side) - _ - 163.5 I tiZ ~S I I 19.55 acres ' John R. & Hannelore Banister I m to Robert R. Woodward v ~ 28th February, 1977 I` 194/791 .. I Robert R. Woodward c ; I (this side) SA I N & Bobbi Kenneth W ~ % o I 30 acres . Ann Winfield I d h I H. W. Atkins , (this side) m CS. ~ I to Cd. Gewge W. Hansen I ~ 21 st March, 1952 8.75 acres o ,~ a H I I 92/419 id Ewight R. Knapp I e) (this s to Kenneth W. & I Bobbie Ann Winfield r ~' f Survey No. 141 3rd. Sept., 1974 - I I Joseph S. Anderson 17s/39 I Abstract No. 2 _ _ _ _fence - - - - - _ _ - - - - I ~ - - - - - - - - - - - - Survey No. 142 I ~ J. S. Sydnor ' i ' Abstract No. 290 246.2 acre tract ' ' Alice Bank of Texas I to Donald D. Wilson ' I ' tract to 13th August, 1993 Shirley Ann James 707/376 I Substitute Trustee's Deed ~ 5th February, 1987 ' d ~ 414/178 DOMINGUES & ASSOC. ~ I ' (this side) 609 SIDNEY BAKER ST. ~ I ' 0 200 400 KERRVfi i F, TEXAS 78028 PAGE / F~ TEL 210 896 6900 ~- ~ ~~ I ~,fIT~9` GRAPHIC SCALE FAX 210 896 6901 PAGES OF EXHIBI ,fL i V'~' DOMING UES & A SSOC. PROFESSIONAL LAND SURVEYING SUBDNISION 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 corner 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 comer 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, 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 corner post, a re-entrant comer of said 38.5 acre Fritts tract, the south corner of subject tract; PAGE,~OF~ PAGES OF EXHIBIT'j~° ~NlTj9 ~'._/ 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 1!2" iron stake set mazking 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 corner post, found mazking the north corner 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. Domin ues, Registered Professional Land Surveyor No. 1713. ~i les B. omingue August, 1995 Registered Professional Land Surveyor No. 1713 Only those prints containing the reined seal should be considered official and relied upon ny the user. Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210/ 896 6901 PAGE~OF.~~% ~NlT~9 PAGES OF EXHIBIT' F=" ~ SADDLE~SDEMC8-1.1R/031596 EARNEST MONEY CONTRACT PARTIES: LORETTA BEES (Sellery agrees to sell and convey to KERB COUNTY (Buyer) and Buyer agrees to buy from Seller the property described below. PROPERTY: 0.65 acres, as described on attached Exhibit A to be attached hereto upon receipt of survey. CONTRACT SALES PRICE: Cash payable at closing Sales Price FINANCING: $ 7 6 3 . cra ~ f $ /7 6 w 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 Buyer's expense. PROPERTY CONDITION: condition. PROBATIONS: Taxes s TITLE APPROVAL: If Title Policy shall indefeasible subject right to purchase an owner's title policy at Buyer accepts the Property in its present call be prorated through the Closing Date. a Title Policy is purchased by Buyer, the guarantee Buyer's title to be good and only to title exceptions approved by Buyer. CLOSING: The property to be acquired under this contract is one of five (5) contracts to be acquired by Buyer as a part of acquisition of right-of-way for the Thompson Drive/Spur 98/Bighwater Bridge Extension contemplated by the Texas Department of Transportation. It is anticipated that one (1) or more of the tracts will be acquired by use of Buyer's power of eminent domain. Accordingly, this contract will close within 1 SADDLE\SDEMCS-1.1R/031596 thirty (30) days from the date of acquisition of the other four (4) tracts to 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. 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. 1.41 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. 0.73 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: Principal and interest required on any existing loans necessary to obtain a release of the property (NOTE: Buyer will pay any prepayment penalties and other costs associated with obtaining a release), prorated ad valorem taxes, and Seller's attorney's fees. Buyer's Expenses: Buyer will pay all costs not stipulated to be paid by Seller in this contract. Buyer will pay for tax statements. Seller shall pay any delinquent taxes. Seller shall execute a General Warranty Deed provided by Buyer conveying title subject only to exceptions approved by Buyer. 2 SADDLE\SDEMC8-1.1R/031596 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 (b) 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. 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 delivered at the addresses shown below. 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 3 SADDLE\SDEMCS-1.1R/031596 part of this contract, consult your attorney BEFORE signing. ACCEPTANCE: This Earnest Money Contract is an offer to purchase real property. This offer shall become null and void at 5:00 P.M. Central Standard Time, ten (10) days (inclusive of date of delivery) after date of delivery to Seller. SELLER'S ATTORNEY EXECUTED by Buyer EXECUTED by Seller on on ///6I/~C.~~ -~ , 19~ ~~~ KERR COUNTY, a political subdivision of the State of Texas, BUYER By : ~ U ~ ~-~---- RO RT A. E ON, County Judge 19 Seller Seller's Address Phone Number 4 SADDLE\SDEMC8-1.1R/031596 EARNEST MONEY RECEIPT Receipt of $ Earnest Money is acknowledged in the form of Escrow Agent: By: Date: 19 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: 7 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 [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, 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 comer 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 corp~{(~~ims~, acre tract, the north corner of said 10.28 acre tract; PAGES OF EXHIBfT'~" t~f T'9r 7~Sa, 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. Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210/ 896 6901 PAGE~OF 3 / ~~ld r~ SAGES OF EXHIBtT°~,_° LEGEND: S IS -set iron stake F IP -found iron pipe I ~ PL =property line 52.56 acres Knapp FC -fence comer to John & Sue FL -fence line (wire) Waggoman, Jr. CL -chain link Sept. 5, 1974 ( ~ (??)- deed information 175/125 ?/? - Vdume/page (this side) ~ ~ '` ~ / / C~ ~ rV, w / ~ ~ , DOMING UES & ASSOC. 609 S[DNEY BAKER ST. KERRVILLE, TIXAS 78028 TEL 210 896 6900 FAX 210 896 6901 ~ ~ fence ---_--- - -- ~02~•------_- Betty Fritts ,,, 163.5 '•---•"'• ~•- (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 Win£eld c fence M v W V o~ P N v M ~ y M ~ c ~ m s ~" 19.55 acres •~2, John R. & Hannelore Banister 0 a u.i a N c yr > is o.L~ '~ ~ e 3 ~~ y O N y y O a ~~ d~~ o. O Z o ,~ a F. 3rd. Sept., 1974 - 175/39 (this side) ~ 1.45°03'~ fence II 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 ~ 4 Survey No. 142 i ~ J. s. syanor 246.2 acre t et ` ~ I Abstract No. 290 Alice Bank of Texas to Donald D. Wilson ' ~ 13th August, 1993 ' ~ ' 707/376 tract to ~ Shirley Ann James ' ~ Substitute Trustee's Deed 1NIT~ 5th February, 1987 --------------~~ ' 9r 414/178 Rees (this side) 10 acre Pr'y' OF~ I ~ 0 200 400 (this side) PAGES mF EJ0111B~"'~° GRAPHIC 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 folCows, 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 Ken 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 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 5.33°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; pgrE~OF~ PAGES OF EXHIBIT',,," \NITj9 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 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, [he northwest tine of Survey No. 142, J. S. Sydnor; THENCE with the.southeasi 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 tine 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 Pt':GE,~OF~„ PAGES OF EXtit$i7"'~,° iN T~9 LEGEND: S IS -set iron stake F IP -found iron pipe PL -property line FC -fence corner fL -fence line (wire) CL -chain link (??)- deed information ?/? - Ydume~pege Kenneth W. & Bobbie Ann Winf (rnis aide) 8.75 acres Ewight R. Knapp to Kenneth W. & Bobbie Ann Winfield 3rd Set 1974 r 41 o ~ c •~ G I .N Q v o I x v y I va ~~ I ~ ~ a F 175/39 p' (this side) .r c % m ,: 0 246.2 acre tract ~ ~ Alice Bank of Texas W to Donald D. Wilson ' N 13th August, 1993 707/376 \, I vi (this side) ~ ' --------='--------r 10.?8 acre tract to Daniel Dryden Rees and wife Loretta Rees 314/745 Rees 10.28 acre (this side) beginning corner south corner of James trod, most northerly east corner d 10.28 acre trail, located 0.7feet S58°00'W from a coot ROW marker, State coordinates H= 80B(f34.3182 feat, N.44°55'E 13.17 i i i -~ i i ~i and E .1944593.9269 feet. ----------J------- /-~ Dr. Don Wilson \ ~1~: PAGES OF EXN181T'~ .~, •., '~ ~.~ DOMINGUES & ASSOC. 609 SIDNEY BAITER ST. KERRVILLE, TEXAS 78028 TEL. 210 896 6900 FAX 210 896 6901 Robert R. Woodward (this side) ~~ ~y~. o Survey No. 141 0. 5' Joseph S. Anderson tis~° Survey No. 142 .use`s J• S. Sydnor Abstract No. 290 tract to Shirley Ann James Substitute Trustee's Deed 5th February, 1987 414/178 r~ Shirly James 3 (this side) N N IZ 32.7 acre tract to Shirley James Hilburn 247/209 S 'n eg. l ` ~ss ~ `Z •? N.44°55' - - - - - - - - - - - -•---.f83-Z-..--•- -•-----------•--....-'-•---- James Road ' y ~ _ _ _ I _ _ ~ ~ ~ 5.98 acre tract Ga ~ Ellen Ora Rees James ~ to UGRA ~ H ~ 212/558 ~~ I ~ o zoo aoo o Fem.., ~ 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 Sth 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 coq,veyed 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 chat 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 Hilts 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 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 Shirle Ann James tr h }west line of said 5.98 acre tract, the southeast line of subject trac~~'ax~~~ti6tr of '~ N.44°55'E. for a distance of 183.7 feet to the east corner of subject- EXHIBIT''--- 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 5.89°50'W. for a distance of 135.3 feet [o 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 fine 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 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 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 5.45°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. ?aGH 3 0~ 3 Domingues & Assoc. _ 609 Sidney Baker, Kerrville, TX. 78038 - TeI. 210/ 896 6900 -`1°s'~S'~iF ®(~tle~ar,~,° LEGEIVl7.' ' S IS -set iron'stake F IP -found iron pipe PL -property line FC -fence corner FL -fence line (wire) CL -chain link (??r deed information ?/? - Vdume/page 52.56 acres Knapp to John & Sue Waggoman, Jr. Sept. 5, 1974 175/125 (this side) ~ S ~,2 iSS I 12.5 acres I Dwight R. Knapp I to William & Josephine Dougherty I v 3rd Sept., 1969 I w ~ 140/197 ~G •~ ~ X12 (this side) .: y• / r ~ Q w ~ Uf ~ i ~ ~ M, /~ ~•Z ' ~. Betty Fritt 2' ~ 5.44°40'W ' 163.5 385 acres I Linda Knapp Snyder to Betty Fritts I 25th June, 1980 236tsao ~ (this side) _ - - _ n co N W v7 M N Q y fence _ -.____ --_-__ -~Gd~-- I F f,2 fence iS I I 19.55 acres John R. b Nannelore Banister m to Robert R. Woodward I ~ 28th February, 1977 I` 194/791 I Robert R. Woodward c ; I (this side) 5A I c Kenneth W. & Bobbi ~ % o I 30 acres Ann Winfield I °' a I -+. w. Atldns (this side) ~ to Cd. George W. Hansen o Q I 21st March, 1952 ,~ I 92/419 8.75 acres I ri F I (this side) Ewight R. Knapp I to Kenneth W. & Bobbie Ann Winfield Survey No. 141 3rd. Sept., 1974 - I I Joseph S. Anderson 175/39 I Abstract No. 2 -fence _ _ - - - - - - - - - - - - - - - - - - - - - I ~ Survey No. 142 I ~ J. S. Sydnor Abstract No. 290 ' 246.2 acre tract 1 I Alice Bank of Texas to Donald D. Wilson ' I I tract to 13th August, 1993 Shirley Ann James 707/376 I Substitute Trustee's Deed ~ 5th February, 1987 ' d ~ 414/178 DONIIlVGUES & ASSOC. ' I l (this side) 609 SIDNEY BAILER ST. ~ I I 0 200 400 ICERRVILLE, TEXAS 78028 PAGE 1 F~ ' _ TEL. 210 896 6900 FAX 210 896 6901 '°gGES OF EXHIBI'1~",~° jN1T;9r GRAPHIC SCALE DOMINGUES 8z 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 corner 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 corner of that 30 acre tract which was conveyed from H. W. Atkins, to Cot. 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 comer 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, being in Knapp Road, and located a distance of 12.0 feet a direction of N.45°OS'W. from a 12" 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 corner post, a re-entrant comer of said 38.5 acre Fritts tract, the south corner of subject tract; PAG i=~OF~ i~t 1T~9 f PAGES OF EXHIBIT'„ jj,;" 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 1!2" 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 Keir 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. Domin 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. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210/ 896 6901 PAGE~OF~ PAGES OF EXHIBIT' IJ " '"'.~1 tTjq r LfGENU: s IS -set iron "stake ' I DOMINGUES & ASSOC. F I' -found iron pipe ' 609 SIDNEY BAKER ST. PL -property line FC -fence corner ` i KERRVILLE, TEXAS 78028 FL -fence line (wire) \ TEL. 210 896 6900 CL -chain link ~ FAX 210 896 6901 (??)- deed information I ?/? - Vdume/page `0 4J ~ Kenneth W. & Bobbie ~ Q Robert R. Woodward ( Ann Winfield m p (this side) (this side) I o ~ 8.75 acres ~ ~ ~ Ewight R. Knapp ( $ O I Beginning at dd fence corner, to Kenneth W. & Bobbie g F, most northerly corner of Dan Wilson tract, Ann Winfield I west c r of Shirley Ann James, 3rd. Sept., 1974 Survey No. 141 I 175139 {this side) I Joseph S. Anderson 45°03' ---• ------------- ---- ' ° 713.2 ------------ 17 W. N.4s • Survey No. 142 T ^n ss.s G~ o dom ~ ~ J• S. Sydnor . . • ~ ~ ~ Abstract No. 290 ~ 246.2 acre tract Alice Bank of Texas to Donald D. Wilson 13th August, 1993 7071376 - 3 e N Sg455w 6 Q ~` ~ ~ ~ tract to W Shirley Ann James ~ N Substitute Trustee's Deed N ~ 5th February, 1987 4.5 y I 4141178 Shirly James '~ I (this side) ~ ' ~ .A, m ^ ~~ ~ d H' 32.7 acre tract to ~ d fl' Shirley James Hilbuty II 8 ~' 2471209 I~ o~ 10.0 acre tract to Artie Richard James 2201534 Rees 10 acre (this side) Dr. Don Wi] PAGE.,,j_OF~ (this side) „ ~NiT'9 PAGES OF EXNIBIT'~-- t v James Road 'C i A e q 4~ y h vat 0 200 400 E,, ~ GRAPHIC SCALE DOMING UES & A SSOC. PROFESSIONAL LAND SURVEYING SUBDNISION DESIGN SPECIALISTS Re: description of 0.86 acre, Donald D. Wilson, Kerr County, Texas. All that certain tract or parcel of land, tying 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 corner post, the most northerly corner of said 246.2 acre tract, 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, the west comer of that tract which was conveyed to Shirley Ann James, by Substitute Trustee's Deed dated the Sth day of February, 1987, of record in Volume 414, page 178, of the Real Property Records of Kerr County, Texas, for the north corner 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 S.45°26'E. for a distance of 404.8 feet to a 1/2" iron stake found marking the north corner 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 comer of subject tract; THENCE with a southeast line of said Donald D. Wilson tract, the northwest Iine 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; PAGE~OF _'~- ~ ~r PAGES OF EXHIBIT' f," r} ~j~ 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 ~AO~~OF~ PAGES OF EXNI$1T'~." \NIT~ SS~ 9~ (\,c¢