ORDER NO. 30565 RATIFY TXDOT CONDEMNATION ACQUISITION OF 3.954 ACRES AT AIRPORT Came to be heard this the 8th day of October, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 3-0-0 to: Approve ratifying TXDOT condemnation acquisition of 3.954 acres at the airport, and authorize County Judge to sign closing documents on behalf of Kerr County in connection with such acquisition. 3oS6~ l.1 `~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT ~,--°... MADE BY: Judge Tinley OFFICE: County Judge MEETING DATE: October 8, 2007 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to ratify TXDOT condemnation acquisition of 3.954 acres at airport and authorize County Judge to sign closing documents on behalf of Kerr County in connection with such acquisition. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 PM previous Tuesday Buyer's Closing Statement 9/27/07 11:48 AM File 28615 Kerr County Abstract & Title Co. (830) 257-5151 Buyer's Closing Statement Buyer(s) City of Kerrville, 800 Junction Hwy., Kerrville, TX 78028 County of Kerr, Courthouse, Kerrville, TX 78028 Seller(s) Patrick Stokes Eunavae Stokes Lender Property Lot pt 1, Shady Grove Closing date None Proration date None Bank 2 -Wells Fargo Bank Texas, N.A. Escrow Unit 1 -Kerr County Abstract & Title Co., Ltd. Escrow Officer Diane Green Contract Sales Price ................................................................. Prorations: County taxes From 1!1/2007 to 9!28/2007 @ $0.81534!day ....................................................................................... Schooltaxes From 1/1/2007 to 9/28/2007 @ $1.673261day ....................................................................................... Title Charges: Title insurance to Kerr County Abstract & Title Co. $1,625.00 .................................................................. Owner's coverage to Kerr County Abstract & Title Co. Liability amount $246,500.00 ................................................................................................................. State of Texas Policy Guaranty Fee to Guaranty Fee Transfer ................................................................... Federal Express Fee to to Kerr County Abstract & Title Co ....................................................................... Tax Certificate to to Kerr County Abstract 8 Title Co ................................................................................. Escrow Fee to to Kerr County Abstract & Title Co ..................................................................................... Debit Credit 246,500.00 220.14 451.78 1,625.00 1.00 12.00 20.00 175.00 Recording Fees/Transfer Charges: Recording fees: to Kerr County Abstract & Title Co. Deed $36.00; Release $24.00 ............................................................................................................... 60.00 Subtotal: 248,393.00 671.92 Balance due from Buyer: 247,721.08 Totals: 248,393.00 248,393.00 THE UNDERSIGNED, by the execution hereof, hereby (i) acknowledgethat they have read the above and foregoing Closing Statement, (ii) acknowledgethat the same is true and correct, and (iii) authorize and direct the Closing Agent to receive all amounts and disburse all amounts pursuant to the foregoing Closing Statement. It is mutuallyunderstoodand agreed the taxesare estimatedand in case of adjustmentsamewill be made betweenthe parties hereto. The Closing Agent is relieved of any responsibility with the adjustment of said taxes. Page 1 Buyer's Closing Statement 9/27/07 11:48 AM File 28615 i r _m---- r r 6' By: C Print Mailing Address: B y: B y: Page 2 s/27/o7 12on Pnn l111A0 AI.. Henn n A. U-S. Department of Housing VVL-VLVJ B. Type of Loan and Urban Development 1. [ ]FHA 2. [ ] FMHA 3. [ ]Conv. Unins. 4. [ ] VA 5. [ ]Conv. Ins. [X] Other. 6. File Number 28615 7. Loan Number Settlement Statement 8. Mortgage Ins. Case No. C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked ("POC") were paid outside the closing: they are shown here for information ur oses and are not included in the totals. D. Name of Borrower: City of Kerrville, 800 Junction Hwy., Kerrville, TX 78028 County of Kerr, Courthouse, Kerrville, TX 78028 E. Name of Seller: Patrick Stokes Eunavae Stokes F. Name of Lender: G. Property Location: Lot pt 1, Shady Grove H. Settlement Agent: Kerr County Abstract & Title Co. (830) 257-5151 Place of Settlement: 712 Earl Garrett, Kerrville, TX 78028 I. Settlement Date: None Proration Date: None J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross amount due from borrower: 400. Gross amount due to seller: 101. Contract sales price 246,500.00 401. Contract sales price 246,500.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 1,893.00 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance: 106. Cityltown taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. School Taxes 409. Sdhool taxes 110. 410. 111. 411. 112. 412. 120. Gross amount due from borrower: 248,393.00 420. Gross amount due to seller: 246,500.00 2Q0. Amounts paid by or in behalf of the borrower: 500. Reduction in amount due to seller. 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 0.00 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 1,139.58 205. 505. Payoff of second mortgage loan 206. Option Fee 506. Option Fee 207. 507. 208• 508. 209. 509. Adjustments for items unpaid by seller: Adjustments for items unpaid by seller. 210. City/town taxes 510. City/town taxes 211. County taxes 1/1!2007 to 9/28/2007 220.14 511. County taxes 1/1/2007 to 9/28/2007 220.14 212. Assessments 512. Assessments 213. School taxes 1/1/2007 to 9/28/2007 451.78 513. School taxes 1/1/2007 to 9/28/2007 451.78 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total paid by/for borrower: 671.92 520. Total reduction in amount due seller: 1,811.50 300. Cash at settlement from/to borrower: 800. Cash at settlement to/from seller. 301. Gross amount due from borrower (line 120) 248,393.00 601. Gross amount due to seller (line 420) 246,500.00 302. Less amount paid by/for borrower (line 220) 671.92 602. Less total reduction in amount due seller(line 520) 1,811.50 303. CASH (X)FROM QTO BORROWER 247,721.08 603. CASH QFROM (X)TO SELLER 244,688.50 su~sst r r u rE roRM lose SELLER STATEMENT -The information contained in Blocks E, G, H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404), 406, 407 and 408-412 (applicable part of buyer's real estate tax reportable to the IRS) is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. SELLER INSTRUCTION - If this real estate was your principle residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of form 4797, Form 6252 and/or Schedule D (Form 1040). rou are requrreo oy raw to provrae Herr Vounry Nosuact a r me t,o. tusuf zoi-a~r a~i witn your correct taxpayer raennncatron numoer. If you do not provide Kerr County Abstract & Title Co. (830) 257-5151 with your correct taxpayer identification number, you may be subject to civil or criminal penalties. Patrick Stokes ,. ,;~:,.~,~@~ t',Cf'18f @$: 9/27i07~12:00 PM ., ,,, , . ,. File't~tumt}er' 28615" --- 700. Total sales/broker commission Paid From Paid From Division of commission (line 700) as follows: Borrower's Seller's 701. $ Funds at Funds at 702' $ Settlement Settlement 703. Commission paid at settlement 704. 705. The following Persons, Firms of Corporations received a 706. portion of the Real Estate Commission as shown above: 707. 800. Items payable in connection with loan 801. Loan origination fee 802. Loan discount 803. Appraisal fee 804. Credit report 805. Lender's inspection fee 806. Mortgage insurance application fee 80T. Assumption fee 808. Flood Certificate 809. Processing fee 810. Underwriting fee 811. Tax service fee 812. 813. 814. Yield spread premium 9Q0: Items required by lender to be~aidtnadv8nca 901. Interest from 902. Mortgage insurance premium for 903. Hazard insurance premium for 904. 905. 1000, Reserves deposited with lertde; 1001. Hazard insurance 1002. Mortgage insurance 1003. City property taxes 1004. County property taxes 1005. Annual assessments (maint.) 1006. School property taxes 1007. 1008. 1009. Aggregate Adjustment 1100. Title charges 1101. Settlement or closing fee 1102. Abstract or title search 1103. Title examination 1104. Title insurance binder 1105. Document preparation 1106. Notary fees 1107. Attorney's fees to includes above items no.: 1108. Title insurance to Kerr County Abstract & Title Co. 1,625.00 includes above items no.: 1109. Lender's coverage 1110. Owner's coverage $246,500.00 $1,625.00 1111. State of Texas Policy Guaranty Fe to Guaranty Fee Transfer 1.00 1112. Federal Express fee to to Kerr County Abstract & Title Co. 12.00 1113. Tax Certificate to to Kerr County Abstract & Title Co. 20.00 1114. Escrow Fee to to Kerr County Abstract & Title Co. 175.00 1115. Fax/Copy Fee to 1116. 1200. Government recording and, transfer charges 1201. Recording fees: Deed $36.00 Release $24.00 60.00 1202. City/county tax/stamps: 1203. State tax/stamps: 1204. 1205. 1206. 13D0. Additional settlement charges = 1301. Survey to 1302. Pest inspection to 1303. Property Inspection to 1304. 1305. 1400. Total settlement charges (entered on lines 103, section J and 502, section K) 1,893.00 0.00 i have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of ail rece made on my accoyrSt,,br by mein this transaction. I further certify that I have received acopy ofHUD-1 Settlement Statement. Patrick Stokes County of Ke -.._- Eunavae Stokes o the best of my knowledge, the HUD-1 Settlement Statement which t have prepared is a true and accurate account of the funds which were received and have been or will be isbursed by the undersigned as part of the settlement of this transaction. Kerr County Abstract & Title Co. Date SELLER'S AND/OR PURCHASER'S STATEMENT Seller's and Purchaser's signature hereon acknowledges his/their approval of tax prorations and signifies their understanding that prorations were based on taxes for the preceding year, or estimates for the current year, and in the event of any change for the current year, all necessary adjustments must be made between Seller and Purchaser; likewise any default in delinquent taxes will be reimbursed to Title Company by the Seller. Title Company, in its capacity as Escrow Agent, is and has been authorized to deposit all funds it receives in this transaction in any financial institution, whether affiliated or not. Such financial institution may provide Title Company computer accounting and audit services directly or through a separate entity which, if affiliated with Title Company, may charge the financial institution reasonable and proper compensation therefore and retain any profits therefrom. Any escrow fees paid by any party involved In this transaction shall only be for checkwriting and input to the computers, but not for aforesaid accounting and audit services. Title Company shall not be liable for any interest other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. Sellers and Purchasers hereby acknowledge and consent to deposit of the escrow money in financial institutions with which Title Company has or may have other banking relationships and Further consent to the retention by Title mpany and/or its affiliates of any and all benefits (including advantageous interest rates on loans) Title Company and/or its affiliates may receive from such financial lions by reason of their maintenance of/1 said escrow accounts. ThA nartiPC haves rPari tho ahnNa ¢PncPC rannnni~P that fha rartitatinnc hc+rAin aro matc+rial anrao to camp and rornnni~a TitlA (:mm~anv is rclvinn nn the aamo secs/Borrgyvers„n /~ / Sellers Patrick Stokes ~ f Kerr Eunavae Stokes NG: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and tment. For details see: Title 18: U.S. Code Section 1001 and Section 1010. TAX PRORATION AGREEMENT To: Kerr County Abstract & Title Co. RE: GF No. 28615 Date: Property: All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas; comprising 3.954 acres, more or less; being part of Lot 1, Shady Grove, according to plat recorded in Volume 1, Page 48, Plat Records of Kerr County, Texas; and being more particularly described by metes and bounds in Exhibit "A". This indicates our understanding of the handling of the property taxes in the referenced transaction. Since the property taxes for the current year cannot be determined at this time, the purchasers will be given credit for their share of the current year's taxes, in consideration of which purchaser will pay the full tax for the year when taxes are due. This amount is based on an estimate only, since current figures are not yet available. The purchasers have also been made aware that they must take a copy of their recorded deed when received to the Central Appraisal District in order to have the taxes changed into their names and file for any exemptions, which apply. If the actual tax assessment exceeds the estimated amount prorated at closing, seller agrees to immediately reimburse the purchaser the additional sum owed for the period from January 1 up to the closing date. Should the actual tax assessments be less than the estimated amount prorated at closing, purchaser agrees to immediately reimburse the seller the excess amount prorated/credited at closing. All parties understand that Kerr County Abstract & Title Co. will not be responsible for, nor will they be involved in, this tax proration settlement. It is agreed that Seller and Purchaser will contact each other directly, and the refund will be paid immediately upon written notification (with supporting documentation) from the other party that same is due. SELLER(S): Patrick Stokes Stokes ): WAIVER OF INSPECTION AND I?ISCLOSURE TO OWNER TO: Stewart Title Guaranty Company ("Title Insurer") Kerr County Abstract & Title Co. ("The Company") RE: Patrick Stokes and Eunavae Stokes to City of Kerrville and County of Kerr GF (File) Number: 2861.5 Land: All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas; comprising 3.954 acres, more or less; being part of Lot 1, Shady Grove, according to plat recorded in Volume 1, Page 48, Plat Records of Kerr County, Texas; and being more particularly described by metes and bounds in Exhibit "A". 1. Waiver of Inspection You may refuse to accept an exception to the Qwner's Policy for "Rights of Parties in Possession." "Rights of Parties in Possession" shall mean one or more persons or entities who are themselves actually physically occupying the property or a portion thereof under a claim or right adverse to the insured owner of the property as shown in Schedule A of the Policy. The Company may require an inspection of the property and an additional charge maybe assessed for reasonable and actual costs of such an inspection. The Company may make additional Exceptions for matters the inspection reveals. If you do not delete this paragraph, you consent to this Exception and waive inspection of the land. YOU MAY REFUSE TO ACCEPT THIS EXCEPTION BY MARKING OUT THIS PARAGRAPH 1. 2. Receipt of Commitment You acknowledge having received and reviewed a copy of the Title Commitment issued in connection with this transaction. You understand that your Owner Policy will contain the Exceptions set forth in Schedule B of the Commitment, and any additional Exceptions to title resulting from the documents involved in this transaction, and any additional Exceptions reflected by an exhibit attached hereto. 3. Survey You may request amendment of the "Area and Boundary Exception" to read "Shortages in Area." The Area and Boundary Exceptions is as follows: "Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements." You must furnish a current survey. The survey must be acceptable to the Company. You also must pay an additional premium equal to 15% of the basic premium charge. The Company may make additional exceptions for items shown on the survey. YOU MAY REQUIRE AMENDMENT OF THE AREA AND BOUNDARY EXCEPTION BY MARKING OUT' THIS PARAGRAPH 3, AND BY COMPLYING WITH ITS PROVISIONS BEFORE COMPLETION OF THIS CLOSING 4. Arbitration This paragraph does not apply to the Residential Owner Policy (T-1R). The parties must later agree to arbitrate under the Residential Owner Policy (T-1R). You may require deletion of the arbitration provision of the Owner Policy. If you do not delete this provision, either you or the Company may require arbitration, if the law allows. There is no charge to delete this provision. IF YOUR POLICY IS NOT A TEXAS RESIDENTIAL OWNER POLICY (T-1Rl YOU MAY REQUIRE DELETION OF THE ARBITRATION PROVISION BY MARKING OUT THIS PARAGRAPH 4 5. Notice You may wish to consult an attorney to discuss matters shown in Schedule B or C of the Commitment. These matters will affect your title and use of your land. Your Title Insurance Policy will be a legal contract between you and the Titled Insurer. The Commitment and Policy are not abstracts of title, title reports or representations of title. They are contracts of indemnity. We do not represent that your intended use of the property is allowed under the law or under the restrictions or exceptions affecting your property. Date: of Kerrville ~' ---~+ , C unty of Ker FT (6/2001) .Kerr County Abstract & Title Co. PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE File No.: 28615 Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Kerr County Abstract & Title Co.. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to nonaffiliated companies that perform services on our behalf. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information. about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.