~ ~. _ _ S30s' ~ THE STATE OF TEXAS X COUNTY OF KERB X BE IT REMEMBERED that there was begun and holden on the 9th day of January 1984, at 10:00 o'clock A. M., in the City of Kerrville, Texas, a Regular Term of the Commissioners' Court, with the following officers present: GORDON S. MORRISS County Judge FRED HOLLAND Commissioner Precinct 1 EDWARD D. HIGGINS Commissioner Precinct 2 VICTOR LICH Commissioner Precinct 3 BILLY JOE GUTHRIE, JR. Commissioner Precinct 4 and the Court having duly opened, the following proceedings were had: APPLICATION TO CANCEL SUBDIVISION PLAT THE STATE OF TEXAS X THE COUNTY OF KERR X KNOW ALL MEN BY THESE PRESENTS: TO THE HONORABLE COMMISSIONERS COURT OF KERR COUNTY, TEXAS: COME NOW, the undersigned, who are the present legal and equitable owners of all and every part of the real property hereinafter described and located in Kerr County, Texas; said real property having been subdivided and platted in the Plat Records of Kerr County, Texas, and, pursuant to Art. 6626d, V.A.T.S., make this their application to the Commis- sioners Court of Kerr County, Texas, for permission to cancel all of the said subdivision so as to throw said lands back into acreage tracts as they existed prior to the making of said subdivision, and for such application would respectfully show unto the Court the following: I. That the undersigned are the present legal and equitable owners of all and every part of the real property located, lying and being situated within CARTER LAKE ESTATES subdivision. II. CARTER LAKE ESTATES subdivision is located and situated in Kerr County, Texas. III. CARTER LAKE ESTATES subdivision and the lands located and subdivided within said sub- division are more fully shown by the platted subdivision thereof recorded in Volume 4, Page 53, Plat Records of Kerr County, Texas, to which plat and its record reference is here made _, for all purposes. IV. CARTER LAKE ESTATES subdivision was filed for record in the office of the County Clerk of Kerr County, Texas, on the 28th day of April, 1976, and is a re-plat in part and a renam- ing of the former RAINBOW LAKE subdivision filed of record in Volume 3, Page 76, of the Plat Records of Kerr County, Texas. CARTER LAKE ESTATES contains the same property as was included in said RAINBOW LAKE subdivision. V. The undersigned are all the owners of all the land lying and situated in said subdivision, their respective interests being set forth opposite their signatures below. VI. The undersigned legal and equitable owners of all and every part of said subdivision hereby apply to said Commissioners Court for permission to cancel all of said subdivision so ~' as to throw the lands back into acreage tracts as they existed before said subdivision was made, and hereby request said Commissioners Court to grant such permission as provided by law. ___. _ .___...__ __. ~_. ..._ ._..~ v ... _ _ ., __ _. _ _._._.__~____ ii __. i ~ VII . ~,~~ The cancellation of said subdivision will not interfere with the established rights of ii 11 any owner of adjoining property. VIII. The undersigned owners of all legal and equitable rights to said subdivision request the Commissioners Court to enter an Order cancelling said subdivision and place upon the Minutes of such Court its Order authorizing the owners of the land to cancel the same by written instrument describing said subdivision so cancelled, as designated by the Court IX. Upon the filing of this application, the undersigned owners of the land in said sub- division, request that the Commissioners Court cause notice to be given of this application as prescribed by law. Further, the undersigned owners request that said Commissioners Court set a specific time, date and place to hold a hearing on this application, and that action be taken on this petition at a regular term of Court. X. CARTER LAKE ESTATES and none of the lands located within the said subdivision are included in any incorporated City or town. WHEREFORE, PREMISES CONSIDERED, the undersigned, after due notice and hearing hereon, pray for an Order to be placed upon the Minutes of the Commissioners Court granting to said owners permission to cancel all of said subdivision so as to throw the said lands back into acreage tracts as they existed before such subdivision was made and for such Order to grant to the undersigned owners such other permissions and matters as are ancillary and necessary to effectuate this Order and as are authorized by Art. 6626d, V.A.T.S. Respectfully submitted, Buyer under Contract on Tracts No. 5 and 6 of said /s/ D. D. Newton CARTER LAKE ESTATES sub- /t/ DOROTHY D. NEWTON, (being one division and the same person as Dorothy Davidson Newton) Individually and as Independent Executrix of the Estate of George Mayo Newton, Deceased /sJ James E. Stehling /t/ JAMES E. STEHLING /s/ Joe. M. Pruneda, Jr. /t/ JOE M, PRUNEDA, JR. /s/ Bobbi Fay Pruneda /t/ BOBBI FAY PRUNEDA /s/ William C. Braden Jr. /t/ WILLIAM C. BRADEN, JR. Js/ Peggy E. Braden /t/ PEGGY E. BRADEN /s/ Michael Eugene Burney /t/ MICHAEL EUGENE BURNEY Owner of Tract No. 30 of said RAINBOW LAKE subdivision Co-Owner of Tract No. 61 of said RAINBOW LAKE subdivision Co-Owner of Tract No. 61 of said RAINBOW LAKE subdivision Co-Owner of Tract No. 62 of said RAINBOW LAKE subdivision Co-Owner of Tract No. 62 of said RAINBOW LAKE subdivision Owner of 1.6 acres as shown on the CARTER LAKE ESTATES plat as part of Tract 83 /s/ John L. Givens, Jr. Owner of CARTER LAKE ESTATES subdivision Jt/ JOHN L. GIVENS, JR. except for the interests in Tract No. 5, 6, 30, 61 and 62, and 1.6 acres described above SWORN TO AND SUBSCRIBED TO BEFORE ME, the undersigned authority, by DOROTHY D. NEWTON, ''Individually and as Independent Executrix of the Estate of George Mayo Newton, Deceased, on ', this the 1st day of November, 1983. (SEAL) /s/ Thomas N. Givens Notary Public in and for Kerr County, Texas. My commission expires 10/7/87 Jp/ THOMAS N. GIVENS Printed or typed name of Notary SWORN TO AND SUBSCRIBED TO BEFORE. ME, the undersigned authority, by JAMES E on this the 1st day of November, 1983. (SEAL) /s/ Thomas N. Givens STERLING, I; Notary Public in and for Kerr County, Texas. My commission expires 10/7/87 /p/ THOMAS N. GIVENS Printed or typed name of Notary SWORN TO AND SUBSCRIBED TO BEFORE ME, the undersigned authority, by JOE M. PRUNEDA, JR., on this the 25 day of November, 1983. (SEAL) /s/ Bernard Stieler Notary Public in and for Kendall County, Texas. My commission expires 3-31-85 /p/ BERNARD STIELER Printed or typed name of Notary ' SWORN TO AND SUBSCRIBED TO BEFORE ME, the undersigned authority, by BOBBI FAY PRUNEDA, on this the 25 day of November, 1983. (SEAL) /s/ Bernard Stieler Notary Public in and for Kendall County, Texas. My commission expires 3-31-85 /p/ BERNARD STIELER Printed or typed name of Notary SWORN TO AND SUBSCRIBED TO BEFORE ME, the undersigned authority, by WILLIAM C. BRADEN, JR., on this the 20th day of Oc tober, 1983. (SEAL) /s/ Carol C. Schmitz Notary Public in and for Harris County, Texas. My commission expires 2-13-85 /p/ CAROL C. SCHMITZ Printed or typed name of Notary SWORN TO AND SUBSCRIBED TO BEFORE ME, the undersinged authority, by PEGGY E. BRADEN, on this the 20th day of October, 1983. (SEAL) /s/ Carol C. Schmitz Notary Public in and for Harris County, Texas. My commission expires 2-13-85 /p/ CAROL C, SCHMITZ i Printed or typed name of Notary SWORN TO AND SUBSCRIBED TO BEFORE ME, the undersigned authority, by MICHAEL EUGENE BURNEY, on this the 5th day of November, 1983. ~', (SEAL) /s/ Thomas N. Givens Notary Public in and for Kerr County, Texas. My commission expires 10/7/87 /p/ THOMAS N. GIVENS Printed or typed name of Notary SWORN TO AND SUBSCRIBED TO BEFORE ME, the undersigned authority, by JOHN L. GIVENS, JR „!~ on this the 26th day of September, 1983. (SEAL) Filed 7th day of Dec. A.D. 1983 at 4:45 P.M. PATRICIA DYE Clerk County Court, Kerr County, Texas By /sj Dorothy L. Pfeiffer Deputy /s/ Jacksie Davis Notary Public in and for Kerr County, Texas. Ply commission expires 8/31/84 JACKSIE DAVIS. Notary Public, Kerr County, Texas Printed or typed name of Notary i NOTICE On this the 12th day of December, 1983, the Commissioners' Court of Kerr County, Texas, received notice of a filing of an application by the present legal and equitable owners of all and every part of the lands known as CARTER LAKE ESTATES, a subdivision, as more fully shown by the plat thereof recorded in Volume 4, Page 53 of the Plat Records of Kerr County, Texas for permission to cancel all of such subdivision, so as to throw said lands back into acreage tracts as they existed before said subdivision or any predecessor subdivision was I made; Said CARTER LAKE ESTATES subdivision is a re-plat in part and a renaming of the former subdivision known as RAINBOW LAKE recorded in Volume 3, Page 76 of the Plat Records of Kerr i County, Texas; Said application was made pursuant to llrticle 6626d, V.A.T.S., and said application prays for the Commissioners' Court to give due notice and hold hearing thereon as required by law; NOW THEREFORE, it is ORDERED by the Commissioners Court that notice be given of said application by publishing said application in some newspaper, published in the English lang- uage, in Kerr County, Texas, for at least three (3) weeks prior to action thereon by the said Commissioners Court. The Commissioners Court hereby sets and orders a hearing on said application to be held at 10:00 o'clock A.M. on the 9th day of 3anuary, 1984, in the Courtroom of the Commissioners ~I Court located in the County Courthouse of Kerr County, Texas, in Kerrville, Texas; the said ,; ,~,} date being at a regular term of said Court at which time action will be taken on said petition';', ~+ and further, this notice hereby commands any and all persons interested in said lands to ~. appear at the time specified in this notice to protest if desired against such action and suchl~ 1' ;. " application. A copy of said Application to Cancel Subdivision Plat immediately follows this notice. '~: I.' SIGNED and ORDERED on this the 12th day of December 1983. /s/ Gordon S. Morriss /t/ CORDON S. MORRISS, County Judge Commissioners Court Kerr County, Texas Publish December 17th, 24th and 31st, 1983 IN THE MATTER OF THE Carter Lake Estates THE STATE OF TEXAS, ~ ss. Forrest Salter being duly sworn, says that he is the publisher COUNTY OF KERR X of THE KERRVILLE MOUNTAIN SUN, a newspaper of general circulation which has been continuous- ly and regularly published for a period of not less than one year in the County of Kerr, Statei of Texas, preceding the date of the attached notice, and that the said notice was published in said paper as follows: First insertion 17th day of December 1983 . Second insertion 24th day of December 1983 u{~ ~'4- Third insertion 31st day of December 1983 Fourth insertion -- ---- - day of ---- ----- --- 19----- /s{ Forrest Salter Printer's fee $------ Publisher. Subscribed and sworn to before me, this 2nd day of January 1984 Witness my hand and official seal. (SEAL) Filed 4th day of Jan. A.D. 1984 PATRICIA DYE - i Clerk County Court, Kerr County, Texas j By /s/ Dorothy L. Pfeiffer Deputy /s/ J. M. Rickhoff /t/ J. M. Rickhoff Notary Public, Kerr County, Texas my commission expires 11-10-85 _._ __ r ORDER N0. 15305 ON this the 9th day of January, 1984, came an to be heard the Application to Cancel Subdivision Plat I heretofore filed on the 7th day of December, 1983, by Ibrothy D. Newton, James E. Stehling, Joe M. Pr~meda, Jr., Bobbi Fay Prineda, William C. Braden, Jr., Peggy E. Braden, Michael Eugene Burney and John L. Givens, Jr., present legal and equitable owners of all and every part of the lands located, lying and being situated within Carter Lake Estates, a subdivision lying and being situated - - - - - - - - - wholly within Kerr County, Texas, which said subdivision is more fully shown by the platted subdivision of said lands, recorded in Volume 4, Page 53, of the Plat Records of Kerr County, Texas, to which plat and its record reference is here made for all purposes. The Commissioners Court of Kerr County, Texas, finds that said Carter Lake Estates Subdivision is a re- plat in part and a rena,n;nro of the former Rainbow Lake subdivision filed of record in Volume 3, Page 76, of the Plat Records of Kerr County, Texas, and that Carter Lake Estates contains the satre property as was included in said Rainbow Lake subdivision. The Commissioners Court of Kerr County, Texas, further finds that Dorothy D. Newton, James E. Stehlin,g, Joe M. Primeda, Jr., Bobbi Fay Pruneda, William C. Braden, Jr., Peggy E. Braden, Michael Eugene Burney, and John L. Givens, Jr., are the present legal and equitable owners of all the lands situated within said sub- division and that they have requested that all of the said Carter Lake Estates subdivision be cancelled so as to throw said lands back into acreage tracts as they existed before said subdivision or its predecessor subdivision was made, pursuant to Article 6626d, V.A.T.S. Further, the Commissioners Court of Karr County, Texas, finds that proper notice of such application was given by causing the same to be published in a newspaper, published in the English language, in Kerr County, Texas, for at least three (3) weeks prior to the action on said application to cancel subdivision; that said notice did set a specific time, date and place to hold a hearing on said application; that the said hearing of this action of the Commissioners Court did occur at a regular term of said Court; further, that said notice did command that any person interested in such lands appear at the time specified in said notice to protest, if desired, against such action and that all prerequisites required by law to cancel said sub- division have in all things been performed, occurred, accon~lished and complied with. The said Commissioners Court finds that neither said Carter Lake subdivision nor any of the lands located within said subdivision are located in any incorporated city or town. The Commissioners Court ftffther finds that the Owners, by anal through their attorney, appeared and requested the approval of said Application to Cancel Subdivision Plat; that no person appeared to protest against said application and that the said Commissioners Court should enter an Order cancelling said sub- division, and place upon the Minutes of this Court its Order authorizing said Owners of said subdivision to ~ cancel the same by written instnmwsut, describing the said subdivision as a whole. It is therefore, ORDERID, ADJUDGID and DECREID by the Commissioners Court of Kerr County, Texas that ~! Dorothy D. Newton, James E. Stehling, Joe M. Pruneda, Jr., Bobbi Fay Pruneda, William C. Braden, Jr., Peggy E. Braden, Michael Eugene Burney, and John L. Givens, Jr., being the present legal and equitable owners of i all the lands located, lying, and being situated within the subdivision known as Carter Lake Estates, located and being situated in Kerr County, Texas, as nnre fully shown by the plat thereof recorded in Voluane 4, Page 53,, of the Plat Records of Kerr County, Texas, be, and they are hereby authorized to wholly cancel said subdivision as a whole and to throw said lands back into acreage tracts as they existed before said subdivision or its predecessor subdivision was made, upon an easement being filed with the County Clerk of Kerr County, Texas, granting John L. Givens, Jr., James E. Stehling, Dorothy D. Newton and Michael Eugene Burney, an easement to j their respective properties. ~, Motion made by Commissioner Guthrie, seconded by Commissioner Higgins, and same unanimously approved by the Commissioners Court of Kerr Coumty, Texas. ~' k!d e '~~~ __ ., . SIGNED this 9th day of January, 1984. /s/ Gordon S. Marriss /t/ CORDON S. MORRISS, County Judge Kerr County, Texas o-o-o-o-o-o-o-o-o-o N0. 15306 APPROVAL OF CLAIMS AND ACCOUNTS On this the 9th day of January 1984, came on to be considered by the Court, the various claims and accounts against Kerr County and the various Commissioners' Precincts, since the last term of Court, which claims and accounts against Kerr County and the various Commis- sinners' Precincts, since the last term of Court, have bee~a appxav~ed - - - - - - ', ;~ ~~ for payment by the Auditor and Treasurer, in amounts and out of Road & Bridge No. 1, 2, 3 I and 4, General, County Law Library, Jury, Lateral Rd. 2, Revenue Sharing, Juvenile State Aid,f Public Library and 216th District Probation Funds. l Motion made by Commissioner Holland, seconded by Commissioner Lich and unanimously approved by the Court, o-o-o-o-o-o-o-o-o-o NO. 15307 ORDER TO ADVERTISE FOR BIDS FOR A COMPUTER INDEXING SYSTEM FOR THE COUNTY CLERK'S OFFICE On this the 9th day of January 1984, upon motion made by Commissioner Guthrie, seconded by Commissioner Holland, it was unanimously approved by the Court that the County Judge Morriss be authorized to advertise for a computer indexing system for the County Clerk's Office. ~'! Specifications are on file at the office of the County Clerk of Kerr County, Texas. Bids to be received until 10:00 o'clock A. M „ February 13th, 1984, at which time all bids will be publicly opened and read. Kerr County reserves the right to reject any and all bids. Notices to be published in the Official Newspaper of Kerr County, Texas, January 11th and January 18th, 1984. o-o-o-o-o-o-o-o-o-o N0, 15308 APPROVAL OF APPOINTMENT OF NINE PUBLIC MEMBERS TO SERVE ON THE SALARY GRIEVANCE COMMITTEE On this the 9th day of January 1984, upon motion made by Commissioner Higgins, seconded by Commissioner Lich, it was unanimously approved by the Court that nine public members be appointed to serve on the Salary Grievance Committee for the year 1984, in compliance with Article 3912k, Subsection (b) (4), Vernon's Texas Civil Statutes. f, it o-o-o-o-o-o-o-o-o-o ~~' N0, 15309 SELECTION OF NINE PUBLIC MEMBERS TO SERVE ON A SALARY GRIEVANCE COMMITTEE On this the 9th day of January 1984, upon motion made by Commissioner Guthrie, seconded ` by Commissioner Lich, and in compliance with Article 3912k Subsection (b) (4), Vernon's Texas Civil Statutes, the Court unanimously approved selection of nine public members to serve on a Salary Grievance Committee for the year 1984, as follows: Harvey Brinkman 215 Stoneridge Dr Kerrville, TX 78028 Frances Burns PO Box 144 Ingram, TX 78025 Vera Mae Green 312 Pearl St. Kerrville, TX 78028