_,~.i~:(; ~ ~. s:{I::_i~;~", i ~: Ci~~.i ~~~~~ i~;:I~:i:l~Ik:_'v:,"~ ii! t fNi=ii~fl~jul~a FEE=tk:i` [7t:. 1-lL_{__i._. , .x,.43....: ~~__H' I.J ... .._ ~ ..r, _. ~.....: J rt ~! 1 ~ `-i l! ''l ~? 1iS :! P:: 1.. .. q ~_I h: LJ I I SII`_? k< .!. Cl 7-i ail t:! (~ C: i=1 ••i' .~. I : ~l lil ;TS 1 _~ t5 :L t.i }-~ ~? )~ ` I_ ~ i -i f''r" y 'o c' __ ii Ii E;~ c.' r:~ t~ `j' _~ ::i 'il !il .l s ~ 1 l?'il f~ 'r'• (~ s:i ~. t= ~- %"! !l ~:: n , i'l t`~:~:_trk: unanimously approved by a vote of 4-0-0, 'k; _:: CiL~tar,r3ir; %.4~~ T' E: r {; <.: Ci {_i'k: ; i r 'f' !-~i 1, ], % t ` ~., . ;.~ i 1. iif k; :t. r< ~ r ~ u ! P. 'r~ t .!. 7. ~t ° 1 fi ~ ~ ~: 'r~ i'"' C: r i {_ I~ t7 : i-{ :._ 1= { ;:~ ~~ .k- ~'; f"i ~ r C: <~t i:j . t*1 ~ . .._ ~ i. 1 ~ ~ :_ :~ i ._ ;Es ~ {, _ y E:a r{ i. ~:i =; ;-, , n ;u 'i' ~l: ;:t 7"~ C1 r~ ~. ~ F' ~~ __. ~ ± ._.. ~ra ;=t , , I° _ r i {_ ~'=''_l?l ~ -. ~ , L: s ' !T1 7. T': LJ ct 'k Li r ~ i , 2s'r" _ i Tl C~ ca'~ Eri i'i (sl't L~J i i ? r~ ~ '~, i l i= r= ii ~~ ~:~:.,-. .~ I'"~ rYa ,' i? iH C! i] P s i" s %'€~ t-''r" '= ~ ~ F. , j: . '^~ '°y { t ~~ y ~ ~r ~i~'~~.J. r.. !'j i T' ',. r,. .__ t-r.L.. ~ cr-•'_ s.Ci'r7 ~i7.1 nC• ].C::~~g~'r~ ~a~: ma~.nt•~i~{e,cl i•1y .~h~' I;r{_lT{+_y :'tfiCj ~T'ii5 ~'i7;::~~~{~~~ :L5 L.li~,)r.C:~; 1, !] ~;~L?Ifl15~].~:~il c7 'I" ct Cj~?r?r~ 1` i ~ i~~ m :~I i.'.. ~ ~ 7. tt~ E; i Tt r ~ r: i'. <.? 'r~'r~ C: D {_t T1'4~: y . f~11 .l ~ p 5:• ~ i. T"{ [~j I'i i~ '~1 % i] ~~' r• >•'s c1 Ci i i +=: by M~>.. '.~:~~nl;iri~~, r,ie C}v~i~i::r~. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Richard w. wolf MEETING DATE: November 12, 1991 OFFICE: TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Application and request for Commissioners' Court close, abandon and vacate part of Kelly Creek Road. EXECUTIVE SESSION REQUESTED: YES NO x PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Richard Wolf/Commissioner Pct. ~k4 Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows: * Meetings held on second Monday: 12:00 P.M. previous Wednesday * Meetings held on Thursdays: 5:00 P.M. previous Thursday THIS REDDEST RECEIVED BY: is TH i S REQUEST RECEIVED ON : _ ~ ~ ^~gi ~ Q • ~~ .,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 Guidelines. JOHN W. DAVIDSON ARTHUR TROILO FRANK R. BOOTH• L A W O F F I C E S O F THOMAS H. PETERSON DAVIDSON TROILO S BOOTH TERRY TOPHAM , L RICHARD W. WOLF A PROFESSIONAL CORPORATION B.D. (SKIP) NEWSOM~ FORMERLY SAWTELLE, GOODE DAVIDSON 6 TROILO AND BOOTH S NEWSOM --- RUSSELL S.JOHNSON TIMOTHY L. BROWN' MICHAEL J. BOOTH' GHEREE TU LL KINZIE SAN ANTONIO R. GAINES GRIFFIN 613 N.W. LOOP 410, SUITE 1000, 78216-5584 PATRICK W. LIN DNER~ 512/349-6484 • FAX: 512/349-0041 RUBEN R. BARRERA RICHARD E. NETTINGER AUSTIN SVSAN E. POTTS~ 1900 FIRST CITY CENTRE LARRY J. LAVREN T~ 816 CONGRESS AVE., 78701-2443 KARL H. MOELLE R~ 512/478-9506 • FAX: 512/473-2115 THOMAS G. ROBINS JAMES E. MONTGOMERY BOB KAHN November 4, 1991 The Honorable W.G. Stacy County Judge Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Dear Judge Stacy: RICHARD D. O'N EIL JOHN T. SANDERS IV RICHARD G.JEN KINS WILLIAM M. MCNAUGHT CAROLYN AH RENS~ DONALD D. GAVLICK E LI2ABETH J. LIN DELL KEITH A. PARDU E~ ANN G. DILLON~ GILBERT VARA, JR. MARY MISHTAL JAMES W.JOHNSTON~ JAMES W. MVART, JR. GEORGE M. BROMLEY L. ERIC FRIEDtAND FRED B. WERKENTHIN, JR.• FRANK M. REILLY• MATTHEW J. BOOTH KAREN NOR RIS} LEA REAM} • AUSTIN OFFICE } AWMTING BAR RESULTS Enclosed is an Application for Change in Road that I am for my client, Alice C. Simkins. Please set this to be Kerr County Commissioners' Court session at one of your meetings. I would appreciate having the matter heard as it can fit on your agenda. Also enclosed is a prepared I have discussed this matter with Bruce Oehler, in whose the road is located, and he is in agreement subject to Commissioners' Court approval. I have also discussed it Reid and he had no legal objection. Please have your office notify me when it is set. Sin erely yours, R chard W. Wolf For the Firm RWW/lc Enclosure 597/6 cc w/enc: Miss Alice C. Simkins Mr. Bruce Oehler Mr. Stan Reid Mr. Leonard Odom, Jr. submitting heard at a regular soon as Order. precinct with Stan APPLICATION FOR CHANGE IN ROAD STATE OF TEXAS § COUNTY OF KERB § TO THE HONORABLE COMMISSIONERS' COURT OF KERB COUNTY, TEXAS: ALICE C. SIMKINS ("Applicant") as a landowner in Precinct 4 of that County, requests that Commissioners' Court close, abandon and vacate that part of Kelly Creek Road (the "Road"} south of a point sixty (60) feet south of her property line in Kerr County, to the end of the road, and would show the Court as follows: 1. The Road is now a county road in Precinct 4, running generally in a north south direction, and ending at a point on Applicant's property in Survey No. 1885, T.J. Wooton, Kerr County, Texas. 2. To facilitate Applicant's request, Applicant will dedicate to Kerr County, Texas, an easement and right-of-way, forming a turnaround or cul-de-sac, at what will be the new end of the Road on her property in that Survey No. 1885. This proposed easement (the "Turnaround") is described in Exhibit "A" attached to this Application. 3. The portion of the Road to be closed, abandoned and vacated is that part south of the Turnaround. That portion of the Road is entirely within Applicant's property and provides access to no property other than that of Applicant. All other persons who once used that portion of the Road for access to their property have abandoned their rights to travel over Applicant's property to connect with the Road south of the Turnaround and, therefore, no longer use the portion of the Road in question. This abandonment is confirmed in a letter attached as Exhibit "B" /~ from Duff Trimble, the sole owner of the other properties that once used that portion of the Road for ingress and egress. 4. Applicant has given notice of her intent to apply for this change in Kelly Creek Road by a written advertisement of her intent, posted on September 30, 1991, on the Courthouse door, on a fence post at the proposed new end of the road and on a fence post at the present end of the Road, which latter two (2) places are in P~`- the vicinity of the route affected. WHEREFORE, Applicant prays that Commissioners' Court, by unanimous vote of all elected Commissioners, by order close, abandon and vacate the Road south of the Turnaround. Respectfully submitted: 2 9 ~ 1991. ~. ~ , Alice C. Simkins 597/6 2. EXHIBIT A suRVttY rut roa 1SI0 TRACTS or uND: 1) 1.07 ACRES, MORt OR LEfS, OOMFRlf ING ArrROXIMATLLY O.ie ACRE OUT OF r. A. LACKEY PURVEY N0. 1e66, ABSTRACT N0. 1737 AND AFFROXIMATELY 0.39 ACRL OUT OF T. J. YOOTON PURVEY M0. 1te5, ADSTRACT N0. 1142, iOTlt SURVEYS IN KERR COUNTY, TEXAS; rARi OF TNAT lAND CONVEYED AS 571• TRACT ONE - 433.41 ACRES AND TRACT TVO aS'C ~r'3 - 23.3• AQUSS FROM JIN T06E ATKINSON, Y lY .¢Z. }~ A DIECItIOR TO 1Nt. JAMES N. OLNE j N)y YARRANTY DLED YTTN YLNDOR'S LIEN ~ S 9q 1 W 723 ~ 3 ntEL1JILD THE 24TH DAY Oi TLKRUARY, 197e ND RLCORDLD IM YOL111SE 205 AT LACE 469 ~ ,5 ~, S3 • A ~ ~n d + ~'~' ~ ~ ~ OF TNt DEED RECORDS OF RERR COUNTY, MORE OR LESS 11 ApIE 0 2 f V ~ } ~ ~• e6 ~ ~ , , . TEXAS; AND ) olrr of T. J. YooTON suavEY Mo. lees, Q 82 ~ 2 ~•' 142 IN KFRA COUNTY ~ j 1y ~ , AESTItACT N0. 1 F ~`~ TEXAS; rAAT OP A CERTAIN lle.e7 ACRE ESCRIBED AS T1tACT /3 IN A . 7 ATRACT D 6~5~ ~~ ItARRA1rTY DLED rACM V. C. rAVCETT, LT TED T1tE ~ ~ AL, TO ALICL N. NANSZEN EXECU ~ liTN DAY DF AUGUST, 1959 AND RECORDED IN VOLiML 105 AT PACE SOS OF THE DEED r+4°J11 ~ RICORDS OF SERA COONTY, TLYAS 63.1G' s • 3~3 srwJ N4u ' ~ - ~~ s ~ ~ 3 TBACt ONE: 433.it ACRES ~ )• Atkietson to Olrry • ~~ ~ g Yo-. ZOS -R. ti9 Q ~ FF ot/2t/7R .~- -- SCALE: 1" = 100' TRACT T110: 23.3! ACREf Atkltran to Olney Yol. 205 -B• 469 02/2i/78 ?~ A. N15•az YY ` oq.ts. -'~ 5-1°~F~ LEGEND ~-~~3~ • fencepost ~"~~5~~ -~- fenceline 'a ~~~~`' I hereby setcltr chec thle plet ie en eecurete repreeentetlon et the preperer ehevn end IeecrlMd Ae:eon ae Muoined -r a curter nede en the Breund eerier eh' Aireeeten end eupecvieton, e.eepc ae eurwr vee tyd• to teeetebileh recent Bur+er live er oeraere; end t:het ell properer centre .re u ebern. Oat•d chle 7th ter et AuRuet, 1191 Lee C. YNlkel t•iletered rreteeeleael Lend Rurwrer No. 3909 Cooney Ber.erer ter Kerr c.uncr Ni?•11•it,Zo.tg, _~• N t1'4F'b . 22.69' ,0~ ,~ ^r•N~v ~ n./% ,~' rj~ry ~ 0~ 7 N al eta ~~~ ~ry h~ m 1' a+sz'a~'w,aa.e4 ~-IS'2t' C, 21.61' ev.GT •Sll•S~'B,il.'iG' tia29''v' 1'E f tjo iq s~3•x'a 68.g~' st~•as'w --~ 39•ot' ~~ N (~ s33•a1' W 48.27' Nad•~S'b ~ ~ Cogis'Yr r TRACT f3: 116.67 ACRES ayq''..~ CRE 14•x+4 FAYCEiT TO NANSIEN Yy't•a ~- Yelw tOS -eBe 503 t+bRi•tq' W OR/tt/S9 -ia.15' EXHIBIT A Being all of a certain tract or parcel of land containing 0.11 acre, more or less, out of T. J. Wooton Survey No. 1885, Abstract No. 1142 in Kerr County, Texas; part of a certain 118.87 acre tract described as TRACT ~~3 in a Warranty Deed from W. C. Fawcett, et al, to Alice N. Hanszen executed the 14th day of August, 1959 and recorded in Volume 105 at Page 503 o.f the Deed Records of Kerr County, Texas (subsequently conveyed to Alice Cynthia Simkins by Last Will S~ Testament); and being more particularly described by metes and bounds as follows: BEGINNING at a fence cornerpost in the north line of said TRACT ~~3, approximately 571 ft. West from its northeast corner for the northwest corner of the herein described tract; which point bears, approximately, 456 ft. South and 1402 ft. West from the northeast corner of said Survey No. 1885; THENCE, partly along a fence with the north line of said TRACT ~~3, East, crossing Kelly Creek Road, 81.53 ft. to a fence cornerpost for the northeast corner of the herein described tract; THENCE, upon, over and across said TRACT ~~3: S.05'25'W., 60.64 ft, to a ~" iron stake set in a fence for the southeast corner of the herein described tract; and N.89°19'W., along a fence, at 31.5 ft. passing a fence cornerpost, then continuing across said Kelly Creek Road for a total distance of 76.25 ft. to a ~" iron stake set in a fence for the southwest corner of the herein described tract; THENCE, along said fence continuing upon, over and across said TRACT ~~3, N.00°25'E., 59.47 ft, to the PLACE OF BEGINNING. EXHIBIT "B" September 12, 1991 Commissioners' Court Kerr County Courthouse 700 Main Street Kerrville, Texas 78028-5389 Dear Commissioners: I am the owner of a ranch located to the east of the present end of Kelly Creek Road. At one time, the entrance and exit from this ranch was by a private road crossing the ranch of Alice Simkins and meeting Kelly Creek Road a few feet from its end. I now have a entrance and exit easement which meets Kelly Creek Road a few feet after it crosses the boundary line between Miss Simkins' ranch and that of Dr. Olney. In connection with receiving that easement for my new entry-way, I have abandoned all rights to the old road and no longer use Kelly Creek Road south of the cul-de- sac proposed to be established where Kelly Creek Road crosses the Simkins/Olney boundary line. Therefore, I have no objection to Commissioners' Court action to close, abandon and vacate that part of Keiiy Creek koad south of my easement and of the proposed cul- de-sac. r`. Duff Tri le Surely yours, ~.._. DT/lc 597/6 ORDER FOR CHANGE IN A ROAD STATE OF TEXAS § COUNTY OF KERR § On this the day of , 1991, came on to be heard by the Commissioners' Court of Kerr County, Texas, the Application of Alice C. Simkins for Change in a Road. The Commissioners' Court finds that the abandonment requested in that Application is in the best interest of the public generally and that Applicant gave notice of intent to apply by a written advertisement of her intent posted on the Courthouse door and two (2) other places in the vicinity of the route effected for at least twenty (20) days. The facts and that Application having been duly considered, it is ORDERED that that Application be approved and that (conditioned on the dedication to the public by Applicant of an easement of right-of-way, as described in Exhibit "A" to this Order) Kelly Creek Road be and hereby is closed, abandoned and vacated south of that easement. County Judge County Commissioner, Precinct 1 County Commissioner, Precinct 2 County Commissioner, Precinct 3 County Commissioner, Precinct 4 597/6 •~ia ~iii'•.. ~4 t~'• :M :M ~ i• ~Patn~c~a Dye COUNTY CLERK KERB COUNTY KERRV[LLE, TEXAS 78028-5389 {512)896-2844 November 14, 1991 PATRICIA DYE, County Clerk 700 Main St., Kerr County Kerrville, Tx 78028 Dear Mr. Wolf Our Ccamissioners' Court passed an Order in Court on November 12, 1991, for the abandorunent of part of Kelly Creek Read. A copy of this order is enclosed. If we can be of further assistance to you please let us know. Sincerely, P IA D , unty Clerk By:~ deputy a erg/encl. EXHIBIT A ~ T~~ w ~~ ~k ~ ~9 ~ \R~ i3.?G' NW ptW b~~. svRYrr ruT toR Tvo TRACTS or uNO: 1) 1.07 ACRES, Ni01tt OR liif, SOHFRIiiMG ArrR07lIK~SriT 0.11 ACRI OVT Or r. A. IACLCf tYRYLY N0. 1KS, AIST1tAC7 M0. 17s7 AND A7'rROL1NATLLY o.st ACRE otrt or T. ~. YooTDN swtvtY No. 111s, AISTRACr s+o. u~2. soTH suRYLTS IN Rrsut canrrx, tuAS; TART or THAT 1AND oONV[YLD As Tucr oN1 - Ass.u Aces ANa TRAa tuo • 22.31 AOIIS rtDlt ~Ix TOIE ATXIMtaN, iltiCVTOet TO DR, iAH,ES R. O1JlLY !Y A YARRANTY OLLD YITN tLNDON't I.IDi ~.LCVTLD THE I~TM DAY Or rtIRUARY, 717• AND RSCORDLD IN VO1111E IOS AT MCL 4i9 Or THI OLLD RECORDS Of 1:T.RII COUNTY, lrxAl~ AND I)0.11 ACRE, IIDRE Olt I.LSS, OtTt OF T. ~. YOOTON fl1RYEY M0. 1/1S, AISTRACT N0. 11A2 IN RWl COUNTY, TEiA3; rJUIT OF A CIRTAIN 111.17 ACRE ATRACT OtICR11[D AS TRAC7 I~ IN A YARRAMTY OLED rROK V. C. rAVCETT, RT AL, TO ALICI M. NANSZEN iLLCUTED THE 1t•TN DAY OF AUGUST, 1151 AND RECORDED IN tlOI.tllt lOS AT rACE !02 Or THE DEED ucoRD: or Rnut coaNrY, TiiAS ~~ Tact oNE: us.t! ACRE: ~~. `~ Aetllrm to otney a?, i Yol. 205 -{. a69 ~ 02/is'/r6 , SCALE: 1" = 100' rJ<<~f[~n LEGEND ~,-i~3~ • fencapost ~'~~~~~ -+-- foacsline '~'- ~ ~`~a- I lwrabr sertlty that Chic clot !a an eceutaca to}raaancaclan at tLa rrgarty ahevn eM Maerl-ed Mrean u dataraird -9 • surraF rM eo tM {round cwbr ry Alraetl.n end auparviatan, etae-t r aurvq •ea rM u raaau011ah reunc {urny lira er «nrn; enf that ell -sgartF recta era u eM~n~. Oat.a elll. 7th My of Ar+iuac, 1}Il Loa C. ~«lhal i.Iteeared rceteaatwl i,aed Mn++}.r •a. s+o} Cwmry {aswrs !er !sett Owwcy e+11.21'~,7p.1p' +•' P1~1•'Ia'G .42.GT r M~o^TrS~. Mal'-r >ih~ .~~ ?~ ©~ ,,t1 ~•N~V l „ ,~ssraz•w ,ta.6L' s~s•zt' t, zt.~r siTS~c'e , n.-tt' b1°i'2!i E no z9, ~ 613.OG'E ~~~~ h- 61't•4S W $'{.01' •~ ~u %(/ e3Y41' W 48.21' •eSaC'w r r ~~, TiiAtT f3: 11i.i7 ACRES H,•~a -AYCEtT TO RAHfIEN wluc. tos r... s03 wbq•lq~w ii/tt/Sv 1G•15' tact TW: ;i.:t AtRES Atttnren to Olney •~4 Yol. 20S h• X69 02/tilrt N7542' Yy dlq.l5' -_ EXHIBIT A Being all of a certain tract or parcel of land containing 0.11 acre, more or less, out of T. 3. Wooton Survey No. 1885, Abstract No. 1142 in Kerr County, Texas; part of a certain 118.87 acre tract described as TRACT ~3 in a Warranty Deed from W. C. Fawcett, et al, to Alice N. Hanszen executed the 14th day of August, 1959 and recorded in Volume 105 at Page 503 of the Deed Records of Kerr County, Texas (subsequently conveyed to Alice Cynthia Simkins by Last Will ~ Testament); and being more particularly desczibed by metes and bounds as follows: BEGINNING at a fence cornerpost in the north line of raid TRACT ~3, approximately 571 ft. West from its northeast corner for the northwest corner of the herein described tract; Which point bears, approximately, 456 ft. South and 1402 ft. West from the northeast corner of said Survey No. 1885; THENCE, partly along a fence with the north line of said TRACT ~3, East, crossing Kelly Creek Road, 81.53 ft. to a fence cornerpost for the northeast corner of the herein described tract; THENCE, upon, over and across said TRACT ~~3: 5.05'25'W., b0.64 ft. to a ~t" iron stake set in a fence for the southeast corner of the herein described tract; and N.89'19'W., along a fence, at 31.5 ft. passing a fence cornerpost, then continuing across said Kelly Creek Road for a total distance of 76.25 ft. to a h"_iron stake set in a fence for the southwest corner of the herein described tract; THENCE, along said fence continuing upon, over and across said TRACT ~3, N.00'25'E., 59.47 ft. to the PLACE OF BEGINNING. ORDER N0. 20663 CONSIDERATION OF REQUEST TO ABANDON PART OF KELLY CREEK 1~AD November 12, 1991 Vol S, Page 473