..~
ORDER NO. 20420
APPROVAL OF REPEAT OF RIO ALEGRE
SUBDIVISION ALSO KNOWN
AS HUNT ON THE RIVER
Un this the 25th day of July, upon motion made by
Commissioner Oehler, seconded by Commissioner Lackey, the
Court unanimously approved by a vote of 4-0-0 to approve the
ratification of replat and restrictions of Rio Alegre
Subdivision, also known as Hunt on the River.
~ ~~~
COMMISSIONERS' CURT AGENDA REQUEST
*PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY:
MEETING DATE: July 25, 1991
OFFICE:
TIME PREFERRED: /.'3n cwt .
SUBJECT : (PLEASE B E SPECIFIC) Approval of Replat of Frio Alegre
EXECUTIVE SESSION REQUESTED
PLEASE STATE REASON
YES _ NO x
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYE:
NAME OF PERSON ADDRESSING THE COURT:
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
~ f1eetings held on Thursdays: 5:00 P.M. previous Thrusday
THIS REQUEST RECEIVED BY: Prg
THIS REQUEST RECEIVED ON : ~
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 w111 be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
RATIFICATION OF REPEAT AND RESTRICTIONS
WITH POWER OF ATTORNEY
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF KERR §
WHEREAS, the undersigned has this date acquired from CAMP
LaJUNTA, INC., a Texas corporation ("Declarant") certain property
out of the Rio Alegre Subdivision, according to corrected Plat of
Rio Alegre filed for record in Volume 5, Pages 203-205 of the Map
Records of Kerr County, Texas, being described in Exhibit "A"
attached hereto and made a part hereof for all purposes (the
"Property"); and
WHEREAS, the undersigned has acquired the Property subject
to the Declaration of Covenants, Conditions and Restrictions for
Hunt on-the River Subdivision (the "Declaration"), heretofore
imposed on the entirety of the Rio Alegre Subdivision by
Declarant; and
WHEREAS, as set forth in the Declaration, Declarant is to
prepare and file of record a vacating of the subdivision plat for
Rio Alegre and a replat of the same into the Hunt on-the River
Subdivision pursuant to the replat attached hereto as Exhibit "B"
and made a part hereof for all purposes (said replat and any
changes thereto pursuant to the terms hereof being herein called
"Replat"); and
WHEREAS, the Replat has not been finally approved by the
Commissioner's Court of Kerr County, Texas as of the date of
acquisition of the Property by the undersigned from Declarant;
and
WHEREAS, Declarant has agreed to cause the Replat to be
approved by the appropriate governmental authorities as soon as
reasonably possible, and the undersigned has agreed, as part of
the consideration for the conveyance of the Property to the
undersigned by Declarant, to join in, consent to and ratify in
all respects the Replat;
NOW THEREFORE, for a sufficient consideration received,
Declarant and the undersigned do hereby covenant, stipulate and
declare as follows:
1. Approval of Replat. The undersigned hereby consents
to, ratifies and adopts in all respects the Replat, all with the
same force and effect as if the undersigned were a signatory
thereto.
2. Power of Attorney. The undersigned hereby make,
constitute and appoint Declarant as their agent and attor-
ney-in-fact to approve and execute on behalf of the undersigned
the Replat and to cause the same to be filed of record and also
to execute and deliver, on behalf of the undersigned, such other
instruments of whatever kind and nature as may be necessary or
proper in the exercise of the rights and powers herein granted.
The powers and authority herein granted to Declarant include
without limitation the right, power and authority to make such
changes to the Replat attached hereto (A) as may be determined by
Declarant to be necessary and/or desirable (provided only that no
such changes materially and adversely affect any vested property
rights of the undersigned) and (B) as may be required by the
governing authorities to obtain approval for filing of the Replat
of record with the County Clerk of Kerr County, Texas.
Such power of attorney and the rights, powers and authority
herein granted to Declarant are irrevocable and coupled with an
interest and shall remain in full force and effect hereafter
until the Replat is filed for record in the office of the County
Clerk of Kerr County, Texas.
Pursuant to Section 36A of the Texas Probate Code, as
amended, the undersigned further authorize Declarant to indemnify
and hold harmless any third party who accepts, acts under, and
relies upon the powers granted under this Power of Attorney, and
accordingly such third party shall recognize the authority of
Declarant and transact with Declarant in the same manner and to
the same extent as the third party would transact with the
undersigned, all as required by such statute.
We hereby bind ourselves to indemnify and hold harmless
Declarant against any and all claims, demands, losses, damages,
actions and causes of action, including expenses, costs and
reasonable attorney's fees which Declarant at any time may
sustain or incur in connection with carrying out the authority
granted to Declarant hereunder.
The Power of Attorney contained herein shall not terminate
on the physical or mental disability of the undersigned persons.
3. Joinder. Upon request of Declarant or the governing
authorities, each of the undersigned agree to join in the exe-
cution of, or to execute written consents with respect to, the
Replat and any changes thereto as herein provided.
-2-
4. Common Area. Declarant hereby agrees, either simulta-
neously or within five (5) days after recordation of the Replat,
to execute, deliver and file for record a Deed conveying all of
the Common Area of the Hunt on-the River Subdivision to the
Hunt on-the River Homeowner's Association, Inc., such conveyance
to be by Warranty Deed and subject in all respects to the terms
and conditions of the Declaration and otherwise in form and
substance as may be approved by Declarant.
5. Declaration. The undersigned hereby acknowledge that
their acquisition from Declarant of the Property was made subject
to the terms and conditions of the Declaration, and that the
Declaration was in full force and effect and applicable to the
Property upon acquisition of same by the undersigned, regardless
of whether or not the Declaration had been filed of record prior
to the undersigned's acquisition of the Property.
Executed and delivered effective as of the date of the
respective acknowledgments hereto.
CAMP LaJi~NTA, INC./
LAW ENCE L. HAM, President
- DECLARANT -
RO RT J . LKER
LORNA F. WALKER
-3-
AFFIDAVIT OF WITNESSES
On the 15th day of May, 1991, ROBERT J. WALKER and wife,
LORNA F. WALKER, herein called "Principals", requested us, the
undersigned witnesses, each being eighteen years of age or older,
to act as witnesses to the Principal's signature on the foregoing
Power of Attorney. We do hereunto subscribe our names as
witnesses.
~~~ ~~~~
Witness
Witness
Address
.~5~/ Gy ~ ~~_~~ J
~ A ress
THE STATE OF TEXAS §
COUNTY OF KERR §
BEFORE ME, the undersigned authority, on this day personally
appeared the Principal, ROBERT ,7. WALKER and wife, LORNA F.
WALKER, and the Witnesses, ! Alta Edwards and
Janice Hammack , known to me to be the persons whose
"names are subscribed to the foregoing instrument, and acknowl-
edged to me that they executed the same for the purposes and
consideration therein expressed. /
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ day of
l Mav 19 91 .
~~~ ~--
--- ,,nar JIMMIE L. PESCf~L ~%2~~~
~~' NotaryWubiic N t ry Public, State of e~ as
STATE ~~ TEXAS My Co ' ss~.on Exp' re
sjq~y - _~ ~ ,
~~ ~ "` Aty Comm. Exp. JAN 31, 1993 U ` ~ ~
(Printed or Typed Name f otary)
35.EDMbh
-4-
EXHIBIT "A"
I. PROPERTY:
'• All that certain tract or parcel of land, lying and being
situated in the County of Kerr, State of Texas, and being
Lot 4, Block A, of Rio Alegre, a subdivision of Kerr County,
Texas, according to the plat of said subdivision recorded in
Volume 5, Pages 203, 204 and 205, Plat Records of Kerr
County, Texas; said plat having corrected a plat recorded in
Volume 5, Page 125, Plat Records of Kerr County, Texas.
II. EXCEPTIONS:
1. Taxes for the year 1991 and subsequent years.
2. Declaration of Covenants, Conditions and Restrictions
for Hunt on-the River Subdivision, recorded in Volume
591, Page 433, Real Property Records of Kerr County,
Texas, and incorporated herein by reference and made a
part hereof for all purposes (the "Declaration").
3. Easement and Right-of-Way to L.C.R.A. dated September
19, 1951, recorded in Volume 2, Page 39, Easement
Records of Kerr County, Texas.
~~ ~- 4. Electric Line Easement and Right-of-Way to L.C.R.A.
dated June 20, 1985, recorded in Volume 21, Page 385,
Easement Records of Kerr County, Texas.
5. Electric Line Easement and Right-of-Way to L.C.R.A.
dated June 27, 1985, recorded in Volume 21, Page 388,
Easement Records of Kerr County, Texas.
6. Easement per plat recorded in Volume 5, Page 125, Plat
Records of Kerr County, Texas.
7. Easements per plat recorded in Volume 5, Page 203-205,
Plat Records of Kerr County, Texas.
8. Residents' easement to enjoy common area as provided in
the Declaration.
9. Party wall provisions, covenants, conditions, re-
strictions, easements, charges and liens as set forth
in the Declaration.
10. All the rights, powers and authority of the Hunt on-the
River Homeowner's Association, Inc., a Texas non-profit
corporation, as provided in the Declaration and as
provided in the Articles and By-Laws of said
Association.
11. Ratification of Replat and Restrictions and Power of
Attorney of even date herewith between Camp LaJunta,
Inc. and Robert J. Walker, et ux, recorded or to be
recorded in the Real Property Records of Kerr County,
Texas.
36EDMem
EXHIBIT "A"
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i
COMMISSIONERS' COURT AGENDA REQUEST ~,~
*PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Lee Voelkel -agent for OFFICE:
Owner Larry Graham
MEETING DATE: June 10, 1991 TIME PREFERRED: 3:00 p.m.
SUBJECT: (PLEASE BE SPECIFIC) Repeat of xio Alegre -request court to set
a date for public hearing
EXECUTIVE SESSION REQUESTED: YES
PLEASE STATE REASON
NO x
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYE:
5 Minutes
NAME OF PERSON ADDRESSING THE COURT: Lee Voelkel
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 Thrusday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON : _ ~
Ali 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.
DELMAR HILLER
P.O. Bc~x 426
HUNT, TEXAS 78024
June 6, 1991
Pat Dye, County Clerk
Kerr County
Kerrville, Texas
(Hand Delivered)
REAL ESTATE SERVICES
Re: Public Hearing For Proposed Plat of "Hunt on-the River"
Dear Ms. Dye,
I am writing on behalf of Camp La Junta, Inc. and its
President, Mr. Lawrence L. Graham to confirm our understanding of
the status of the proposed Plat of Hunt on-the River.
We are advised of the following status:
1. The request for a Public Hearing on the Plat has been placed
on the agenda of the Commissioner's Court for their next meeting,
Monday, June 10, 1991.
2. At the meeting on June 10th the Commissioners will set a
Public Hearing date which will be their next regular meeting date
following the required 30 day publishing time period.
3. Your office will notify all property owners within Rio Alegre
Subdivision of the hearing date. Enclosed herewith please find a
list of all such property owners as of this date for your use.
we have previously furnished you with the list of all property
owners adjoining the subdivision.
4. Your office will invoice Camp La Junta, Inc. for the
advertising expenses and any other required fees in this matter.
Will you please advise me: (i) if there are any corrections
to our understanding of the status of this process, (ii) if it is
necessary for Mr. Graham or his representative to attend the
Commissioner's Court meeting on June 10th, and (iii) if there are
any other requirements of the applicant or if any additional
information needs to be furnished.
RES: (512) 238-4157 OFE=icE: (512) 238-4t04
Thank you for your continued help in this matter.
Yours ,trul ,
j ~ ~':
-- ,.-~
~,~~i?~,
De mar Hiller
encl: Rio Alegre Owners list
cc/w/encl:
Lawrence L. Graham, President
Camp La Junta, Inc.
Box 136
Hunt, Texas 78024
Dwaine Machann
820 Main St., Suite 100
Kerrville, Texas 78028
Lee C. Voelkel
Voelkel Engineering
212 Clay Street
Kerrville, Texas 78028
DELMAR HILLER
REAL ESTATE SERVICES
P.O. Box 426
HUNT, Texas 78024
April 15, 1991
Kerr County Commissioner's Court
Kerr County, Texas
(Hand Delivered)
Subject: Proposed Replat of Rio Alegre Subdivision
Please consider this as the application to revise the
recorded plat of Rio Alegre Subdivision which we request that you
schedule for public hearing on the earliest possible date. The
purposes of the replat of the subdivision are as follows:
Purposes of Replatting:
1. To lower the density of the subdivision by decreasing the
total number of lots from the present 51 to 20, including the
Common Area lots.
2. Change the name of the subdivision from "Rio Alegre" to "Hunt
on-the River".
3. Change the name of two private streets to "Hunt Loop".
4. Redefine the Common Area to be owned by the Owner's
Association.
5. Define the lot area around the existing clubhouse building.
Resulting Features:
1. All proposed lots adjoin existing improved streets.
2. No street pattern is changed and no new streets are required.
3. The existing engineered, approved drainage patterns do not
change.
4. All utility services for the proposed replated lots are in
place and no modification or additional utility construction is
required.
5. The revision will not interfere with the established rights of
any owner of a part of the subdivided land.
RES: (512) 238-4157 OFFICE: (512) 238-4104
Attached Plats-
1. Copy of existing Corrected Plat of Rio Alegre Subdivision,
recorded in Vol. 5, Pages 203-205, Kerr County Plat Records.
2. Proposed replat as Hunt on-the River Subdivision defining the
replated 20 lots.
Thank you for your consideration of this requested replat.
Please advise should you require any additional information.
Yours truly, ,,-
:' , ~ „~
Delmar Hiller
cc: Lawrence L. Graham
Dwaine Machann
KERRVILLE DAILY TIMES -Tuesday, June 25, 1991
_..
2. PUBLIC gOTICFB
' NOTICE OF
PUBLIC HF}1RING
Notice is hereby given that
a Public Hearing will be
held on July 25, 1991 at
1:30 o'clock P.M. In the
County Courtroom of fhe
Kerr County Courthouse,
at a Special Terrn of the
Commissioners' Court, to
consider the application
filed by Lawrence L.
Graham for replat of Rio
Alegre Subdivision, (in
Commeissioner's Precinct
4), arxt to hear any and dl
protests for the replat.
Said notice is in accord-
ance wFlh Nrfk:le 232.009
Revision or Piot, in the
Local Gpvernmenf Gods
(a). (b) and (c).
KERRVILLE DAILY TIMES -Friday, July 5. 1991
L P{~,IC NO'rICEs
NOTICE OF
Pt~i,IC HEAt>IPK'
l~ ocl ~'1 ~
ock P.M. N- fhe
Oragr~#P Courhoorn d Y1e
1(e1i ty Carlhoute,
at a Special Term cf iM
Comrrtlssloners' Court, to
aonekler the oppNcatlon
flied by Lawrence L.
I2+atKlrn for replat of Rip
Alpre Subdivlalon, (ih
Contrnelaeloner'a PmCinCt
h, and to hear any and d '~
$Ck! notiCettk aeopd-
erica wHh Mitcle 232.009
RerAllon or Plat, in the
laaat GovrNnr+ent Code
(a). (b) and (c).
KERRVILLE DAILY TIMES -Thursday, July 18, 1991 5B
NOTICE of
PUBLIC H6-RlN6
Notice a hereby gMen that
a Public Hearing wig be
held on July 25, 1991 at
1:30 o'clock P.M. in the
County Courtroom of the
Kerr County Courthouse,
at a Special Term of the
Commissioners' Court, to
consider the application
filed by Lawrence L.
Graham for repkat of Rio
Alegre Subdivlalon, (in
Commeissioner's Precinct
4), arxi to hear any and atl
protests for the replat.
Soid notice fs In accord-
ance with Article 232.009
Revision or Plat, In the
Local Government Code
(a), (b) and (c).
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing will be held on
July 25, 1991 at 1:30 o'clock P. M. in the County Courtroom of
the Kerr County Courthouse, at a Special Term of the
Commissioners' Court, to consider the application filed by
Lawrence L. Graham for replat of Rio Alegre Subdivision, (in
Commissioner's Precinct 4), and to hear any and all protests
for the replat.
Said notice is in accordance with Article 232.009 Revision of
Plat, in the Local Government Code (a>, (b) and (c).
(Please publish Tuesday, June 25, 1991, Friday, July 5, 1991
and Thursday, July 18, 1991, and charge to the County Clerk. )