ORDER NO. 20315
APPROVAL OF GRANTING A VARIANCE RELATIVE TO
THE APPEAL BY MR. GEORGE M. THOMPSON (LOT R-34,
TURTLE CREEK RANCHES) OF THE DENIAL OF A PERMIT
FOR THE CONSTRUCTION OF PRIVATE SEWAGE FACILITY
On this the 10th day of June 1991, came on to be heard the
appeal of the denial of a permit to Mr. George M. Thompson
(Lot R-34, Turtle Creek Ranches) for the construction of a
private sewage facility on his property, and, it being found
by the Court that:
1. Mr. Thompson has been denied a permit for the
construction of a private sewage facility on his
land due to the application of Section 5.02(k) of
the Kerr County Rules for Private Sewage
Facilities;
2. Upon information and belief, the building lot is an
unrecorded lot that was divided prior to the
effective date of the Kerr County Rules for Private
Sewage Facilities;
3. Under Section 3.03(d) of the Kerr County Rules for
Private Sewage Facilities, this Court has the
authority to grant exceptions to any requirement of
the Rules;
4. Mr. Thompson, through no fault of his own, has been
placed in a financially difficult position by the
acts of one or more of his grantors;
5. Mr. Thompson desires and agrees to construct and
operate a Private Sewage Facility on his property
that fully complies with the Kerr County Rules for
Private Sewage Facilities;
6. Due to the nature of the problem and the recent
actions of the Court, an emergency exists and
waiver of 3.02(c) of at least 10 days notice is not
necessary as per the County Attorney's opinion;
and,
7. Testimony and information supplied in this Court
hearing seems to clarify that the intent of Section
5.02(k) was directed toward specific problems that
existed in 1984 regarding trailer parks and the
illegal subdividing of recorded subdivisions
without replatting.
IT IS THEREFORE ORDERED that:
On motion made by Commissioner Morgan, seconded by
Commissioner Holekamp and unanimously approved by a vote of
4-0-0, Mr. Thompson may proceed with the construction and
operation of a Private Sewage Facility on his property,
subject to the requirements for the construction and
operation of such facility under State and local laws and
regulations.
May 22, 1991
Commissioners Court
700 Main Street
Kerrville, Texas 78028
Gentlemen:
Subject: Request for permit to construct a private sewage facility.
Lot R-34, Turtle Creek Ranches
I have been denied a permit based on Section 5.02k of the Rules of Kerr County
for Private Sewage Facilities (Rules). The denial is based on a recent decision
that my property should be formally platted.
I would like to appeal this decision and request that the permit be issued.
The following information supports my request:
1. All site conditions meet all other requirements of the Rules for
installation of a conventional septic system.
2. The property was divided in 1972.
3. The property was purchased on March 26, 1991 prior to the recent decisions
regarding platting.
4. An application for the permit to construct was applied for on April 30,
1991 prior to the decisions made on May 13, 1991.
5. These actions have placed a hardship on me since the property was bought
and application submitted in good faith with no fault of my own.
6. I am unable to continue purchasing a house and developing my property
until this matter is resolved.
Commissioners Court
May 22, 1991
2
Because of recent heart surgery and the need to eliminate any strain or stress,
I am unable to physically attend the Commissioners Court meeting.
I have asked David Litke to act on my behalf in presenting the information to
you.
Enclosed is a copy of my deed that may contain further information for your use.
Sincerely
eorg M. Thompso
40 Wilderness
Kerrville, Texas 78028
(512) 257-8692
Fh%~ z-
,,%~ 2110
WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF KERR §
That we, JAMES C. HALL and wife, MILLICENT A. HALL, of the County of
Collin and State of Texas, for and in consideration of the sum of TEN AND
NO/100TH DOLLARS ($10.00) and other valuable consideration to the Undersigned
paid by the Grantee herein named, the receipt of which is hereby acknowledged,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND
CONVEY unto GEORGE M. THOMPSON of the County of Kerr and State of Texas, all
of the following described real property, including any improvements thereon,
in Kerr County, Texas, to-wit:
Being all of a certain 0.61 acre tract or parcel of land fronting on
Upper Turtle Creek and being out of the north part of Tract No. R-34
of Turtle Creek Ranches, an unrecorded subdivision of Kerr County,
Texas, and being more particularly described in Exhibit "A" attached
hereto and made a part hereof for all purposes.
EXCEPTIONS:
1. Taxes for the year 1991 and subsequent years, and subsequent
assessments for prior years due to change in land usage or
ownership by Grantee.
2. Restrictions as they are shown in peed dated May 22, 1984,
filed of record in Volume 296, Page 812, Deed Records of Kerr
County, Texas, and as they appear in Deed of Cancellation dated
May 29, 1986, filed of record in Volume 378, Page 581, Deed
Records of Kerr County, Texas, stating that no single wide
mobile homes shall be placed or allowed on the herein described
property and no farm animals shall be kept on said property,
domestic dogs and cats only being permitted. The aforesaid
covenants and restrictions shall run with the land and be
binding upon grantees, their heirs ar~d assigns.
3. An undivided one thirty-second (1/32nd) of the minerals
produced and saved from said ]and, the same having been
reserved as anon-participating royalty interest into J. S.
Wheless, Jr. filed of record in Volume 131, Page 551, Deed
. Records of Kerr County, Texas.

4. Reservation of Oil, bas and other minerals in Deed recorded in
Volume 274, Page 789, Deed Records of Kerr County, Texas.
5. Roadway easement retained in deed from Turtle Creek Ranches,
Inc. to the Public, dated September 6, 1972, recorded in Volume
15$, Page 358, Deed Records of Kerr County, Texas.
6. Easement and right of way agreement from Turtle Creek Ranches,
Inc. to Sandera Electric Coop., Inc., dated January 15, 1968,
recorded in Volume 8, Page 57, Easement Records of Kerr County,
Texas.
7. Easement from W. L. Jones, Jr., to Turtle Creek Ranches, Inc.,
recorded in Volume 5, Page 490, Easement Records of Kerr
County, Texas.
8. Easement and right of way dated October 23, 1973, executed by
Turtle Creek Ranches, Inc., to Kerrville Telephone Co.,
recorded in Volume 7, Page 804, Easement Records of Kerr
County, Texas.
9. Easements reserved in deed dated March 21, 1983, executed by
Turtle Creek Ranches, Inc. to Virgil H. Barfield, and recorded
in Volume 274, Page 789, Deed Records of Kerr County, Texas.
10. Fifty foot (50') wide roadway and utility easement as described
in Volume 296, Page 812 and Volume 378, Page 581, Deed Records
of Kerr County, Texas.
11. Twenty five foot (25') wide strip of land along and abutting
the East line of the herein described tract, being the
Northwest one-half (1/2) of said fifty foot (50') wide roadway
and utility easement as described in Volume 296, Page $I2 and
Volume 378, Page 581, Deed Records of Kerr County, Texas.
12. Any visible and/or apparent roadways or easements over or
across the subject property.
TO HAVE AND TO HOLD the above described premises, together with all and
singular the rights and appurtenances thereto in anywise belonging unto the
said Grantee, his heirs, executors, administrators, successors and assigns
forever; and we do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to WARRANT AND FOREVER DEFEND ali and
singular the said premises unto the said Grantee, his heirs, executors,
administrators, successors and assigns, against every person whomsoever
-2-
'10L 5~_ FRGE 5 ~~
r
lawfully claiming or to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
EXECUTED this 26th day of March 1991.
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1R8COADEA'3 A+~IORMDt~!
Ar T1ME OF RECORDATION /rBTR~~Ir
MIAB FOUND TO Ofi OVADECUKI! !~
ZNE BEST PHOTOGRAPHIC I~EP11001~CTI~
@ECAUSE Of ICLEC318N1i1r. GU~ON OR
*Mi~O oOP~ ~MOO~Oi~ Mlil~ ~
.;
JAMES C.`HALL
~ 7 ~ '
MILLIC~NT A. HALL
THE STATE OF TEXAS §
COUNTY Or Kerr § ~.
. This instrurnent was acknowledged before me on this the ~ _ day of
~ /ao2« 1991, by JAMES C. HALL and wife, MILLICENT A. HALL
~~~* ~,._
°°~'~~~~~'' ROBIN S. NORRIS
,w,
i IAY COMMtSStON EXPIRES
~J%;~•~;•~;>;~ hharch 1, 1994
'~N.nn•~`'•
Mailing address of Grantee:
Mr. George M. Thompson
#40, The Wilderness
Kerrv'lle, TX 78028
~NDEXELZ
CO+;7YARE~
:RETURN T~U:
KERRVILLE TITLE COMPANY
1456 Sidney 3aker
Kerrvil~a. Texas 78028
Notary Pub-'f~ic, State o exas
RECORDED IN
F1LE DATE•
FILE TIME: 4 . 4 \ O'CLOCK__e M
VOL S A'1 PAGE 5 $3
RECORDING DATE
I~PR 04 1991
4
_ ~ ~ PATRICIA DYE
C~INTY CLERK, KERR OUNTY
Deputy
FllFD FOR RECORppD __ --
Filed By
Kerrville Title CArtipetlyl
9a ~~93~c~
APR 4 i991
PATRlC DYE
~ my ~, Thor
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. -- •, -^, ~-,, VOL ~'-L PACE 5 8 (~
'~IIufng all of a cortain u.Gl ncrq truot or.purcol o! land fronting on
'• uppox Turtle Crouk, and bainq out of the North part of Tract N4.
n-3+t of 71Jrtlo Croek ttanclruq, an unrocordud oubdivlaion, of Kurr
• County, Toxnat aa~d. Tract No. A-34 wau convoyed to Wlllinln P. 1lug}-cy
artd wlfo, Vlrglo M. Ilugttoy and Jlnunie Goo llollalt from Vlrgil ll. uurttold
• by Warranty Dood dated Hurci~ 20, 1903, and roaordod in Volumu 274 at
Pages 793-797 of tl~o Dood Ruoordo of Kurr County, Toxnul the huruin
described tract boing all out of 9urvoy No. G22, D, D. Lowrance, in
uaid CowstyT and builTq rnoro purticulprly doalcribod by Motoa and boundu
at+ lollaws l
IIEOINNING at a ty" iron st,gko Sn the oentorllno of a cortain fifty foot
(50') Wido roadway and utllity oaooment, for the Nortltuaut cornor of
the hercln deecrlbod tract and tiro Southeast corner of 2'ract tto, R-]3
of said uubdlvioiont and wlllch polnt bonro approximately 2240.1 foot,
• N. G7'SD' W.. from L•ha South cornor of Survey loo. 1304, R. E. Haruhall,
• J-betract No, 600 in Raid Couptyl
• T1(ENC$, with the centerline of said roadway and utility oaaomont, }which
line forma the Northwoat lino of Tract No. 100 and the Eaat flea of
• the huraln daaoribed traot, D. 27.57' W., 75.00 foot to a ~t' iron
utako in the centerline of >iaid roadway and utility oaooment, for the
Southeast corner of the hereln doucribod traptj
T1IENCC, wlth thq 6outh lino oP tlto huruin doacrlbod tract, H. 67'10' W.,
pnaning at 25.10 feet a 1~" iron ntake in tlto 1Jortliwoat right-of-way
flee cf uaid roadway and utlllty oauumunl•, at 100.26 foot a y" tree
atnke nt the Eaat itlgl~ bunk of anld 'furtlu Croek, nt 241,39 fast a
-~' iron ataka at tliu lower Cnot bank of Hold Crouk, and contlnuing
for a totui diotance of 279,03 foot to a point In acrid Crock, for the
Soutiswoot cornor of the ho'roin donoribod tract, which point marks
••_ the Nortlt,wout cornor of a cortain 0.53 acre traokT
TIIk:NCE, with the Wout line of the horoln doucrlbod tract, which flee
iu in naid Turtle Croek, N. Ol•15' E., 109,20 foot to u point In uaid
Crook, for the Nortltwust cornor of the ltorain douorlbod tract and
the Southwo>+t oornor of naid Traol; No:' )1-33t
TlIENCE, wlth the South lino of naid Tract No, R-33, wltiol- lino forme
the North lino of the heroin doooribud tract, G. G2.02' E:., paaaing
at 297.60 foot a y" Lron utako Ln tiTO Northwoat lino of naid fifty
foot (50'} wldo roadway and utility oaaonront,•und continuing for a
• total dlatanca Of 322,G0 foot; to the PLhCL OF D6CIIJNING, contalning
• 0.61 ncroo of land wlthin tl~ouo matou and boundui 5UOJECT TO a
twenty-five Loot (25'~ wide strip of land along and abutting the
Eaot lino of the lteroln dasoribod trnot, boing the Northwant.ona-half
• Ih) of Aal$•titty toot (50!} wide roadway and utility oaaomont.
.~
,1ny. provisions herein whkh iesjritts'the sale. rental or use of the desabed re:
properly txuuse of color or race is iavaGd and unenlorccahle under Federal law•
THE STATE OF TEXAS ? ' ,
CDUNTY OF KERR ' .
I hereby certify that this instrument was FILED in Fik Numtxi Sequence an the
• elite and at the Ume stamped hereon Qy n,e and was duly RECORDED, in the
Offic»I PubUc records of Real Property of Kerr County. Texas on
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l~PR 0~. •29.9
.:; P . ~~
:,~~.
~~ COUNTY CLERK, KERB COUNTY. TEXAS
• Exhlblt "A"
~ M~~~
Af T1ME OF RECORDATI~1 BiTM~
WITS FOUND TO BE NAOEQV/E ~
THE BEST PNdTOGRAPF~C ,, ,
E of ~creamr, c~o~r a
~~~~
_ ~ ~~
COMM I SS 14NERS' COURT AGENDA REQUEST
*PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: ~reo Q, ~h . Ti~~ s ~~..
MEETING DATE: nl~cf" ~. /~ ~'~a~/i
SUBJECT: (PLEASE BE SPECIFIC)
~ ., ..~ L _ _1_
n-
EXECUTIVE SESSION REQUESTED: YES !NO
PLEASE STATE REASON ~- '
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYE:
OFFICE:
TIME PREFERRED:
fS ~,i/j ~f~e S
NAME OF PERSON ADDRESSING THE COURT: ~~ vic#' .C~~?'`~-
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 1s 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 : ~
All Agenda Requests will be screened by the County Judge's Office to determine 1f
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.