ORDER NO. 21035 APPROVAL OF VARIANCE FOR GLORIA ANN CARROW FOR THREE ACRE TRACT On this the 10th day of August Commissioner Oehler, seconded by Court unanimously approved by variance from Subdivision Rules septic tank permit for three acre Martinez Survey Ko. 124, Abstra~ 1992, upon motion made by Commissioner Holekamp, the s vote of 3-0-0, to grant and Regulations to obtain tract of land of Francisco ~t # 247, for Gloria Ann Carroty. 4 COMMISSIONERS COURT AGENDA REOUEST * PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: ~ ' MEETING DATE: ~ ~ OFFICE: TIME PREFERRED: ~~• ~S /'T~~ / ~'~ SUBJECT: ( PLEASE BE SPECIFIC ) i'~~vPSf ~- t ~~'~~4 ~`~'y~ ~i!'i r/i Si o H ~ // v ~S rr' /f E~ C~ /mar Rio ~+ s' •~ G~ ' T ~ ~/4 / ~~ ~J / // I/~f ///J / , Y S ! tic/ ~E'C /eK l ' ~ T / ~ /i~ ~ ~i ~ f ~ Osr f ~ e~ce~ ~ ,may ~-~_~~ti ~o~ o ~• ~˘,~ ~~ ~ ~bys. EXECUTIVE SESSION REQUESTED: YES NO PLEASE STATE REASON ESTIMATED LENGTH OF PRESENTATION: / ~ /77i-~~/ PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING 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. of previous Wednesday * Meetings held on Thursdays: 5:00 P.M. of previous Thursday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON All Agenda Requests will be screened by the County Judges' Office to determine if adequate information has been prepared for the Courts' formal consideration and action at time of Court meetings. Your cooperation will be appreciated and will contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. ~,/ l `~~ S ~ ~o~hdS `~~'Sc~i--~~-ro-~ . _~rs-~--oc~S ~J~e~•J' k. r ,~ ~ -f / r -SGafa~ C QE?i^/f7/. ~ ~L"G'~/ ,~'~rr~r /~ G Q°~ T~O~/z'!' C..OIi/~~ Osi ~~i'!G/ STrj ~US ~ ,.54 ~i 3~'~ ~ Q 2 /~ O t ~~T'G. ~~ S. ~!#.F -~ r ^- A r ' ' ~ i3ectloa IY VOL: 291 PAGE 335 ~1}P,pLtCAMtJ'F'T+17~lID`EItIrORCBMBNT~ {.01 No plat sha21 be flied for record in Kere County unless the etandatds confined ar refemd to herein, where applicable, have been complied __ _ with in tuft. ~~=~:.. LOZ fn behalf of the County, the County Attorney i_ ' shall, when directed by the Comrsissionen Court. Institute sppropefats action In a court of -~_ competent jurisdiction to enfares the provisions of this Regulation or the standards referred to herein with respect to any violation thereof which occurs within the County. 1.0~ It any subdivision exists for which s final plat has not been approved or In which the stahderds•conta{ned or refereed to herein have not been compiled with in full, the County Commissioners shall pass a resolution reciting the tact of such noneomplienee or failure to secure [final plat approval, rand reciting the fact that the provisions of paragraphs 4.01 end i.02 of this seetton will apply to the subdivision and the iota therein, the County Clerk shell. when directed by the Commissioners' Court, cause a certified copy of such resolution under the corporate seal of the County to be tile0 In the Deed Records of Kerr County. It full compliance and floe! plat approval ere secured liter the iNing of such resolution. the County Clerk shalt forthwith file an instrument in the Decd Records of such county stettng that paragraphs 0.01 and 4.02 no -anger apply. {~.,Q~~ Provided, however, that the provisions of this section shaft not apply to any lots upon which the Isst recorded cor-veyence, prior to passage of these regulations, was by metes and bounds, and/or any subdivision, or lot therein, .~ recorded or unrecorded, which was in existence or in process of development prior io the L passage of these regulations. ,Sectlon~ Y ' ~VAltfANCfSg ~ Tha Commissioners• Court may authorize a variance from these regulations when in its opinion. undue hardship wll2 result from requiring strict compliance. in granting a variance, the Court shal- prescribe only conditions that it dce~ns Y necessary to, or desirable In. the public Interest. to making the findings hereinbelow required, ' the Court shalt take into account the nature of the proposed use of the land involved. existing uses of lend in the riclnity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such vnrianee upon traffic conditions and upon the public healtA, safety. convenience and welfare in the vicinity, No variance shall be granted unless the Court finds; 5,01 Tnat theca are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Regulation would deprive the applicant of the reasonable use of his land; and 5.02 Thet the variance is necessary for the preservation and enjoyment o[ a substantial property right of the applicant; and • r VOI: 291 PAGE 336 A . !<.OS 7hat the granting of the variance will not be detrimental to the public heaith, safety or welfare, or injurious to other property In the area; and ' !<.O{ That the granting of the verienee will not have the effect of pptterenting the orderly subdlriston of other lend in the eras in accordance with the peorlsiens of the Regulation. such (lndings of the Court together with rho specific ~ facts upon which such findings are based shall be incorporated into the official minutes of the Commissioners• Court meeting at which such variance is granted. Varlanees may ba granted only when In harmoth- with the general purpose and intent of this Regulation so • that the public health, safety and welfare may be secured end substentiet justice done. Pecuniary hardship to the subdivider, stendtng alone, shell not be deemed to constitute undue herdshtp. - Section VI ~EYELOPt:R9 RESFaN~ltl[L(TY fAR C'n3T1 .-wrrrrs; n r Ir. ;n y "777 • rR!/C.ftI4 d ~ ~(K m~~Y Y~~fy ' ~ ': sliA'~w; mac aatp ~/IM~7'/ lr K.'N! PJ tI19mR0 AVW . - MKJLI . ~• •. C L 1~ 1 ' ~J~ ' (~ ~ ~ ~ ~ ~ ~ p~nS. ~~' • ~nr~r.ir,ns.!l~7r! raur Y r . ~' r, ' yEy~ 1 ,ri" Jx' S Wlt AtOaa / '` 1~ J - ~,.~ ~i' r ~ ..r 7 'ter 4+.r.`~4'~Yiw. ~! ..~ .. A5}'O.t yi -{, 77 ~~~[ N7a. yr, ..iLj!_'~ Y r ~ ~ O.C k• 7tl'M7AIYJXI% LWI'~ a'"~ ' ~ ~ n nkc ciunr>.w a~ milt. ~w a. ^ ~ r ~. ~ ~.~~:.~ ~ ~ ~r+~ r r ii =:(a< il, 'c .1~~~~r~rt,l ~ J.t 't7 ~ T ~p i ! ~ , ~ ~_a F !'M1l ,ceenx~aaa ,~. a ' ~ +'Iw MtfT/} ,err - .d h~4 ~j a- { ~ ~ I j J .~ a X x i Y ,y,d. ~yj n' r j ~~}' ~ .;lr~ ~z Y" ~`. ~ '.~y JJ ~i~A- ~r„ . ,,, ~ r a.'riG4LG __..a r~ r MM111 l' .. 4 ~ \ , ~y .5 ti k /, n w kx ~ lti~ (, r I ~ y r ~ - ~ • w 4~ u~ . ` .~ , -, I ' 1 ~ Py f•• .~: ~pw 57: .J I~ Y 1 ~., ~ ~.:. ~ } ~ 1 J ~~FF F ` ~.y . ~ . .,: ~ ,~ .. r .. ~~ ~Y wrm S vw •''r ' ^'^. r e4 ee ec ti '. ~ ,.Y .n •n r.. .tAtfv0,1 G ~ FFF ' ~ ~drt~ r Y32~L__r__--- -~ ~_~~ ' r:• r ~vo,•r•r% a7c~' ._f xr r4r__ Z°+y M~1A„ctk•~•µf. rtit ~^ ~.~ r-' i'"f 7~Sh ~~ r ~i~l.~ t~ • ~,,,," ~ 8 -~,~,,:~,~'`~~ ~ ~ : , ~~.~~ ~ .;.,~ YEY PLAT OF. A F/VE (5) t1 C- k,.~.,,,,1{. 'emu ~,~ ~ ~/~ ~':, ~, . ~ r ~ND'OllT OF.FQQNG/SCO M,C'. ~ ~ ~ ` ~ ~ ~_°J?4~"~ 6 7lZr~C ~ ` ~;,±pa~ ~~~ ~e,44u~~yrs~rwr.~0 Aver.rG .ririlve~rnr~sjf~~li'~T ~,d'q~~?'atFL'${r'~l:,,ic3t~l9.;i~ hI r r~ J } -, t 1 r r 9 r 7. a< {' I m°, 7 .{ 1 °! 2 j~ ,f y r '.'yu ~ ~ r ~, I ti r ~ t•l ., A~ ~N,~io Ca.~ . f th ~ A+I~ESz ~ +r~~p'~, ~~I Yi tJy rl. rk ~V _ry~lk ~ ~r NMI .f~~,~VrY~~ '•~0~ a1Ji1 a~~,r .r t''`r~f 5'rs. Y~,rel, f ~ y' d } ~, i+ r t ,1, >. w r ~ } ~~ ~ ~ ~~ 1~~ !F ~ } ~ ' } S r ° \ I ~F ~ ...+ ~, i `.~1t~ r ~ , it 1. ~ 111( L -~ ~ . t•r '~k' ~•h r+~l 9 ~I{ *~~ ;i~ y~, r, a ~" r:' ~ ~ r ~ A,; ~• ,' ii ,. W~'~, rr ~.~8, r . r , ~ ~ • ~ 4 r-~ • .---•.•~ -~ -. ~ i'rcparrJ by the Slate Bar of Tczac fnr usr by Lawyers only. 1 I.73 lOM N ~ T 1 ~ ~j To telecf the proper jorm, Jill !n blank tpacri, rtrikr our ~omr provlrlons or tnsor 1 1 L rpectaf Ie-rnt eonrrfrurcr thr pracNcr of law No 'ttondartf Jornt" non nrrrr ~!i • ngvbrrnenlr. ~' ~ WARRANTY DEED ~~~' ~7G PAGE ~S3 ,~ • ~ (LONG FORM) THE STATF. OF TEXAS • lO`71~ KNOW ALL MEN BY THESE PRESENTS: ' COUNTY OF KERR That JAMES B. GOSS and wife, DORIS L. GOSS of fire County of Kerr and State of Texas - for and in consideration of the sum of .TEN AND NO/100 ($10.00) ----------------- DOLLARS I ~ and other valuable consideration to the undersigned paid by fire grantees herein named, the receipt of which is hereby acknowledged, liavc GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto • Reinhold John Mueller and wife, Dorothy L. Mueller of the County of Kerr and State of Texas ,all of file following described real property in Kerr County, Texas, to-wit: YOL. / 7G PAGE ~ s~ Being a certain 3.000 acre tract or parcel of land out of Francisco Martinez Survey No. 124, Abstract No. 247, in Kerr County, Texas; being part of a ten (10) acre tract conveyed from Sarah E. Griffin, a widow, to James B. Goss and wife, Doris Goss, by a warranty deed dated the 29th day of April, 1958, and recorded in Volume 102 at Page 600 of the Deed Records of Kerr Co~inty, '!'exas; said 3.000 acre tract being more particularly described by~metes and bounds as follows: BEGINNING at a 1/2" iron stake for the east corner of the herein described tract in the northwest line of Doris Street, a public road, the south corner of a 5.000 acre tract conveyed from James B. Goss, et ux, to Robert Jackson Bowie. et ux, by a deed dated the 20th day of September, 1974, and recorded in Volume 175 at Fage 440 of the Deed Records of Kerr County, Texas, which point bears approximately 4595 ft. S. 45° W. and 779 ft. N. 45° W. from the east corner of said Francisco Martinez Survey No. 124; THENCE along the southwest line of said Bowie 5.000 acre tract, N. 45° 00' W., 735.42 ft. to a 1/2" iron stake, the north corner of the herein described tract and the west corner of said Bowie 5.000 acre tract; THENCE along a fence and the northwest line of said Goss ten (10) acre tract, S. 45° 53' W., 177.72 ft. to a 1/2" iron stake for the west corner of the herein described tract= THENCE S.. 45' 00' E., 735.42 ft. to a 1/2" iron stake for the south corner of the herein described tract in the northwest line of said Doris Street; THENCE along the northwest line of said Doris Street and the southeast line of said Goss ten (10) acre tract, N. 45° 53' E., 177.72 ft. to the PLACE OF BEGINNING, containing 3.000 acres of land within these metes end bounds. Surveyed on the ground and field notes written by D. R. Voelkel, Registered Professional Engineer No. 8889 and Registered Public Surveyor No. 443, on October 28, 1974. This conveyance is made and accepted subject to all re- strictions, covenants, conditions, rights-of-way and ease- ments, if. any, affecting the above described property that are valid, existing and properly of record. __ I~ 'POL. ~ 7G PAGE ~ ss' i ~, ~ TO HAVE AND TO HOLD the above described premises, together with alt and singular the rights and appurtenances thereto in anywise belonging, unto the said grantees their heirs and assigns forever; and we do hereby bind ourselves; our heirs, executors and administrators to ~iVARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantees their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. It is specifically understood and agreed that this conveyance is made and accepted on the condition that no swine will ever be kept on the herein described property. I __ A. D. 19 74 • ' EXECi1TED this 15th day of November ~1l.ED FOR RECORD . A."~~ ..... ......................................... 'i~oi Goss w~V i 91974 I only rt, err un y~ ttxe6 ~ ~~~~ I (Acknowledgment) T1tE STATE OF TEXAS COUNTY OF Kerr Before me, the undersigned tuthorlty, on this day personally appeared JAMES B. GOSS and DORIS L. GOSS known to me to be the person....S....whose name S...s~~esL'~scribed to the foregoing instrument, and acknowledged to me that.......1: ,4e~.,~.;executed the same for the purposes and consideration thereto expressed. ~ ~~• ~iven under Mq'fiat~d and seat of office on this the 15th_ ;,~: ,__day of November ~.;~,,, A. D. 19 74;,x!, • r' ; r,. Nutar~c in end for Kerr County, Texas. ..: ,.~ :., .. ~' j'r' •,, Filed for record November 19, 1974 at a:05 o'clock 1?. M. Recorded November 21, 1974 E1dNIIE Iii. MUENKERr Clerk By Deputy ~-/-iti BV~~... 479 PAGE 598 !~GIFT~a DEED;x THE STATE OF TEXAS § THE COUNTY OF KERR § KNOW ALL MEN BY TfiESE PRESENTS: THAT I, REINfiOLD JOHN MUELLER (sometimes also called Reinhold J. Miller and/or R.J. Mueller), ("GRANTOR"), of Kerr County, Texas, for and in consideration of the love and affection which I have and bear unto and toward my daughter, GLORIA ANN CARROW, whose address is 607 Lake Drive, Kerrville, TX 78028 ("GRANTEE"), have given, granted and confirmed, and by these presents do give, grant and confirm, unto the said GRANTEE, as her sole and separate property and estate, an undivided one-half (1/2) interest in and to all of the following described property situated in said county, bounded and described as follows, to-wit: {See Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes, together with all improvements situated thereon. TO HAVE AND TO HOLD the above-described premises unto the said GRANTEE, as her sole and separate property and estate, her heirs and assigns, forever. WITNESS my hand this ,~(v~day of ~. .~~~~~ , A.D., 1988. REINfiOLD JO~i~ MUELLER THE STATE OF TEXAS § ~`t~, ~Y 1vg~ ~ ent was acknowledged before me on the ~~! - sdcay of . i~~'t~9 ti by REINHOLD JOfiN MUELLER. a ~ ;, ~'., •''•.,, •fxoiaES•,.:''' ~~.~~- ~~ tary Pubtic ~ ~''%,,~~6.'3Q_92..~~`~~`~ '- State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: GLORIA ANN MUELLER THOMAS W. POLLARD / 607 Lake Drive 951 Main Street Kerrville, TX 78028 Kerrville, TX 78028 Itr1 ~~:,,~ Dtrd A0.!! -~~~~~~ o~,~ dr ~ : 0 6 p~ n CbArCaunb C rl Ilea oun . ftcfl 7e`x_' ~"~' CeD~' EX1tIBIT "A" ~Q(,~479 PAGE 599 1. A11 that certain tract or parcel of land described as being Lot No. Eleven (11), Block No. Eight (8), Richeson Subdivision No.2,to tl~e City of Kerrville; Kerr County, Texas,as per map or plat thereof dated march 3, 1959, recorded in Vol. 2, Page 72, Plat Records of Kerr County, Texas, and being the same and identical property described in deed from Marjo- rie Lee Basse, a feme sole, to Reinhold John Mueller and wife, Dorothy L. Mueller, dated August 18, 1972, recorded in Vol. 157, Page 815, Deed Records .of Kerr County, Texas; 2. All that certain tract or parcel of Land, lying and being situated in the County of Kerr, State of Texas and being all of Lot 3, Block 9, Richeson's Subdivi- sion No. 2, City of Kerrville, C. Self Survey No.626 said subdivision recorded in Vol. 2, Page 72, Kerr County Plat Records, and being the same and identi- cal property described in deed from Edward J. Mills and wife, Doris Mills to Reinhold J. Mueller and wife Dorothy L. t•fueller recorded in Vol. 164, Page 686, Deed Recards, Kerr County, Texas; 3. Being a certain 3.000 acre tract of land out of Francisco Martinez Survey No. 124, Abstract No. 297, in Kerr County, Texas, being part of a ten (10) acre tract conveyed from Sarah E. Griffin, a widow, to James B. Goss and wife, Doris Goss, by a warranty deed dated the 29th day of April, 1958, and recorded in vol. 102 at Page 600 of the Deed Records of Kerr County, Texas;•said 3.000 acre tract and being more particularly described by metes and bounds as follows, to-wit: BEGINNING at a 1/2" iron stake for the east corner of the herein described tract in the northwest line of a 5.000 acre tract conveyed from James B. Goss, et ux, to Robert Jackson Bowie, et ux, by a deed dated the 20th day of September, 1974, and recorded in Vol. 175 at Page 990 of the Deed Records of Kerr County, Texas, which point bearsoapproximately 4595 ft. S. 45° W. and 779 ft. N. 45 47. from the east cor- ~ ner of said Francisco Martinez Survey No. 124; THENCE along the southwest line of said }3owie 5.000 acre tract, N. 450 00' f9., 735.92 ft. to a 1/2" iron stake, the north corner of the herein described tract and the west corner of said Bowie 5.000 acre tract; TIfENCE along a fence and the northwest line of said Goss ten (10) acre tract, S. 45° 53' f~i. 177.72 ft. a 1/2" corn stake for the west corner of the herein described tract; T1iENCE S. 45° 00` E., 735.42 ft. to a 1/2" iron stake for the south corner of the herein described tract in the northwest line of said Doris Street; T1iENCE along the northwest line of said Doris Street and the Southeast line of said Goss ten (10) acre tract, N. 450 53' E., 177.72 ft. to the PLACE OF BEGINNING, containing 3.000 acres of land within these metes and bounds. Befnq the same and identical property described in deed from James B. Goss and wife, Doris L. Goss to Reinhold John Mueller and wife, Dorothy L. Mueller, dated November 15, 1974, recorded irf Vol. 176, Rage 453, Deed Records, Kerr County, Texas; EXHIBIT "A" Va~.'479 PA~E 600 q. Lot Five (S), Deerfield Subdivision, according to and as shown on plat of such subdivision recorded in Vol. 4, Page 99 of the Plat Records of Kerr County, Texas, to which plat and the record thereof reference is here made for all purposes and being the same and identical property described in deed from Carl Harvey Brinkman and Jack Moore, to R.J. Mueller and wife, Doratfi}~ L. Mueller, dated July 5, 1976, recorded in Vol. 210, Page b99, Deed Records, Kerr County,•Texas;,' RECORDEOIN ;~ fILE bATE• ;ay Wcx'i:~o': berrin a6icb re;tr:a: 11e sak, rer.L•t er use cl the OcuriDed real 9~" fr.:^'': Y.;r_•.a et rnkr a rx: z mra46 ant unnWrtub4 un0u fetcrl (aw. f ILE TIME• .,~; Q( O'CLOCK ~ ~ It~= '1~'•: Of iiJU+:, M 10'JNI'r CF t.ERN VOL, PAGE:' J 9 S' I t:ne0; c:rJ; teat tlia ,ny~~ert ms f11E0 ,r. F.~˘ dw-her k~uence ea tAe :at• an0 •I tr.~ t:n_ nUs;ert !R,eos by ru anC w~f a:,tt RfCORQED. i~ !ha RtGORDIHG DATE UNr;U YutNc recaQs of Re:i Preferh of Ten Ccunly Texas M AUG 3 1988 AUG ~ i988 ,M „ry •i~t OI q(qq PATRICIA OYE r- r OUNTY LER KERB COUN (~` ~ p~ ~~ _ , QY _ to~~ ~ ~ ~ COUNTY CLERK, KFRR COUNTY, TEXAS Page two of two pages •~ ~ , . - O