~, ~,~~
COMM i S51 ONERS' COURT AGENDA REDDEST
*PLEASE FURNISH ONE ORIGINAL AND Fi VE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Rav Lehman
MEETING DATE: september 14, 1993'
OFFICE:
TiME PREFERRED:
SUBJECT:	(PLEASE BE	SPECIFIC)	Consideration of excepting platting procedures
on the sale	of 21.29 acre	tract.	
EXECUTIVE SESSION REQUESTED: YE5 NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:' Commissioner Pct. 111
THIS REQUEST RECEIVED BY:
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 will be appreciated and contribute towards
your request being addressed at the earliest opportunity, See Agenda Request
Guidelines.
r- THLI 1 4 42 MCGU I NNESS & A~~:SOC I ATES P 0i2
IT.91'1HI Fn.y ^rvrr rNRlll?p•• •. ^U'MAan rYrR'wp•TV.:..atrvAT31^aThYn fY,•wN Mme'."°•^n~ 4r~.}:Trrrnrnr... r tnnn.. unttpl
q ~ ~ ~ • ~ :.
,, a~C' sY *~~` , h
{•~ ~ r6XXSr
~~
,,~ The Attorney General of Texas
JIM MATTgx ~ June 21t 1984 '
Alwrney [3enerai ny
~~,~
' Suprsmt fuurr punQinp ~ Honasable Dsle Hanna
~, p. a eoK rtSAS Johnson Count Aetorney •
Autrln, T% Te7r1. 95Ar Y
a~9ra595of 1st ti.aor, County Cnurthouee '"
Ttte+ a+oroTA.tasr Cleburne. Texas 76031
Tatenprnr 4t?iA7S•07aa
".°'~ hear Hr. Nannas '
T1l ~tcR{on SufU 7Da	
Otnt{ tx Ts?o9~A5as	The Attorney General's Office attenpta tb answer same inquiries
tu+T.a•s4AA	with an informal letter of this sort if it appears that the answer is
	strsigheforwnrd and the issusa ass not complicated. Ths tics and
AeaA Arptna Aw., sur+t {so	expense in pupating, reviewing, and approving a fas4ral opinion
Idt Ptna. Tx fsvos•x:o~	aimpi.y makes it impsacticsl to go Chia route fnr every tequese. If
atfl~593]AEA	far saws reason you need a more official opinion, plesre let us knee.
	tf a faxaml opinion request ie established on this question, it would
	in all likelihood be assigned co ma in say event.
iCY11 T4.t{, Full{ 760	
HCUArt>n, Tx. 11aat•~1 it
Tfsnz3seee	YOU haYS Aakad she Chet Ot a tact Of land ad aC
eat t0 aA
	.
axietin count roe ma a su v de w thout som 1 io w th i
	la a xoval re uixrmants i! there will be no roadr within the land
a0s aroatlwq. Ilullt 75i
'	w a a su Sv a e su ivis on pat approve tequ sement
Guboock T%,
rssOrdAra
cos+rA~59se	wrrvsa two purposes: the identification of land parcels los,ad
	valatsm tax purposes and the tegulaeion by the county o! psogo'aed
	road construction. The fret that no loads within s subdivision are
ASOB N Ttnlh, LWtt a	proposed is obviously istalsvant to the need to identify parcels of
Maavntn.Tx Tssor•+aos	land. The case of Trawaltes v. Schaefer, 179 S.Si,2d 76S (Tex. 1944).
stxrsea•ASAr	dircurrea the nee tb proptx y dantify land !or ad valorem tax
t	purposes, 'i'Fta answer to your question is found is the newly anaetad
Sao Mxh nitre, lulu Aoo	propeay Dods which consolidated existing atstutes. Article 8828a,
at~~ntonlo,rx. Te9os9TOT	which was both amended and repealed in 1983. pertains to the couney'a
e{ua95.'tst	suthprity to eseablieh and enforce road conseructian standards. 1
	refer you to the new county Road and Bridge Actt article 8701.2 vhlch
AnEquN GppquunlrTr	aimplq sesnacted article 8826s without its current amendments. Ta
AfhrmtUw Aellon Emplaytr	other words, the. law ire oat consistent. Hovevart section 12.002 of
	the Property Code is very plain and provides that a subdivision plat
	may noL bt rrcorded unless approved by the county os city as she teas
	al+sy be, if the subdivision plat complies with any applicable county
	regulations which may be ^ moot question if there ors no roe s v, ~th,
,i
n
	,
~F
the rubdivision, the commisrioners court ~~s` under i Ta~nisterial,
d{rey~
	4
sp appTOVe',S~e p~lot if-~ tFie~ts ar`e ~ouffieiently daxaribtd ~ for talc
p
t
C
C
k J
i
y
~
l
P
	urposes,
r you
o
r
ovmriae
avre v.
ran
eattrJ
e a
vners
	L~evalOp ant Cam n . 199 S.v.2 1 a ( •x, Cdv. App. - D• iu t r
	VTLC L! d .h. i.t, . '
~`HU 14:43 MCG U.I PT~~E SSm_6T~nA 8SO C~Z'ATES~. P.. ,03
.:,.n.. ~.,~-.-,.~. .~r...r....
i. 1984
"\+a
i believe your nonstruction of artitle 6626a is cotreet in that a
ro srt for toadfs of ublic use. Under section xz.VUZ of tn• rTOplTCy GOde,
ovever. a may not ! a any pint unless approved by the county. Thus, he
~culd,have to self ~~,e land ~Y g{atae •od bounds. ~ conclude oChsrvLee_vould
e wire the owner of an to ert who sells a oxtion o~ a a n 1• tract to
pre~+ase a p at or coammiasioners court approve r
Very truly youra,~
r ~ ~ 4" ,
David D, Brooks
Assistant Attorney General
DEJer

~/ / r
<~',: -' !fib I r~ .i ~l-rM~{'dl
i' n
~,

1f Johnson County needs a more official opinion on this question, ve can
of Course render ,one. Hovevar, by simple constraint of raeource^ ve try to
snaesr come quentiana with informal leeeera or phone calla. If ve do not hear
from you further. ve will assume that this letter has satisfied your Heads.
Mark T. Andrews
~/lornvy ,~/ G'arn
500 Maln Street/ Sulto A
Kerrville, Texm 78028
512-257-4111
September R, ].993
Mr. Franklin Johnston
Kerr County Engineer
101 Spur X100 '
Kerrville, Texas 78028
RE: Sale of 1.29 acre
J. Barber and wife
and wife, Janet C.
Dear Mr. Johnston:
tract in Kerr
Pegg}~ Barber
Berth.iaume
County, Texas
to She~-iadan J
R
from Marion
Berthiaume
As we discussed, Mr. & Mrs. Barber have contracted to convey
a 21.29 acre tract. of land owned by them, in the Turtle Creek area
of Kerr County. A copy of the Legal description for the 21.29
acre tract is attached (herei.n the "21.29 acre tract"?. The
21.29 acre tract is out of a 69.7 acre trait that was purchased
by Mr. & Mrs. Barber in 7.980. The other porCion of the 64.7 acre
tract, being approximately 43.4 acres, was sold and conveyed by
Mr. & Mrs. Barber i.n 1985.
All of phis property has continually fronted on Bushwack
Road and no roadwork has been done nn the tracts. The septic
system om the 21.29 acre tract has been inspected and approved
and the license has been transferred t.o the buyers.
If. it i.s your opin.i.on that, under the above circumstances,
the sale of the 21.29 acre tract can pr.oreed wi.thoul: platting by
the County, please so indicate by signing }etow and having your
signature acknowledged.

Thank you very much for
matter.
FRANKLIN ,70HNSTON
Kerr County Engineer
your Lime and assistance in this
Very truly yours,
Mark T. Andrews
(Acknowledgment)
STATE OF TEXAS §
COUNTY OF KERB ~
This instrument was acknowledged before me on the
of September, 1993 by FRANKLIN JOHNS7'ON.
Notary Puh]ic, State of Texas
Commission expires:
Notary type or print name
day
DEING ALL OF TIIAT CERTnIN 21.29 ACRE, MORE OR LESS, TRACT OR
PARCEL OF LAND LYING AND DEING SI'fUA1'ED IN 1'lIE COUNTY OF KERR,
STATE OF TEXAS, DEINC PART OF A 64.7 ACRE TRACT REFERRED TO
AS TRACT 1 OF TURTLE CREEK RAN CITES, AN UtIRECORDED'SUDDIVISION
OF KERB COUNTY, CONVEYED FROt1 F.V. GARVIN TO hIA RION J. OARDER
ET UX DY WARRANTY DGED WI; TII VENDORS LIEN DATED TIIE 25TI1 DAY
OF FEORUARY, 1900, AND RGCORDEb IN VOLUME 2J2, PAGE 72, DEED
RECORDS OF KERR COUNTY, 'rexns, DEING MORE PARTICULARLY DESCRIDED
DY METES AND DOUNDS AS FOLLOWSr
DEGINN ITIG 'at an existing y" iron stako in tiro centerline of
Duslrwack Rood, a 50 ft. wide road easement, for the most
Northerly corner of said, 64.7 acre tract, tiro Nor tl; corner
tre re of, wlrlclr point bears approximately 1220 feot Nor tl;, and
1992 feet West from Lire Eas t: corner of Survey No. 13721
TIIEtICE along tho Northeast lien of said G4.'/ acro' tract 5 00•
17' 14" E at 25.07 Poet passing an nxioLing y" iron stake in
tl;o East right-of-way lino of Duslrwack Road, bning a Westerly
corner of a 173.7 acro tract convoyed from Dr. Walter F.
Qualtrough et ux to Sheridan J. Derthiaume et ux by deed datod
tiro 10th day of April, 1909, and recorded in Volumo 505, Page
503, Real Property Records of Korr County, Texas, continuing
52.01 feet in all to an existing y" iron sta ko at ^nglel
TIIENCE along the Northeast line of said G4 .7 acre tract, the
Sou ttrwest lino of said 173.7 acre tract as followsr
1) S 44. 44' S9" E 37A.09 feet to an "X" set in concrete drivo,
Erom wiricll an existing ti" iron stake bears 21.25 feet S 24'
27'~ WI
~ 2) N 40. 40' 35" E 15.02 feet to an "X" set in concrete drive;
3) 5 A4' 00' ~E 751.16 feel to an existing 5" iron stake at
' fence corner post] and
4) S O1•i14' 51"'E 157.64 feet to an existing 3/4" iron stake
at tho waters edge of Dushwack Creek for the Nortlrn ast cornor
hereof;
j TIIENCE along the approximate centerline of thn creek bed of
Dushwack Creek, all calls to an unmarked pointy S 13• 26' 10'
E 231.63 feetl 5 1J' 02' E 150.67 feetl S 03' 19' W 95.51 Feetl
S 33• 40h W 127.09 foots 5 60• 32' W 130.54 feet] N 76• 27' _
W 230.58 feat] N 72• 37' W 154.25 feed M SA' 25' W 360.95
feats N 50• 35' W 163.62 feet] and N 56' 29' W 402.76 foot to
' a point in the wators of Dushwack Creak, the centerline of
Dushwack hoed, lying approximately 2.3 fact Southeast of a '
concrete bridge, 141.66 feet N 77. 31' E from a y" iron atako,
and 155.34 feet S 77. 31' W from a Is" iron stake, for the most
. Westerly corner Ire reofl
T1IENCG along the centerline of Dushwack Roadr N 77. 31' E 155.34
f eot to a sot h" iron stake; N 10• 27' 43" a 206.54 foot to
an ox is Ling h" iron atalm; N 04• 44' 43" W 176.53 fnnt to a
sat y" iron stakes and N 06. OS' 20" E 401.40 Feat to tl;n PLAQE
' OF DEGINNING, containing 21.29 acres of land, more or less,
within theso motes and bounds.
It
r`'l~unoTitlc Insur~t~ce
pgDER NO. 21616
~'p ~n 5I~~`5 ~ ~~,ATI~3S
E~
Se~e~~z 14 ~ 1.993
Vol T, page 1-76