ORDER NO. 22235 ARPROVAL TO AMEND ORDER NO. 01731 ON THE CLOSURE OF GURNEY ROAD On this the 23rd day of August 1994, upon motion made by Commissioner^ Oehler^, seconded by Commissioner^ Lehman, the Court unanimously approved by a vote of 4-0-0, to amend Or^der No. 21731 on the closur^e of Burney Road as submitted: Or^der^ No. 21731 Approval of Closing Burney Road On this the 7th day of December^ 1994, upon motion made by Commissioner Lackey, seconded by Commissioner Oehler, the Court unanimously appr^oved by a vote of 4-0-~, to close Burney Road from Hwy 27 to Baltic save and except that portion of land abutting Baltic mor^e par^ticular^ly descr^i bed by metes and bounds in the document attached hereto, and identified as Exhibit A, which is incor^por^ated fully her^e in by r^efer^ence, based on the recommendation of the County Attor^ney~s Office, County Engineer and the Railr^oad Commission Quinton Aaberg. Effective Januar^y 1, 1994 with the gates to be the r^esponsibility of Kerr^ County and the locks to be the responsibility of the landowner^s. COMM I SS i ONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: ---~---~~~~ ~'1 _ MEETING DATE: Z ~ ~~ `t SUBJECT: (PLEASE BE SPECIFIC) • , ~- . - • _ _ w r/ __ ~ U __ _ OFFICE: C w ~S C~C• TIME PREFERRED: emu. f~.crtd, clsaun.e z~ ~-r~_ lVo . -x/73 / d4~ ~Lc`'~ .= i-- i i . i _ EXECUTIVE SESSION REQUESTED: YES = NO PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: ~~ • PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: S~ ~~L~~~ Time Tor submitting this request for Court to assure that the matter 1s posted 1n accordance with Article 6252-i7 is as follows: * Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON : r~ All Agenda Requests will be screened by the County Judge's Office to determine 1t 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 you request being addressed at the earliest opportunity. See Agenda Request Guid lines. AGENDA ITEM SUMMARY RICHARD WIZBICKI -- BURNEY ROAD On December 7, 1993, the Court entered Order Number 21731, which abandoned approximately one mile of road known as Burney Road from State Highway 27 to Baltic. The effective date of the order was January 1, 1994. A copy of the order is attached. No deed to the County is known to exist for this section of road. It is assumed, therefore, that the road became a county road through the theory of Implied Dedication. The abandoned road traverses an approximately 12.61 acre tract of land owned by Richard Wizbicki for a distance of a little over 500 feet. A copy of the Plat of the 12.61 acre tract is attached. The metes and bounds description of this tract takes in the entire portion of the road that burdened his estate. In mid to late June, Mr. Wizbiki inspected his property and found that a fence had be placed down the eastern boundary of the road and that no gates had been provided for access to his property. He called the County and discovered that the road had been abandoned. Upon further investigation, he discovered that an adjoining landowner named William Fritz, Jr., also known as "Junior Fritz," had erected the fence upon the urging of "the County." Road and Bridge knew nothing of the erection of the fence. Mr. Wizbicki, through his attorney, has contacted Mr. Fritz and is attempting to resolve the fence problem. Since Mr. Fritz has not yet complied with our suggested solution to the problem, Mr. Wizbicki must assume that Mr. Fritz is attempting to dispossess him of his fee title to the land in question. The Court's action in this matter, therefore gains greater importance. The County Road and Bridge Act, Article 6702-1, et seq., provides for the establishment and discontinuance of county roads. Under the Act, a public road may not be discontinued until a new road designated by the commissioner's court as a replacement road is ready to replace it. TEx. REV. Czv. STAT. ANN. art. 6702-1, § 2.002(a)(1)(A) (Vernon Supp. 1994). Mr. Wizbicki had no notice of the closure and as a result of the closure has no county road access to his property. In fact, as a result of the construction of the fence, he has no access to his property at all. Section 2.002(e) of the Road and Bridge Act suggests remedies for a landowner whose access has been terminated by abandonment.TEx. REV. CIV. STAT. ANN. art. 6702-1, § 2.002(e) (Vernon Supp. 1994). That section also provides that the abandonment transfers title to the adjoining landowner. Id. In this case, Mr. Wizbicki since his title runs all the way across the road. Mr. Wizbicki hereby offers to execute a Release of Liability in favor of the County for any claim that he might have against the county as a result of the road closure, in return for: 1. A Quitclaim Deed from the County to him for the road segment in question; 2. Moving the gate presently installed at the intersection of Baltic and Burney Road south to his property line; and 3. Amending Order Number 21731 to except from abandonment that segment of Burney Road from Baltic to Mr. Wizbicki's property line. The proposed Quitclaim Deed and Release of Liability are attached. Mr. Wizbicki therefore respectfully requests the assistance and cooperation of the Court and looks forward to a fair and equitable solution to this problem. Stan Reid Attorney at Law ?. - .. ~r~~Lw - ~' o ``~ o- PARK. PLAc:E is .u ~, _ ~~ ~- -~ " `"' recorded i!i Vol . 4 . c •~ ~ V, ~ a t ..l at Pa. 273 of the ~~~. :~o e - - o z 1 1: Plat Records of Kerry `~ ~' . o ~ ~! Count Texas . ~ 9e~is; r•aoo' . - ..-, lw ~ ~ >.. - f ~ , W 5.: ~ ~ U1 !.n i ~~ ~- ~4ci ~ ~ - ~ f ~. I ~ f r I • / s 't . f . O 1 ~ ~ t t ~ 1 ~ - f ~ ~ O 1 !~ ..1 i ~~ ~ _ O=~,Si r l t 1 I O •} ~ I I \ a ~ C, ~, ~ ,~~ ~' oa- ~- ~ ~~"~ ~J 6 ~~_ QUIT%i~Ailri STATE OF TEXAS § COUNTY OF KERB § That Kerr County, Texas, a duly constituted political subdivision organized and existing pursuant to the laws of the State of Texas, hereinafter referred to as "Grantor," for and in consideration of and in accordance with the provisions of article 6702-1, §.2.002(e) of the Revised Civil Statutes of the State of Texas, ten dollars and other good and valuable consideration to Grantor in hand paid by Richard Wizbicki, hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, and for which no lien is retained, either express or implied, has quitclaimed, and does by these presents bargain, sell release and forever quitclaim unto Grantee all of Grantor's right, title, interest, claim and demand in and to that certain tract or parcel of land, situated in the County of Kerr, State of Texas, and being more particularly described in Exhibit A, which is attached hereto and is incorporated herein for all purposes. TO HAVE AND TO HOLD together with all and singular rights, privileges and appurtenances thereto in any manner belonging, unto the said Grantee, his heirs and assigns, so that neither Grantor nor its heirs, legal representatives, nor any person claiming under Grantor shall at any time in the future have, claim or demand any right or title to the property described above, premise or appurtenance, or any part of that property, forever. IN WIT S WHEREOF, this instrument is executed on this the day of C.~ , 1994. E Ker County Judge STATE OF TEXAS § COUNTY OF KERB § Before me, Thea Sovil, a notary public in and for the State of Texas, on this day personally appeared ROBERT A. DENSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Gi n under my hand and seal of office on this the ~ day of 1994. ----, ~;.~~~~ TI-!EA SOV`.L (~ta}, Notary Publls,.St.1te ni T`~as ~ (j~~~ ~ My Ca~nmisston G::pi,•es ''+r a ~+'~~ JANUA£zY 9, 195.ri Thea ovil Notary Public in and for the State of Texas Grantee's address: 10309 Little Sugar Creek Converse, Texas 78109 ATTENTION COUNTY CLERK: PLEASE SEND PLAIN COPY TO COUNTY ATTORNEY'S OFFICE AFTER FILING. C ~ /\' I , eputy `~~ EXHIBIT A FIELD NOTES DESCRIPTION FOR 0.21 ACRE OF LAND OUT OF LOT NO. 12 IN PARK PLACE NEAR THE TOWN OF CENTER POINT, KERB COUNTY, TEXAS Being all of a certain fifty (50) ft. wide strip, tract or parcel of land containing 0.21 acre, more or less, out of Robert Brown Silrvcy No. 3G, Abstract No. 28 ill Kcrr County, Texas; part of Lot No. 12 in Park Place, a subdivision of Kerr County according to the plat of record iu Volun-c 4 al Page 273 of the Plat Records of Kcrr County, Texas; and being more particularly dcscribcd by metes and bounds as follows: BEGINNING at an existing 3/4" iron pipe in the west rig1U-oC way line of Burney Road, a fifty (50) ft. wide public road easement for the southwest corner of the herein described tract and said Lot No. 12; which point bears, approximately, 8834 ft. North and 2840 ft. West from the soulheas! corner of s<~id Survey No. 36; THENCE, along said fence with the west line of Lot No. 12 and west right-of--way line of Burney Road, N.00°16'W., 179.84 ft. to a point for the northwest corner of the herein described tract; THENCE, upon, over slid across s<~id Lot No. 12, S.75°47'E., 51.64 ft. to a point where the east right-of--way line of Burney Road intersects the south right-of--way lint of Baltic Avenue, a fi[iy (50) ft. wide public road easement for the northeast corner of the hcrcilt dcscribcd tract; THENCE, continuing upon, over and across and across said Lot No. 12 wish the east right-of--way line of Burney Road, SAO°1G'E., 179.87 Li. to a point in the south line of Lot No. 12 for tl-c southeast corner of the herein dcscribcd tract; THENCE, with the said south tine of Lot No. 12, N.75°45'W., S 1.65 ft. to the PLACE OF BEGINNING ~~C~d l~(IN[~'G30G.'IC~ ~ ~)~(;~~ • PHONE 210-257-3313 • 212 CLAY STREET, KEARVILLE, TEXAS 78028 FIELD NOTES DESCRIPTION FOR 0.62 ACRE OF LAND OUT OF THE RICHARD WIZBICKI LAND ALONG BURNEY ROAD NEAR THE TOWN OF CENTER POINT, KERB COUNTY, TEXAS Being all of a certain GRy (50) ft. wide strip, tract or parcel of land containing O.G2 acre, more or less, out of Robert Brown Survey No. 3G, Abstract No. 28 in Kerr County, Texas; part of a certain 12.61 acre tract conveyed from Mike Tuck, Trustee, to Richard Wizbicki by a Warranty Dced with Vendor's Licn executed the 30th day of September, 1982 and recorded in Volume 2GG at Page 711 of the Deed Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at an existing 3/4" iron pipe in a fence, the west right-of--way line of Burney Road, a fifty (50) ft. wide public road easement for the nortl-west corner of the herein described tract and said 12.61 acre tract, the southwest corner of Park Place, a subdivision of Kerr County according to tl~e plat of record in Volume 4 at Page 273 of tl~e Plat Records of Kerr County, Texas; which point bears, approximately, 8834 ft. North and 2840 ft. West from the southeast corner of said Survey No. 36; THENCE, ~~ith the cwnmon line between said 12.61 acre tract and Park Place S.75°45'E., 51.65 ft. to an existing'/," iron stake for the northeast corner of the hcrcin described tract; THENCE, upon, over and across said 12.61 acre tract with We cast right-of--way line of said Burney Road: 5.00°16'E., 458.38 fL; and S.OU°33'W., 82.14 A. to an existing '/~" iron stake in the south line of 12.61 acre tract for the southeast corner of the hcrcin described tract; THENCE, with tl~e said soutl- line of 12.61 acre tract N.75°45'W., 51.46 ft. to an existing'/s" iron stake in said fence, the west right-of--way line of Burney Road for the southwest corner of the herein described tract; THENCE, along said fence with the west lint of L2.G1 acre tract and west right-of--way line of Burney Road: N.00°33'E., 69.60 it. to au existing''/z" iron stake; and N.00°1G'W., 470.97 fl. to the PLACE OF BEGINNING. ~.C~4 ~Ifr~[' ~ ~~ • PHONE 210-257-3313 • 212 CLAY STREET, KERAVILLE, TEXAS 78028 AGREEMENT AND RELEASE OF LIABLILITY STATE OF TEXAS § § COUNTY OF KERR § This Agreement and Release of Liability, is made by and between Richard Wizbicki, hereinafter "Wizbicki" and Kerr County, Texas, a duly constituted political subdivision of the State of Texas, hereinafter "Kerr County." Wizbicki, for and in consideration of the below-stated promises of Kerr County, Texas, acting by and through its Commissioners Court, hereby releases, acquits, and forever discharges Kerr County, Texas, and its officers, agents, servants, employees, officials, attorneys, and all persons natural or corporate, in privity with any of them, from any and all claims or causes of action of any kind whatsoever, at common law, statutory or otherwise, which Wizbicki has or might have, known or unknown, or that might arise hereafter, directly or indirectly pursuant to the abandonment, closure, or vacation of the road known as Burney Road near Center Point, Texas, and lying wholly within Kerr County, Texas. Kerr County, in return for the execution of this Agreement and Release of Liability by Wizbicki agrees to: 1. Execute a Quitclaim Deed to Wizbicki for the segment of Burney Road that crosses the 12.61 acre tract owned by Wizbicki; 2. Move the gate presently installed at the intersection of Baltic and Burney Road south to the property line of said 12.61 acre tract of land; and 3. Amend Order Number 21731 to except from abandonment that segment of Burney Road from Baltic to the property line of said 12.61 acre tract of land. It is further understood by the parties that, pursuant to law, Kerr~County has no duty to maintain said segment of road and that Kerr County denies any liability in this matter and does not admit any liability whatever to Wizbicki, or any other person, firm or corporation by reason of. the facts and circumstances giving rise to the execution of this Agreement and Release of Liability and that this Agreement is made purely upon a compromise basis by the parties to rid themselves of potential litigation in regard thereto, and that this release shall never be used as evidence of liability in any suit, claim, or cause of action whatsoever. RICHARD WIZBICKI Date : ~I19~9S KERB COUNTY, TEXAS CO Y JUD Date : ~ ~p