ORDER NO. 22532 ORDER OF COMMISSIONERS' COURT FOR CRNCELLATION OF PART OF SECTION ~, BYAS SPRINGS RANCH On this the 13th day of February 1995, came on to be considered the Application of Bernard F. Syfan and wife, Betty D. Syfan, and Marvin B. Emmons and wife, Betty Mae Emmons, who seek the Order of this Court permitting cancellation of all of Lots Nos. Thirteen (13), through Eighteen C18) inclusive, of Section 2, Byas Springs Ranch, the same having been filed and presented under the provisions of the Texas Local Government Code, V. T. C. A. Section 532.008. The Applicants appeared in person, and though notice was duly given, no protest was filed nor did any person appear to protest such cancellation. The Court proceeded to receive documentary and oral evidence consisting of: (a) Applicants' filed Application; (b> Notice of filing and hearing on such Application; (c) Publisher's Rffidavit of Publication; lots or tracts, each of which is ten ti0) acres in size. The official plat of the subdivision is recorded in Volume 5, F'age 263, Kerr County Flat Records, land the part to be cancelled is easily recognizable. 2. Applicants, together, own more than 75% of the property included in the subdivision. 3. The subdivision is not located in the jurisdiction or• extraterritorial jurisdiction of any municipality. 4. There is no dedicated roadway easement within the subdivision, and all lots front on and have dir^ect access to the south right-of-way line of a dedicated county road known as Beach Road. 5. Lots 12 and 13 of the subdivision are each improved with a dwelling and each has its own water system and waste disposal system. Electrical and telephone service is supplied to Lots 12 and 13 from Co-op lines at the Beach Road frontage. There is no need for any utilities easement to cross any one (or mare) of the lots located in the part of the subdivision which Rpplicants seek to cancel. 6. Ail of the Lots Nos. 13 through 18 inclusive of said tm subdivision are under the boundary fence of the Bernard F. Syfan ranch and are a part of L & S V Ry, Co. Survey No. SiBl, Rbstract 783 and J. T. Evans Sur-vey No. 1182, Rbstract 1502. 7. Notice of the filing of the instant Replication and hearing thereon has been given as required by law, the same having been published in the Ker-r•ville Daily Times on the 6th, 13th and 20th day of January, 1995. And it appearing to the Court that the Application and the evidence complies with the requirements of Texas Local Government Code, V. T. C. A. Section 232.008, and is fully supported by the evidence, it is the DRDER of this Court that the said subdivision and any dedications thereon, insofar as to Lots Nos. 13, 14, 15, 16, 17 & 18 are concerned, be, and the same is hereby, CRNCELLEDq and it is the further ORDER of this Court that the Rpplicants, BERNARD F. SVFAN and wife, BETTY D. SYFAN, and MARVIN B. EMMONS and wife, BETTY MAE EMMONS, be, and they are hereby, authorized to execute and file in the Real Property Records of Kerr County, Texas, a Declaration of the partial cancellation herein ordered. SIGNED this 13th day of February, 1995, at the r-egular February term of this Court. 1s/ Robert A. Denson /t/ ROPERT R. DENSON, Kerr County Judge F'AGE 752 /s/ Ray Lehman RRV LEHMRN, County Commissioner ~- Precinct No. 1 /s/ Glenn K. Holekamp GLENN HOLEKAMP Precinct No. 3 ITEM NO. 2, 7 /s/ T. H. Lackey T. H. (BUTCH) LACKEY, Precinct No. 2 /s/ Bruce Oehler BRUCE OEHLER Precinct No. 4 Consider and discuss possible solution to public road (not under County Maintenance) with major problems. This item was discussed and the Court asked Mr. Odem to be on stand by in the event of an emergency because of Mr. Philley having a sick wife. R letter is to be sent to residents that are involved to see if they will share in the expense tv up grade the road in the interest of everyone concerned. Item 2.4 Consider and discuss approval of revised Preliminary Chase Recommendations for the Kerr County Animal Shelter. (Mike Walker/Commissioner Pct # 3) ORDER NO. 22533 APPROVAL OF REVISED PRELIMINRRY PHRSE RECOMMENDATION FOR THE KERR COUNTY ANIMAL SHELTER On this the 13th day of February 1995, upon motion made by Commissioner Halekamp, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0, to approve the revised Preliminary Chase Recommendations for the Kerr County Animal Shelter. Item 2.5 Consider and discuss Soils Investigation and recommendation services for the proposed Kerr County Animal Shelter. (Mike Walker/Commissioner Pct # 3> ORDER NO. 22534 APPROVAL OF SOIL INVESTIGATION RND RECOMMENDATION SERVICES FOR THE PROPOSED KERR COUNTY ANIMAL SHELTER On this the 13th day of February 1995, upon motion made by Commissioner Lackey, seconded by Commissioner Holekamp, the Court unanimously approved by a vote of 4-0-0, to approve the soil investigation to be done by Drash Focht Consulting Engineer as per proposal and authorize the County Judge to sign said proposal. PRGE 753