Of2DER NO. c.?,c4+3
C:ONv I DE: FtAT• I C11V C!F• AF~FiL I CA i I C)}`+l Tl.1 CANCEL FLAT Of•
L"~U1_LUM LA1'~~ Ea'TAT~.;a
Cln this the 1~th day of Apr-•il, 199, +~pon motion made by
.J+_~dge Den50T1, seconded by Commissioner, Lehman, the Co~_~rt voted
by a ®a.jority vote of 4-i-~, with Commi s~sianer L_ac•1-cey
Abstaining, to approve tt~e application to cancel the plat of
C+_~11+_~m Lake Estates s+_ib.ject to the conveyance of the Fright of
Way of 177. ~' feet which is recommended try the highway
department and ~~,~~81.~+Z+ for the canstr+_+ctian of the r~aaci, ar=
constr~_~cting the acc_e~s~s rand similar to the existing r~aad.
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS ~
COUNTY OF KERR ~
I, ROBERT TRAPP, Publisher of the Mountain Sun, a news-
paper published in the County of Kerr, State of Texas, do
swear that the foregoing attached citation was published in
Kerrville, Kerr County, Texas, a newspaper of general circu-
lation published regularly in said Kerr County, Texas, for
more than one year next before this date on the following
dates, to-wit:
1996
-------~Ia~~~r-z~6-------------------
March 27 1996
April 3 1996
A printed copy of said writ as it was published is
attached hereto and made a part hereof.
,'
Publisher of
THE MOUNTAIN SUN
SWORN TO AND SUBSCRIBED before me by the said ROBERT
TRAPP, Publisher of The Mountain Sun, on this the day of
_ __ ____, 1996, to certify which witness my hand and
se of office. ~~
N ry Public
~+-'"r~~~ RUTH MIKSCH The State of Texas
NOTARY PUBLIC
* ~ State of Texas
A~''Y''a<tt'~ Comm. Exp. 05-22-99
ISSUED this /G ~'~ day of March, 1996, to certify which witness
my hand and official seal of the Commissioners' Court.
~{ G
PATRICIA DYE, C unty Cler and
Clerk of the Commissioners' Court,
Kerr C/~~, ~ as ~
~'
~ti
NOTICE OF FILING OF
APPLICATION TO CANCEL
PART OF A KERR COUNTY
SUBDIVISION
TO:ALL PERSONS INTERESTED ,
IN CULLUM TAKE ESTATES,
KERR COUNTY, TEXAS.
Pursuant to the provisions of
Section 232.008„.V.T.C.A.- Local
Government Code, CHLOE
CULLUM WEEKS KEARNEY; the
F.P. CULLUM, SR. TRUST, 'and
GEOFFRE M. GANNAWAY `have ''~
filed ~an Application to Cancel al! of
Loth Nos.- 10 through'29 inclusive of -
Cullum Lake Estates as described. in ~.
plat recorded in Vo1'S, Page 563, Kr;tir
County Plat RecoM~;: and ail of Lot : ".~
No. 9 of the re-plat,:of,thc original ~;
Lola Nos. 7, 8 Arid 9 as'descHbed in ~' .
Vol. 5, Page 385, of said records, and `s`
including the "Common Area," ,Bluff "
Spring Road, Broken Oak Road, an q;',
all of Bluff Hill Road lying East o
the S. W. corner of Lot No. 9;'except
however, that part of Lot. No. Z41yin
west of a line extending to the soul
from the N. W, corner of said Lot 24~
to a point in the North line of Star '
FM Highway No. ]340~located 12Q.
feet to the East of the S: W. corner of
said Lot 24. The Application is on file
.and open to inspection at the County
Cleric's Office in , Kerrville, Kerr:
County, Texas. '
Any interested person; desiring to'
protest the cancellation sought ,by tii
Applicants shall fite,a written pro '~
in".Ehe office of the County Clerk-
the .County Courthouse in Kerrville;..
Texas on oi• before. khe 8th day ~`
April, 1996, at 9:30 a.m."when sad
Application will be considered, ci
may appear before th '~~
Commissioners'. Court in persona
such time.
ISSUED this 18th dny;of Marc
1996;. to certify which;witnessvm~ ;~
hand "and offificial `seal `.of f '1'
.}.
Commissioners' CouR, °. ~,
~~ ~~
PATRICIA DYE, Couny~ .Clerk arid`
Clerk of the Commissioners' Court;, °t
Kerr County, Texas ~~ .
1 ~ k1i
by Esther Garza, Deputy: ° ~;
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LYNN B. LEMEILLEUR
ATTORNEY AT LAW
305 EARL GARRETT STREET
KERRViLLE. TEXAS 78028
512-896-1882
512-257-6525
March 28, 1990
The Honorable Robert A., Denson
Kerr County Judge
Kerr County Courthouse
Kerrville, Texas 78028
Re: Cullum Lake Estates
Dear Judge Denson:
DARRELL G.LOCHTE
OF COUNSEL
BRUCE F. RIECK
OF TAX COUNSEL
Attached hereto is Commissioners' Court Agenda Request
for hearing of the Application to Cancel Plat earlier filed
by Chloe Cullum Weeks Kearney and the Frank P. Cullum, Sr.
Trust. There is attached to the Agenda Request a copy of
all of the documents which have been filed in connection
with the Application, as well as a proposed form of Order
and a copy of the Code Section concerning such cancellations.
Five (5 ), packages containing the same data are provided
so that each. member of the Court may have one. Mr. Lochte
is assisting me in this presentation.
It is my understanding that you have scheduled this
matter for April 8, 199h, and I would appreciate it if my
clients and I could be heard at 930 a.m. Please confirm
the date and hour, Thank you very much.
R_..Jectfully submitted,
~~ ~"`.J
LYNN B. LeMEILLEUR
LBL/cjg
Attachments
NOTICE OF FILING OF
APPLICATION TO CANCEL
PART OF A KERR COUNTY SUBDIVISION
TO: ALL PERSONS INTERESTED IN CULLUM LAKE ESTATES,
KERR COUNTY, TEXAS.
Pursuant to the provisions of Section 232.008, V.T.C.A. Local
Government Code, CHLOE CULLUM WEEKS KEARNEY, the F.P. CULLUM, SR.
TRUST, and GEOFFRE M. GANNAWAY have filed an Application to Cancel
all of Lots Nos. 10 through 29 inclusive of Cullum Lake Estates as
described in plat recorded in Vol. 5, Page 563, Kerr County Plat
Records, and all of Lot No. 9 of the re-plat of the original Lots
Nos. 7, 8 and 9 as described in Vol. 5, Page 385, of said records,
and including the "Common Area," Bluff Spring Road, Broken Oak Road,
and all of Bluff Hill Road lying East of the S.W. corner of Lot No.
9; except, however, that part of Lot No. 24 lying west of a line
extending to the south from the N.W. corner of said Lot 24 to a
point in the North line of State FM Highway No. 1340 located 120
feet to the East of the S.W. corner of said Lot 24. The Application
is on file and open to inspection at the County Clerk's office in
Kerrville, Kerr County, Texas.
Any interested person desiring to protest the cancellation
sought by the Applicants shall file a written protest in the office
of the County Clerk at the County Courthouse in Kerrville, Texas, on
or before the 8th day of April, 1996, at 9:30 a.m. when said
Application will be considered, or may appear before the
Commissioners' Court in person at such time.
APPLICATION TO CANCEL PART
OF A KERR COUNTY SUBDIVISION
KNOWN AS CULLUM LAKE ESTATES
TO: THE HONORABLE COMMISSIONERS COURT OF KERR COUNTY, TEXAS
Geoffrey M. Gar~away and wife, Carol J. Gar away, Chloe
Cullum Weeks Kearney, a widow, and the Frank P. Cullum, Sr.
Trust respectfully make application to this Honorable Court
for the cancellation of the eastern portion of said
subdivision, and respectfully show:
ONE
Cullum Lake Estates is a county subdivision of 20.10 acres
out of Survey No. 1354, A. W. Merritt, Abst. 932 and 65.57
acres out of Survey No. 1655, H.E.&W.T. Ry. Co. Abst. 914, the
entire 85.67 acres having been subdivided into 29 lots
consecutively numbered from 1 to 29, inclusive, 3 streets or
roadways, namely Broken Oak Road, Bluff Hill Road and Bluff
Spring Road, and a "common area", all as shown on the plat
which appears of record in Vol. 5, page 363, Kerr County Plat
Records.
Thereafter Lots Nos. 7, 8 and 9 were combined into one lot
and resubdivided into two lots numbered 7 and 9 as shown by
plat of record in Vol. 5, Page 385, Kerr County Plat Records.
TWO
The undersigned, Chloe Cullum Weeks Kearney and the Frank
P. Cullum, Sr. Trust owned the entirety of the subdivision,
and since its creation have sold and conveyed two (2) portions
thereof, viz:
A. A tract comprised of all of Lots One (1) through Six
(6) of the original subdivision and all of 7 of the
amended subdivision, the same having been conveyed to
Presbyterian Mo Ranch Assembly by deed dated March 8,
1989, and recorded in Vol. 501, Page 763, Kerr County
Real Property Records.
B. A tract comprised of all of Lots Nos. 16 through 22
inclusive, and the east end of Bluff Hill Road,
containing twenty one (21) acres of land out of said
surveys, the same having been conveyed to the co-
applicants, Geoffrey M. Gar~away and wife Carol J.
Gar~away by deed recorded in Vol. 750. Page 279, Kerr
County Real Property Records.
Chloe Cullum Weeks Kearney and Cullum Trust own all
of the remaining lots and the control and reversion
of all other roads and areas not included in a lot.
Applicants together but severally own 100% of the
portion of the subdivision sought to be cancelled.
THREE
The part of the subdivision sought to be cancelled is
described as:
A. All of Lot 9 (as amended) and all of Lot Nos. 10
through 29, inclusive (original plat, except the west
end of Lot No. 24 later described).
B. All that part of Bluff Hill 'Road lying between the
Southwest corner of Lot No. 9 on the West and the
Southwest corner of Lot No. 16 on the East.
C. All of Broken Oak Road between the North line of
State F.M. 1340 and the South line of Bluff Hill
Road;
D. All of Bluff Spring Road;
E. All of that tract adjoining Bluff Spring Road
designated "Common Area".
FOUR
The portion of the subdivision which is not to be
cancelled, but retained of record consists of all of the
western part of a Bluff Hill Road as it extends westerly and
southerly from the Southwest corner of said Lot No. 9 to the
cul-de-sac near the North right-of-way line of F.M. Road No.
1340, ail of Lots Nos. 1 through 6 (original), ail of Lot No.
7 (amended) and all of the following described west part of
Lot No. 24, which part is described as follows:
The Western part of Lot No. 24 of said subdivision is
described as follows:
BEGINNING at a point in the South line of said Lot 24
and the North line of State F.M. Highway 1340, located
120' N. 86° 47' E., from an iron pin at the SW corner of
Lot No. 24 and the SE corner of Lot No. 1;
THENCE S. 86° 47' W. with highway right-of-way 120'
to the corner of said Lots Nos. 1 and 24;
THENCE N. 10° 15' W. with the common line between
said Lots Nos. 1 and 24 101.78' to an iron pin in the
circumference line of the West cul-de-sac of Bluff Hill
Road.
THENCE Northerly with the East arc of said cul-de-sac
115.39' to an iron pin in said arc;
THENCE N. 13° 56' E. with the Eastern line of Bluff
Hill Road 25.08' to an iron pin, the NW corner of said Lot
No. 24;
THENCE S. about 26° E. approximately 230' to the
PLACE OF BEGINNING.
The surface of the aforesaid west part of Lot No. 24
is hereby dedicated to the use by the owners of land abutting
the western, uncancelled portion of Bluff Hill Road for access
to and from F.M. Road No. 1340.
FIVE
The subject subdivision is located about 22 miles west
from Kerrville, the County Seat of Kerr County, Texas, and
does not lie within the corporate limits or the extra-
territorial jurisdiction of any municipality.
No owner is deprived of access to a public road or
highway. A sketch of the entire subdivision is attached and
referred to for all material purposes.
PRAYER
PREMISES CONSIDERED, Applicants pray that notice hereof be
published as provided in paragraph (c) of said Section
232.008, V.T.C.A. Local Government Code, which notice shall
set a date during a regular term of the Court on which action
is to be taken on this Application. Applicants further pray
that the cancellation here prayed for be authorized.
SIGNED this ~~ day of ~~~c ~- 1996 .
-- - --- ----------------
GE FF M. WAY
n
CAROL J .~A1~AWAY
n
CHLOE CULLUM WEEKS KEARNEY,
Individually, and as Trustee of
the Frank P. Cullum, Sr. Trust.
CARRIE W. BEHRENS, Trustee of
the Frank P. Cullum, Sr. Trust
MATTHEW T. WEEKS, Trustee of
tYie Frank P. Cullum, Sr. Trust
COMMISSIONERS' COURT AGENDA REyUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: ROBERT A. DENSON OFFICE: COUNTY JUDGE
MEETING DATE: Apri122, 1996 TIlVIE PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss request for hearing of the application to cancel plat;
eastern 62+ acres of Cullum Lake Estates.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: (Ms. Kearney, Lynn B. Lemeilleur/Darrell_
Lochte
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday.
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 you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court.
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