Item 2.` Consider and discuss cancellation of the ea>ter~,~ 6~+ acres of Cullum Lake Estates, per plats recorded in Volume ~, pages 363 and 385, Flat Records. (Ms. KearneyiLynn P. LeMeilleur) This item was discussed with the Co~_~rt by Lynn P. LeMeille~_ir and H. Rit Jons and they have not reached an agreement as of yet but they are getting close to an agreement. They are to come back to Co~_~rt on November 1~, 1996 at 9 A. M. with either an agreement or to ask the Court for their help on this item. Cullum 4.doc PROPOSED ORDER OF COMMISSIONER'S COURT FOR CANCELLATION OF PART OF CULLUM LAKE ESTATES On the day of 1996, came on to be considered the Application of GEOFFREY M. GANNAWAY and wife, CAROL J. GANNAWAY, CHLOE CULLUM WEEKS KEARNEY, a widow, and the FRANK P. CULLUM, SR. TRUST, who seek the Order of this Court permitting cancellation of Lots 9 through 29, being all of the eastern portion of the Cullum Lake Estates, except the west end of Lot 24 and that part of Bluff Hill Road extending southwesterly from the southwest corner of replatted Lot 9, the same having been filed and presented under the provisions of the Texas Local Government Code, V.T.C.A. Section 232.008. The Applicant appeared in person and Presbyterian Mo Ranch Assembly appeared in person and by its attorney. No written protest was filed on the appearance date, although the said Presbyterian Mo Ranch Assembly appeared by its attorney, and a written protest was later filed. The Court proceeded to receive documentary and oral evidence consisting of: (a) Applicant's filed Application; (b) Notice of filing and hearing on such Application; (c) Publisher's Affidav}t of Publication; (d) Recorded plat of Cullum Lake Estates; (e) Testimony of Darrell G. Lochte; (f) Testimony of Lynn B. LeMeilleur; and (g) Testimony of David L. Jackson, attorney for Presby- terian Mo Ranch Assembly; (h) Leonard Odom; 1 Cullum4.doc ~--~ .~ No. 1, Cullum Lake Estates bears S. 86° 55' W. 177.22 feet; THENCE, S. 86° 55' W. with highway right-of-way 177.22 feet 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 feet 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 feet to an iron pin in said arc; THENCE, N. 13° 56' E. 25.08 feet to a point set for the northwest corner of said Lot 24; THENCE, S. 42° 47' E. 191 feet and N. 86° 55' E. 40 feet to a 1/" iron pin for corner; THENCE, S. 3° 05' E. 50 feet to the PLACE OF BEGINNING. 2. Applicants, GEOFFREY M. GANNAWAY and wife, CAROL J. GANNAWAY, CHLOE CULLUM WEEKS KEARNEY, a widow, and the FRANK P. CULLUM, SR., TRUST, owned 100 of the portion of the subdivision sought to be canceled at the time said Application was filed. 3. The subdivision is not located in the jurisdiction or extra-territorial jurisdiction of any municipality. 4. There are three dedicated roadway easements within the subdivision; namely, Bluff Hill Road, Broken Oak Road, and Bluff Spring Road. 5. Notice of the filing of the instant Application and hearing thereon has been given as required by law, the same having been published in the Mountain Sun, an English language weekly newspaper of general circulation in Kerr County, on the 20th and 27th days of March, 1996, and the 3rd day of April, 1996. 3 c~ u,„„a. dog -- ._, and it is further the ORDER of this Court that the Applicants, GEOFFREY M. GANNAWAY and wife, CAROL J. GANNAWAY, CHLOE CULLUM WEEKS KEARNEY, a widow, and the FRANK P. CULLUM, SR., TRUST, 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 _____ day of ___________, 1996, at the regular term of this Court. ROBERT A. DENSON, Kerr County Judge RAY LEHMAN, County Commis- sioner, Precinct No. 1 T. H. (BUTCH) LACKEY, County Commissioner, Precinct No. 2 GLENN HOLEKAMP, County Commis- BRUCE OEHLER, County Commis- sioner, Precinct No. 3 sinner, Precinct No. 4 5 CU1l~1I111SS1~NLKS' CUUIt'I' AGLNllA R~'•.QUES'I' PLEASE FUIiNISII UNE ORIGINAL ANU FIVE COPIES OF TIIIS REQUEST AND DOCUAIEN'I'S TO BC RCVIEWEll I3Y TIIE CUUR'T. MADg $y: CHLOE CULLUM WEEKS KEARNEY , ET AL OFFICE: Lynn B . LeMeilleur MEETING DATE: 10/15/96 SUBJECT: (PLEASE IIE SPECIFIC) TIME PREFERRED: 9:00 am Cancellation of the eastern 62+ acres of Cullum Lake Estates, per plats recorded in Vol 5 Pages 363 and 385 Plat Records A copy of the proposed form of Order is attached for each member of the ('Dort EXECUTIVE SESSION RL(2UES1'ED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: 1 Hour IF PERSONNEL MATTER -NAME OF EMPLOYEE: N/A NAME OF PERSON ADDRESSING THE COURT: Ms Kearne~,~vnn B . LeMeilleur and/or 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: Meetuig scheduled for Mondays: 5:00 P.M. previous Tuesday. TIIIS REQUEST RECEIVEll I3Y: THIS REQUEST RECEIVED ON: No All Agenda Requests will be screened by the Comity Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Yvur cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court.