KERR COUNTY, TEXAS __ FLAT ROCK LAKE COUNTY PARK -- GRANT APPLICATION _ Fled ~ gay c'/~fl fi~G D 19~~IME/' ~ /~/l.-~ PAT IA DYE /~C/l~erk County Court, Kerr Caunty, Texas __ t!yi~l~ - ~ Deputy TEXAS PARKS & WILDLIFE DEPARTMENT GRANTS-IN AID BRANCH JULY, 1996 TABLE OF CONTENTS Page Nos. Cover Letter & Resolution 1 - 2 Application Form 3 - 4 Letter of Commitment 5 _ 7 Applicant's Certification & Program Assurances 8 - 9 Location Map 10 - 12 Program Narrative 13 - 15 Environmental Assessment & Environmental Checklist 16 - 24 Photographs of the Project Area 25 - 28 Acquisition Documentation 29 - 38 Tabular Summary of Project Elements & Costs 39 Site Plan 40 Proof of Ownership & Legal Control 41 - 58 Proof the Sponsor Can Prevent Drilling/Mining of the Project Site 59 U.S. Army Corps of Engineers Review Comments/ Clearance/404 Permit 60 - 62 Flat Rock Lake County Park Grant Application COVER LETTER & RESOLUTION Flat Rock Lake County Park Grant Applica.tiora FROM Kerr County Judge PHC~ NQ. 1 210 792 2118 Jul. 30 1996 01:33PM P2 Courts JUncat stosaa A. Dm~tsaa w Coup _- Rwt L~RlrU1p, PCT. 1 T. R. "Bvra~t IaC~csx, Fcr, 2 {ltel~ K_ Fio~arwrD; Pcr_ 3 BRIFCE Qeii[~. PCR: 4 ~xE couN~ cot~T KERB CQUNTY, TEXA$ 700 6dwa Luw.vsie. DNS T80?S ]ttty 29, I39G Teals Parts dot Vlrtldlife ~ C-tip-A~d Prrtgrain 4200 5mnth School Road Atu~ Tercel 7$'744 Re Ga'ant Application Clmc P lh~s. Sys J1s:C 7Yr;w Sour. The Karr Count}r Commissioners' Court is pleased to submit this applicatiR~a fox' grant funding from the Tt~ras Pa[~ks & Wildlife Departm~ttt. Curreaity, K~r County is ea~ien~g a sbot~tage of resareatioval facilities. The Coiat recx~~nizing earrent and anticipating future needs due to population grcvvtlt, wishes to provide additional areas for swimming, children's PAY, h~ce and bdae trai>:s, fishing, wt~dlife bxb%tat, and utisca' recreaiicmal fac~ies sce~ch as volleyball, hocSestuxs atad tva~1>ei pits. In addition, the Court desires tv bu~7d a picnic: pavilion for use by Ke $ 500,000 SECTION B - LOCAL SPONSOR MATCHING SHARE Cost/Value Voter Approved Capitol Improvement Bonds Sponsor Appropriations Sponsor In-House Labor, Equipment, Materials $ 2 0,000 Sponsor or Publicly Ouned, Non-Parkland 300,000 Private Donations of land Private Donations of Cash Private Donations of labor, Equipment, Materials Other Governmental/Educational Institution Resources (Specify in Section C) 180,000 Other Grants (Specify in Section C) Other funds/Resources (Specify in Section C) TOTAL LOCAL SPONSOR SHARE (Add lines 1 through TO) $ 5 00.,000 SECTION C - EXPLANATIONS r 39 4 LETTER OF COMMITMENT °' Flat Rock Lake County Park Grant Application {NTERLOCAL COOPERATION CONTRACT THE STATE OF TEXAS KERR COUNTY -- THIS CONTRACT AND AGREEMENT (hereinafter, "Agreement") is entered into by and between Kerr County (hereinafter, "Count), with its principal office located at the County Courthouse, 700 Main Street, Kerr County, Texas, and the Lower Colorado River Authority (hereinafter "LCRA'~, a conservation and reclamation district created by the State of Texas with principal office located at 3701 Lake Austin Blvd., Austin, Travis County, Texas, pursuant to the authority granted and in compliance with the provisions of, Section 791.001, et seq., Texas Government Code, known as the Interlocal Cooperation Act. RECITALS A. The LCRA by statutory authority granted by the State of Texas has certain rights, powers, duties, and interest in developing parks throughout its service territory. B. The County desires to develop a public park and recreational facility commonly referred to as the Flat Rock Lake Park (the "Project") on property {ocated on the Guadalupe River in Kerr County, Texas. C. The County and the LCRA have committed to working together to satisfy recreation needs through the development of the Project; to jointly use and utilize this and other recreation sites for the benefd of the public; __ and to jointty implement this recreation facility identified in the LCRA's Ten-Year Vsion for the Colorado River Trail. D. The County will apply for a Texas Recreation and Parks Account grant through the Texas Parks S ~' Wildlife Department (the "TPWD Grant's for funds for land acquisition and park development in accordance with a master plan to be developed for the Project. Pursuant to the LCRA Act and Article 717p of the Texas Revised Civil Statutes, LCRA has agreed to provide financial assistance in the amount of $200,000 to be used -- as a portion of County's local match for TPWD Grant purposes. NOW, THEREFORE, in consideration of the following promises, covenants, conditions and the mutual benefits to accrue to the parties to this Agreement, the parties hereto, desiring to cooperate in providing functions and services, hereby agree as follows: COUNTY OBLIGATIONS A. County shall be responsible for the development of the Project, in accordance with the Master Plan (as defined below) and in compliance with al! terms of a TPWD Grant, should a grant be awarded for the Project, and as follows: 1. LCRA's financial contribution shall be used solely for the purposes of preparing an application for a TPWD Grant, constructing recreational facit'~ies associated with the -- Project, and developing aCounty-wide parks, recreation and open space Master Plan (the "Master Plan"). 2. County shall be responsible for the purchase of all materials and services necessary for the development of the Project, preparation of the Master Plan and preparation of the TPWD Grant application; provided, however that LCRA shall have no responsibility to reimburse the County for the cosh of materials or services ordered without the prior written approval of LCRA. County shall submit to LCRA copies of any invoice for services or materials ordered for the Project, preparation of the Master Plan, or preparation of the TPWD Grant application within 10 days of receipt. 5 3. County shall be responsible for bidding and acquiring contracted services as . necessary for development of the Project, preparation of the Master Plan, and preparation of the TPWD Grant application. B. County shall be responsible for complying with all terms of the TPWD Grant and any and all agreements related thereto, and for meeting all ongoing requirements of the TPWD Grant, including, without _. limitation, all administrative, financial record keeping, and reporting requirements, should a grant be awarded for the Project. C. County shall be responsible for any and all costs associated with the operation and maintenance of the Project. County shall, for the life of the Project, maintain the land and facilities in accordance with the highest standards of repair, sanitation, and cleanliness for the general public's long-term use and enjoyment. D. County shall erect signs at the park entrances indicating that the Project is a cooperative project between the County and LCRA. LCRA OBLIGATIONS A. Within 10 days of receipt of a copy of an invoice for materials or services ordered for the Project, the Master Plan, or the TPWD Grant application, LCRA shall remit a check to County in the amount of the invoice, payable jointly to the County and the vendor; provided, however, that the total amount of such payments by LCRA shall not exceed $200,000. LCRA shall not be responsible for payment for any materials or services not associated with the Project, the Grant application or the Master Plan, nor shall it be responsible for payment for any materials or services ordered by the County without LCRA's prior written approval. Notwithstanding anything herein to the contrary, TPWD Grant application and Master Plan preparation expenses in excess of $20,000 shall not be subject to reimbursement by LCRA. MISCELLANEOUS A. County shall indemnify and save harmless LCRA from and against any and all loss, cost (including attorneys' fees), damages, expense and liability [Including statutory liability and liability under workmen's compensation laws) in connection with claims for damages as a result of injury or death of any person or damage to any property sustained by LCRA, LCRA's officers, agents, or employees as a result of, arising out of, or in any manner connected with the Project and due to the negligence or willful misconduct of Kerr County, its officers, employees, contractors, volunteers or agents. ._ B. This Agreement shall be construed under and in accordance with the laws of the State of Texas. C. This Agreement shalt be binding upon and inure to the benefit of the parties and their respective successors and assigns. D. This Agreement is executed in two originals, each of which shall be considered an original of this Agreement. m:klrcalata~bastrop.icc 2 In witness whereof, LCRA and County have caused this Agreement to be executed as of the ~3 day of _ 1996. LOWER COLORADO RNER AUTHORITY KERR COUNTY, TEXAS By: ~~ VIM. onna Brasher Robert Den o °~'~ Manager, Land & Environmental Services ounty Judge tF m:krreal~\b~strop.icc 3 APPLICANT'S CERTIFICATION & PROGRAM ASSURANCES Flat Rock Lake Coicnty Park Grant Application APPLICANT'S CERTIFICATION i PROGRAM ASSIIRANCES TEXAS RECREATION t PARKS ACCOUNT PROGRAM As the duly authorized representative of the sponsor 1 certify that the sponsor: _ 1. Nas complied with all pertinent local end state laws, and Texas Recreation i Parks Account Program (TRPA) requirements requiring public hearings. 2. Has the required proportionate share of fords available and sufficient for the project as required by Section 13.309 of the Parks i Yildlife Code. 3. Yill maintain and operate areas acquired or developed with TRPA assistance at sponsor expense es required by Section 13.309 of the Parks i Yildlife Code. -- 4. Will permanently dedicate for public park and recreation use all project area(s) which receive TRPA assistance, as required by Chapter 640.1.2 of TRPA Grants Manual Guidelines. 5. Has the legal authority to apply for TRPA assistance, and the institutional, annagerial and financial _ capability to ensure proper plaming, management and completion of the project described in this application. 6. Will give the State of Texas, hereafter referred to as "State", through arty authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; ~- and will establish s proper accounting system in accordance with generally accepted accounting standards or agency directives. 7. Yill not dispose of, modify the use of, or change the terms of the real property title, or other -_ interest in the site and facilities without permission and instructions fray the Texas Parks & Wildlife Department hereafter referred to as the "Department" Wilt record the State interest in the title of real property in accordance with Department directives and wilt include a covenant in the title of real property acquired in whole or in part with TRPA assistance fends to assure nondiscrimination during Lhe useful life of the project. 8. Will comply with the requirements of the Oepertment with regard to the drafting, review and approval of construction plans and specifications. -°- 9. Yill provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plar~s and specificatia~s. 10. Will furnish quarterly progress reports and such other information as any be required by the Department. 11. Yill initiate and complete the work within the applicable time frame after receipt of approval from the Department. -' 12. Yill establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. - 13. Yill comply with all State and Federal statues relating to non-discrimination. These include but are rat limited ta: (a) Title V[ of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686) which prohibits discrimination ,.,-_ on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, ss amended (29 U.S.C. § 794) which prohibit discrimination of the basis of handicaps; (d) the Age Discrimination Act of 1975, as amKrded (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) any other non-discrimination provisions in the specific statute(s) order which application for TRPA assistance is being made, and (f) the requiranents of any other non-discrimination statute(s) which may apply to _ the application. 14. Will comply with the flood insurance purchase requirements of Section 102(x) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to - participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is 510,000 or more. (Page 1 of 2) 33 8 15. Yill comply with environmental standards which apy be prescribed pursuant to the following: ta) institution of environmental quality control areasures order the National Erniranmental Policy Act of ' 1964 tP.i.. 41-1900 and Executive Ortkr tf0) 11516; tb) protection of wetlands pursuant to EO 11990; tc) evaluation of flood hazards in floodplains in accordance with EO 11988; td) assurance of project "' consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. fS 1651 et seq.); te) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended t~.2 U.S.C. 4 7601 et seq.); and tf) protection of endangered species under the Endangered Species Act of 1973, as amended, tP.l. 43-205). 16. Wilt Comply with the Yild and Scenic Rivers Act of 1968 t16 U.S.C. ff 127 et ssq.) related to protecting eoaponents or potential eoaponents of the national wild and scenic rivers system. 17. Yill assist the Department in aswring compliance with Texas Antiquities Code (Rev. 4-1-87). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19. Will comply with alt provisions of the "Summary of Guidelines for Administration of Local Park Grant Assistance Projects". ._ 20. Yill comply with all applicable requirements of all other State and Federal la~+sr regulations and policies governing this program. FLAT ROCK LAKE COUNTY PARK Project Name ~- n rr virir.r r •n of zed in Resolution _ ~b~tzi ~.,~''~tlsa~r Print or Type Name and Title of Officral ~ l 99 Dat¢ (Page 2 of 2) 34 9 LOCATION MAP Flat Rock Lake County Park Grant Application - i ~" ~~yr iiF ~ ~r~ ,~?~•: ~~ •t'„"rS.,,,r'~ S~~'~' ' ~",,. r~.+ iiI .+ 1 r as r+o' m ~ ,dX~ A~ a~w ~rn~' ,+' ~,,.,. ~~ r ~'"' r __ __-- ~ .._~i ~ 4 1 _ ` ,~ - - \ _ __/: ..--- ~ / 1 • ` , f y( ~ , , ~ ~ ~ /. J ~ J ~ ~~ r _ \ -... -~ ~ J .. ~. / !- ~ ~~ ~ ( . \ i ~..~ r. ~ / - f 1 + i J ~ ~ \ y ~ ¢ ~ i i j ~Y . t ~ / ~~ ~ 11 r iy .- 1 ~ 1 ti / j...- /....i 1 \ / t /I ~ 1 1 i ~ ~. '• ~ 1 ~. J ! 1 1 .• ~.. ...` /' ,- ,.. ( _ t ~ ;. -~ ~ ~.. t _., 1. _ ~ \ i,....~ \. i - _ '•---. I ~ ; ,. 1 I ~ + t 111 r~~ ~ ~ ~~ p+` ~ ~! ~~ ~ ~ _.-_ 1 111~l~ -_ _ \~~~ ~ ~ _ !~i 1. ~ 11 +• ~ i } ' 1 ~ ~ A ,- ~~# ~. 1 f f ,----•, t ~~ t ~'~ 1 1 is ~" <,.------_~ - -'-~ 1 t i l~ ~. : ----•-°--•:,,---~ .- - ••" lF Ems. 1 V \ ~. ~ ~~ ~ ~ I ~ \-~ t 1' P 1 ~' ~ l_ r ..i } ~ _ ~... ` 1 n 'y - °- _ 1. ~ ' .%\... ~i y ~ ~ i~j iii !!;; ~, ; ~ ~~ ~~ ~ ~~ ~ ~~~ i ~ t~,~1~ ;iL' a <~ ~~~ x ~ ~ ~'~ ;fit t~; ~' ~ ~ ~ ~ ~~ 3 ~ ~ ~~ ~ ~ ~ _ ______--------`" is _--- _~ r i 1 ~' KAY T~ MpP flood B°undary ''''.r-~' SOO.Yaar darn ~~,., .,,n.vear Flood B°un fLpOD~AY ~y pRINGE Flood Boundary ~"`f ~ Flaod B°undarY ~~ ,imate 100•year dart A goun A Section Line anon Retorence Mark er Mile FtiM~ x .M1.5 F~oo~w ay F OODWA MAP AND KERR COUNTY, TEXAS ORATED AREASI ~~n~conr r r~ T APPRpXImo ~ _ ~„JO PEE DOD ppNE1 ~i5 O~PJ~~SNOTPRrNiEDi ISEE M~INDE%fDR ~r~ERRVILLE ~~~ 0~ G1'ION H~~Hwp,Y 7gp ~ 5 g00 ~~~ ~EY~A KERRVILLE, N~~G pEPARTMCN~ p~p,N ~ ~ 1 l `i PROGRAM NARRATIVE "` Flat Rock Lake County Park Grant Application ._ PROGRAM NARRATIVE KERR COUNTY FLAT ROCK LAKE COUNTY PARK °' Prepared by: Frontera Associates International, Inc. Description of Proposed Pro,~ect: The proposed park is adjacent to Flat Rock Lake and approximately 1/4 mile south of Kerrville. Kerr County is requesting that 60.00 acres of non park land be used as a portion of the 50% match required for this grant. This is the total acreage of the proposed park. The proposed park would provide the following recreational activities: 6,3501in. ft. of Walking, Jogging, Bicycle Trails ~- Picnic Units (12) Natural Area Large Pavilion Playground Beach to provide Swimming, Canoe and Kayak Access to Flat Rock Lake Fishing Pier Sand Volleyball (4) Multi-Use Open Space for Athletic Fields and Large Gatherings _. There are no existing facilities on the site to be demolished or renovated. All improvements will be constructed by contract. The sponsor will provide site preparation and construction inspection as in-kind service. Obiectives and Need for Assistance: Kerr County has experienced a 27%o population growth between 1980 and 1990 and projections indicate that the County will grow at approximately the same rate through 2010. The increase in population has over taxed the limited recreation opportunities now available. Flat Rock Lake County Park will offer the residents of Kerr County a multitude of recreational activities. The Kerr County Master Plan (1996- ~~ 2001) identifies the following top 15 needs based on resident surveys, in order of rank: . 13 __ 1. 2. 3. 4. 5. 6. 7. ~- 8. 9. 10. 11. 12. 13. 14. Swimming Playgrounds Trails for Hike and Bike Fishing Areas Group Pavilion Golf Camping Wildlife/Nature Area Volleyball Courts Soccer Basketball BasebalUSoftball Fields Tennis Racquetball The proposed park provides for nine of the top 14 ranked recreational activities and five of the top five ranked recreational activities. The project proposes that 300 ft. of shoreline along Flat Rock Lake be developed as a beach area to provide for swimming and wading in the lake. The lake is fed by the Guadalupe River and is approved for primary contact. The swimming area would have lifeguard stands and buoys to indicate depth and limits of swimming area. Outdoor showers would be provided to accommodate user needs. This facility would provide the number one ranked "' need for the County. This swimming facility would be the first in Kerr County to be provided by -- the County Parks System. The total development cost of the project is $619,000. The cost of Recreation ..._ facilities is $346,800, or 56% of the total construction cost. Using the formula provided to determine maximization of development funds, we have obtained the following results: $346,800 x 25 = 14 $619,000 _ The project will provide increased recreation opportunities for all residents of Kerr County and specifically, for the following potential users: 1. Elderly: Approximately one out of four citizens in the County are 65 and over, which is twice the state ratio. The proposed hike and bike trails, fishing and picnic areas would be utilized `° by this segment of the population. 2. "Youth at Risk": Provision of park facilities and organized recreational programs offer positive alternatives for free time activities. 14 _. 3. "Persons with Disabilities": All facilities would be barrier free, providing accessibility to this segment of the population. _ 4. Children, Ages 1-19: Swimming, fishing, nature area, playground, volleyball, trails, picnic areas and athletic fields/open space, all contribute to providing for family oriented leisure activities. The land proposed for dedication by Kerr County is presently grassed and heavily wooded, with the exception of the area designated for athletic fields __ which is under cultivation. The confluence of Second Creek and Flat Rock Lake is in a natural state and will be preserved and protected as part of this project. There will be no development within this area. The County will promote this as a nature area to be utilized by local schools and education ~" institutions. Signage and graphics for interpretation and education will be located along trails adjacent to this area. Additions to the existing landscaped areas of the park to be developed will be accomplished with only native plant material. m_ The County has adopted the recommendations of the Five Year Master Plan. These recommendations include the linking of the proposed Flat Rock Lake Park with Louise Hays and Guadalupe Park by hike and bike trails. ~' The proposed park at Flat Rock Lake would be the southern anchor to this trail system. Although this linkage is not included in this request, the development of the trails at Flat Rock Lake Park will provide a first step. Source of Local Match and Relationship Between Other Federal or State Assistance: Kerr County has entered into an agreement with the Lower Colorado River Authority (LCRA). The agreement provides that the LCRA will donate $180,000 for the matching fund grant with the State Parks and Wildlife ~°' Department, and $20,000 for a five year master plan and grant application cost. The $18,000 is approximately 36% of the total match required. Kerr County is providing 60 acres of land and in-kind services as the remaining •-- portion of the match. Maintenance and Operation Agreement: Z'he park will be operated and maintained by Kerr County. 15 ENVIRONMENTAL ASSESSMENT & CHECKLIST "" Flat Rock Lahe County Park Grarat Application FLAT ROCK LAKE COUNTY PARK ENVIRONMENTAL ASSESSMENT Description of Proposed Action: The proposed action is to develop, for outdoor recreational purposes, 66.50 acres of Kerr County lands in south Kerrville, Texas. The site is currently undeveloped and has no vegetation other than indigenous --- grasses and trees. Approximately 15 acres of the site is under cultivation. The site was identified in the Kerr County current Parks and Recreation Master Plan (1996) as a county wide park. y Site preparation will involve the removal of a small amount of underbrush, grading and installation of basic infrastructure including a water tap and wastewater tap, as well as underground electrical ~" lines and irrigation. Recreational Facilities will include the following: Swimming Area Walking/Hiking Trails Large Pavilion Pedestrian Bridge Restrooms Playground Multi-Purpose Open Fields Fishing Pier Sand Volleyball Picnic Units Nature Area _ Support Facilities will include the following: Roads Parking Fencing Restrooms Drinking Fountains - Landscaping Lighting Irrigation System Community Coordination and Input: Various appropriate agencies have been consulted in connection with the development of this project. The citizens of Kerr County were surveyed and results were prioritized for the Master Plan effort. County departments including Engineering, Community Development, 16 "'~' as well as the Planning Committee of County Citizens appointed by the County Commissioners have actively participated in the planning of the Flat Rock Lake County Park. In addition, several other agencies --~~ were contacted to obtain pertinent information when appropriate. The Upper Guadalupe River Authority was contacted to determine the state of the environment of the project site and ascertain if .,, , development would have an adverse impact on the area. Although the park site ras not been formally surveyed for archaeological occurrences, no indicators of potentially significant ..__ archaeological resources have been observed. There are no historic structures within the park site. Existing Environment: The proposed park site is located in the County's largest city, Kerrville, ,_ which is approximately 1,654 feet above sea level, which keeps the area approximately 6 - 7 degrees cooler than nearby locations such as San Antonio and Austin. -' The area boasts an annual average precipitation of 31.5 inches, with only a trace of snow recorded in any one year. Kerr County has an average of 275 days of sunshine a year. Although winter can be -- sometimes brisk and cool, rarely is it cold for long. Cold fronts usually last for 2 - 3 days at one time. January has a mean average temperature of 47°B and July has a mean average temperature of 81°F. Existing air quality is good and visibility usually clear. Prevailing southeasterly winds seem to maintain air quality. There is very little development southeast of the proposed site and the prevailing winds keep most of the typical urban pollutants away from the site. Air pollution sources are automobile traffic in the vicinity and some blowing dust emissions occurring from limited agricultural operations and limited construction in the area. The site is relatively flat with very little defined slope, except towards the Guadalupe River. The soils are generally classified as a copita fine sandy loam with 0 to 3% slope and very fine sandy loam with 1 to 5% slope. Flora and fauna are limited to indigenous grasses, trees and brush. Approximately 15 acres of the site is in agricultural use. There are no known threatened or endangered plant or animal species in the area. 17 ._ Flood Plain and Wetlands: A portion of the proposed site is located within a flood plain area. There is no portion of the site designated as a wetland. Socio-Economic Factors: -- Statistics show that over 69% of the population is over 25 years old with 24% over 65 years of age. The median age shown in the 1990 Census was 43.20 versus the national average of 35.9. This indicates Kerr County has a predominantly more mature stable population with a large retirement community. Based on 1990 Census data, Kerr County is predominantly white (over ~' 80%) with only 16% Hispanic. There are almost an equal number of " males as females in the County, 52.7% female vs. 47.3% male. The 1990 Census shows a total of 6,742 persons below the poverty level, or 17% of the population. The median income is $23,205 for Kerr County vs. $27,016 statewide. Land Use: The site is bordered on its west side by Flat Rock Lake. The north, east and south sides have only sporadic development of a commerciaUresidential mix. Outdoor Recreation: The proposed Flat Rock Lake County Park is identified by the County's current Parks and Recreation 5 Year Master Plan and is scheduled as _ a priority item. The design of the park and its features are in concert with the County's Master Plan and the guidelines of the National Recreation and Parks Assessment. Environmental Impact of the Proposed Action: Climate (Air Quality) The air quality, presently, is very good. We can assume that it would be affected on those occasions when planned events would increase the number of automobiles in the area by park users, some dust during development of the site, and from use of the play areas. Since this will be a county wide outdoor recreational facility, we assume additional automobile traffic would be generated to and from the site. With the above items considered, we believe the overall impact to the area will be minimal. 18 _ oils Soils would be disturbed during construction and could result in ~' some limited run off, increased foot traffic in the area could result in small areas of soil compaction. However, large areas of the site will be left undisturbed and with the implementation of - an irrigation system, the overall impact to soils would be negligible. Flora and Fauna Vegetative cover would be reduced somewhat by facility construction but not significantly. Since there is little or no presence of animals on the site, the animal population for the area should not be significantly affected by the development of the outdoor recreational facility. Archaeological and Historical Resources No archaeological sites or historical structures are known to be present which would be impacted by park development. If evidence of such resources are discovered, an archaeological survey will be conducted. The survey could reveal resources that could otherwise be left undiscovered. Any historical evidence would contribute to the body of knowledge about cultural history of the region. Alternative uses of the property would not require a survey, thus existing archaeological resources could be left undiscovered or could be destroyed during construction. Socio-economic Factors Development of the park may affect the desirability and expense of homes in the surrounding area. In general, a park is expected to make housing more desirable although the traffic and activities in parks can be objectionable social impacts. Overall, the presence of a park adds stability to the neighborhood and should help to reduce problems associated with "youth at risk". Land Use Development of the park would cause disruptions of the existing --- natural setting but would not influence the surrounding commercial/residential areas. A park setting helps provide a more balanced land use pattern in developing urban areas, and addresses a specific goal in the County's Parks & Recreation Master Plan. 19 Outdoor Recreation Development of the park would significantly increase recreational opportunity in an underserved area of Kerr County. A variety of outdoor recreation would be made available including the following: swimming, playground activities, field _ sports, water recreation, hike and bike trails. Recreational opportunities for the handicapped would be increased since the park would meet all ADA requirements. _ Mitigation Measures All facilities to handle visitor needs would be built in full - compliance with the Kerr County's Master Plan and Ordinances, which provides guidelines for environmentally sensitive construction and development. The proposed action provides for the following environmental control features: 1. Prior to construction, topsoil will be removed, stockpiled and later redistributed. ~- 2. Clear-cutting for paths and parking areas will be kept to an absolute minimum to allow clear passage. _ 3. No roads, parking areas or buildings will be constructed in slopes exceeding 15%. 4. Wherever possible, vegetation will be left undisturbed. where disturbance occurs, the area will be revegetated with indigenous plant materials along with the installation of additional native trees throughout the site. _ 5. The site plan will be designed to disburse people and activities throughout the site to reduce soil erosion and compaction from foot traffic. 6. Fall absorbing materials will be placed under playground facilities. _ 7. Areas along the westerly portion of the site will only consist of walking paths and quiet areas for the _ preservation of existing flora and to encourage redevelopment of wildlife habitat. 20 Adverse Impacts which can not be Avoided: A developed pdrk site would increase traffic around the park location. As a result of the increased traffic and outdoor recreational activities, noise levels in the area adjacent to the complex would rise during peak use periods. Short Term Uses -vs- Long Term Productivity: The short term use of the site would be for some school activities and unsupervised neighborhood recreation. Such an open space site would receive very little management or supervision and would be more susceptible to undesirable activities such as gang assemblies, alcohol ~' and drug consumption, as well as trash dumping. Development of the Flat Rock Lake County Park would result in an -- accessible and usable outdoor setting. In addition to passive recreational opportunities, active recreation would be made available. A wider range of recreation would be made available for a broader range of park users including children, the elderly and the handicapped who have a harder time utilizing a complete natural setting. The ultimate result of park development would be a positive social benefit. Irreversible Commitment of Resources: Development of the park site would remove some vegetative cover of the site, and possibly remove a limited amount of wildlife habitat. The natural setting would not be visually changed. Alternatives to the Proposed Action: The primary alternative to proposed park development would be no action or no park development. The results would be a continuation of recreational deficiencies in this area of Kerr County. As population continues to grow in Kerr County, the gap between recreation demand and supply would widen. 21 ENVIRONMENTAL CHECICLIBT (NOTE: Multiple site projects require separate checklists.) PROJECT SPONSOR: KERR COUNTY PROJECT NAME : FLAT ROCK LAKE PARK PREPARED BY: FRONTERA ASSOCIATES INTERNATIONAL. INC. I. GENERAL INFORMATION Please circle the appropriate answer. NO YES Are there existing overhead utilities or easements ~- within the project area? (If "yes", locate and label them on the site plan and boundary map.) --. NO YES Are there any known threatened or endangered species of flora or fauna located within the project area(s)? If "yes" provide details. NO YES Do you have a jurisdiction-wide parks, recreation and open space master plan? (If yes, provide a copy with the application.) II. SURROUNDING LAND USES Please fill in the appropriate answer. Examples include single- family residential, multi-family residential, ranch, agricultural, industrial, commercial, retail, school, park, etc.) North: AGRICULTURAL SOtith: AGRICULTURAL -' EdSt: RESIDENTIAL. COMMERCIAL. RECREATIONAL West: LAKE. STATE PARK III. SOCIO-ECONOMIC CHARACTERISTICS OF THE PROJECT SERVICE AREA (Include a map identifying the project service area, low income residential areas, and areas with significant concentrations of ethnic populations identified in IIIB.) A. Income Groups $ Low (less than $12,575): 30 $ Middle ($12,575 to $50,000): 54 -- $ High (more than $50,000): 16 TOTAL: 100$ 43 22 B. Ethnic Groups $ African American: $ Caucasian: $ Hispanic: ' $ Native American: $ Oriental: .4 $ Other .3 TOTAL: 100$ Source: 1990 U.S. CENSUS IV. PROJECT ACREAGE _ Acres to be acquired: Acres to be developed: 60.00 TOTAL Project Acreage : 60.00 V. FISH & WILDLIFE RESOURCES r Please circle the appropriate answer. A listing of applicable laws and regulations accompanies the checklist, and after each question a reference to the applicable laws and regulation is ~' provided. NO YES Does the project alter, renovate or demolish a building -- or disturb soil around structures, or suspected structures, that were constructed prior to 1944? (I.A, B) NO YES Will the project modify or place/remove fill material in a creek, stream, tidal area, or other bodies of water? (II.A, B) NO YES Will the project fill, modify or drain a wetland? (II.A) NO ES Will the project impound or withdraw water from a creek, stream or other water body? (II.A, B, D) NO ES Will the project cause discharge of effluent which will require a federal or state permit? (II.C) _ NO YES Will the project include the placing or staring of solid wastes or other material above ground or in a pit? (II.E) NO YES Could the project result in air emissions from landfills, burning, construction, or production facilities which will require a permit? (II.F) 2 80 17 .3 44 23 ~ burning? (II.G) NO YES Will the project modify habitat or rookeries that provide significant nesting habitat for nongame birds? NO YES Does the project include prescribed or controlled VI. TOXIC NO YES NO YES NO YES NO YES OR HAZARDOUS SUBSTANCES. CHEMICALS & DRUGS Does the project include the use and/or storage of herbicides or pesticides? (III.A, B, C, D) Does the project require a pesticide use exemption permit under state or federal regulations? (III.C) Will the project involve chemicals or discharge into the air or water that would affect any state or federally listed endangered or threatened species or their habitats? (II.C, F; III.A, B, C, D; IV.A, B) Does the project include the installation or removal of above or below ground fuel storage tanks? (II.H) NO YES Does the project include the use of therapeutants, _ drugs or chemicals that promote healing, growth or reproduction of fish or wildlife? (III.E) NO YES Will the project or activity affect a state or federally listed, threatened or endangered species or one proposed for listing, or their habitats? (IV.A, B) NO YES Will the project affect ecologically unique or sensitive areas on public lands? (IV.C) r VII. ADDITIONAL COMMENTS OR INFORMATION 45 24 PHOTOGRAPHS OF THE PROJECT AREA Flat Rock Lake Cotcnty Park Grant Application VIEW OF PROPOSED ATHLETIC AREA LOOKING SOUTHWEST VIEW OF PROPOSED ATHLETIC AREA LOOKING NORTHEAST zs .,~# ~. ~_ _ . ~. i j ~: ~. __ - . a„°,,: VIEW OF PROPOSED PICNIC AREA LOOKING SOUTHEAST 26 VIEW OF PROPOSED PICNIC AREA LOOKING NORTHWEST ~ ~ ~ ~ ' R~ $' a'~ir~~l'~ ~[~ _7 ~r ~..~. ' '.f. •fr~W~,~gY+!4T~11~J~~1~6 +i`+ _ i ~• _ ~ •^- - _ t.~• ~ .. f _ .. •~!'' . '-"N' ' :~ .. ` - y~ ~'_`.~h 1~ "S~~' 4 it tw ,~ ff VIEW OF PROPOSED NATURE AREA LOOKING NORTHWEST VIEW OF PROPOSED NATURE AREA LOOKING SOUTHWEST 27 .- ,.- - ~. _, ~~~ pI~NI~ AREA ~~ ~F pg,pP~soRT-H~TE~T ~,,r~.E LQ ~~;IT.I G N ~~~_ vlLlv1" ~" I~ pA y 27 .~ .RQpQSE-D p~~ FR~~ H~~-~~tA VIEW ~F G SQ~T-~wEST --- ~_ -LQp~II~ 2s ACQUISITION DOCUMENTATION ~"' Flat Rock Lake County Park Grant Application • l~-CODISITION i3CHEDIILB i INSTRDCTIONB CODE PARCEL NUMBER ACREAGE LAND YALUE IMPROYEMEMT VALUE CURRENT OYNER TOTAL VALUE OF DARCEI 4 1 60 300 000 -0- Kerr Count $300,000 TOTAI ACREAGE 60 TOTAL LANG YALUE $300, 000 • • • • • • : CODE: Indicate by code rxnber the method by which each parcel of land is to be acquired. (1 = Negotiated Purchase; 2 = Evinent --- Damain/Cordennation; 3 =Donation; 1-3 Partial Donation or 8srgain Sale; i Sponsor or Publicly Owrw.d Non-Parkland) PARCEL NUMBER: Identify each parcel number in the same roamer the parcels are identified an the boundary asap. ACREAGE: Show the nxanber of scree for each parcel of land to be acquired (to the nearest one-hundredth of an acre). LAND VALUE: Show the estimated value for each parcel. Include a Preliminary Yalua;ian Letter to support the cost estivate for all property to be acquired. M -- IMPROVEMENTS YALUE: if structures or improvements exist on the subject property, show the value of the improvements, explain in the Preliminary Valuation letter how the values were determined, and advise in the "Prograv Narrative" how the iaprovements will be used. (see "Appraisal Instructions^ to insure that improvements are valued correctly.) _._. CURRENT OHNER: Provide the name of the current lard owner for each parcel. TOTAL VALUE OF PARCEL: Add land and improvement values for each parcel. TOTAL ACREAGE: Add column. TOTAL LAND VALUE: Add column. 2 9 31 ~~{{~~ii~' ~ a tFG~~ ~ ~~ 1- i M - O,It S ~9 -M ~ Q - '~ ~ it ~~~~ ~ ~ ~ z ~ ~ ~ #i 8~ i • + _~,. w~ ~ ! W Y ~ ~ i ~ '~ • ~' s § ~ '' ~ 9£ 'ON '1SSd B9 'ON .l3Ra(1S ~~ ~lld 'WM e~ '~ ~ .OO,OQ9- S s F- U W ~ l~ ~ u ~~~~++ ~- a ~ SY ~ ~ Z 'QN '158d O16 "ON; jn?~~(S ~3QJI4Y 'W 'SQNl ~ [rte t ~ ~ Z ~~~ ~ ~ t ~ ~ ,• x ~ ~ #;~ 9~~ ~~~~~ ~4 ~s~ ~ ~'~~~~~ $8~ ~~ddR}~~~ ~ ~~~~~~~~~~~ # ,r r Y ~ ~ ~ • ~ ~ q{( €~ ~ t ~ ~ tt 1~ 1f Q tf f~ tt ~ ~1 iR .~ ~~ ~~ o } ~~ ~ ~~ ~ t ~ ~ J ~ ~ : ~~ ~ ~ t ~ ~ ~ ~ ~ ~~ ! # ~ ; ~~ 'as~ ~~~~~~~~ ~~ ~ a ~~ ~ ~ ~j ~g~ ~ ~~ ~ z ~ i i ~ '~ ~ ss 30 829 Main Street, Suite A (210) 896-2800 Office Kerrville, Te~cas 78028 896-2801 Fax July 26, 1996 The Honorable Robert A. Denson Kerr County Judge 700 Main Street Kerrville, Texas 78028 Dear Sir: I recently previewed the 66.45+/- acres known as Flatrock Lake Park. The purpose of this preview was to give an opinion of value for the land. In making any decision that relies upon my work, you should know that I have not followed the guidelines for development of an appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. Factors considered in making my opinion were location, water frontage, access and the property being utilized for highest and best use. In my opinion, the value of the property is $5,000 per acre. Sinter y~ -- /~ ~ Y) z~ 1~~ G.L.Doc' M crow r "l~`~i.i `lr L.~R ~'E~.C)1'~;]~ L I 5ri1Et C,1~1 1'ItC?Ex.l~I~i'3t: '!-r~kc't :-~: t1.~1~ ~ii:rc.~ Sur~~c..y ] 1.i.1. ~€'It~~~;, ti_ I'vlilttr-t't ~lttst_ '?-l'?, ~.t~l] 1'ii'r4`.M tic'+llll'l''.y f7~, ~rrl. ~Ve1CC, 1S1!)tit. ~~~ 4t~.:34 ;~crr:~ inrlusfi~tg 2C.~ ~u~ro~; inuticiatc:c] !,y l~t,+t .R.~.lc~. Lake ainii t.,li;iilztlul,i; ltive.l- r}11i r,f l~s"7.Sf3 ~icres ~t)f~,:4'?r~ ]:ess; 1-(} :lrri~ Tr~z1cC 7 cat'` t~t7C~'t'c_)rc~4ci i'ltil r)1 Diam~lnd I~ Tratrt ~3: ~1 F'~1Ct:i ? .C 7 enl~~r,ci T~ 51~k?cii~~isilrn, 1)~.itl~~: 1_rtict '~?~ 1. iti.l'~ Survey fit3. Willi:tn,: Wu:t, t11r.;t. t,h TY':tC 7; I rtc~-~,~. Sutvt.y f)~{, William 1~r`.tit, ,~l)::1. :3E~f: T(7: .l11ty ?3, L~}!~ti :11 3:3C} p.li~. PREPARED BY: Kerr County Abstract 32 W:trr: l.~:trcl~t B. Fl~?yct ~: Ktllh A. E~f~Y,~i fS/1!~lRC; ~(.ts t.c~ Trtect A} It.sJl<<''sc* ~irst'1~1:3tec)tt~il B~Ink ~,~'1.11,~`a2 t7;~8/~~k~3 c~i~ i:il,,tti; (lrclcr• 1()fllS,fS~3 F'+:} L. Stt?tat, r:llt}' tll7- itlll)Ilt~ijk71 ~r}~ I3ci}u~::lths `}i},i.lll{.1 tc~ Bc~~; .l~illc^ C'u}rpr~ }+lat:k iY:. t'e~tty~iinlicr tc, hrt}>itn~l, l~xrc~rt }3. F}c~ycl; .tpl~«ii~th hire Incle.jt~:r]Ci~~,nt 1~:xc:cutr~t. 33 W~srr.~llry St~'riirsg V. Fr.lnklin & wits, Jcxc3i K- l4J.'f)5/'~;? fi6{1!?2t~ 17ee-~ w/ -I'cr~ S{~U.t?tc.rtt 1nv~~tn-lE.~nts, 11~c, f(1,'k{">,f~~2 VivTll~i)3`"Y+ ~~95 r(.:t Tt':1Ct F3) Lip n '~'4'arr:uxry E3art1il T3 T'}lfycl ~tl)/lt:?;~2 (iCx+f1I1_?! ~e~.et] u'f Tn; ~a~tlthcrr~ ~nu~sttnt~nts ~(),'}E?/!?2 Vrnc]«r's (tts tc'' Trrli~.t ~~.) t~ie11 Rclt:~i"~~ t~"irz;t hl,ati<~n.al 133~',k I1+~:~U? ~i(74),''i~:3 titi~ Lit~rl `~~'+~; S~t~rling ~` [~rallklin ~ ~>rifc:. J(~e3i K. l{lti(Y1!~2 I'rttt~k3irt {as :c'1 TI'~tc:i Fi) I.JtE.'C! (Yt' SL1UI.f'l~:.l'il ~i1v~"~;Elllt(1{ti. tE'#t:_ ~4/i4a~~~t~ {i~()i`%_~i•~ I'ru:;r ~'(): ~'Jrtit ~+`£lllCllla~ I3;:1~7lC ~{}~~{71~~~ {ar tc~ Tra::t~ A t~. j3} Warranty ~c~rrih~.rn Ir1vGtlx~r.txtti. {1I~:. 21?2.~3 f~t`S(•itq~i? I~ti~.:3 T13: E. E. 'f~txfd 3iCt119:3 Ltntiivici~c{ 3;~ ;nt~:a-~~sl l~e.l~:l_,.~ F"srst !ti'aticln.al i3arlk ~:.i14,"):3 6~i°tLl 1>k ~_is'I1 '}'c,. ticnllll('1'tt Iuw'~st1E1~•nts, [nt. ;1;41~J'.~;~ {a~ t1y ~'ructw A ~ Ei) t-'I~rr~t_ti~ltt sc~ut~,trl1I13v4.;;tErtc~tlts.lrlc- ";'l:?2•/93 71#i~""~ 1~t'strr~lnry `1-rl: Mik4 ~-Icxxl lf)%1~,'t~_3 17i'-oil E"{7n-~:c;rs ~;r~tt~t<~t's Jt;tllii° tr~+nx }-:.}~:-111~~>il t{, h~1ik~' Ei(xYt! ~'ri.l1-E'~111CY M.l~i`. ~C11}Cj. 'l tiill~,~t fT1~1R ~l.Z~3~u5 j~J~,:;~`"~ {{l 1~~~~•+3 7+:}: L.(~w' C'i)l3t]!t}~ I2.tY~ti1:;, f.tci. 41f13/±~i5 {tts t~:+ Tracts A t5~. E#~ 34 Wztrrtsnty Sc~uthcrn Ityve±;trt~c•nts, Inc'. ~ I tx~• C'cnsnlry 3! $1; ~5 ?~1'2144~' t3~.i:d i~cl:itis. L:cl- 4,r[)~I95 f)cl;~.f
  • : corrcf ~. Kt.~rr +t:4~tutly CnE>`:rit.lr ']-tl: `f'f1~ti~ Braxil4n DCCC~ i7t ~:44 (t7 TCi1CI.S A cS,: ~} ~~ ]•il:?t :~r311tI5 7112/=t57 ~5:,ignEttc,nt ~()lltf]l't-n friv4~Mtiiu'r1tti, IcZS.'. 5r'"tiI81T 'A" BAGS Z 4P 4 PAGES P~Se 44 •-- 7UL 25 '96 11:0 AM 4N.'E ROCK EXPL +218 257 355 Page 9 ml 0~2rec~4~~i ~B' 05• x. 287.32 ft.~ I9. 38 dsq. S7. 57. 1i. ii9.i1 ft.; N. 5Z deg. 25' i2" x. i9i,37 ft.} and N. S1 deg. 29' i3. 1f. 237.78 ft. to Lire pt.ACE Ot* BET;itJH2N!G, containing i6.3i acres of land, tware or less, _ within these netes and bounds, INCL9DZM~'i 25.8 acres inundated br the ~' waters of Plat Rack Laks and the t3scadalape ltiwri ta5 AIID EXCEPT the foliol+inq 1.00 acres, leaving a nst of i5.3i awes; Being Tract tdo. 7 as shown on an anrecordsd plat of Aiaswnd D .-- Subdivision, oonveye3d to Sterling V. Franklin, et ux, from oon R. McNair, et ux, by a liarranty I]eed with Vec+dor•s Lfen oxacuted the 11th day of April, 1978, and recorded in Yaluss 207, at Paqe 38, of the !?eBd Records of Kerr County, Texas3 and being Wore particularly described by tastes and baurtdd as lolloksi ._ BErINKIyC at an existing lf3' iron stake for the north corner of the herein described tract, rhich point beass 2693.00 ft. N. 76 deq 21' A8" k. from a fence cornerpost at the Best corner of said B?.58 acres; `TFiENC£, S. 36 deg. 37' L5" B. 208.70 ft. to as existing 112' iron atnki for the east corner of the herein described tractp ® T•3ENCE, S. 53 deg• Z2• i5" ii. 208.70 ft. to • 1!2• iron stake ^et for the South corner of the herein described tract; TL'ENCII, N. 35 def. 3?' :'-°" N. 206.70 ft. toe 1/2" iron stake set for the west corner of the herein describer! tract; i T42EitiCt3, N. 53 deg. 22' i5' 8. 206.70 ft. to the pI.ACB OF l1EGItitiiNlG, containing 1.40 acre of land, more or less, within thCae tnete^ acid 5oendsl S~txvey doted Jane 4, 1992, Oy Don !t. Voelkel, lisgistared Professional I,aI~c1 ~~i_-ds~tyor Sic, 393. '~s~~ '° All those certain 'lYacts tins. 11ro j2} and Sevea j7}, ens shorn oti >tits unrecorded plat of Dia>aot~d D Subdivision, Eery County, Texas, ,vote partiatzlar2y described as foliose: L ttACT Ia0 , 2 All that certain tract or laarcel of land lying atui being situated i.a the County of Kerr, State of Texas, Catrpsisinq one (I} acre of land, loons ox less, out of ~rigina! Survey Yo. i8, iiilliam tfatt, Abstract tio, 366, and being sore particularly described by rtes and bounds as fallaws, to-wit: BsGIli2iitiG wt an iron stake 1-n the S11 line of a !0 foot aide private roadway, for the Each career of snbjeat tract, said corner being ._ located 205.0 feet N. 36 deg. 27' Y. frasl aaather iron stake ^et oA the North or till bank of n slough Or dsaH, aL the wtes•s edge as backed up by Plat Rack Daat, sad said iron stake on the bank of ssid slough or dyer being locaitad approoti~atelr 1120 feet 2t. 13 deg. M. from the lower er South carnet of said Original fisrvay tio. b8, Milliem 14attj TRSIiCS, with the 911 lira of said private roadway, lt. 36 deg. 23' tt. 208.7 feet to an iron stake srt for rise ilortb corner of subject tract; THEtiCS, S. 53 deg. 37' N. 208.7 testa core or lase, to this Hitter's edge of Plat lwaet La]ee as backed ep bj tier flock Des, for tbs Ye:st corner of subject tract, au3rked b7 sin iron sta}oeZ s THEUCS, down the bank of Flat Rook Lake, tolloainq the traater`e edge, as backed up by Plat Rock Dan. S. 36 deg. 23. 1t. ZOB.T feet to the 6cuth orner of subject tract, larked by as iron etakel sxeasis •~• P~:~E 2 OF 8 P11GE3 45 -- JUL 25 '96 1L: 05 AM WHITE ROCK EX°L X210 257 3554 .~, ~.. _ _ y~0792r~~~~7 TltElaeE, NI. 53 deg. 37 ~ s. 308.7 feet, slora or less, to tbo PLACE OF AEtiINNIIIC~. TRACT iQG. T ~ 1111 that certain tract or parcel of land lpiag and being situated in the ConrLty of Kerr, State of Texas, oomprieinq one (1) acre of land, ,ears or less, eat o! Original Sarver Ro. 68, Willia~al Natt, Abstract - No. 366, and bexag Wore particularly described by Inetas and bounds as follows, to-+ritt H8GIN1vIH6 at an iron ^take in the Bii line of a ~0 foot wide private roadway, for the Bast coraer of anbjeat tract, acid Corner being -- located 1288.5 feat N. 36 deg. 23' K. free aaothes iron stake net on the Morth or NUP bank of a slough or draw, et the water's edge as backed up by !'let Roek Daa, aad said iron stake on the bank of said slough or drag being Iooated approximately 1120 feet N. 13 deg. >~- fros- the lower or South came[ o! said Original Surveil t-o. b8, °°' NSlliam Nattp THENCE, yith the 89P line of said private roadway, N. 36 deg. 23' ff. 208.7 feet to an iron stake set !ar the llarth coraer o! ^ub1eat tract THENCE, S. 53 d~q. 3Z' N. 203.7 feet, more dr less, to the xater'e edge of Flat Rock Take. as banked up by Flat Rook Dam, for the West corner of su5ject treat, yoarkad by as iron stake= 2RBNClt, down the bank of Flat Rock Lakes, lollowiaq the xaiez'a edge, as beaked up by Flat Rock Damn S- 3~ deg. 23' E. 208.7 feet to the south :corner of subject tract. ioarked by an iron stake; _. TtIEifICE, D1. 53 deg, 37' E. 208.7 feet, more or less, to tea PLACB DF SECiID111I1'1G. v x -- Tk-is aaavsyanca is s-ada aad acoepted SL[BJAC'P sD the f ollawing easements, reservations, and other ]setters, but only to the extent that the same are valid aAd affect the tract Herein conveyed: 1. Easement to ~r Cosnty, l~axae, dated rebruary 13, 1956, recorded iss Volume 3, Page 15, Easaaent Reeerds of Esrr County, Texas. 2. Sasemeat to Xerzville Telsphotte Company, dated August d, 1A72, riaorded is Volwus 7, Pages 438, 8asesmnt Records of Kerr County, Texas. 3. Right of 1Pay Easement dated peeember 28, 1979, recorded in Volvsie 11, page 429, 8aseaeat Records of Karr Caaaty, Texas. !. Easesient to L0lilet Colosado Aivar 7latbority, dated rebroary 17, 1983, recorded is Volume 16, Sage 2b5, Sseemsnt Records of Kerr County, Taxers. __ 3. Road Right o! Mar 3aaement dated October 5, 1l92, recorded in volwAS 660. Psge 708, Real !*ropestl- Records of 1[arr County. Texas. 6. I-11 oil, ggaas aad other iR3.sNr#ls i.n and under and that may be -- prodwced fros- the sahject propert7, reserved by bon 1t. }{chew and vile, panda t. llclls~I, iA lfarraat Deed with Vendor's Lien to Stsrli»q'0, rranlclin and wife, ~~ 1~. Frasfklin, d#ted 7-pril I1, 1978, recorded is Velure 707, gage 3$, Dead Records, Kerr CnuntY, Sexaa. (Tract 8 Daly) 7. 2`he rights of adioiainq land oxners in and to that part of the hereinabove deacribad property which slay Cotsstituta aacrAtion. EXHIBIT •A' P11G8 3 Or 4 PAGC8 t a6 ~._ 25 '96 11:87 AN _, YH[TE ROCK EXPL +218 257 3534 Paga ~ 079?-~:~=4~ 4 8. Anp visib7.s snd/ac ap~reati roadways or easesienta ovar or acroaa the .object ~'~tY• 9. Propa=tY taxae for 1945 and e12 subeegoent yeas . 1Q. Rtitxlet,lpAi filed of record in Yoluas 192, Page 413 of the Deed Records of Eetr Cannty, 'ibxaa. (1`ract g On111 BXSIBIT •71' ppeGE S OF 4 8AGS3 47 1 i i ! ~ i ' i ~ ~ i ~ i i i ~ i 1 ~r..r i ~y 1 1 I ~4 I I 4 i 1 1` ~ OD M1~ f ul* N,dn~~w ',„'f".a ~ '~ f qN ~ YIIM M IIMA~ ~~ !~!~IIM~ M IM IMW YfNM14w ~pWt wW~1M YA~_~ W tW JI l~M~f µKw~1~MfM MmNI r, f1N ~fM ~~iY /LAt f0/ Cpl/ NO ~~K~Of ~~/~ p ~'~ OUT DF G ~~ Alf ia~ ~Nt oe N K6Rft µ~ut/a tuavev ~ u~ AtRw ~µ Ti%Ai/~ UAQAWK' SRI ~~o~~A ~ `wAT/ 4~ oM 1U16 ACS/ ~ VIF~f ~`-~t!{ a-,ROµ /. F~~ ~ CB ~ V4K000. i M! A wNR~'~ GAY c ~ U/N ll~ttt)'fta ~~ ~~ ~ io'o ~ M/~ N~ ~ 4~ pgGORO/ OP KiPt4. GOU ~ftiMlNR M61 ««+ SIC ~,~ ^~~~ 1 Cher:es J. Rees County Clerk t}..{7-Q-a-p-6 H0. 6b22 PU&GHAS~ e~ Ni~`ETX (goa AcR~s 4} LAND FCR LaVES:~QCI{ do AGRICL'LTU~ B'JiLDING ay motion duly made by Goff end seconded by Powe11 and unanimously approved by the Court, that Kerr Crwnty, Texan, gdrehase q0 sores of lard mpre OP leS9 out pP Survey 111 - S. 'Hallaco and Survey 110 - T. linter, between right-of-way of S,A. & A.P. Ry. Co. a~pd the Guadalupe River, less that land in Stste Highway X27, from Texas Hill Country Development Foundation, a ".'exas Corporation for $16,8$0.00 cash, sub1ect to title exami:~ tion and with a restriction that such land be need for Agriculture and livestock purposes. Such land to ba used Cy Kerr County Texas :for site far construction of Livestock and Agriculture Building. o-o-a-o-c-a CO'JAT RECNsSED FRIDAY, dtn~Y 2nd, 1954 AT 5;+J0 C'CLOCii, imTIL 11c00 O'CLOCK A.M. JCZY ~, 1954 for any mavCers that msy be presented to the Court. COURT RECChTVRNED SA""iJRDAX JpLY 3rd 1954 AT 11:00 G' CLOCi{ A ~ h;. '~Y1TE TF.~ ~I,LO',.lR'C GF~ 'CERS PF~SE'~i': Y.nnorable Jno. R, leavell, County J:;d~e Adolph Bartel, CorQmissianer Precinct ~''3 1. iH. Gut'~rie Cowuissianer Precinct r;'1 Lee GoP! Co~issacner Pxeci2ct ~'4 d. D. Pt~reli .Comrnissianer Precinct ~2 Charles J, Rees County Clerk N0. 6623 OPA"ti?IA'G OF ETAS Bids and Praposale on pro~eets in Precirts Nog, •rrae made by the f ollawing 2nd, 1454 at 2:OC ?~.I,. to~ o-n-o-o•a-o AND PROPOSAiS FOR ASPH~+LmiirT< VA'r.I4ifS ROADS IN KERR COG2~'TY basis of estimates fox t;va-course asphalt surfacing for four differe.Zt 1, 2, 3 and 4, as per material, basis, ~vith separate bid for each road cantrectors end Piled ~rrith Coc.~issiener's Court, to be opened on July .w{t: 4CgLI,Y CL~RSI'RL'C:TMT~N CC'r.i~A.;iY streets, Roads, Se;~erc-ae & ','{eter'larks fi:~ste:n ORDER N[1. 22Er1~ , RRp~ROUAL OF ACQUISITION OF Ft£AL F~Fi0AEF2TY AND AUTH[7R I Z AT I ON OF A Hf~hin CHECK On th i s the 3~-th daty of March 1995 upon snot i on made by 3udge: Denson, sQCOnded by Cowenissior-er~ Orrhler, tfis Cnurt unsnfaous2y approved by ~e- wote of S-O-Qf, to authorize ttte County .judge to execute ar.d sign the necessary tlocu~nents to Close the purchase of Flat Rock fake Rroperty froe Ken Wilson atnd 5ii,~n -^ea1 estate lien notes for approximately f99,~+~.0~d and authartae? a band check far closing coat rot to etxcerd f3,540.0~ to be paid from F•'eNaanent Improve sent Line Item. 50 .~ r t'p" a~ a , _,_._ i f~AZ' ~tOCk LAKE 6VA~gLVP~ RIV~Q ----.- -- -~ GENERAL WARRANTY DECD ~~ THfi STAT3 OF TBXAS 1 KNOW ALL MEli BY THESE PRESENTS: - COUNTY OP KERR "' THAT Tampl• Lumber Company, a oorporatian, organized and •xiating under the law of the State of Texas, In eonsld oration of the sum of Ten and No/100 DOLLARS ($10.00). and other good and valuable aonaldsrations to said grantor in hand paid by the grantees hereinafter named, th ~~' receipt of whleh 1a hereby acknowledged, hoe GRANTED, SOLD AND CONVEYED and by these presents does 6HANT, SELL and CONVEY unto Louis F, Schilling and xife, Carrie Schilling of Kerr County, Tsxae, all that esrtain property actuated in Ksrr County, Texas, described as follava, to-vlt: Lot No. Ten (10) in Block No, Three (3) of Guadalupe Helghta No, 2, a Subdlvi on of part of Survey No, 69, William Watt, according W map and plat to be found of roc d In the offLoe of County Clerk, Karr County, Texas, , TO RAVE AND TO HOLD the said premises, together with •11 rl a, heredltamenta and appurt anaee thereto belonging, unto the said grantees above named, lr heirs and assigns forever. And Temple Lumber Company does hereby bind itself, and its aeesaora and assigns Lo WARRANT AND FOREYBA DEFEKD the title to Bald property unto the s d grantees above named, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same, or any pi thereof . BXBCIITED this 29th day of November, A. D. 54. TEMPLE LUMBER COKPANY (Revenue Stamps =1.10 - - - -Cancelled) By: D. G. NcNair (D.O.McN- - - - - - - - - - - 11-29-54) Agent and Attorney-ln-Past STATE OF TEXAS 1 COVNTY OF HARRIS( BEFORE ME, the un reigned authorl Ly, on this day personally appeared D. 6, McNair, Agent and Attorney-in-Fact for Temple Lumber Company, a corporation known to me to be 'the person whose name is subscr Ad to the Co renoing Snstrument, and acknowledged to ms Lhat he executed *_he same for the pur oses and consideration thsrein expressed, as the act and deed of said Temple Lumber Company nd to the capacity thereto stated. ~ Given under my hand and seal of office, this 29th day of November, A. D. 1954. i '~lesley dray Thompson !S-aAL Notary Public, Harris County, Taxes `Filed for recori t a 1st day of r^sbruary, A. D. 1955 at 1:15 a~clock P. M. 'Decarded the 2~ day of Fsbruary, a. D. 1955 at 10:15 o'clock A. M. (Sarch) ~ ~~ jR. V. NI^HOLS, County Clerk By~.zrs-n-,~-~ /~~«-. w~~! Deputy r.4' 0 0 0 0 0 0 0 0 0 0 o a o 0 0 Dc :D nfITHOUT ARRANTY !THS STATy OF TEXAS 1 COUNTY OF KERR 1 THIS DEED made by and between the United States of America, acting by end through the ad- +~mtnietrator of General Services, under and pursuant to the powers and authority contained in the w rovisions of Private Law 4a0, bard Conrress, approved June 20, 1954, Party of the First Part, !and the Texas H111 Country Development Foundation, Incorporated, a Texas corporation, its V~successars end assigns, Party of the Secard Pert; WI TNES S ETH !~ it The said Party of the First Part, for and in cons id oration of the continuous use and main- tenance of the premises by the Party of the Second Part Cor the promotion of agriculture and in'. consideration of the payment of the sum of SIXTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ~ (si16,500.00), to it duly paid by the said Party of the Second Part, receipt of which is he rebp ~~ ,' 52 Survey No. 110 Thomas N. Minter and 32 sores more or leas out of Survey No. 111 Samuel Wallace, end being a part of the property acquired by the United States of America under deed from the State of Texas, dstsd December 31, 1925, and recorded Sn Volusa 45, Pagsa 471-476, Daad Records of Kerr County, Texas. And being the same property described Sn • Dsed from the Vnited Ststea of Americs to Texas 8111 Country Development Foundation, Incorporated, dated February 1, 1955, of record In Volume 9T, Page 4L15 of the Deed Aecords of Kerr County, Texas. It Ss distinctly understood and agreed that this conveyance is made subject to all of the r~.~ervetiona and restrictions set forth in the original deed from the United States of America to the Texas Hill Country Development Foundation, Incorporated, except as to the ellenetion thereof, which right wss apeclflcally given by the Congress of Lhe United States, end signed by the President of the United 9tatea of America. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights end sppurtensnces thereto in anyxlse belonging unto the said Kerr County, Tsxss; and it does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all end singular the said premises unto the said Rerr County, Texsa, against every person xhomsoever lawfully claiming, or to claim the acme, or any pert thereof, subject to the reaervstlona, conditions and covenants herein contsined. WITNESS its hand at Kerrville, Texas, this 30 day of August, A. D. 1955• CORPORATc SEAL Ta"1U15 HILL COUNTRY DEVELOPMENT FOUNDATION, INCOAPOAATED. ATTfi'ST: BY Adam Wilson, Jr., President. F. A. Buddy Karger, Secretary. (No Revenue Stamps affixed) THE STATE OF TEXAS ) THE' COUNTY OF KEAR ) Br^FORE ME, the undersigned authority, a Notary Public Sn and for Kerr County, Taxes, on this day personally appeared Adam Wilson, Jr., President of Lhe Texsa Hill Country Development Foundation, Incorporated, known to me to be the person and officer xhose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act end deed of the Taxes Hill Country Development Foundation, Incorporated, s corporation, end that he executed the same as the act of such corporation, for the purposes and conaider- etion therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND S?AL OF OFFICE, this 30 day of August, A. D. 1955• SEAL W. A. Clampitt Notary Public, Kerr County, Texsa. Filed for record the 11 dsy of Oct. 1955 at 11:30 A. M. Recorded the 13 dsy of October, 1955 at 11:35 A. M. (et) ~ ` R. V. Nichols, County Clerk By~r~ ,,, ,- ~i /`%~_~_.. ~-'~~. Deputy. o-o-o-o-o-a-o-o-o-o-o-o-a-o-o 9IOHT OF MAY Dsc'l. THE STAYS OF TEXAS ) ( KNOW ALL MCI BY TB ESE PRES ~7T3: COUNTY OF KEAR 1 That we, MRS. WINONA MOORS PRIOUR, a widow, MRS. V~.MA MOORG PRIOUR, joined by her husband, J. W, PRIOIIR, MAS. MINEOLA MOORS DOWNr7(, ~olned by her husband, HARRY DOWNEY, T. J. MOOR'c, 22, MSRLE MOOAE DIR'ERT, Jolnad by her husband, RAYMOND DIcfERT, 6LADY5 MOOR^a, • widow, J. W. PRIOUR, JR., DALE PRIOIIR, T. J. MOORS, III, MAATHA VIAOINIA MOORS, ^ fame sole, MNS. , MARIE HURT, joined by her husband, LEWIS HURT, BILLIE JEAN ORIFFIN DUNCAN and her husband, , JIM DUNCAN, all residents of Kerr County, Texas, save the said MAS. MINEOLA MOORS DOWNr-1.C and j her huabsnd, AARRY DOWNEY, who are residents of Hexer County, Tsxss, snd the asid BILLIE JEAN ~ bRIFFIN DUNCAN and her husband, JIM DUNCAN, who are residents of Tarrant County, Texsa, for ~~ ~ ~~o 53 description of said reservations and restrictions; and, WH?R?AS, under the terms of said deed above referred to, the Texas H111 Country De- velopment Foundation, Incorporated, was restricted from the sale of said property for • par- lod of twenty-five (25) years from the date thereof, but said restriction as to the sale of said property vas relsaed Sn a recent bill passed by Congress of the IInited States of America, •nd signed by the President, in which said bill said association vss authorized to convey said lend to Kerr County, Taxes, subject however to the same reservations and restriotlona as were set forth in the original deed from the IInlted Sts tea Government to the said Texas Hill Country Development Foundation, Incorporated; NOM THEREFOFL., Texae Ai11 Country Development Faundation, Incorporated, acting by an~_ through its duly authorized President end Secretary, pursuant to a resolution passed by the Hoard of Directors of said association, for •nd in consideration of the sum of =16,850.00 to it in hand paid by Kerr County, Texae, the receipt of xhich Ss hereby acknowledged end con- fessed, have Granted, Sold and Conveyed, end by these presents do Orant, Sell and Convey to Kerr County, Texas, the folloxing described land, situated Sn Rerr County, Texas: All that certain tract or parcel of land lying end being actuated in the County of Kerr and the State of Texae out of Survey No. 110, Thoe. N. Minter, •nd Survey No. 111, Sam. Wallace, situated about 2} miles S. 30° E. from the City of Kerrville, the County Seat, and being more particularly described by metes and bounds as follows, to-wit: BEGINNING at the South corner of Survey No. 110, Thomas N. Minter, being also the Weat corner of Survey No. 68, Wm. Watt, an iron stake on the Northeast bank of the Guadalupe River, at the normal water's edge, end this corner being located N. 1;$° E. from end on the opposite side of the sold River from the North corner of Su ^vey No. 66, Wm. Watt from xhich it xas originally located; THENCE with the Southeast line of Survey No. 110 Thomas N. Minter, being the Southeast line of the II. S. Government property, N. 45° -00' ~. 225P. feet to an iron staks' end fence corner in th+ Southwest right of way line of the S. A. Ae A. P. R. R., for the ex- treme 'cast corner of this tract; TH ?7C3 with th^ Southwest Tins of said Ra11 Road Right of Way, N. 39° -10' W. 550 feet to the beginning of a circular curve to the left; TH:3tC5 along the arcs of the se id circular curvy to the left whose radius is 1668.7 feet and whose central angle is 26° -u 2' for a distance of 790 fret to the end of the curve; THs~CS continuing with se id right of way, on the tangent line, N. 65° -52' M. 1065 feet to a fence corner poet and •n iron 'stake set for the East corner of that 6 acre tract of lend which xas conveyed by the U. 3. Government to the American Legion Department of Texas by Deed dated Goober 29. 1930, ^a re- i corded in Volume 52, Page 612 of the Deed Records of Kerr County; THL-I'1CE xith the line of the , r~ avid American Legion tract, 3. 17° -44' W. 296 feet to a earner, now Sn the limits of Highway it No. 27; TH~'NC3 with the line of said American Legion tract S. $2° -35' W• 376 feet to an iron stake in the Northeast line of the old Highway No. 27, now s County Road, for the South corner~h~ of the se id American Legion tract; THENCE with the Northeeat (or Northl line of the acid old y Highway No. 27, N. 39° -22' w. 307 feet; THe:NC~ xlth avid road line, N. 45° -07' W. 196 feet; i! TH^•.NC3 with said road line Ns. 46° -54' W. 267 feet; THENCE with said road line, H. $1° -54' i W. 293 feet to an iron stake set in the Northeeat line of the ^. S. Government property; TH~CE xith the Northeeat line of the II. S. Government property S. 45° W. 516 feet to sn iron . stake sat on the Northxest Denk of the Guadalupe River, at the waters edge, for the Weat cor- ner of the II. S. Government property, and the West corner of this tract; THliNCE down the NE bank of the Guadalupe River folloxing the xatera edge with its meanders, S. 33° -1$' &• 3326 feet to the place of beginning. Containing an aggregate of 116 ^cres more or lees, being 84 acres more ar lees out of ~~ ~ J~ a 54 '~ ~~ WARRANTY DEED "' PTHE STATE OF TEIAS ) `_ --- ----- - ( KNOMf ALL MEN B7 THESE PRESENTS: _ ;,THE COUNT? OF KERR ~~ That whereas, on the 1st day of February. A. D. 1955, the United States of America eon- '~vayed to the Texas Hill Country Development Foundation, Incorporated, the following described -land, situated in Karr County, Texas: All that certain tract or parcel of land lying and being situated in the County of Karr ,,and the State of Texas out of Survey No. 110, Thoa, N. Minter, and survey No. 111,Ssm. Wallace, ~eituated about 2~ muse S. 30• E. from the City of Karrrills, the County Seat, and being more :, particularly dsacribed by metes and bounds, as follows, to-wit: ~, BEGINNING at the South corner of Survey No. 110, Thomas N. Minter, being also the west - j'cornar of Survey No. 68 Wm. Watt, an iron stake on the northeast bank of the Guadalupe River, at the normal water's edge, and this corner being located N. 45• E. from and on the opposite .aide of the said River Trom the North corner of Survey No. 66 Wm. Watt from which it was - joriginally located; THENCE with the Southeast line of Survey No. 110, Thomas N, Minter, being t the Southeast line of the U,~S. Government property, N. 45' 00' E. 2258 feet Lo an iron stake, !and fence corner in the Southwest right of way line of the S, A. k A, P. R, R „ for the ex- ~treme East corner of Lhia tract; THENCE vrith the 3outhxest line of said Rail Road Right of Way, t ~;N. 39• -10' W. 550 feet to the beginning of a circular curve to the left; THENCE along the arc ~lof the said circular curve to the left whose radius ie 1668.7 feet and whose central angle ie ~i26•-42', fora distance of 790 feet to the end of the curve; THENCE continuing with said fright of way, on Lha tangent lino, N. 65° -52' W, 1065 feet to a fence corner post and an iron ~istake set for the East corner of Chat b acre tract of land xhich was conveyed by the U. S. Government to the American Legion Department of Texas by Deed dated October 29, 1930, as re- i ~!cordsd in Volume 52, Pege 612 of the Deed Records of Kerr County; THENCE with the line of the ~aald American Legion tract S. 17• -44' W, 296 feet to a corner, now in the limits of Highway ~No. 27; THENCE with the line of said American Legion tract S. 52'-35' W. 376 feet to an Sron !stake in the Northeast line of the old Highway No. 27, nox a County Roed, for the South cor- ner of the said American Legion tract; THENCE with Lhe Northeast (ar North) line of the said old Highway No. 27, N. 39• -22+ W. 307 feet; THENCE with said road line, N. 45° -07' W. 196 feet; THENCE with said road line No. 46• -54' W, 267 feet; THENCE with said road line, N. 51° .- -54' w, 293 feet Lo an iron stake set in the Northwest line of the U. S. Government property; THENCE with the Northeast line of the U. 5. Government property S. 45° W. 916 feet to an iron ~atake set on the Northwest bank of the Guadalupe Aiver, at the waters edge, for the Weat cor- - ner of the U. S. Government property, and the West corner of this tract; THENCE down the NE 'bank of the Guadalupe River following the waters edge with its meanders, S. 33° -15' E. 3326 ,feet to the place of beginning. - n Containing an aggregate of 116 acres, more or leas, being 84 acres more or less out of ',Survey No. 110, Thomas N. Minter and 32 acres more or lees out of Survey No. 111 Samuel ':Wallace, and being a part of the property acquired by the United States of America under Dsed °" from ?he State of Texas, dated December 31, 1925, end recorded in Volume 45, Pages 471-476, Deed Records of Kerr County, Texas= which said deed is of record in Volume 97, Page 445 of the I' Deed Reeorda of Kerr County, Taxaa, to xhich instrument and its record reference la hereby ~mads for all purpoasa; and, WHEREAS, Sn said deed above referred to, certain reservations as to minerals, and eer- Itain restrictions as to the use of said property were placed in said deed, all of xhich fully appears in said deed, and reference !e hereby made to the same for a full and complete /~~ \7 ~ ,~ V 55 •y not b• transCarr~A or delivered without • li~wns• under Lh• Atomte Rnerpy Ant of 1946. as 1 ox exists or may hereafter be emended. such material shall be the property of the IIaited State iconic Energy Commission, and the Commlaelon may rsqulrs delivery of auoh material Lo it by any ossassor thereof after such material has been separated as auoh l4wm tits ores in xhloh it vas r ontained. If the Commission requires the delivery of such material to St, it shall pay to the'I „-, arson mining or extracting the acme or to ouch other person as the Commission determines to bed ntitlsd thereto, such auras, including profits, ae the Commission deems fair and reuonabls for,' e diaeovery, mining, development. production, sztractlon, and other services performed x1Lh ( ._ aspect to auoh material prior to ouch delivery, but such payment shall not include any amount i n account of the value of such material before removal from Sts place of deposit 1n nature. f the Commission do ea not require delivery of such material to St, the reservation hereby'naade~ hall be of no further force or effect. This conveyance is aub~ect to all existing easements, rights-of-say, lioensea or permits or telephone, water, poxer, and other utility lines and for roads and highxays. ' '~' TO SAVE Af7D TO HOLD the sold premises, with its appurtenancsa, unto the said Party of Lhe econd Part, its successors and assigns forever, auD~ect to the reservations, oonditions and ovenants herein contained. ~ In :he event there is a breach of any of the conditions and covenants herein oontained by he Party of the Second Part, its succeasora and assigns, xhether caused by the legal inability f said Party of the Second Part, iLa successors and assigns, to perform said conditions and ,. ovenants, or otherwise, during said txenLy-five year (25-year) period, all right, title, and ' nterest in and tc ell of the said premises shall, in its then existing condition, revert to and ecome the property of the United States of America at its option, and SL shall have the immedle: ,Night of entry upon avid premises and the Party of the Second Part, its successors and assigns, 7 bhall forfeit all right, title and !nterest Sn said premises and In any and all of tits tenements, i ~~eredlta.~ents and appurtenances thereunto belonging; 'i PRCVID~ HOWEVER, that the failure of the United States of America to require !n any one 'pr more instances complete performance of any of the w ndltions or covenants herein contained i phall not be construed as a waiver or relinquishment of such future performance, but Lhe ob11g- its aucceasors and assigns, with respect to ouch future performance, shall continue ation o^ the Party of the Second Part,/in full force and effect; ' PAC'vID'aD FURTHER, that to the event the United States of .lmerice fails to exercise the ,~ option to re-enter the premises for any such breach within Lxenty-flea years (25-years) from the date hereof, all oC said conditions and covenants, together with all rights of the United States oC America Lo re-enter thereon as hereinabove provided, shall as of that dste terminate and be ._ bxtinguished. i i The said Party of the Second Part does by the acceptance of this deed covenant and agree u for itself, and its successors and assigns, forever, as follows: I _ ~ 1. For • period of twenty-five years (25-years) from the date of thts Conveyance, the above tlescribed premises shall be continuously used and maintained by the Texea H111 Country Devslop- ~ dent Foundation, Incorporated, for the promotion of agriculture through encouraging activities f 4-H Clubs, Future Farmers of America, Vocational Training, improvements in the breeding of ivestock; studies concerning improvements in grasses on ranges; and other activities designed o encourage more interest in, and Smg~ovement of all phases of agricultural endeavor, but for ~' ~~ o other purpose.. 2. Por a period of twenty-five years (2$-years) from the date of thin aonvsyanoa, the arty of the Second Part, !ts successors and assigns, shall file biennial reports t+iLh the dminletrator of f3eneral Services, or his successor in function, setting forth the use of the 56 property during the preceding two-year (2-year) period, and other pertinent data establishing bts continuous us• and maintenance of the property by the Tszas Hill Country Development Found •tion, InoorporaLad, for the purposes set forth above. 3. The Party of the Second Part, its successors and assigns, x111 not sell, lease, or otherwise dlapos• of, any of the premises above described within twenty-flue years (25-years) of the date of this Conveyance, without first obtaining the written authority at the Administr for of Oenaral Ssrvloea, or his sucaeasar In lhnation, to auoh sale, lease, or other disposal. 4. In th• svsht of a breach of any condition or oovsnant herd n imposed, the Administr- •tor of General Services, or h1• suacsasor in function, may immediately enter and possess hlm- sslt of title to the herein-conveyed premises for and on behalf of Lhe Unltsd States of Amsrlo $. In the event of a breach of any condition or oovsnant herein Smpoaed, the Party of the Second Part, its successors •nd assigns, will, upon demand Dy the Administrator of General Servioes, or his successor in funoii6n,.take such action, inoluding the prosecution of suit, o execute such instruments, as may be necessary or required to evidence transfer of the title to the herein-conveyed premises to the United States of America. IN YITNE93 WHEREOF, the United States of America and the Texas Hill Country Development Foundation, Incorporated, have caused these presents to be executed this 1st day of February 1955. ~ _ LiNITED STATES OF AMERICA, Acting by and through WITNESSES: Administrator of General Services Martin S. Tudyk /s/ Hy Rarl E. Wailace James K. Winsor RARI, E. WALLACE Regional Dirsator, Region 7 General Services Administration Dallas, texas WITNESSES: TEXAS HILL COUNTRY DEVELOPMENT Martin S. Tudyk FOIINDATION, INCORPORATED James R. Wlneor ATTEST: (No Corporate Ssal Affixed) /s/ HT A. C'ViaslPrea. P. A. Barger Texas Rill Country Development Foundation, Inc. Secretary lfiE STATE OF TSXA3 { COUNTY OF DALLAS { BEFORE Mc, a Notary Public in and for Dallas County, Texas, on this day personally appeared KARL E. dALLACE, known to me to be the person xhoee name is subscribe to the foregoing instrument, and known to me to be the Regional Director, Region 7, General Services Administration, Dallas, Tezes, and •cknowledged to me that Lhe same was the act and dead of the United States of America •nd of the Administrator of General Services, and that he executed the same as the act of the United States of America and of the Administrator of Gnner Services for the purposes end consideration therein expressed and in the capacity therein stet ed. 1 GIVEN UNDER MY HAND ARD SEAL OF OFFICE at Dallas, Texas, this let day of February, 1955. My Commission Expires: June 1, 1955 Mary L. Patton ~ Notary Pub11o in and for Dallas County,Tsza SEAL THE STATE OF TEXAS { COUNTY OF DALLAS { 8 EFORE ME, the undersigned authority, on this day personally appeared is A. C. ERWIN, Yics-President. known to me to be the person whose name is subscribed to the fors going instrument, and acknowledged to me that he executed 137e same for the purposes and consld r- atlon'thereln e;prssasd and !n the capacity therein stated as the act and deed of. Tszas H121 Country Development Foundation, Incorporated, 9 GI YEN U1fDER MY BAifD AND SEAL OF OF_FICS„tttls let daf of February, 1955. - 9 My Commission Exptrss: June 1, 1955 Mary L. Patton SEAL .. Notary Public in and for Dallas County, Texas Filed for record the 2nd day of February A. D. 1955 at ):JO o~clobk P. M. Aaoorded the ~rd.day of Psbruary. A. D._1955 at'9:45 a''oloek A, M. (amb) Qrn. ~.Y.~QC$OIS,_Co»n .v gler)~- -- --- - -- ----~Y~eyjsc~d_.1L~~.is~~~c~c,i~ Dea~ltp ~-j yy~ 57 ~M W ~'f1~ norm -+~ wp ~ t~,n~r~ s~ °~ ~~~ canrtr µ°"` rr~ ~ 1~ rtirl~~'~Y ~ 1~3 ..--~"'.-~ ~~y~~ '~°~~1~' PROOF THE SPONSOR CAN PREVENT DRILLING/MINING OF THE PROJECT SITE •°- Flat Rock Lake County Park Grant Application PROOF THE SPONSOR CAN PREVENT DRILLING/ MINING OF THE PROJECT SITE Kerr County does not have an ordinance preventing drilling/mining on County property. In lieu of such an ordinance, the County Commissioners Court passed a Resolution on July 29, 1996, as follows: SECTION 5: The "Applicant" hereby declares and resolves that all lands dedicated as Flat Rock Lake County Park shall not allow any mining for, exploration of, or drilling for oil, gas or other minerals of any nature or kind on the subject lands including but not limited to gravel, coal or other hard rock mineral. This was part of the Resolution authorizing the Grant Application which is included in this application. 59 U.S. ARMY CORPS OF ENGINEERS REVIEW COMMENTS/CLEARANCE/ ._ 404 PERMIT Flat Rock Lake County Park Grant Application FRONTERA ASSOCIATES INTERNATIONAL INC. BUSINESS BEYOND BORDERS July 30, 1996 - Fort Worth District Corps of Engineers Mr. Wayne Lea, Chief of Permits P. O. Box 17300 _ Fort Worth, Texas 76102 Attention: DE SWFOD-0 Dear Mr. Lea: Our firm has been retained by Kerr County as consulting engineers for the -' preliminary design of a park - "Flat Rock Lake County Park", as part of a grant application to Texas Parks and Wildlife. Location: Flat Rock Lake on the Guadalupe River - 1/4 mile south of the City of Kerrville. See the attached location map. Description of Proposed Action: ~- The proposed action is to develop, for outdoor recreational purposes, 60 acres of Kerr County lands in south Kerrville, Texas. The site is currently undeveloped and has no vegetation other than indigenous grasses and trees. Approximately 15 acres of the site is under cultivation. The site was identified in the Kerr County current Parks and Recreation Master Plan (199fi) as a county wide park. Site preparation will involve the removal of a small amount of underbrush, grading and installation of basic infrastructure including a water tap and wastewater tap, as well as underground electrical "- lines and irrigation. SAN A.~iTONIO 100 Richmond San Antonio, Texas 78205 (210) 226-2922 FAX (210) 226-8497 LAREDO 915 Victoria Laredo, Texas 78040 (210) 727-8710 FAX (210) 727-8267 PHARR 211 W. Expressway 83 Pharr, Texas 78577 (210) 781-0405 FAX (210) 787-6992 60 Page 2 _ July 30, 1996 Recreational Facilities will include the following: Swimming Area - 300 'length along Guadalupe Walking/Hiking Trails - 6,350' _ Large Pavilion -Open Air Pedestrian Bridge on Third Creek Playground _ Multi-Purpose Open Fields Boardwalk -Parallel with channel - 10' wide x 120' long Sand Volleyball Picnic Units Nature Area Support Facilities will include the following: Roads Parking Fencing _ Restrooms Drinking Fountains Landscaping Lighting _ Irrigation System Flood Plain and Wetlands: _ A portion of the proposed site is located within a flood plain area. There is no portion of the site designated as a wetland. At this time we are requesting a jurisdictional determination regarding the above work. We feel it qualifies under the general permit issued on a nationwide basis for activities covered under Section 404 of the Clean Water Act. The work will comply with the following requirements: 1. Bank stabilization activity is less than 500 feet in length; 2. The activity is necessary for erosion prevention; 3. The activity is limited to less than an average of one cubic yard per _ running foot placed along the banii within waters of the United States; 4. No Material is placed in excess of the minimum needed for erosion protection; -' 5. No material is placed in any wetland; 6. No material is placed in any location or in any manner so as to impair surface flow into or out of any wetland area; ~- 7. Only clean material free of waste metal products, organic materials, unsightly debris, etc. is used; and 8. The activity is a single and complete project. 61 Page 3 July 30, 1996 I have enclosed a copy of the resolution which approves us under Section 4 to provide the professional services necessary. Please advise me at your earliest convenience with regard to any specific needs. Sincerely, FR NT ASSOCIATES INTERNATIONAL, INC. i~ - ~A. Brad Groves F~ ~, ABG/mly Attachments cc: Texas Parks & Wildlife _ r 62