ORDER NO. :~4D99 AP'P'ROVAL TO SET PUBLIC HEARING FOR THE VACATING OF REF'LAT OF LOT I~ SHEF'F'ARD HILLS ESTATES Dn this the '8th day of Jul y 1997, ~_~pon motion made by Commissioner Baldwin, seconded by Commissioner Lackey, the Co~_lrt unanimously approved by a vote of 3-~-Ib, to set p~_~b1ic nearing for the vacating of Replat of Lot 1-~ Sheppard Hills Estates to be held on September 8, 1997 at 10:0+ A. M. subject to the applicant paying the p~_~blication fees. Order NO. 2099 Set Publio Hearing Approval to of replat for the vacatinard Hills Estates of Lot 10 ShepP July 28, 1997 Vol. V page 297 COMMISSIONERS' COURT AGENDA REQUEST "~ * PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnston. P.E. Leonard Odom. Jr. OFFICE: Road & Bridge Department MEETING DATE: July 28, 1997 TIME PREFERRED: SUBJECT:(PLEASE BE SPECIFIC): Consider cancellation of Replat of Lot 10 of Sheppard Hills Estates lVol 5 Paae 277) and set date for public hearing for same EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON: ESTIMATED LENGTH OF PRESENTATION: 10 minutes PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston. P.E Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters 551 & 552 of the Government Code is as follows. Meetings held on first Monday: 5:00 P.M. previous Tuesday Meetings held on Thursdays: 5:00 P.M, previous Thursday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judges 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 your request being addressed at the earliest opportunity. See Agenda Request Guidelines. II~c~>Y°lr (~®~nlr>l~~ III®~.~1 ~ 1~1r>l~l~c~ 4010 San Antonio Hwy. '~ Kerrville, TX 78028 (830) 257-2993 FAX (830) 896-8481 TO: Commissioners' Court FROM: Franklin Johnston, P.E. DATE: July 17, 1997 RE: Cancellation of Replat of Lot 10 of Sheppard Hills Estates and set date for Public Hearing The owner of Lots 10 A, 10 B & 10 C wishes to cancel the replat (Vol 5 Page 277) which created the three lots, leaving the original plat of Sheppard Hills Estates, Lot 10 of approximately 13.7 acres (Vol 3, Page 106). In accordance with Section 232.008 of the Local government code, a public hearing is required. The public hearing date shall be at least 30 days from this date, or September 8, 1997, at 10:00 a.m. _ THE G UADAL U PE COMPANIES ~~~~~~~~~~~~~~ SURVEYING 8 SEPTIC SYSTEMS 217-A Wert Water Street Kerrvilb, Texrs 78028-4262 Telephone (210)896-1809 Fex 898-3634 July 12, 1997 Mr. Franklin Johnston County Engineer Kerr County Road and Bridge Dept. Kerrville, Texas 78028 RE: Petition to vacate a subdivision plat Dear Franklin, Please place me on the agenda for the July 28th Commissioners Court meeting so approval can be given to Pat Dye to advertise the public hearing in which the vacation would take place. Attached is a copy of the original plat, a copy of the replat dividing Lot 10 into three tracts and a copy of the petition to vacate. Sincerely, ~~ Charles Digges KERR COUNTY ROUTING SLIP for P / ~ ~~ ~ [ ] Preliminary Plat [ ]Preliminary Replat FROM: ~/%Gi" /~'> ~~' . F' S / ~- ~~~G~S ~'i rim. ~~ ~ ~ _ / PLAT NAME• ~FTe,,~~ ~ ~, ~ ~--« < ~ iv ~-~ ,`~F-~>>~~~t/r~~~ / _sf~~S AGENDA DATE REQUESTED: (Plats are to be considered and accepted for the Commissioners Court Agenda only on Road & Bridge Day which is the first Tuesday of each month) 1. Submit four (4) copies of the plat to the Kerr County Engineer for review fifteen (15) days prior to next Road & Bridge Commissioners' Court Date. Received: Date 2. Submit one (1) copy of Preliminary Plat to County Clerk and arrange for payment of fees per Kerr County Subdivision Rules & Regulations. [ ]Preliminary Plat [ ]Preliminary Replat ja ~~~' ~~ Amount Paid $ ~~ ~/ Signature: (Pat Dye, County Clerk) Date 3. Submit one (1) copy of Preliminary Plat to Environmental Health Department. [ ]Permit application and support data for On-site Sewage Facilities [ ]Flood Plain information Fee Amount Paid $ Received: Date (over) ,. GP ARC .~ A-~ ~S S ES ~, ~•~ W.T. 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Kerrville, Texas 78028 RE: Petition to vacate a subdivision plat. Dear Franklin, Please place me on the agenda for the July 28th Commissioners Court meeting so approval can be given to Pat Dye to advertise the public hearing in which the vacation would take place. Attached is a copy of the original plat, a copy of the replat dividing Lot 10 into three tracts and a copy of the petition to vacate. Sincerely, ~=,' ~// ~~~~~ Charles Digges - Cause No. IN THE MATTER OF } { THE REPEAT OF } { IN THE COMMISSIONER'S COURT OF TRACT 10, SHEPPARD } { KERR COUNTY TEXAS HILLS ESTATES PETITION TO VACATE SUBDIVISION PLAT Chapter 232.008, Local Government Code TO THE HONORABLE KERR COUNTY COMMISSIONER'S COURT: ~ ~' ~. M-~t+A~~- NOW COME . SHOUP and wife, DONNA Y. SHOUP (Petitioners), and file this, their Petition to Vacate the Plat of "REPEAT OF TRACT 10 OF SHEPPARD HII.LS ESTATES" filed in the Kerr County Plat Records on October 24, 1986 and recorded at Volume 5, Page 277 of the Kerr County Plat Records by Order No. 16913 and in support thereof would respectfully show this Court the following: I. Petitioners own all of the three (3) lots in the "REPEAT OF TRACT 10 OF SHEPPARD HILLS ESTATES". Petitioners acquired of all "REPEAT OF TRACT 10 OF SHEPPARD HILLS ESTATES" by purchase of the entire subdivision from William Alan Bacon on January 20, 1995. Petitioners Deed to "REPEAT OF TRACT 10 OF SHEPPARD HILLS ESTATES" is recorded in Volume 0782, Page 778 of the Real Property Records of Kerr County, Texas, and a true and correct copy of which said deed is attached hereto as "Exhibit A" and is incorporated herein by reference, word for word, verbatim. II. Petitioners seek to cancel all of the subdivision and seek to re-establish the property as an acreage tract as it existed simply as Tract 10 before the "REPEAT OF TRACT 10 OF SHEPPARD HILLS ESTATES" into three (3) smaller tracts was recorded. The cancellation of all the re-subdivision does not interfere with the established rights of any other purchaser for the reason that Petitioners own all of the subdivision and agree to the cancellation. III. Petitioners pray for an order of the Commissioner's Court authorizing them as owners of the "REPEAT OF TRACT 10 OF SHEPPARD HILLS ESTATES" to file an instrument cancelling the "REPEAT OF TRACT 10 OF SHEPPARD HILLS ESTATES". The said instrument will describe the "REPEAT OF TRACT 10 OF SHEPPARD HILLS ESTATES" that is cancelled. Respectfully submitted, ~.M K-~~-` =~~. Shoup ~~~ P.O. Box 5009 Katy, Texas 77491-5009 281-859-2241 or713-656-2866 STATE OF TEXAS } COUNTY OF KERR } Gr . Donna Y. S up i ACKNOWLEDGMENT Before me, the undersigned authority, on this day personally appeared MICHAEL F. SHOUP and DONNA Y. SHOUP, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes, consideration, and in the capacity therein expressed. Given under my hand and seal of office this ~.3 Ro day of ~.5 CCdV r , 1996 __ ~~~ ary ublic in and for the ate exas ~£.. Rai Y~~ _ j ~ r rl ~ 4D ~ ~ .. w ~d 1 '~ N 1 ti , , x ~ ~~ h``. ~~ ,~ ~0 ~~p ~~ N ~ Nq~•IB~ rp.9 Z~~~ ~. i :; NI ~0 1• i ' i r .' i.%. ~ ~d~ ~~ ~ ~~~z a~,,, ~Y ~Es.r/ ~ Co55•~ _ N y ..r ~' ~ •t N SIr.~.+~tM OAK AR~Vf - _ ~ So' R.D. w• ~_ -_. ~ ~~ is*2~ti.9 _ ~ / R~26'1.1 Lsg7.y'f ~ ~~ L=IIfS.S3 81.'!'00"4/7`E ~ ~ ~ I y-.az ~ ~ J R = 200. y8 / L~ 87.14 0 ~ ~ 219.97 1 N 80'49~12~~i~ 1~ NbJ'32~f4~tM f ~ ~ 104.58 I / L~ l~ 5 57'21 2`/"w L07 lob ~9 !~ n 3.400 Acres ~ 0a ~~ ~ r bo ~~1 K' l.oT loA A7I 5.~2o Ages .j.. ~ r~-r. .. i'i i•, ; f .':: .. ' -r' bti n°' LOT IOG 5.223 A«.. W ~ _,~ : N ,J T D ? h Z ~ _,_ ___ 100.00 N 4y• s3'w 3 O~ e~ H 355.1y ~{_ .-. 'i56 !3 NOTES: t. These lots are subject to the same easements and restrictions as the tracts of the Sheppard Mills Estates subolvision as recorded in ~clume ~, Pade iJC and Volwne i~b, "ayr,• 7;.9. 2. The total acreage of tf.is subdivisfon is :5.743 acres. 3. . denotes a found or set Iron rod fur all property co r:ers 4. ~~cnool District: K.I. .D. 5. Uwner 6 Developer: Bill tiacon 226 Harper Nc,ad xerrville,Texas 7602;1