GIRDER I~1C1. c:.cic~~ A1='~'RCIVAL OF EXCHAhIGE CIF R1GHT-CIF-WAY ClN AVERY RCIAD Ah{D HAR~'ER RCIAD Cln this day the 9th day of Febr^~_~ary, 1998 ~_~pon motion made by Commissioner^ Baldwin, seconded lay Commissioner Oehler^, the Coi_ar^t unanimously appr^oved by a vats of 4-V~-Q~, the exchange of right-of-way on Aver^y Road and Har^per Road. COMMISSIONERS' COURT AGENDA REQUEST -- * PLEASE FURNISH ONE ORIGINAL AND FIVE GOPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnston, R.E. MEETING DATE: February 9, 1998 OFFICE: Road & Bridge Department TIME PREFERRED: SUBJECT:(PLEASE BE SPECIFIC): Consider approving exchange of right-of-wa r~on Avery Road and Harper Road EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON: Consider approvinq_exchange of right-of-way on Avery and Harper Rds cSTIMATED LENGTH OF PRESENTATION: 10 minutes PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston P.E./Leonard Odom, Jr. 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 Monday Meetings held on Thursdays: 5:00 P. M. previous Thursday 'HIS REQUEST RL~EIVED 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 a~lressed at the earliest opportunity. See Agenda Request Guidelines -_ ,Texas Department of Transportation P.O. BOX 29928 • SAN ANTONIO, TEXAS 78284-3601 • (210) 615-1110 P. 0. Box 951 Kerrville, Texas 78029-0951 January 21,1998 Mr. Leonard Odom Kerr County Road Administrator 4010 San Antonio Highway Kerrville, Texas 78028 Subject: Exchange of Right of Way @ James Avery Drive Dear Mr. Odom: Attached please find field notes for two parcels of land located at James Avery Drive and RM 783. These field notes were developed to allow for the realignment of Avery Drive to improve the safety and operational "'"'' characteristics of this intersection. James Avery has agreed to donate 0.40 acre( described in the attached field notes) of the needed right of way in exchange for the benefits realized by this project. We agreed to return any right of way in excess of that needed to James Avery, after the project was completed. The survey to determine the excess right of way has been completed and we have determined the 0.10 acre of land should be returned to James Avery. This parcel is also described in the attached field notes. These field notes are being forwarded to you for the following action: li4- to write deeds transferring the donated right of way from James Avery to Kerr County (0.40 acre parcel) and transferring the excess right of way (0.10 acre) back to James Avery, • arrange for the transfer of title and recording of these instruments. Thank you for all of your assistance in this matter. If you have questions or need additional information, contact Michael Coward, P.E. at (830) 257-8444. Sincerely, ~~ Bill M. Tucker, P.E. Area Engineer MAC1mc An Equal Opportunity Employer FIELD NOTES DESCRIPTION FOR 0.10 ACRE OF LAND OUT --- OF THE JAMES AVERY CRAFTSMAN, INC. LAND AT THE INTERSECTION OF FM HIGHWAY NO. 783 AND AVERY ROAD 1N KERB COUNTY, TEXAS Being all of a certain tract or pazcel of land containing 0.10 acre, more or less, out of G. P. Phillips Survey No. 628, Abstract No. 610 in Ken County, Texas; part of a certain 0.91 acre tract conveyed from Ganelle Drennan Anderson to James Avery Craftsman, Inc. by a Wazranty Deed executed the 8th day of September, 1995 and recorded in Volume 815 at Page 455 of the Real Property Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at a''/z" iron stake set in the northeast right-of--way line of F. M. Highway No. 783 and in the west line of a certain 7.68 acre tract conveyed from Gambrell to Avery Craftsman, Inc. by a deed recorded in Volume 185 at Page 630 of the Deed Records of Ken County, Texas for the southeast corner of the herein described tract and said 0.91 acre tract; which point bears, approximately, 1689 ft. S.75°W. and 292.45 ft. 5.17°58'E. from the southeast corner of Survey No. 1350; THENCE, with the said northeast right-of--way line of FM Highway No. 783 and southwest line of 0.91 acre tract N.59°23'W., 58.41 ft. to a 'h" iron stake set for the southwest corner of the herein described tract; THENCE, upon, over and across said 0.91 acre tract: N.10°48'W., 63.49 ft. to a set ''/z" iron stake; and N.02°25'E., 8820 ft. to a %z" iron stake set in the common line between said 0.91 and 7.68 acre tracts for the noril- corner of the herein described tract; THENCE, with the said common line between 0.91 and 7.68 acre tracts 5.17°58'E., 189.48 ft- to the PLACE OF BEGINMNG. I hereby certify that these field notes and accompanying plat are accurate descriptions of the property contained therein as determined by a survey made on the ground under my direction and supervision, except no survey was made to reestablish Patent Survey lines or corners; and that all property corners are as stated (Bearing basis =True north based on GPS observations). _ OF Dated this'31st day of December, 1997 ~~ ~~~ Lee C. Voelkel Registered Professional Land Surveyor No. 3909 County Surveyor for Kerr County ~NN~~N~N~N~NNN~~N~ LEE C. VOELKEL ~~NN~NNN~N~N~N~N~•• 9 3909 P ' ~'_ ~p;~~~ ~~~~~~G~C~ f&j ~~f'(~}`T~~~t ^ PHONE 830-257-3313 ^ 212 CLAY STREET. KERRVILLE, TEXAS 78028 FIELD NOTES DESCRIPTION FOR 0.10 ACRE OF LAND OUT ... OF THE JAMES AVERY CRAFTSMAN, 1NC. LAND AT THE INTERSECTION OF FM HIGHWAY NO. 783 AND AVERY ROAD IN KERR COUNTY, TEXAS Being all of a certain tract or parcel of land containing 0.10 acre, more or less, out of G. P. Phillips Survey No. 628, Abstract No. 610 in Ken County, Texas; part of a certain 0.91 acre tract conveyed from Ganelle Drennan Anderson to James Avery Craftsman, Inc. by a Warranty Deed executed the 8th day of September, 1995 and recorded in Volume 815 at Page 455 of the Real Property Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at a ``/z" iron stake set in the northeast right~f--way line of F. M. Highway No. 783 and in the west line of a certain 7.68 acre tract conveyed from Gambrell to Avery Craftsman, Inc. by a deed recorded in Volume 185 at Page 630 of the Deed Records of Ken County, Texas for the southeast corner of the herein described Vact and said 0.91 acre tract; which point bears, approximately, 1689 ft. S.75°W, and 292.45 fl. 5.17°58'E. from the southeast corner of Survey No. 1350; THENCE, with the said northeast right-of--way line of FM Highway No. 783 and southwest line of 0.91 acre tract N.59°23'W., 58.41 ft. to a %z" iron stake set for the southwest corner of the herein described tract; THENCE, upon, over and across said 0.91 acre tract: N.10°48'W., 63.49 ft. to a set'/z" iron stake; and N.02°25'E., 88.20 ft. to a ''/z" iron stake set in the common line between said 0.91 and 7.68 acre tracts for the north corner of the herein described tract; THENCE, with the said common line between 0.91 and 7.68 acre tracts 5.17°58'E., 189.48 R. to the PLACE OF BEGINNING. I hereby certify that these field notes and accompanying plat are accurate descriptions of the property contained therein as determined by a survey made on the ground under my ~' direction and supervision, except no survey was made to reestablish Patent Survey lines or corners; and that all property wrners are as stated (Bearing basis =True north based on GPS observations). 7 1 OF ...... F~ o~ S r 99 Dated this 31st day of December, , V I hereby certify that this plat and accompanying field notes description are accurate representatior~v of the property shown and described hereon as determined by a survey made on the ground under my direction and supervision, except no survey was made to O ~ reestablish Patent Survey lines or comers; that all property comers ~ ••••• are as shown (Bearing basis =True north based on GPS ,tQ'~• p ~ S T F • ;~~- observations). ~ ~ Q ~ H~ ;y O~ • •A••N •••N••••••• DatedUus3lstdayofDecember, 1998 LEE C. VOELICE ,ff', ...~ .......................i.. Ixe C. Vcelkel ~•~•'•••••••••~y .! Registered Professional Lind Surveyor No. 3909 ~1 `S ~ xy. ~•~ ~' County Surveyor for Kerr County, Texas va~.~ •~~~~G~~~ C~'~lllr'll?I`.~: iIGX~- ~~~ ;1J19G'~%L~'`'~Gx~~ ^ PHONE 830-257-3313 ^ 212 CLAY STFEEI, KEHR'JILI 6, TEkAS 78028 SURVEY PLAT FOR 0.10 ACRE OF LAND, MORE OR LESS, OUT OF G. P. PHILLIPS SURVEY NO. 628, ABSTRACT NO. 610 IN KERR COUNTY, TEXAS; PART OF A CERTAIN 0.91 ACRE TRACT CONVEYED FROM GANELLE DRENNAN ANDERSON TO JAMES AVERY CRAFTSMAN, INC. BY A WARRANTY DEED EXECUTED THE 8TH DAY OF SEPTEMBER, 1995 AND RECORDED IN VOLUME 815 AT PAGE 455 OF THE REAL PROPERTY RECORDS OF KERR COUNTY, TEXAS SURVEYNp. ]350 SUR VEl' 1~'O. 628 ~~~~ ~o ~~ i SCALE: 1" = 50' LEGEND Q set'/:" iron stake ~ fCI1CCpO5t --'-Y~- boar(i fCI1CC ~~~j, \ `f~r `~~ ~O IIAIZ7'S[IORN COUN7'Ry SITES Vol. 1 Pg. 68 (Plat Rccordc) u.vl AC'Itl? Mctcl xnl lu Awry Crallsmm~, Inc. Vol. 8l5 Pg. 455 (ltcal Property Rccorcts) U9/U8/95 ~~ ..~~ ~~ ~~ ~~ ~ Q' fY fY ~ O z ~ z ~ o G' a~ W N a r ~~o S~R~~'. NU'I'E: U.91 Here tract subject to nu casement anct ~~ right-of-way fitt public road punloscs along its southeast boundary Rcf: Vol. 88 Pg. 28 (Decd Rccorcts) BEGINNING POINT bears approximately 1689 ft. S.75°W. and 292.45 R S.17°S8'E. from the southeast comer of Survey No. 1350 I hereby certify that this plat and accompanying field notes description are accurate representations of the property shown and described her>ron as determined by a survey made on the ground under my direction and supervision, except no survey was made to reestablish P t t S li 't~ Of a en urvey nes or oorrlcrs; that all property comers h B i • • t S T F p. ~ are as s own ( ear ng basis =True north based on CPS observations). ,~ ~0 9 ~ ••'?• ~ r'~' a^ U Dated this 31st day ofDecember, 1998 , • •^w • • ~.. • w.. •.. • • •...• • • • •. ...LEE C: VOELKEL ' ~ A • •••N•. <' ~: 9 3909 " Q V~l/ V ~ ~ L« C. Vcetkel 20 :'~ s s ~ y •S U R`~~ Registered professional Land Surveyor No. 39U9 County Surveyor for Kerr County, Texas S ~o M W rr a v` on U a oho ~ Q '" r o 0 . > C7 ~O~d~~ Ids ~i~ln.~ln'~s. ?vs S~(lJ(~J` [~~(~Csj ^ PHONE 830-257-3313 ^ 212 CLAY STREET. KERRVILLE, TEXAS 78028 SURVEY PLAT FOR 0.40 ACRE OF LAND, MORE OR LESS, OUT OF G. P. PHILLIPS SURVEY NO. 628, ABSTRACT NO. 610 IN KERR COUNTY, TEXAS; PART OF A CERTAIN 0.91 ACRE TRACT CONVEYED FROM GANELLE DRENNAN ANDERSON TO JAMES AVERY CRAFTSMAN, INC. BY A W~~IZRANTY DEED EXECUTED THE 8TH DAY OF SEPTEMBER, ]995 AND RECORDED IN VOLUME 815 AT PAGE 455 OF THE REAL PROPERTY RECORDS OF KERB COUNTY, TEXAS SUR `~Y ~'O S~ I~ !'~Ja r~. 06 ?8 ~G x ~~ } ~ ~~ J~~ !%TS'I! ~ /~ k~ 6'. 68 Grp (~j~~T,~ Re~oYS~T \ r~J CS 0.91 ACRE® 1 S Anderson to Avery Crallsma~r, Inc. Vol. 8l5 Pg. 455 (Rca1 Property Records) ~~// c 09/08/95 ~ obc 1 °-~• ~ . ~' 0 ~; J centerline of PT 10 d realig~vnent 19.017 - ~22e ~-~ ~ 3S8s'~. ® l 0.40 ACRE ~Q~ Q ~ ~ - ~ I ~~' Y N ® ® t i / ' ~ ~ o ~ \ ; / roM ~j ~ /~ F ~o ~ 4~ C~ ` l / , / ~ ` b G G ~ ~ ~ `~ - 9 f ~ ~ b ,~ h , G i ..• ~ . o ~ ~ ~ ~~ 9 - / - / J .]° ~ t` ,Z / ,~F ~ O ' 1 ~ ~ ~ Q set'/:" iron stake ~ fcnccpost l% Vice -jf-- wire fence --rS~- board fence I hereby certify lJiat this plat and accompanying field ::etcs description arc accurate representations of Uie ~F property shorr~r and described hereon as dctemrincd by a ~(~G~......~ F sun~ey made on the ground under my supervision, except P~.•• t S T E 9~ ~ ~ no survey ryas made to reestablish Parent Survey lines or w ~ Q ~ comers; that all property comers arc as shorv,i (Bearing basis = Tn~e north based on GPS obscrvatioas)' LEE C. VOELKEL Dated this 25th?day~ofJune, 1997 ' ` ` ~ 3~9 ~r'J Q ~ Lcc C. Voclkcl Registered Professional Land Surveyor No. 3909 County Surveyor for Kerr County, Texas NOTE: 0.91 acre tract sub}ect to an easement and riglrt-of--way for public road purposes along its southeast boundary ltcf Vul. 88 Pg. 28 (Uced Records) `onl`r ~ S pp~ ~s IG~~V,~p So! ~~ ofs,4~ y o~'!ro`,, enn` f.~--_ . ~.. _, ~ ~1Q ~~~ ~ _~ SCALE: 1" = 50' LEGEND SURVEY PLAT FOR 0.40 ACRE OF LAND, MORE OR LESS, OUT OF G. P. PHILLIPS SURVEY NO. 628, ABSTRACT NO. 610 IN KERR COUNTY, TEXAS; PART OF A CERTAIN 0.91 ACRE TRACT CONVEYED FROM GANELLE DRENNAN ANDERSON TO JAMES AVERY CRAFTSMAN, INC. BY A WARRANTY DEED EXECUTED THE 8TH DAY OF SEPTEMBER, 1995 AND RECORDED IN VOLUME 815 AT PAGE 455 OF THE REAL PROPERTY RECORDS OF KERR COUNTY, TEXAS s~ ~Y~ 0 s~~ ~'~so X1',1, N01'G: 0.91 acre tract subject to an easement and ~ 5 rigl~l-of--way for public road purposes along ?8 ~ its southeast boundary ~6 If~ Rcf: Vol. 88 Pg. 28 (Deed Records) fro; `fl/Q~ !fig 6 C'O 8(Aj~~Tjrr `~ ® ~~°`~7~lTrS ~° 0 Pf °~s4~ ~S~,f; ~ Gc. ~-. ~ ~: a~ Py~ • r°° -0~n~ 0.91 ACRG® _ __ ~jJ~ Ve °'{~ l 1 ~ Anderson to Avery Craftsma~r, ]nc. - ~ ~' - "' -~.,`4Ue~~"~• Vol. 815 Pg. 455 {Real Property Recor~c) ~~/ /` `9 0 09/08/95 ~ o be ~ .~ ~D ~C 1 .~ +• 4 n ~ 2 e v ~~ S -~ ~ /- ~ 0 ..,~~ ~. ~ 0,40 ACRE gin' ~~ centerline of ro ~ realigrunent ~ ~ ,a ~~' PT 10+0 9.017 /~} ~ (~, W"r/ r~. t ® J / ~ ~, / fi` 7 C^ r~ ~ ' j~' w~ ~Fo SCALE: 1" = 50' ~ N /~~ /n~ ~~ ~`Q~ LEGEND ~' o~/ bq' ~~~ n' Q' ~ 9 I /~ o ~. © set'/,"rronstake ~ ~ ~ ,o w~ Z s • fe„ccp°st U~' ~ O tree oho , -~f-- wire fence w ~ --~5~- board fence /~ I hereby certify that this plat and accompanying field ~ holes description arc accurate representations of Ate ,/ properly shorn and described hereon as dclcrmincd by a survey made on Ate ground under my supervision, except no survey was made to reestablish I'atcnt Survey lines or corners; that all property corners are as shown (I3earing r basis = True nortJi bated on GPS observations). ' ~ Dated this 2Sth day of June, 1997 ~~' ~~~% r ~~~ `f~.~~~ Lce ~. ~oclkc~l ' Registered Professional Land Sun•eyor No. 3909 County Surveyor for Kerr County, Texas ~~ N0, 25206 change °f d Approval of right"°f way ° a A~~ ~ ~ gaper Roa February ~~ 1998 Vol v Page 563