ORDER ND. `59E1
EXCHANGE GF GLD RDAD RIGHT-GF-WA`:
THP.DtJGH SMITH RANCH F~RCF~ERT'':.
FDR ADDITIDNAL RICzHT-OF-WAY GN HIGPEE ROAD
On this the 1+~th day of J+_tly 1995, +_tpon motion made by
Commissioner Griffin, seconded by Commissioner Haldwin, the
Ca+_tr~t +ananimo+_-sly approved by a vote of 4-~-~, the exchange of
old road right-of-way thro+_tgh Smith Ranch pr~nperty for
additional right-of-way on Higbee Road. F+_trthermore, the
Road and Fridge Depar^tment was a+_tthori~ed to have the
ner=essay~y dac+_tments prepared and signed by the Co+_tnty J+_tdge
and to s+.~rvey the right-of-way along Higbee Road.
COMMISSIONERS' COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINAL AND COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT
MADE BY: Franklin Johnson. P.E.
Larry Griffin
MEETING DATE: ,lulu 12, 1999
OFFICE: Ken- County Road & Bridge
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): Consider exchange of old road right of way through Smith
Ranch property for additional right of way on Hictbee
Road.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston. P.E./David Jackson
ESTIMATED LENGTH OF PRESENTATION: 10 minutes
PERSONNEL MATTER -NAME OF EMPLOYEE:
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 scheduled for Mondays:
5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: Cad
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's fornal 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 Rules Adopted by Commissioners' Court.
Kerr County Road & Bridge
,~ 4010 San Antonio Hwy
' _ Kerrville, Teaas 78028
Phone: 830-257-2993 FAX 830-896-8481
MEMO
TO: Commissioners Court
FROM: Franklin Johnston, P.E.
Date: July 6, 1999
RE: Road Right of Way through 26.29 acres off Hwy 27 at Higbee for Kenneth Cailloux
Enclosed are documents showing an old ROW that was deeded to the County in 1910
through the property being purchased.
The County was asked to Deed and release the old ROW to the purchaser. We suggested
an exchange of the old property for more ROW along Higbee Road (shown on the plat as
"lane"). This is a County maintained road in Precinct 4.
Enclosed is a letter from David Jackson agreeing to the terms if the Commissioners'
Court approves.
Should the Court approve this arrangement, Road & Bridge will need to have a survey
done to determine how much property is needed to give us a 60' ROW. We will pay for
the survey and would like the Court's approval to have the County attorney prepare the
necessary documents for the exchange of ROW.
~.~ ~~j
~~ `i ~.
~` ~ „ ~
Kerr County Road & Bridge
401D_ San .Antonio.Hwy
Kerrville, Texas 78028
Franklin Johnston, P.E.
County Engineer
June -23; 1999
David Jackson
Attorney at Law
820 Main
Kerrville, Texas 7$028
Leonard Odom, Jr.
Road Administrator
RE: Road_Right-of: Way through 26.29- acres.off Hwy.27. at Higbee for. Kettneth Cailloux
Dear Mr. Jackson,
We were contacted by Diane Green of K,eix County Abstract & Title concerning an. old
road easement through 26.29 acres of property fronting State Hwy 27 and Higbee Road
in. West Kerr-County.
We received the attached plat, copies of the old deeds,. and an-old aerial. photo with a
sketch showing where the easement crosses the property. Kerr County has been asked to
consider deeding the.easement to the property owner..
Larry Griffin, Commissioner of Precinct 4, and I will ask the Commissioners' Court to
consider deeding the old .right-of--way back to the.landowner in exchange for additional
right-of--way for Higbee Road.
We would like to-have a-CO' right-of way- along Higbee If the landowner agrees to. give
us the necessary right-of--way for Higbee, we will place this matter on the July 12, 1999
Commissioners'- Court Agenda_
If you have any questions, or need more information, please call.
Sincerely,
County
CC: Larry Griffin, Commissioner Pct. 4
Diane Green, Kerr County Abstract
Telephone: 830-257-2993 E-mail: kcroads~cDktc.com
FAX. 830-896-8481
found conc. ROW ~
~ P.T. 1571+09.2
~ •.~~ i
LEGEND: 03 + 11' ~`c W No• 27 G I
°~'S -set iron stake ~ ~ ~'` ,~~ State d-{ '~ Fq I aa~C ~
.P -found iron pipe "~ ~
~ '" 201.1
- property Iine ~ 'E ~W 473.6 ~P ~
PL ~ S52°OS
FC -fence comer a NS2 OS
FL -fence Iine (wire) FC (from old decd 476.9) ~ s ~, ~ I ~
I ~ a` +n
CL -chap link 0 200 ~,~ ~ N ' ~
(??)-deed information terra luc Scale c~' ~ ~ a 6 d f z
?/7 - Voitxne/page P °` 4i ~ ~ ~ I z Z ~
Scale 1" = 200 Feet ~,~' ~°~ ~ ~ ~ , ~ a ~
~`°` ~ .` ~ ~ a '~ i
Surveyed oa the ground by, Charles B. Dominguea, ^~ ,~4` - ~ ~ ~ a ~ ~ ~.
°'~ `~ I
Registered rofeasional Land Surveyor No. 1713. ,tib ~' ~ .~ ~ u7 I .~ ~ ~ ~
arlea B. minguea ~ $ ~ 3 ( ~ V
Registered Professional Land Surveyor No. 1713 26.2y acres •~ ~ ~ °- ~ I ~
Only those pints containing the raised seal should be ~ e" ~ ~ ,-:,
considered of6eial and rolled upon by the user. ~ ~ ~ ~ s S
. ,~ ~ ~ J J I
Bearings based on Deed Record part of 52.79 acre _ o .~
in Volume 1015, Page 340 Almira A. Faire dt Kathryn R. Fairca ~ ~' ° ~ ~ ~ c
to Doyle W. Smith & Lola Dean Smith •~ ~ s ~ ~ I z
8th February, 1973 - 1611547 DR ~ ~ ~ a~i
N
12.25 SCfei ~ .-. ~ ~ C ~ ~ '~
Doyle d~ Lola Dean Smith tis ey I a v ~
Save and Ezccpt from this tract, that tract which was conv cd from '
to Noeman Bondcsat w
^ 167/466 DR (this tract) ary Nancy Smith, surviving wife of P. C. SmiW, to Kerr County, by deed a LL
dated the 19th day of April, 1910, of record in Volume 30, at page 344,, I ~ i O
of the Dced Records of Kerr County, Texas, and that tract which was ,
^~ conveyed from M. E. Lindley, to Kerr County, by deed dated the 10th day
,'e of May, 1910, of record in Volume 30, at page 344, of the Deed Records ~ ~ ~
Original Survey No. 414 of Kerr County, Texas. The location of these tracts is across said 52.79 s
Haug Fisher ~. acre tract which was eonveycd to Doyle W. Smith and Lola Dean Smith, I
Abstract No. 213 by decd of record in Volume 161, at page 547, of the Deed Records of ~
Kar County, Texas, it is cast of Johnson Crcelc, north of the southeast s I
4i line of said 52.79 acre tract, and is across part of said Bondeson tract and ~j I point 09 ~
O^~~ Kunsch tract, but due to the discr+epancica, and lack on concrete ties, in •F` , ~ ~n~ I
+~ the description of the Ken County tracts, their location could not be Fp
v established on the ground. Yd 589.9 i 75.3 I~
,~ao ~1'1'~ Ns1on bne N58° 50~ N45° t t'E_ L
~ 5 ~ ~ LO
~C ~ ti a~
~.
'~ d` F 12 IS h asphalt, kacated 2.5 feet S45°11'W from another
o~ Iron slake found t0 mark file most easterly north comer of
0 original Sutvy No. 1415, and the west comer of original
~y~~~~e p~~o~~ate .cy nowe40N(orlginallyr 0 maed X, balers S16°30'Er88.1 feet
a ~o c~ee watej. ~ ^ -
~°i0~o kN eQ, a ~~ ~, In The
~''~ate ~~ ~y. ~S ~,~ ~ ~,k State of Texas
lob No. 4708 ~at~e ~SSS~ S 1 ~2 ~ County of Kerr
~ ,~~ y~ ~ ~ss~, o~ June 4 1999
~ 3c~f 8~ 3r., ftcrt~tllc, 2czar 78oz8 °~i ~~~ •
2e1. 830/ 896 6900 - ~ 830/ 896 690 ~ ~'~eth ranch
~~ ~ k e, ` ~~ . .
`~~ ; .~,'
{ ~. ~ .
,~
@ '
~,; .
. et_'
~ r Mme.., y., 4 ~~:' ~ fy~'i~ ;~,
'+~~` ~ ~~ '... -~~ Kid ~ fa ~ + t '.,,~~
,~.,J;'. _ ,a~~+. ~,_!_~ti •• ~ "r (mil r ,
• ,~~i~y~ w R mil' _ ~• few/ ~ ",j f• ^ ' ~ i ( ~,.
~ I~ •:
\ - r `~ `
:.r ^ r
%.r'L`:
c
,~
+~ .
. y - - -~
• ,
•, r
~ ~~
'., i ~~,
., t ,
~, t ~,
• .i ~ t
•~ + ~`_
' .,TTY`' •~~a
~.
~ titi~~
~ ~ ~7
a ~
L • - ~11. ~r ~ -
`- •..
s ~ ~.
_ t /i r _
~~, 1 Y'~4
f~
."~~
. hti .r.
i:~ - t.
:•
•~
~ '
•
••
,y ~
~~
` ,
t~ ~ ~ •` T .~
~ ~Y ~ . ~:.. '. ~tiy
~ ~ ~ 1 ?.
+~' •1
i';~ ~:.
r+R ^ -
.:~~. ~ F,
• .tom ~ ~~ i~ ~~
~°
• ~~,"~
Y•~
()I
,; _ ,o+";
..:
~ _~ ~.- .
06/29/99 08:3b FA% 1 820 257 H119 R'ALLArg,JACKSON,MACHANN
~ 002
.-- WALLACE	, JACIfSON, MACHANN, WILI.IAMS & DOUCLASS
	A PROFES,tiInNAL CORPORAT[ON
	A'I'IbRNEYS AT LAW
ti. Prexwn l~uglass, Jr.
Drtvid L.Iacksoa'	TELEPHONE 850/8J6-081 l

E Dwaine MxFunn	TELEFAX 830/a ,T-P, 11y 'Board Ccrlifird
F.rm R^nch, Commercial
Edgar ~ Wallace
N. Keid~ Williams"'	840 MAIN ST., Suitt lUG 'end Rcridencial Heal $:W e~
"
	Doard Centtled
KERRvii
.LE, TEXAS 78oa8-f,300
Peraoual !^jcry Trio! Law
June 26, 1999
Mr. Franklin Johnston, 1'.E. VIA FAX gg6-g481
County Engineer
Ken County Road & Bridge
4010 San Antonio Hwy.
Kerrville, Texas 78028
Re: Road Right-of--way through 26.29 acres off Hwy. 27 at Higbee for Kctoua.cth
Cailloux
Dear Mr. Johnston:
We are in receipt of your letter of June 23, 1999. Our client, Kenneth CaiIloux 1976
Trust is proceeding to acquire the 26.29 acre tract referenced in your Ietter. Accordingly on
behalf of our client we want to confirm the agreement under the tclms of which the
Commissioner's Court would proceed to Deed and release the old right-of--way in exchange for
the additional right-of--way. I will wait to hear from you as to how we proceed and who will
prepare the necessary documents, assuming of course the Commissioner's Court approves this
arrartgemcnt. Also I assume that I should attend the hearing on July 12 so Ict me know when it is
scheduled so I will be in attendance to conform the understanding.
Very truly yours,
ks
REU-E7TER Tb FRANK t,IN ~pi{~7S70N
WALLACE, JACKSON, MACHANN,
Wu-L S & DOUGLASS
BY:
Davt .