ORDER NO. 26863

APPROVE ABANDONING RIGHT OF WAY
VOLUME 79 PAGE 200 LAND RECORDS
PATRICK FLEMING SURVEY #666

On this the 12th day of February 2001, upon motion made by
Commissioner Letz, seconded by Commissioner Griffin, the Court
unanimously approved by a vote of 4-0-0, to accept abandoning
the right of way referenced as a 13.8 acre and 1.4 acre tract of
land described in Volume 715 pag 790-793, Real Property Records of Kerr
County, texas and a 0.792 acre tract recorded in Vol 908 pag 138-140 Real
Property Records of Kerr County, TexasCOMMISSIONERS' COURT AGENDA REQUEST
MADE BY: Franklin Johnston. P.E. OFFICE: Road & Bridue
MEETING DATE: F~ir~ua y 12.2001 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider abandoning right-of-way as deeded and de~ribed in
Vohune 79 Pace 200 of Land Records.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston//Chris Wallendorf
ESTIMATED LENGTH OF PRESENTATION
10 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with
Title 5, Chapter S51 and 552, government Code, is a follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
All Agenda Requests will be screened by the County Judge's 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 Rule Adopted by Commissioners' Court.
,m. -,~-n.r~~
STATE OF TEXAS I
_t~_~-G-G-~-v-~-~-~_~,_~-~-~~- V~`1~i P ~~~~~
Rn::F}T of tve.Y Dl;-.D
COUPITY OF KERR [ KNOW ALL MEN DY THESE PRESENTS: That we, Huby Courtnag Spiller SS.eker and ~'
husband, E. G, Sieker, of the County of Kerr ^nd State of Texas, for end in consideration of
the sum of One Dollar (~1 .00) and other val ua Ule considerations to us in hand paid by Kerr
County ,Texas, the receipt and sufficiency of which is hereby ackn owledged and confessed; havB
GRANTED, SOLD and CONVEYED, ahd by Lhe se presents, do GRAIIT, SELL and CONVEY unto Ken~~County,
Texas, for and on behalf of the public, for road and right of way purposes the follrnving des-~
cribed tracts and parcels of land situated in the County of Kerr and State of Texas, to witi:
Being a strip of land 204.5 varas in length and 30 feet in width out of and a part of Survey
No. 666,Patriek Fleming, located about two miles North of Kerrville, Texas: ,DEG INNING et
a point located S. 1645 varas and E. 504 varas from the east corner of Survey No. 120, W.
Fosgate, in Kerr County ,Texas; THENCE with the center lino of the present roadway N. 48°
31' E. 74 varas and N. 68° 5' E. 130.5 varas and being a strip 15 feet wide on each side of~
said center line of road; TO HAVE AIQD TO HOLD unto the said Kerr County ,Te xas, the said
land above described for road and right of way purposes, provided, however, that should
said land ab ova described Ue abandoned for use as o public road end cease to be used for
such purpose, then in such event, said land shall absolutely revert unto the gra nta rs,
their heirs and assigns. 'rVITC]ESS OIiR HANDS this 15th day of PAay, A. D, 1946.
Ruby Courtney Spiller Sieker
E. G. Siel~r
STATE OF TEXAS
COUNTY OF KERR 1, BEFORE ME, the undersigned authority, on this day personally appeared E.
G, Sieker and Ruby Courtney Spill er Sieker, his wife, both lmown to me to be the persons
whose names ere subscribed to the foregoing instrument, end acknavledged to me that they
each executed the same for the purposes and consideration therein expressed, aryl the said
Ruby Courtney Spiller Sieker, wife of the said E. G. Sieker, hevinp, been examined by me
privily and apart from her husband, end having the same fully explained to her, she, the
said Ruby Courtney Spiller Si'sker, acknowledged such instrument to be her set and deed, and
ahe declared that ahe had willingly signed the same for the purposes and consideration these
in expressed, affi that she did not wish to retract it. GIVEN UNDPR MY HAND AND SEAL OF
OFFICE this 15th day of May, A. D. 1946.
Dorothy Eloise Dozier
(SEpy) Notary Public, Karr County ,Texa s.
Filed for record May 16,1946 at 3:00 o'clock Y.M.
Recorded May 1¢',1946 at 9:45 o'clock A.M. '
-0-0-0-0-0-0-0-0-0-0-0-0-0-
WARRANTY DLTD
TfR: STATE OF TEXAS ~
COUNTY OF K E R R ~ KNOW ALL METI BY TiIFSE PRESENTS: That 'rYe, ~. F. Gilleland and wife,
ide ry E. Glll eland of the County of Kerr, Ste to of Texas for and in consideration of the sum
of Ten and No/100 ($10.00) DOLLARS and other valuable and adem+ate censtAarars., ^_._ *^ ~~^ ~^
r~'_~'--_u ~LL=v~DF'~ S?t:53('93S26o8 FE9 'i'i'~C?1
CHRIS W ALLENllC-RF
AtJurnry ut law
72Y F~OnI 8thit, Suite lot
Sdtwath®Im Ptotess,onal Buliding
P, 0.8oz 278
Comtait Texae 78Ut 3
Tdphono (a3Gy 885~257ri
FacelmAe~ (a3G}895-29P6
ch:iswtOhctc.nat
February ?, 2Gt11
Mr. Franklin Johnston
Kerr County Road and Bridge
11 ~?4 NO.OG2^~F'~.Oi
Vta Fucslrnilr (830) B96-FS81
RE; Request for Release a1'Easemen, from Kerr County across property
owned by Joe Drymala
Dear Mr. Johnston:
Cot;fitming my previous conversativns with you, Joe Urymala has entered
into an Earnest Martey Contract fvr th:. sale of a 13.80 acre tract of !and in
Kerr County, Texas, with Fulcrum Aroperty Group, lnc. 1 have provided
you with a copy of the Plat of the i3.R0 acre tract along with a copy of the
title policy cammi,ment which excepts to a ce; ~,ain right of way did to Kerr
County, Texas, recorded in Volume 79, Nage X00 of the Gfficial Records of
Real Property of Kerr Count, Texas. 'fbe right of way deed describes a
thing (30') foot wide strip of !ana for road and fight of w•ay purposes which
crosses .lrIr. 17ryrnala's property, It is my understanding that this road pro-
ceeded across the present IH10 right of way.
The right of way deed °eferenced above provides that in the event the thirty
1"s 0'} fvnt wide road would be atx~rdoned fvr use as a public coed, then the
rights evnveyed by the deed would revert to the Grantors, Ruby Sieker and
E.G. Sieker.
r1s we discussed, my client is asking that Kerr County enter an order abGr.•.
Boning the thirtv (30'1 foot wide road since it is no longer being used as a
public road and cannot be located on the ground.
~NF:. ~ul'..L=taI.~UFF _..~_'--i~~8Ei5~G.c765 _ ~..._ FE.: 0~'Ut .1 ~35 td~,COi '.0.:
Fenruary ~, znQt
Mr. F^ankiin Jo]nuton

If you need additional copies o£ ine Plst of tie ptrptrty or any other infor-
mation to present to the Commissioners and ?he Ca!at+.ty Judge, please give
me a call. Think yau.
Sincerely
CHR15 WALLEN
CKWlsad
cc; Mr. Joe Dryrnala
COMMISSIONERS' COURT AGENDA REQUEST
MADE BY: Franklin Johnston. P.E. OFFICE: Road & Bridge
MEETING DATE: February 12.2001 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Public Hearing for Revision of Tract 64 & 66 of In¢tatn Hills
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston/Charles Dives
ESTIMATED LENGTH OF PRESENTATION: 5 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with
Titte 5, Chapter 551 and 552, government Code, is a follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information bas
been prepared for the Court's formal consideration and action at time of Court Mcetings. Your cooperation
will be appreciated and contribute towards your request being addressed at the earliest opportunity. See
Agenda Request Rule Adopted by Commissioners' Court.
TMTMTM
AFFIDAVIT OF PUBLICATION
The State of Texas:
The County of Kerr:
I Greg_Shrader publisher of the Kerrville Times, a
newspaper published in the County of Kerr, State of Texas, do swear that
the foregoing and attached citation was Published in Kerrville, Kerr
County, Texas, a newspaper of general circulation published regularly in
said Kerr County, Texas for more than one year before this date on the
following dates wit:
2001
2001
2001
2001
A printed copy of said writ as it was published is attached hereto as
apart hereof.
~~~
u she f
THE KERRVILLE TIMES,
Kerr County, Kerrville, TX
Sworn to and subscribed before me by the said
Publi her of The Kerrville Times, on this the
200_, to certify which witness my hand
that a Public
g will be held
!ebruary 12,
at 10:00 a.m.
In
Is Davis for the
Ion of 8 Minor
d of Tracts 64
36 `.Ingram -Hills
ivislon as
-799 of ,the Kerr
PRINTER'S FEE

February 9, 2001
Chris Wallendorf'
Attorney at Law
722 Frorit Street, Suite 101
Sehwetbelm Professional Building
P:O: Box 279
Comfort, Texas 78013 faz and mail
Subject: Right-of--way Deed recorded in Volume 79, Page 200, Kenr County Deed
Rewrds.
In December 2000 this firm surveyed 13.80 acre and 1.4 acre tracts of ]~md recorded in
Volume 715, Pages 790-793 Real Property Records, and a 0.791? acre tract recorded in
Volume 90R, Pagesl3R-14Q, Real Property Records of Kerr County. This property is
located at the intersection of Interstate Highway 10 and Loop 534 at Kerrville, Ken
County, Texas. Based on the survey tnade by this firm and on my personal observations
made during a visit to the site in December, l see no evidence that the road referred to in
the above referenced deed, either in use or as an abandoned road bed, is on or across the
proP~Y-
Sincerely,
~. e.,:l.~._
Thomas C. Haberer
Registered Professional Land Surveyor #4350
Job No: 1542.00
Doc. Id.:Survey0010-10600\1542-OOget.doc
PAPE•DIWiON EN(i/NEItgS, INC.
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Say ENaf Ramsey ~ San P~ntohlp, Tcxaa 7A.'18 ~ Pha:e: 2f0.37S.90~X7 I Fax: ~f0.?7S 9070 ~ intoff8papa-dawson.Cnm
Z/Z'd NOSMtiQ-3dHd Wti0Z:80 T0, 0S Had
SURVEYOR'S REPORT
I do hereby certify that I am duly licensed to make surveys of real property in the State of
Texas, and that I personally inspected and made an accurate survey on the premises as
described on the attached Schedule A.
I have provided a full and complete written legal description of the Property.
(Check one): ^ on Schedule A attached hereto
x^ on the face of the survey
I made a careful inspection of said premises and of the buildings and improvements
located thereon at the time of making such survey. I further certify as to the existence or
non-existence of the following at the time of my last inspection, which items are shown
and labeled on the attached survey:
1. Easements, rights-of--way, railroad tracks, old highways or abandoned roads, lanes
or driveways, walks, paths or trails within or adjacent to the boundaries of said
premises (if any such exist, indicate for each item whether it serves adjoining or
other properties, and/or involves the rights of parties other than the owner or
occupant of the surveyed premises):
The surveyor has found no recorded evidence that the drives crossing this
proroerty are anvthina but private drives.
Drains, underground drain file and drainage ditches, sewer, water, gas or oil pipe
lines, or other underground installations within the boundaries of said premises
(for each item, indicate whether it services said premises, or serves adjoining or
other properties, and whether drainage affects any adjoining properties):
There is a drainage way and drain easements on and across the 1.408 acre tract.
Telephone, telegraph or electric power poles, wires or lines overhanging or
crossing over said premises, or conduits crossing over or under said premises (for
each item, indicate whether it services said premises, or serves adjoining or other
properties):
Utility lines on the property serve other properties as shown on the survey.
Several easements for these are blanket easements.
4. Springs, streams, rivers, ponds, lakes or any bodies of water located, bordering on
or running through said premises (indicate whether natural or man-made):
The drainage way referenced in item #2 crosses the 1.408 acre tract as shown on
the survey.
Lowe's Development Criteria
Page 2 of 4
(a) Is there any indication of changes in the course, boundary or water lines of
any of the above?
5. Cemeteries or family burying grounds located on said premises?
None noted.
6. Joint driveways or walkways; party walls or rights of support, "Beam Rights";
porches, steps or roofs used in common, or joint garages:
None
Encroachments, overhanging projections or underground projections (if the
buildings, projections or cornices thereof, or signs affixed thereto, fences or other
indications of occupancy encroach upon or overhang adjoining properties, or the
like encroach upon or overhang surveyed premises, specify all such and denote
them on the survey, showing exact dimensions ...indicate in the same manner
any and all encroachments onto any portions of the surveyed premises subject to
any easements):
Fence intrusion on west property line and along south line as shown on survey.
(a) Where buildings aze substantially on property lines, indicate if walls aze
plumb, and if foundations and footings are within lines:
(b) Set-back lines or buildings restriction lines:
None of record.
8. Physical evidence of boundary lines on all sides and of comer markings (be
specific as to fences, plantings, trees, iron or stone mazkers, etc.):
(a) Indicate whether any physical evidence differs from deed or other record
descriptions:
As shown on the survey.
(b) Are there any disputed boundaries or evidence of disagreement as to
boundaries?
Not to the surveyors knowledge.
Lowe's Development Criteria
Page 3 of 4
9. Is the property improved?
(a)
(b)
Yes
Type of construction material: Brick, stucco
Number of stories:
(c) Indications of building construction, new improvements, alterations or
repairs within the past year:
None
(d)
If new improvements under construction, how far have they progressed
(percentage of completion)? N.A.
(e) Indicate the type and number of buildings existing in the neighborhood:
There aze residential and commercial uses in this area.
10. Are the abutting streets or roads maintained by public authorities?
Yes
(a) Changes in streets lines either completed or officially proposed:
No
(b) Are there indications of recent street or sidewalk construction or repairs?
(c) Indicate the ownership and maintenance of sidewalks, curbs and
driveways which serve the surveyed premises:
Driveways are private, Interstate Highway 10 & Loop 534 are maintained
the state of Texas
11. Are there any reservations for mineral rights of any nature in deeds, pazents, land
grants, etc.?
(a) Is there a history of mining in the area of the municipality where the property
is location?
No
(b) How faz from the surveyed premises?
(c) How long ago?
(d) Is any mining or exploration contemplated in the area in the future?
Not to the surveyors knowledge
Lowe's Development Criteria
Page 4 of 4
(e) Would you recommend soil testing to determine the probability of finding
minerals or ores on the property?
Not for the purpose stated.
12. If any zoning or other municipal regulations affect the use of the surveyed
premises, do the improvements on the premises and the use made of them comply
with such?
Yes
13. Ifthe surveyed premises are subject to restrictive covenants, do the
improvements, use and occupancy comply with such? (Ask the examining
attorney or the title insurance company for a copy of the abstract of documents
relating to the premises.)
there is no direct access to Interstate I o.
14. Are the surveyed premises located within a Flood Hazazd Zone as shown on the
FEMA/FIA National Flood Insurance Program Maps? Please indicate the zone,
base flood elevation, map number, and date of elevation map on which the
premises are shown.
The azeas are as shown on the survey.
I further certify that all encroachments and easements which affect the above-described
premises or which aze encroachments by said premises upon adjoining premises, all party
walls, public utility lines and all other such items referred to above are fully shown on the
attached survey.
Dated: December 21
zooo By: ~% ~..w-.-~
P
Registered Professional Land Surveyor