ORDER NO, 2706
AP'P'ROVE REQUEST FOR
EXEMPTION FROM SUBDIVISION F'LATTIN6
On this the 11th day of June cSSI, upon motion made
by Commissioner Let z, seconded by Commissioner Williams, the
Court approved by a vote of 2-1-0, to exempt th 86.86 acre
property and the scenario present by Mr, David Jackson
and his letter dated May 25, c4~01 from platting.
WALLACE, JACKSON, MACHANN & WILLIAMS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
David L. Jackson
Farm & Ranch Commercial
And Residential Real Estate"
E. Dwaine Macharm
Ed A. Wallace
Member of the College of the
State Bar of Texas
N. Keith Williams
Personal Injury Trial Lawa
'Board Certified
Kea County
Road and Bridge Department
101 Spur
Suite 100
Kemille, Texas 78028
840 MA[N ST., Suite 100
KERRVILLE, TEXAS 78048-5300
TELEPHONE 890/896-9811
TELEFAX 890/457119
May 25, 2001
Attn: Mr. Franklin Johnston
DIRECT DIAL
David Jackson (890)4584405
Legal Assistant (890)458-4444
Administrative Asst. (890) 4584411
E-mail diackson@ktc com
Re: 86.86 acres of land in Kea County, Texas, being approximately 38.10
acres out of Survey No. 629, J.M. Eller, Abstract No. 133, 48.57 acres,
more or less, out of Survey No. 1577, G.C.&S.F. Ry. Co., Abstract No.
905, and 0.19 acre, more or less, out of Survey No. 631, P.B. Taylor,
Abstract No. 341, together with a certain 20' roadway easement (see
Exhibit "A" attached for description)
Edmund M. Longcope, III
Deaz Mr. Johnston:
In reference to the above-captioned property as shown on the attached survey map and
our representation of the above-referenced party who is under Contract to acquire the property
and to follow up my discussions with the County officials with respect to this property this letter
shall confirm our understanding of the application and interpretation of the State law and County
regulations with respect to my client's acquisition of this property and the possibility that my
client will at some time in the future upon acquisition of this property convey portions of this
property which presently have access over the existing ranch road and easement, with no
changes in the existing road and easement:
1. So long as the tracts sold and conveyed aze greater than ten (10) acres and
otherwise comply with the following criteria no platting will be required and such
transactions aze exempt from platting requirements.
2. Each of the tracts so sold and conveyed will have access to the existing ranch road
to and through the property referenced above and the access easement described
.~. Page 2
in the attached (by using such ranch road the access is afforded to the State
highway that adjoins the property).
3. No changes of the existing road will be made and the existing road will not be
moved.
4. The ranch road and easements referenced above aze private and aze in part across
other properties (such easements being documented) and in part are across the
existing property.
5. All of the tracts that might be conveyed will be in excess often (10) acres.
Please confirm our understanding by executing a copy of this letter in the space provided
below.
Very truly yours,
B
DLJ/la~
IANGCOPEV.EfrEA 70 COUNTY
cc: Commissioner Larry Griffin
Kerr County Courthouse
Commissioner Jonathan P. Letz
Kerr County Courthouse
ACCEPTED AND CONFIRMED:
COUNTY OF KERB
BY:
Franklin Johnston
County Engineer
.-
WALLACE, JACKSON, MACHANN &
Fr7c-a a-caul a a = ae u~.~ l ut l tLD DECORDOIJfa 4098338153 P • 17118
RAC`T ONE : ,
Rll that certain tract ai parcel of land lying and being
situated in the County of Kerr, State of Texas, comprising a
total of 86.86 acres of land, being approximately 38.10
acres out of Survey No. 629, J. M. Eller, Abstract No. 133,
48.57 acres, more or less, out of Survey No. 1577, G.C.6
S.F. Ry. Co., Abstract No. 905, and 0.19 acres, more or
lessr out of Survey Na. 631, P. 8. Taylor, Abstract No. 341,
and the entire subject tract being further described by
metes and bounds as follows, to-wit:
HEGINNTNG at a 1/2 inch iron stake set on the idorth banY, of
th'e North Fork Guadalupe River and from said iron stake a
3; 4 inch iron pipe taken as the N.W. corner of Survey No.
629, J. M. Eller bears S. 2° 12' E., 31.96 feet and tVest
220.50 feet;
THENCE N. 2° 12' W., 793.31 feet to a 3-way fence corner
post in the North line of Survey No. 1577, G.C. G S.F. Ry.
Co.;
THENCE with fence and North line of Survey No. 1577, EAST,
2627.22 feet to a 3-way fence corner post;
THENCE with fence S. 2° 3q' W., 814.00 feet to a 1/2 inch
iron stake;
THENCE 5. 0° 20` W., 512.39 Eeet to a 1/2 inch iron stake
from which a Cypress 5 feet in diameter marked X bears S.
45° W. 15 feet;
THENCE S. 0° 12' E., crossing North Fork Guadalupe River and
continuing with fence, 1587.27 feet to a fence corner post
in the N.E. line of F,M. Highway No. 1340;,
THENCE with the N.E, line of F.M. 1340, N. 57° 03' W.,
618.60 feet to angle post;
THENCE With the N.E. line of F.M. 1340, N. 62° W., 142,47
feet to a 1/2 inch iron stake;
THENCE N. 0° 34' W „ at 1111.14 feet pass iron stake on high
bank just west of pump house, and continuing in all 1197.90
feet to a point in the centez of North Fork Guadalupe Riper;
THENCE upstream with the approximate center of existing
river 8S follOWSi
5. 76° 46'
N. 55° 22'
N. 62° 56'
N. 78° 52'
N. 62° 04'
N. 76° 15'
N. TO° 15'
S. 89° 49'
W.,
W.,
W..
W „
W.,
w.,
W.,
W.,
194.13
307.34
155.73
553.51
157.62
113.17
41.16
428.33
feet;
feed
Łeet;
•feet;
feet;
feet;
feet; and
feet;'
THENCE NORTH 38.90 feet to a point in the North line oŁ
aforesaid Survey No. 624, J, M. &ller, Abstract No_ 133;
THENCE with said North line, WEST, 96.00 feet;
...
THENCE N. 2° 12' W. , 31.96 feet tc the PLACE OF BEGIt:T;Ip7G.
EXHIBIT "A" ~
Page 1 of 2 ~(J~" _~,
r'rr.-11-~"UUL 1 V • 10 I.RU 11.11 L CLU L)C
~JNt1

.r-.
,-..
TRACT TWO:
4U'~3J-Jd1JJ r.1U~10
acing all that certain roadway easment lying and being situated in t{re
County of Kerr, State of Texas, in 5urvoy No. 624, J.M. Eller, Abstract
No. 1]3, subject description being that pare of a twenty (20'j foot roadway
easement contained within the boundary of a certain 78.5 acre tract called
1st TRAC1 ;n a Warranty Dead with vendor's Lien fcom J.P. Branch, et ux
[o Garland M. Hrooxing, et uX dated February 2, 1976 and recorded in Volume
195, Page 43, Deed Records of Kerr County, Sexes, subject road easement
bieng further described by metes and bounds as follows, to-wit:
OEGIMNING at a poi,rt in the N.E. 'right of way line of F.M.. ;li ghway No.
1340, from which the S.W• corner of a certain 75 acre erect oŁ land convey-
ed from otis Meredith to Ford Lackey as recorded in volume 152, Paga 477
of the Daed Records of Kerr County, Texas 6eera 5 62' E, 8.78 feet;
Tt1ENCE with the N.E, right of way line of F.M. 1340, N 62' W, 22.54 feet;
TFIENCE along the west and soueh side of an axlsting paves road as follo.+s:
N 0' J1' E, 446.63 feet;
N 0. 04' W, 560.97 feet;
N 28' 35' W, 46.68 face;
N 76. 53' W, 60.16 feet;
N 86. 08' W, 131.12 feet;
N 56. 02' W, 273.91 feet;
N 16. 46' W, 58,11 feet; and
'N Z3' S7' E, 0.3.29 feat to a point in the S.W. line of aforesaid
Ford Lackey property in the eelrt Gr of the North Fork Guadalupe River:
THENCE across lov water croasin g, 5 55. 22' E, 20.35 feet to a point;
THENCE along •the noreh side of existing road,
5 23. 57' W, 32.10 feett
!. S 16. 46' E, 43.56 feet;
S 56. 02+ E, 261.40 feet;
S 86. OE' E, 127.35 feats
S 76. 53r E, 70.75 feet; and
5 28. 35' E, 47.44 feet to a point in
Ford Lackey property;
THENCE S 0• 34' E, along th0 West line of
feet to a point;
as Łollowsr
the Hest line of aforesaid
Ford Lnekey property, 644.45
THENCE 5 0' 31' N., 390.54 feat to the place. of BEGINNING.
Exxisi'r ~a'• C~~
Page 2 of 2
TOTAL P. 18
COMMISSIONERS' COURT AGENDA REQUEST
!LEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
ADEBY: Edwin M. Lon˘cony. III, OFFICE:
Trustee
EETING DATE: June 11, 2001
JBJECT: (PLEASE BE SPECIFIC)
TIME PREFERRED: Prior t o 11 : 3 o AM
Exemption from sub-division platting (see attached letter)
XECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
AME OF PERSON ADDRESSING THE COURT:
STIMATED LENGTH OF PRESENTATION:
PE DNNEL MATTER -NAME OF EMPLOYEE:
Ten (10) minutes
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
'HIS REQUEST RECEIVED BY:
~IIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

Ul Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
rnepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
.ppreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
ldopted by Commissioners' Court.
David L. Jackson, Attorney
WALLACE, JACKSON, MACHANN, & WILLIAMS
820 MAIN STREET, SUITE 100 t
.-. KERRVILLE, TEXAS 78028 C'~~;~',=s~,rtEiJC.7
TELEPHONE: (830) 896-3811 Fin.
TELEFAX: (830) 257-6119 I
PACSIMILE TRANSMITTAL SHEET
TO: FROM:
Mr. F 'Johnson DAVID I.. JACKSON
ANY: DATE:
May 25, 2001
FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER:
896- 1 '~
PHONE BER: SENDER'S REFERENCE NUMBER:
RE: YOUR REFERENCE NUMBER:
^ URGENT X POR REVIEW ^ PLEASE COMMENT ^ PLEASE REPLY ^ PLEASE RECYCLE
NOTES/COMMEMS:
Attached is my letter to you which follows up discussions with you, Commissioner Larry
Griffin, and Commissioner Jonathan Letz. The issue presented, as I have discussed
with all of you, is the meaning and interruption of the exemption of the ten (10) acre
platting rule (no plat required). After talking with you I talked with Commissioner Griffin
who suggested that I then talk with Commissioner Letz. They then talked and there
were conversations with my client. The conclusion that has been reached is that in this
situation the exemption would apply and that no plat would be required. I want to
confirm these discussions and this contusion for my client's protection before he
acquires the property. The attached letter is designed to accomplish that purpose. I
know that you will want to discuss this with Commissioners Letz and Griffin and
hopefully this letter sets forth what these discussions have been. I am providing a copy
to them. If some portions of the letter need to be revised let me know. I will be available
at your convenience.
cc: Commissioner Griffin (Fax: 792-2218)
Commissioner Letz (Fax: 792-2218)
Iongcope~Fax to Johnston
CONFIDENTfALITY NOTICE: Unless otherwise indicated or obvious from the nature of the
r*a~~~ttal, the informadon contained in this facsimile message is attorney privileged and confidential
„_ information intended for the use of the individual or entity named above. If the reader of this message is
not the intended redpient, or the employee or agent mponsible to deliver it to the intended redpient, you
are hereby notified thu any dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this corrununication in error, please immediately notify the sender by
telephone and return the original message to Wallace, Jackson, Machann & Williams at the address via the
U. S. Postal Service at our expense. Thank you.
„~,~.,,~,y ~.,~ ,~«~~ ~~„atu~-..rr~z u,~a~swss~vns nav~ueerr. tam prrnnamg a coPY
•- •~-- ~~ ----•- ..--t:,...e „f u,e ie+ror r,oar~ tr, na revised let me know. I will be available