Order 7114 Resolution declaring s~_u•pl~.~s property On this Eth day of July '2001, ~_ipon motion made by Commissioner Griffin, Seconded by Commissioner Baldwin, the Co~ar•t ~_inanimously approved by a vote 4-0-Q, to declare 5.020 acres ~an~_ised portion of Old State Highway c7 in the City of Ingram S~_trplus to the needs of the State and quitclaim si_rch praper•ty to the ab~_rtting landowner, Billy McGrew and a~_ithorize the Co~_mty J~_idge and Commissioners to sign resolution. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Henn MEETING DATE: July 6, 2001 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: County Judge TIME PREFERRED: Consider and discuss Resolution to request State of Texas declare 0.028 acres in the City of Ingram surplus to the needs of the State and to quitclaim said property to the abutting landowner, Billy McGrew. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge 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: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Coum~issioners' Court. Texas Department of Transportation P.O. BOX 29928 • SAN ANTONIO, TEXAS 78284-3601 • (512) 615-1110 Kerrville Area Office P. 0. Box 294029 Kerrville, Texas 78029-4029 June 26, 2001 Phone No. 830-257-8444 Fax No. 830-896-1660 Hon. Fred Henneke Kerr County Judge Kerr County Courthouse Kerrville, Texas 78028 Subject: Surplus Right Of Way Old State Highway 27 in the City of Ingram Dear Judge Henneke: Enclosed is a resolution for use by Kerr County to request that the state declare a certain unused portion of Old State Highway 27, (Old Ingram Loop) in the City of Ingram, surplus to the needs of the State and to quitclaim said property to the abutting landowner, Billy McGrew. The purpose of the resolution is to ensure that the city has no objection to this proposed action. You may wish to adopt an alternate format, but please do not alter the terms of the documents. Please return executed document to this office. Thank you for your cooperation in this matter. Sincerely, Bill M. Tucker, P. E. Area Engineer ba An Equal Opportunity Employer 27114 RESOLUTION REQUESTING THE STATE OF TEXAS, ACTING BY AND THROUGH ITS TEXAS TRANSPORTATION COMMISSION, TO DECLARE A CERTAIN UNUSED PORTION OF OLD STATE HIGHWAY 27 IN THE CITY OF INGRAM COUNTY OF KERR SURPLUS TO THE NEEDS OF THE STATE AND TO QUITCLAIM SAID PROPERTY TO THE ABUTTING LANDOWNER, BILLY McGREW. WHEREAS, a certain tract of land in the City of Ingram, County of KERB, was acquired by the State of Texas for right of way purposes and known as old State Highway 27. WHEREAS, a certain 1199.5 squaze feet (0.028 acres), more or less, is out of the following Deed dated October 22, 1932 from Cleveland Griffin and wife, Willie A. Griffin to the State of Texas and recorded in Volume 55, Page 216 of the Deed Records of Kerr County, Texas. WHEREAS, due to the reconstruction and relocation of the new State Highway 27 certain sections of Old State Highway 27 were appazently removed from the State Highway System, and maintenance and jurisdiction was transferred over to the County of Kerr. WHEREAS this 1199.5 squaze feet (0.028 acres), more or less was later incorporated into the City of Ingram and the maintenance and jurisdiction of this old state highway 27 was transferred to the City of Ingram. WHEREAS, fee title was never transfen•ed and title is still in the State of Texas. WHEREAS, the abutting property owner's building is encroaching on Old State Highway 27, and that portion of right of way containing 1199.5 square feet (0.028 acres) with the building encroachment is no longer needed for State Highway purposes. WHEREAS, a portion of right of way containing 1199.5 squaze feet (0.028 acres) of land, is being more particulazly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein, is no longer needed for use by the citizens as a road or any other highway purposes. IT IS, THEREFORE, REQUESTED by the County Commissioners of the County of Kerr, State of Texas, at its regulaz meeting that the Texas Transportation Commission pass an appropriate Minute Order declaring said 1199.5 squaze feet (0.028 acres) of land, more or less, on Old State Highway 27 to be surplus to the needs of the State and in addition requesting the Governor of the State of Texas to execute a deed to the adjoining landowner, Billy McGrew and quitclaim all right, title and interest in and to said 1199.5 square feet (0.028 acre tract) of land, more or less, by and on behalf of the State of Texas in accordance with the statutory and procedural requirements for the disposal of surplus right of way. PASSED, APPROVED AND ADOPTED this ~ day of 2001, at a meeting duly assembled and regulazly called. COUNTY COMMISSIONERS OF COUNTY, TEXAS BY: BY: ~/~- ' County udge, Commis, oner h 9' Kerr County, Texas BY: BY: Commissioner BY: BY: Commissioner BY: Control: 142-3 County: Kerr County Highway: old S.H. 27 FIELD NOTES OF TRACT 1 March 22, 2001 Being a tract of land containing 1199.5 square feet (0.028 acres) situated in the Francisco Trevino Survey No. 129, Abstract No. 332, Ken County, Texas, and being a portion of that certain 100 foot wide strip of land containing 2.62 acres (/ 14,127 sq. ft.) conveyed on October 22, 1932 from Cleveland Griffin and wife, Willie A. Griffin to the State of Texas in a deed of record in Volume 55, Page 216, Deed Records of Kerr County, Texas and being more particulazly described by metes and bounds as follows: COMMENCING from a point m the centerline of said 100 foot right of way for old Texas State Highway No. 27 and the old center line of Brushy Creek, said point being approximately North 2610 feet and west 25 feet from the southeast corner of the Francisco Trevino Survey No. 130, Abstract No. 333, Kerr County, Texas and being also Sta. 1320+28.00; THENCE with the centerline of said old Texas State Highway No. 27, N 02° 18' W, 352.30 feet to a point being the beginning of a curve to the right having a 1432.47 foot radius, said point being P.C. Sta. 1323+80.30; THENCE continuing with the centerline of said old Texas State Highway No. 27, along the azc of said curve to the right having a central angle of 1°OS' and a chord bearing and distance of, N Ol°45'W, 27.24', a distance of 27.24 feet to a point being Sta. 1324+07.54 and continuing with the radial of said curve N 88°47'E, 40.19 feet to a''/z" iron rod set being the POINT OF BEGINNING and the southwest corner of the subject tract, said point being 40.19 feet right and radial to Sta. 1324+07.54; (1) THENCE through the interior of said old Texas State Highway No. 27, along the azc of a curve to the right with a 1392.28 foot radius and a central angle of 5°03' and a chord bearing and distance of, N Ol°19'E, 122.66', a distance of 122.70 feet to a'/z"uon rod set being the northwest corner of the subject tract, said point being 40.19 feet right and radial to Sta. 1325+33.78; (2) THENCE continuing through the interior of said old Texas State Highway No. 27, S 86°10'E, 9.81 feet to a'/z" iron rod set in the west line of a certain 0.01 acre pazcel conveyed on November 5, 1998 to Billy Ray McGrew and referred to as Tract II in deed of record in Volume 979, Page 750, Real Property Records of Kerr County, Texas and being the east right of way line of said old Texas State Highway No. 27 and being the northeast comer of the subject tract; 1 E X H I B I T "A" PAGE 1 of 3 (3) THENCE with the west line of said 0.01 acres and subsequently the intended west line of a certain 0.19 acre pazcel conveyed to Billy Ray McGrew referred to as Tract I in said same deed of record in Volume 979, Page 750, Real Property Records of Ken County, Texas and the east right of way line of said old Texas State Highway No. 27 and being a curve to the left with a 1382.47 foot radius and a central angle of 5°03' and a chord bearing and distance, S O1°19'W, 121.80'; along the arc of said curve a distance of 121.84 feet to a'/2" iron rod set being the southwest comer of said 0.19 acres, the northwest corner of a certain 0.4 acre parcel conveyed to Leona Smith in deed of record in Volume 107, Page 170, Deed Records of Kerr County, Texas and being the southeast comer of the subject tract; (4) THENCE through the interior of said old Texas State Highway No. 27, S 88°47'W, 9.81 feet to the POINT OF BEGINNING and containing 1199.5 square feet (0.028 acres) within these metes and bounds. Error in closure of the herein described tract is 1 in 60,476. This description is a companion to a Plat of Survey dated March 20, 2001 and was prepazed this 22nd day of March 2001. Note: the 1/2" iron rods that were set aze capped with an orange plastic cap mazked "C DIGGES #4061" Chazles Digg S Texas Registration No. 4061 FileM01021901 msword DP E X H I BIT "A" LEGEND OF ABBREVIATIONS L O.R.KG-Oaad Records of Ken County. E.R.K.C.-Euanmt flacorde W Kart Counly ~x~• 0.P.RX.C.-Real PropeHy Raada of Ken Counly, U.E.-UtBRy Eossmant P.R.K.C.-Plat Reeade of Kan Cwrey, P.O.B.-POMt of BegbMng, R.G.W.-gtght of Way B.SB.L-BUibin9 Set Beck Lina, U.P.-Uilily Pale, G.W.-CUy Win, M.L-Yatar 4 eP \ W.Y.-WOhr Ysla, F.M.-Rn HydronL A/C-tir Condltlona, -W- - Wata lino ~ ) -E-=EIMdc Un0. -i-=Talapnma Urle, -L-=N Cabb, -x-=Fbk Fence,-o-~ Pbatic Fmw ~ -= Chin Unk Force. -//- ~ Bwrd Fmc<. U.G.E = Undegromd psddc V.G.C. - UndergrounM CaDb Tabvbbn U.G.T. =Underground Telephme. -C- : Nalurd Caa Lin< N.H. - IbnDeb aY.. pawtisn Barchmork -SS- .Sanitary Sawa. W.V. =Water Vohw F.IR. - Feund iron rod, S.I.R. -Sat 'ron rod F.C.P. - Fanca wmer past F.LP. ~ Found iron pipe, F.P. Fence Pmt. C.Y. Goa Meleq C 8 C = Lurb and Gutter Record bearings and distances are shown in parentheses. CURVE DATA: CVRVE RADIUS TANGENT LENGTH DELTA DEGREE CHORD CH.BEARING C-I 1932.47 13.62' 27.24' I°OS' 4°00' 27.24' N OI°45'W ~ C-2 1392.28' 61.39' 122.70' S°03' 4°07' 122.66' N 01 °19'E C-3 1382.47 60.96' 121.84' S°03' 4°09' 121.80' S OI°19'W P.T. ST0. 132 7+17.82 ST0. 1326+00.00 - FRANCISCO TRIVINO i it ~ SURVEY No. 129 FRANCISCO TREVINO i ~ ASSTRACT No. 332 SURVEY No. 130 I~ :_~ z:.-. ~~ 6z ateacee } ABSTRACT No. 333 ~ N ~ et~y,enrt~ARCw t= ~ S.' i ~ ~ ~~~ S B6°IO'E 9.81' ' g ro - ~ ~ z \ ST0. 1325+33.78 v: 40.19' RT. }, v .SCO~C.' ~°= 6~~ I Q '. 2 sq ~ aAJy~aO~rr,,Im l r~ bMDNS ~ I ® \ 8 ., € I J ~ \ - ~y3 ~..~ cor ~ (n BNDNa \pN PA lal CT \"ss . rr ~ ~ ~ . ` ~. ~ g / / ggY/~'q~ NV.Y %w TX) \ ~p ' Cn - - ~ \ m 3 F z. Q 1 8 .f, s`P ~ ST0. 1324+07.54 e4 . In' ~ 40.19' RT. LLf - I 4S- ~ -' ~Iti~ F' S 88°4TW l l. 9.81' P.C. 570. 1323+BOAO alEGYO ~~ O.RX.C ST0. 13294 N(... D I °E OF T°o a4-:. v t,,.. v r' .' ~ g ~ I ~CP Si'Eg ~ y F.1 p ~ t ~~~~~. Y \ '~ ~P _d,.. O T Z 3~ ......~.... ~~ . 5' l ~ ~ NOTE: y ~ CHAR~ES°D160µES D $ :µ Q °1"" m ~ Error Closure for Tract I, vt g! 2 .s 4087 i : o 1199.5 54. Ff. (0.028 Acres) i I i 60 476 P ~ ° : ~. ~' s n , L pa °~LES510 ' ~ FR ~ Y8 ~~ SURV~ ) `'1~ - p ST0. 1323+W.00-' I9 ST0. I 8.00 CENLERLINE BRUSHY CREEK PER VOL. 55. PG. 216. D.RX.C. pgNT OF I. Charles Digger, a Registered Prafessiorwl COMMENCEMENT land Surveyor, hereby state that this plat correctly represents a survey made on the ground under my supervision on Mar