f 1FiT>fi:fi h10., ~? l46(d 61F'F'f~;f:14411... "flSisfll'•IT)(:11~I:I:I~Itii,, X):ffii(a:)I~IT':I:I'•Il.laa•ICi fll'•IX) Vflt:al'T':I:hl(7," I''II:1f:IF(li:: L_flla::: fZCi61X7 Cin far:i.~:> t;lrta :L :Llar ca-:iy cr-f I''IIr ~?tiittli?,, t.tgr<:;rr nu:rl::i.can nuata+a Ivry (:'r.;rrnn:i.:i.c:rnarr C.iv :i. P F:i.n, ~:u~r.~crruat:rcl I:;y (~r.;r~un:i.1y app'rcrv~~ta t;y r.:r.;rr't:.i.rtt.tea,, au'ua v<'ar.~<:rPxs~ I•Ic;tar+:; L_<:tla[± fitacul a.n I r•t:+c.a.nc..: +. COMMISSIONERS' COURT AGENDA RF,OUEST PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Franklin Johnston, P.E. OFFICE: Road & Bridge MEETING DATE: March 11, 2002 TIME PREFERRED: SIIR.EF.CT: (PLEASE BE SPECIFIC) Consider "Abandonine, Discontinuing, and Vacating" Moore Lake Road in Pct. 4. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston. P.E. /harry Griffin/David Jackson ESTIMATED I,ENGTFI OF PRESENTATION: EF 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 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday TEI[S REQUES"f RECEIVED BY: THIS REQl1F.ST 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. NOTICE, OF PUBLIC HEARING CONCF,RNING ABANDONMENT OF MOORE LAKE ROAD IN KERR COUNTY TEXAS [t is the intention of the Ken County Commissioners Court to "Abandon", "Discontinue", and "Vacate" Moore Lake Road as provided by Transportation Code, Subt. 2, Ch. 251, Sec. 25 LO51 and Local Govenunent Code 232.008. Any person who is interested in the property and who wishes to protest must appear March 11, 2002 at 10:30 a. m. in Commissioners Courtroom at Kerr County Courthouse, 700 Main, Kerrville, Texas. u:l OS~u2 uA: 05 F.A% 1 8J0 J57 9119____ NALLACE. JACKSO\, M_~1CHA5_G_ ~'Op2 ,.-. FIELD NOTES DESCRIPTION OF SEGMENT "A" A 2.11 ACRE PORTION OF MOORS LAKES ROAD KERB COUNTY, TEXAS BEING ALL OF A CERTAIN 2.l l ACRE, MORE OR LESS, TRACTOR PARCEL OF LAND LYING ANA BEINO $iTUATED IN KERB COUNTY, TEXAS, ibMPRISING APPROXIMATELY 1.16 ACRES OUT OF THE TT. RY. CO SURVEY NO 1227, ABSTRACT NO. 637, AND 0.95 ACRES OUT OF THE FRED K1.EIN SURVEY NO. 5, ABSTRACT NG 648, 9AID 09S ACRE TRACT BEING PART OF THAT 2303.43 ACRE TR.4C? CONVEYED TO COOL WAFER LLC BY SPECIAL WARRAr\'TY DEED EXECUTED T`r1E 19TH DAY OF APRIL, 20J0, AND RECORDED IN VOLI,'ME 1061, PAGE 130, REAL PROPERTY RECORDS OF KER.R COUNTY, TEXAS; BEfiG PART OF THAT 40 FT. WIDE RIGHT-OF-WAY CONVEYED TO THE COUNTY OF KERR BY DEED RECORDED IN ~'O:,L'ME 98, PAGE 51, DEED RECORD3 OF KERR t_'OUNTY, TEXAS, AND PART OF THAT 40 FT. WIDE RIGHT•OP•WAY CONVEYED TO THE COUNTY OF KERR BY DEEDS RECORDED [N VOLUME 98. PAGE 3J, AND V. 96, PAGE 590, DEED RECORDS OF KERB COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOLNDS AS FOLLOWS. BEGLYNBYG at a 1R" aoo stake Set in t1s South luu of that tract conveyed to Camp MYStic by Watteaty Dad recorded m Volume l l2, Page 606, Deed Rcco:ds of Kcrs County, Texas, the North line of raid Cool Water tract, for the Notrtheasi cor:ur hereof, the Northwest wrner of Segment "B", a 1.37 acre tree[ surveyed this date, from winch s l2" cedar fetrce comer poet at ttu Southerty Southeast corner of said Camp Mystic tract, the Southeast corner of Survey No. 1226. the Northeast COtMi of Suzvey No. 5 tsars 2010.03 ft. S B9° 16' SB" E; THENCE S 00° 44' 36" W 40.00 ft. to a lit" iron cake set in the South line of said 40 ft. wills right-ofway, For the Southeast corttc haeoL tFa Southwest cornet of said .--- Scgmcot "B": THENCE with [be South Ime of said 40 ft. wide right-ot=way, ;tntrnlly along a fence N 89• ] 3' 26" W 1034.43 A. to s set 112" iron stake, a comer is the North line of said Cool Water user eontin;ring with the North line of said Cool Water tear:, N 89° 32' 26" W' 702 50 ft m a set In" iron make; sod N 89° a4. 46" W 575.70 R. to a set 1!2" iron stake (or the Southwart corner hereof, THENCE N 00' lS' 34" E 40.W ft. to ut B" cedr:r teas angle port in the Soutlt line of said Camp Mystic tract, rife North tine of said a0 ft. wide right-ofway, fttr the Northwa: wrntx hacof, TFIEIVCE with the South line of said Camp Mystic tract, the North tine of said 40 ft. wide nght-o€way, gequally ebng a force: S 89° 38' 00" E 1278.44 ft. Io fl 5" cedar fence post. a :attar is the North late of said Cool Water leech and with ttso North lice of said Cool Water trot, S 89° 1S' 26" E 1034.53 fl. to the PLACE OF BEGINMNO, wtuainvg 2.11 geree of lend, mom or lets, wiUan these metes and beundv. A plat accontpeniea thex geld notes. Bearings based on Tau North par O-P.S. The lom8ourg field mw repceseet a survey made on the iyound under my direction Dated thit the 4th day of March, 2002 Eric .. Aslilcy Registered Pro(wsioaal Lord eyor No. 4617 (.~fOORE SEG A) ERIC ~. ASHLEY LAND SURVEYOR 3' 7'A' STREET KERRVILLE. TEXAS 78078 (830) 257.7722 0~. 05 ~: 02.08 FAS L ~91U 257 6i1P WALLACE, JACKSO\,tt{ACH.iS\ _ Q'003 +- F1ELD NOTES DESCRIP'IiON OF SEG1vIENT "B" A 1.37 ACAS POR'CION OF MOORE LAKES ROAD KERR COUNTY, TEXAS BEING ALL OF A CERTAIN 1.37 ACRE, MORE OR LESS, TRACT OR PARCEL OF L.4\'D LYING AND BEING SINATED Qv KER.R COUNTY, TEXAS. COMPRISING APPROXIMATELY 0.64 ACRES OI:T OP THE H.E. B: W: f. RY CO SURVEY N0. 1226, AND 0.73 ACRES OUT OF THE FRED KLETN SURVEY N0. S, ABSTRACT NO. 848; BEING PART OF THAT 40 Ft. WIDE RIGHT-0F-WAY CONVEYED TO THE COUNTY OP KERB BY DEED RECORDED [N VOLUME 98, PAGE 51, DEED RECORDS OF KERR COUNTY, TEXAS, AND PART OF THAT 40 FT WIDE RIGHT-OF-WAY CONVEYED TO THE COUNTY OF KERB BY DEEDS RECORDED ]N VOLUME 98, PAGE 53, AND Y. 98, PAOfi 590, DEED RECORDS OF KERB COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AIvT) BOUNDS AS FOLLOWS: BEGINNING u a l2^ iron stake ut in the South lire of that tract wrrveyed to Camp Mysit by Warranty Deed rewrtkd m Volume 112, Page 606, Dead Retards of Karr Cotmry, Texas, the Noah tine of that 2505.43 acre tryst wnveyed to Cool Water. LLC by 9pocwl Warranty I?eed eaecutad the 19th day of April, 2000, and recorded m Volume 1061, Page 130, Rsal Proporiy Raords of Kerr Coumy, Texas, for the Northwest comer hneolr the NorthtKtt corner of Segrmm "A", a 2.11 tare tract surveyed this date, 1:rom which a l2" cedar fence corner post at the Southerly Seutheas[ wmer of said Camp Mystic tract, the Southeast writer of Survey No. ' 226, the NorlhesR wmer of Survty No. 5 bears 2010.03 ft. 3 89° ! 6' S8" E; TS-EIVCE wiW the North hve of said 40 Q. wide nght-of-way, the wmmon line between ssid Camp Mystic tract end said Coo) Water tree;, generally along a trace S 89` ] 5' 26" E 733.63 R to a 6" cedar frnce rngk part; "' THENCE with the North tine cfsaid 40 ft. wide right~of--way, genaylly ab~ a Hence, tLc Sotuh lire of said Ca¢y+ Mystic tact: N 69° 06' l2" E 572.42 ft to a cedar tease angle post; S 17° 30' S2" E 118J9 ft- to a rer?s fence angk post; and 5 OS° 16' 36" W 98.54 fl. to a 12" cedar fence corner poet k the eottmwn line betwnea said Camp Mystic tract and ®id Cool Wee tract; THENCE with the wmmon line I>ttween >sid (imp Mystic tract and said Cool Watu tract, the Sotub Sae of tysid 40 ft. wide oghFOf-wsy: N 69° t7' 42" W 40.13 ft. to a set 1.+2" iron sake; NOS' 16' 36" E 93.68 ft. to a set I!2" iron ataks; N 17° 30' 32" W 67.89 A to a set 1R° ion stake; and S 68° a9' 38" W 429.92 8. to zit 8" ceder fence aagk post; THENCE wntinuing with the Sotuh tine of said 40 ft. wide right-of--way, am ar abng a fetxe: S 70' 12' I "r" W 107.74 R. to a set 12" iron sake; and N 89. 15' 26" W 74l .27 ft to a set l/2" iaoa stake for the Southwest want hereof the 9outheeit corner of acid Segmtm "A"; TB:ENCR whit the East Tine of said Segmem "A", N 00. 4a' 36' E 40.00 R. b the PLACE OF BEGIhNINQ, containing 1.37 etrea of Isad, more or ksa. withit these tMtes acrd botmda A plat ecwmpmies these fy;ld notes. Bt:arings bead on True North per O.P.S. The foregoing Held Dotes represent a stuvey made on the ground mtdtr my direction. D-ate tlsytp~day of Much 2W2 Eric N. Ashley Registered Profeasiooil urvryor No. 4617 ~..~ (MOORS SEG B) ERIC N. AShLEY LAND 3URYEYOR 317'A' SIRES' itEF3RVIlLE, TEXAS 76028 (830) 257.7'722 U~ f5 ~~2 ,~9.U7 F:{X 1 NUr, ;Si 811P ___.__+~ALt.ACE_J.ICKSOV, MACH.{,ti_~' __ X001 eleN Lhln SYMt rcw}wlk Tim 7BC18 TlNphone:(A70)eit:3614 Fu Nurt+br (elOi 2676119 FaX ~ T N ... -: ,. Prarf O . ~ ...k s., /~c 41 i, ¢ 4 p r 7eNf: 3 Pllerwr i i i i7 7 3 O~t~a ~ ~ s ~•~ Ret 'F'; ci ~ wee r ~e. tY~ C4 ;+k*s' ~-ii O V+l~ ^ Iar Rwiew ^ RMwN fenmat ^ NMM Ropy O lNeese ReArd~ COMMENT: CONFlD9dTULLJTY NOTICE: Uryeee dherv~ise irdieated or otlvious trorrr dv3 nature d the trwrsnital, iho IMOrrlleti0n oonleinW in tllis Pao6irrde rT4e~ape ie attortieY pm/ieQed and cordlderrtlal ktanrrefion Mended ta'tha ux d the irKWidual ar erAty owned a6aa K the taadar d ihi9 message is not the YYanded nxipfaK, a the emplo/ee ar ageK rpsponw'de to delver it to iM IMandad nct{>rett, yw are har7rby notiled that aN dtseerrdrcYbn. dilributlon or oopyirp of this canmrmic~on Is addly ProNbited. tf you tare raoekee tttie oarmuticelon In ens, pbae0 kmrdleley nosy the sender tr4r telephone and return the ari~rral message to wffisoe. Jadc9on, llAaeham 3 VWikrrs at fhe address via doe U. S. Postal Servic>; at our experue. Tharic you ORDER VACATING COUNTY ROAD Order No. ~ G STATE OF TEXAS § COMMISSIONERS' COURT § COUNTY OF KERR § OF KERR COUNTY, TEXAS The County Commissioners' Court of Ken County, Texas, has received a petition for Vacation of County Road known as Moore Lake Road signed by landowners who own land in Precinct IV of Kerr County, Texas, the same being the precinct in which the County Road petitioned to be closed is located. The Commissioners' Court has determined and finds the following in connection with such petition: 1. The County Road ("County Road") requested to be vacated is the Moore Lake Road described in Exhibit "A", attached hereto and made a part hereof for all purposes. 2. The County Road herein described is no longer used by the public for travel. 3. Kerr County no longer maintains the County Road herein described. 4. The land described as a portion of Moore Lake Road in Volume 98, Page 53, and Volume 98, Page 590, in the Deed Records, Kerr County, Texas, is now owned by Cool Water, L.L.C. 5. The land described as a portion of the Moore Lake Road described in Volume 98, Page 51, of the Deed Records, Kerr County, Texas, is now owned by Natural Fountains Properties, Inc. 6. Notice of the Petition for Vacation of County Road known as Moore Lake Road was given or required by law more than 20 days before the date hereof. 7. On the 11th day of March, 2002, at a meeting of the Commissioners' Court of Kerr County, Texas, duly convened in accordance with all required notices, procedures, and other legal requirements, and after public hearing on this date, the aforesaid petition was duly considered by the said Commissioners' Court. 8. All requirements of the State of Texas both as to law and procedure and all prerequisites for the aforementioned discontinuance and closing of said County Road have been duly met and have been substantially complied with. IT LS THEREFORE ORDERED by the Commissioners' Court of Kerr County, Texas, that the referenced County Road, is closed, vacated and discontinued as a public road. ADOPTED BY THE UNANIMOUS VOTE OF THE COMMISSIONERS' COURT OF KERB COUNTY, TEXAS, ON THIS THE 11TH DAY OF MARCH, 2002. The Clerk of the Court is further hereby ORDERED to insert this Order in its entirety in the minutes of the Commissioners' Court of Kerr County, Texas. IT IS THE FURTHER ORDER of the Commissioners' Court of Kerr County, Texas, that Judge Fred L. Henneke, County Judge, Kerr County, Texas, be and is hereby authorized to execute this Order and all other documents necessary and proper for the closin of the g referenced County Road. SIGNED AND ORDERED this 11th day of Mazch, 2002. COMMISSIONERS' COURT OF KERR COUNTY, TEXAS v sy: - _ . Fred L. Henne e County Judge Kerr County, Texas THE STATE OF TEXAS § COUNTY OF KERR I, Jannett Pieper ,Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas, do hereby certify that the above and foregoing is a true and correct copy of Order No.377~/lnb, passed by the Commissioners' Court on the 11th day of Mazch, 2002, as the same appears of record as manifest, of the Minutes of the Commissioners' Court of Kerr County, Texas. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office at Kerrville, Texas, on the ~ ~ day of ~'Yl~.~~r.c~) .2002. JANNETT PIEPER CLERK OF THE COUNTY COURT and EX-OFFICIO CLERK OF THE COUNTY, TEXAS BY: COURT OF KERB Deputy EXHIBIT "A" TRACT I: BEING ALL OF A CERTAIN 2.11 ACRE, MORE OR LESS, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN KERR COUNTY, TEXAS, COMPRISING APPROXIMATELY t.16 ACRES OUT OF THE T.T. RY. CO. SURVEY NO. 1227, ABSTRACT NO. 637, AND 0.95 ACRES OUT OF THE FRED KLEIN SURVEY NO. 5, ABSTRACT NO. 848, SAID 0.95 ACRE TRACT BEING PART OF THAT 2505.43 ACRE TRACT CONVEYED TO COOL WATER LLC BY SPECIAL WARRANTY DEED EXECUTED THE 19TH DAY OF APRIL, 2000, AND RECORDED IN VOLUME 1061, PAGE 130, REAL PROPERTY RECORDS OF KERB COUNTY, TEXAS; BEING PART OF THAT 40 FT. WIDE RIGHT-OF-WAY CONVEYED TO THE COUNTY OF KERB BY DEED RECORDED IN VOLUME 98, PAGE 51, DEED RECORDS OF KERB COUNTY, TEXAS, AND PART OF THAT 40 FT. WIDE RIGHT-OF-WAY CONVEYED TO THE COUNTY OF KERB BY DEEDS RECORDED IN VOLUME 98, PAGE 53, AND V. 98, PAGE 590, DEED RECORDS OF KERB COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 12" iron stake set in the South tine of that tract conveyed to Camp Mystic by Warranty Deed recorded in Volttme 112, Page 606, Deed Records of Kerr County, Texas, the North line of said Cool Water tract, for the Northeast comer hereof, the Northwest corner of Segment "B", a 1.37 acre tract surveyed this date, from which a 12" cedar fence comer post at the Southerly Southeast comer of said Camp Mystic tract, the Southeast comer of Survey No. ]226, the Northeast corner of Sttrvey No. S bears 2010.03 ft. S 89° 16' S8" E; THENCE S 00° 44' 36" W 40.00 ft. to a 12" iron stake set in the South line of said 40 ft. wide rightof--way, for the Southeast corner hereof the Southwest corner of said Segment'B"; THENCE with the South line of said 40 ft. wide right-of--way, generally along a fettce N 89° 15' 26" W 1034.43 ft. to a set 12" iron stake, a comer in the North lice of said Cool Water tract; continuing with the North line of said Cool Water tract, N 89° 32' 26" W 702.50 ft. to a set 12" Qon stake; and N 89° 44' 46" W S7S.70 ft. to a set 12" iron stake for the Southwest comer hereof THENCE N 00° 15' 34" E 40.00 ft. to an 8" cedar fence angle post in the South line of said Camp Mystic tract, the North line of said 40 ft. wide right-of--way, for the Northwest corner hereof; THENCE with the South line of said Camp Mystic tract, the North line of said 40 ft. wide right-of--way, gecerally along a fence: S 89° 38' 00" E 1278.44 ft. to a 6" cedar fence post, a corner in the North line of said Cool Water track and with the North lice of said Cool Water tract, S 89° 15' 26" E 1034.53 ft. to the PLACE OF BEGINNING, containing 2.tt acres of land, more or less, within these metes and bounds. A plat accompanies these field notes. Bearings based on Tme North per G.P.S. TRACT II: BEING ALL OF A CERTAIN 1.37 ACRE, MORE OR LESS, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN KERB COUNTY, TEXAS, COMPRISING APPROXIMATELY 0.64 ACRES OUT OF THE H.E. 8c W.T. RY CO. SURVEY NO. 1226, AND 0.73 ACRES OUT OF THE FRED KLEIN SURVEY NO. S, ABSTRACT NO. 848; BEING PART OF THAT 40 FT. WIDE RIGHT-OF-WAY CONVEYED TO THE COUNTY OF KERB BY DEED RECORDED IN VOLUME 98, PAGE 51, DEED RECORDS OF KERR COUNTY, TEXAS, AND PART OF THAT 40 FT. WIDE RIGHT-OF-WAY CONVEYED TO THE COUNTY OF KERR BY DEEDS RECORDED IN VOLUME 98, PAGE 53, AND V. 98, PAGE 590, DEED RECORDS OF KERB COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 12" 'von stake set in the South line of that tract conveyed to Camp Mystic by Warranty Deed recorded is Volutm 112, Page 606, Deed Records of Kerr County, Texas, the North lice of that 2505.43 acre tract conveyed to Cool Wazer, LLC by Special Warranty Deed executed the 19th day of April, 2000, and recorded in Volume 1061, Page 130, Real Property Records of Kerr County, Texas, for the Northwest corcer hereof; the Northeast corcer of Segment "A", a 2.] 1 acre tract surveyed this date, from which a 12" cedar fence comer post at the Southerly Southeast comer of said Camp Mystic tract, the Southeast comer of Survey No. 1226, the Northeast comer of Survey No. 5 bears 2010.03 ft. S 89° 16' S8" E; THENCE with the North line of said 40 ft. wide right-of--way, the common line between said Came Mystic tract and said Cool Water tract, generally abng a fence S 89° 15' 26" E 733.63 ft. to a 6" cedar fecee angle post THENCE with the North line of said 40 ft. wide right-of--way, geceralfy abng a fence, the South lice of said Camp Mystic tract: N 69° 06' 12" E 572.42 ft. to a cedar fence angle post; S 17° 30' S2" E 118.39 ft. to a cedar fence angle post and S OS° 16' 36" W 98.54 R. to a 12" cedar fence corner post in the common line between said Camp Mystic tract and said Cool Water tract; THENCE with the common lira between said Camp Mystic tract end said Cool Water tract, the Soutlt ]me of said 40 ft. wide right-af--way: N 89° 17' 42" W 40.13 ft. to a set 12" iron stake; N OS° 16' 36" E 93.68 ft. to a set 12" iron stake; N 17° 30' S2" W 67.89 ft. to a set 12" iron stake; a~ S 68° 49' 38" W 429.92 ft. to an 8" cedar fence eagle post THENCE continuwg with the South line of said 40 ft, wide right-of--way, near or along a fence: S 70° 12' 1T' W 107.74 R. to a set 12" iron stake; and N 89° 15' 26" W 741.27 ft. to a set 12"uon stake for the Southwest corner hereol; the Southeast corner of said Segment "A"; THENCE with the East line of said Segment "A", N 00° 44' 36" E 40.00 ft. to the PLACE OF BEGBVAIING, containing 1.37 acres of land, more or less, within these metes and bounds. A plat accompanies these field notes. Bearings based on True North per G.P.S. We. ebruary 20, 2002 ~- z. rusuc Nonce. NOTICE OF PUBLIC IIEARINC CONCERNING ABADIDONMENT OF MOORELAKEROAD IN IIERR COUNTY TEXAS IIistheinteabonof~e Kea County Commissioners Coiut to "Abar~", `Discontimie" and "Vacate" Moore Lake Road as leovided by Transportation Code, Subt 2, Ch. 251, Sec. 251.051 and Local Government Code 232.008. Any ~e~son who is iuteiestedm die w~ ro protest must appear March 11, 2002 at 10:30 a m in Commissioners Courtroom at Kerr County CouRhouse, 700 Main, Keaville, Texas. i 1 C i F , .,._ . -