ORDER N0. c776~ RF'F'ROVRL OF I:ERR COUNTY'S QUIT CLRIM TO THE TOWN OF CENTER F'OINT On this the SCrd day of Se pteniber•, E00c, upon motion made by Commissioner- Williams, seconded by Commissioner- Griffin, the Co~_ir•t ~_inanimously approved by a vote of 4-@-0, to a~_~thor•ize iss~_~ance of q~.iitclaim deeds from Kerr Co~_inty to the Center Point Rr•ea Historical F'r•eser•vation Rssociation and the Center point Rmerican Legion F'ost 58~ for the County°s eight and interest, if any, in certain alleyways identified in the quitclaim deeds, and authorize County Judge to sign the deeds. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2 MEETING DATE: September 23, 2002 TIME PREFERRED: SUBJECT: (Please be specific) Consider, discuss, and take appropriate action on request by the Center Point Area Historical Preservation Association, and the Center Point Post of the American Legion that Ken• County Quit-Claim its interest in Alleyways and Street Easements granted in 1926 to the "Town of Center Point" by the Center Point Mercantile Company, and authorize County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, County Attorney David Motley. 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 551 and 552, Govermnent Code, is as 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 is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. MEMORANDUM To: David Motley, County Attorney From: William H. Williams, Comm. Pct. 2. Subject: 1926 Street and Alleyway Easement granted to "Town of Center Point" Date: November 1, 2000 Dear David: The Center Point Historical group is attempting to acquire and clean up certain parcels of land in central Center Point for the purpose of making a permanent public park and museum. You may recall that some of the property had tax liens on it, and Commissioners Court recently determined to drop litigation and some arrangement was made for the historical group to obligate itself to pay off the back taxes. Inasmuch as the historical group lacked funds to acquire these parcels of land, certain purchases of lots were fronted by public-spirited individuals. Attached is a copy of relative Field Notes and Plat of the Center Point Mercantile Addition which describes certain alleyways that dissect these parcels of land to be used for the park plus that land which is owned by the American Legion. The county does not now, nor has it ever, maintained these alleyways. Therefore, the question of acquiring ownership of these alleyways has been posed. The Field Notes and Plat recorded by Center Point Mercantile Company through its representative F. C. Nelson state "we do hereby grant and donate unto the town of Center Point all streets and alleys therein described. " Our records suggest that in the year 1926, there was no functioning (incorporated) Town of Center Point that could have accepted these alleyways. Certainly today, there is no functioning Town of Center Point that could release or abandon these alleyways. Inasmuch as the County has no interest in these alleyways, please suggest to me a legal and appropriate course of action that could be followed to abandon and divide up the alleyway property between the American Legion and the owners of the property who intend to turn it over to the Center Point Historical Association. Thank You February 26, 2002 Dear David When the above-memorandum was directed to your attention in November, 2000, there was no particular sense of urgency, as the CP Area Historical Association was not in complete control (ownership) of the parcels of land to comprise their park project. Now, that has changed As a result of long-time fund raising efforts that resulted in a Peterson Foundation Grant, the Historical group now owns the parcels of land to comprise their park. It now becomes timely for the county to formally take action to abandon the street rights-of-way, etc., in favor of the Center Point Area Historical Association and the American Legion-whose property adjoins the park property. Your thoughts and advise would be appreciated TO HAVE AND TO AOLD the above de so rib ed premf sae, together with a12 oral singulnr aye lg hte and appurtenanoee thereto in m~ywise belonging, unto the said First State Bank, Kerr- ille, Tesae, its aucceaeore and esaigns Yor ever, end we do hereby bind oureol vea and our heirs, zecu tore and adminiatreto rs, tb WARRANT APD FO AEPEft DEFEND, all and singular the ee id premises nto the said Flret State Bank, Ka rrv Llls, Texas, its suo ceaso ra and ass Lgna, ago lust every e rson whomsoever la wYul ola imlag or to hla Lm the enure or any part thereof, Witness our Iw ode et errvi lie, Toxea, this 17th dny of Febxua ry, A. D. 26, e ~ A~ Revenue Stamps $3,50 oanc el ed) ~ O r 0. R . .............. 2/17/26 ) Ore Rues ell U2,~ L ~ ~ `/,/ Lo ale R¢ese 31 'EE STATE OF TEAS ; :OUNTX OF KERA , Before me, 47. Lcaht e, a Notary Publ in and for gerr County, Texas, ~n this day pereonnl ly appeared Ora A sell known to me to a the pe r eon whose name is sub_ ae ri bed to the Yoregoing instrument, an eoknow lodged t me thst he executed the same for the ~urposee end oo neideratlon therein ezprae d. Given under my hand rmd seal of oifio this th day of February, A, D. 1926. (SEAL) W. A chta, Notary Pub Lia err County, Tesae. THE STATE OF TEXAS ; COUNTY OF KERR Before me, W. A. chte, fl N tart' Public in and for Karr County, Texas, on thin deg personally apps axed Mre. uie Rues all ~ Ye of Ore Ruee all known to me to he the par eon who ee name Se eubebri bed tot a Yaxe eo Ang in at ianent, end hav iik5 b9en examined by me. privily and apart Yrom her hueban and having the same fully explained to her, she the ea id Louie Ruee all aoknow lodged each ns trmnent to be her sot nd deed, end deol axed that she had willingly signed the soma Sor he purpoaee end can ei der sti n therein ezpre seed end that she did not wish t0 rat root it. Given under my to nd d seal oP of fl ce this L7th day o February, 0, D, 1926. (SEAL) W. A. Lo ch te, Notary Puhl ia, Kerr County, Toxea, Filed for reo ord Ma ro 1H, 19 ffi, at 10;35 o'clock A, g. Re oo riled Ma roh 30, 1, 26, at 12:30 o'cl oak A, M. FIELD NOTES At7D PLAT STATE OF TEXAS COUNTY OF KERB Field Notes of Center Point Mercantile Addition to the town oP Center Point, Texas. Being a 61 ook oY lend 208 feet square bounded on the North by Kelly street, on the i'fe st by San Antonio Street end an the Eeat and South by other property. Twenty Peet is taken £rom e long the North line oY this bl ook and added to said Kelly street. It embraoae lots Nos. 1 & 2 fronting 32 feet each on ea id 20 foot strip thus ¢dded to said Kelly street and No. 3 front- ing 30 Yaet on same etr ip, al_ extending book South 92 Paet Por depth. They number fYOm the East. Lots Noe. 4 & 6 era each 48 Paet wtde card 94 Peet deep, number Prom the North and face on a 12 tt. alley on the West, Lot No. 6 lays E. 7r W. and La in the S, W. corner oP th Sa H2o ek, iso ing Kelly Street, abuts on sold 12 fo of all et' and Le 22 by 102 feat. iota Nos. 7 & 8 are aombinad in one, are 64 by 102 feet, with a 10 foot alley on the Mort h, a 12 foot alley ~an the~Eaet, Sen Antonio at rest on the Nle st and ley north of seCd lot No. 6. Lat No. 9 ie (reserved sa an ells y, Lot No. 10 is 20 Dy 102 Yee t, Yaoes on San AntonLO eL teat, lies north of said 10 foot alley, and shuts on s¢id 12 fa of ¢l Le y. Lot No. 11 Ss 28 by 102 £e et. lies North ai ae id lot Na, 10, Yeses San Anton io Street and ah uta on said 12 Ya of alley. Lot No. 12 fa 44 by 102 feet, lies North oY lot No, il, faces San Antonio Street, Se South of Xe lly ' Street and abuts on said 12 foot alley. For o more complete de sc rip tlon of this add It Lon ~, n ref ere nee is made to the map of thLs addit Lon hereto ¢ttaohed. De ing out of Sur. No. 48, J. W. Lann. I 47a, The Center Point Meraantile Company the owners of the ¢bove de ea ribed property, do hereby adopt an$ set ahlieh the foregoing field notes and plat hereto attached es the Center i Point Mercantile edditLon to the town oY Center Point, Texas, and we do hereby Brent end 'donate unto the town of Center Point all St taste and olleye therein de eor She d. r In wltne es whereof; The Center Point Mercantile Company, of Center Pol nt, Texas, has i caused The es Pre aen to to be exeout ed in Ste name and behalf, by F. D, Nele on, YSoe President. ;attested by C. J. Rees, lte Seoreta ry, and caused Ste co rpo3ate seal to ba affi zed, this the fir et day oY Maroh, 1926. ~' ~,ICORPORATE SEAL.) Center Po Lnt Me roast Lle Company ,Attest; Hy F. C. Nelson, Vice President C. J. Rees, aeo rotary. ii ',,STATE OF TEBAS a '. County of Kerr i Before me, Lhe underaigm d authority, on this day per aonally appeared F. II C. Nelson, VLae Pra aid ant end C. J. Rees, Secretary, of the Oenter Point Mercantile Camp any, eaoh known to me to be the person whose name Se eubaorib ed to the Yo re go ing inat rums nt, end each separately ¢ekn ow ledgad to me that he executed the same for the pure oa es and eons ids r- ~etioa therein expressed, Sn the aepao Sty there Ln stated, end ee the sot end deed o; the Center ~, PO~int Me roentile rC Ompany. Given under my hand and seal of offioe this let d¢y of March, A. D. ~ 1926. '~-11 ~~ (SEAL) I George L. Sellers, e 41 f\ ~/1 G a 0 h Notary Pub lie, in and for Kerr County, Teze s. our. No. 48, J. W. Lann ~XELLY STREET ,(e)l Reserved 1 9Lxaet 10, .N i' tb ~® .~ io 9 nn., ~ ~_ .uv ~~ 4b r/ ~ (' ,. „ 5 <, "'eels ~ inch _ 100 ft. Plat o£ Center Paint Idarm nt LLe Company Addi tl on to Centex °o int. Texas DY, A. 1.. Sta rkay, Surveyor. lr¢/ ~ ) - --- - ~~!°~iled for record Maroh 18, 1926, et 11;30 o'clock A. !M1. Recorded March 30, 1926, at 1;F.0 o'clock P• SS. WAR Y DP,TD THE STATE OF TEXAS KNOW ALL HY THESE PRESENTS: ;COUNTY OF KERR - ~ That I, Mrs. E. Ethridge, a widow, of the County of Kerr, State of Tease, 4or and Sn oo naidara lion o4 the sum o4 Ten (.{)10.00) and no~100 Dolls ra, to me in hand '~peid by George W. Cooper and lfe, Ruth V. Cooper, 04 Kerr County, Texea, receipt of wh LC is ~he reby acknowledged and con eased; and the further co neideratton that by the etc ep tent of this deed cold George dV. C oper end Ruth Y. Cooper aeaume the payment of the balanc princi p¢1 and interest, unpaid on t t certain monthly Lnsta llment vendor's lien note Yor lncipnl sum 03 X709.00, executed by gr for of date Jan. 2, 1925, due and p¢yable to the der of V4. L. !~Co unall and Wm. Lee Sec ar, In 3 man y s al Lmente o ch and o monthly lnetall- 'I'ment of $5.00, Yir et in et ailment due Fab. 2, 1925, and an add Lt tonal ins meat due end P¢y- able on the 2nd day oY eaoh aucoeeding month thereafter, with interes on each Lnst nl lmant at i !rata of 10~ per en num from date of note until paid, Wn ich note prov dee for us 1 10°o attorney's fees, and paym®t thereof is aeoured by vendor's lien agn Lnst her Ln conveyed rope rty; have Granted, sold and Conveyed, end by the ae pree e