c~D~;~ Ne. ~~e7~~
r?PPROVE CRNCELpTION OF PLEASURE Cc_,-~~ U'..D:VISIOP•I
On this the SS+,h day of November, 2k'~Q~c, upon motion made b}~
Commissioner Baldwin, seconded by Commissioner Lets, the Co~_trt
unanimously approved by a vote of 4-0-Q, to cancel Pleas~.rra
Cliff S~.t6division as recorded in Kerr Co~_mty Subdivision
Records at Val. 1, Page 11.
COMMISSIONERS' COURT AGENDA REQUEST
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: November 25 2002 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider Cancelation of "Pleasure Cliff Subdivision"
As recorded in Kerr Countv Subdivision Records as Vol 1 Pale 1 L ~ }~C f ~>
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston P.E.
"`STIMATED 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, 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 towazds your request being addressed at the eazliest opportunity. See
Agenda Request Rule Adopted by Commissioners' Court.
IWET
Z, JR.
SCH
THEOD
ORE F
.	
~
g
/
g
/
-J•1~(orney and l.oun:le(or a~ daw	
500 Main Street, Suite B
Kemille, Texas 78028	~~
~ ~" w
	c
(
r
Phone: (830)257-2603	(
g
~~
Fax: (830)792-7136	
E-mail: schiwetz@ktacom	
September 18, 2002
HAND DELIVERED
Mc Franklin Johnston
Kerr County Engineer
4010 San Antonio Highway
Kerrville, TX 78028
Re: Request to Cancel a Subdivision and Vacate Plat
Kerrville's Pleasure Cliff Subdivision
Dear Mr. Johnston:
Enclosed please find two (Z) Requests to Cancel a Subdivision and Vacate Plat
"~ concerning the above referenced subdivision ("Requests"), which Requests have been signed by
all the landowners, and notarized.
It would be appreciated if you would present the Requests at the next commissioner's
court, and proceed with the necessary steps to obtain the required hearing by the commissioners.
When the notice to the public is forwarded for publication, it would be appreciated if you
would request a Publisher's Affidavit be completed by the Publisher with a copy of the
published notice attached to the Affidavit. It would also be appreciated if you would provide
me with a copy of that Affidavit after it is signed.
Also, please request the Tax Assessor's office [o complete an affidavit concerning their
preparation and forwarding of the required notices which are to be sent to the landowners by
that office, and upon your receipt of that Affidavit, providing my office with a copy.
It is my understanding that the landowners have made their appearance by filing of the
signed and notarized Requests. It is my further understanding that as the attorney representing
the landowners, only my appearance will be required at the hearing and the Commissioners will
not require the landowners to be present at the hearing. If I am mistaken in my understanding,
please immediately advise.
Mr. Franklin Johnston
September 18, 2002
Page 2
If you have any questions, or if you need additional information, please do not hesitate
to call.
Please let me know the date and time the Request will be heard.
Sincerely, ,%
f~~
Theodore F. Schiwetz, Jr.
TFS/smt
Encls.
cc: Ms. Vivian M. Shannon
Ms. Julie Albright
Ms. Lauren Albright Rogers
w/out encls.
REQUEST TO CANCEL A SUBDIVISION AND VACATE PLAT
TO THE COMMISSIONERS OF KERR COUNTY, TEXAS
WE, VIVIAN MARIE SHANNON, JULIE ALBRIGHT, and LAUREN ALBRIGHT
ROGERS, are all the owners, being non-developer owners, of all the lots comprising the
subdivision known as "Kerrville's Pleasure Cliff" (herein the "Subdivision"), more particularly
described as follows, to-wit:
"Kerrville's Pleasure Cliff", a subdivision of a part of Surveys No. 1303 in the
name of Wm. A. Gibbons and No. 622 in the name of D. Lowrance, according to
Plat recorded in Volume 1, Page 11, of the Plat Records of Kerr County, Texas.
A copy of the Suhdivision Plat is attached hereto as Exhibi[ "A" and incorporated herein.
The developer of the Subdivision, G.O. MADDOX, is deceased, as well as his wife, ELSIE
MADDOX, is deceased. The herein owners are their heirs and have fee title to all the lots
comprising the Subdivision, by inheritance and Court Orders. If we are considered developers,
it is by inheritance.
As all the non-developer owners (and if developers, by inheritance) of the Subdivision, we hereby
request the Commissioners cancel the Subdivision and vacate the Plat of the Subdivision, and
... request this matter be placed on the Agenda of the Kerr County Commissioners' Court upon [he
proper procedures being completed in publishing and forwarding notice of the intention to cancel
subdivision and vacate a plat as set out in the Rules and Regulations issued by the Kerr County
Couunissioners.
Executed in multiple originals on the date set forth by each owner's signature.
Da*.e:
. 2002
VIVIAN MARIE SHANNON
Date: , 2002
_ Date: ,~/, 2002
823/02
\CLents\8hannon\ V acate\Request.01
JULIE ALBRIGHT
Page 1
Acknowledgment
STATE OF TEXAS §
COUNTY OF KERB §
This instrument was acknowledged before me this day of
2002, by VIVIAN MARIE SHANNON.
Notary Public, State of Texas
Acknowledgment
STATE OF TEXAS §
COUNTY OF KERR §
This instrument was acknowledged before me this day of
.., 2002, by JULIE ALBRIGHT.
Notary Public, State of Texas
Acknowledgment
STATE OF TEXAS §
~^ §
COUNTY OF t ["a: V l S §
~~-
This instrument was acknowledged before me this ~ 3 day of SQ ~~ [r I~r r
2002, by LAUREN ALBRIGHT ROGERS.
" ~r~' m ~uzfle~i H 1=r~e~ d
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Not ~blic, State of Texas
8123/0:
\Clients\Shannon\Vacare\Request.Ol
Page 2
/i

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I i•.."•^^^.~•'oL EXHIBIT "A"
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REQUEST TO CANCEL A SUBDIVISION AND VACATE PLAT
TO THE COMMISSIONERS ON KERR COUNTY, TEXAS
WE, VIVIAN MARIE SHANNON, JULIE ALBRIGHT, and LAUREN ALBRIGHT
ROGERS, are all the owners, being non-developer owners, of all the lots comprising the
subdivision known as "Kerrville's Pleasure Cliff" (herein the "Subdivision"), more particularly
described as follows, to-wit:
"Kerrville's Pleasure Cliff", a subdivision of a part of Surveys No. 1303 in the
name of Wm. A. Gibbons and No. 622 in the name of D. Lowrance, according to
Plat recorded in Volume 1, Page 11, of the Plat Records of Kerr County, Texas.
A copy of the Subdivision Plat is attached hereto as Exhibit "A" and incorporated herein.
The developer of the Subdivision, G.O. MADDOX, is deceased, as well as his wife, ELSIE
MADDOX, is deceased. The herein owners are their heirs and have fee title to all the lots
comprising the Subdivision, by inheritance and Court Orders. Tf we are considered developers,
it is by inheritance.
As all the non-developer owners (and if developers, by inheritance) of the Subdivision, we hereby
request the Commissioners cancel the Subdivision and vacate the Plat of the Subdivision, and
_. request this matter be placed on the Agenda of the Kerr County Commissioners' Court upon the
proper procedures being completed in publishing and forwarding notice of the intention to cancel
subdivision and vacate a plat as set out in the Rules and Regulations issued by the Kerr County
Commissioners.
Executed in multiple originals on the date set forth by each owner's signature.
'~
Date: 1.; t~~-~'d~.002
Date: 1 ~'7 2
Date:
823/02
\Clients\Shannon\ V ac ate\ Request.01
2002
~ '
~~ ~ ~~~ ~
VIVIAN MARIE SHANNON
rr ~ ~- ~ ~~~~~
IE ALBRIGHT
LAUREN ALBRIGHT ROGERS
Page 1
Acknowledgmment
STATE OF TEXAS §
COUNTY OF KERR §
This instrument was acknowledged before me this ~ 7H1 day of _,
2002, by VIVIAN MARIE SHANNON.
':%~%S;,y
''~ ~ `	SHARON M. TAYLOR
•
~	Notary Public, Stete of Texas
~
'.$
~i~;;~.;f	My Commission Expires
June 14
2006
	,
	
STATE OF TEXAS §
COLJNI'Y OF KERR §
~~ n~. ~~,1~~
Notary Public, State of Tex
Acknowledgment
This instrument was acknowledged before me this o 7~/~ day of ~~
2002, by JULIE ALBRIGHT.
a n's°o~~
` ~
~	SHARON M. TAYLOR
;
~
~	Notary Public, State of Texas
~y
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•	My Commission Expires
,,;~~~ R	June 14, 2006
	
STATE OF TEXAS §
COUNTY OF §
l"-//a"L/1Y1 / Cf lCttx ~~..
Notary Public, State of exas
Acknowledgment
This instrument was acknowledged before me this day of
2002, by LAUREN ALBRIGHT ROGERS.
Notary Public, State of Texas
siz3/oz Page 2
\Clients\Shannon\Vacate\2eyuesLOl
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TMTMTM
AFFIDAVIT OF PUBLICATION
The State of Texas:
The County of Kerr:
I, Greg Shrader, publisher of the Kerrville Daily Times, a new
the County of Kerr, State of Texas, do swear that the foregoii
citation was Published in Kerrville, Kerr County, Texas, a ne
circulation published regularly in said Kerr County, Texas for
before this date on the following dates wit:
.~ 3 , 2002
2002
2002
2002
NOTICE OF PUBLIC $EAItING
CONCERNING CANCELLATION
OF RERRVII,LE'S PLEASURE
CLIFF SUBDIVISION
(VOL. 1, PG.11),
KERR COUNTY, TEXAS
[ is the intention of the Kerr County
'ommissioners Court to "Cancel
'ierrvilie's Pleasure Cliff Subdivision"
~s recorded in Kerr County
subdivision Records as Vol. 1, Pa a 11,
s provided by Texas Local
iovernment Code 232.0085.
my person who is interested in the
'roperty and who wishes to protest
rust appeaz November 25, 2002 at
0:00 a.m. in Commissioners
buttroom at Kerr County Courthouse,
00 Main, Kerrville, Texas.
A printed copy of said writ as it was published is attached hereto as a part hereof.
-~ eg Shrader
Publisher of THE KERRVILLE DAILY TIMES
Kerrville, Kerr County, TX -
Swom to and subscribed before me by the said Greg Shrader, Publisher of the
Kerrville Daily Times, on this the~~ day of-'~1B~td~.A. 2002, to certify
which witness my hand and seal of office.
N ary Pubfic,
Kerr County, Texas
,,. MEG E. GLEryN
PRINTER'S FEE .E r+aenrwac,sruaorTm~s
' .~ ; ~
~",±;ra`r OCTOBER4, 2005
10/30/02 14:10 FA% 1 830 896 1150 KERRVILLE DAILY TIMRS f~j 001
NOTICE OF PUBLIC HEARING
CONCERNING CANCELLATION
OF KERRVILLE'S PLEASURE
CLIFF SUBDIVISION
(VUL. 1, PG.11),
KERR COUNTY, TEXAS
It is the intention of the Kerr County
Commissioners Court to "Cancel
Kemille's Pleasure Cliff Subdivision"
as recorded in Kerr County
Subdivision Records as Vol. 1, Page 11,
inrnent Cade 232.0085
person who is interested in
:rty and who wishes to pn
appear November 25> 200:
a.m. in Commissio
[room at Kerr County Courthc
2x3
~~~
a J l.~Y~
~ .,~- ~~.
~'~~ ~
~. __,~ ~/
J ~/Jiti"l/Ua/
~~~
ORDER CANCELLING SUBDIVISION
On the 19"' day of September, 2002, VIVIAN MARIE SHANNON, JULIE ALBRIGHT,
and LAUREN ALBRIGHT ROGERS filed their Request to Cancel a Subdivision and Vacate
Plat (herein the "Request"), concerning the subdivision known as "Kerrville's Pleasure Cliff"
(herein the "Subdivision"), more particularly described as follows, to-wit:
"Kerrville's Pleasure Cliffl', a subdivision of a pan of Surveys No. 1303 in the
name of Wm. A. Gibbons and No. 622 in the name of D. Lowrance, according
to Plat recorded in Volume 1, Page 11, of the Plat Records of Kerr County,
Texas.
The Court finds, from testimony and documents submitted to the Court, that:
1. this Court has jurisdiction and venue of this proceeding;
2. all proper notices required to be given under the Kerr County Subdivision
Rules and Regulations have been given, and this matter is properly before
this Court; /aa ,~ pclgy~L ySA.¢iN~ o.J THa ~TT~R WA6 flF~..t~~
3. that VIVIAN MARIE SHANNON, JULIE ALBRIGHT, and LAUREN
ALBRIGHT ROGERS aze all the owners of the lots of the Subdivision,
and as the owners, agree to cancellation of the Subdivision; and
4. that cancellation of the Subdivision is in the best interest of the public.
Upon motion made by Commissioner ~ALD Iti//,~ ,and seconded by Commissioner
LE~,Z ,the Court uuauimously approves by a vote of ~- D - D ,upon due
application, notice and review, it has been shown to the Commissioners' Court of Kerr County,
Texas, that the basis required by law to cancel the herein described Subdivision exists and
therefore, by proper authority and vote of the Commissioners' Court of Ken County, Texas,
the Subdivision known as "Kerrville's Pleasure Cliff", according to the Plat thereof recorded in
Volume 1, Page 11 of the Plat Records of Ken County, Texas, is hereby cancelled and revoked
and the owners of the land in said Subdivision are empowered to file an instrument cancelling
the Subdivision.
\Clirnis\Shannon\Dacs\Vece4`Arder.0i Page 1
1121/02
The Clerk of this Court is hereby directed to file this Order in the Real Property Records
of Ken County, Texas, and upon this Order being filed and recorded, the property shall be
treated as if it has never been subdivided, and the Chief Appraiser of Kerr County, Texas shall
assess the property accordingly.
SIGNED this ~~ day of ~ [ ~ ~/. , 2002.
KERR COUNTY JUDGE
DERICK L. ~ ~ KE
KERB COUNTY COMMISSIONERS:
i~
n ~'
By:
H.A. "BUSTER':
By:
By:
By:
~Clirnts~SVumwn~Docs\V aute~der.0 ~
i ~anm
c
Page 2
WILLI ~"BII.L" WILLIAMS