ORDER N0. 2790
REVISION OF FLAT
AND SET pURLIC HEARING
On this the ;.7th day of Jan~_iar^y, ~00~, ~_~pon motion made by
Commissioner Nicholson, seconded by Commissioner Let z, the
Court unanimously approved by a vote of 4-0-0, to consider' the
alternate plat approval for a revision of plat for'
Lots 43 R 44A of Cypress Springs Estates, G'hase 1,
and set a public hear^ing on the same for 10:00 a. m. on march
10, :.003.
~ ~ 9sv
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: January 27, 2003 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider "Alternate Plat Approval" for a Revision of Plat for Lots
43 & 44A of Cvnress Springs Estates, Phase 1 Volume 7 Page 12
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston, P.E./Lee Voelkel.
ESTIMATED LENGTH OF PRESENTATION: 15 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 prepazed 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 earliest opportunity. See
Agenda Request Rule Adopted by Commissioners' Court.
•
~ APPEND I
ROUTING SLII' y~I,.~~.h~ ~t,.~~ ~~I
Kerr County Application for Final Plat of a Subdivision
Name of Subdivision:
Office Use Only
Date Received by R&B

Location of Subdivision: ~ t ~, ~-~ _ Precinct !~ ~ ~.i~'f~j•~~ ~ •
``~~ ~
Owner/Bc~loper: IY 1 t 'L3`•~~~ E~ l `''1'j ~ ~ ~ Phone ~t• ~ ` ~ - ~ ~~
~ ~
Surveyor: ~ ? ? !' ~~ ~~ '~ Phone , i'~ ~~ ~ - • ~ ''~
Is this part of an existing subdivision? Yes (Tsj~1o ( }
If yes, Name: may; ~;,'~y~~; r~~~j` ~j~~~ ~~ y ,~, [ Volume ~ ,Page ` i .
AGENDA DATE REQUESTED: ~ ~ r e ~ ~ ~ '~J'~
Person(s) appearing before Commissioners Court: ~,~~~J{ ~~~
1. Final Plats are to be submitted to the Kerr County Engineer, for Review Twenty-one (21}
days prior to next Commissioner's Court Date.
Signature:
e~.-
Date
~~oz
2. Copy of Final Plat to County Clerk and arrange for payment of fe~ s pct Kerr County
Subdivision Ru~~lenns,, & Regulations. ~~ 7~T ~UL_J
Amount Paid $~W S' ~ ~~(~ ~-•-
(County Clerks ce) to
3. Upper Guadalupe R,,iv~~erllAuthority [ j Septic Permit
Fee Amount Paid $ ~ ~ - W Signature: ~ t ~ l 3.03
RA ce) Date
[ j Not required Signature:
(Kerr County Engineer} Date
4. Submit one (1) copy of Final Plat of Headwaters Groundwater Conservation District
,~~ Fee Amount Paid $ Signature:
GCD Office Date
(H )
[ ]Not required Signature:
(Kerr County Engineer) Date
* * You must then COMPLETE this form and return it to the County Engineer Fifteen (14)
days before Commissioner's Court Agenda Date.
Kerr County Subdivision Rules & Regulations -Juno td, 2002, Revision Court Order H 27597
Appeadix -Page 16
X43`7'7 YOI. ~OOgPAGEO~~2
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this
"Declaration") made this ~. day of,t2000, by the undersigned ("Declarant", whether one or
more};
WITNESSETH:
Declarant is the owner of the real properties described in Exhibit "A" attached hereto and
made a part hereof for all purposes ("Properties"} and desires to subject the Properties to the
covenants, conditions and restrictions, hereinafter set forth.
Adjacent to the Properties is Cypress Springs (herein so called) according to the plat thereof
of record in Volume 7, Page 12, Plat Records, Kerr County, Texas, with respect to which, and as
defined and provided therein, Cypress Springs Estates Property Owners Association, Inc.
("Association") has been formed.
NOW, THEREFORE, Declarant declares that the Properties are and shall be held,
transferred, sold, conveyed and occupied subject to the covenants, conditions and restrictions
(sometimes referred to as "Covenants, Conditions and Restrictions") hereinafter set forth.
ARTICLE I
The Properties (and each separate lot or tract situated therein) shall be occupied and used as
follows:
1. The Property may be subdivided into not more than seven (7) tracts or lots
containing not less than thirty (30} acres.
2. The Property may at the option of Declarant (which option and rights are reserved
by Declarant) at any time hereafter be expressly annexed into said Cypress Springs and made
subject to each and all of the Restrictions for Cypress Springs set forth in Volume 1006, Page 53,
and Volume 1050, Page 48, Real Property Records, Kerr County, Texas.
\~
ARTICLEII ~Q~- ~-OO~PAGEO~~3
Section 1. oration. The Covenants, Conditions and Restrictions of this Declaration shall
run with and bind the land subject to this Declaration and the owners of any Land subject to this
Declazation, and such owner's respective legal representatives, heirs, successors, and assigns, for a
term of thirty-five (35) years from the date that this Declaration is recorded, after which time said
covenants shall be automatically extended for successive periods of ten (10) years unless an
instrument signed by the owners of a maj ority of Properties and the Association has been recorded,
agreeing to abolish or terminate said Covenants, Conditions and Restrictions in whole or in part;
provided, however, that Declarant may unilaterally terminate said Covenants, Conditions and
Restrictions by execution and recordation of such termination IF AND CONCURRENT with the
release by Declarant of the access easement to the Properties described in Exhibit "A", attached
hereto and made a part hereof for all purposes set forth in the Easement of even date executed by
Declarant.
ec ' Amendments. The Covenants, Conditions and Restrictions of this Declaration
may be amended in whole or in part, only with the consent of the owners of Properties and the
Association, and in each case such amendment shall be evidenced by a document in writing bearing
such of their signatures as are required for consent as herein provided. All amendments, if any shall
be recorded in the office of the County Clerk of Kerr County, Texas.
Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate them,
including without limitation restraint and/or injunctive relief for violations and/or recovery of
damages for violations; and failure to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so thereafter.
'on 4. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in nowise affect any other provision which shall remain in full force
and effect.
Section 5. eadines. The headings contained in this Declaration are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Declaration.
Section 6. Yc Any notice required to be given under the provisions of this
Declaration shall be deemed to have been properly delivered when deposited in the United States
mails, postage prepaid, addressed to the last known address of the person to whom it is addressed.
-2-
YOL.lO~i~PAGEO~~4
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have executed this
instrument this _~ day of ~ ~, 2000.
DECLARANT:
Hoyt W. Whidbee, Jr.,
THE STATE OF TEXAS
AARON WHITBY PROPERTIES, LLC,
a limited lia ' ty company
BY:
Operating Member
COUNTY OF KERR §
This instrument was acknowledged before me this °Z day ot" Map, 2000, by HOYT W.
WHIDBEE, JR., Operating Member of AARON WHITBY PROPERTIES, LLC, a limited
liability company, on behalf of said company.
.~o~ _ .
e_ . ~xrid'•. QIANE K. GREEN
:~~6 ~ ' Notary Publ(e, BtaU of 7sxaa
~c: * : ity ~omm5: s5on Explrr
','~ ~,~`•' SEP?Eh1e3ER 10, 2001
• ~;.•	
.y..v.v':: i
~.
a
,(~tIG(.t.t..C~
Notary Public, State of Texas
~ Flb~ FQR R~COR~
~~ ,~
~t....~ :.~'~ Q'~Inr~ ....f.........Nl
JUN - ~ 2000
7~U/,j JANS~E'tT R{i=PER
Cleric Ccun Cou. Kerr Gounty, cas
Deputy
t
FILED BY' KERB COUNTY
A~SI`F~ACT ~ ~'I7LE CO.
-3-

FIELD NOTES DESCRIPTION FOR 361.61 ACRES OF LAND OUT yOL. 1 O 6 $ PAGE O ~ ~ 5
OF THE AARON WHITBY PROPERTIES LAND ADJOINING
CYPRESS SPRINGS ESTATES PHASE 1 IN KERR COUNTY,
TEXAS
Being all of a certain tract or pazcel of land containing 361.61 acres, more or less, out of G.C. & S.F. Ry. Co. Survey No. 1825,
Abstract No. 1 173 in Ken: County, Texas; part of a certain 885.93 acre tract conveyed from Rodney Carlisle, et al to Aazon Whitby
Properties LLC by a Warranty Deed executed the 20~' day of May, 1998 and recorded in Volume 952 at Page 58 of the Real
Property Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows:
BEGINNING at a fence comerpost for the northwest corner of the herein described tract and said 885.93 acre tract, the southwest
comer of a certain 138 acre tract conveyed from Kenneth Miles Cruikshank, et ux to L.A. Williams, et ux by a Warranty Deed
executed the 30~` day of September, 1950 and recorded in Volume 89 at Page 300 of the Deed Records of Kerr County, Texas;
which paint bears 2833.4 ft. North and 213 ft. East from a rock mound, the east common comer of Survey Nos. 1578 and 1837;
THENCE, near a fence with the north line of said 885.93 acre tract 5.89°45'17"E., at 1814.5 ft. passing 11.5 ft. South of a fence
comerpost, the southeast corner of said 138 acre tract and westerly southwest corner of a certain 260.16 acre tract conveyed from
Frost National $ank of San Antonio to Pedro G. Villarreal, et ux by a Special Warranty Deed with Vendor's Lien executed the 30`~
day of December, 1992 and recorded in Volume 671 at Page 679 of the Real Property Records of Kerr County, Texas, then
continuing for a total distance of 3040.10 ft. to a fence cornerpost for the northeast corner of the herein described tract, a northerly
comer of 885.93 acre tract and a reentrant comer of 260.16 acre tract;
THENCE, along or near a fence with the common line between said 885.93 acre tract and 260.16 acre tract, S.00°02'04"W.,
1270.11 ft. to a'/:" iron stake found near a fence comerpost for a reentrant corner of 885.93 acre tract, the southerly southwest
comer of 260.16 acre tract;
THENCE, upon, over and across said 885.93 acre tract South, 4250.89 ft. to a %:" iron stake set near a fence, the south line of
885.93 acre tract and north line of Riverside Park, a subdivision of Kerr County according to the plat of record in Volume 1 at
Page 70 of the Plat Records of Kerr County, Texas for the southeast comer of the herein described tract;
THENCE, along or near a fence, with the common line between said 885.93 acre tract and Riverside Park N.89°52'09"W., at
1834.43 ft. passing 0.25 ft. North of fence cornerpost marked with a 'h" iron stake, the northwest corner of Riverside Park, then
continuing with the south line of 885.93 acre tract for a total distance of 202538 R. to a fence cornerpost marked with a found %"
iron stake in the east line of a certain 7236 acre tract conveyed from Nina Bryan Moore and Annora Bryan Conn to Bryanola
Properties by a Warranty Deed executed the 12`b day of February, 1996 and recorded in Volume 837 at Page 625 of the Real
Property Records of Kerr County, Texas for a southerly comer of the herein described tract and 885.93 acre tract; -
THENCE, along or near a fence with the common line between said 885.93 and 7236 acre tracts: N.00°11'30"E., 1033.75 ft. to a
fence comerpost for a reentrant comer of the herein described tract and the northeast comer of 7236 acre tract; and
N.89°41'07"W., at 756.7 ft. passing 2.0 R North of a Found %i' iron stake, the northwest corner of 7236 acre tract, then continuing
with the south line of 885.93 acre tract for a total distance of 102338 ft. to a fence comerpost for the westerly southwest corner of
the herein described tract and 885.93 acre tract;
THENCE, near a fence with the west line of said 885.93 acre tract N.00°04'34"E., at 1377.7 ft. passing 9.4 ft. East of said fence, at
1656.b ft. passing 17.5 ft. east of a found rock mound, the east common corner of Survey Nos. 1578 and 1837, at 2969.1 ft.
passing 6.3 ft. East of said fence, at 3609.0 ft. passing 2.9 ft. East of said fence, then continuing for a total distance of 4490.03 ft.
to the PLACE OF BEGINNING.
sue' (g ~y § . PHONE 830-267.3313 ^ 212 CLAY STREET. KERRV~LLE, TEXAS 78028
Page 2 - 361.61 acres in Kerr County, Texas
I hereby certify that this field notes description and accompanying Y O L. ~. O S S AGE O ~ J
plat are accurate representations of the property shown and
described hereon as determined by a survey made on the ground
under my direction and supervision, except no survey was made to
reestablish Patent Survey lines or corners; and that all property
corners are as shown. No new survey was done on this date.
(Bearing basis =True north based on GPS observations). .
Dates surveyed: April I5, 1998
April 9, 1999 ,rF OF T~

Dated this 23`~ day o March, 2000	~~-,.-41a ~ E9.,-1-~
. Q`` '~ Fo' ~tf

/`)	/^NYII N^NNI.N^.N
NLEE C. VOELKEL
«» ..................
J
(l J~
~	q 3909 ~r Q
~=

Lee C. Voelkel	Q
92 •••°.FFSS~° ~'-~
~ .•
~~ ~`
Registered Professional Land Surveyor No. 3909	~,.~.~
S U r
County Surveyor for Kerr County, Texas	~
AEC R ~'~~..
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RECORDING DATE courmoFKERR }
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JUN 0 5 2000 °^~~•~u~»~•s~dA~r.,n~,~.~w~,duMRE~ROEo
in dx Olydal PuDfie Records d Red PropeAy al Ken CounlX Tww m
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CGUNTY CIERK KERB COUNTY, TEXAS > /~(/-''"'T"~
y°g
counTr ctERlc, KERR courT,~Y,1ExAs
(~,j ~ ^ PHONE 830.257-3313 ^ 212 CLAY STREET. KERRVILLE, TEXAS 78028