ORDER N0.28b50
RESOLUTION OF CONDEMNATION OF
RIGHT OF WAY FOR THE
HERMANN SONS GUADALUPE RIVER BRIDGE
CONSTRUCTION PROJECT
On this the 17th day of May, 2004, upon motion made by
Commissioner Letz, seconded by Commissioner Nicholson, the
Court unanimously approved by a vote of 3-0-0, of Resolution
for condemnation ofRight-of--way for Hermann Sons Bridge
Project.
ORDER NO. 28650
RESOLUTION
Concerning the Acquisition and Authorization of Condemnation of Right-of--Way
for the Hermann Sons Guadalupe River Bridge Construction Project
WHEREAS On October 20, 2000 the Hermann Sons Road Guadalupe River Bridge was destroyed in
its entirety by a flood of the Guadalupe River; and
WHEREAS The bridge that was destroyed was part of the Texas Department of Transportation "Off
System" road bridge program and Texas Department of Transportation committed to
replace the Hermann Sons Road Guadalupe River Bridge along with the assistance of
Kerr County; and
WHEREAS The Hermann Sons Road Guadalupe River Bridge is vital for the health, safety and
welfare of the residents of the community including the residents of Hermann Sons
retirement home, Hermann Sons youth camp, the Pot-of~old youth camp and the
residents of Kerr and Kendall Counties; and
WHEREAS In 2001 Kerr County with the assistance of the State and Federal government constructed
a temporary bridge to cross the Guadalupe River on Hermann Sons Road; and
WHEREAS In early July 2002 a series of floods washed out and destroyed the temporary bridge and
the Texas Department of Transportation and Kerr County accelerated the plans for the
construction of the permanent replacement Hermann Sons Road Guadalupe River
Bridge; and
WHEREAS Texas Department of Transportation and Kerr County will share the construction cost of
this project on a 90 % to 10% basis and Kerr County will be 100 % responsible for all
right-of--way cost and acquisitions; and
WHEREAS Kerr County Commissioner's Court has approved participation in this project by Court
Order No. 26883, February 12, 2003, Court Order No. 28467, December 22, 2003, and
Kerr County has budgeted for this project; and
WHEREAS Kerr County Commissioner's Court approved the final alignment of the replacement
Hermann Sons Road Guadalupe River Bridge as recommended by Texas Department of
Transportation by Court Order No. 27928, January 13, 2003; and
WHEREAS The Kerr County Commissioner's Court authorized and approved the surveying and
appraisal of the designated tracts by Court Order No. 27441, February 25, 2002; and
WHEREAS The surveying of the designated tracts were performed and prepared by the County
Surveyor, Lee C. Voelkel, Registered Professional Surveyor No. 3909 and the County
Surveyor was paid for the work performed; and
WHEREAS The appraisals of the designated tracts were performed by Mr. Lonnie Marquardt, State
of Texas Certified -General Real Estate Appraiser, Certification Number TX-1322230-
G, and the appraiser was subsequently paid for performing these appraisals; and
WHEREAS One of the designated tracts ofright-of--way to be acquired is owned by Raul P. Tijerina,
and wife, Lorene R. Tijerina and this tract is described on Exhibit "A" to this resolution
and Mr. Lonnie Marquardt appraised this tract, submitted this appraisal June 27, 2003
and was subsequently paid for preparing this appraisal; and now therefore be it
RESOLVED The Kerr County Commissioners' Court declares and reaffirms that the construction of
the replacement Hermann Sons Road Guadalupe River Bridge and the acquisition of
right-of--way pursuant to same is a public necessity; and may it be further
RESOLVED The Kerr County Commissioners' Court declares and reaffirms that it has authorized
Kerr County Commissioner Precinct # 3, Jonathan Letz to make the offers to purchase
the necessary right-of- way for the construction of the replacement Hermann Sons Road
Guadalupe River Bridge and Kerr County Commissioner Precinct # 3, Jonathan Letz
made offers to purchase the right-of--way at the appraised value to Raul P. Tijerina, and
wife, Lorene R. Tijerina, by letter dated August 20, 2003; by certified letter dated
September 16, 2003, Certified Letter No. 7099 3400 0014 0732 3204; and by certified
letter dated November 13, 2003, Certified Letter No. 7099 3400 0014 0732 3150; and
may it be further
RESOLVED The Kerr County Commissioner's Court declares and reaffirms that it authorized Ken
County Judge Pat Tinley to execute all deeds and other necessary documents to finalize
the acquisition and closing of the right-of--way tracts; and may it be further
RESOLVED The Kerr County Commissioner's Court declares and reaffirms that it has given the Kerr
County Attorney the right to file condemnation actions, if necessary, to acquire any or all
of the right-of--way tracts designated for the Hermann Sons Road Guadalupe River
Bridge construction project; and may it be further
RESOLVED The Kerr County Commissioner's Court declares and reaffirms that Kerr County
Commissioner Precinct #3, Jonathan Letz is authorized to make any decisions and take
any actions to facilitate the acquisition of right-of--way for the Hermann Sons Road
Guadalupe River Bridge construction project within the confines of all the
aforementioned Court Orders.
ADOPTED BY KERR COUNTY COMMISSIONERS COURT THIS
17"{ DAY OF MAY, 2004.
~..~ s~w
~ ~~
Pat Tmley, County Judge /J
< t
~Vlll/am H. Williams,
Commissioner, Precinct 2
/ l/ I~ 4
Dave icholson,
Commissioner, Precinct 4
H. A. "Buster" Baldwin,
Commissioner, Precinct 1
FIELD NOTES DESCRIPTION FOR 0.41 ACRE OF LAND OUT OF
THE RAUL P. TIJERINA LAND ALONG ALTENHEIM ROAD
(AKA HERMANN SONS ROAD) IN KERB COUNTY, TEXAS
Being all of a certain tract or parcel of land containing 0.41 acre, more or less, out of Anselmo Galban Survey No. 28, Abstract No.
148 in Kerr County, Texas; part of a certain 1.8 acre tract conveyed from Jim T. McDonald, et al to Raul P. Tijerina, et ux by a
Warranty Deed executed the 25'x' day of June, 1993 and recorded in Volume 699 at Page 636 of the Real Property Records of Kerr
County, Texas; and being more particularly described by metes and bounds as fi~llows:
BEGINNING at a '/~" iron stake found in the south right-of--way line of Altenheim Road (aka Hermann Sons Road), a public road
for the northeast corner of the herein described tract and said 1.8 acre tract and a westerly corner of a certain 141.120 acre tract
conveyed from Alfredo Avalos to Rancho Avacienda, L.L.C. by a Special Warranty Deed executed the 4'I' day of May, 2001 and
recorded in Volume 1 121 at Page 777 of [he Real Property Records of Kerr County, Texas;
THENCE, with the common line between said 1.8 and 141.20 acre tracts S.00°06'40"E., 6.56 ft, to a set '/:" iron stake set for an
easterly corner of the herein described h•act;
THENCE, upon, over and across said 1.8 acre tract, all calls to set'/z" iron stakes: S.25°22'16"W., 29.85 ft.; S.29°18'39"W., 36.32
R.; S.33°13'24"W., 36.31 ft.; S.37°08'53"W., 36.32 ft.; S.41°05'10"W., 36.32 it.; and S.45°00'22"W., 36.31 ft. to a %" iron stake
set on the north bank of the Guadalupe River and south line of 1.8 acre tract for the south corner of the herein described tract;
"1'I IIiNCE, with the said north bank of the Guadalupe River and south lint of 1.8 sla~c Iraq: N.t,3"02'32"W., 64.(iG II. to a set ''/z"
iron stake; N.59°02'51 "W., 56.73 It. to a set ''/2" iron stake; and N.72°01'52"W., 31.10 tt. to a ''/z" iron stake set in or near a fence,
the said south right-of--way line of Altenheim Road and north line of L8 acre tract for the west corner of the herein described tract;
THENCE, along or near said fence with the south right-ot=way line of Altenheim Road and north line of 1.8 acre U•act
N.67°08'05"E., 280.63 ft. to the PLACE OF BEGINNING.
I hereby certify that this field notes description and accompanying 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.
Dates Surveyed: March 21, 2003
March 28, 2003 -
Dated this 1111i day December, 2 03 •.
Lee C. Voelkel
Registered Professional Land Surveyor No. 3909
County Surveyor for Kerr County, Texas
Oe~ (•~~,Uf~(£LGtUGJ~, G 4N)L$MC'~IIG9Gc . PLLC ^ PHONE 830-257-3313 ^ 212 CLAY STREET, KERRVILLE. TEXAS 78028
SURVEY PLAT FOR 0.41 ACRE OF LAND, MORE OR LESS, OUT OF
ANSELMO GALBAN SURVEY NO. 28, ABSTRACT NO. 148 IN KERB
COUNTY, TEXAS; PART OF A CERTAIN 1.8 ACRE TRACT CONVEYED
FROM TIM T. MCDONALD, ET AL TO RAUL P. TIJERINA, ET UX BY A
WARRANTY DEED EXECUTED THE 25TH DAY OF JUNE, 1993 AND
RECORDED IN VOLUME 699 AT PA3E 636 OF THE REAL PROPERTY
RECORDS OF KERR COUNTY, TEXAS.
SCALE : 1 " _ -100'
LEGEND
• found %," iron stake
p set %' iron stake
~- fence
96.41 ACRES
Clement, Jr. to Steen
Vol. 226 Pg. 652
10/03/79
Q	
Q
°	
	0	
	z	
~		
	0	
~	z	
W	o	
x	~	
z
W	~	141.120 ACRES
E
..~	z	Avalon to Rancho Avacienda
~	~	Vol. 1121 Pg. 777
Q	Q	05/04/01
a		
a		
O		
		
V		
C]		
		
a		
BEGINNING POINT is the northeast
corner of 1.8 acre tract
~~Fa3 SQ~7ot~,~,~E 16.~~
52rj ~ 22' [Ca"vy 2~ g5~
~~
\ ~~ ~$~ 52~°!g'3~ YY, 3.32'
N s33° 13'24=' Y~l , 3G. 3 ~ '
bridge 0.41 ACRE
:.l~~b outl `-- 537 °a8'S3"~! ~ x.32.'
n~t2 o~'5z"`~ ~-- sot°o 'ta'`~Y, 3~.3~'
3t•fQ'
N~°o2'5tu~ - - sa~°oo' ~"~Y, 3G.31'
5t^o ~ 3'
rl63°a2` 32"stir
to¢.G6' -
1.8 ACRES (remainder)
McDonald to Ti}erina
(l'~ Vol. 699 Pg. 636
06/25/93
dq~
CAF
~L~
I hereby certify that this "plat and accompanying field notes description are accurate
representations of ttie 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.
(Beazing basis ~ True north based on GPS observations)
Dates Surveyed: March 21, 2003
March 28, 2003
Dlalteff d this 1 t'" day of December, 2003
Lee C. Voelkel
Registered Professional Land Surveyor No. 3909
County Surveyor for Kerr County, Texas
s ..~"~ ~ f~~ j t Lri~
~~.~ ,oo atl;,`t,
~~d ~b ~ ~ ^ PHONE 830-257-3313 ^ 212 CLAY STREET, KERRVILLE, TEXAS 78028