ORDER N0.29630 ABANDON, VACATE AND DISCONTINUE APPROXIMATELY 89.83 FT. OF DRUMMOND DRIVE AND SET PUBLIC HEARING FOR SAME Came to be heard this the 10th day of April, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Set a Public Hearing for May 22, 2006 at 10:13 a.m. for considering abandoning, vacating, discontinuing approximately 89.83 feet of Drummond Drive. ag I~~v ~.7 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom MEETING DATE: Apri110, 2006 OFFICE: ROAD & BRIDGE TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to consider abandoning, vacating and discontinuing approximately 89.83 ft of Drummond Drive and set a Public Hearing for same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON} NAME OF PERSON ADDRESSING THE COURT: Leonard Odom ESTIMATED LENGTH OF PRESENTATION: 10 minutes [F 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 as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. 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 you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. --v_`rt __ -° NOTICE OF PUBLIC HEARING CONCERNING ABANDONING, VACATING AND DISCONTINUING 89.83 FEET OF DRUMMUND DRIVE, KERR COUNTY TEXAS It is the intention of the Ken County Commissioners Court to "Abandon, Vacate and Discontinue" approximately 89.83 feet of Druimnund Drive as recorded in Kerr County Subdivision Records as Vol., Page 4, page 259. Any person who is interested in the property and who wishes to protest must appear May 22, 2006 at 10:00 a.m. in Commissioners Courtroom at Kerr County Courthouse, 700 Main, Kerrville, Texas. Z:\Rit\CLIENTUonsHR\6670.Petition Road\Petition.doc STATE OF TEXAS § COUNTY OF KERB § No. COMMISSIONERS' COURT OF KERB COUNTY, TEXAS PETITION TO DISCONTINUE ROAD TO THE HONORABLE COMMISSIONERS' COURT OF KERB COUNTY, TEXAS: WHEREAS, there presently exists an easement and right of way known as part of Drummond Drive, over and upon a 0.11 acre, more or less, tract of land owned by H. Ritman Jons and lying and being situated in Precinct No. 1, Kerr County, Texas, being more fully described by beginning point and terminating point in the survey plat prepared by Lee Voelkel attached hereto as Exhibit A and incorporated herein for all purposes, such easement and road being presently utilized as a public road ("OLD ROAD"); and WHEREAS, such OLD ROAD has become inconvenient to use as public roads and is no longer needed or desirable to use as a public road, in that, H. Ritman Jons, Petitioner, and Hugh R. Jons, Jr. and wife, Kamme Jons own all the property on the east, north and west bottndary lines of the OLD ROAD; and WHEREAS, the only persons receiving any benefit of ingress and egress to and from their lands by virtue of such OLD ROAD are H. Ritman Jons and wife, Rebecca A. Jons and Hugh R. Jons, Jr. and wife, Kamme Jons, and further such road constitutes an easement across their land thereby effectively denying them the use of the surface of the road which lies within the OLD ROAD, without any real benefit to others; and WHEREAS, it would be to the public interest to close and discontinue such OLD ROAD. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT pursuant to Section 251.052 of the Texas Transportation Code, each of the undersigned persons or entities, hereinafter called PETITIONERS, being at least eight (8) freeholders in and of the aforesaid precinct in which such OLD ROAD is desired to be discontinued, hereby respectfully petition the Honorable Commissioners' Court of Kerr County, Texas, (hereinafter called the "COURT"), to discontinue and permanently close the above described and above mentioned OLD ROAD, and further to place this matter on the agenda of the Court for action at the first regular or special meeting of the Court occumng as soon as possible after expiration of twenty (20) days from the date of posting of this Petition. PETITIONERS further respectfully allege that such action by the Court would be expedient and would better serve the public interest. 1 Z:\Rit\CLIENTVonsHR\6670.Petition Road\Petifion.doc Statutory notice of this Petition will be given by posting one copy of same at the Courthouse door of the County Courthouse, Kerr County, Texas, and further by posting one copy each at two other public places in the vicinity of the route of such OLD ROAD, all for a period of at least twenty (20) days, all as required by law. Each of the undersigned affirm that such person or entity is presently a freeholder of Commissioner's Precinct No. 1, Kerr County, Texas. Respectfully submitted, 1. 3. Printed Name: H. Ritman Jons 5. Printed Name: Hugh R. Jons, Jr. 7. Printed Name: Roy E. Kelly, Jr. Printed Name: Gordon Polk 2 Printed Name: Rebecca K. Jons 4. Printed Name: Kamme Jons 6. Printed Name: Virginia M. Kelly 8. Printed Name: Craig L. Leslie 2 EXHIBIT A FIELD NOTES DF,SCRIPTION POR PART OF DKUMMLIND D W VE (N KERR COUNTY, TEXAS Being all of a certain tract or parcel of land containing 0-I 1 acre, more or less, out of G.C. & S.F Ry Co Sw vey No 1609, Abstract No. 1004 in Kerr County, Texas; the north pan of Ummmund Drive, a fifty (511) ft. wide public road reserved as a 1852 acre roadway easement in a Warranty Deed from David McGee, et ux to Roger O Drununond, et ux executed (he 29°i day of January, 1976 and recorded in Volume l85 at Page 71 oC the Decd i2ecords of Kerr Q+mnV, Texas and a Roadway Easement conveyed Crom Roger O Drummond, et ux to Kerr County by an easement executed the 18" day of June, 1979 and recorded in Volume 10 at Yage 766 of the basemen[ Records of Kert County, Texas, and being more panicularfy described dv metes and bounds as Follows DEGRdN ING at a 'ii" iron stake found at a fence curnerpo>t in the west line of Lot Z of Kerr View Estates, a subdivision of Kcir County according [o [he plat of record in Volume 4 at Page 259 of [he Yla[ Records of Kerr Cuunry, Texas for the northeast cornet of [he herein described tract, the northeast corner of a certain 4A42 acre tract conveyed from Kimberly Davidson Richards [u Gregory Alan Wall, et ux by a Warranty Deed with Vendor's Lien executed the 14°i day oC luly, 2000 and recorded in Volwne 1074 at Page 669 of the Real Property Records of Kerr County, Texas, and the southeast corner of a certain 6.12 acre vac[ conveyed as Tract 2 from IL Ritman Jons to Hugh Ritman tons, Jr and Kanune Leigh Jons by a Warranty Dced with 4'endu['s l.ten executed the 12's day of May, 2003 and recorded in Volume 1268 at Page 518 of the Real Property Records of Kerr County, Texas: which point bears approximately 3247 ft. East from the southwest corner of Survey No. 1659; THENCE, along a fence with the common line behveen said 4.442 acre tract and Lo[ 2, S20°45'77"E. 89.83 fi. to a '~," iron slake set for the southeast comer of the herein described tract; THENCE, upoq over and across said 4.44? acre and Drummond Drive 5.69°15'58"W., at approximately 25 0 ft. passing [he Southwest line of 4 442 acre tract, [hen continuing for a fatal distance oC 50.00 ft. to a fencepost in the east line of Lot I of Kerrville Country Estates, a subdivision of Kerr County according to the plat of record In Volume 4 at Page III of the Nlat Records of Kerr County, Texas a[ [he intersection of the west right-oC-way line oC Drummond Urive and north right of-way line of Cedar Wood, a fifty (50) ft. wide public road easement for the southwest corner of the herein described tract; THENCE, along a fence with the said east line oC Lot 1, N.20°44'02"W'-, 95.23 ft. to a '/:" iron stake found a[ a fence cornerpost in the south line of said 6.12 acre tract for the northwest comer of the herein described tract and northeast corner of Lot 1, THENCE, with the said south line of 6.12 acre tract N.7S°25'56"G., at approximately 25 I ft. passing the noiYhwect corner of said 4 442 acre tract, then continuing with [he common line between 4A42 and 6.12 acre tracts for a total distance of 5025 fi. to the PLACE OF DEGiNNING. 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 comers; and [hat all property comers are as shown (Bearing basis ° True noah based un GPS observations) Dated [his 2Yid~dja//y~of June, 2005 Lee C. V oelkel Registered Professional Land Surveyor No. 3909 County Surveyor for Kerr County, Texas ~i,~/~ t~`•'Gy~~,lff~, ~ ~~~btfr'yu++. PLLC • PHONE 83P 25]-33r3 . 212 CLAY STREET KF.RRViLLF TF%n5 rH02R Page 1 of 2 SUKVLY PLAT' FOR 0.7 I ACRL OF LAND, MORE OR LESS. OUT OI~ G.C & S.I~ RY' Ct I SUKVEY NU 16F.4, AllS'LRACT NO ]004 1N KI!IZIZ COUN7l', 'll':XAS, TllF NORTH PAR"i OF URUMMUND DRIVli, A FIFLY fSU) F7 WIllE ]'UI3LIC RUAD RESP.RVGD AS A 1 852 ACRE ROADWAY GASEh[FNT 1N AWARRANTS Dl'till FR(ibl DAV1D MCOE6, 8"I' UX TO ROGER G DRUMMOND, FT UX EXECUTEll T13P ?91" UAY UP JANUARY 197fi AND RECORDED IN VOLUME 18S AT 1'AQF. 71 OF II-IF DBE.D RECOf21)5 OF KERR COUNI~Y, TEXAS AND A ROADWAY liASEMF;NT CONVEYED FROM ROGER U DRUMMOND, ET UX TO KFRR COUNTY BY AA' EASEMENT ENECCLCED l1IC 18111 DAY OF .II J'.JR, 1J79 AND 12ECORT)ED IN VOLUME JO AI~ PAGE "'(iti OF TIIP. EASEMENT IZDCORllS OF KERR COUNTY. TLiXAS ;s SCALE: I " -- 200' LEGEND 612 A%ft CS mn. ~„ I~rr~.. !, ~ vm Ilse r~slnrHeal rrpp