ORDER NO. 29668 ABANDON, VACATE AND DISCONTINUE APPROXIMATELY 95 FEET OF DRUMMOND DRIVE Came to be heard this the 8th day of May, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Abandon, vacate, and discontinue approximately 95 feet of Drummond Drive as recorded in the Kerr County Subdivision Records, Vo14, Page 111, Plat Records, located in Pct. 1, as described in the backup materials presented. a9~~ g' j~/ 3 COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom MEETING DATE: Mav 8, 2006 OFFICE: ROAD & BRIDGE TIME PREFERRED: SUBJECT: Consider, discuss and take aaproariate action to Abandon, Vacate and Discontinue aauroximately 95 feet of Drummond Drive as recorded in Kerr County Subdivision Records Vo14, Page 111. , pcf . 1 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom/Rit Jons 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, 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. /,~ARidCLIFN'fUunsHR\6670. Petiiinn RnaJlAffidavi[ of Posting.doc No. 29568 STATE OF TEXAS § COMMISSIONERS' COURT COUNTY OF KERB § OF KERB COUNTY, TEXAS AFFIDAVIT OF POSTING NOTICE STATE OF TEXAS STATE OF TEXAS § COUNTY OF KERB § BEFORE ME, the undersigned authority, on this day personally appeared LEONARD ODOM, who, known to me to be the Road and Bridge Administrator of Ken County, Texas, and after being by me first duly sworn, says on his oath: "1. That 1 posted a true and correct copy of the Petition To Vacate, Abandon and Discontinue Road, hereto attached, at the following places, to-wit: a. One (1) at the courthouse door of the County Courthouse of Ken County, Texas, Kerrville, Texas. b. One (1) at the beginning of the portion of the county road described in Exhibit A of such Petition to Vacate, Abandon and Discontinue Road; and c One (1) at the termination of the portion of the county road described in Exhibit A of such Petition to Vacate, Abandon and Discontinue Road. /~ 2. That said notices were posted by me on the 1 ~ day of f7~ t k- _,2,006. Affiant Road Texas SUBSCRIBED AND S WOKN TO BEFORE ME by the said LEONARD ODOM, on this the day of , 2006. .•x•04•°~:"-, USA A. BERNHARD _`. Y Nnta•y Pu61ic, State of Texas Otai PUbIIC, State Of TeXas ',ti~~.., My Commission Expires F.~H[BIT_:1 I III t~ '-l ~fi~ UI '~le!['TU~V !IrR I'AI+C ~tl I ~k I'~v1P11 [.I!Ui:IFi iV k.I Rk l'UUVII, .I ~,~', I+cinE~ .ill .I ., ~_ninm b.rl ,n ,:.u o~l ~J Ian on!mn m~ V I I a, rc mart rrt Imti ~ml ~dl~ ~_ L `, I li, i ~~ `.n~~-. .~~ 'o. ~i ll~',h eii ti~~ Inrvl m h'rrr l_nun!~- Yeses. the rm d~, pd r'. of U~onnnum Ihi~r a lilr.. 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I r ~.n .,_ . ! e•.a~ wlith ~:~;nl l -ar. ,ihp.ox nn-irciv 3Z4', @ i.a~.l knnu the xmihs+c:. ~nnler o~ ~unuy ".,~ Ih ~v I Hi_.Rl I, alnnr h~nec ~+ilh the enmmem lute beUecen naid 4 :1C2 a^ l!r~l end i-i ~ 2 S 3U 4~ ''G b~1 ''. ~. u n .... .[I h~i IL,-surd hrn.; wciet .~', Qlo herein dcxnhed tract, Il lh ti~ I. upu~i, us ~• and ear, said ~7 J4L amore and L~rummund D.,~: ~n4 1".}". ..: .:l,l. 'aamal _I', i I„, i- ~~. o li `.t~bc ~I ~InC ut J 7~1 :' a'Te IfBQ, Ihfn wni MA 1~ fur v fLtlal a'inf e ~ CII hU , ~ a ftm ~Iv~~l ili lI1C - I .nr' of I ~.I ~, 4'.rn .lJc Suumr. ~ sritrs. a sal, .in isi~,n ui ken (aunt ac urd:n~ :o iP .~ ..lal u: ism, ,d ~•.l l' la.~.l~, :.a .: c I I . ~ l.l... 11e~ ,l ~.l k„r t ~ m Iv. I sya` r the rverti, wan l; the wc~l n~hl ,.' su, .Pe .J ih un',n a^ul I ~n...l J .not l r'1l-~a s. .. .~_ .~~ ~Jl O -, a [1!C. sO if s~iti~ ~.ae mad easement for the s ,u.m.vr ~ -~ler n d c m.u CeSw heu tl a~ I i7{I,^:(~F. .!ua~ d li ~eC ~c~ lirv~> ql znmet s, and that all ;y:u;rr; inlnrrv ate a~,+In„cn. IHennnp Yalu true ~n ~ ~a b, h, ~... d u n 1, P'~ ub.m au„l r. t ~dD,d lYu .''._'l~' de', t Iurc, J.IIII l ~ ' I ~ I l 1. ., l al - d Su ~- ~n ivy ;yU`i uu i ~ ,r G. r.ur ,.;n , l ctias ! `` s ° s \ ¢ r~ f s ~ . ~ ~, LEE ~ Jt. ,") I \\ \ r ~.: a li ~ v:, vt n3n Z.' aloe - ~rr.i[r .,, ~., l ~. ~ ,~ Page 1 of 2 :1'i' i P: ~V 1~~N ii 11 '~~ I+~ ~~I-I .~~:;~''.;VI'I-~~I; iii gi u~i l'~~ i~Ia'47}.ti R~'I~ Il ~~.~ ~~,_~~.~~. I1,U IIII.. I~.~,~ ~~i ..~ ,~~ t. nra~ Ili i~~I~I '-~ 1;. A~~I I'~;~-]L 15 ~I I':~UI ~~'. i~P ill IU7.1~ ~;.i Bbl ~~I }II I'~~"..'".. ~~-?..`+.. :1'VU:+Ki ~ill'~ 1P.iASI 1P~„tU''.`I'(hl~l]?~-~r ~~4°.• IU !'~L.1~~`:I~ I I l"{l~l p,I K]! ~'~~L~ .. ~a'a r~~;l'16'.,~ ~~~.~~~~I I~ i,l .. ' 1~~' ~~P ~1 '.1 1"~~,~ 451 A7-~f~i,1~P.1~ ... '.~~Ii', .. I~ ',l P.~.~~; ~~~ . Il!I L ', ~ I bl l ' I I U ~ ~ V! q', ~ ~ P k_ I J (g r i i l ~. ~ ! '( I , . _ , ~.i, ~<<, ~xa x i,.,i r. ,_.~,. ~~~.,~,~~ i.~~e i i i ~ ._ . .~~~. ~. _ -. _~.-- ~~. . , w ~_ EXHIBIT A Page 2 of 2 Z:\Rit\CLIENTVonsHR\6670.Petition Road\Petition.doc 29668 STATE OF TEXAS § COMMISSIONERS' COURT COUNTY OF KERR § OF KERR COUNTY, TEXAS PETITION TO VACATE, ABANDON AND DISCONTINUE ROAD TO THE HONORABLE COMMISSIONERS' COURT OF KERR 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 boundary 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 vacate, close, abandon 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 vacated, abandoned and discontinued, hereby respectfully petition the Honorable Commissioners' Court of Kerr County, Texas, (hereinafter called the "COURT"), to vacate, discontinue, close and abandon 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 occurring 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. Z:\Rit\CLIENTUonsAR\6670.Petition Road\Petition.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. 5. 7. 2. ~ ~G(~ Printed Name: Rebecca K. 4. ~/V~~'Ki r Printe Name: Kamm o s 6. Printed Nam .Virginia M. Kellv 8. Printed 2 Printed Name: Gordon Polk EXHIBIT A FIELD NOTES DESCRIPTION FOR PART OF DRUMMUND DRIVE IN KERB COUNTY, TEXAS Being all of a certain tract or parcel of land containing 0.11 acre, more or less, out of G.C. & S.F. Ry. Co. Survey No. 1669, Abstract No. 1004 in Kerr County, Texas; the north part of Drummond Drive, a fifty (50) ft. wide public road reserved as a 1.852 acre roadway easement in a Warranty Deed from David McGee, et ux to Roger 0. Drummond, et ux executed the 29'" day of January, 1976 and recorded m V oftune 185 at Page 71 of the Deed Records of Kerr County, Texas and a Roadway Easement conveyed from Roger O. Drummond, e[ tix to Kerr County by an easement executed the 18'" day of June, 1979 and recorded in Volume 10 at Page 766 of the Easement Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING a[ a !:" iron stake found at a fence cornerpost in the west Tine of Lot 2 of Kerr View Estates, a subdivision of Kerr County according to the plat of record in Volume 4 at Page 259 of the Plat Records of Ken County, Texas for the northeast corner of the herein described tract, the northeast comer of a certain 4.442 acre tract conveyed front Kimberly Davidson Richards to Gregory Alan Wall, et ux by a Warranty Deed with Vendors Lien executed the 14"' day of July, 2000 and recorded in Volume 1074 at Page 669 of the Real Property Records of Kerr County, Texas, and the southeast corner of a certain 6.12 acre tract conveyed as Tract 2 from H. Ritman loos to Hugh Ritman loos, Jr. and Kamme Leigh Jons by a Warranty Deed with Vendor's Lien executed the 12'" day of May, 2003 and recorded in Volume 1268 a[ Page 518 of [he 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 between said 4.442 acre tract and Lot 2, S.20°45'37"E. 89.83 ft. m a'/~' iron stake sei for the southeast corner of the herein described tract; THENCE, upon, over and across said 4.442 acre and Drummond Drive S.69°15'58"W., at approximately 25.0 ft. passing the southwest line of 4.442 acre tract, then continuing for a total distance of SD.00 K. [o 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 Plat Records of Kerr County, Texas a[ [he intersection of the west right-of--way line of Drummond Drive and north right-of--way line of Cedar Wood, a Efty (50) ft. wide public road easement for the southwest comer of the herein described tract; THENCE, along a fence with the said east line of Lot 1, N.20°44'02"W., 95.23 ft. to a Y," iron stake found at a fence cornerpost in [he south line of said 6.12 acre tract for the northwest comer of the herein described tract and northeast corner of Lot I; THENCE, with the said south line of 6.12 acre tract N.75°25'56"E., at approximately 25.1 fi. passing the northwest corner of said 4.442 acre tract, [hen continuing with [he cotrmron line between 4.442 and 6.12 acre pacts for a total distance of 50.25 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 grortnd under my direction and supervision, except no survey was made to reestablish Patent Survey lines or corners; and that all property comers are as shown. (Bearing basis =True north based on GPS observations) ~, _ ": „, Cr Dated [his 22n ut June, 2005 d a y ~~°(s i E °°=,-iy r' H P /~ F ~ 0 / /''~ 1 ( 1 1 t1t~ lJ ' V ~ FLEE G° VCi t. i~; r'~ Lee C. Voelkel `~ y 3909 a-, Kegistered Professional Land Surveyor No. 3909 9~ °Fessl~o ~" `~ ' CounTy Surveyor for Kerr County, Texas ,,spa ~ AJI.`~.;.:~~ ~~~,~ Qg [(f]~('js, PLLC • PHONE a30~261-3313 • 212 CLAY STREET, KEPPVRLE. TE%AS >6028 Page 1 of 2 SURVEY PLAT FOR 0. L 1 ACRE OP LAND, MORE OK LESS, OUT OF G.C. & S.F kY CO. SURVEY NO. 1669, ABS"fRACT NO. 100A IN KERR COUNTY, TEXAS; THE NORTH PART OF DRUMMUND DRIVE, A FIFTY (50) FT. WIDE PUBLIC ROAD RESERVED AS A 1.852 ACRE ROADWAY EASEMENT RV A WARRANTY DEED FROM DAVID MCGEE, ET UX TO ROGER O. DRUMMOND, ET UX EXECUTED THE 29TH DAY OP JANUARY, L976 AND RECORDED IN VOLUME 185 AT PAGE 71 OF THE DEED RECORDS OF KERR COUNTY, TEXAS AND A ROADWAY EASEMENT CONVEYED FROM ROGER O. DRUMMOND, ET UX TO KERR COUNTY BY AN EASEMENT EXECUTED THE 18r" DAY OF JUNE, 1979 AND RECORDED IN VOLUME 10 AT PAGE 766 OF 7HE EASEMENT RECORDS OF KERB COUNTY, TEXAS ® ~T ~ Sa F u 6.13 ACRES ~ - SCALE:1"=200' maamlpn:. ), g; Vol 12fi8 Pg. i I8 (Real Propesry Recortls) v LEGEND \~~ osnz/o3 z v ~e w E m ~ LOT2 0 found K" iron uaAe ~~ KERft VIEW ESTATES H~S'2~i56"E Vol 4Pg 759lPlar Records) ul %° iron saAe 5p 25' • rrnapos' r12o°44'OZ'va' _520°4537°E fence KERRVILLE COUNTRY ESTATE595,2°j' 89.x3' SI RbCPN VoIA P&. 111 (Plat Aecordsl // ~ (] 11 ACRE SpR AfY O~6/\9 ~~ i~ ~ / ~ DRUMMUND DRIVE iOFT. WIDE PUBLIC ROAD CEDAR WOOD ROAD ~ 50 FT. WIDE PUBLIC ROAD EASEMENT ~ Rcf. Vol.4 Pg. 111 (Plat Accords) ROADWAY EASEMENT Drummond ~o Kcrt County ROADWAI'EASEMENT: LBR ACRES VoI. IO Pg tdb (Eazement Records) Reserved m pad OF/18l]9 Magee tv Drummond Val 185 Pg ]I (D