ORDER NO.29671 REVIEW REVISION OF PLAT FOR LOT 25 OF TWIN SPRINGS RANCH II, VOL 7, PAGE 167 (CREEKWOOD II-A, VOL 6, PAGE 106) AND SET PUBLIC HEARING Came to be heard this the 8th day of May, 2006, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve the appropriate notification to all property owners in Twin Springs and Creekwood II, and publication of same, and set two Public Hearings; the first Public Hearing for the revision of Plat for Lot 25 in Twin Springs 2 for June 12, 2006 at 10:05 a.m. and the second Public Hearing for Creekwood II for June 12, 2006 at 10:10 a.m. r.~7 COMMISSIONERS' COURT AGENDA REOUEST a~i671 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 appropriate action to review Revision of Plat for Lot 25 of Twin Sprines Ranch II, Vol 7, Pe 167 (Creekwood II-A Vo16, Paee 106) and set Public Hearine for same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom 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: 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 forma] 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. Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. ,~r~ce o ~ z ~v,-t Kerr County Road & Bridge 4010 San Mtonio Hwy Kemille, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: May 2, 2006 RE: Revision of Lot 25 of Twin Springs Ranch II This was submitted under the alternate plat process. Lot 25 of Twin Springs Ranch II, Vol 7, Page 167, will be divided into 4 parts. One part is to be added to Creekwood II-A, Vol. 6, Page 106. In order to accomplish this, the portion of Lot 25 to be added to Creekwood II-A needs to be vacated from Twin Springs Ranch II. The other 3 parcels will remain in Twin Springs Ranch and numbered 25-A, 25B, & 25C. If it is done under the alternate plat process, they will not be required to send letters to the other land owners, just do the publication, have a public hearing and final plat approval. If it is done as a preliminary and fmal plat process, they will be required to pay more fees, and send letters to the landowners of both subdivisions. With all of this in mind, do we accept this as a preliminary, and set the public hearing; or do we do it as an altemate plat and set the public hearing as June 12, 2006 at 10:10 a.m. Th twin springs 25 ice Use Only APPENDIX T Dale Received by R&B _. ROUTING SLIP Kerr County Application for E'inal PEat of a Subdivision r `` ,. ~ _ Name of Subdivision: P - t"~ {~ f1j Z~l~ ~U.1lY~ `..~~(~1"LCIq~ }~t~s-t/Iet~ ~. Location of Subdivision: (..~~~~~`rat 1 Precinct # e `~. J Owaer/Developer: W,~-. ~7 t~~_ Phone (_) Surveyor: ~P~ ° 1 Phone (_Jl ~~~' ~3~ ~) Is this part of an existing subdivisipn? ~jes (th No } Ifyes,Name: '~ Ir1'~t~VlYl(~S~o~.1~,C~~ Volurne E ,Pag~e~~~ _ '' `!,, AGENDA DATE REQUESTED: ~ ~,'ZC/1`.)E~ C~~ 4~ ~' ~ f 4e1~~YE'~~ Person(s) appearing before Commi~~ioners Court: Final Plats are to be submitted to the Ken County Engineer, for Review Twenty-one (21) days prior to next Commissioner's Court Bate.** Amount Paid $ Upper Guadalupe River Authority Fee Amount Paid $ [ ]Not required Signature: (County Clerks Office) Date [ ] Septic PermiA Signature: (UGRA Office) Date Signature: (Kerr County Engineer) Date 4. Submit one (I) copy of Final Plat of Headwaters Groundwater Conservation District Fee Amount Paid $ Signature: (HGCD Office) Date [ ~ NOt requtred Stgnature: (Kerr County Engineer) Date °` ~ You must then COIvIPLE7'L this form and return it io the County Engiaieer Fifleeu (l4} days before Commissioner's Court Agenda Date. Kerr County Subdivision Rules !z Regulations -June 10, 2002, Revision Court Order N :' 7597 Appendix -Page l6 2. Copy of Final Plat to County Clerk and arrange for payment of fees per Ken County Subdivision Rules & Regulations. ' -'- 9 f' / _ ClientBurgessG/6830/Second Amendment ~rs g ~ SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TWIN SPRINGS RANCH WHEREAS, Twin Springs Ranch, LP, a Texas Limited Partnership ("Partnership"), as Declarant caused to be filed that certain Declaation of Covenants, Conditions and Restrictions of Twin Springs Ranch ("declaration") dated March 22, 2000 of record in Volume 1057, Page 421 of the Real Property Records of Kerr County, Texas, thereby encumbering that certain property ("Property") known as Twin Springs Ranch, a subdivision in Kerr County, Texas, according to the plat of same recorded in Volume 7, Pages 43-46 of the Plat Records of Kerr County, Texas; and WHEREAS, on or about April 24, 2000, Partnership, as Declarant, executed a document entitled First Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch ("First Amendment") said First Amendment being filed of record in Volume 1062, Page 287, Real Property Records, Kerr County, Texas; and WHEREAS, on or about April 22, 2002, Partnership, as Declarant, filed a document dated effective April 22, 2002, and entitled Supplements[ Declazation of Covenants, Conditions and Restrictions of Twin Springs Ranch ("supplemental declazation") said supplemental declazation being of record in Volume 1185, at Page 732 of the Real Property Records of Kerr County, Texas, (said declaration, supplemental declaration and First Amendment herein -• collectively "Declaration"); and WHEREAS, the supplemental declaration amended the definition of Property as defined in Article I, Section 7 of said Declaration to include that certain 346.74 acres of land know as Twin Springs Ranch, II, a subdivision in Kerr County, Texas, according to the PIat of same of record in Volume 7, Pages 167 to 169 of the Plat Records of Kerr County, Texas (the "Added Property") (the Property and Added Property hereinafter collectively referred to as the "Restricted Property"); and WHEREAS, the undersigned are owners ("Owners"} of Tracts in the Restricted Property collectively comprising at least 75% of the total acreage of the Restricted Property; and WHEREAS, the Owners deem it in the best interest of Owners and of persons who may subsequently purchase Tracts in the Restricted Property that there be established and maintained a unifonn plan of development, improvement and maintenance of the Restricted Property and in furtherance of this goal, the Owners hereby adopt, establish, promulgate and impress upon the Restricted Property this Second Amendment to Declazation of Covenants, Conditions and Restrictions of Twin Springs Ranch (the "Second Amendment"}. NOW THEREFORE, it is hereby declared that all of the Restricted Property shall be held, transferred, conveyed, improved and occupied in accordance with and subject to the covenants, conditions and restrictions as hereinafter set forth and in the Declaration as amended by this Second Amendment and the Restricted Property shall be subject to the restrictions set forth herein which shall run with the Restricted Property and be binding on all parties having an interest therein, to-wit: ClientBurgessG/6830/Second Amendment 1. Article 1, Section 7 is amended to (i) delete that certain 25.06 acre, more or Less, tract of land out of Tract 25 of the Added Property described in the plat of Twin Springs Ranch II in accordance' w~ a record reference of said plat as hereinbefore described; said 25.06 acres, more or less, tract of land being more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the "Released Property") and (ii) to release the Released Property from the concept, conditions, provisions and restrictions of the Declaration, including without limitation the obligation to pay maintenance dues and assessments and the liens arising out of said obligations as provided in the Declaration, so that from this date forward, the Released Property shall no longer be included within the teen Restricted Property and accordingly shall have no easement in and to and no right to use the roads in the Restricted Property and shall from this date forward be a part of and have access to and from Creekwood V as shown of record in Vohun 7e Page 16-~ 1-of the Plat Records of Kerr County;'rexas, as said plat of Creekwood V may the amended or replatted subsequently; however, not withstanding the aforestated, the Released Property shall continue to be (x} encumbered by and included in the Declaration of Covenants, Conditions and Resfrictions of Creekwood II of record in Volume 761, Page 255 of the Real Property Records of Kerr County, Texas, and (y) subject to the jurisdiction of Creekwood II Land Owner's Association, Inc. ("Association") and the dues and liens assessed by the Association from time to time. Multiple Countemarts. The Second Amendment may be executed in multiple counter parts and al! such executed counter parts shall constitute one document. The individual signature pages for each Owner executing this Declazation shall be attached hereto and become a part of this Declaration as though originally signed by such Owner on the Effective Date. IN WITNESS WHEREOF, the undersigned Owners have hereunto caused this instrument to be executed as of the date of their respective acknowledgrrtents; but effective the 1st day of 3anuary, 2006 (the "Effective Date"). [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK -SIGNATURES TO FOLLOW ON SEPARATE PAGES] „_ Ciient/BurgessG/6830/Second Amendment Tract No.(s) 1. The undersigned Owners of Tract No.(s) 1 hereby execute and adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch as of the date of the acknowledgment below. a~"v"V~' ..J~ LESLIE G. SAnnBO CC ll JENN ER S. SABO -~ THE STAT O COUNTY O EIfJ-§ BEFORE ME, the undersigned authority, on this day personally appeared LESLIE G. SABO and JENNIFER S. SABO, known to me to be the person(s) whose names} are subscribed to the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch and acknowledged to me that such person(s) executed same for the purposes and consideration therein expressed. IVEN UNDER MY HAND AND SEAL OF OFFICE on this the ~ day of OOIo. / _ ~ NO Y PUBLIC, STATE OFD (v/ FILED FOR RECO~D at.. (.: ~.~:, o'clock........... M FEB 1 6 2006 JANNETT PIEPER r C un ourt, Kerr County, Texas 3 deputy ClientlBurgessG/6830/Second Amendment Tract No.(s) 2. The undersigned Owners of Tract No.(s) 2 hereby execute and adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch as of the date of the ackrtowledgmentbeiow, ~. T OTHY C. LIDIAK SHELLY E.:LIDIAK THE STATE OF TEXAS COUNTY OF ~,Clu c BEFORE ME, the undersigned authority, on this day personally appeared TIMOTHY C. LIDIAK AND SHELLY E. LIDIAK, known to me to be the persons} whose names} are subscribed to the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch and acknowledged to me that such person(s) executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ~ day of ~~ (y ~y4ti~ti~~~~~ NOTARY PUBLIC, STATE OF TEXAS ~~~~b•M11 f+e...,"... ` '' LAURIE ANN MILTON F • ~ No1ayPWlle, State of Texas ;~., i MY Commtsslon Expires ~`«??F,T;a'b Much LT, 2006 Client/BurgessG/6830/Second Amendment Tract No.(s} 3. The undersigned Owners of Tract No.(s) 3 hereby execute and adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch as of the date of the acknowledgment below. r ~d~"` L~xc- JAC LOUSMA GRATIA LOUSMA THE STATE OP ~t iG(.~ikcyl § COUNTY OF >~.~FJ § BEFORE ME, the undersigned authority, on this day personally appeared JACK R. LOU~MA AND GRATIA LOUSMA, known to me to be the person(s) whose name(s) are subscribed to the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch and acknowledged to me that such persons} executed same for the purposes and consideration therein expressed. GIVEN UNDER MI' HAND AND SEAL OF OFFICE on this the ~_ day of 1~ec~mbe~ , ~• NICOLE t'"i~,e:i:r=i~ Notary Pubiic Washtenaw G;ounty, ttR__f..,,~,--vv~~ My comm. ex{a..ih11 t 3~ ? ~P ~,,f,ti: ; s~. NO ARY P :.,IC, STATE OF TEXAS Client/BurgessG/6830/Second Amendment Tract No.(s) 4. The undersigned Owners of Tract No.(s) 4 hereby execute and adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch as of the date of the acknowledgment below. Twin Springs Ranch, LP BY~ ~ > ~M~iT vu,/i'~ ~ C cc~ Gc~'-i By: THE STATE OF TEXAS COUNTY OF~PQ3c~ BEFORE ME, the undersigned authority, on this day personally appeazed Kenneth A. Bazfteld, as Manager of Westvest Companies, LLC, the general partner of Twin Springs Ranch, LP and on behalf of said partnership, known to me to be the person(s) whose name(s) are subscribed to the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch and acknowledged to me that such person(s) executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE an this the ~Z day of 1~e~c.P_y~loer .2~. u+n~ onaausrae ~~ * ~ tMdAlENIMEBLESSIN6ER NOTAR UBLIC, STATE OF TEXAS KorAUrpuaic +~ III MdfOftM Fop 0i1-lmf '~t MyeanmbHon splm ClientBttrgessG/6830/Second Amendment Tract No.(s) 7. The undersigned Owners of Tract No.(s) 7 hereby execute and adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Tw;n Snrinvs Ranrh ac of the date of the acknowledgment below. THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM R. LEYENDECKER AND SANDRA W. LEYENDECKER, known to me to be the person(s) whose name(s) aze subscribed to the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch and acknowledged to me that such person(s) executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ~ day of ~~R~r .~. a"~w".^•!~i tiSA A• BERNNARD "~ ~ Notary Publie. State of Texss ~~i, My Commission Expires /~/////~~~~ /ruu +.,~:,€ Momh 29, 2001 ~~. VN ~"'"""f NO Y PUBLIC, STATE OF TEXAS . w ,.. Ctient/BurgessG/6830/Second Amendment Tract No.(s) 9. The undersigned Owners of Tract No.(s} 9 hereby execute and adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch as of the date of the acknowledgment below. (,/ .~ 7 G Y B. SP LE Y A. PRADL 'Y -- THE STATE OF ~_ § COUNTY OF ~ rA~ BEFORE ME, the undersigned authority, on this day personally appeared GAREY B. SPRADLEY AND JUDY A. SPRADLEY, known to me to be the person(s) whose name(s) are subscribed to the Second Amendment to Declazation of Covenants, Conditions and Restrictions of Twin Springs Ranch and acknowledged to me that such person(s) executed same for the purposes and consideration therein expressed. ,~ GIVEN UNBER MY HAND AND SEAL OF OFFICE cn this the ~~~ day of GSL-rte' > X005 .. l~e.~2 ~a,n~ ,~ll~/ NO ARY PUBLIC, STATE OF' 3 / COMMONWEALTH OF PENNSYLVANIA (UJT NOTARIAL SEAL I(AREN M. RANDOIPH, NOTARY PUBLIC GROVE CITY BDRO, tdERCER COUNTY, PA MY COMMISSION E%PIRES fEB. 04, 2008 C[ient/BurgessG/6830/Second Amendment Tract No.(s) 11. The undersigned Owners of Tract No.(s) II hereby execute and adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch as of the date of the acknowledgment below. ~~ ~' " __ EDWARD PETER MTESCH MARTHA 3HA# MIESCH J~ ~- -- THE STATE OF TEXAS COUNfY OF, ~ ~ ~t~ BEFORE ME, the undersigned authority, on this day personally appeared EDWARD PETER MIESCH AND MARTHA F MIESCH, known to me to be the person(s) whose name(s) are subscribed to the Second /~`rrtendment to Declaration of Covenants, Conditions and Restrictions of T\vin Springs Ranch and acknowledged to me that such person(s) executed same for the purposes and consideration therein expressed. GP/ER TDER M. HAND .iD SEAL OF OFFICE or. this th° ~(.(~ day of ~trP+"N~ JESSICA MENDOZA NOTARY PUBLIC ~ ~ k STATE OF TEXAS ~~ha My Comm. EKp. 10-19.08 13 Client/BurgessG/6830/Second Amendment Tract No.(s} 12. The undersigned Owners of Tract No.(s) 12 hereby execute and adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranclr as of the date of the acknowledgment below. (. ~ J S/~,. BOMAR BESSIE BOMAR _- THE STATE OF TEXAS COUNTY OF RO oS BEFORE ME, the undersigned authority, on this day personally appeared JAMES S. BOMAR AND BESSIE BOMAR, known to me to be the person(s) whose name(s) are subscribed to the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch and acknowledged to me that such person(s) executed same for the purposes and consideration therein expressed. r~ GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ~9 day of ~C~'Yn,C~lrlZ , ~S' ~ \* MELISSA A. CASEY Nolbry Public. Stole of Texbb } f My ,^,onimlbsbn Expires ~ AUGUST 12, 2008 STATE OF l4 CEientBnrgessG/683Q/Second Amendment Tract No.(s) 14 and 15. The undersigned Owners of Tract No.(s) 14 and 15 hereby execute and adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch as of the date of the acknowledgment below. JOE E. LLEN PATRICIA ALLEN -•- THE STATE OF TEXAS COUNTY OF ~'PI"~ BEFORE ME, the undersigned authority, on this day personally appeazed JOE E. ALIEN AND PATRICIA ALLEN, known to me to be the person(s) whose name(s) aze subscribed to the Second Amendment to Declazation of Covenants, Conditions and Restrictions of Twin Springs Ranch and acknowledged to me that such persons} executed same for the purposes and consideration therein expressed. GNEN UNDER MY HAND AND SEAL OF OFFICE on this the 1,~ day of -od~21Q• ~~~ PAMELA SMITH t,'e nt)RL.IC ,. ,r1- IEXAS my ..o„nn. Ezpiies 02-04-2009 16 C2ieatBurgassG/683t1/Sacond Amendment Tract No.(s)17. The undersigned Trustees of the Waltin-Pearce Trust of 1998, the Owner of Tract No.(s) 17 hereby execute artd adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch as of the date of the acknowleredgment below, // ~~,(.t.~, ~~L~.-uti.l~ G~ ~LL~~ JOHN DAVID WALLIN, TRUSTEE CAROLYN AN PEARCE, TRUSTEE THE STATE OF TEXAS COUNTY OF'i BEFORE MH, the undersigned authority, on this day personally appeared JOHN DAVII3 WALLIN, TRUSTBB OF THE WALLIN-PEARCE TRUST OF 1998, known to me to be the peraoa(s) whose name(s) are subscribed to the Second Amendment to Declaration of Covenants, Conditions a>ad Restrictions of Twin Springs Ranah and acknowledged to me that such person(s) executed same for the purposes and consideration therein expressed. n_ GIVEN UNDER [VIl' HAND AND SEAL OF OFFICE on this the ~_ day of ANITA PICKARD If / ~/~ Notary Public, State of Tezas 1{r A. tiaY Commission Exprtes TARY Pl October 15, 2008 THE STATE OF COUNTY BEFORE ME, the undersigned authority, on this day personally appeared CAROLYN JEAN PEARCE, TRUSTEE OF THE WALLIN-PEARCE TRUST OF 1998, known to me to be the person(s) whose name(s) are subscribed to the Second Amendment to Declaration of Covenants, Co~itions and Restrictions of Turin Springs Ranch and acknowledged to me that such parson(s) executed same for tha purposes and consideration therein expressed, GIVEN UNDER MY HA~N~,D~~ SEAL OF OFFICE on this the 1~~ day of _. .";: "' ANITA PICKARD ~ trtla Notary Public, State of Tezas t MY Commission E%PifeS . tj` Ocloger 16, 2008 18 OTARY P LIC, STATE OF TEXAS ClientBurgessG/6830/Second Amendment Tract No.(s) 18-R. The undersigned Owners of Tract No.(s) 18-R hereby execute and adopt the Second Amendment to Declaration of Covenants, Conditions and Restrictions of Twin Springs Ranch as of the date of the acknowledgment below. ~~~~~ DAVID B. GOOD¢N GHT LA IE J. G NIGHT ' THE STATE OF TEXAS COUNTY OF~ BEFORE ME, the undersigned authority, on this day personally appeared DAVID B. GOODNIGHT AND LAURIE J. GOODNIGHT, known to me to be the person(s) whose name(s) aze subscribed to the Second Amendment to Declazation of Covenants, Conditions and Restrictions of Twin Springs Ranch and acknowledged to me that such person(s) executed same for the purposes and consideration therein expressed. ~--~ GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the a~. day of c`lE'.C.~.X~1~`.'R , aoo5. sS~t ~`pprr~{~ C:C'iLL(::Ei~{ i