ORDER NO. 29725
ACCEPT TXDOT VALUATION ON SPUR 98 TRACT AND
AUTHORIZE CONVEYANCE OF SUCH TRACT TO TXDOT IN
CONSIDERATION OF CANCELLATION OF KERR COUNTY'S
OUTSTANDING ROW ACQUISITION OBLIGATION TO TXDOT
Came to be heard this the 12th day of June, 2006, with a motion made by
Commissioner Letz, seconded by Commissioner Nicholson. The Court
unanimously approved by vote of 4-0-0 to:
Approve the acceptance of the TXDOT valuation on Spur 98 tract and
authorize conveyance of such tract to TXDOT in consideration of
cancellation of Kerr County's outstanding Right Of Way acquisition
obligation to TXDOT, and authorize County Judge to sign Deed of
Conveyance to TXDOT.
~ g ~ ~s~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Pat Tinley
OFFICE: County Judge
MEETING DATE: June 12, 2006
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to accept TXDOT valuation on
Spur 98 tract and authorize conveyance of such tract to TXDOT in consideration of
cancellation of Kerr County's outstanding ROW acquisition obligation to TXDOT and
authorize County Judge to sign deed of conveyance to TXDOT.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge/County Attorney
ESTIMATED LENGTH OF PRESENTATION:
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 your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
a~ la
O~P~ O T
~ n cn\
2 ~
~ ~
Co Nom( dot
COUNTY JUDGE
PAT TINLEY
Commisslorveas Couar
H.A. °BusTEa" BALDww, PCr.1
WILLIAM "BILL' WILLIAMR, PCT. 2.
Jonnrxen LErz, Pcr. 3
DAVE NlcxoLwn, Pcr.4
June 12, 2006
THE COUNTY COURT
of
KERRCOUNTY,TEXAS
700 Mniv RLauvw r., Texns 78028
Tu (830)79?-2211
Fnx'(Si01792-2218
E-Mole kerrcoccLktccom
TXDOT
Mr. Jerry W. Reavis
Right of Way Section
P.O. Box 29928
San Antonio, Texas 78229-0928
Re: Account No. 8015-01-70
Parcel No. 1
CSJ No. 0526-01-016
State Spur 98: From James Road to F.M. 1338 (Goat Creek Road)
Dear Mr. Reavis:
This letter is to confirm and acknowledge that we have been apprised of our
entitlement to an appraisal prepared by an independent fee appraiser for the
above noted parcel. We hereby waive that right and are willing to accept the
$38,400 value as stated in the Memorandum of Value prepared by your Staff
Appraiser, Mr. Boone Waters. We also agree that the amount of $38,400 will be
applied to Kerr County's matching funds in accordance with the Agreement to
Contribute Funds -Local Government executed on August 26, 2002.
Sincerely,
~''~ __ -~
~- Pat TiNey, Kerr County Judge
CLERK
JANNEIT PIEPEa
COURT COO0.DIrvATOR
KATHY MITCHEL
Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the
following information from this instrument before it is filed for record in the public records:
your Social Security Number or your Driver's License Number.

,~':
Form ROW-N-l4
Rev. 8/2003
Replaces Forms D-15-11, D-15.14, D-15-141, D-15-142,
ROW-N-I2PT,ROW-N-14, ROW-N-l41, and ROW-N-142
GSD-EPC
Page 1 of 4
DEED
Account No. 8015-01-70
Parcel No. 1
C.S.J. No. 0526-O1-016
State Spur 98
Kerr County
THE STATE OF TEXAS
COUNTY OF KERR
WHEREAS, the Texas Transportation Commission has been authorized under the Texas Transportation Code
Chapters 203, 224, and 361 to purchase land and such other property rights (including requesting that counties
and municipalities acquire highway right of way) deemed necessary and convenient to a state highway or
turnpike project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to
accomplish any other purpose related to the locafion, construction, improvement, maintenance, beautification,
preservation, or operation of a state highway or turnpike project, and including the acquisition of such other
property rights deemed necessary for the purposes of operating a designated state highway or turnpike project,
with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfaze on
both non-controlled access facilities, as well as facilitating the construction, maintenance and operation of
designated controlled access highways and turnpike projects;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, County of Kerr of the County of Kerr, State of Texas, hereinafter referred to as Grantors, whether one or
more, for and in consideration of the sum of TEN AND NO/100 Dollars ($10.00) to Grantors in hand paid by the
State of Texas, acting by and through the Texas Transportation Commission, receipt of which is hereby
acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these
presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land lying
and being situated in the County of Kerr, State of Texas, more particularly described in Exhibit "A," which is
attached hereto and incorporated herein for any and all purposes.
SAYE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the
following improvements located on the property described in said Exhibit "A" to wit:
NONE
Forth ROW-N-14
Rev. 8/2003
Page 2 of 4
Grantors covenant and agree to remove the above-described improvements from said land by the N/A
day of N/A, N/A, subject, however, to such extensions of time as maybe granted by Grantee, its successor and
assigns, in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time
prescribed, then, without any further consideration, the title to all or any part of such improvements not so
removed shall pass to and vest in the Grantee, its successors and assigns, forever.
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of
ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to
take and use all other minerals and materials thereon, therein and thereunder.
Grantors hereby acknowledge that their use of and access to the state highway facilities and/or turnpike project
(hereafter called highway facility) to be constructed in conjunction with the highway facility of which the land
hereby conveyed shall become a part, shall be and forever remain subject to the same regulation by legally
constituted authority as applies to the public's use thereof; and Grantors further acknowledge that the design and
operation of such highway facility requires that rights of ingress and egress and the right of direct access to and
from Grantors' remaining property (if any) to said Highway facility, shall hereafter be governed by the
provisions set out in said Exhibit "A", SAVE AND EXCEPT in the event access, or access points may be
specifically allowed or permitted in said Exhibit "A", such access shall be subject to such regulation as is
determined by the Texas Department of Transportation and/or the Texas Turnpike Authority Division to be
necessary in the interest of public safety and in compliance with approved engineering principles and practices
and subject to compliance with any applicable local municipal or county zoning, platting and/or permit
requirements.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular
the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and
Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and
Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against
every person whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the ~z r day of v n , 2006
County of Kerr
~ ~
~,~he-Horrt~ra at Tinley ~`
Title: County Jude
Forth ROW-N-14
Rev. 8/2003
Page 3 of 4
Acknowledgement
State of Texas
County of Kerr `~
This instrument was acknowledged before me on the /3" day of ___ ~~~~ .2006. by
The Honorable Pat Tinley, County Judge of the County of Kerr.
State of Texas
County of
CHRISTINE C. MCENTYRE //~ f~/
NMy Commission Expir es ~~~~ ~-"~/ •C~GG4/LO
February 27, 2010 No[ary Public's SignaFtiire
Corporate Acknowledgment
This instrument was acknowledged before me on
of
a corporation, on behalf of said corporation.
Notary Public's Signature
Form ROW-N-14
Rev. 8/2003
Page 4 of 4
The property described above relates to a "whole" property acquisition, so that there is no remainder or
remaining property owned by the Grantors that was originally out of or a part of the property described above.
Therefore, there are no access rights retained or remaining in Grantors, their successors and assigns, out of or
relating to the property described above. All access rights associated with all of the above described property are
owned and retained by the State, with the access denial line being co-existent with the Right of Way boundary
line.
Account No. 8015-01-070 Date: February 2l, 2002
CSJ No.: 0526-01-016 Pie-.L~ ~ Exhibit:
County: Kerr
Highway: SPUR 98
Project Limits: From: James Road
To: F.M. Highway 1338 (Goat Creek Road)
EXHIBIT A
Field Notes for Parcel 1
11.01 acres (479,726 square feet) of land being approximately 2.92 acres out of the J. S. Sydnor
Survey No. 142, Abstract No. 290, 5.87 acres out of the Joseph S. Anderson Survey No. 141,
Abstract No. 2 and 2.22 acres out of the M. Primrose Survey No. 140, Abstract No. 267, in Kerr
County, Texas and also being the same tract of land shown as Thompson Drive Right of Way
conveyed and dedicated to the County of Kerr as per plat of Saddlewood Estates Section One
executed February 4, 1997, recorded in Volume 6, Pages 319-321, Plat Records of Kerr County,
Texas and accepted for Kerr County maintenance by County Commissioner's Court Order No.
25486, dated August 10, 1998; said 11.01 acres (479,726 squaze feet) of land being more
particularly described as follows:
BEGINNING at a found %2" iron pin on the northwest line of James Road and the northwest
Right of Way terminus of existing SPUR 98, said iron pin being the east corner of the herein
described parcel and also being South 44°51'49" West, 4.83 feet from a found TxDOT concrete
R.O.W. monument; the aforesaid iron pin is also right 157.09 feet from and radial to the
proposed centerline of SPUR 98 at Station 116+91.49;
(1) THENCE South 44°51'49" West, 214.62 feet along the northwest Right of Way terminus
of existing SPUR 98 to a found TxDOT concrete R.O.W. monument for the south corner
of the herein described parcel and the most westerly corner of the existing SPUR 98
Right of Way, said concrete monument being N43°37'31"W, 19.87 feet from the east
comer of a 10.28 acre tract of land recorded in Volume 314, Pages 745-750, Real
Property Records of Ken County, Texas;
THENCE along the southwest and west Right of Way line of Thompson Drive and of the
proposed SPUR 98 Right of Way, the following:
(2) North 50°44'48" West, 251.98 feet to a found %:" iron pin;
(3) North 53°23'20" West, at 302.91 feet a found %" iron pin, the North corner of the
remainder of the said 10.28 acre tract recorded in Volume 314, Pages 745-750, Real
Property Records of Ken County, Texas, and continuing North 53°23'20" West, a total
distance of 655.96 feet to a found''/z" iron pin;
(4)
(5)
(6)
(7)
North 45°19'01" West, 496.72 feet to a found %" iron pin;
North 82°34'39" West, 165.15 feet to a found %2" iron pin by a fence post comer;
North 33°48'30" West, 310.59 feet to a found %" iron pin by a fence post;
North 14°20'44" West, 74.99 feet to a found ''/x" iron pin;
(8) North 45° 17'05" West, at 161.30 feet afound %z" iron pin by a fence post corner being
the east corner of aHorse/Walking Trail/Common Area 15.00 feet in width in Block One
of Saddlewood Estates Section One, and continuing North 45°17'05" West, a total
distance of 399.94 feet to a set %z" iron pin;
(9) North 46°09'28" West (passing the Saddlewood Boulevard intersection), 505.70 feet to a
found %z" iron pin; EXHIBI~T A(~,
(10) North 15°20'34" West, 328.1 I feet to a found %i" iron pin; P~~~
(11) North O1°34'44" West, 79.10 feet to a found11/z" iron pin in concrete for the most
westerly southwest comer of Thompson Drive Right of Way and of the herein described
parcel, said iron pin is left 63.77 feet from and radial to the proposed centerline of SPUR
98 at Station 148+53.96;
(12) THENCE North 40°20'20" East, 628.62 feet along the northwest boundazy of the
Thompson Drive Right of Way to a found 11/z" iron pin in concrete, being the north corner
of the herein described pazcel;
THENCE along the east and northeast Right of Way line of Thompson Drive and of the
proposed SPUR 98 Right of Way, the following:
(13) South 26°34'24" West, 603.60 feet to a found %z" iron pin;
(14) South 20°18'43" East, 328.24 feet to afound %z" iron pin by a fence post corner;
(15) South 45°06'45" East, 606.21 feet to a found 5/8" inch iron pin;
(16) South 45°35'33" East, 267.73 feet to a set %z" iron pin in Knapp Road (a private road);
(17) South 45°04'50" East, at 11.69 feet afound %z" iron pin by a chain link fence post comer,
a total distance of 877.73 feet to a found %z" iron pin by a 3"pipe fence post comer;
(18) South 61°11'48" East, 38.67 feet to a found''/z" iron pin by a 3" pipe fence post comer;
(19) South 52°27'25" East, 828.91 feet to afound %z" iron pin by a 3"pipe fence post comer;
(20) North 89°56'21" East, 135.09 feet to the POINT OF BEGINNING, containing 11.01
acres (479,726 square feet) of land.
Reference is made to plat of survey dated February 21, 2002, accompanying these field notes.
Bearings based on State Plane Coordinates, NAD-83 South Central Zone (Grid Bearings).
Revised November 8, 2002 -Miscellaneous Revisions
a
Wayne A. Seewald
Registered Professional Land Surveyor
No. 3695
SCALE: 1" = 300'
_„_„_„_,. M A T C H
KENNETN W. WINFlELD
(VOI. 175, PC. 39, D.R.)
REMAINDER OF 8.73 ACRE TRACT
R
CALHOUN FAMILY UNITED PARTNERSHIP
(VOL 1088, PG 760)
REMAINDER OF 246.2 ACRE TRACT
W ~ _
::
O
~ o
H
o. 9-
a
in o
P~~
L I N E
JOSEPH S. ANDERSON
SURVEY N0. 141
R09ERT R. WOODWARD ABSTRACT N0. 2
(VOL 194. PG. 791, D.R.)
19.35 ACRE TRACT
PROPOSED R.O.W.
q_~_____~__~__~.__iRON PIN __~.~ ~~
PROPOSED R.O.W. ~ ~
m1..~ A
~_ ~~~ f
vWl 1 ..
DANIEL DRYDEN REES
(VOL. 314, PG. 745 R.P.R.)
REMAINDER OF 10.28 ACRE TRACT
FND. TXDOT CONC.
R.O.W. MONU.
N43. 37' 31
19.87'
JTY
PLAT RECORDS
479,726 SO. FT.)
NONE
SHIRI,EY ANN JAMES
(VOI. 414. PG 178 R.P.R.)
REMAINDER OF 22 ACRE TRACT
J.S. SYDNOR
SURVEY N0. 142
ABSTRACT N0. 290
STA. 116+91.49
P.O.B.
() 544.51'49"W - 4.53'
F'ND. T)mOT CONG
R.0.W. MONU.
JAMES ROAD
KERRVIUF CITY LIMIITS
	UNE TABLE	
1	4°	
	N 2°34'39'W	165 1 '
L3	N14°20'44'W	74.99'
L4	N15°20'34"W	328.11'
LS	N01°34'44"W	79.10'
L6	S61°11'48"E	38.67'
L7	N89°56'21"E	135.09'
BEARINGS BASED ON STATE PLANE COORDINATES, NAD-83
SOUTH CENTRAL ZONE (GRID BEARINGS)
ALL CORNERS ARE FOUND t/2" AEON PINS EXCEPT WHERE
NOTED.
REVISED NOVEMBER 8, 2002 -MISCELLANEOUS REVISIONS.
I HEREBY CERTIFY THAT THIS PLAT REPRESENTS AN
ACTUAL SURVEY MADE ON THE GROUND UNDER MY
SUPERVISION AND THAT THIS SURVEY CONFORMS TO
THE MINIMUM STANDARDS OF PRACTICE FOR THE
STATE OF TEXAS.
~~
WAYNE A. SEEWALD
R.P. L. S. N0. 3695
AI.p,CIJDB BN~INBBRS~L.I.+G
oNa a~a.tae: ~ fanlcTloRs
f~+o)•sr-sml
Y.a eox maae
SNI /JITCWO, lIXAB 744A
loam evoaA rn
sui u+rano, mwa T!R'JO
SHEET 1 OF 2
J.S. SYDNOR
SURVEY NO. 142
ABSTRACT N0. 290
/~~
SCALE: 1" = 300'
9
LEWFAM, LTO.
((VOL. 333, PG 200,R.P.R.
REMAINDER OF 217.30 ACRE ACT
83.77 lT. GL
24' X 24' KERRNLLE
tELEPHONE CO. EASEMENT
PROPOSED R.O.W.
LDT ,
BLOCK TMp
SADDLEWOOD ESTATES /
SEC710N ONE
(VOL 8, PAGES 319-321, ~2",A,Q'
PLAT RECORDS) ~~~yyy ee~s
SURVEY NO. t1O __ ~dr
SURVEY N0. 141 ~
~~
sADDLEwooo BLw. n~{ N
$o
~ I
LOT 1 = i
BLOCK ONE
U<
_Z Z$ I
SADDLEw00D ESTATES ~~ ~
sECnoN oNE I
(VOL. e, PAGES 319-32t,
PLAT RECORDS) ~ ~i ;
JOSEPH S. ANDERSON
SURVEY NO. 141
ABSTRACT N0. 2
SET 1/2' IRON PIN
THE DWGHERTY FANILY TRUST
(VOL 1134, PG. 109, R.P.R.
REMAINDER OF 12.3 ACRE TR CT
5/8" IRON PIN
pycM
REP
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DONALD 8 1MWE KENNET	o I
I		NBv~
((VOL 942 PG. 495, R.P.R.)
REMAINDER (SF 38.3 ACRE TRACT	3
;
• I		
SET 1/2" IRON
	O =~p~	SEE DETAIL "A"
011~
P~ nIa
~ 'I
1 °
KENNETH W. WINFlELD O ~- I
(VOL 173, PG. 39, D.R.) ,
REMAINDER OF 0.73 ACRE TRACT ..~
MATCH~~
2.754 AC
E-:XHIBIT A
P'°~...~..~ `h
~:;r
\u\,~\
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A. ~qP~ ~c+
Pa f''p~~~spq~,, T
~YY J`S~
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e n~
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/ Szo ' M. PRIMROSE
~~
.~ SURVEY N0. 140
a ABSTRACT N0. 267
~ RBS PROPERTIES
0
~ (VOL g01 ACRE 1RAC R.P.R.)
n
	LINE TABLE	
		
	N 4' 9' W	1 1 '
L3	N14°20'44'W	74.99'
L4	N15°20'34"W	328.11'
LS	NOi°34'44"W	79.10'
L6	S61°11'48"E	38.67'
L7	N89°56'21"E	135.09'
7 /2" IRON %N
KNAPP ROAp
W
C ROBERT R. IVOODWARp
Njry (V1x, 194, PG. 797, O.R.)
n 19.33 ACRE TRACT
~~ JOSEPH S. ANDERSON
SURVEY N0. 141
ABSTRACT NO. 2
F-- PROPOSED R.O.W.
L I N E
BEARINGS BASED ON STATE PLANE COORDINATES, NAD-83
SOUTH CENTRAL ZONE (GRID BEARINGS)
ALL CORNERS ARE FOUND 1/2" IRON PINS EXCEPT WHERE
NOTED.
REVISED NOVEMBER 8, 2002 -MISCELLANEOUS REVISIONS.
I HEREBY CERTIFY THAT THIS PLAT REPRESENTS AN
ACTUAL SURVEY MADE ON THE GROUND UNDER MY
SUPERVISION AND THAT THIS SURVEY CONFORMS TO
THE MINIMUM STANDARDS OF PRACTICE FOR THE
STATE OF TEXAS.
~/~~ oW~
WAYNE A. S'EWALD
R. P.L.S. N0. 3695
~I.w-.CIJDB SNOINBBRS•IrIrG
as aotsois a ^wrcraa
(moksl-»e7
~.o. n. yaws
5M1 AM16lID, 1[%Ae l4tle
roue eAwaAA ao.
6AN N111e114 1pGe JeteO
ND. 1/2" IRON PIN
DETAIL "A"
SHEET 2 OF 2
IRCEL 1O
N.T.S