ORDER NO. 29911
RESCIND COURT ORDER #29827 TO ABANDON, VACATE &
DISCONTINUE PRIVILEGE CREEK
Came to be heard this the 11th day of September, 2006, with a motion made
by Commissioner Nicholson, seconded by Commissioner Williams. The
Court unanimously approved by vote of 3-0-1 to:
Approve rescinding Court order #29827 and leave intact the Plat of Privilege
Creek as set forth in Vol 7, Pages 136 & 137 of the Plat Records, Precinct 3.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Leonazd Odom OFFICE: Road & Bridge
MEETING DATE: September 11.2006 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFICI: Consider, discuss, and take appropriate action to resend Court
Order # 29827, to Abandon, Vacate & Discontinue Privileee Creek, Vol. 7, Paee 136-137, Pct. 3
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 a follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECENED BY:
THIS REQUEST RECEIVED ON: (a~
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepazed 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 Rule Adopted by Commissioners' Court.
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Kerr County Road & Bridge
4010 San Antonio Hwy
Kerrville, Texas 78028
TO:	COMMISSIONERS COURT
FROM:	LEONARD ODOM
DATE:	September 5, 2006
RE: Resend Court Order # 29827 to Abandon, Vacate, and Discontinue Privilege Creek
Subdivision, Vol. 7, Page 136 -137, located in Pct. 3
In your packet you have the documentation from counsel explaining the need to keep the
Privilege Creek Subdivision as platted until such time the owners have submitted a new
preliminary plat for Falls Ranch.
At this time we ask that you Resend Court Order # 29827, leaving Privilege Creek
Subdivision as recorded in Vol. 7, Page 136 -137.
Th
Document2
aelzslzoos xDa ia:za Fax
Edrar A. Wwltxce
DaNd G JacWon
AtWCy E. Ramm~nn
WALLACE & JACKSON
A PROFESSIONALCOP.PORATION
ATTORNEYS AT LAW
R2o MARY ST., SLita 10l1
ICERRVlL4E. TEXAS 78028-5300
ADgust z4, zoo6
Mr. Leonard Odom
Kerr County Road and Bridge
4010 San Antonio Hwy.
Kerrville, Texas 78028
Re: Privilege Creek Ranches
Dear Mr. Odom:
TPJ.EPHONE R30l696.3811
TEt.FFAx 830~'STfi119
V lA FAX 846-8481
~;aoz~oaa
After a oonvcrsation with the County Attorney's Office this letter shall be our client's
request for the action described in the attached letter to the County Attorney and to be placed on the
next Agenda of the meeting of the Commissioners' Court for the purposos of considering and taking
the action requested in thv' attached Letter. If there is anything further with respwt to this request
please let us know. Also ]et me know when we are scheduled to appear before the Conunissiorers'
Court.
llLt/kr
E*..UMP/L6ITER70IFANARD ODQM
Attaclunent - As statetii above
cc: Mr. Greg Blume
Edward Nei] Development, ]nc.
4434 01d Katy Road #370
Houston, Texas 77055
bfr. Rex Emerson
Kerr County Attorney
700 Main Street, Rm. BA-103
Kerrville, Texas 78028
VIA FAX 713.467-5556
VIA FAX 792-222.8
Very truly yours,
08/29/2006 IU6 IG: 23 FAX
~VALLACE & JACI{501~1
820 MAIN STREET, SUITE 100
KERRVILLE, TEXAS 78028
TELEPHONE: (830) 896.3811
YELEFAX: (830) 257-6119
FACSIMILE TRANSMITTAL SKEET
PRIY'LEGED AND O'>NFiDENttAL
ATIL?RNEY Ci.SE NI' ~MIvt[II~IICA'II~I
Ito.
LEONARD ODOM
r- -
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F NUMAXF 8ER 896.8481
CC: GREG BLUME
(713) a67-5556
REX EMERSON
792-2228
RR~
PRIVILEGE CREEK RANC~S
FROM: DAVID L. JACKSON
I DATE: AUGUST 29, 2006 I
setrosns e-untt.: djackson@ktacom
CONFIDEN*IIALlYY NOTICE: i.ldcss onc~nvise inrlicucd or obviou, fmm r^" aatstn! o[ dse uussminal, the
infonnatiai concincd in this facsianile message is attoraty privr7eged and <rwEdeati+l infoemuion intended for rise tue of
the indi+idual or ett;ty nanxd above. 1f du tcydrr of shi< message is rwt thr intended tecipiem, or the rmpbyee or agent
tcsporuiok oo tfcSvcr $ to t6c itKCndcd ncipicnt, you ate hereby nnu[ied that aay dissatvauion, distribution or copying of
this cottvnunuation w strictly pn~hsbned, df you have rretived this comrmuvcation m error, pleae msnsadiatey ~tify the
sender by talephoce tmd tmtun d;n original measagc to WalLtcc ik jacbon at the tiddress ~.v the U. $. Postal Serrke ac our
esy3epse, 'Ils. de you.
~pcvriaaa
C @!2S/2006 TUB 14:25 FAX i(fJG U9/UC4
6dgrr A. wnas4e
Urrid L3ncbon
As6tey & Rastnnrr
WALLACE~ lAClcsorr
A PROFESSIONAL CORPONATtON
ATTORNEYS AT LAW
820 MAW ST., Suite !00
ttanRVU,tF, T'axAS 78028.5300
782.EEA)C 83tU2i7.61 f 4
August 24, 2006
Mr. Rex Emerson
Kcn• County Attorney
700 Main Street, Rm. BA-IU3
Kenville, Texas 78028
Re: Privilege (,`rock
Dear Rear:
To follow up my discussion with Road and Bridge and you our cliont wants to keep
Pzvilege Creek in existence, wants [a rescind or take appropriate action to not complete and enter
any vacation or abandonment of the plat for Privilege Ctoek and wants to submit for final plat
approval, subject to the requirements of Road & Bridgo, a revised plat for Falls Ranch keeping
Privilege Creek and in particular Lot 1 in place platting the remainder of what was ai the prior
preIiminaryplat. [a support of this request:
1. Privilege Creak is recorded in Volume 7, Page 136, Ketr County Flat Records.
2. In March of 2006 a preliminary plat was processed according to the file for I.ert 7
which is a reatignmeni of a mad and there was a routing slip and a March agenda
item for that. This was on behalf of the owner Bowman Merida-Hoover prepares
that.
3. Tn Jtrne Greg Blume roquesud consideration of the vacation of the plat and plat
appmYal. A copy of that letter is enclosed. Previously khere had boar one or more
moetings at Road & Br.'dge between Bowman and Qreg the essence of which was
that Bowman owned the land, Bowman was selling the land to Qreg's entity and that
all the moving parts neeciod to be in oae place at one time but only at such time as
the Closing of the transaction took place.
4. On June 26 a moeting was held and an order errtered fi3r a public hearing on August
14 tb deal with the Privilege Croek Plat.
5. After the June 26 meeting there was a closhxg process between Bowman and endtia
formed by Greg Blume tho wncltrsion of which is Lhat as catity owned by Blume
acquired Privilege Creek except fot Lot I which was retained by Bowman.
6. th-, August 14 there were two (2) agenda items which were to hold a public hearrng
on Privilege Creok and to consider action, These are based upon the June letter.
08/2f/2006 TUB r8a 20 ?RX
Page 2
.,,..,
°- 7. There is no notice, discussion, letter, routing slip or other documents pertaining to
the consideration on August !4 prior to the meeting,
8. The public hearing took place. The action took place without any input from the
owners. Enclosed are lvlinutes.
9. 5inee Lot 1 is ownod by Bowman it is not possible to abandon the plat. It will be
necessary to change the prior preliminary plat before final plat approval to. rec~ese
Privilege Creek in certain respects leaving Lot 1 es it is and adding to it tltc
teenainder of the Falls Ranch preliminary plat.
Since the public hearing was property called and since theca was no adverse presentation at
the hearing it would stand as held. However, under the circumstances the vacation and abandonment
would have been based upon facts which were not axurate and/or which are clan&ed wieh this
letter. Respectfully the orders of the Court an August 14 should include that the publio hwring was
held but that action could not be taken without the consent and joinder of the owners of the land
which includes our client and Bowman. Thus the order with respect to the action on abandomnent
should be vacated and/or oomcted to recite that it would be carried over tc another date after duo
notice and input in writing from the owners of the property including our client and Bowman.
Very truly yours,
WALLACE & J ON, P.C.
BY: __
laavid L. Jackson
DLJlIo-
6LCrMElfdla a E+n~rxm
ORDER NO. 29827
ABANDON, VACATE AND DISCONTINUE PRIVILEGE CREEK
SUBDIVISION
Came to be heard this the 14th day of August, 2006, with a motion made by
Commissioner Baldwin seconded by Commissioner Nicholson. The Court
unanimously approved by vote of 3-0-1 to:
Approve to abandon, vacate and discontinue Privilege Creek Subdivision as
recorded in Vol. 7, Pages 136-137, and located in Precinct 3.
(Commissioner Letz abstained)
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Revised 10-OS-OS
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PUBLIC PARTICIPATION FORM
FOR
KERB COUNTY COMMISSIONERS' COURT
Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County
Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed. If
you are handing out any material or documents to the Court, please make sure you have
one extra for the Clerk to ensure that one is put into the record.
Name: l~ ~ V t 1 , pC <- ~S oN)~
Address: ~ ~ C7 V~!\ a ~ .h ~ 1~ e J lV ~ ~~ P ~-~-
Telephone: c4~ ~ (,~ ~~ Z'"
Place of Employment: ~N 91 l o C e ~ S ~ ~~=s e ~~
Employment Telephone: ~~ ~ 3 ~ ~ ~
Do you represent any particular group or organization? Yes ® No
If you represent a group or organization, please state the name, address and telephone number of
such group or organization.

Which agenda Item (or Items) do you wish to address? ~l ~~
In general, aze you for or against such Agenda Item (or Items)? For Q. - ainst
NOTE: This Public Participation Form must be presented to the County Clerk prior to the
time the agenda item(s) are discussed.
Once you reach the podium, please state vour name and who/what you
represent clearly for the court reporter to accurately record who you are.