0108071.6 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THLS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams MEETING DATE: January 8, 2007 OFFICE: Precinct 2 TIME PREFERRED: SUBJECT: (Please be specific).Consider, discuss and take appropriate action on correspondence from Milton E. Taylor regarding easement to his property adjacent to Kerr County's Flat Rock Lake Park (new section). EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING THE COURT: Commissioners Williams. 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 532, Government Code, is as follows: Meeting scheduled for Mondays: 3:00 P.M. previous Tuesday 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 format consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the eazliest opportunity. See Agenda Request Rule adopted by Commissioners Court. January 1, 2007 COUNTY COMMISSIONERS COURT; ATTN: MR. WILLIAMS, PCT. #2 SUBJECT: LETTER #2 TO REQUEST EASEMENT INTO OUR PROPERTY! TO WHOM IT MAY CONCERN: ON AUGUST 9, 2002 WE SENT A LETTER #I TO THIS COURT (COPY OF LETTER AND OTHER INFO ATTACHED). SEVERAL COMMISSIONERS AND MYSELF MILTON E. TAYLOR MET AT THE UNATTACHED GATE/FENCE AREA SHORTLY AFTER LETTER WAS SENT. I WAS TOLD AT THAT TIME THAT THEY WOULD GET BACK WITH ME ABOUT THIS AT A LATER DATE. AS NO ONE HAS GOTTEN BACK WITH ME, AND OUR NEED WAS NOT DEMANDING AND TIME (4 YEARS PLUS) HAS PASSED. AT PRESENT I HAVE A HUGE NEED FOR BETTER EXCESS TO THIS PART OF OUR PROPERTY-AS LISTED BELOW: (I) WE SHOULD HAVE NEVER BEEN CUT OFF FROM OUR PROPERTY (A FIRE TRUCK CAN NOT EVEN GET TO THAT AREA) AS WE WERE WHEN FINCE WAS INSTALLED. WE WILLINGLY GAVE A RATIFICATION OF EASEMENT (COPY ATTACHED) TO COUNTY, ALSO WE WERE NOT INFORMED THAT THE EXCESSES WOULD BE GIVEN TO THE PUBLIC!!! WE DON' T THINK THIS IS RIGHT °AND MAY NOT EVEN BE LEGAL" . (2) WE WANT TO CLEAN-UP AND FIX THIS AREA!!! (3) LAST AND NOT LEAST-ON NOVEMBER 07,2006 I MILTON E. TAYLOR WAS CHARGED & PLED NO CONTEST TO A CLASS "A" MISDEMEANOR/ILLEGAL COMMERCIAL DUMPING (5 TOL00 POUNDS) SOLID WASTE. CAUSE NUMBER CR06-1939. THIS IS PART ~' THE AREA INCLUDED IN THE JUDGMENT AND I AM REQUIRED TO CLEAN UP THIS AREA. I NEED BETTER ACCESS TO THIS ..,OPERTY TO GET EQUIPMENT IN AND OUT AND TO GET LARGE ITEM' S REMOVED. THANK YOU FOR YOUR QUICK RESPONSE , SINCERELY, MILTON E. TAYLOR j 895-3787 __.~...~<...~,...~aa.^fms~re~a-"ae.~. x~.+a's.S.';.. °...a`'*'~•'"^'~`~tzw bra _. r.~.m rtw"aaut~a.W . e o-a a_. 9 Bugast, 2041 Cauaty Cosemitsiocer or commicsrouen +burC %IIlR COiINTp To y4Gom it may rnncera; Eu Ifee 1995 9ye cigtted '"RETSFICICTit}ii of E6SEMENT" for right of way on wme property we owu This is the roil to tlce uew eastern part of the Cnnuty Park area that adjours "£4KT ROCH LERE. There is uo with rhea ratlfrcatmn on our part, however when the Conuty built a uety €eace around the park area ~1 fenced aff ay gater'easemeat to dte backt6ottom part of ap property. ~ ~ ttsae bmf ~ net attxbsd to ~ ¢ew . [ wmdd like to att~ tkla t to my gate fw t1x Coanry eau do itl- I haven't had a to tie this gate passage hero ~t would uuw like to aaw. ~e can r~ tbe werk but would tike xritteu approval to do it Sia°ereh': _ z P~1i ton E. Taylor r I ~i11,z1.z, /~ ~:~~,Rl~, y73;.y ~ `e~p,rr j ,... TAYI,OF `- STATE OF TEXAS RATIFICATION OF EASE,,"7EN'1' s COUNTX OF KERB § This Ratification of Easement is rs,ade this day of ________________i^, 5995 by MILTON E. TAYLOR and wife, h1AR'i .. TAYLOF. . [v I T N E S S E T H A. MILTON E. TAYLOR and wife, AfAkr A. a'AYLUR, are currently the owners of that certain tract or parcel of land described in Exhibit "A" attached hereto and made a part hereof for all purposes (herein the "Property"). B. A Right of Way Easement dated December 18, 1979. recorded in Volume 11, Page 429, Easement Records of Kerr County, ^- Texas (herein the "Easement"), reference to which is here made for all purposes, runs across a portion of the Property. C. MILTON E. TAYLOR and wife, MARY ANN TAYLOR, knew that the Easement was in existence when they purchased the Property. D. Milton E. Taylor and wife, Mary A. Taylor, desire to xatify the Easement and confirm that it is a valid and subsisting easement against the Property. NOW `PHEREFORE for and in consideration of the recitals, t.en ~7 <,l :ar:~ ~j.i u.GGj aYid uth ex' valuakiie c, vi:si:_i c:r atiiJti tv ~fi LTC;: L. TAYLOR and wife, MARY A. TAYLOR, the receipt and sufficiency of w2iich are hereby acknowledged, MILTON E. TAYhOR and MARY A. TAYLOR hereby ratify the Easement, confirm that it is a valid and subsisting easement against the Property and declare that this Tnst.rument shall be binding on themselves and all successors in interest of the Property. Executed as of the date above written. ~~ M~LTON E. TAYLOR M RY A. AYLOR TH_:2102574131 P:01 +, ~ 12 _39 MAC T. f11JpFtct+S __..- . _. -- _ _ _ _ -- -Y,-_r. 3r' / f" / ~+~' ~. EXHIBIT "A" . I. PROPERTY: ' R11 that certain tract or parcel of land lying and being situated in the County of Kerr, State of texas, compri3ing a total of` 11.00 acres of land being approximately 12,99 acres out oP Original Sur^ vey No. 68. William Watt, Abstract No. 366, and 0.03 acr® out of Original Survey No. 110, T.'N. Minder, llbstract No. 248, and being out of that tract which was conveyed fzom Marvin Kennedy to Baron B. Floyd by deed dated Dedember 7, 2959, recozded in Volume 106, Page 428, of the Deed 8eoords of Xerr County, TeXas, and subject tract being more particularly described by metes and bounds as (allows, t0;-Wit: 8£GINNIN6 at 'an pld axle Haar an old corner post, the most Wast^ erly NW corner of.svbject tract 3n the line of said Baron B. Floyd property and in the NWline of said Survay•NO. 68,• William Watt, located approximately 3025 feet N. 2S° W. from the South oz lather river corner of said Survey No. 681 ' THENF~ S. 68. 59' E,".103.04 Eeet to an iron stake at angle post, thende continuing along an old fence, N. 83° O1' E. 86.21 feet, r S. 70. 46' B. 81.99 feet to an iron stake at an angle post; THENCE with Fence S. 98. 33' >;_ 527.2 feet, S.' 32` 13' E. 3.10.16 feet, S. 40° 03' E. 20D,28 feet, and 5.42° 52' E.. 100.23 £eet to an iron stake at fence corner pgst; ~ . THENCE N. 37. 47' E. 95,87 feet, crossi.ng•Third Creek, to an iron stake set in an 18" diametez ?scan tzee, N. 27° 52' S. 47.75 feet to a RR spike in a 36" diamoter 7.ive Oak tree, N.. 80• AO' P,. 135,78 feat to an iron stake isl angle post, 'H. 73. 26' E. ,47.25 ZeeZ, N• 29. 12' E, 9.68 Peet, N.16° 32'- E, 152.28.£eei; to an iron stake set in 18° diameter dead Live Oak tree, N. 41° 22 !. I3.'165.79.£eot, N. 32° 23' W. 190.02 feet and N.10°59'W.- 76,35 feet to an iron -• stake in the Sdutb right-of~way Sine of the old Sa» Antonio roads RRY.NCE wAth Eepco tho 5outh'right-o°-Nay line oP said old'S8n Antonio Road 5.89'S2'B. 325,3 Feet to an iron strike at corner p9st near a concrete right-.oE-way markex in the. SW right.-og-way'].ina o£ State Rig2iway No: 27; -' . ' . TFII;NC£ Wit4 fence along ,the~$W line of -said Highway.S.46°06'E~. 485.80 feet to an iron. stake: :the-West canner of subjeaC tra atr and the North garner af;a: scp~zate 4.85 dcre'tract; '~_..:;.° •.:.? ~`.- •- THENCE with the NW line a.F said separate 4.85 aare.tract.5,48°~," 58•{F. 336.40 feet to an iron 'stake•""' ~ F ~~' _' ~ _ ' Tf1EFlCE s. 30°12'W. 7.54.24 feC~:.,, N. 82°3l'W. 297.22 faet;.N.38° 50'W. 449. ,feet; N. 52°IS'.W:~~494.'2 feet and N. 51°22'W. 237..3 ' --w feet to an~ron stake in the NW line of Baron B. rr^loyd property; ;HE::CP xCth Prnpr.rty line N. 48"57'I:_ X00.00 feet to the place of aeginn;ng. - ]'~ F ~ 15 4' bF n .. { 61 S~: Ti~mS~l~~i\ Srktil ~X71V I)P C,PI\~ P 1 uY r ' h y ~ f . ~.~. 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