ORDER NO. 30143 ABANDON, DISCONTINUE AND VACATE LOUISE EHLER ROAD AS COUNTY MAINTAINED Came to be heard this the 12th day of February, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve setting a public hearing for March 26, 2007 at 10:00 a.m. to abandon, discontinue and vacate Louise Ehler Road as a County maintained road. ,~c~!'!3 J ~~, COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz OFFICE: County Commissioner, Pct.3 MEETING DATE: JFebruary 12, 2007 TIME PREFERRED: SUBJECT: (please be specific) Consider, discuss and take appropriate action to set public hearing to abandon, discontinue and vacate Louise Ehler Road as a county maintained road. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING THE COURT: Comm. Letz, Pct 3 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: 5:00 P.M. on the Tuesday prior to the meeting. THIS REQUEST RECEIVED BY: REQUEST RECEIVED ON: na 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, Court Order No. 25722. rou W VI v~.uca JUIIGUIdII LtlIL CHRIS WALLENDORF Attorney at Law and Mediasor 722 Front Street, Suite 101 Schwethelm Professional Building P. O. Box 279 Comfori, Texas 78073 Telephone: (830) 995-2575 Facsimile: (830) 995-2668 chrisw7@hctc.net September 19, 2006 o.w-aao-t i w~ P. i Hand Delivered Commissioner Jonathan P. Letz Kerr County Commissioner's Court Kerr County Courthouse Kerrville, Texas 78028 Re: Abandonment of Louise Ehler Road Dear Commissioner Letz, If you recall, 1 represent Ivlr. M. W. Delmer, M.D., with respect to his re- quest for the abandonment of Louise Ehler Road as a county maintained road. I met with you and Rex Emerson earlier this year on March 14, 2006, regarding what steps were necessary in order to proceed with the abandon- ment of the road. At that meeting I provided you with a copy of an easement agreement that Dr. Delmer had made with the Lane Valley Community Cen- ter and a copy of correspondence to you dated August 14, 2003, from Dr. Delmer and Ruben Ehlers, Ella Hamlyn, David Hamlyn and Sydney Kunz in which it was requested that Louise Ehler Road be abandoned. I am attach- ing copies of those documents again in the event the ones I provided are no longer available. I am also now enclosing a copy of an Easement Agreement for Access be- tween Dr. Delmer and the following persons ("Grantees"): Ella Ehlers Ham- lyn, Ruby lean Ehlers Kunz, Sidney E. Kunz, Linda D. Chaison, Robert C. Hamlyn, Datizd M. Hamiyn, Jo Hamlyn, Ruben Ehlers and Ida Ehlers. This agreement was filed in the Official Records of Kerr County on September 1 ~, 2006, and provides on page 2 that the parties agree that Louise Ehier Road would be maintained as a private right-of--way and further, at the end of paragraph i on page 4 of the agreement, that the Grantees will not contest the efforts of Dr. Delmerrn seeking the abandonment of Louise Ehler Road. The agreement of the parties to take any action necessary to ensure the abandonment of Louise Ehlers Road is reiterated in paragraph 1 1 on page 7 Feb 03 07 07:02a Jonathan Letz 830-995-2140 P•2 September 19, 2006 Commissioner Jonathan P. Lelz ofthe easement agreement. Thus, the parties have come to a mutual agreement to provide access to the Louise and Kurt Ehlers Farm across Dr. Delmer's property and to maintain Louise Ehler Road as a private right-of--way, I hope that these documents address the concerns you raised during our meeting. On behalf of Dr. Delmer and the other signatories to the Easement Agreement for Access, I respectfully request that the abandonment of Louise Ehler Road be submit- ted to the Commissioners Court for approval at the earliest possible time. Also, the parties respectfiJlly request that after abandonment, Louise Ehler Road be renamed and henceforth known as "Barbary Way," to distinguish its new status as a private right-of--way. If you require any additional information, please iet me know. Thank you for your assistance in this matter. Since/rely yours, ~~~~?~~ CHRIS WALLENDORF CKV4':ckw cc: Rex Emerson, County Attorney Merle W. Delmer, M.D. ;~lLc-~ie ~ ~-U~w~g' PUBLIC PARTICIPATION FORM - ~'~~U~~ FOR ?.1~"~ KERR COUNTY COMMISSIONERS' COURT a -/~-~~ 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 copy for the Clerk to ensure that one is put into the record. Name: ~~ ~ V 4/ . ~r h Address: 'z 6 Sh~ ~l~To~u/r, T x ~ X21 z Telephone: alb ° d'ti6 ~ i> ? ? Place of Employment: Employment Telephone: "~ 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 `, 2 ? In general, are you for or against such Agenda Item (or Items)? For /Against Signature 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 your name and who/what you represent clearly for the court reporter to accurately record who you are.