ORDER NO.30229
EXCHANGE OF RIGHT OF WAY FOR THE END OF UPPER TURTLE
CREEK ROAD
Came to be heard this the 9th day of April, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Accept the new road so that it can be opened by the Road and Bridge
Administrator, and have the County Attorney draw up any legal documents that we
need to do a quitclaim of the old road back to the property owner, contingent on
the County Attorney researching whether or not a Public Hearing has been done on
this and/or whether a Public Hearing is needed for this situation.
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COMMISSIONERS' COURT AGENDA REQUEST
MADE BY: Leonazd Odom
MEETING DATE: Auril 9, 2007
OFFICE: Road & Bridge
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): Consider. discuss, and take aaaroariate action to accent the
exchange of rieht of wav for the end of Uaaer Turtle Creek Road, and open the new portion of road.
Pct. 1 & 4
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Leonard Odom
3STIMATED 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 a follows:
Meeting scheduled for Mondays:
5:00 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 formal consideration and action at time of Court Meetings. Your cooperation
will be appreciated and contribute towazds 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
Kemille, Texas 78028
TO: COMMISSIONERS COURT
FROM: LEONARD ODOM
DATE: April 3, 2007
RE: Realignment of Upper Turtle Creek Road
The landowner at the end of Upper Turtle Creek Road asked to move the road away from his
house. He constructed a new road, paid for the survey and field notes, and will dedicate the right
of way to Ken County. Kerr County is to deed the old road back to him.
At this time we ask the Court to accept the documents as presented and have the County
Attorney do what ever is necessary to complete the transaction.
•-- At this time we ask that you allow us to open this new section of road.
Th
upper turtle ck3
METES AND BOUNDS DESCRIPTION
NEW AND RE-ROUTED PORTION OF
UPPER TURTLE CREEK ROAD
SIXTY (60) FOOT WIDE PUBLIC ROAllWAY
Being a sixty (60) foot wide public roadway situated in Kerr County, Texas; being situated in
Survey No. 1301, T. W.N.G. Ry. Co., Abstract No. 631; being 1.46 acre part of that certain 80.61
acre tract conveyed from Aime Frank Real and wife. Elizabeth Hokin Real to Rhonda Lynn
Harden by Warranty executed the 5°i day of August; 1992, recorded in Volume 650, Page 720,
Real Property Records of Kerr County, Texas; being also a 1.13 acre part oC that certain 35.64
acre tract conveyed from Aime A. Real and Rhonda Lynn Harden to Real Heritage Limited
Partnership by Warranty Deed executed the 29'h day of Mazch, 1994, recorded in Volume 739,
Page 587, Real Properly Records oC Kerr County, Texas: being also a 0.0035 acre part of that
certain 6.14 acre tract conveyed from Leroy O. Lamprecht to Anthony W. Harden and wife,
Rhonda L. Harden by deed recorded in Volume 1251, Page 301, Keal Property Records of Kerr
County, Texas; and said sixty (60) foot wide public roadway being more particulazly described
by metes and bounds as follows:
BEGINNING at a''R' rebar rod set in the southerly right-of-way line of Upper Turtle Creek
Road as dedicated in Volume 353, Page 271, Real Property Records of Kerr County, Texas to a
[nark the Easterly Northwest corner of the herein described roadway parcel; said rod being
located approximately 1487.7 feet, S 46°07' W from the northeast or most easterly corner of that
certain 80.61 acre tract conveyed from Aime Frank Real and wife, Elizabeth I-Iolrn Real to
Rhonda Lynn Hazden by Warranty executed the 5'" day of August, 1992, recorded in Volume
650, Page 720, Real Property Records of Kerr County, Texas;
THENCE with said southerly right-of-way line; S 74°3700" E, 68.19 feet to a'/z" rebar rod set
in the southeast boundary of said 80.61 acre tract marking the most Easterly Northeast comer of
'-°~ the herein described tract;
THENCE, with the southeast boundary of said 80.61 acre tract in common with the northwest
line of that certain 369.92 acre tract in the name of Raquel Vergara recorded in Volume t 186,
Page 155; S 42°44'04" W, 430.52 feet to a ''/:" rebar rod set for a corner;
THENCE through the interior of said 80.61 acre tract and 35.64 acre tract, with the southerly
boundary oCthe herein described roadway parcel, the following courses:
S 55°1718" W, 130.16 feet to a 'h" rebar rod set for a corner;
S 85°49'SU" W, 387.28 feet to a'/,_" rebar rod set Cor a corner.
N 81°32'44" W, 342.89 feet to a''/z" rebar rod set for a corner;
N 86°05'00" W, 179.83 feet to a ! ~" rebar rod set for a corner;
N 57°22' IS" W, 372.65 feet to a !4" rebar rod set for a corner;
N 67°58'08" W, 76.27 foet to a'/"rebar rod set in the westerly boundary of said 6.14 acre tract;
THENCE, N 112°111'54" W, 9.25 feet to a `S" rebar rod set marking the Northwest corner of the
herein described roadway parcel in the southerly right-of-way line of Upper Turtle Creek Road
as dedicated in Volume 353, Page 271, Real Property Recoils ut Kerr County, Texas;
THENCE with said southa~ly right-uf~-way line; S R6°70'00" E, 137.89 feet to a Y:' rebar rod
set far a corner;
""' THENCE dtruugh the interior of said 80.61 acre tract and 31.64 acre tract with the north
boundary of the herein described roadway, the following courses:
S 57°22' L$" E, 316.67 Ceet to a '.4" rebar rod set for a corner;
TI_x9szo6
r,,,_ S 86°OS'OU" E, 16fi.85 feet to a'h" rebar rod set for a corner;
S 81°32'44" E, 338.63 feet to a'h" rebar rod set for a corner;
N 85°49'50" E, 364.26 feet to a '/," rebar rod set for a corner;
N 55°1718" E, 108.26 feet to a Y" rebar rod set for a comer;
N 42°45'22" E, 80.59 feet to a `~" rebar rod set for a corner;
N 35°32'33" E, 178.24 feet to a''/,." rcbar rod set in the beginning of a curve to the right for a
corner;
Along said curve to the right having a radius of 243.55 feel, arc length of 99.29 feet and a long
chord: N 47°I3' 19" E, 98.60 feet to a '/~" rebar rod set subtended by a curve to the right for a
corner;
Along said curve to the right having a radius of 226.45 feet, arc length of 38.41 feet and a long
chord: N 63°45'38" E, 38.37 feet to the POINT OF BEGINNING, encumbering 2.59 acres of
land, a companion document to a plat of this survey dated November 28, 2006. Bearings cited
herein based on rotation to True North ti'om GPS Observations.
Prepared this the 28th day of November, 2006.
Gary Max Brandenburg
Registered Professional Land Surveyor No. 5164
"' TEXAS LAND BOUNDARIES
2616 junction Hwy.
Kerrville, Texas 78028
830-257-3839
TLB982-06
METES AND BOUNDS DESCRIPTION
CLOSED AND ABANDONED PORTION OF FORMER
SIXTY (60) FOOT WIDE PUBLIC ROADWAY EASEMENT
Being a description for a Closed and Abandoned portion of a sixty (60) Coot wide public roadway
easement situated in Kerr County, Texas commonly known as Upper Turtle Creek Road; being
situated in Survey No. 1301, T. W.N.G. Ry. Co., Abstract No. 631; being upon, over and across
that certain 80.61 acre tract conveyed from Aime Frank Real and wife, Elizabeth Holm Real to
Rhonda Lynn Harden by Wu'ranty executed the 5°i day of August, 1992, recorded in Volume
650, Page 72Q, Real Property Records of Kerr Cormty, Texas; and said silty 160) foot wide
public roadway easement Closed and Abandoned being more particulazly described by metes and
bounds as follows:
BEGINNING at a''/x" rebar rod seC in the southerly right-of-way line of Upper Turtle Creek
Road as dedicated in Volume 353, Page 271, Real Prope~Yy Records of Kerr County, ~1'exas to a
mark the Southeast comer of the herein described roadway parcel; said rod being located
approximately 1487.7 feet, 5 46°07' W from the northeast or most easterly corner of that certain
80.61 acre tract conveyed from Aime Prank Rea] and wife, Elizabeth Holm Real to Rhonda Lynn
Harden by Warranty executed the 5°i day of August, 1992, recorded in Volume 650, Page 72Q,
Real Property Records of Kerr County, Texas;
THENCE with the south right-of-way line of the herein described roadway easement, the
following courses:
N 74°3700" W, 800.37 feet to a ''/:'rebar rod set for a comer;
S 73°16'00" W, 77.99 feet to a ''/z" rebar rod set for a coiner;
S 31°4TUO" W, 260.29 feet to a S's" rebar rod set for a corner;
S 63°56'00" W, 293.37 feet to a 9z' rebar rod set for a corner;
N 86°10'00" W, 239.02 feet to a 4i" rebar rod set marking the Southwest corner of the herein
described roadway;
THENCE with the west boundary of said roadway, N 57°22' 15" W, along new routing, 124.56
feet to a Y" rebar rod set marking the Northwest corner of the herein described roadway;
THENCE with the north right-of-way line of the herein described roadway easement, the
following courses:
S 86°10'00" E, 332.16 feet to a ''/z" rebar rod set for a corner;
N 63°56'00" E, 2611A6 feet to a rz" rebar rod set for a corner;
N 31°47'00" E, 265.73 feet to a''/z" rebar rod set for a corner;
N 73°lfi'00" E, 117.99 feet to a'~z' rebar rod set for a corner;
S 74°3700" E, 949.84 feet to a ;!" rebar rod set marking the Northeast corner of the herein
described roadway;
TLB982-06
THENCE with the east boundary of the herein describal roadway, the following courses:
~.. S 84°18'00" W, along new routing, 83.74 feet to a'/z' cebar rod set in the begirming of a cwve
to the left for a corner;
Along said curve to the left having a radius of 226.45 feet, arc length of 61.97 feet and a long
chord: S 76°2737" W, 61.78 feet to the POINT OF BEGTNNING, formerly encumbering 2.47
acres of land, a companion document to a plat of this survey dated November 28, 2006. Bearings
cited herein based on rotation to True North from GPS Observations.
Prepared this the 28th day of November. 2006.
Gary Max Brandenbru'g
Registered Professional Land Surveyor No. 5164
TEXAS LAND BOUNDARIES
2616 Junction Hwy.
Kerrville, Tesas 78028
830-257-3839
TI,B982-06
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`' e~~~"~9GS' OPPER TURTLE _ ` --
'''`'"` CREEK ROAD
NEW ROUTE TO BE ~pENED _ -- ~- " ~\ ,`
TRAGT TWC' 35.x' AC.
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T0: REAL VOL. 739,
Match 29,1994
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