ORDER NO. 30599 VACATE, CLOSE AND ABANDON PORTION OF UPPER TURTLE CREEK ROAD Came to be heard this the 13th day of November, 2007, with a motion made by Commissioner Oehler, seconded by Commissioners Williams/Letz. The Court unanimously approved by vote of 3-0-0 to: Approve the Order to vacate, close and abandon the old portion of Upper Turtle Creek Road, the Execution of Road Dedication Deed for new portion, authorize the Judge to sign both documents, return the completed documents to the Jons Law Firm, for the Jons Law Firm to complete the Road Dedication Deed, authorize the Judge to sign the Road Dedication Ded once it is completed, and allow the Road and Bridge to open new roadway to traffic and close the old portion, located in Precinct 1. 3~.3 9 9 . ~ ~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINIAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom MEETING DATE: November 13, 2007 OFFICE: Road & Bride TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Consider, discuss, and take appropriate action to approve: ~'~ } , 1) Order to Vacate, Close, and Abandon the old portion of Upper Turtle Creek Road; 2) Execution of Road Dedication Deed for the new portion; 3) Judge to sign both documents; 4) Road & Bridge to open the new roadway to traffic and close the old portion EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom ESTIMATED 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 towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. reg3 y~rK~ 4 ~ °q~- ~ ~a Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: October 31, 2007 RE: Opening New Portion of Upper Turtle Creek Road We posted the road Oct. 22, 2007, as well as here in the Courthouse telling the public we would open the road today (Nov. 13, 2007). Now we need to approve the following: • Approval of the Order Vacating, Closing and Abandoning Portion of Old Road and have Judge sign same. • Return completed documents to the Jons Law Firm, and for them to complete the Road Dedication Deed. • Approval for the Judge to sign the Road Dedication Deed once it is complete. • Allow Road & Bridge to open the new road and close the old today as posted. Th UTC acceptance doc2 Z:\Rit\CLIENT\IlardenT\7132.OOl.relocate road\Petition.doc Np, 30599 STATE OF TEXAS COMMISSIONERS' COURT COUNTY OF KERR § OF KERB COUNTY, TEXAS PETITION TO VACATE, ABANDON AND DISCONTINUE ROAD TO THE HONORABLE COMMISSIONERS' COURT OF KERB COUNTY, TEXAS: WHEREAS, there presently exists an easement and right of way known as part of Upper Turtle Creek Road, over and upon a 2.47 acre, more or less, tract of land owned by Rhonda Lynn Harden and Anthony W. Harden and lying and being situated in Precinct No. 1, Kerr County, Texas, being more fully described by beginning point and terminating point in the field notes and plat prepared by Gary M. Brandenburg attached hereto as Exhibit A and Exhibit A-1, respectively, incorporated herein for all purposes, such easement and road being presently utilized as a public road ("OLD ROAD"); and WHEREAS, such OLD ROAD has become inconvenient to use as public roads and is no longer needed or desirable to use as a public road, in that, Rhonda Lynn Harden and Anthony W. Harden, Petitioner, own all the 2.47 acre tract on which is located a sixty (60) foot wide Public Road Easement Dedication as more particularly described in a Dedication Deed of Record in Volume 353, Page 271 of the Real Property Records of Kerr County, Texas; and WHEREAS, the said Rhonda Lynn Harden and Anthony W. Harden have this date delivered to this Court a Road Dedication Deed conveying a new (60) foot wide Public Road Easement (the "New Public Road Easement") upon which is a newly completed paved road which will replace the Old Road and is more desirable to use as a public road, a description of the New Public Road Easement is attached hereto as Exhibit B; and vvHEREAS, tiic OLD ROtiD coYlstitutes aii easement across Rhonda Lynn Harden and Anthony W. Harden's land thereby effectively denying them the use of the surface of the road which lies within the OLD ROAD, without any real benefit to others especially in light of the dedication of the New Road; and WHEREAS, it would be to the public interest to vacate, close, abandon and discontinue such OLD ROAD. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT pursuant to Section 251.052 of the Texas Transportation Code, each of the undersigned persons or entities, hereinafter called PETITIONERS, being at least eight (8) freeholders in and of the aforesaid precinct in which such OLD ROAD is desired to be vacated, abandoned and discontinued, hereby respectfully petition the Honorable Commissioners' Court of Kerr County, Texas, (hereinafter called the "COURT"), to vacate, discontinue, close and abandon the above described and above mentioned OLD ROAD, and further to place this matter Z:\Rit\CLIENT\IIardenT\7132.OOl.relocate road\Petition.doc on the agenda of the Court for action at the first regular or special meeting of the Court occurring as soon as possible after expiration of twenty (20) days from the date of posting of this Petition. PETITIONERS further respectfully allege that such action by the Court would be expedient and would better serve the public interest. Statutory notice of this Petition will be given by posting one copy of same at the Courthouse door of the County Courthouse, Kerr County, Texas, and further by posting one copy each at two other public places in the vicinity of the route of such OLD ROAD, all for a period of at least twenty (20) days, all as required by law. Each of the undersigned affirm that such person or entity is presently a freeholder of Commissioner's Precinct No. 1, _Kerr County, Texas. i ~' - Printed Name: Rhonda Lynn Harden Respectfully submitted, 2. - __ _ Printe Name: Anthony W. Harden Pr' am Amie Frank Real 5. - ~ 6. Printe Name: H. Rit an Jons 7. r 8. Printed'~1ame: Jim Wallace ~ ~ 9. ' P inted N e: Tern Wallace 10. o Pr' ted Name: .Kelly 2 Exhibit A Being ~ description for a Closed anal .nharxluned portion of a sixty (60) lixri wide public. roadw;rv casement situated in Kerr County, 1cxas commonly lalown as Upper Ilirtle Creek Road; being situated in Survey No- 1301, "Lti'.N.G_ Ry. Co., Abstract No. 631; being upon, over and across that certain 80.61 aue tract conveyed Crom Aime Frank Real and ~~~ife, ]ai~abcth 1-Ioim kcal to Rh<~nda l.,ynn I larder by Warranty executed [he S'~' day of August, 1992, recorded in Volume 650, Page 720, kcal Property Kecords of Kerr County, ~i~exas; and said sixty (60} I~x~t wide public roadway casement Closed and Abandoned being more particularly described by metes and bounds as follows: BEC;INNING at a'/~" rebar rod set in the southerly right-of-way line of Upper'Tw~tle Creek Road as dedicated in Volume 353, Page 271, Real Property Records of Kerr County, "hexas to a mark the Southeast corner of the herein described roadway parcel; said rod being located approximately 1487.7 feet, S 46°OT W from the northeast or most easterly corner of that certain 80.61 acre tract conveyed from Aime Frank Real and wife, Elizabeth I-Ioim Real to Rhonda Lynn hlarden by Warranty executed the 5`~' day of August, 1992, recorded in Volume 650, Page 720, Kea1 Property Records of Kerr Cow~ty, Texas; 'THENCE with the south right-ol=way line of the herein desci~bed roadway easement, the following cowses~. N 74°37'00" W, 800.37 fee[ to a 'i~'~ rebar rod set for a comer; S 73°16'00" W, 77.99 feet to a 'i~" rebar rod set for a corner; S 31°47'00" W, 260.29 feet to a'i~" rebar rod set for a corner; S 63°56'00" ~'~', 293.37 feet to a ''!z" rebar rod set for a corner; N 86°10'00" W, 239.02 feet to a '/~" 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 '/~" 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: 36°~ ~1'Qnn }~ i '32,1 ( fact 1n 2 !~" ,P.bH'. ,~ d ~Ct iC: a Cvri7cr: N 63°56'00" E, 260.06 feet to a !~z" rebar rod set for a corner; N 31°47'00" E, 265.73 feet to a '/~" rebar rod set for a corner; N 73°16'00" F,, 117.99 feet to a '/~" rebar rod set for a corner; S 7d°37'00" E, 949.84 feet to a '/~" rebar rod set marking the Northeast corner of the herein described roadway; ~hLI3982 C)6 Tfl[?NCE ~~ith the cast boundary of the herein described roadway, the following courses: S 84°18'00" W, along new routing, 83.74 feet to a `/~" rebar rod set in the beginning of a cw ve to the left for a cornea; 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°27'37" VJ, 61.78 lect to l}te NOINT OF BEGINNING, formerly encumbering 2.~7 acres of land, a companion docume~it to a plat of this survey dated November 28, 2006. Bearings cited herein based on rotation to Prue North from GPS Observations. Prepared this the 28th day of Nov ber, 0(i. *~FT~.~ 5 ~0~s ee~"~r ~ o C ~ ry Iv1ax `Bran enbu g `...,~,,,„.,., Registered Professional Land Surveyor No. ~ 164 GARY B TEXAS LAND BOUNllAR1ES 9 5164 ~ 26]6 .lunction Hwy. CRF~s~~i Kerrville, Texas 78028 ~~~ 830-257-3839 ~v TL13982-06 Exhibit A-1 ~'~~ "„oaJ~ ~ ~~ ~~~ ba~,~;. ~ ~ ~ ooh ~ ~'~:~ ~~,~~ ~~ .qf;~ ~ ~ , ~', ,~b~ ~ e ~ i I 1 I \ ~ iN z 1_ ~k~ / ~ a-dr~~ Y` ~\ ~ ~~~~V ~ io3~ 1 ~ tiM H ~b ~ u ~ *a~ °"h'~: ,a '~,~ ~ M° ~o f : ~ _ ~ ~'b ~'~~' ~ y a ~ ry.~,, `v ~ ~' ~iYC r 24 ~ ' ; ~ o ~ ( r ~~^ Sn II <~ „" mah o~'8 t~> _Q sl x<~o~g„ Gi '~l~ / y \L o y ~~~ YY h aaak~gv- ..~.,,.,v .. ~~ ~s"a e~ ~i ~ ~\ i ~'. ~ \\ ~'~~' i '~ ~~~ ~ i ~y r% _ ~ ._a l ' of o x ~ = .wa 0 mF~ \ . \\ ,R ~v a~~<~ ..,4 ~ ,r~ \ ^ ,.w Q Y .. 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QU < ~{'~ ' hF_ `tK I O "n ~F- ~.w ~. ~~ ~ ~G pY ~p rn vU ~o ~. q¢ ~w ~~ _~ ~o o~' z~. r.ou, ; x ~ E-- ,~ p o cc ~ ,twj ~ O.~~j S v~ Y y ~~ °q [°. °U paw. c "~ ~W Ocl FO w o~ a aF wO >a ~d i ao °q °~ r~ c F U P. Q oa ~F Wa [-a. F Fq ~W ~r w., o° ~a~, ev w mt .ria 'F 7 F p Z ~ ''G ~ .Z. O p~p 0..~ yQa ~~- ~t :~ a wr [-o E-'w m~ a¢ ctr ~~ w v R'3 CJw Uj U~ ? FV F° E-.p C o° ¢¢ 'r~> ¢a a aF xa, x. so w °~~ Z`D 7w z~ V {,.~ U w Cil w >.-1 m~ mp m~ L ¢m Q~ o~ via `_''-°.s Ha ax a sF~ E~ 9pi [fiR[A 9F{y ~`l FP_k DONS LAW FIRM H. RTI711AN (`Rit") JONS ritQjonslaw.com 829 MAIN STREET, SUITE B KERR VILLE, TEXAS 78028 Tel: (830) 896-8383 Fax: (830) 896-3535 www.jonslaw.com HUGH R jONS, JR. hughOjonslaw.com October 9, 2007 VIA HAND DELIVERY Ms. Jody Grinstead Commissioners' Court Coordinator Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 RE: Rhonda Lynn Harden and Anthony W. Harden Road Dedication; Our File No. 7132.001 Dear Ms. Grinstead: Enclosed you will find a copy of the executed Road Dedication Deed. Once the Court has provided me with a signed Order abandoning the existing public road over the Harden Property, which Order was delivered to you October 4, 2007, I will deliver the original Road Dedication Deed to you to be recorded in the appropriate records of Kerr County, Texas, and it is my understanding that same in on the Agenda for October 22, 2007. Please remember that the Order (and hence the meeting date of the Court) abandoning the existing public road over the Harden Property can not be signed until the expiration of 20 days after the date the required posting under Section 251 of the Transportation Code has run its course. According to my calculations October 22, 2007 does not allow said 20 days; i.e., the Notice of Abandonment would had to be posted by October 2, 2007, which said Petition was not delivered to you until October 4, 2007. This requirement is jurisdictional and cannot be waived. If you have any questions, please call. I~.Inb Enc. Z:\Rit\CLIENT\HardenT\7132.OOl.relocate road\ltr Commissioners Court Ol.doc Yours truly, Z:\Rit\CLIENT\HardenT\7132.OOl.relocate road\road dedication deed.doc ROAD DEDICATION DEED ~ Y By: RO-Blue Water Ranch, Inc., its general partner STATE OF TEXAS § COUNTY OF KERR § That REAL HERITAGE LIMITED PARTNERSHIP, a Texas limited partnership, RHONDA LYNN HARDEN and ANTHONY W. HARDEN, (herein collectively "Grantor"), for a sufficient consideration received, hereby GRANTS AND DEDICATES unto the COUNTY OF KERB, Texas ("Grantee"), a sixty (60) foot wide perpetual public easement ("Public Easement") for use by the public for a public road and utility right-of--way purposes, over, across and upon that certain 2.59 acre parcel of land described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Easement Tract"); together with the public's the right of ingress and egress over and along said Easement Tract for the purposes above stated; provided that Grantor hereby reserves the fee title to the Easement Tract (including the mineral estate appurtenant to the Easement Tract) for Grantor, Grantor's heirs, successors and assigns, subject to the rights and use of the Public in and to the Public Easement. This conveyance and dedication is made and accepted SUBJECT TO all restrictions, easements and outstanding mineral interests and reservations shown of record in the Office of the County Clerk of Kerr County, Texas, to the extent that the same are valid, subsisting and encumbers the Easement Tract (collectively the "Exceptions"). TO HAVE AND TO HOLD the Property unto Grantee, Grantee's successors and assigns forever, subj ect to the Exceptions; and Grantor hereby binds Grantor, Grantor's heirs, successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, Grantee's successors and assigns, subject to the Exceptions, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through or under Grantor, but not otherwise. Yet EXECUTED the ~ day of October, 2007. REAL HERITAGE LIMITED PARTNERSHIP, a Texas limited partnership B ~F- Amie Frank eal, President ~~ Rh a L den Anthony W. arden 1[ lrr//// ;. STATE OF TEXAS § COUNTY OF KERB § This instrument was acknowledged before me on the ~_ day of October, 2007, by AMIE FRANK REAL, President of RO-Blue Water Ranch, Inc., general partner of REAL HERITAGE LIMITED PARTNERSHIP, on behalf of said partnership. USA A BERNHARD _• : MY COMMISSION EXPIRES I';~t: r Mara, 29, 201 ~ STATE OF TEXAS § COUNTY OF KERB § ~ i Notary u lic, State of Texas ~` This instrument was acknowledged before me on the ~ day of October, 2007, by RHONDA LYNN HARDEN and ANTHONY W. HARDEN. ., . C~ ~~ usA a sERrwaAD `: 1 ~ MY COMMISSION EXPIRES s ,~„ "~d'2s'2o11 Notary Public, State of Texas ACCEPTANCE OF DEDICATION AND MAINTENANCE The dedication of the Easement Tract for a perpetual public road easement as above stated is hereby accepted by Kerr County, together with all maintenance of said Easement Tract subsequent to date hereof. COUNTY OF KERR By: Name: Pat Tinley Title: County Judge 2 ~ ~ ~ ~~~~ ®~ ,~ STATE OF TEXAS § COUNTY OF KERB § This instrument was acknowledged before me on the day of , 2007, by Pat Tinley, County Judge of Ken County, Texas, pursuant to an order of the Commissioners Court of Kerr County, Texas. Notary Public, State of Texas PREPARED IN THE OFFICE OF: JONS LAW FIRM H. Ritman Jons 829Main Street, Suite B Kerrville, Texas 78028 Phone: (830) 896-8383 3 * t. .-~~, e ~ ~~ ~t.S EXHIBIT A 14cutl; ;~ sixty (GO) feral wale l>uhhc rerxl4vay situ:tlcd in Iy Warranty cxccutcd lhr 5"' d , Ahsluici N~~_ (>31; I~~cinE~, ] ~(~ acre ~~art u1 that ccrl~iin $U 61 acre irac~ conveyed Gom Aimc l~ranl< Rcol