ORDER NO. 30580 VACATE AND DISCONTINUE ROAD FOR PART OF UPPER TURTLE CREEK ROAD Came to be heard this the 22nd day of October, 2007, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve posting the Affidavit of Posting Notice of Petition to vacate, abandon and discontinue road for part of Upper Turtle Creek Road. ~•~ ~ ~~s~ COMMISSIONERS' COURT AGENDA REQUEST ONE TEN BY MADE BY: Leonard Odom MEETING DATE: October 22, 2007 OFFICE: Road & Bride TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Consider, discuss, and take apnroHriate action to accent Petition to Vacate and Discontinue Road for Hart of Upper Turtle Creek Road, and Hosting of same 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 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. err reg3 t,'f E 0 y~ ~~ Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: October 16, 2007 RE: Opening New Portion of Upper Turtle Creek Road Upper Turtle Creek Road went very close to Mr. & Mrs. Harden's home and they wanted it moved to a better location on their own property. They worked with Commissioner Baldwin and the Road & Bridge department to locate and build a new road constructed to County specifications. The property owners paid all construction and legal cost for the road. The road has been finished for some time and we have been waiting for the documentation to close the old part of the road and open the new portion of the road. The County Attorney has reviewed the documents and as we understand the following items need to be addressed today: 1. Approval of an Affidavit of Posting Notice, and approval for Len Odom to sign same. 2. Approval of the sign to be posted at both ends of the new section of Upper Turtle Creek Rd., as well as posting at the Courthouse door. 3. Acceptance of Petition to Vacate, Abandon & Discontinue Road signed by the property owners. We will post the road today (Oct. 22, 2007) and after the 20 day posting, we will return to the Court on November 13, 2007 for: • Approval of the Order Vacating, Closing and Abandoning Portion of Old Road and approval for Judge Tinley to sign same. Once this is approved, completed and returned to the Jons Law Firm, they will execute the Road Dedication Deed. If possible we would like to get approval on Nov. 13, 2007, for the Judge to sign the dedication deed without coming back to the Court another time. Th UTC acceptance doc Search - 1 Result - 251.052 ~ Page 1 of 2 (~-~,S Switch Client ;Preferences ;Sign Off ; Help :Search t Research Tasks '~ Get a Document ~{ Shepard's~ Alerts ~ History ; '~/ Source: Legal > States Legal - U.S. > Texas > Find Statutes Regulations, Administrative Materials & Court Rules > TX - Texas Statutes 8~ Codes Annotated by LexisNexis -Selected Documents ~.,~ TOC: Texas Statutes and Codes > / ... / > SUBCHAPTER B. ESTABLISHING AND CLOSING ROADS > § 251.052. Public Application for New Road or Road Change Terms: 251.052 (Edit Search ~ Suggest Terms for My Search) Tex. Transp. Code § 251.052 TEXAS STATUTES AND CODES ANNOTATED BY 'Practitioner's Toolbox Q Q` LEXISNEXIS(R) History *** This document reflects legislation enacted through the 2007 session *** *** that took effect on or before July 1, 2007 *** *** Annotations current through August 15, 2007 *** TRANSPORTATION CODE TITLE 6. ROADWAYS SUBTITLE C. COUNTY ROADS AND BRIDGES CHAPTER 251. GENERAL COUNTY AUTHORITY RELATING TO ROADS AND BRIDGES SUBCHAPTER B. ESTABLISHING AND CLOSING ROADS GO TO TEXAS CODE ARCHIVE DIRECTORY Tex. Transp. Code § 251.052 (2007) § 251.052. Public Application for New Road or Road Change (a) The residents of a precinct may apply for a new road or a change in an existing road by presenting to the commissioners court a petition signed by: (1) eight property owners in the precinct, if the application is to request a new road or that a road be discontinued; or (2) one property owner in the precinct, if the application is for a change in a road other than discontinuing the road. (b) A petition presented under Subsection (a)(1) must specify the beginning and termination points of the proposed new road or road to be discontinued. (c) The commissioners court may not grant an order on an application made under this section unless the applicants give notice of their intent to apply by posting, at the courthouse door and at two other places in the vicinity of the affected route, a written notice of their intent for at least 20 days before the date the application is made. History: r- Stats. 1995 74th Leg. Sess. Ch. 165, effective September 1, 1995. LexisNexis (R) Notes: http://www.lexis.com/research/retrieve? m=f451e45d3f812c82e8f7b90ffc896511&csvc=b... 10/9/2007 Starch - 1 Result - 251.052 Treatises and Analytical Materials: Page 2 of 2 1. 43 Tex Jur HIGHWAYS AND OTHER PUBLIC WAYS § 25, Texas Jurisprudence, Third Edition, Highways and Other Public Ways, ~ 25 Procedures, generally; constitutionality, Copyright 2003 West Group. 2. 43 Tex Jur HIGHWAYS AND OTHER PUBLIC WAYS § 26, Texas Jurisprudence, Third Edition, Highways and Other Public Ways, § 26 Petition by residents for new road, Copyright 2003 West Group. 3. 43 Tex Jur HIGHWAYS AND OTHER PUBLIC WAYS § 27, Texas Jurisprudence, Third Edition, Highways and Other Public Ways, § 27 Requirement of public notice, Copyright 2003 West Group. 4. 43 Tex Jur HIGHWAYS AND OTHER PUBLIC WAYS § 95, Texas Jurisprudence, Third Edition, Highways and Other Public Ways, § 95 Discontinuance or vacation, Copyright 2003 West Group. 5. 43 Tex Jur HIGHWAYS AND OTHER PUBLIC WAYS § 100, Texas Jurisprudence, Third Edition, Highways and Other Public Ways, § 100 Change in road on application of residents, Copyright 2003 West Group. Source: Legal > States Legal - U.S. > Texas > Find Statutes Regulations Administrative Materials & Gourt Rules > TX - Texas Statutes i3< Codes Annotated by LexisNexis -Selected Documents "lam TOC: Texas Statutes and Codes > / ... / > SUBCHAPTER B. ESTABLISHING AND CLOSING ROADS > § 251.052. Public Application for New Road or Road Change Terms: 251.052 (Edit Search ~ Suggest Terms for My Search) `'~'" View: Full DatelTime: Tuesday, October 9, 2007 - 9:01 AM EDT Search ~ Research Tasks ~ Get a Document ~ Shepard's®~ Alerts HiStOn/ ~ Delivery Manager ~ Switch Client I Preferences ~ Simon Off ~ Help About LexisNexis I Terms & Conditions I Contact Us ~,,,)(}$~~~~' Copyright n 2007 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. ~r-" http://www.lexis.com/research/retrieve? m=f451e45d3f812c82e8f7b90ffc896511&csvc=b... 10/9/2007 Z:\Rit\CLIENT~Harden'I17132.OOl.relocate roadWffidavit of Posting.doc "~' No. STATE OF TEXAS § v~r ~ .~ COMMISSIONERS' COURT COUNTY OF KERB § OF KERB COUNTY, TEXAS AFFIDAVIT OF POSTING NOTICE STATE OF TEXAS STATE OF TEXAS § COUNTY OF KERB § BEFORE ME, the undersigned authority, on this day personally appeared LEONARD ODOM, who, known to me to be the Road and Bridge Administrator of Kerr County, Texas, and after being by me first duly sworn, says on his oath: "l. That I posted a true and correct copy of the Petition To Vacate, Abandon and Discontinue Road, hereto attached as Exhibit A, at the following places, to-wit: a. One (1) at the courthouse door of the County Courthouse of Kerr County, Texas, Kerrville, Texas. b. One (1) at the beginning of the portion of the county road described in Exhibit A of such Petition to Vacate, Abandon and Discontinue Road; and c. One (1) at the termination of the portion of the county road described in Exhibit A of such Petition to Vacate, Abandon and Discontinue Road. 2. That said notices were posted by me on the day of September, 2007. Affiant LEONARD ODOM, Road and Bridge Administration for Kerr County, Texas SUBSCRIBED AND SWORN TO BEFORE ME by the said LEONARD ODOM, on this the day of , 2007. Notary Public, State of Texas EXIIIBIT A ~r Z:\Rit\CLIENT\HardenT\7132.OOl.relocate road\Petition.doc STATE OF TEXAS No. ,9 _, ,~: ~ ~~, , ,~ ~ y f .~..-~, ~~ t 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 WHEREAS, the OLD ROAD constitutes an 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\HardenT\7132.OOl.relocate road\I'etition.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~"""1._ Printed Name: Rhonda Lynn Harden Respectfully submitted, 2. - Printe Name: Anthony W. Harden ., :. ~ 3. c ~_----ti____ ~ _ 4. P ' am Amie Frank Real Prinfe Name: H. Rit an Jons 7. ame: Jim Wallace 8. r !a ~ 9 ; " ,; ~ ~ / ~~~ ~~ P inted N e: Terri Wallace 10. Pr' ted Name: .Kelly 2 Exhibit .A r } d 4 ~ tt lirint~, a dc.urihticrn I:u a ('lased ;rnd ;\h~uuluncd ic~r(iun crf a sixty (GU) Icui( ~e~idc public rciad~~-;iv c,isemcnt situated in l~~:rr (:aunty, I cx,r< cununonly hnuwn as Ilhhrr l urtlc (::reel: Kcrrd; beint, ~iluir(ccl in 5r.irvi~y Nei 1]1(.11 , 'I \\~.'~' (] Ry. Co , nbstract Ncr 63 1 , being upon, over nncl ,n:nr~,s shat certain 80 61 acre Iiact conveyed from i\ime prank Karl anti wife, l:hr.abeth I lnlm Kcal u> Rhonda Lynn 1 larder by ~>,~arnmty executed tyre 5°~ day of i~uhust, 1902. recorded in Vulunie biU, I'abe 72U, Kcal I'rahcrty kccorrls rrl Kerr (_'ount), I cxas; and said sixty (GO) lcwt wrde public roadway easement Closed and Abandimecl being more particularly described by nrelcs and bounds as follows. 131:(~INNINC at a ;•4" retrrr rod set in the southerly right-of-way line of L)pper Turtle C:rcek Road as dedicated in Volume 353, Page 271, Real Property Records of Kerr County, "fexas to a mark the Southeast corner of the herein described roadway parcel; said rod being ioca(ed approximately 1487.7 feet, S 46°07' W from the northeast or most easterly comer of that certain 80.61 acre tract conveyed from Aime Prauk Real and v,-ife, Elizabeth l lolm Real to Khonda Lynn I-Iarden by Warranty executed the 5'~' day of August, 1992, recorded in Volwne 650, Page 720.. IZcal 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°37'00" VV, 800.37 feet to a 'i4" rebar rod set for a corner S 73°16'00" W, 77.99 feet to a 'iz' rebar rod set for a corner; S 31°47'00" W, 260.29 feet to a '/," rebar rod set for a corner S 63°56'00" W, 293.37 feet to a '~4" rebar rod set for a corner; N 86°10'00" 1~V, 239.02 feet to a ''/z' rebar rod set marking the Southwest corner of the herein described roadway; T'HEN'CE with the west boundary of said road~~~ay, N 57°22' 15" VV, along new routing, 124.56 feet to a ''/z" rebar rod set marking the Northwest corner of the herein described roadway; THENCE ~•vith the north right-of-way line of the herein described roadway easement. the follrnving courses: - • S 86°1.0'00" E, 332.16 feet to a !/z" rebar rod set for a corner; N 63°56'OU" E, 260,06 feet to a ',~,"rebar rod set for a corner; N 31°47'00" );, 265.73 feet to a '/," rebar rod set for a corner; N 73°1000" F,, 117.99 feet to a '/:" rebar rod set for a corner; S 74°37'UO" E, 949.84 feet to a '/," rebar rod set marking the Northeast corner of the herein described road~~~aY; 'T111~;NCF, ~~ ith flit cast boundC jw . O CC U p O .-: ~y d ~ wU UV Uq f,m 7 iY .. ; ~ +- 'Cyr ,\`~\ ' ad ~'groa ~ I O a f" 1r. ~ ~ [-. 6~. E- .il~ e` ~a.~.. •, 6`~VJ \ og zm za: zo o Ii,TI;~ y z .'; % \ is 7`° ~~ z~ F ~ ° ~~ = \ ma ce x m " ~:' / ~ ,,, s '~ . ,., , r. ,~ .~ _ ..... _.. i___.`y _. _ .. I ``.~.~ oY~.: ~: ef. -r - :mow ~~ ~::n Ik W W N \ ~?~w.s $ F'iC °iI $~~wlC =x' r' ,, ~, z i - 1 tix.:IS ^ ~~ '^~ ., it a I; a ~,. ~ ;. r, > .• ~C _ . Y __ _._ ._ - s~ ~ 1 .y : ---~ S7d+[807Illf . L$p I I a~ '.4 ~__ z yr 'u$x '~a~Y ~ .~^' I 1 del I~~rx °A ~Yd': .: ~A }j3{` C ~d: 7 ~;~hihit fi ~~~~ 13cing a sixty (6U) foot wide public roadway situated in Kerr Cow~ly, l~exas; being situated in Survey No. 130], "r. W.N.G. IZy. Co., Abstract No. 6.31 ; being l .46 acre part of that certain 80.61 acre trace conve~~cd from !lime Frank Real and wife, I.ilizabeth l lolm Kcal to Rhonda Lynn Barden by Warranty executed the 5'~' day of ,4ugust, 1992, recorded in Volume (i~0, Page 720, Keal Property Records of Kerr County, "Texas; being also a 1.13 acre part of that certain 35.64 acre tract conveyed from Rime A. Real and Rhonda Lynn Idarden to Real Heritage Limited Partnership by Warranty lleed executed the 29`x' day of March, 1994, recorded in Volume 739, Page 587, Kcal Property Records of Kerr County, Texas; being also a 0.0035 acre part of that certain 6.14 acre tract conveyed from Leroy 0. Lamprecht to Anthony W. Harden and wife, Rhonda L. harden by deed recorded in Volume 1251, Page 301, Real Property Records of Kea~r County, Texas; and said sixty (60) foot wide public roadway being more particularly described by ,netes and bounds as follows: BEGINNING at a'/," rebar rod set in the southerly right-of-way line of Upper Turtle Geek Road as dedicated in Volume 353, Page 271, Real Property Records of Kerr County, 7~exas to a mar]< the Easterly Northwest corner of the herein described roadway parcel; said rod being located approximately ]487.7 feet, S 46°07' W from the northeast or most easterly corner of that certain 80.61 acre tract conveyed fi-om Aime Frank Real and wife, Elizabeth Holm Real to Rhonda Lynn Harden by Warranty executed the 5`h day of August, 1992, recorded in Volume 650, Page 720, Real Property Records of Kerr County, Texas; THENCF, with said southerly right-of-way line; S 74°37'00" E, 68.19 feet to a'/~" rebar rod set in the southeast boundary of said 80.61 acre tract marking the most Easterly Northeast corner 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 1186, Page 15~; S 42°44'04" W, 430.52 feet to a '/~" rebar rod set for a corner; TI-IENCE through the interior of said 80.61 acre tract and 35.64 acre tract, with the southerly boundary of the herein described roadway parcel, the following courses: S 55°17'18" VV, 130.16 feet to a %" rebar rod set for a corner; S 85°49'50" W, 387.28 feet to a '/," rebar rod set for a corner; N 81°32'44" W, 342.89 feet to a 'h" rebar rod set for a corner; N 86°OS'UO" W,179.83 feet to a '/z" rebar rod set for a corner; N 57°22' 15" W, 372.65 feet to a '/ "rebar rod set for a corner; N G7°58'08" W, 76.27 feet to a ''/z" rebar rod set in the westerly boundary of said 6.14 acre tract; THENCE, N 02°01'54" W, 9.25 feet to a'h" 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 Records of Kerr County, Texas; THENCE with said southerly right-of-way line; S 86°10'00" E, 1.37.89 feet to a '/:" rebar rod see ibr a corner; '1'IIENCE through the interior of said 80-61 acre tract and 35.64 acre tract with the north boundary of the herein described roadway, the following courses: fir' S 57°22'15" E, 3] 6.67 feet to a ''/z" rebar rod set for a corner; TLB982-UC> .~ ~{G"l15'Iltl" h:, IGG.t35 Icci Icy ;i 'f,, rrL;u curl r,cl fui ;~ cui uc.r, I "{ ~,a,1" i~:, .i33.G3 Icy. i In ;I ':','~ rulrn curl :;el lur ;i corner; CJ ~ic`:1'J';0" EC, 164.2(1 Ircl lu;i '~i" i~.!,;ir nut srI fen ;r ~:urnci, N 55"17'1H" I~;, I(13.2G lccl Icr;i ;•'. rr(r~r rncl ;el (cn a cotnri: iV 42°•!5'22" 1':, 30.59 feel to a ;'," icb;u ic~cl ~;cl fur ;r corner; N 35°32'33" 1';, 178.24 Iec( (o ^ !~,'` rch;ir roel scl in Ihu bc•.giruiin~ of ,~ curve lu the right lire ~~ airncr; Along said curve to the right having a radius of 243.55 feet, arc lcn~;th of 99.29 feet and a Ir~ng chord: N 47°13' l9" l;, 98.60 lect to a '/' rehar rod set subtended by a curve to the right fur a corner, Along said curve to the right having a radius of 2X.45 feet, arc length of 38.41 Ices and a long chord: N 63°45'38" L, 38.37 feet to the POIN"T OF fzEGINNING, encumbering 2.59 acres of land, a companion document to a plat of this sw vey dated November 28, 2006. 1~earings cited herein based un rotation to True North iiom UPS Observations. I'rcpared this the 28th day of vember, 2006. y )l4• x f3randenhurg Registered Professional Land Surveyor iJo. S 1 Ci4 1'F.,XAS I_.AND I30lJNDARII,S 2616 Junction Hwy. Kerrville, Texas 78028 830-257-3839 ~. r~ ~- "17..8932-0(i Kerr County Commissioners Court Intends to open the new portion of Upper Turtle Creek Road And close the old road. Nov. 13, 2007 Z:\Rit\CLIENT\HardenT\7132.OOl.relocate road\Petition.doc ~r No. STATE OF TEXAS § ~ ~ ~.~,~ ~e COMMISSIONERS' COURT COUNTY OF KERB § 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 2.74 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 ~r+ 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") 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 copy of said dedication document is attached hereto as Exhibit B; and WHEREAS, the OLD ROAD constitutes an 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 1 ~~ Z:\Rit\CLIENT\HardenT\7132.OOl.relocate road\Petition.doc ~ t i ~~ F~i~ ~s 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 bylaw. Each of the undersigned affirm that such person or entity is presently a freeholder of Commissioner's Precinct No. 1, _Kerr County, Texas. _~1 Name: Rhonda Lynn Harden Respectfully submitted, 2. Printe Name: Anthony W. Harden Pri am Amie Frank Real ~. Printe .Name: H. Riti ~., ~f~ i~[b'' b~ ~ f f ' ~~~ ~`~.€ ~r- Being a description for a Closed and Abandoned portion of a sixty (60) foot wide public roadway casement situated in Kerr Cvunty, "l exas commonly l~rrown as Upper 'Turtle Greek Road; being situated in Survey No. 1301, Z~.W.N.G. Ky. 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 Warranty executed the 5't' day of August, 1992, recorded in Volume 650, Page 720, Real Property Records of Kerr County, 'Texas; and said sixty (60) foot wide public roadway easement Closed and Abandoned being more particularly described by metes and bounds as follows: BEGINNING at a `/~" rebar rod set in the southerly right-of-way line of Upper "Turtle Crcelc Road as dedicated in Volume 353,1'age 271, Real Property Records of Kerr County, "Texas to a mark the Southeast 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 Prank Real and wife, Elizabeth holm Real to Rhonda Lynn Harden by Warranty executed the 5't' day of August, 1992, recorded in Volume 650, Page 720, 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°37'00" W, 800.37 feet to a '/:" rebar rod set for a corner; S 73°16'00" W, 77.99 feet to a'/~" rebar rod set for a corner; S 31°47'00" W, 260.29 feet to a'/," rebar rod set for a corner; S 63°56'00" W', 293.37 feet to a'ii" 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''/z" 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°lU'00" E, 332.16 feet to a''/z" rebar rod set for a corner; 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 acorner-; N 73°16'00" E, 117.99 feet to a''/z" rebar rod set for a corner; S 74°37'00" E, 949.84 feet to a ''/z" rebar rod set marking the Northeast corner- of the herein described roadway; TLB982-06 ~;-~,, ~~~~ ~ 0..k,.,^ ~ 4 "CIIENCE with the cast boundar}~ of the hea•ein described roadway, the Iollowing courses: S 84°] 8'00" W, along new routing, 83.74 feet to a '/2" rebar rod set in the beginning of a curve 'rr~' to the left for a corner; /Hong 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" W, 61.78 feet to the POINT OF BEGINNING, formerly encumbering 2.47 acres of land, a companion document to a plat of this survey dated November 28, 2006. ]3earings cited herein based on rotation to True North from CiPS Observations. 1'rcparcd this the 28th day of Nov Iber, 06. ry Max Bran enbu g Registered Professional Land Surveyor No. 5164 "fF.XAS LAND BOUNDARIES 2fi] 6 .)unction Hwy. Kerrville, Texas 78028 830-257-3839 ~r TLB982-06 L~~,1.51-..~ A 1 y~b~ ~. ~11Y6 ~^i?i; ~ ` 1M1 °i lfy~,. 4;.y ~ ~. °~o~a ~ ~''. ~ '4. ` a C t ~ ;~~ /'by~~ ~~ .; lp cy"b~ 'b +s ~~~: dX ~£ - T~d~'~:~ e- iC: _ 5.5 o (~', c` I \. o` Qa/y,`C`. ~~ L ,, i °.:~ ~. ~Ai.1 t ~v W.:~. r, . ;~: a~. '~t ~. _ _ ..._ _. .. _ _._ _ 3"bi~ $'Yf M1k .fr' tfo ~.. ~~ih i N ~'. ~ ~ I I ~ \ it ~ I ! ~\ ,\ i `I g~ ~ ~y aou~~ ~ _ ; ~ T~/ "~~ of ~z°o_ - r- ~,> >? gg~v~>r F ~ ~ ~ y1 ~ e 5 x ' / ~~ ~ J •%y ~ i ~ ~ u2rt~ ~ ~ '~~` Zr p WI ~f~ \.' ~s ~~~ ~ k I ~r '~~`n ,~'; i ~ 7o C i~5 ~ W,~. ` y ~ ° / z .~ _ j' ' l ., ... ~y .~ 'V: ~~ - --- - , -- -_..__ - - -I: 8} 7. .S `Td~~~~1 I I;: ~~ 1~R YS,°~ h~x I I R5 'e% ~in~ I I $3r"k '~i.?Y I- Y. 2I. ... i x f ~ f ; 5 { i .P .~] K W ~F O U ~ 'F p N ~ T~ ~! °-r ' o ~:, o d r F_ o a >. w ~ ~~.w 7. VJ .{ .J~ pX ~? ~~ U~ .~r.0 2~ ~~ ~~ i2 F ~~ .'O 4141 ~J ~v) F UC ¢,~ ~~ F0.' I ja+ OF¢ F,~ pO . Ftil p~ G~ ~ ~~ [+~S yT Wd c,. F },~ z F ~ 0 ~ W .'Fi W cw. vii ~p On. ~a a~ °~ F~ oo ~ O~ U~ TJ Uc.~ ' ~`~ d~ ~ ' OQ t:l E^ WC F[1. I K ~C 2~ Uy 2N ; OPT QD <~ U... o~ cy ev ¢~ E.,, ~ m Q z ~ ~ `a c< ~;° ~r_ r,~ .y.3 UL.1 Uj Ut+pl o Fu ¢° ¢° ~ °c- zn. xi xo E QS F-o F._. FU ,.ICJ C7~ Up C.~a ' n.a z 'm z w~ m~ mo mo c ¢m s.:.,~ DU q~ v=ia ~° N~ nS c E ~3 .~t 1 R~ ~~~ ~`R ~$ft =.q d s~ i< R d . Exhibit B .~ ~r I3eing a sixty (6(l) 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 tiom Aime Frank Real and wife, Elizabeth I-Iolm Real to Rhonda Lynn Darden by Warranty executed the ~`~' day of August, 1992, recorded in Volume 650, Page 72U, Real Property Records of Kerr County, 'Texas; being also a 1.13 acre part of 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°i day of March, 1994, recorded in Volume 739, Page 587, Real Property Records of Kerr County, Texas; being also a 0.0035 acre part of that certain 6.14 acre tract conveyed from Leroy O. I.amprecht to Anthony W. Harden and wife, Rhonda L. Harden by deed recorded in Volume ] 251, Page 301, Real Property Records of Kerr County, Texas; and said sixty (60) foot wide public roadway being more particularly described by metes and bounds as fo]lows: BEGINNING at a'/~" 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 mark 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 Holm Real to Rhonda Lynn Harden by Warranty executed the 5`h 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°37'00" E, 68.19 feet to a '/," rebar rod set in the southeast boundary of said 80.61 acre tract marking the most Easterly Northeast corner of the herein described tract; TI~ENCE, 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 1186, Page 155; S 42°44'04" W, 430.52 feet to a %2" 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 of the herein described roadway parcel, the following courses: S 55°17'18" W, 130.16 feet to a'/z" rebar rod set for a corner; S 85°49'50" W, 387.28 feet to a''/z" rebar rod set for 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°22'15" W, 372.65 feet to a'/"rebar rod set for a corner; N 67°58'08" W, 76.27 feet to a'h" rebar rod set in the westerly boundary of said 6.14 acre tract; THENCE, N 02°01'54" W, 9.25 feet to a'/~" 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 Records of Kerr County, Texas; THENCE with said southerly right-of-way line; S 86°10'00" E, 137.89 feet to a'/z" rebar rod set for a corner; 7'IIENCE through the interior of said 80.61 acre tract and 35.64 acre tract with the north boundary of the herein described roadway, the following courses: '~r/ S 57°22'15" E, 3l 6.67 feet to a'/~" rebar rod set for a corner; TLB982-OG r S 86°OS'UO" I?, 166.85 Icet to a !!" rebar rod set lin a corner; ~ S 81°32'44" E, 338.63 feet to a ';~2" rebar rod set for a cornea; ,t i i` t N 85°49'50" G, 3(4.26 feet to a '/" rebar rod set for a corner; N 55°17'18" F,, 108.2( feet to a'i~" rebar rod set for a cornea; N 42°45'22" r,, 80.5y feet to a '/~" rebar rod set for a corner; N 35°32'33" E, 178.24 feet to a '/'' rebar 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 feet, arc length of 99.29 feet and a long chord: N 47°13' 19" F_., 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 3 8.4 ] feet and a long chord: N 63°45'38" E, 38.37 feet to the POINT OF BEGINNING, encumbering 2.59 acres of ]and, a companion document to a plat of this survey dated November 28, 2006. Bearings cited herein based on rotation to `True North from UPS Observations. Prepared this the 28th day of vember, 2006. y M x B andenburg Registered Professional Land Surveyor No. 5164 T1=iXAS LAND BOUNDARIES 2616 Junction Hvry. Kerrville, "I•exas 78028 830-257-3839 1'L.B982-O6 ~r ~~ ~~ t~ ~,~ `~ 6 No. STATE OF TEXAS § COMMISSIONERS' COURT COUNTY OF KERB § OF KERB COUNTY, TEXAS ORDER VACATING, CLOSING AND ABANDONING PORTION OF OLD ROAD WHEREAS, a Petition to vacate, discontinue, abandon and permanently close a portion of certain easements and roadways now used as a public road in Precinct No. 1, were previously filed with the Commissioners' Court of Kerr County, Texas, pursuant to Section 251.052 of the Texas Transportation Code, the portion of the road to be vacated, abandoned and discontinued being referred to in such Petition as the OLD ROAD; said OLD ROAD being additionally known as a portion of Upper Turtle Creek Road. AND WHEREAS, statutory notice of such Petition has been duly given by written advertisement posted at the Courthouse door of the County Courthouse of Kerr County, Texas, and at two (2) other public places in the vicinity of the route of such OLD ROAD, for a period of at least twenty (20) days prior hereto, all as required by law. AND WHEREAS, such Petition was duly signed by at least eight (8) freeholders in and of the said Precinct in which such OLD ROAD, is desired to be discontinued; AND WHEREAS, such Petition specified the beginning and termination of the OLD ROAD, all as required by law; AND WHEREAS, the Commissioners' Court of Ken County, Texas has conducted a full investigation of the proposal stated in such Petition; NOW THEREFORE, BE IT REMEMBERED that on this day of 2007, at a regular meeting of the Commissioners' Court of Kerr County, Texas, convened in accordance with all required notices, procedure, and other legal requirements, the aforesaid Petition was duly considered by the said Commissioners' Court and all the Commissioners elected thereupon duly made the following findings: That it would be expedient to vacate, discontinue and abandon such OLD ROAD, being additionally .known as a portion of Upper Turtle Creek Road; and 2. That the public interest will be better served by making such change and by vacating discontinuing and abandoning such OLD ROAD; and 3. That all requirements of the State of Texas both as to law and procedure and all prerequisites for the aforementioned vacation, discontinuance and abandonment of the OLD ROAD have been duly met and that all such requirements have been substantially complied with. r t ~'~..~ On motion by Commissioner and seconded by Commissioner ,and unanimously approved by the Court, the Commissioners' Court of Kerr County, Texas, accordingly hereby ORDERS that such OLD ROAD, said being additionally known as a portion of UPPER TURTLE CREEK ROAD, being the identical roadway described by metes and bounds description in Exhibit A attached hereto and incorporated herein for all purposes and depicted in Exhibit A-1 attached hereto and any use thereof by the public shall be, and the same is hereby VACATED, ABANDONED, DISCONTINUED AND PERMANENTLY CLOSED from this time forward. The following members of the Commissioners' Court were present and each participated fully in all discussion, consideration, decision and final vote regarding the matters herein contained: Judge Pat Tinley H.A. (Buster) Baldwin William (Bill) Williams Jonathan Letz Bruce Oehler The Clerk of the Court is further hereby ORDERED to insert this Order in its entirety in the minutes of the Commissioners' Court of Kerr County, Texas. SIGNED and ORDERED this day of , 2007. ~r Commissioners' Court of Kerr County, Texas By: Pat Tinley, County Judge Kerr County, Texas Z:\Rit\CLIENT\Harden"I17132.OOl.relocate road\Order.doc 2 Fxhihit A ~ 4 METES AND BOUNDS DESCRIPTION ~~ CLOSF,D ANll ABANDONED PORTION OF FORMER SIXTY (GO) FOOT WIDE PUBLIC ROADWAY EASEMENT '~r' ~' ~r- Being a description for a Closed and Abandoned portion of a sixty (60) foot 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. Ky. 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 1-larder by Warranty executed the 5'~' day of August, 1992, recorded in Volume 650, Page 720, Real Property Records of Kerr County, `Texas; and said sixty (60) foot wide public roadway easement Closed and Abandoned being more particularly described by metes and bounds as follows: BEGINNING at a''/z" 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 mark the Southeast 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 t]Iat certain 80.61 acre tract conveyed from Aime Frank Real and wife, Elizabeth holm Real to Rhonda Lynn Harden by Warranty executed the 5`~' day of August, 1992, recorded in Volume 650, Page 720, 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°37'00" W, 800.37 feet to a ''/z" rebar rod set for a comer; S 73°16'00" W, 77.99 feet to a'/z" rebar rod set for a corner; S 31°47'00" W, 260.29 feet to a''/z" rebar rod set for a corner; S 63°56'00" W, 293.37 feet to a ''/z" rebar rod set for a corner; N 86°10'00" W, 239.02 feet to a''/z" 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''/z" 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, 260.06 feet to a'/z" 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°16'00" E, 117.99 feet to a %z" rebar- rod set for a corner; S 74°37'00" E, 949.84 feet to a'/z" rebar rod set marking the Northeast corner of the herein described roadway; TLB982-06 ~`~.~ 'fIi1;NC'E with the cast boundary of the herein described roadway, the following courses: ! ,,, ~ f ~_ ~ t,. S 84°] 8'00" V1', along new routing, 83.74 feet to a '/~" rebar rod set in the beginning of a curve ~r to the ]eft for a corner; fllong said cw-ve to the left having a radius of 226.45 feet, arc length of 61.97 feet and a long chord: S 7G°27'3?" W, 6].78 feet to the POINT OF BEGINNING, formerly encumbering 2.47 acres of land, a companion document to a plat of this survey dated November 28, 2006. Bearings cited licrein based on rotation to True North from GPS Observations. Prepared this the 28th day of Nov ber, 06. ry Max Bran enbu g Registered Professional Land Surveyor No. 5164 TEXAS LAND BOUNDARIES 2616 Junction Hwy. Kerrville, Texas 78028 830-257-3839 ~w/ TLB982-U6 7 ~ r~ IJ'~J Syry~ ~' bob b >'\ ~i~ Riy'i3 ~ \\\ ~! y~3 2 } ~~ f,Y ":.; ~s.'~A~.~g '_s i~ ~.. .z..,. r.0# „e :}a'~ ~$ _ s~ _...._,_ €.k L'..1.:L.:~ A 1 \\ ,,\ .. I \ I` ,~~ I ~ ~ Ilfl I ,~' ll~ ~ ~ \' II II Ill ~WuNV2 \\. j `~ I 8.~ ~ - J' it ~'~ lq 0'6 `~• ~ ry \\ ~. da ~r~''o add `\' i~Y G ~.... - yy f~ c~° 6 ~ ~ ` I ~~a~>` x3 Y \` y e~ r ~~ y~Q` '1 ~d~ ~ WO I S ~c~ 5 Ifv, r. ~ I / l~ ~~sa ,+' ~ I :4?" It . / w_ ° °$ ,~; `a :~~ ~o 0 ~~oP~ ~~~. ~ ~ y`1' ~I ; a rY~ of d~ ~m~,.~.. , ,~ = a ~= a <<= a ,, h ,, _ . n ~ ~ ~> ;` Vy Y ; ~' J • ~ ~ ~ v ' ;r 3 yf~;Y:: ' 14 t 4 _]3.- c .v .,~5q 3'iN ~Im i ,Yp~~• ~ ... 'S Y _ _ _. . _. -- ~ - ~ira .__-__ ._..-__:_._.. ~.... z._. _.--... __.._._..__.._____-..___ I __._..,_.. ~. r. .S 7d~0~~- i--- I;-: A I :~"r"e ! I ~K~~ I ^;i' I i ~. , ;~ l 6 ~ ~f ! ~~ g~~ag. z~~ a# ~~ z2 ~.~ ~FJ jJ~33 1'~ Srr !_ T 6. O i. U p ~ 3: a w j?, o~ r= K O ~. ~F ~ p U F t~F ~ p ,~ ~ ~f. ~, 0. I ~ p J ~ ¢ . ~ ~ c.> W F. _ p ~ ! U .r O ~ Q F _ ~ F . ~ Q W v ~- ~ m0 ~~ ~" UU ~ o 't pa -cam a1 ~w r~ cr, =G g~ OGp Y '~y; Q F' ~~ ~'~ TO r'w o ~ wW y.U z o~ Sp ao au, WC] m _:~ F'F UK ~~ 1'U p~ ~C 00 ~a W Oo• FW W oW pQ F ° xWK Y r ~r , a ~ F a , ..~ d u ' h z"' oo zw pa 2. ~~ JC Up F U~ FC Om U . U ~¢ Wl VW Q pQ F- WF W W¢ C . FP W, a °~ a y Warranty executed the 5~~' day ul /lugusl, 1992, recorded nt Volume hSU, I'agc 720. Real I'ruperty Records of Kerr County, "I'exns; being; alsv a 1 .13 acre part of shat certain 35.64 acre Tract conveyed from ninte n. Rea] and Rhonda Lynn 1-Iarden to Real 1-Ieritage Limited 1'artnershil? by Warranty llecd executed the ?..9°i day of March, 1994, recorded in Volume 739, Page 587; Real Property Recvrds ul Kerr County, 1"exas; being also a 0.0035 acre part of that certain 6.14 acre tract conveyed from Leroy O. Lamprecit to Anthony W. Harden and wile, Rhonda L 1-Iarden by decd recorded in Volume 1251, Page 301, Real Property Records of Kerr County, T"exas; and said sixty (CiU) foot wide public roadway being more particularly described by metes and bounds as follows: BEGINNING eta''/z" rcbar rod set in the southerly right-of-way line of tlppcr'I'urtlc Geelc Road as dedicated in Volume 353, Page 271, Real Property Records of Kerr County, Texas ro a mark 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 8(L61 acre tract cvnveyed from Aime Frank Real and wife, Elizabeth Hokin Real to Rhonda 1,ynn Harden by Warranty executed the 5'h day of August, 1 rJ92, recorded in Volume 650, Page 720, Real Property Records of Kerr County, Texas; T'HF,NCE with said southerly right-of-way line; S 74°37'00" I';, 68.19 feet to a''/z" rcbar rod set in the southeast boundary oCsaid $O.f 1 acre tract marking the most Easterly Northeast corner 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 1186, Page 155; S 42°44'04" W, 430.52 feet to a '/:~' rcbar rod set for a corner; THENCE through the interior of said 80.61 acre tract and 35.64 acre tract, with the southerly boundary of the herein described roadway parcel, the following courses S 55°17'18" W, 130.16 feet to a i4" rcbar rod set for a corner; S 85°49'50" W, 387.28 feet to a '/:" rcbar rod set for a corner; N 81°32'44" VV, 342.89 feet to a '/," rcbar rod set for a corner; N 8G°U_5'00" W, 179.83 feet to a '/~" rcbar rod se( Ibr a corner; N 57°22'15" W, 372.65 feet to a'/," rcbar rod set for a corner; N G7°58'U8" \V, 76.27 feet to a ;'~" rcbar roc] set in the westerly boundary of said 6.14 acre trace; Tl{ENCE, N 02°01'54" W, 9.25 feet to a '/," rcbar rod set marking the Northwest cvrner of the herein described roadway parcel in the southerly right-of-~wey line of~ Upper Turtle Creek Road as dedicated in Volume 353, Page 271, Rea] Property Records of Kerr County, 'texas; '['11.LNCG with said southerly right-of-way lute; S 86°lU'00" F,, 137.89 hest to a'/"rcbar rod set lix a corner; 7Hh;NCI; throt.igh the interior of said 80.61 acre tract and 35.64 acre tract with the nitrth ~'' boundary of the herein described ritadway, the Iullowing courses S 57°22'15" I;, 316.67 feet to .~ !!"rcbar rod set lur a cuntcr, 'tL)3982-(1G ,.~,~ y _. 1~~ , e ~~ 1[ !! e k f S 86°OS'UO" F,, 166.85 feet to a'.h" rebar rod set for a corner; S 81°32'44" I:, 338.63 feet to a'/~" rebar rod set for a corner; N 85°49'50" E, 364.26 feet to a %" rebar rod set for a corner; N 55°17'18" E, 108.26 feet to a'/z" rebar rod set for a corner; 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''/Z" rebar 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 feet, arc length of 99.29 feet and a long chord: N 47°13' 19" E, 98.60 feet to a %" rebar rod set subtended by a curve to the right for a comer; 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 fi-om GPS Observations. Prepared this the 28th day of vember, 2006. y M x B andenburg Registered Professional Land Surveyor No. 5164 TEXAS LAND BOUNDARIES 2616 Junction Hwy. ~r Kerrville, Texas 78028 830-257-3839 TLB982-06 Z:\ltit\CLIENT\Harden717132.001.relocate road\Affidavit of Posting.doc No. 3o5so STATE OF TEXAS § COMMISSIONERS' COURT COUNTY OF KERB § OF KERB COUNTY, TEXAS AFFIDAVIT OF POSTING NOTICE STATE OF TEXAS STATE OF TEXAS § COUNTY OF KERB § BEFORE ME, the undersigned authority, on this day personally appeared LEONARD ODOM, who, known to me to be the Road and Bridge Administrator of Kerr County, Texas, and after being by me first duly sworn, says on his oath: "1. That I posted a true and correct copy of the Petition To Vacate, Abandon and Discontinue Road, hereto attached as Exhibit A, at the following places, to-wit: a. One (1) at the courthouse door of the County Courthouse of Kerr County, Texas, Kerrville, Texas. b. One (1) at the beginning of the portion of the county road described in Exhibit A of such Petition to Vacate, Abandon and Discontinue Road; and c. One (1) at the termination of the portion of the county road described in Exhibit A of such Petition to Vacate, Abandon and Discontinue Road. 2. That said notices were posted by me on the ~ day of ~y~~~, 2007. ~fiant QOM, Roa d Bridge for Kerr Count ,Texas ~~~SCRIBE D SWQRN TO BEFORE ME by the said LEONARD ODOM, on this the ay of ~ , 2007. °°'"''~ Notary u lic, State of Texas .`o°.•"•Y""e~% ELSA TREUINO ~'~` '°= Notary Public, State of Texas . "'y,€ My Commission Ex fires ,,.... ~~,~~ Y , 2008 p EXHIBIT A Z:ARit1CLIENT\HardenT\7132.OOl.relocate road~Petition.doc No. 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-l, 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 WHEREAS, the OLD ROAD constitutes an 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 1 Z:ARit\CLIENTU-IardenT\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~ ~~I~ 1. ~ ~, \; '~ Printe Name: Rhonda Lynn Harden r_ ~ ,,.. Pri~ed~ a~N~"m~~~Amie Frank Real Respectfully submitted, 2. _ Printe Name: Anthony W. Harden t Printe ,Name: H. Rit an Jons Printed ame: Jim Wallace y~' Painted N e: Terri Wallace J 2 ~~ Pr' ted Name: .Kelly l~;~hihit .~, l;ci!ig ,~ dcscn~~ti~m l,~r a Closed ;u~d Ab,uuluncrl iior(i~~n <~I ,i sixty ((,O) liu~l ~~idc public r~r,id~t~;rl' c;~scnienl situated in I<0, Pabe 7ZU, Kcal Proi~erty Kccords cif Kcar Cuun!}, ~fcxas; and said sixty (6Ct) 1i~~~f wide public roadway casement Closed and Abandoned being more particularlp' described by n~ctcx and bounds as follows. BCCINNING at a ! z" rebar rod set in the southerly right-of-way line of Upper Turtle Creek Koad as dedicated i^ Volume 35d, Page 271 ,Real Property Records of Kerr County, "texas to n mark the Southeast corner of (he herein described roadway parcel; said rod being located approximately 1487.7 feet, S 46°07' W flour the northeast or most easterly corner of that certain 80.61 acre traet conveyed from Aimc Frank Real and wife, Elizabeth l lobo Real to Rhonda Lynn Barden by Warranty executed the 5'~' day of August, 1992, recorded in Volume 650, Psge 720. IZral Property Records of Kerr Cow~ty, Texas, 'i'h1rNCE with the south right-ol=way line of the herein described roadway easement, the following courses: N 74°37'00" W, 800.37 feet to a 'iz" rebar rod set for a cornet S 73°] 6'00" W, 77.y9 feet to a 'i~'~ rebar rod set for a corner; S 31°47'00" W, 260.29 feet to a '/," rebar rod set for a corner; S 63°56'00" ~'4', 293.37 feet to a '~;" rebar rod set for a corner; N 86°10'UO" ~~, 239.02 feet to a ''/z" rebar rod set marking the Southwest corner of the herein described roadway; THh,I~'CIa. with the .,pest boundary of said road~s~ay. N 57°22' I S" ~'~', along now routing, 12~J.56 feet to a '/,'~ rebar rod set marking the Northwest corner of the herein described roadway; THLNCF ~.vith 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 !/~" rebar rod set for a corner: N 63°56'00" E, 260.06 feet to a !~," rebar rod set for a corner; N 31°47'00" P;, 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 74°37'00" E, 949.84 Iee1 to a '/," rebar rod set marking the Northeast corner of the herein described roadys~ay; hL.I3982-0<, ~hIIIsNCP; v,~ith Uic cast hound~uy o1 the herein ilcscribcd roa~i~~~ay, the follo~n~ing anirsus fi 8~1°18'0(!" ~~', al~;ing nc~~~ routing, 83.71 feet t~~ a 'il" rcbar rcxl sci in the bcr;inning of a curve to the tell i~?r a corner; Along said uu~vc to the Ic(t I~~aving a radius of 226.45 feel, arc )cngth of Cil .97 teet and a IonE~, chord: ~ 7(,`2737" 4V~. 61.78 feel to the l'C)IN7~ OT lif?G1NNfNG, fln~nn:riy encwnhe, m~; 2.~-I ;acres of land, a companion document to ~+ plat of-this sun~ey dated November 28; ?006. Bearing cited herein based on rolati~m (o'lnie Ni~rth liom (; I'S Observations. I'rcp ,, Z ~ _ __ _ . ~~~ ~ ; . ~ z ~ , , ~~~ ` ~,I~ Y ~ 1 t ~ I ~ ,. ~ _ ~ ' I ~ w ~qa ~ W~P~i ~~ y~ 1 -z r s a F ~ ) _ ~~~c is ~ E--~c.~ Y ~i o wt4a r v , W,W ~ 'I 4C" ~ o.~ ~~, .~1 "~ 4U j k: ~. r ~ / ~ I ( 3 J/ 6 ~ { ~y~ / ~ F~9 1 y 3 ~. -.:-_~_~ _.. -... - -._ 1- -r: ., .. ~ - .. 23~ I I A --Y~ ~1 ~ I I Te~~~ 6 RS ~ ~~ d ~~~ - C'. ~! J' ,x c;w r ~ H wy F- O, '~ CL ~ 4-'! / f _ 4 ~ ' G U W l '~ j~ ~tJ ~ F' ~a 4 G' F <.w ~ V~ ~ .-~ ~' L7'~ .[ - vt U mca FrW ~~ 3a ~~ ~F ~~ o G av pr x J~"' ~Yi~ ~~ .~O va ~ w~+ o^; ate, Fr ~,,-c oa oo ~~ '-~ ~' ~' CC E' [Jil F G ~a tai G OF oa p ,.~.-1 V 4 vNi p~ Off' IK ~ °'° ~'p Fa uo ~ O~ F'Er-~ ~a FRS. E- ~~ ca ac[ a~ ~m ¢N o C7 E~~ Qp d~ v_, .= Gq•U ena, ~ QW O wz o a z z E- z~ zo; io E~' dg ¢a ~~- -r. -~ ~ nF~. ~ cti :- ~ ° r ~ F(~ R~ F--O Q , ~~ sa, zy zo ``' z r- o ~-' E- u E- 4~ ~~ 7'~ Z4 F u ~W ~p wz W~ w~ ~p mo V i ~d ~'-.Q Q~ ~Z m F B} B~ °i e6 ~~la 3?6 `i. Exhibit ~ 13ein1, a sixty (60) foot wide public road~~~ay situated in Kerr Cvwit~~, l~c~as; being situated in Survey No. 1301, T.W.N.Ci. Ry. Co-, Absn~act No. 631; being 1 .46 acre part of that certain 50.61 acre tract conveyed Iiom /dime Franl< Real and wife, Elizabeth holm Real to Rhonda L~~nn harden by Warranty executed tl~e 5'~' day of .August, 1992, recorded in Volume 650, Page 72U, Real Property Kecords of I{err County, Texas; being also a 1.13 acre part of that certain 35.64 acre tract conveyed from Aime A. Real and Rhonda Lynn 1larden to Real heritage Limited Partnership by Wan~anty Deed executed the 29'x' day of March, 1994, recorded in Volume 739, Page SR7, Real Property Records of Kerr County, "Texas; being also a 0.0035 acre part of that certain 6.14 acre tract conveyed from Leroy O. Lamprecht to Anthony ~'`'. Harden and wife, Rhonda L. }Iarden by deed recorded in Volume 1251, Page 301, Real Property Records of Kerr County, "Texas; and said sixty (60) foot wide public roadway being wore particularly described by metes and bounds as follows: BEGINNING at a '/~" rebar rod set in the southerly right-of-way line of Upper Turtle Creek Road as dedicated in Volume 353, Page 271, Real Property Kecords of Kerr Cow7ty, Texas to a mark 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 Holm Real to Rhonda Lynn harden by ~~arranty 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°37'00" E, 68.19 feet to a'/~" rebar rod set in the southeast boundary of said 80.61 acre tract marking the most Easterly Northeast corner 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 Kaquel Vergara recorded in Volume 1186, 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 of the herein described roadway parcel, the following courses: S 55°17'18" ~~', 130.16 feet to a '/z" rebar rod set for a corner; S 85°49'50" R', 387.28 feet to a '/~" rebar rod set for a corner; N 81°32'44" W, 342.89 feet to a '/~" 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 '/" rebar rod set For a corner; N' 67°58'08" W, 76.27 feet to a '/~" rebar rod set in the westerly boundary of said 6.14 acre tract; THENCE, N 02°01'54" W, 9.25 feet to a'/2" 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 Records of Kcrr County, Texas; `THENCk; with said southerly right-of-way line; S 86°10'00" E, 137.89 feet to a '/z" rebar rod set for a corner; T'IIENCE through the interior of said 80.61 acre tract and 35.64 acre tract with the north boundary of the herein described roadway, the following courses: S 57°22' 15" E, 3l 6.67 feet to a '/~" rebar rod set for a cornea TLB982-06 S {4"0~'UU" i~,, f(i(i.fiS Ic~:l fu .i '~;, icl,:ir i;xl ~,cl liar ,i curucr. ~' 8I°32'44" 'i~:, 3:8.6 i fcrt Ina ',;~~~ r~.:b,n ru~l sc( fur a u~rncr hJ i5°=I'Y'S(}„ ~~;, 3(~4_?G Iccl lu ~i ';:" i~.~l,;ir rod scl Iin ,~ ~.~nnc~; ~'~' S5°1T18" I?, I(18.26 li~cl I~~ ^ !:~'~ rchar rrxl scl liar ~i c~unri f~ 47_°45'22" h;, ~iUS9 I<~~_~~ I~> a ';," ~ rb;ir nut ti'i;l (~~r ,~ earner: N 35°32'33" 1?, ]78.24 )eef to ~ ~~~ rch;ir roll scf in tl~e be~i~u~iug ufa curve. lu the riRhl tin ~i a~rncr; /Tong said curve ~o il~c ri~hi having a rxiius of 243.5 feet, arc length of 9929 feet and a Ir~ns~ chord: N 47° 13' l 9'~ F, 98-6(1 f eel (o a %" rebar rod set subtended by a calve to the right fur a corner; Along said curve ~o the right having a radius c,f 226.45 feet, arc length of 38.41 feet and a long chord. N 63°45'38" L;; 38.37 fee[ to the POIN"T OF I3EGINMNG, encumbering 2.5y acics vl 1r~iad. a companion document to a plat of this survey dated November 28, 2006. hearings cited herein based on rotation to True North liom GPS Observations Prepared this the 2811 day of vember, 2000. Y' ~'1~ x Brandenburg _--- Registered Professional Land Surveyor i~c, 5164 ~I~IXAS LAND I3OUNll/~RIES 2616 Jw~ction Hwy. Kerrville, Texas 78028 830-257-3839 r~ t '17..1932-0<