ORDER NO. 30718 RELEASE AND TERMINATION OF ROAD EASEMENT Came to be heard this the 11th day of February, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve abandoning the .029 acre portion of the road easement, and that is the northern 25 foot section of that 50 foot road easement. 3a~1 ~ ~. ~~{ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Gregory A. Richards OFFICE: Pattillo, Richards & Harpold, P.C. MEETING DATE: February 11, 2008 TIME PREFERRED: 2:00 SUBJECT: Consider, discuss and take appropriate action for release and termination of road easement to drill new well. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Greg Richards ESTIMATED LENGTH OF PRESENTATION: 5 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 as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate infornlation 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. ra-r-n~o. Fi~c-ia~ms & rt~za~ou~. ~.c. 280 THOMPSON DRIVE KERRVII-LE, TEXAS 78028 PH©NE: (830) 257-8080 FAX: (83U) 896-8489 www.PRHLAW.caM February 5, 2008 Kerr County Commissioner's Court c/o Honorable Pat Tinley 700 E. Main Street Kerrville, Texas 78028 Dear Judge Tinley: I represent Wiedenfeld Waterworks, Inc. The company has purchased a .029 acre tract, as described in the attached deed and survey plat, and is requesting the County abandon the road easement reserved on the subdivision plat as to the subject tract only. Also enclosed for your reference and review is the proposed Release of Easement. I have also enclosed a completed Commissioner's Court Agenda Request. We would like to be placed on the Commissioner's Court agenda at the earliest opportunity. If you have any questions, please do not hesitate to contact me. Thank you for your assistance. Sincerely, PATTILLO~ RICHARDS Ht HARPOLD~ R.C. r' f 0 Gregory A. Richards Enclosure NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed Date: October 19, 2007 Grantor: SALVADOR R. IBARRA and MARIA D. IBARRA, husband and wife Grantor's Mailing Address: SALVADOR R. IBARRA and MARIA D. IBARRA }}~;, ~° _ r4_~ Ir M'JS C4`O Kerr County Grantee: WIEDENFELD WATER WORKS, INC. of ~ ~~ ~.~,~k ~~''~°~~~ Grantee's Mailing Address: ~ ~ ~` ° ` ~ WIEDENFELD WATER WORKS, INC. ,~ ,~ _ • El , ~o~•~-~ ~ . ~~~- P.O. Box 418 ~ ~ ; ~ ~~ '"r ~r~~p Tc„~t Center Point, Texas 78010 `~'~ .~--,~~.. ~ ~ ~---" ~°?;a~'iv Kerr County Consideration: Cash and other good and valuable consideration; the receipt an:l s~:f~ciercyof :x.~hich are hereby acknowledged. Property (including any improvements): Being a parcel of land containing 0.029 acre; being a portion of lot 13, Oak Ridge Estates a subdivision of record in Volume 4, Page 109 of the Plat Records of Kerr County, Texas; and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes. Reservations from Conveyance: None s'`M I ~~ Ji Exceptions to Conveyance and Warranty: Validly existing easements, rights-of--way, and prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other than conveyances of the surface fee estate, that affect the Property; and taxes for 2007, which Grantee assumes and agrees to pay, but not subsequent assessments for that and prior years due to change inland usage, ownership, or both, the payment of which Grantor assumes. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from. Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. ~ ~' SALVADOR R. IBARRA MARIA D. IBARRA STATE OF TEXAS COUNTY OF KERR -~ ~1~ This instrument was acknowledged before me on I~d~°,~,r~.~ ~/r.iE ~ ~~~ , 2007, by SALVADOR R. IBARRA and MARIA D. IBARRA. GL, -r'r ~E-c ~ - - `"`-'fir` ~~ _ .~ °'` ,- Notary Publ c, State of Texas My commission expires: ~ ~ ~ ~ `~ ~' ~~ ~~ ~.~~; H.,, Cynthia A ingrsm =~~•~= Notary Public, State of Texas .; :,.: My Commission Expires: ~~~~~~OF ~`,~~'•,, December 19, 2009 ' ~ # EIEI.D I~TOTE DESCF~IZB'I'I®lOT O.Q24 f~CRE *,. -,fK tieing a parcel of land containing 0.029 acre; being a porrion of Lot 13, Oak Ridge Estates, a. subdivision of record in Volume 4, Page 109 of the Plat Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at a'/z" iron rod found at a 2" steel fence corner post for the northwest corner of the subject parcel; said iron rod located in the east line of a certain 28.1 acre tract of record in Volume 271, Page 144 of the Deed Records of ILCrr County, Texas, and being the southwest corner of the Well I.;ot of said Oak Ridge Estates, and a northwest corner of said Lot 13; THENCE with the south line of said Well Lot, and a north line of said Lot 13, S.89°38'E. a distance of 50.00 feet to a point at the southern base of a 2" steel fence corner post for the northeast corner of the subject parcel; said point beuig the southeast corner of said Well Lot, a reentrant corner of said Lot 13, and the north end of the east line of a 50 foot wide road easement; THENCE through the interior of said Lot 13, and with said east line of said 50 foot wide road easement, S.OC)°0(i'E. a distance of 25.00 feet to a ''/z" iron rod set for the southeast corner of the subject parcel; THENCE continuing through the interior of said Lot 13, and crossing said 50 foot wide road easement, N.89°38'W. a distance of 50.00 feet to a '/z" iron rod set for the southwest corner of the subject parcel; said iron rod located in the aforementioned east line of said 28.1 acre tract, and a west line of said Lot 13; THENCE with said east line of said 28.1 acre tract, and with said west line of said I_,ot 13, N.00°O6'W. a distance of 25.00 feet to the POINT of BEGINNING, and containing 0.029 acre within these metes and bounds. This Field Note Description is a companion to a Plat of Survey dated September 13, 2007, and was prepared this the 20`h day of September 2007. All corners set on this survey are '/z" re-bar with orange plastic caps marked "GUADALLTPE SURVEY CO". i f~~r/ Charles Digges, R.P.L.S. Texas Regristration No. 4061 07091301(ti~nas/dc~c.rik -=-_' '", (, l1F ~'~ ~ C''~1~S17~L.'~ G}o ~~G !~1 kQ61 c /II ~URVc f'~a Vim` ~,'-~..:± v !%.%.;;~'"-. . ~ LL Prepared in the Law Offices of Pattillo, Richards &Harpold, P.C. Attorneys at Law 280 Thompson Drive, Suite B Kerrville, Texas 78028 .~-. AFTER RECORDINCr RETURN TO: ~l~L..~~~:~PAG~~~O ', Pattillo, Richards &Harpold, P.C. ~'~ ,+,°` . 280 Thompson Drive, Suite B Kerrville, Texas 78028 Tel: (830) 257-8080 Fax: (830) 896-8489 Provisions neren 4Mtnl~ rfw+ufl111n3 ~~?~ flafft~l fir ~ ~i g9ts ~~ GaP' qty btxduse o+ wior r~r rgSH ip,nv~lkl tend urtdnk~9hl~ r~+c9t3r E~XIp~ law THE 59"ATE 6F TFXAS COUtJ1Y qf- KFI~N I hereby epflify ln;a( tl'iila in~r~rnnl Wtlsi Cll-[[) Irt tFt@ Fb@ atNT~ ~e9!>!+ t,y nx; and WiiG duly FIECORDED in the Oflic~l PUblb FAG oreks al Kerr f;ouniv. Tcras on o~~~~ Y ~~ y \\\"`III+++"""..~~~~WWW ~~ COUNTY CLEf~K, KERR COUNTY, T~(AS ~~~ ~}~ g{ECO~2C3RT6~N ~NSTRU~~~NT ~C~l ±~ RE lN~II~Et~U,~TE FAR BE.~T RHOTt.~RA°~iIC ;-,r~:Pt~t`CUCT3'~"rv' CLUE T1p~gT~Fyi~Ey ~EPTEW~i F~V~7ARKNpE,tS~SyO~° ~~~~ '.' t~ , ' o }w ~~9t54 d 'J FS ~~7~~, G'~'1~t\[.aRF~liPtliJ V~, ..~ ~~I~ 1 l7 I / 't/ 1 i' LEGEND OF ABBREVIATIONS D.R.K.C.-Deed Records of Kerr County, E.R.K.C.-Easement Records of Kerr County R.P.R,K.C.-Real Property Records of Kert County, V.E.-Utility Easement, LS.-Light Stondard P.R.K.C.-Plot Reeords of Kart County, P.0.8.-Point of Beginning, R.O.W.-Right of Woy B.S.B.L-Building Set Baek Line, U.P.-Utility Pole, G.W.-Guy Wire, M.L.-Meter Loop W.M.-Water Meter, F.H.-Flrc Hydrant, A/C-Air Conditioner, -W- -Water line -E-=Electric Line, -T-=Telephone Line, -C-=TV Coble, -x--Field Fence,-fl-- Plastic Fence -o-= Chain Llnk Fence, -//- =Board Fence, U.G.E. =Underground Electric U.G.C. =Underground Coble Television U.G.T. -Underground Telephone, -G- -Natural Gos Line M.H. =Manhole B.M. =Elevation Benchmark -S - -Sanitary Sewer, W.V. =Water Valve F.I.R. =Found iron rod, S.I.R. =Set irdn rod, F.C.P. -Fence comer post C/0 =Septic Cieanout F.I.P. =Found iron pipe, F.P.- Fence Post, G.M.= Gas Meter, C & G =Curb and Gutter F60dN =Found 60d Nail, 560dN =Set 60d Nail, FA.P, =fence Angle Posi Record bearings and distances are shown in parentheses. SEM~N~ ~j ``A %~P ~P S .~ ~~ ~~ X X 1 ~'L` F\R ~~ ®2`SCEEL FC i ~ / i ,t' 0. B I ~1~2"F\R r ®r'~`SZEEt FC i ~ Ni00°Ofi'W I 2.00' I\' _ / sad„rg I C~ I \ \ ~ \ \ \ \ \ \\ `\ 28.1 ACRES ~ VOL. 271, PG. 144, ~, D.R.K.C. .\ .\ Sco%~ 1'= 50' C A~ ~ /Y r._.. `"t '`~• C 314.55 ACRES n 1 VOL. 1432, PG.~~21, W R.P.R.K.C. ~~ ~ 'g a 3~8` F\R \ ~ ®2`SCEEL FCP x X_ _ \ X X _ \ p rn~K \ 24.2' \ _ _ _ Iw~c ~ RESIDENCE iv iY \ ISTING ® ~ ~ r \ • w 24.2' \ ,' \ WELL LOT ~ \ I S 9°38'E 50.00' pC\~ i p ®2tS~EE~. FCP 0.029 ACRE g, o0°Ofi'E I \ 14 25.00' I 15.00' Pn,poeed NeW I Welllro°d Site I ~ ~ . 1 i \ N 89°38'W 50.00' ~ ~2`rS\R I ~ 13 r iv ~ r _ ~' Salvador & Maria Ibarrar Vol. 1382, Pg. 65, , \ _ _ - _ . ' ~ I R.P.R.K.C. ~ ~ \ ,~ , w F- , / W ' / ' ~ ' ~ ' -L- /. °¢ ~ ~ I ~ w ' / / o 3 o ~ ~- u~ I - ~--i - - - - ~ I Q I 50' WIDE ROAD EASEMENT ~ W a ~ ~ ~ ~ ,--, ~ Q o -- - - I a' I ~ ~, 12~ O I, Charles Digges, a Registered Professional Land Surveyor, hereby state that this plat correctly represents a survey made on the ground under my supervision on September 13, 2007. All discrepancies in boundary lines, protrusions, and intrusions apparent on the site are shown hereon. Only plats containing my seal in black ink and my signature in blue ink are to be considered original and authorized for use. Charles Digges, R.P.L.S.u Texg;? ROgi~~rgtjgn NQ, 4©61 NOTE: THIS PLAT OF SURVEY IS A COMPANION TO A FIELD NOTE DESCRIPTION DATED THE 20th DAY OF SEPTEMBER 2007. ~^.,.!7 r'a ~°oF~~'~ °~~~G;sT T~~, ~ Plat of Survey of 0.029 acre; being a portion of Lot 13, OAK F ~' ~G R ''`s' . Q~ p •. ~ ~ RIDGE ESTATES, a subdivision 0 °CIIARLESGluGES••• . of record in Volume 4, Page ....o ' • ~ :A aost 109 of the Plat Records of v l `9~~'~~SS10~P~4 ~ ~ Kerr County, Texas; and °a ~•SURV~y~~ ° showing proposed well site ° ~"' and sanitary easements. GUADALUPE SURVEY COMPANY 07091301 rlb Q(~'~. Jl~.~ VOL. 1~~gPAGEOJ3r~ Release of Easement For good and valuable consideration, in the interest of public purpose, receipt of which is acknowledged, Kerr County, Texas has abandoned, released and discharged and does abandon, release and discharge that certain road easement reserved in Volume 4, Page 109 of the Plat Records of Kerr County, Texas as to that certain tract of land containing 0.029 acre only, which tract is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference for all purposes. Except as specifically stated above, Kerr County, Texas does not release any other easements dedicated to the public as provided in the Plat of Oak Ridge Estates, a subdivision of Kerr County, Texas recorded in Volume 4, Page 109 of the Plat Records of Kerr County, Texas Executed this the 13th day of February, 2008. Kerr County, Texas 1 Pa y Its: County Judge THE STATE OF TEXAS § COUNTY OF KERR § Th~mstrument was ackn wledged befo me on ebruary ~, 2008, by ~°C~ ~ ~~ ~~~ ~ ~ , as ~ , of Kerr County, Texas. Notary Publ> tate of Texas _~~o~ prr~B - o.. ,~_ Etsn r~EViiva z ` Notary Public, State of Texas ' •!~V •~4: My Commission expires ~44np,a~~\` '''"IFOi~E:~` July 15, 2d0i3 yon. 1 E 5 8 PaoE (l"~ 3 FIELI~~ i~TCl'~'E I~ESE~~h'~'~~l~T (1.Q2~ l~~RE ]~cu1~>~ a parcel of land containing; Q.0?4 acre; bein~;a ~ortioi~ of L;ot 13, C)a1~ l~id~c L~atates, a su%ciieisic>n of record il~ Volume 4, Page 10~~ of the Plat Kecords of 1~ err Count}, T'c.~cas; and being more particularly described by metes and bounds as follows: BEGINNING at a'h" iron rod found at a 2" steel fence corner post for d1e northwest corner of the subject parcel; said iron rod located in the east line of a cert.~~iin 28.1 acre tract of record in Volume 271, Page "144 of the Deed Records of herr County, Texas, and being the southwest corner of tht Well Lot of said C)ak Ridge Estates, and a north~~est corner of ;aid l.ot 13; Tf-IBh]C.:~ wit2~ the south line of said VJcll Ldt, and a north line of said hot 1_'r, S.8«°3£~'L?. a distance of 50.00 feet to a point at the southern base of a 2" steel fence corner post for the northeast corner of the: subject parcel; said point being the southeast cor7ler of said LVe1I Lot, a reentrant corner of said Lot 13, and the north end of die east line of a 50 foot wide road easement; THINC;L' through the interior of said Lot 13, and with said east line of said 50 foot wide (udt~ c-.it}L.ilir•ii(, J.e,n,( lrt! t_',. 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