ORDER NO. 30887
GRANDFATHER DATE FOR PROPERTY ON CALCOTE ROAD
Came to be heard this the 23`a day of June, 2008 with a motion made by Commissioner
Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a
vote of 4-0-0 to grant a variance from the grandfather date for the subdivision rules and
environmental health issues.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS
,,. TO BE REVIEWED BY THE COURT.
MADE BY• Leonard Odom, Jr. OFFICE: Road & Bridge
MEETING DATE: June 23.2008 TIlVIE PREFERRED:
SUBJECT• (PLEASE BE SPECIFIC): Consider, discuss, and take appropriate action concerning the
Division of property on Calcote Road, Pct. 1.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Leonard OdomlRay Garcia/Arnold Garcia
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.

regl
S~P~ E Q~
c°unty Qt `~~
Kerr County Road & Bridge
4010 San Antonio Hwy
Kerrville, Texas 78028
TO: COMMISSIONERS COURT
FROM: LEONARD ODOM
DATE: June 16, 2008
RE: Division of Property
There were some Environmental Health issues on a piece of property, and one of the issues was
whether it met the "grandfather" date that the Court set on determining if a owner had to go back
and plat a property.
This 5 acre tract was divided into two parcels of 21/2 acres on January 11, 2001. The
"grandfather" date was Dec. 11, 2000.
The 21/2 acre tract in question was transferred 5 times before the current owner purchased it in
2007.
The current owner of the property Mr. Arnold Garcia is here today asking the Court for a
variance to the "grandfather" date because:
1. It was done only 30 days after Dec. 11, 2000
2. The Subdivision Rules in effect at the time would have allowed 1 acre tracts with a
water system.
3. We have no way of knowing if the person dividing the lot fell under the family
exception to platting.
There is a nice manufactured home on the lot and the owners are unable to get a permit to
construct a septic system until this matter has been addressed.
Both Mr. Arnold Garcia and Ray Garcia, Environmental Director, are here to answer any
questions you might have.

Th
garcia calcote
True Automation -Deed History Yage 1 of t
Kerr CAD - 2007
Prop ID: Owner: Legal:
58196 GARCIA, ARNOLD ABS A0137 FRANCIS, SUR 146,TRACT W/2,BLOCK (A498 51117),ACRES 2.52
PropertyImQrovementsLandRoll HistorvDeed HistorvTax DueSummarv~
# Deed Date Type Description Grantor Grantee Volume Page
0 - 4/13/2007 WD Warranty Deed WIMER, BILL GARCIA, ARNOLD 1598 0759
i - 1/24/2006 WD Warranty Deed WADE, JEWEL WIMER, BILL 1500 0333
2 - 1/23/2006 WD Warranty Deed ATKISON, TONYA WADE, JEWEL 1496 0356
3 - 5/18/2005 WD Warranty Deed WADE, JEWEL ATKISON, TONYA 1437 0234
4 - 1/28/2004 WD Warranty Deed WIMER, BILL WADE, JEWEL 1331 0187
5 - 1/11/2001 WD Warranty Deed ELY, DOYLE WIMER, BILL 1234 0621
Lro~ertyl Im rovementsJ Land fRoll Historvl [Deed Historv7 [Tax Duel ~Summarvl Search Home
This Data is for Kerr CAD Questions Please Call (830) 895-5223 Last Restore:i/29/2008 1:48:03 PM
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http://clientdb.trueautomation.com/clientdb/deedhistory.asp?PROP=68196 2/28/2008
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KERR CO ABSTRACT
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THE STATE Of TEXAS,				
			KNOW ALL	MEN BY THESE PRESENTS:
COUNTY dF Kerr				
THAT Doyle	Ely	a sing	le and free	man
of the County of Kerr			and State of	.Texas for and in
consideration of the sum of	Ten Dollars	***********************************
				DOLLARS
and other vaiuab(e consideration to t	he undersigned paid by the gnntce herein named, the receipt of which is hereby
acknowledged,			8	
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has Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto
Bill Witter
whose mailing address is 187 Woodcreek Dr. Kerrville, Texas. 78026
o! the County of and State of ,all of
the fol{owing described real property in Kerr County, Texas, to-wit:
See Diagram Above and Exhibit A Attached.

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< 02%28/2008 11:23 FAX 830 792 4330 KERR CO ABSTRACT ~ 002/005
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TO HAVE AND TO HOIA the above-described premises, together with all and singular the rights and appurtenances thereto in
anywise belonging, unto the said grantee heirs and assigns
forever; and do hereby bind heirs, executors and administrators to
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee ,
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
EXECUTED this eleventh day of jaaualy ~ ~O1 ~
~ ~,
poy~~ A..y -.
~M!-tO, Susan Tham~rson Jam.:
{Acknowledgment) ~tr~~/ Myco,n,niisiaiErip;rea
STATE OF TEXAS ~ ~,~a~,. July U1, 2001
COUNTY OF
This instrument was acknowledged before me on the ~ a day of ~~k:vL~-~~ i °~'~~ t, ~ ,
by ~p~,la/ ~ ~ ~
My commission expires: il~(~,~ ~ d~-='v ~ ~'~-~
B Notary Public, State of Texas
!}i~,l O 1,.~~~ Notary's printed name:
{AckaowledIIment?
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the
by
My commission expires:
day of
~ ,
Notary Public, State of Texas
Notary's printed name;
(Corporate Aclmowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of . ~
by of
a corporation, on behalf of said corporation.
My commission expires:
Notary Public, State of Texas
Notary's printed name:

02/28/2008 11:23 FAX 830 792 4330 KERB CO ABSTRACT



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02%28/2008 11:24 FAX 830 792 4330 KERR CO ABSTRACT
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Exhibit A Vol. 994
Page 229
One half being the giest half of that certain tract or parcel
of land lying and being situated in the county of Kerr,
state of Texas, comprising 5 acres, being approximately
4.3 acres out of original survey No. 146 Wm. C. Francis,
Abstract No. 137 and approximately 0.7 acre out of original
survey No. 1117, C. C. S. D. ~ R. G. N. G. R. R. Co., Abstract
No. 498 and subject tract being more particularly described
by metes and as follows to-wit;
Beginning 73.7 ft. from an iron stake, the east corner of
subject tract and South corner of a separate 10.03 acre
tract, located 134.9ft. S. 28degrees 30' W. from the West
corner of a 11.11 acre tract being the North corner of lot
22 of Montebello Estates, Plat of which, dated March 2,1976,
is recorded in Volume 4 on Page 50 of the Plat Records of
Kerr County, Texas;
Thence with the CdW line of said lot 22,5.28 degrceo 30'Sd.
139.7 feet to an iron stake, the South corner of subject
tract;
thence,N.46degrees 14'W. 1081.4 feet to the west corner
of subject tract, in the center of roadway. Calcote;
Thence with the center of said roadway,Calcote, N. 4I degrees
41'E. 70.4 feet to the North corner of subject tract, and
the West corner of said 2.5 acre tract, being the East half
of divided 5 acre tract.;
thence with the SW. line of said 2.5 acre tract, S.46degrees
14'E. 1032.6 feet to the place of beginning.
This tract is subject to one-half (1/2), 30 feet,for 60foot
wide roadway, Calcote, along adjacent to and normal from
its NW line.
Field notes prepared from
by Domingues & Associates,
Registered Public Surveyor
Vice-president, Registered
Registered Public Surveyor
Land Surveyor.
j . a,
surveys on the ground in 1972,
Inc. Charles B. Domingues, President,
TTo.1713 and Louis Domingues,
Professional Engineer No. 1633,
No. 222 and a Licensed State
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' 0'2/28/2008 11:24 FAX 830 792 4330 KERR CO ABSTRACT 1~j005/005
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Voi. 444 Page 229
Exhibit A
Part B
Re.S Acces
Clear Spring ranches
Kerrville South.
It is hereby granted onto the Grantee (Bill Wimer}
the right to use and atach onto the septic tank and system
Located on the east half of the five acre tract of divided
property for normal household use to said grantee his
heirs or his designated live ins. for his life-time.
It is also hereby granted onto the grantee the right to
useage of water from the water line system in place as agreed
verbally by dividing the cost of the use equally in half,
and that any repairs upgradesor changes as needed will share
the costs equally.
N~,i,iar twnn M.cn w1YW Pw we, anUl a uw d ew ewuid ta'm'
T ~ S~~OF TEx1~5 j a ~ in~fa W WwNarowW uiNr Fedwl i~
ciwamoFxEar+ 1
IlwrWf'~+'ety ewt tis nstuMNawu FILE m.~ ~ W(9m
~, M e.1. ma al the ~+. ewlapea Iwnm h
n uw txaw t>,ac R.cord+ d Red aop.ry a x«rcow-F tewe ~
DEC 1 fi 2002
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COUNiY~A COUNTY. TTTfAS
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RECOflD ;~'
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RECOF~fNC DATE
DEC l fi 2002
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COUNTY CLERtC KfRR COIfNTY, 7f7G3
RECORDER'S N07E
ATTIME OF RECORDATION INSTRUMENT FOUND
TO BE WADEQUATE FOR BEST PH070GRAPHIC
REPRODUCTION DUE TO THE DEPTH & DARKNESS OF
PRINT, GOLOR OF PRINT OR tNK. BACKGROUND OF
PAPER, ILLEGIBILITY, CARL~;?iv OR PHOTO COPY. ETC.
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