ORDER NO. 30854 FINAL PLAT OF HEADWATERS RANCH, PHASE 3 Came to be heard this the 27th day of May, 2008, with a motion made by Commissioner Oehler, seconded by Commissioners Baldwin/Letz. The Court unanimously approved by vote of 4-0-0 to: Approve the final plat of Headwaters Ranch, Phase 3, located in Precinct 4. ~ `~~ ~s y 1 ~ COMMISSIONERS' COURT AGENDA RE VEST 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: May 27, 2008 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Consider, discuss, and take appropriate action to approve Final Plat of Headwaters Ranch, Phase 3, located in Pct. 4 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom 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 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. reg7 5'~A~ E ~ ~ x Ooun~ Q' ~yc` Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville; Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: May 19, 2008 RE: Final Plat Approval for Headwaters Ranch Phase III, Pct. 4 The average lot size is 20 acres so no overall drainage plan is required. Street profiles, ditches and cross drainage plans were required and completed. Our consulting engineer, Wayne Wells, has reviewed the plan and given verbal approval. Headwaters Ranch Phase III will have a "Local Road" to be county maintained. Today we are requesting Final approval of Phase 3 of Headwaters Ranch. Sam Poorman is here to answer any questions you might have. ~r~, Th headwaters ranch3 Office Use Only AppL, ~~ g Date Received by R&B ROUTING SLIP "~'` Kerr County Application for Final Plat of a Subdivision Name of Subdivision: ~~.a-~tv,¢7~~ ~.4aiC~ ~~fE~~I~ Location of Subdivision: s~ivc/ /`~ ~!D Precinct # Owner/Developer: ~G~ ..Z~ivu~STr'y/E~7~ ~ i~~ Phone (~3v),~ ?- ~ ~ ~-g Surveyor: /(~y,c7iy~~/ .C~` i 7/c Phone (~'..~} ~~O-~t~o Is this part of an existing subdivision? Yes (~ No ( ) If yes, Name: /~l'o¢~cc~~c~~ ~i9~` ~ T ~ /~ Volume ~ , Page ~ `'~ s ~ ~ 7~ a Z ~i o ~ y AGENDA DATE REQUESTED: ~~ yl !2 , ZaoB Person(s) appearing before Commissioners Court: Sq,yt ~ a ~ m XI•z/ Final Plats are to be submitted to the Kerr County Road & Bridge Office, far Review twenty one (2i) days prior to next Commissioner's Court Date.** Received by:~ ~C-l~v ~ /7 0.~ Date ~tir~r~' 2. Copy of Final Plat to County Clerk and arrange for payment of fees per Ken County Subdivision Rules & Regulations. Amount Paid $ 39I. ~ Received by: Q ~/--l ~ 0 ~ T~ /~ ~" ,~~ ~~ ~ t l n 3~a S-Q ~ (Count Clerks Office) Date 3. Ken County Environmental Health [ ] Septic Permit o Fee Amount Paid ' ~ I ~ Received by: • ` J/ Q~~' , '~ / ~ c~ ~! ~ Date <:: ** You must then COMPLETE this form and return it to the Kerr County Road & Bridge Office Fifteen (15) days before Commissioner's Court Agenda Date. Kerr County Subdivision Rules & Regulations Appendix -Page 13 RANCH ENTERPRISES, LTQ. WELLS FARGO BANK, N.A, 37-8511119 15 6 8 2 P.O. BOX 291589 WWW.wELLSFARGO.cOM PATE KERRVILLE, TX 78029-1589 ($30} 257-5559 ~- ~ 8-C) '~' /~ AMOGUjNT/ PAY tp THE pRDER ` ~ _------.._._ .---- --- __~._.-T_-. ~._ __ ______ ____ ____ ' __-_ - - - AUTHORIZED SIGNATURE 11'0 L568 211' ~: ~ L ~900659~:766805360011' ~~~ Official Receipt (Original) Printed on 04/18/2008 at 11:03 am Jannett Pieper r Kerr County Clerk ~r Receipt Number : 13373 700 Main St. Rm122 ~ Date Paid : 4/18/2008 11:03:57AM Kerrville, TX 78028 ~ User: Cheryl 7 Payment No:9324 Paid Amount :391.00 Payment Type:Check Payment Check No :15682 Cost Code Type Amount Owed Amount Paid Balance Owed Instrument; Daily Non Cas es Fees i Inst Type: Book: Page: COURT HOUSE SECURITY CL 1.00 1.00 0.00 RECORDS ARCHIVAL CL 5.00 5.00 0.00 CERTIFIED COPIES CL 5.00 5.00 0.00 RECORDS MANGEMENT CL 5.00 5.00 0.00 RECFEE - PLATS/LARGE CL 375.00 375.00 0.00 Totals 391.00 391.00 0.00 Paid By : Payment Remarks : Ranch Enterprises Final Plat of Headwaters Ranch, Phase 3 Original Balance : Amount Paid : Amount Applied : Amount Unapplied 391.00 391.00 391.00 0.00 TRADE SERVICES DIVISION, NORTHERN CALIFORNIA ONE FRONT STREET, 21ST FLOOR SAN FRANCISCO, CALIFORNIA 94111 Contact Phone: 1(800) 798-2815 Email : sftrade(a~wellsfar4o.com IRREVOCABLE LETTER OF CREDIT Beneficiary: County of Kerr, Texas 4010 San Antonio Highway Kerrville, TX 78028 Attention: County Engineer Letter of Credit No. NZS617077 Date: March 20, 2008 We hereby establish our irrevocable Letter of Credit in favor of County of Kerr, Texas ("Beneficiary') for the account of Ranch Enterprises, Ltd., 1001 Water Street, Suite B-200, Kerrville, TX 78028 in the amount of Five Hundred Eight Thousand Four Hundred Forty Six and 00/100's United States Dollars (US $508,446.00) available with us at our above office by payment of Beneficiary's draft(s) drawn on us at sight marked "Drawn under WeIIs,Fargo Bank, N.A. Letter of Credit No. NZS617077.". Partial and multiple drawings are permitted under this Letter of Credit. This is not a notation credit, and Beneficiary shall be entitled to payment without the presentation of this original Letter of Credit. If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit.expires at our above office on March 20, 2011. Beneficiary may return this Letter of Credit to us for cancellation prior to its expiration provided that this Letter of Credit is accompanied by Beneficiary's written agreement to its cancellation. Such written agreement to cancellation should specifically reference this Letter of Credit by number, clearly indicate that it is being returned for cancellation and be signed by a person identifying themselves as authorized to sign for Beneficiary. This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (2007 Revision), International Chamber of Commerce Publication No. 600 (the "UCP"). As to matters not covered by the UCP, this Letter of Credit shall be governed by and subject to Title 1 Chapter 5 of the Texas Business and Commerce Code. We hereby engage with the Beneficiary that all drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored. IN WITNESS WHEREOF, the Issuer has caused this Letter of credit to be signed and attested by its duly authorized officer who has attached proof of this authorization to sign, and sealed with the Issuer, this 20th day of March, 2008. By: Name: Title: Assistant Vice President ISSUER: E F RGO B , N. A. Eisa hau CSEE PAGE TWO FOR C06PORATE SEAL) THIS IS AN INTEGRAL PART OF LETTER OF CREDIT'N0. NZS697077 PAGE T~10 WELLS FARGO BANK, NATIONAL ASSOCIATION ASSISTANT SECRETARY'S CERTIFICATE I, Pui-Mei Wong, hereby certify that I am a duly appointed and acting Assistant Secretary of Wells Fazgo Bank, National Association (the "Association"), and that the following is the true and correct text of Section 7.2 of the By-Laws of the Association as in effect on the date hereof. Section 7.2 Execution of Written Instruments. The execution, acknowledgement, verification, delivery or acceptance on behalf of this Association of agreements, instruments, and other documents relating to or affecting the property or business and affairs of this Association, or of this Association when acting in any representative or fiduciary capacity, shall be binding upon this Association if signed on its behalf by (i) any two of the following officers: the Chairman of the Boazd, if any, the President, any Vice Chairman, any Executive Vice President or any Senior Managing Director or (ii) any one of the foregoing officers signing jointly with any Managing Director or any Senior Vice President. Whenever any other officer or person shall be authorized to execute any agreement, instnunent or other document by resolution of the Board of Directors, or by the chief executive officer, or by any officer or committee designated by the chief executive officer, or by any two of the officers identified in the immediately preceding sentence, such execution by such other officer or person shall be equally binding upon this Association. I hereby further certify that each person named below is a duly appointed and acting officer of the Association with the title opposite his or her name; each such officer, acting alone, has been duly authorized by two officers of the Association identified in the foregoing provision to sign letters of credit in any amount issued by the Association; such authorization has not been amended or revoked and is in full force and effect as of the date hereof; and any letter of credit so signed shall be binding upon the Association. Jai R. Chaudhary Brian T. O'Connell James Singh Eisa Chau Mike M. Lin Dawn Shinsato Vice President Vice President Vice President Assistant Vice President Assistant Vice President Assistant Vice President IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Bank this 20TWday of MARCH 2008. [Seal] D~~~%~L Pui=Mei Wong Assistant Secretary voL. P P6~ Deg" Sheet 1 of 2 FINAL Ptat of Headwaters Ranch,, Phase 3F'tE>avDgr ~ A SUBDIVISION CONTAINING 249.46 ACRES OF LAND, MORE OR LESS, OUT OF G.H. & S.A. R.R. CO. SURVEY N0. 7, ABSTRACT N0. 403 AND SURVEY N0. 8, ABSTRACT N0. 1802, IN KERR COUNTY, TEXAS, LOCATED APPROXIMATELY 27 MILES NORTHWEST OF THE CITY OF KERRVILLE, KERR COUNTY TEXAS, AND BEING A PORTION OF THAT 257.46 ACRES DESCRIBED IN A DEED TO I.Q. INVESTMENTS, LTD. FILED OF RECORD IN VOLUME 1642, PACE 628 OF THE OFFICIAL PUBLIC RECORDS OF KERB COUNTY. TEXAS. SEWAGE AND SEPTIC FACILITIES SEWAGE AND HASTE PACDI'fIES: The sewage end waste facilities which may be c nstrueted o natelled by o o[ the tracts or Iple within the HEADWATERS RANCH eubdineion oat satiety ell applicable mirdm stele and c only laws, rules, regulations end requirements em entry exist o which may be implemented or emended w the slalom. Theo requimmev4 oly ivaclud~e.e fo yet mpla, pti stenk~or rcomtruarotec8ity.tsiletion t'•ERTQ'ICATION BY ADMINISTRATOR OP ON-SITE SEWAGE FACO4TIE.9 1 hereby cewy that thu propoaM aubdiviaion le mbject lp cpmplyWg with the rules and regulenpm of the Sle[e o/ Texm and Kerr Comfy Ov-Site Sewage FecIDHa. Individual OSSF system aelectim will be made iv epvrynction anN the ads evaluehon with pact to the indrvrduel ede permitting process N eccordmce with the OOTAC Chapter 205. OSSF Rules. Dates tn,a ~~'~ say p _, zooe. 4tta;: rS. oa try. oa tarn Deargnete Repreeentatlve (or Kerr County OSSF MATER NOT PROVIDED TO TRACTS NOTICES Xeter WiH Not Be Provided To 'IYecia 3ubdindon Neither the o r developer, n audinder intends to pmnde aupDly of runvlrrg water to the trace or Iota o the own of the [recta ar Iota in the HEADWATERS RANCH mbdinelon. Thla Iimi[ehen does not effect We water rights pertelning to the individunl [recta or Iota 'thin the avbdivlaion, vo does it modify o otherwise effect mdeting water supply facWtiee, for ample, wivdmi0e, water tanks, wafer ~rougha, water pipeDvea, r the right c eaponding thereto. Neither the o developer. subdivider, n t Kerr County guerenleea the aWlabiety, depth. r ouvt of aubaur(ece water on Idinduel o-mta ar rata within Thin enbaln,ian. BEARING NOTATION BASIS OF BEARINGS WERE DERNED FROM TRUE NORTH OBSERVATIONS USING C.P S. (TRIYBLE/ R.T.X. SYSTEM ON MARCH 9, 2007, SLATE Or TEXAS COUNTY Or KERB I, Rodney W. LIMY, Ragialemd Pr¢laaslonol Land SurveYOr No. .194 do herby carlily LM1at iM1ls plat la an orate repreaenlpll¢n of a survey performed on fha ground under my auparvielon and direction, and than a vislRle o appamnl a samenfa ar encreacM1menla, • cepl aaaaM1Own and plaHad M1emon.a Dated fhla ~ ~ day of A/( 2p08 /~/ ~ t,.. Tr. m S p 'RE soW 1~/I~~ ~ L'Ct T bt ~~ RpONEY W. LITTLE Rplalarsa Pralaaslonal Land Surveyor No. 4394 ~~ DEED RESTRICTIONS NOTICE OF DEED RESI'RICT[ON3 OR RESTRICTIVE COVENANTS: NI Imd within the HEADWATERS RANCN aubmvision is aubjeet to e T1 1 -1'~~~Pet Tinle~8aunty Judge CERTIFICATION BY KERR 911 DRiBCTOR 1 hereby certify [het the mbdivivpo name and road o ea platted Approved by the Commisionen Court of Kerr County Tezes Rereon ere iv compliance with Kerr Bll guidelines a cording to t , , the Roed Naming end Addressing Guidelines of Kerr 811. ov the Z'~~dey of __~L/f~___, 2008 by Order No..T09'SY, Detetl this the ~1 __dey of_ MH ] 2008. n RECORDED on the ]F~ day o1 ___~I/,l~_____, 2008 ~~~ tAr~eQ1t~^'"-a' 911 Director et j_2L o'clock _~_.Y. in Volume ___~___ et Pagers CERTIPICATION DY COUNTY ADMINISTRATOR 09s~_~3 _ f tp< plat Recortla of Karr County, Texea. I hereby certify Chet thla subNvimon plat coNOrms to ell Ian YLTAANC,i.x i of aFAPRIO CIIx VF. x uc.Nl cImRU LLNUTiI Rb§l nn rzc~ dta~ um ta°dHS nit °I ws ee°W'°a Ygo°i°MNe sao9. ry ~ (Fool hai ha,a vH P^^r. Pr^P°*rY Irvs. t 1 J ~q ._ G ~ a e~.~ 7 R -.. ~1 _ - N 1J%5 69' JJ - M)Je X14 Nm IX 1 _ aW ltl - IU' E c Ir1 E 19 2YJ W _.E ali I - - - NI 3 I J° _ il° ~ d 1 - 2 R. m u-1_ v c 2 y a _,. z ~ 6~ 1. 3 _ 2 Y t Is °l' x ~3- __ 3rof~~' IJJ _ _ J ._ 10966'. ~. NR _H E- _ ,l° ~ ~z36_ _ e°b q5' I165 3J 1JI' la'll'W ~wl~ ~r°1 f~.r wm ~~ Iw:...n,..a morns. a Nu~un°rON MnYrn m. a~ppvsinwh. a merr loom ls°'y u4WlM '8 X slw,n m rwH .eiucnru a. •rm °.,adv o~aw.nxnm°d .a°. a v«I orzs a ar-k. d.e~ ~.ro Ij Raxh m6dtWsbn N DW1de /) s S SHAFL Ds YG 'NORTHHIDDS DRIV("~LY ~ - - _-. xwa. q ru Hr a.°ewr..l R~ CauNy~OnSS~D.+~yne a: - °" ~ wPCC ~ Tr¢et 6 a i 'S , a.>I,na rlessc ` :a':~Fe°r ~r ..°, 9tr 25.99 Acres A - i^ } ; f ~ti o _ v 99~ '^': a Tract 9 ~ g Tract 8 { " " T t 7 `~..8 ~~ :.rwol'• ~ ~ Tr act f0 a "g 19.81 Acres 19.99 Acres p ~ " rac 09 Acres 20 g ~ ; _ - ' ° Tract f f s. p 19.6 7 Acres . • > °°ssY an r39 v s 19.88 Acres u d~O ~ ~ 1 w~~ xartxx oa c Pxrv[ w .' % $, . a 95R I t µi ae' l'w n uPfiN d N d xei il'~I't Ilr s....) - ° sV m v ( I Pi6fw. rw.lms nd°ry. W°I wnl -`~- ';wV TT¢Ct 12 °w sew.a> r r x•••.. wr ' . i. 20.24 Acres ¢ m. a w °' r ?; . S r..,~ wn•I w. ,r aa.a >. w sw N w ~ ,., \ 3 . A 1801 ~,:.~o:N •w ~ , ~ i A-i802 ~ t . LEGEND ~ ., ~ #,. ~~ ~~ ~ ¢" a i e„~"~ „' ~ o s.r ~z. r r,«. ,rat. ". ~ ~ f's ~ ~ ~., ~ ~4~ .~ ~ w.rn a ew ~i a •us.- e: b ,, ,. ,..~, # ~ .> ~. / ^ C e Tqu of +ow .nartn \lc MI°W lsvs RrvE / ': { ,x,` ~.+ "~ , . /7/ RODNEY W. LITTLE -LAND SURVEYING & MAPPING ~ P.O. BOX 1593 ~ MEDINA, TEXAS 76055 - 830-460-4900