ORDER NO. 31065 ABANDON, VACATE AND DISCONTINUE 21.20 ACRE PORTION OF LAND OF COMANCHE CAVES RANCH Came to be heard this the 27th day of October, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously approved by a vote of 4-0-0 to: Set a Public Hearing for Monday, December 8, 2008 at 10:00 a.m. to abandon, vacate and discontinue the 21.20 acre portion of land from the recorded plat of Comanche Caves Ranch, Vol. 4, Page 209, located in Precinct 4. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND TEN COPIES OF THIS REOUEST AND DOCUMENTS TO $E REVIEWED BY THE COURT. MADE BY: Leonard Odom, Jr. OFFICE: Road & Bridge MEETING DATE: October 27, 2008 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider, discuss and take auuropriate action to Abandon, Vacate and Discontinue the 21.20 acre uortion of land from the recorded plat of Comanche Caves Ranch, Vol. 4, Pase 209 and set a public hearing for Monday December 8, 2008 (a, 10:00 am. Pct. 4 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom, Jr. ESTIMATED LENGTH OF PRESENTATION: 5 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. °°~ ~~ Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONER'S COURT FROM: LEONARD ODOM DATE: OCTOBER 27, 2008 RE: Concept Plan to Abandon, Vacate and Discontinue the 21.20 acre portion from the Recorded plat of Comanche Caves Ranch, Vol. 4, Page 209. Pct. 4. The Comanche Caves Owners Association are requesting that the 21.20 acre portion of Naroni Ranch be Abandoned, Vacated and Discontinued from the recorded plat of Comanche Caves Ranch, Vol. 4, Page 209. Michael D. Vlasek and wife, Sandra Vlasek are the owners of this 21.20 acres of land. At this time we ask that you accept the concept plan for this Abandonment of the said 21.20 acres of Naroni Ranch from the Comanche Caves Ranch recorded plat and seta public hearing for Monday, December 8, 2008 @ 10:00 am. Th CC MEMO FINAL REVISION OF PLAT FOUR SEASONS LOTS 11 & 12 .doc WALLACE & JACKSON A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 820 MAIN ST., Suite 100 Edgar A. Wallace KERRVII,LE, TEXAS 78028-5300 TELEPHONE 830/896-3811 David L. Jackson October 13, 2008 Mr. Leonard Odom Kerr County Road and Bridge 4010 San Antonio Hwy. Kerrville, Texas 78028 Re: Comanche Caves/Vlasek Dear Leonard: TELEFAX 830/257-6119 Enclosed is the Request and Petition for removal of a portion of Naroni Ranch, Comanche Caves Ranch. Very truly yours, WALLACE & JACKSON, P.C. BY: ~~-~ David L. Jackson ~'~x-2~.~ DLJ/man Enclosures as stated D2008\comanche caves\vlasek\itr odour 10-13-08 REQUEST AND PETITION TO KERR COUNTY The undersigned represents Comanche Caves Ranch Owners Association with respect to a settlement o~ a matter between our client and Michael D. Vlasek and wife, Sandra Vlasek. 1. 'Enclosed is a survey prepared by Gary Brandenburg showing the location of 21.20 acres which is part of Naroni Ranch, a platted tract according to the Plat recorded in Volume 4, Page 209, Plat Records, Kerr County, Texas. This 21.20 acres is owned by Michael D. Vlasek and upon the completion of the settlement documents will remain owned'',by him, but it is not going to be part of Comanche Caves Ranch. Enclosed are the field notes for the tract. 2. We request abandonment of the plat of the 21.20 acre portion of Naroni Ranch so that it ''shall no longer be platted as part of Comanche Trace Ranch nor platted in any respect but owned only as acreage by Michael D. Vlasek. 3. We request that public hearings be scheduled and that we be placed on the agenda necessary for the completion of this abandonment and removal as soon as possible. If there is anything further with respect to this request please let us know. We will wait to hear from you as to time, date and process for the completion of this matter. WALLACE & JACKSON, P.C. A professional corporation By: ~ ~ ~ David L. Jackson Dated: l v ~ ~ bd~ _, v FIELD NOTE DESCRIPTION 21.20 ACRES Being a tract of land situated in Kerr Coun ,Texas and bein a roximatel 17.13 acres in the tY g PP Y J.H. Littleton Survey No. 1568, Abstract No. 2027, approximately 3.54 acre in the J.H. Littleton Survey No. 1446, Abstract No. 2026, and approximately 0.53 acre in the C. & M. R.R. Co. Survey No. 1445, Abstract No. 733 and being a portion of Naroni Ranch of Comanche Caves Ranch Unit II, a subdivision of record in Volume 4, Page 209, Plat Records of Kerr County and being more particulazly described by metes and bounds as follows: BEGINNING at a l 0" cedar fence corner post in the occupied south line of said Survey No. 1568 and the occupied north line of the H. Lange Survey No. 609, Abstract No. 234 and being in the north line of a 53.75 acre tract of record in Volume 259, Page 30, Deed Records of Kerr County and being the southwest corner of an 8 acre tract of record in Volume190, Page 374, Deed Records of Kerr County and being the most easterly southeast corner of said Nazoni Ranch and being the southeast corner of the subject tract; TI-~NCE along or neaz a fence, partially with the common occupied line of said Survey No. 1568 and Survey No. 609, and with the north line of said 53.75 acres and subsequently Tract 8 of Hermosa, a subdivision of record in Volume 7, Page 239, Plat Records of Kerr County and with a south line of said Nazoni Ranch, N 89°14'30"W, 1365.26 feet to a 10" cedar fence corner post in the occupied west line of said Survey No. 1446 and the occupied east line of said Survey No. 1445 and being'the north east corner of the Common Area of said Comanche Caves Ranch Unit II, THENCE with the common line of said Common Area and Naroni Ranch, S 83°03'50"W, 177.69 feet to a' %2" iron rod set for the southwest corner of the subject tract; THENCE through the interior of said Naroni Ranch, from'/z" iron rod set to %2" iron rod set, the following calls: N 28°03' 10"E, 129.93 feet; N 34°34'40"E, 182.76 feet; N 43°54' 10"E, 407.91 feet; N 49°08"30"E, 126.38 feet; N 62°27'20"E, 155.29 feet; N 71°30'30"E, 113.83 feet; N 82°07'40"E, 130.83 feet; N 57°45'00"E, 40.60 feet; N 86°42'20"E, 104.47 feet; N 12°14'30"E, 59.85 feet to a'/2" iron rod set in the centerline of 50' wide public road known as Lange Ravine Road and being a north line of said Naroni Ranch and a south line of Horse Back Ranch of said Comanche Caves Ranch Unit II and being the north comer of the subject tract; v q a• ~ ~, + THENCE with the centerline of said Lange Ravine Road, being common lines of said Nazoni Ranch and Horse Back Ranch, the following calls: S 77°47'50"E, 278.47 feet to a sounding of an iron rod under pavement located by a metal detector; S 48°21'30"E, 144.87 feet to a sounding of an iron rod under pavement located by a metal detector; S 31 °38'00"E, 93.95 feet to a sounding of an iron rod under pavement located by a metal detector; S 14°49'40"E, 94.85 feet to a PK nail set in the center of the south edge of a cattle guard and being in the north line of the aforementioned 8 acre tract and being the southwest corner of said Horse Back Ranch and an east corner of said Naroni Ranch and the subject tract; THENCE with,a common line of said 8 acre tract and said Naroni Ranch, N 89°11'00"W, 6.24 feet to a 10" cedar fence post for the northwest corner of said 8 acre tract and continuing with a common line of said 8 acre tract and said Nazoni Ranch, along or near a fence, S 02°37' 10"E, 524.16 feet to the POINT OF BEGINNING and containing 21.20 acres within these metes and bounds. Note: All iron rods that were set are capped with an orange plastic cap mazked "GUADALUPE SURVEY". Note: This survey is based on the North American Datum 1983, Texas State Plane Coordinate System, South Central Zone. All bearings, distances and acreages shown hereon relate to this datum and coordinate system. This description is a companion to a Plat of Survey dated July 14, 2008 and was prepazed this 15th day of July 2008. t ,~ Gary ax randenburg RP Texas Registration No. 5 File# 08070901-20.2ac msword DP ~P~ a4 ~~ ~ ~~ ~•, GARY IuIAX BRM ...., :;°.~ 5164~R ~ ~,9~0 S 3S`,. , O UR v ' ~ a ~ ~ ~~~~° ~hW ~~ ~ ~ ~~~ ~ ~ ~ ~~~~ ~ ~ :~~ ~ ~w ~ p'n w '. •^' ~jO O `~ w ~ iw~ 62.77'78`E62I.18' $ q '+ ~ ~ .O q m ~ N. ~s raae swat m llli j'Y7jj tl iw ~ ti 0 ~~ k61~ 11 ~ ~ Qo ~ ~~i w ~ ~ y~~~~ ~ ~ 4~i t+~ I ~ ~ I 3 e (~ ~ o Qe QO I ~ I ~ ~ ~"31~ ~'~ I j I irc ~ N^~o ~ )Z-o I I I W ~~ ~ ~ @ ~~ ~ ~ aJ, W ~. 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P } f ~3 c ~: a~ i! q~S RF(' ~i - ~ ~ a~ S.E 3 - .. - est^~ s" IFS 9 ,S Foss ~, b ~i b~ °~!; s y~ !':. :~ :8,~ -~; ': Fe~S. ~1~a}~ 7:Y,: s t6_~3 •L :y°~ a'° s>3ee ~4~u% 3DDD -' .C T~y;3 ~d d3~N l~~, ;.5: ~6t8:~ i~i~ ~- ,; af1~~, ~F I t '~' ~ .e^ ~ a ~ I .ii '1 :~ I 7' fi' ~ ^ [ n i Y I 3~ 1 B ~ .-_ a''~ e[..o•x ~ ~, ~q y~ b ~~ ~~~ ~~~Z$~ sQ . ~~Q~~aU~ YJiQ U i ~ 3 ~ ~~ °s~~s~rs~ s" ~isig~~~ he sr .,~~ ~:; ~~ ~ e ~giea 3 r 31~ . 1 ~~~= e E ! ~ ~~ t.f1'I a4~~ ~~Q 535.E Page 1 of 1 Cheryl Thompson From: Cheryl Thompson [cthompson@co.kerr.tx.us] Sent: Monday, October 27, 2008 4:41 PM To: 'wkcurrent@classicnet.net' Subject: NOTICE OF PUBLICATION-ABANDONMENT OF ROAD.doc Please call to confirm receipt of attached Notice to be published, and the dates to be published. Thank you. Cheryl A. Thompson Chief Deputy Kerr County Clerk 792-2259 10/27/2008 Please publish in the "Notice Section" as a Line Ad, on the following date: Thursday, November 6, 2008 Thursday, November 27, 2008 Thursday, November 20, 2008 Please send the bill to the Kerr County Clerk's Office, Attn: Cheryl A. Thompson, 700 Main Street, Room 122, Kerrville, TX 78028 Thank you. NOTICE OF PUBLIC HEARING CONCERNING ABANDONING, VACATING AND DISCONTINUING THE 21.20 ACRE PORTION OF LAND FROM THE RECORDED PLAT OF COMANCHE CAVES RANCH, VOL. 4, PAGE 209, LOCATED IN PRECINCT 4, KERR COUNTY, TEXAS. Notice is hereby Given that a public Hearing will be held On December 8, 2008 at 10:00 a.m. in the Commissioners' Courtroom in the Kerr County Courthouse To abandon, vacate and Discontinue the 21.20 acre Portion of land from the Recorded Plat of Comanche Caves Ranch, Vol. 4, Page 209, Located in Precinct 4, Kerr County, Texas. Any person who Wishes to protest or comment Must appear on December 8, 2008 at 10:00 a.m. in the Commissioners' Courtroom, Kerr County Courthouse, or let it be Known by writing to the Kerr County Judge's Office 700 Main Street Kerrville, TX 78028 ORDER NO. 31065 ABANDON, VACATE AND DISCONTINUE 21.20 ACRE PORTION OF LAND AT COMANCHE CAVES RANCH Came to be heard this the 27th day of October, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously approved by a vote of 4-0-0 to: Set a Public Hearing for Monday, December 8, 2008 at 10:00 a.m. to abandon, vacate and discontinue the 21.20 acre portion of land from the recorded plat of Comanche Caves Ranch, Vol. 4, Page 209, located in Precinct 4. Page I of 1 Cheryl Thompson From: West Kerr Current [wkcurrent@classicnet.net] Sent: Tuesday, October 28, 2008 9:34 AM To: Cheryl Thompson Subject: Re: NOTICE OF PUBLICATION-ABANDONMENT OF ROAD.doc Hi Cheryl, I have received this ad and scheduled it to run Nov. 6, 20 and 27 as requested. Thanks so much, Susan On Oct 27, 2008, at 4:40 PM, Cheryl Thompson wrote: Please call to confirm receipt of attached Notice to be published, and the dates to be published. Thank you. Cheryl A. Thompson Chief Deputy Kerr County Clerk 792-2259 10/28/2008