ORDER NO. 31297 VACATE LOTS 216-222 IN CENTER POINT ESTATES, UNIT II Came to be heard this the 11th day of May, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve setting a Public Hearing for June 22, 2009 at 10:05 a.m. for vacating lot lines on lots 216-222 in Center Point Estates, Unit II, as recorded in Vol. 3, Page 103, Kerr County Plat records. ~~ J COMMISSIONERS' COURT AGENDA REOUEST 3l a9 ~ ,31a 9 ~ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct Two MEETING DATE: April 27, 2009 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to vacate lots 216-222 in Center Point Estates, Unit II, as recorded in Vol. 3, Page 103, Kerr County Plat records and/or set a Public Hearing if required. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING COURT: Commissioner Williams, Don Voelkel. ESTIMATED LENGTH OF PRESENTATION: 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 SSl and 552, Government Code, is as 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 you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 212 CLAY STREET, KERRVILLE,TEXAS 78028 PHONE:830-257-3313 . FAX:830-257-3377 LAND SURVEYING, P~~c www.KerrCounty5urveyor.com Apri120, 2009 Kerr County Commissioner's Court 700 Main St. Kerrville, TX 78028 Re: Vacating part of Center Point Estates, Unit II Attn: Bill Williams, Precinct 2 I have enclosed a sketch of part of Center Point Estates, Unit II, the plat of which is recorded in Volume 3, Page. 103, Kerr County Plat Records. My client, Mr. Pete Selig, owns Lots No. 216 through No. 222, and a 134.61 acre tract adjacent to and immediately to the west of these lots. Mr. Selig is requesting Kerr County to vacate these lots, as well as the 20 ft. wide roadway situated between his 134.61 acre tract and these lots. I have shaded the area on the enclosed sketch. Please place this item on the agenda for the Commissioner's Court meeting on Apri127, 2009. Thank you. Sincerely, ~` ~~ ..~ "~ r Don W..Voelkel o ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ i x ~ ,~ 3 w :. ^_ °o~o of ~ Q;o p N N . i ~ N N X v uo 215 ~°x -. N O '`:' I~ ~ :':'Fars!~~i.ryir In 1(') '-i :' -+4~C~~ M M W ,-~,:5 00 0 M O O ~ O o 2 2 ~;': O QI. N NI ,^ W f a o a~ ,~ ~~~:~~ O OXN ~ 0 0 ~ ~ ~ 255/575 N ~ I Nv 1.53 ACRES co co I~ n I N W s I~ N IN LOTS 216 - 222 = 3.215 ACRES ROADWAY = 0.356 ACRE TOTAL = 3.571 ACRES 231 230 229 228 227 226 CENTER POINT ESTATES, -UNIT VOLUME 3 PAGE 103, PLAT RECORDS 225 224 223 221/557 TRACT 1 1630/6 13.609 ACRES ~\ ~~ ~G\ ~ t~ .OCAL GOVERNMENT CODE CHAPTER 232. COUNTY REGU... http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm~LG.232.htm#... Sec. 232.008. CANCELLATION OF SUBDIVISION. (a) This section applies only to real property located outside municipalities and the extraterritorial jurisdiction of municipalities, as determined under Chapter 42. (b) A person owning real property in this state that has been subdivided into lots and blocks or into small subdivisions may apply to the commissioners court of the county in which the property is located for permission to cancel all or part of the subdivision, including a dedicated easement or roadway, to reestablish the property as acreage tracts as it existed before the subdivision. If, on the application, it is shown that the cancellation of all or part of the subdivision does not interfere with the established rights of any purchaser who owns any part of the subdivision, or it is shown that the purchaser agrees to the cancellation, the commissioners court by order shall authorize the owner of the subdivision to file an instrument canceling the subdivision in whole or in part. The instrument must describe the subdivision or the part of it that is canceled. The court shall enter the order in its minutes. After the cancellation instrument is filed and recorded in the deed records of the county, the county tax assessor-collector shall assess the property as if it had never been subdivided. (c) The commissioners court shall publish notice of an application for cancellation. The notice must be published in a newspaper, published in the English language, in the county for at least three weeks before the date on which action is taken on the application. The court shall take action on an application at a regular term. The published notice must direct any person who is interested in the property and who wishes to protest the proposed cancellation to appear at the time specified in the notice. (d) If delinquent taxes are owed on the subdivided tract for any preceding year, and if the application to cancel the subdivision is granted as provided by this section, the owner of the tract may pay the delinquent taxes on an acreage basis as if the tract had not been subdivided. For the purpose of assessing the tract for a preceding year, the county tax assessor-collector shall back assess the tract on an acreage basis. (e) On application for cancellation of a subdivision or any phase or identifiable part of a subdivision, including a dedicated easement or roadway, by the owners of 75 percent of the property included in the subdivision, phase, or identifiable part, the commissioners court by of 2 4/20/2009 2:50 PM ~OCAL GOVERNMENT CODE CHAPTER 232. COUNTY REGU... http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.232.htm#... order shall authorize the cancellation in the manner and after notice and a hearing as provided by Subsections (b) and (c). However, if the owners of at least 10 percent of the property affected by the proposed cancellation file written objections to the cancellation with the court, the grant of an order of cancellation is at the discretion of the court. (f) To maintain an action to enjoin the cancellation or closing of a roadway or easement in a subdivision, a person must own a lot or part of the subdivision that: (1) abuts directly on the part of the roadway or easement to be canceled or closed; or (2) is connected by the part of the roadway or easement to be canceled or closed, by the most direct feasible route, to: (A) the nearest remaining public highway, county road, or access road to the public highway or county road; or (B) any uncanceled common amenity of the subdivision. (g) A person who appears before the commissioners court to protest the cancellation of all or part of a subdivision may maintain an action for damages against the person applying for the cancellation and may recover as damages an amount not to exceed the amount of the person's original purchase price for property in the canceled subdivision or part of the subdivision. The person must bring the action within one year after the date of the entry of the commissioners court's order granting the cancellation. (h) The commissioners court may deny a cancellation under this section if the commissioners court determines the cancellation will prevent the proposed interconnection of infrastructure to pending or existing development. of 2 4/20/2009 2:50 PM Run only on May 21, June 4 and June 11. Thanks a bunch! CheryC.~. 2~iompson Chief Deputy Kerr County Clerk 700 Main Street, Room 122 Kerrville, TX 78028 830-792-2259 830-792-2274 Fax From: West Kerr Current [mailto:wkcurrent@classicnet.net] Sent: Monday, May 11, 2009 1:20 PM To: Cheryl Thompson Subject: Re: NOTICE OF PUBLICATION-REVISION OF PLAT.doc Hello Cheryl, We received the ads, will we run them in the 5/14 edition? I will send proofs asap. Thank you, Phyllis On May 11, 2009, at 12:58 PM, Cheryl Thompson wrote: Attached are 3 Public Notices that need to be published. Please prepare Proofs for me to review, and confirm the publication dates. Thanks. Page 1 of 1 Cheryl Thompson From: Cheryl Thompson [cthompson@co.kerr.tx.us] Sent: Monday, May 11, 2009 12:58 PM To: 'West Kerr Current' Subject: NOTICE OF PUBLICATION-REVISION OF PLAT.doc Attachments: NOTICE OF PUBLICATION-REVISION OF PLAT.doc Attached are 3 Public Notices that need to be published. Please prepare Proofs for me to review, and confirm the publication dates. Thanks. 5/11/2009 E-Mail to Phyllis at the West Kerr Current (wkcurrent@classicnet.net) (367-3501) Please publish in the "Notice Section" as a Line Ad, on the following dates: Thursday, May 21, 2009 Thursday, June 4, 2009 Thursday, June 11, 2009 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. Word/Comm Crt/Notice ofPublication-Revision of Plat.doc NOTICE OF PUBLIC HEARING Notice is hereby Given that a public Hearing will be held On June 22, 2009, at 10:05 a.m. in the Commissioners' Courtroom in the Kerr County Courthouse For vacating Lots 216-222 in Center Point Estates, Unit II, Vol. 3, Page 30, Kerr County plat records. Any person who Wishes to protest or comment Must appear on June 22, 2009 at 10:05 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 Word/Comm Crt/Notice ofPublication-Revision of Plat.doc West Kerr Current 107A Highway 39 Ingram, TX 78025 830-367-3501 Bill To Kerr County Clerk ATTN: Cheryl A Thompson 700 Main St Room 22 Kerrville TX 78028 Invoice Date Invoice No. 05/31 /09 18890 Terms Rep Due on receipt HSE Item Description Qty Rate Amount Class Class 1x6 Classified Ad May 21 I -~-% TWO 1x6.5 Classified Ads May 21 ~ k~~ ~.rt~"` 1 2 21.00 22.75 21.00 45.50 Thank you for your business. Total $66.50 Classifieds 260 ................... WANTED TO BUY 300 ...............TRANSPORTATI ON 400 .......................................PETS 550 ................................ NOTICES 530 .......................LOST & FOUND 500-510. ...............:....... SERVICES 520 ........................... PERSONALS 530 . .:....:.................HELP WANTED 560 ......................... COUNSELING 570 .................... CONSERVATION 620 ....................0 P PO RTU N ITI E S 630 ........................... R E STAURANT • Ads must be in compliance with the Fair Housing Act. • Please read your ad the first day it appears in order ~ to make changes or corrections. ~ • The Current's liability is limited to the ad's cost. • Rates are determined when your ad is placed. eauu NousiNc OPPORTUNITY 00 SERVICES Rhonda. Taylor Farmers Insurance HOME/AUTO/LIFE COMMERCIAL. Call us for all your insurance needs 715 Hill Country Dr. Suite 4 Kerrville, Texas 78028 1-888-880-7878 AUd~O~`i~~b ~, Lighting Tech ~ Con~ul~`ant for Studios &-~vents_ Private or Commercial ~ CaII 257-4611 Leave mSg~, after '~ F~ta~e :.,. 5OO SERVICES ~~ ~ptner~ ia1 ~"" fore tit's &: C-ut'x "' Constructc-at +r~'lean Clps gee ystln~ates ;aces 550 NOTICES ~5O NOTICES NOTICE OF PUBLIC HEARING .Notice is hereby Given that apublic Nearing will be held On June 22, 2009, at 10:00 a.m`. in the Commissioners' Courtroom in the Kerr County Courthouse For Revision of Plat for Tracts 8, 9 and 10, of Kerrville Ranchettes, located in Precinct 4. Any person who Wishes to protest or comment Must appear on June 22, 2009 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 NOTICE OF PUBLIC HEARING Notice is hereby Given that a public Hearing will be held On June 22, 2009, at 10:05 a.m. in the Commissioners' Courtroom in the Kerr County Courthouse For vacating Lots 216- 222 in Center Point Estates, Unit II, Vol. 3, Page 30, Kerr County plat records. Any person who Wishes to protest or comment Must appear on June 22, 2009 at 10:05 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 Streef Kerrville, TX 78028 SUMMER'S ALMOST HERE! 550 NOTICES SHOULDN'T YOUR -_---BUSINESS BE-1N THE Page 1 of 1 Cheryl Thompsdn From: Cheryl Thompson [cthompson@co.kerr.tx.us] Sent: Tuesday, June 23, 2009 8:44 AM To: 'West Kerr Current' Subject: NOTICE OF PUBLICATION-REVISION OF PLAT-CP EST.doc Attachments: NOTICE OF PUBLICATION-REVISION OF PLAT-CP EST.doc Please acknowledge receipt and prepare proof please. Thanks for all of your help. Cheryl 6/23/2009 E-Mail to Phyllis at the West Kerr Current (wkcurrent@classicnet.net) (367-3501) Please publish in the "Notice Section" as a Line Ad, on the following dates: Thursday, June 25, 2009 Thursday, July 9, 2009 Thursday, July 16, 2009 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. Word/Comm Crt/Notice ofPublication-Revision of Plat.doc NOTICE OF PUBLIC HEARING Notice is hereby Given that a public Hearing will be held On July 27, 2009, at 10:05 a.m. in the Commissioners' Courtroom in the Kerr County Courthouse For vacating Lots 216-222 in Center Point Estates, Unit II, Vol. 3, Page 30, Kerr County plat records. Any person who Wishes to protest or comment Must appear on July 27, 2009 at 10:05 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 St>`eet Kerrville, T~ 78028 Word/Comm Crt/Notice of Publication-Revision of Plat.doc Cheryl Thompson From: West Kerr Current [wkcurrent@classicnet.net] Sent: Tuesday, June 23, 2009 11:06 AM To: Cheryl Thompson Subject: 6/25 ad proofs Attachments: kerrco2x-1 x4-6-25-class. notices. pdf L kerrco2x-1x4-6-25- class.notice... Hello Cheryl. Here are copies of both ads for this week. Please let me know if all is well or we need to make any changes. Thank you, Phyllis Landin 1 NOTICE OF PUBLIC HEARING Notice is hereby Given that a public Hearing will be held On July 27, 2009, at 10:05 a.m. in the Commissioners' Courtroom in the Kerr County Courthouse For vacating Lots 216-222 in Center Point Estates, Unit II, Vol. 3, Page 30, Kerr County plat records. Any person who Wishes to protest or comment Must appear on July 27, 2009 at 10:05 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 NOTICE OF PUBLIC HEARING Notice is hereby Given that a public Hearing will be held On July 27, 2009, at 10:10 a.m. in the Commissioners' Courtroom in the Kerr County Courthouse For vacating a public road easement in Center Point Estates, Unit II, Vol. 3, Page 30, Kerr County Plat Records. Any person who Wishes to protest or comment Must appear on July 27, 2009 at 10:10 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