0412041.2
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Dave Nicholson OFFICE: Commissioner Pct. 4
MEETING DATE: April 12, 2004 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss accepting an offer from the Texas Department of Transportation for Kerr County to assume
ownership of a portion of old Highway 39, near Ingram, that runs from a point south of the new Highway 39 on the Hill
Country Arts Foundation Property, across that property and across the property of the Ingram Little League to connect
back to new Highway 39.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Dave Nicholson /Len Odom
15 mins.
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 REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

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.
Texas Department of Transportation
P.O. BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110
PO Box 294029
Kerrville, Texas 78029-4029
February 18, 2004
The Honorable Pat Tinley
County Judge, Kerr County
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Dear Judge Tinley:
We have been working with the Hi11 Country Arts Foundation to facilitate the
abandonment of some "ofd" right of way that is contiguous to their property in Ingram. As
""` part of this effort, we need for Kerr County to consider adopting the attached resolution.
This resolution requests that the Texas Department of Transportation declare certain
portions of unused right of way as surplus, and that these portions be removed for the
state highway system. If this resolution is adopted by Kerr County, and approved by the
Texas Transportation Commission, the "old" right of way of SH 39 would become the
property of Kerr County.
Thank you for your assistance in this matter. If you have any questions or require further
information, please contact Michaef.Coward, PE at (830) 257-8444.
Sincerely,
Michael Coward, PE
Area Engineer
MAC:mc
cc: Troy Witt
Jerry Reavis
An Eoue/ OoportunltV Emolovar
COUNTY RESOLUTION
REQUESTING THE STATE OF TEXAS, ACTING BY AND THROUGH ITS
TEXAS TRANSPORTATION COMMISSION, TO DECLARE CERTAIN
TRACTS 1 AND 2 DESCRIBED ON ATTACHED EXHIBITS "A" AND "B"
BEING THOSE PORTIONS OF LAND THAT WERE OUT OF AND A PART
OF AN EXISTING OLD COUNTY ROAD THAT MERGED IN USE WITH
STATE RIGHT OF WAY WHICH ARE UNUSED PORTIONS OF OLD
STATE HIGHWAY 39, LOCATED IN THE COUNTY OF KERR TO BE
DECLARED SURPLUS AND REMOVED FROM T HE S TATE H IGHWAY
SYSTEM.
WHEREAS, portions o f t and w ere o ut o f a nd a p art o f a n existing old county road that
merged in use with the state right of way known as old State Highway 39. There being no record
title thereto in the State's name; and
WHEREAS, due to reconstruction and relocation of said State Highway 39 sections of
above described said facility are no longer needed for State Highway purposes and are no longer
needed for use by the citizens as a road or any other state highway purposes.
WHEREAS, certain property described as Tract 1, being a ~0 foot wide strip of land
containing 1.391 acres (60,598 square feet) and Tract 2, being a strip of land containing 1.008 acres
(43,925 square feet) both tracts being more particularly described by metes and bounds in Exhibits
"A", and "B" attached hereto and made a part hereof.
WHEREAS, KERB COUNTY has agreed to accept the transfer, jurisdiction and
maintenance of these Tracts 1 and 2 described by metes and bounds on attached EXHIBIT "A" and
`B", being out of and a part of an existing old county road that merged in use with state right of way
known as old State Highway 39 of which there is no record title thereto in the State's name;
IT IS, THEREFORE, REQUESTED by the Commissioners Court of Kerr County, Texas,
at its regular meeting that the Texas Transportation Commission adopt and pass an appropriate
Minute Order declaring said Tracts 1 and 2 described by metes and bounds on attached EXHIBIT
"A" and "B" being out of and a part of an existing old county road that merged in use with state right
of way known as old State Highway 39, to be declared surplus to the needs of the State and remove
.,.._ it from the State Highway system.
PASSED, APPROVED AND ADOPTED this day of
COUNTY COMMISSIONERS OF KERB COUNTY, TEXA5
BY- ~_ BY:
u ge, Kerr County
!( i c
BY: ~`~ BY:
Commissioner
BY: ~ ~ BY.
By:
2003.
~~ ~
Co issioner
Commissioner
Commissioner
ATTEST:
County Clerk, Kerr County
DOPIALD C. OEtILEK
Attorney at Law Member State Bar College
P. O. Box H
Ingram, Texas 78025
(830) 367-5116 Fax (830) 367-2988
March 9, 2004
Hon. David E. Nicholson
County Commissioner, Precinct Four
700 Main Street
Kerrville, Texas 78028
re: Texas Department of Transportation; Hill Country Arts Foundation; surplus lands
Dear Mr. Nicholson:
As I mentioned to you last week, the Hill Country Arts Foundation is in the process of
exchanging certain lands with the State of Texas. As a part of that transaction and process,
the State wants to clear certain other adjacent lands from its inventory.
As per my various conversations with Hilaria Gloria, Texas Department of Transportation, Ms.
Gloria, has explained that this is really atwo-part transaction. The first part is that the state
~' declares parts of old SH 39, as surplus. These are certain small areas to which the State has
no title, but which have been used for public highway purposes for many years, although
same are not currently used, since the construction of new SH 39. The City of Ingram has
already passed a resolution to the effect that the city does not want these lands from the state,
which clears the way for the county to adopt a resolution (see enclosed), to the effect that the
county would take these same lands. Since there is no title to these lands, the State would
pass title by action of the Highway Commission, in minutes of that agency. Once the above is
done, then the county could do whatever the commissioners' court might determine as to
these lands.
The second part ~~~ould not involve the county. The State and the Hill Country Arts Foundation
would make an exchange of lands, so that RCAF would then own among other small tracts,
the present entrance to the HCAF property, and the State would have a wider right of way for
SH 39.
If you would be kind enough to review the enclosed (a resolution with field notes for two
separate tracts), and if you have any questions, then please contact me. I have a large plat
that depicts these areas, which I can make available for your use or for copying.
Thank you for your consideration of this matter.
,,., Ve '{~ruly yours
onald C. Oehler
encl. as stated
--- Controi:193-2
County: Kerr County
Highway: old S.H. 39
FIELD NOTES OF TRACT 1
April 10, 2003
Being a 50 foot wide strip of Land containing 1.391 acres (60,598 square feet} situated in the
Francisco Trevino Survey No. 130, Abstract No. 333, Kerr County, Texas and being a portion of
a 10.206 acre tract of land conveyed on January 4, 1991 to Ingram Little League Inc. in a deed of
record in Volume 576, Page 566, Real Property Records of Ken County; said 10.206 acre tract
being within and being a portion of a 87.5 acre tract conveyed on June 19, 1963 from Tazlton
Leo Dowdy et al to Mary Belle French in a deed of record in Volume 115, Page 413, Deed
Records of Kerr County and being the strip of land occupied by the remnants of old Texas State
Highway No. 39 of which no deed of record was found and being more particulazly described by
metes and bounds as follows:
COMMENCING from a'/2" iron rod set neaz an old cedar fence post at the intersection of the
east line of said 87.5 acres and the south right of way line of a 120 foot wide State Highway
known as the new Texas State Highway No. 39 and being the northeast corner of said 10.206
acres, the northwest corner of a 5.7 acre tract of land released to HiII Country Arts Foundation of
record in a Release of Lien dated February 16, 1982 of record in Volume 739, Page 443, Real
Property Record of Kerr County and being the southeast corner of a I20 foot wide strip of land
containing 5.034 acres conveyed on October 18, 1965 from Mary Belle French to the State of
Texas in deed of record in Volume 122, Page 290, Deed Records of Kerr County; said point
bears, S 24° 12'E, 60.06 feet (record S 23 °42 'E, 60.1 feet) from Engineer's Station 2071+79.81
(record Sta. 2071 +80.3) on the centerline of said new Texas State Highway No. 39;
THENCE with the common line of said 10.206 acres and said 5.7 acres being the east line of said
87.5 acres, S 24°12'E, 485.52 feet (record S 23°42'E) to a %:" iron rod set for the POINT OF
BEGINNING being the northeast corner of the subject tract;
(1) THENCE continuing with the common line of said 10.206 acres and said 5.7 acres being the
east line of said 87.5 acres, S 24° 12'E, 52.48 feet (record S 23°42'E) to a %Z" iron rod set for the
southeast corner of the subject tract; said point bears, N 24°12'W, 100.00 feet (record N
23°42'i~ from a %" iron rod set on the north bank of the Guadalupe River being the southeast
corner of said 10.206 acres and 87.5 acres and the southwest corner of said 5.7 acres;
(2) THENCE through the interior of said 10.206 acres, S 83°30'W, 850.00 feet to a'/:" iron rod
set for an angle point;
(3) THENCE continuing through the interior of said 10.206 acres, N 88°30'W, 445.96 feet to a
:" imn rod set for the southwest corner of the subject tract. Said point being 80.00 feet to the
right and radial to Engineer's Station 2059+72.64 on the centerline of said new Texas State
Highway No. 39;
Page 1 of 3
EXHIBIT "A"
--- (4} THENCE continuing through the interior of said 10.206 acres along the arc of a curve to the
left with a 1990.10 foot radius and a central angle of 4° 17' and a chord bearing and distance of,
N 71°49'E, 148.46 feet, concentric with and 80.00 feet from the centerline of said new Texas
State Highway No. 39, a distance of 148.50 feet to a %" iron rod set for the northwest corner of
the subject tract. Said point being 80.00 feet to the right and radial to Engineer's Station
2061+15.17 on the centerline of said new Texas State Highway No. 39;
(5) THENCE continuing through the interior of said 10.206 acres, S 88°30'E, 302.68 feet to a'/~"
iron rod set for an angle point;
(6) THENCE continuing through the interior of said 10.206 acres, N 83°30'E, 830.55 feet to the
POINT OF BEGINNING and containing 1.391 acres (60,598 square feet) within these metes and
bounds. Error in closure of the herein described tract is 1 in 275,642.
This description is a companion to a Plat of Survey dated March 19, 2003 and was prepared this
10~' day of April 2003.
Note: All iron rods that were set are capped with an orange plastic cap marked "C DIGGES
#4061 ".
Qao~
v°~E OF
....._ i t~ ,Q~G~ E
Chazles Digges a ""~~
Texas Registration No. 4061 :A .coat
Fileli03031902 msword DP Gr'9~1~c.....
Page 2 of 3
EXHIBIT "A"
~^	LENGTH DELTA DEGREE
CURVE DATA'
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RADIUS 2'53'
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r~.r...et.` w5.r..rwr.a,eW.o.~u FRANCISCOIREVINO
n I PpnnN.ue, r.---- ^.
Rteaf pgringt and dtleKtt a 'npW n ^ ~AY L'JIE ~.~ - ~. ~'
SURVEY No. 134 Y~ o, 39 e5A totl.ca
JOSEPH BEITEL AgSTRACY No. 333 , ^S AT ~µ1CH~ pd
SURVEY No. 131 " ~~ ••• '
ABSTRACT Mo. 30 d ~EXA},pN ~ltAi[ p` rte'` C5 pgHT a WAr'f •w •#
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I, f,Nadat Diggee, o Reghtued Protettiond
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con'ecdy npraen ~~ ni on on March 19, 2003•
ground under my ~ IIne1,
All di5cnpon~!e'intruHOnt opponnt on the
~Vufionf, tole contoininq
>,te an thorn Mnon. OnIY pii nature in
my feat in Nock Ink and my 9, , ai ,ne
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0 1.391 Acres (60,598 S9~ q ~ ~p ~ ~.~.fv
Prat of Survey ,red tin the Francisco \,,,
333, q~ `~~.
Ft.) Tract 1 swtua ~ ~,~
Survey No. 130, Abstract No'
TT'ev'bTw TBSaS, IS A OpYPIN10N ~ ~ 183-1
Kerr County, n ~ ""' °F s""'~ oN a~~o osostaoa
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.._. Control: 193-2 April 10, 2003
County: Kerr County
Highway: old S.H. 39
FIELD NOTES OF TRACT 2
Being a strip of land containing 1.008 acres (43, 925 square feet) situated in the Francisco
Trevino Survey No. 130, Abstract No. 333, Kerr County, Texas and being a portion of a 5.7 acre
tract of land released to Hill Country Arts Foundation of record in a Release of Lien dated
February 16, 1982 of record in Volume 739, Page 443, Real Property Record of Ken County and
being a strip of land owned by the State of Texas of which no deed of record was found and also
being all of a strip of land occupied by the remnants of old Texas State Highway No. 39 of which
no record was found either and being more particulazly described by metes and bounds as
follows:
COMMENCING from a concrete right of way monument found in the south right of way line of
a 120 foot wide State Highway known as the new Texas State Highway No. 39 and being a
reentrant corner of a 2.743 acre tract of land conveyed from H. L. Sublett to the State of Texas of
,~ record in a deed dated June 22, 1965 of record in Volume121, Page 400, Deed Records of Kerr
County and being the northeast corner of said 5.7 acre tract; said point being 60.00 feet to the
right and radial to Engineer's Station 2077+10.0 on the centerline of said new Texas State
Highway No. 39;
THENCE with the common lines of said 2.743 acres and said 5.7 acres, S 47°45'E, 102.39 feet
(record 101.8 feet) to a brass disc found for a common comer and continuing, S O1°37'E, 267:38
feet (record 266.70 feet) to a brass disc found in a northwest right of way line of said oId
Highway No. 39; said portion owned by the State of Texas, for the POINT OF BEGINNING
being the south corner of said 2.743 acres and the easterly southeast corner of said 5.7 acres;
THENCE with the common lines of said 2.743 acres and said old Highway No. 39, said portion
owned by the State of Texas, the following calls:
(1) N 42°41'E, 83.50 feet to a %" iron rod set for an angle point;
(2) N 32°20'E, 113.30 feet to a 60d nail found for an angle point;
(3) N 10°55'E, 39.86 feet to a 60d nail found for an angle point;
(4) N 06°50'E, 21.21 feet to a 60d nail found for an angle point;
(5) N O 1 °21' W, 20.03 feet to a 60d nail found for an angle point;
(6) N 09°54' W, 58.60 feet to a 60d nail found for an angle point;
(7) N 19° 14' W, 32.89 feet to a'/z" iron rod set for the northwest comer of the subject
tract; said point being 80.00 feet to the right at right angles to Engineer's Station 2079+03.24 on
the centerline of the aforementioned new Texas State Highway No. 39;
Page 1 of 4
EXHIBIT "B"
(8} THENCE through the interior of said old highway No. 39, said portion owned by the State of
Texas, with the north Line of the subject tract, parallel with and 80.00 feet from the centerline of
said new Texas State Highway No. 39, N 88°23'E, b8.03 feet to a'/z" iron rod set in a east right
of way line of said old Highway No. 39, said portion owned by the State of Texas, being a west
line of a 10.5 acre tract of land released to Hill Country Arts Foundation of record in a Release of
Lien dated February 16, 1982 of record in Volume 739, Page 443, Real Property Record of Kerr
County; said point being 80.00 feet to the right at right angles to Engineer's Station 2079+71.27
on the centerline of said new Texas State Highway No. 39;
THENCE with the common lines of said 10.5 acres and said old Highway No. 39, said portion
owned by the State of Texas, the following calls:
(9) S 02°24'E, 87.42 feet to a''/z" iron rod set for an angle paint;
(10} S 06°50' W 101.46 feet to a 'tz" iron rod set for an angle point;
(1 l } S 32°28' W, 173.15 feet to an old rock column post for an angle point;
(12} S 46°30' W, 178.30 feet to an old rock column post for an angle point;
(13} S 53°28'W, 128.42 feet to a'/z" iron rod set in the northwest line of said 10.5 acres
and the southeast line of the aforementioned 5.7 acres for an angle point;
(14} THENCE through the interior of said 5.7 acres, S 64°50'W, 105.00 feet to a'/z" iron rod set
for an angle point;
(IS) THENCE continuing through the interior of said 5.7 acres, S 76°41'W, 105.53 feet to a %z"
iron rod set in the west line of said 5.7 acres and the east line of a 10.206 acre tract of land
conveyed on January 4, 1991 to Ingram Little League Inc. in a deed of record in Volume 576,
Page 566, Real Property Records of Kerr County being a portion of a 87.5 acre tract conveyed on
June 19, 1963 from Tazlton Leo Dowdy et al to Mary Belle French in a deed of record in Volume
115, Page 413, Deed Records of Ken County and being the southwest corner of the subject tract.
Said point bears, N 24°12'W, 100.00 feet (record N 23°42'K~ from a %z" iron rod set on the
north bank of the Guadalupe River being the southeast corner of said 10.206 acres and 87.5 acres
and the southwest corner of said 5.7 acres;
(lb) THENCE with the east line of said 10.206 acres and said 87.5 acres and the west line of said
5.7 acres and the subject tract, N 24°12'W, 52.48 feet (record N 23°42'T~ to a %z" iron rod set
for the most westerly corner of the subject tract. Said point bears S 24° 12'E, 485.52 feet from a
'/z" iron rod set near an old cedaz fence post at the intersection of the east line of said 87.5 acres
and the south right of way line of the aforementioned 120 foot wide State Highway known as the
new Texas State Highway No. 39 and being the northeast corner of said 10.206 acres, the
northwest corner of said 5.7 acres and being the southwest corner of the aforementioned 2.743
acres and the southeast corner of a 120 foot wide strip of land containing 5.034 acres conveyed
on October 18, 1965 from Mary Belle French to the State of Texas in deed of record in Volume
122, Page 290, Deed Records of Kerr County and which bears, S 24°12'E, 60.06 feet (record S
23°42'E, 60.1 feet} from Engineer's Station 2071+79.81 (record Sta. 2071 +80.3) on the
centerline of said new Texas State Highway No. 39;
Page 2 of 4
EXHIBIT "B"
THENCE through the interior of said 5.7 acres the following calls:
(17) N 77°29'E, 110.26 feet to a ''/2" iron rod set for an angle point;
(18} N 64°50'E, 94.84 feet to a '/:" iron rod set for an angle point;
(19} N 53°28'E, 120.41 feet to a''/2" iron rod set for an angle point;
(20} N 42°11'E, 69.06 feet to a'/~" iron rod set for a reentrant corner of said 5.7 acres;
(21 }THENCE with the common line of said 5.7 acres and the aforementioned old highway No.
39, said portion owned by the State of Texas, N 47°19'E, 58.00 feet to the POINT OF
BEGINNING and containing 1.008 acres (43,925 square feet} within these metes and bounds.
Error in closure of the herein described tract is 1 in 92,643.
This description is a companion to a Plat of Survey dated March 19, 2003 and was prepared this
10`'` day of April 2003.
Note: All iron rods that were set are capped with an orange plastic cap mazked "C DIGGES
#4061 ".
	
	
	~~ ~ ~ ,..,
Chazles Digges RP	cH.~R~;~s iii ~;~;" _ ~ ,
~~;
,
~
-- Texas Registration No. 4061	,
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Page 3 of 4
EXIiIBIT "B"
i
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ITA 2099^~ ~ f
1,^ ;tA lp7P^aOAa ~ Z
t'~~r' P. , StA 2071n12,101 v,t ~~. ' "i
REVIATIDNS CaWU ~ ~ ' ' AA 2011^~ - . , .---. '~°. ,,; ,,. ..: ', 9
ND QF ABB ~Nn,Mt Awarae et e.a :.. +
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Gan9r U.E-Wkh EOWnent Ai 1 ~ wav ., ~ ~ ~~ ns\ UBJECT 1AACS ,,.t.s ~
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0.A,A.C..p.ed NtY AWroe P.0,9rPalnl of BiM w,r, u.L~u°'•r lnav ~ ~ ''~ .fa19LA2 fir""` _' A"eekW ..... .. ...
ra,,l~ \ ...............................
RPA~%.0~~°~w~e Of pn W'A'b' Pde, O.wr0.'f w.. Wrier Ane ~etk fie ~ 11A 2015.W. 3~' ,;• `~~~ .. o ~i'~ ~ ~ ~ u~ ~2
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f.6P, - shown in P w~a»w ~ ~ . S A 01T^~ 7 . "$
nd d'ntoneu ar° yrAgy AT• ~'~~ R ~ l'g ~ Q \'\ ~ I
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COUNTY RESOLUTION
REQUESTING THE STATE OF TEXAS, ACTING BY AND THROUGH ITS
TEXAS TRANSPORTATION COMMISSION, TO DECLARE CERTAIN
TRACTS I AND 2 DESCRIBED ON ATTACHED EXHIBITS "A" AND "B"
BEING THOSE PORTIONS OF LAND THAT WERE OUT OF AND A PART
OF AN EXISTING OLD COUNTY ROAD THAT MERGED IN USE WITH
STATE RIGHT OF WAY WHICH ARE UNUSED PORTIONS OF OLD
STATE HIGHWAY 39, LOCATED IN THE COUNTY OF KERR TO BE
DECLARED SURPLUS AND REMOVED PROM THE STATE HIGHWAY
SYSTEM.
WHEREAS, portions of land were out of and a part of an existing old county road that
merged in use with the state right of way known as old State Highway 39. There being no record
title thereto in the State's name; and
WHEREAS, due to reconstruction and relocation of said State Highway 39 sections of
above described said facility are no longer needed for State Highway purposes and are no longer
needed for use by the citizens as a road or any other state highway purposes.
WHEREAS, certain property described as Tract 1, being a 50 foot wide strip of land
containing 1.391 acres (60,598 square feet) and Tract 2, being a strip of land containing 1.008 acres
(43,925 square feet) both tracts being more particularly described by metes and bounds in Exhibits
"A", and "B" attached hereto and made a part hereof.
WHEREAS, KERR COiINTY has agreed to accept the transfer, jurisdiction and
maintenance of these Tracts 1 and 2 described by metes and bounds on attached EXHIBIT "A" and
"B", being out of and a part of an existing old county road that merged in use with state right of way
known as old State Highway 39 of which there is no record title thereto in the State's name;
IT IS, THEREFORE, REQUESTED by tl-ie Commissioners Court of Ken County, Texas,
at its regular meeting that the Texas Transportation Commission adopt and pass an appropriate
Minute Order declaring said Tracts 1 and 2 described by metes and bounds on attached EXHIBIT
"A" and "B" being out of and a part of an existing old county road that merged in use with state right
of way known as old State Highway 39, to be declared surplus to the needs of the State and remove
it from the State Highway system.
PASSED, APPROVED AND ADOPTED this day of
COUNTY COMMISSIONEBS OF KERB COUNTY, TEXAS
BY: BY:
County Judge, Kerr County Commissioner
BY: BY:
Commissioner Commissioner
BY: BY:
Commissioner Commissioner
BY: ATTEST:
Commissioner County Clerk, Kerr County
2004.