2006-04-19
Special April Meeting
Held April 19, 2006
THE STATE OF TEXAS
COUNTY OF CALHOUN
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BE IT REMEMBERED, that on this 19th day of April, A.D., 2006 there was begun and holden in
the Commissioners' Courtroom in the Memorial Medical Plaza in the City of Port Lavaca, said
County and State, at 10:00 A.M., a Jury of View Meeting.
NOTICE OF HEARING BY THE JURY OF VIEW:
By Authority of ~258.02 of the Texas Transportation Code, the Commissioners' Court of Calhoun
County, Texas has heretofore appointed a panel of ten individuals, from which a Jury of View
composed of five property owners who have no interest in the outcome of the protest to serve
on a Jury of View. This Jury of View shall determine, by a majority vote after public hearing and
an examination of the evidence, the validity of the County's Claim of the existence of a public
interest in a road which has been the subject of a written protest by a person asserting a private
right, title or interest in said road.
The determination of the Jury of View is binding upon the Commissioners' Court, and as a
consequence of the Report of the Jury of View, the Commissioners' Court shall revise the
proposed county road map prepared in conformity with Chapter 258 of the Texas Transportation
Code to conform to the Jury of View findings.
The Jury of View shall convene at 10:00 a.m. on April 19, 2006, at the Memorial Medical Plaza,
1300 N. Virginia Street, Commissioners' Courtroom, to conduct its business. Those persons who
have previously filed an objection to the County Road Map are hereby notified to attend and
present evidence to the Jury of View respecting their claim of a private right, title or interest in
the disputed road.
Bob Bass with Allison Bass spoke regarding the hearing that was going to take place in reference
to the protest on Falcon Point Road. There were only nine individuals present out of the ten that
were chosen for the panel, Judge Pfeifer administered the oath to the panel and after swearing
the panel in the five jury of view members were randomly selected. The five members elected
were Phillip E. Gonzales, Rolando Reyes, Jr., Dean Johnstone, Franklin Jurek and Rayburn
Haynie. Franklin Jurek was selected as the foreman for the jury.
Mr. Dan Cervenka and mother presented their evidence regarding the protest on Falcon Point
Road, Grid 87 of the County Road Map. Commissioner Finster handed out information he had
researched regarding this matter and also had Urban Survey go out and Survey the road. After
the case was presented to the jury it was found by a majority vote that Falcon Point Road, Grid
87 of the County Road Map be retained on the County Road Map upon satisfactory evidence as
required by Chapter 258 of the Texas Transportation Code of maintenance of said road by
Calhoun County since date prior to 1981.
Court was adjourned at 11:45 a.m.
ITEM 1................................................................... ROAD PROTEST BY D. CERVENKA
ITEM 2........... ..... .~............... ..... .................... ........... ................. .......... .... . AFFIDAVITS (3)
EXHIBIT A .. .... ................. ........... ........ ......... ...............111....... ...............1954 SURVEY
ITEM 3.................................................................. LETTER TO FALCON POINT RANCH
ITEM 4............................ .............. .......1lI................... ... .......... LETTER TO D. CERVENKA
ITEM 5.......................................................................................... RIGHT OF WAY DEED
ITEM 6..............................................................DRAWING SWAN POINT SUBDIVISION
ITEM 7........................................................... COMMISSIONER COURT MINUTES 1948
ITEM 8........................................................... COMMISSIONER COURT MINUTES 1951
ITEM 9........................................................... COMMISSIONER COURT MINUTES 1954
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REPORT OF THE JURY OF VIEW
BE IT REMEMBERED, that on the 19th day of April, 2006, 2006, a Jury of View
authorized by Chapter 258 of the Texas Transportation Code was convened and sworn in,
pursuant to public notice, at 10:00 a.m. in the Commissioners Courtroom of the Calhoun
County Courthouse, Port Lavaca, Texas.
The Jury of .view was composed of the following individuals, who were
administered the following oath:
"I do hereby swear or affirm that I will true answers give to such questions as may
be propounded to me pursuant to the provisions of Chapter 258 of the Texas
Transportation Code. I further swear or affirm that I have no specific interest in
the road identified as Falcon Point Rd, Grid 87 of the Calhoun County Road Map,
nor do I have such knowledge or familiarity with the objecting party, Dan
Cervenka, that! cannot give or render a fair verdict herein."-State "I do"
Members of the Jury of View:
1. Phillip E. Gonzales, 302 Holiday Lane #2, Port Lavaca, Tx 77979, 361~552-8808
2. Roland Reyes, Jr., 262 Clegg Road, Port Lavaca, Tx 77979,361-552-5474
3. Dean Johnstone, 129 E. Main, Port Lavaca, Tx 77979,361-552-1930
4. Franklin Jurek, 556 Jurek Road, Port Lavaca, Tx 77979,361-552-9678, Foreman
5. Rayburn Haynie,301 W. Baltimore, Seadrift, Tx 77983,361-785-5781
After hearing evidence in a public hearing, and having considered the protest of
Dan Cervenka, filed of record pertaining to Falcon Point Road, Grid 87 of the County
Road map, and in conformity with the provisions of Chapter 258 of the Texas
Transportation Code, the Jury of View has determined by a majority vote that the
identified road, Le. Falcon Point Road, Grid 87 of the County Road Map, be and the same
is hereby: (Strike one)
1. L Sustained and thereby retained on the County Road Map upon
satisfactory evidence as required by Chapter 258 of the Texas Transportation
Code of maintenance. of said road by Calhoun County since a date prior to
1981.
Or
...2. ponied, and thereby reffi6vcd from the County Road Map upon a
".- fail1Jt.e gf Calhoun COWlty to- estaLli:sh :said IU~J as a county maiRt~inp.rl road
~(,:::.Jhonn rQl1~' since a date plio! to 1981.
The following Comments are made in regard to this road for the information of the
Commissioners Court:
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A map of the road identified in this Report is attached to this Report, and incorporated
herein by reference.
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Said report being executed this 19th day of April, 2006 by the following members of
the Jury of View, VOlin: in accord jth this ~port: 0_ ..f _
1. A~ 2~ . t\r--- ~.
4. t!b.~~'
Attest:
County Clerk,
Calhoun County, Texas
Ex Officio Clerk, Jury of View
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IN THE COMMISSIONERS COURT
OF
CALHOUN COUNTY, TEXAS
ORDER APPOINTING MEMBERS OF JURY OF VIEW PANEL
PURSUANT TO CHAPTER 258, TEXAS TRANSPORTATION CODE
The Commissioners Court of Calhoun County, Texas, acting in confOlmity with the
provisions of Chapter 258 of the Texas Transportation Code, conducted a public hearing on
2/23/2006, after due notice, to receive objections to a proposed County Road Map.
Having received objections to the proposed County Road Map, the Commissioners Comi
is required by statute to appoint residents of Calhoun County to serve on a Jury of View as
provided by 9258.002(b), Texas Transportation Code. In confonnity with this statutory duty,
each member of the Commissioners Court has nominated two individuals from their respective
jurisdictions to serve as prospective Jury of View members, as follows:
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Precinct 1 :
~ame: Phillip E. Gonzales
Address: 302 Holiday Lane 112 Port Lavaea
Phone: 361-552-8808 77979
Name: Arthur Pina
'Address: 2001 Vail Port Lavaea 77979
Phone: 361-318-8085
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Precinct 2:
/N
ame: . Rolando Reyes Jr.
~ Address: 262 Clegg; RoadPort Lavaea
Phone: 361-552-5474/552-7993
/Name: George Elder
77979 Address: 1749 School Ro.::!n
Phone: 101-'1'17-'1'1'19
Pn~t LaVae8877979
Precinct 3:
-1Jame: Dean Johnstone
77979Address: 129 E . Main Port Lavaean77979
Phone: 361-552-1930
:5
1-.Jame: Bernardo Garcia
Address: 114 Holiday Lane Port Lavaea
Phone: 361-552-3342
Precinct 4:
~i'llne: Jerry Weaver
Address: P.O. Box 682 Seadrift 77983
Phone: 361-785-3354
vName: Nathan Wooldridge
Address: 897 C'emete:r'Y Rd. Seadrift 77983
Phone: 361-785-4061
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County Judge:
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.~Nan1e: Franklin Jurek
Address: 556 Jurek Road
Phone: 361-552-9678
Port Lavaca
~ame:
77979 Address:
Phone:
Rayburn HayniE>
301 W. Baltimore Seadrift
361-785-5781
77983 S
The Jury of View Panel will repOli for service at 10:00 a.m. on 4/19/2006 at the
Commissioners Comiroom, Calhoun County Courthouse.
An Oath will be administered to the Jury of View panel, and a list ofthe protests received
at the Public Hearing will be armounced, identifying both the protesting party, and the road in
dispute. Any member of the Jury of View Panel who has an interest in the road, or who does not
believe that they car1 render fair and impartial service on the issues coming before the Jury of
View will be disqualified. From the remaining panel, five members of the Jury of View will be
selected at random by drawing slips bearing the words "Jury of View Member). This process
will be used to insure that no member of the Jury of View has an interest in the outcome of any
protest coming before the Jury of View.
Members of the panel will be compensated in the manner provided by law for jury duty
in other cases.
Date: March 23, 2006
'-yYIt. vlJ#, W
Calhoun Count Judge
Attest:
Ww
~
ommissioners Court
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Pursuant to Article 258,0b2(b) of the Texas Transportation Code, "A commissioners court that proposes a I
county road map under this section shall hold a public meeting at which a person asserting a private right, 11
title, or interest in a road in which the county has claimed the existence of a public interest may appear ,
before the commissioners court to protest the county's claim. A person asserting a private right, title, or :
interest in a road may also file a written protest with the county judge at any time before the public .
meeting. "
PROTEST OF ROAD DEPICTED
ON COUNTY ROAD MAP
The Calhoun County COlhmissioners Court has scheduled a public meeting on this matter for 2/23/2006,
at lO:OO a.m. in the Cominissioners Courtroom, Calhoun County Courthouse. You may protest a road in
I ,',
person, or in writing, by tlie use of this form. . .
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Name: /)9/1./
('e-R..I/ ~.')v It '-7
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Address: S~V4v a/..~..j /?c/
City: S;)4<:~i//
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State: / X
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Zip:
Phone: 2.. J 0 -. ;;/7'9'--2 C'-) 9;
I wish to protest the inclusion of the followiI?-g road identified as: l-~ J,~6 '.F /,,e' / , in the County
Road Map. This road is depicted on page 8 07 of the County Road Map.
The basis of my protest is as follows:
/l,..6,.)...>-t.",'1 /31/1''''/'''1>'('':; .1-,{ 8-1''','JN->""J..J-
. " 1- -",). I,; ." I /lA,' "1.1 I/J l.~ d ~':f ~.. -4,-. i
V./..,~ ': =. ...if ., -- 7- ,_. /
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,(J. f::J .'-1 ....4. ' 10
be,,,,, c>?'
Additionally, I am attaching a copy of the page depicting this road from the County Road Map, and have
marked that map to reflect my objection.
I (check one):
[ ] Request an opportunity to addr~ss th~ Commissioners Court on this matter.
[] Submit my protest by way of thIS wntten form.
Whether you use the written form, appear before the C~~issioners Court personally, or both, your
protest will be taken up for consideration by the CommIssIOners Court. ,
Date:
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Signature
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AFFIDAVIT OF 'UOrv.dJ Will itUilS
(Resident)
STATE OF TEXAS
9
9
KNOW ALL PERSONS BY THESE PRESENTS:
9
CALHOUN COUNTY
BEFORE ME, the undersigned authority, on this date personally appeared
1YoritJd \\1 i lllCtlYtS , who upon their oath stated as follows:
''My name is ~ I am in excess of eighteen years of age, of sound
mind, afid competent to make this affidavit. I have personal knowledge of the matters stated in
this affidavit, and all such matters are true and correct to my personal knowledge.
My address is f3t:>')t &:;5"0 I SEIl/::}RIFr 7Z. I have personal knowledge of the
Calhoun County Road known as \to ~em \fa I fit \\o1d
dating
back
to
fiI~L,/ 5& ~
I have routinely observed county equipment, operated by men I
knew to be Calhoun County employees, engaged in road maintenance on the road now known as
\=0 \eof\ ~i(\tPm.L, including maintenance of the drainage ditches and the culverts
,
necessary for proper drainage of the road in question.
To my. personal knowledge, the Calhoun County Road known as
in its present location has been maintained by Calhoun CoUJity since
C/1 l> f
c:..-nR L Y ':>.5
Calhoun County has maintained both the traveled portion of the roadway,
which is approximately -L feet in width, but also the maintenance easement, which is
approximately ~feet on either side of the roadway, for a total of approximately
'JE-
t
feet in width.
Calhoun County has maintained drainage ditches to keep the road properly drained, and
in addition, there are county installed culverts passing under the road to transmit water from the
road. Without proper maintenance of the drainage ditches which keep the road free of water, the
road would at times be impassable, and over time, the entire road would be lost. County
maintenance of this road is critical to the long term use and enjoyment ofthe public.
-* '2ee (t,{tuJvd SunteL1'- I=xh i h ; .~ ,~
The Calhoun County known as ~ \tOO, Q) 'I (\t~M A. is a well defined road with well
defined boundaries on either side. The entire maintenance area, including both the road bed and
the maintenance easement for the road, is readily apparent to the eye. The road maintenance
easement includes the area occupied by the roadbed itself, but also that area used by the County
to maintain the road, including the area that is mowed to maintain sight-lines, drainage of the
road by ditches or berms, and the area necessary to turn maintenance equipment. This area is
necessary for proper road maintenance, and during the more than :5 {} '/ f( =-;.
years of my
knowledge of this Calhoun County Road, the maintenance area in question has been generally as
it. appears today, with the County maintaining both the road bed as well as the area necessary for
road maintenance.
1~a.2cL vJ~ ~.
Name: .
SUBSCRIBED AND SWORN before me, to witness which my hand and seal are hereby
attached this~day of ~r: t .,2006.
-----~y'PU"\\1
/o'\";,-~(/lll PAULA MONCRIEF
'''/*'".011 '
f. . ( '\ , \ NOTARY PUBliC,
\ \. '/ 1 STATE OF TEXAS
'11"t)<~..........._........~~c,.f My Commission Exp. fvlar. 13.2008
l,\\\~~,~~,~:___,: .
NOTARY PUBLIC, STATE OFT S ('
PRINTED NAME: fhula.. rY\o f et-
COMMISSION EXPIRES: ~- , 3~b~
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AFFIDAVIT OF
STATE OF TEXAS
(Resident)
9
9
KNOW ALL PERSONS BY THESE PRESENTS:
9
CALHOUN COUNTY
BEFORE ME, the undersigned
In\\y 'vJ~fYi hdw
authority, on this date personally appeared
"My name is ,
, who upon their oath stated as follows:
,. . ~n excess of eighteen years of age, of SOlind
mind, afid competent to make this affidavit. I have personal knowledge of the matters stated in
this affidavit, and all such matters are true and correct to my personal knowledge.
My address is :)3 ~ )~\I'o~..J ~'\3e.....
of the
Calhoun County Road known as
dating back to
V\S~
I have routinely observed county equipment, operated by men I
knew t6 be Calhoun County employees, engaged in road maintenance on the road now known as
\il,~t(\ ~y~ [\ , including maintenance of the drainage ditches and the culverts
necessary for proper drainage of the road in question.
To
my personal knowledge, the Calhoun County Road known as
t in its present location has been maintained by Calhoun County since
Q~~
'\ . .
. Calhoun County has maintained both the traveled portion of the roadway,
which is apptoximately ~ feet in width, but also the maintenance easement, which is
approximately ~feet on either side of the roadway, for a total of approximately *
feet in width.
Calhoun County has maintained drainage ditches to keep thy road properly drained, and
in addition, there are county installed culverts passing under the road to transmit water from the
road. Without proper maintenance of the drainage ditches which keep the road free of water, the
road would at times be impassable, and over time, the entire road would be lost. County
maintenance of this road is critical to the long term use and enjoyment ofthe public.
".,*- S ee GLM-6\.(J~-el- SlJirve,U\ -- }5;z h-t\)i t {\-
The Calhoun County known as S\ C.cf\ ? 0\ Iff .HaJ.is a well defined road with well
defined boundaries on either side. The entire maintenance area, including both the road bed and
the maintenance easement for the road, is readily apparent to the eye. The road maintenance
easement includes the area occupied by the roadbed itself, but also that area used by the County
to maintain the road, including the area that is mowed to maintain sight-lines, drainage of the
road by ditches or berms, and the area necessary to turn maintenance equipment. This area is
necessary for proper road maintenance, and during the more than t5 ~
years of my
knowledge of this Calhoun County Road, the maintenance area in question has been generally as
it appears today, with the County maintaining both the road bed as well as the area necessary for
road maintenance.
~~~~ ~ \'\~
Name: . ~ ....
SUBSCRIBED AND SWORN before me, to witness which my hand and seal are hereby
attached this ~ day of ~ ., 2006.
,...,_........"""'\
h~~~~-~~~~~\ PAULA MONCRIEF
~ * (...db ) * ~ . NOTARY PUBLIC.
, \ ~ / f SHTE OF TEXAS
"Il:'>~>....;~" E My Commission Exp. Ml'113, 2008
"\\\~...~~,,~~--_..:"
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OTARYPUBLIC,ATAT;EOFTE. s. r
RJNTEDNAME: \~ f'Y\lfVlO'I e\
OMMISSIONEXPIRES: 'D-~ ~-9.OD<6
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Affidavit for former Commissioner or Road Crew members:
STATE OF TEXAS
9
9
KNOW ALL PERSONS BY THESE PRESENTS:
S
CALHOUN COUNTY
BEFORE ME, the undersigned authority, on this date personally appeared
OSftlf -tin/hn , who upon their oath stated as follows:
"My name is OQ{!ttr -Mf\ . I am in excess of eighteen years of age, of sound
mind, and competent to make this affidavit. I have personal knowledge of the matters stated in
this affidavit, and all such matters are true and correct to my personal knowledge.
My address i0'~~~-- eP lei 5qd,/{/ f/tt~. I have personal knowledge of the
Pt>..-t N"U4:I'A: "~ 7iJr1' 1<w
Calhoun Comity Road known as \--{l ',on i (It .. d.. dating back to
/9~3
_C(J~\l'<\l~'1 DOer
Between 19 f.3 and ;? ff I served as
for Precinct -i of Calhoun County. In this capacity, it was my
responsibility to maintain roads in my precinct. I can state with personal knowledge that the
Calhoun County Road now known as ~~J)f\ Roin} Rcwd was regularly and routinely
maintained by Calhoun County, and in this process we used county equipment, operated by men
employed by Calhoun Comity to conduct this road maintenance. Maintenance of this road
included not only work on the traveled portion of the road itself, but maintenance of the drainage
ditches and the culverts necessary for proper drainage of the road in question, mowing the right
of way to maintain clear sight-lines of corners and along the length of the road, and to remove-.
debris and other ordinary maintenance necessary for a safe and suitable road.
To my personal knowledge, the Calhoun County Road known as
t=dJCi)[\ ?([)l n+ ~in its present location has been maintained by Calhoun County since
1975
. Calhoun County has maintained both the traveled portion of the roadway,
which is approximately L feet in width, but also the maintenance easement, which is
.} See cci+tlchel SLL(vtlj.- &hlb'll r\
approximately 1 feet on either side of the roadway, for a total of approximately -tfeet in
width.
Calhoun County has maintained drainage ditches to keep the road properly drained, and
in addition, there are county installed culverts passing under the road to transmit water from the
road. Without proper maintenance of the drainage ditches which keep the road free of water, the
road would a.t times be impassable, and over time, the entire road would be lost. County
maintenance of this roadis critical to the long term use and enjoYment ofthe public.
The Calhoun County Road known as ~iS a well defined road with
well defined boundaries on either side. The entire maintenance area, including both the road bed
and the maintenance easement for the road, is readily apparent to the eye. The road maintenance
easement includes the area occupied by the roadbed itself, but also that area used by the County
to maintain the road, including the .area that is mowed to maintain sight-lines, drainage of the
road by ditches ()rberms, and the area necessary to turn maintenance equipment. This area is
necessary for prdper road maintenance, and during the more than ;aL yeats of my knowledge
of this Calhoun County Road, the maintenance area in question has been generally as it appears
today, with the County maintaining both the road bed as well as the area necessary for road
maintenance.
~L7A/ J ~.eL--
ame: . .
SUBSCRIBED AND SWORN
attached this 2 day of
~~~OG ., ~~~~\ eODIE.e. BUEHRING
.f~ '\ \ Notary Public
"". ;*j State of Texas
~~~. ~';;/ My Commission Expires
"~_.., September 12, 2008
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Mlichael J. Pfeifer Calhoun County Judge
21] South Ann Street - Port Lavaca, Texas 77979
(361) 553-4600 - Fax (361) 553-4444 - Email: calhoun@tisd.net
March 24, 2006
~COpy
Falcon Point Ranch
Attn: William Ball
P.O. Box 792
Seadrift TX 77983
Re: Jury of View Hearing; H.B. 1117
Swan Point Road
Dear Mr. Ball,
A Jury of View shall convene at 10:00 a.m. on the 19th of April, 2006 at the Calhoun
County Courthouse, Commissioners' Courtroom. The dispute concerns the public nature
of Swan Point Road, Grid 87 of the proposed Calhoun County Road Map.
You are being notified as a landowner who may be affected by the outcome of the Jury of
View. This is an open, public meeting, at which the public has a right to attend.
The determination of the Jury of View is binding upon the Commissioners' Court, and as
a consequence of the Report of the Jury of View, the Commissioners' Court shall revise
the proposed county road map prepared in conformity with Chapter 258 of the Texas
Transportation Code to conform to the Jury of View findings.
Should you have any questions concerning this matter, please do not hesitate to contact
either my office or Commissioner Finster.
Sincerely yours,
\~~
Michael J. Pfeifer
Calhoun County Judge
CC: Robert T. Bass, Allison Bass & Associates, L.L.P.
ROBERT T. BASS
r.bass@allisoll-b,ISS.COIll
ALLISON, BASS & ASSOCIATES, L.L.P.
cPuO/U.~, <vi: ~(I.
A. O. WATSON HOUSE
402 WEST 12T11 STREET
AUSTIN, TEXAS 78701
law@allisoll-bass.colII
(512) 482-0701
FAX (512) 480-0902
RECEIVED
MAR 2 2 2006
VANESSA A. GONZALEZ
. \'.gonz:llcz@;lllison.hass.coll1
JAMES P. ALLISON
j.a lIiso lI@allisoll-bass.cOIl1
PORTIA F. BOSSE
p.hossc@allison-bass.col11
March 20, 2006 n
Dan Cervenka
Swan Point Rd
Seadrift, Tx 77983
Re: Jury of View Hearing; H.B. 1 lIT
To Whom It May Concern:
NOTICE OF HEARING BY THE JURY OF VIEW
By Authority of S258.002 of the Texas Transportation Code, the Commissioners Court of
Calhoun County, Texas has heretofore appointed ten individuals, from which number a Jury of
View composed of five propeliy owners who have no interest in the outcome of the protest to
certain Calhoun County roads shall serve. This Jury of View shall detennine, by a majority vote
after public hearing and an examination of the evidence, the validity of the County's claim of the
existence of a public interest in a road which has' been the subject of a written protest by a person
asserting a private right, title or interest in said 'road. The detennination of the Jury of View is
binding upon the Commissioners Court, and as a consequence of the Report of the Jury of View,
the Commissioners Court shall revise the proposed county road map prepared in conformity with
Chapter 258 of the Texas TranspOliation Code to confoml to the Jury of View findings.
The Jury of View shall convene at 10:00 a.m. on the 19th day of April, 2006, at the
Calhoun County Courthouse, Commissioners Courtroom, to conduct its business. Those persons
who have previously filed an objection to the Coimty Road Map are hereby notified to attend and
present evidence to the Jury of View respecting their claim of a private right, title or interest in
the disputed road.
As a person who has filed a protest to a road depicted in the proposed County Road Map,
you are entitled to appear on the date and time set forth in this Notice, and to present evidence to
the Jury of View regarding your claim. The hearing will be conducted in an orderly manner, as
follows:
1. The County, having the burden of proof, will present it's evidence regarding the
road in dispute. This evidence' may be composed of documents, affidavits,
photographs or .other forms of oral or written evidence.
2. You will be given an opportunity to present your evidence, which shall also be in
either written or oral form. .
3. The County will be given an opportunity to rebut, since it has the burden of proof.
4. There is no presiding officer, as sllch, to rule on the admissibility of evidence, so
no fornlal rules of legal evidence will be followed.
5. Time is limited, so you should be prepared to present your evidence in clear and
organized form. Generally, presentations should take no longer than 15 minutes
per side.
6. S258.002(b) of the Texas Transportation Code, provides that "A county has a
valid claim of the existence of a public interest in a road if it provides written
records or other information docllmenting the county's continuous maintenance of
the road beginning before September 1, 1981." The Jury of View will be asked
to answer this question regarding each road in dispute. An affinnative answer
will result in the road being retained in the proposed County Road Map. A
negative answer will result in the road being removed from the proposed County
Road Map, and county maintenance of the road being discontinued.
Sincerely,
Robert T. Bass
RTB/slc
cc: Calhoun County Commissioner's Court
..
i _ :;:;'i -,
't
CALHOUN
M. CAMPOS
COUNTY9 TEXAS
ABSTRACT 4
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LEGEND
L
~~I
LOCATION OF COUNTY ROAD BASED
ON PLAT PREPARED BY LOCKWOOD &
ANDREWS DATED JULY 28TH. 1954,
l~ ~ ~ ~ ~ ACTUAL LOCATION OF COUNTY ROAD
EXHIBIT
usi
URBAN
SURVEY I NG. INC.
VICTORIA. TEXAS
1361) 518-9831
SCALE: " = 100'
JOB NO. 515'50
,
<If ; - _ 1':;"'>-.J'
CALHOUN
M. CAMPOS
COUNTY9 TEXAS
GRANT. ABSTRACT 4
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LEGEND
~ _ _ _...J
LOCATION OF COUNTY ROAD BASED
ON PLAT PREPARED BY LOCKWOOD &
ANDREWS DATED JULY 28TH. 1954.
.-----
l\ \ \ \ ~ ACTUAL LOCATION OF COUNTY ROAD
EXHIBIT
lEi
URBAN
SURVEYING. INC.
VICTORI A. TEXAS
(361) 578-9837
SCALE: I' = 100'
JOB NO. 515150
Calhoun County, Texas
78 Scale 1 in = 2000 ft
I .' . _....,(.~_.____..__......~__..____~_,__.___~........~_,,_..____ o..~~~ ...-...L..~,.;.~i'__"'-II. .
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County Maintained Road
Other Road
Grid Line
---
NORTH.
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Allison, Bass & Assoc.
512-482-0701
R.Bass@AUison-Bass.com
95
21-Nov-2005
Map#
87
Numbers Along Margins reflect
Page # of Adjacent Map Grids
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DgED .OF COlTVEYAN CE
'I' ~ M. BENNETT . 'IO CALHOIDf com: 'lY
mGHT OF WAY DEED
FILE #47683
THE S~ TE OF TEXAS I
COUNTY 0 F CALHOUN t
That I, T. M. Bennatt, fo~ and in consideration of the sum of 9ne and No/IOO Dollars
KNOW ALL MEt~ BY THESE PRESElfTS:
and othe~ valuable considerations, to me in hand paid by Calhoun County, ~ecaiptof which is
hElreby aclmov1ledged, have this day sold, and by these presents do Sell, Grant and Convey unto
the County of Calhoun, all that certain trl?-ct or paroel of land, situated in the County of
\,,""'" Calhoun, State of Texas, and being part of the M. Campos original Grant, containing 5.00 acres
~.
ot' land more particularly desc~ibed by metes and bounds a s follows:
BEGINNDIG at the N. E. corner of the Brown 20 acre traot, which is also an interio~
corner of traot .sold by C. H. Stiernberg to 'I'. M. Bennett, and \1hich said corner isN. 46 deg.
30 min. W., 1456 feet and S. 44 deg. ~. 2332 feet rrom the original S. W. corner or the A. L.
"""'""""",,
B:r'oV/l1 tract;
~rCE S. 44 deg. W. a distance of 995.5 reet to another interio~ corner or tract sold
by C. H. Stiernberg to T. M. Bennett;
THENCE S. 58 deg. 15 min. E. with Boundary line of Brov/l1 20 acre tract a distance or
964.3 feet to a gun barrel driven in the ground marking the. extreme B. E.coma~ of tract sold
by C. H. Stiernberg to T. Iii. Bennett;
~mNCE with the Welder Ranch property line S. 32 deg. 30 min. West a distance of 2268
rect,.more or less, to the shore line or San Antonio Bay;
THENCE with shore line. or San Antonio Bay 1n a Northerly direction a distance or
.approx1mately 100 reet to a st~{e;
~~CE N. 69 deg. 55 min. E. a distance of 350 reet, more or less, to a stake set 40
re1t N. 88 deg. 30 min. \'1. rrom Welder Fence corner;
THENCE N. 32 deg. 30 mono E. a distance or 1766 reet to a stake;
THnTCE N. 58 dog. 15 min. W. a distance or 944.3 reet to a stake;
THEHCE N. 44 deg. E. a distance or 1015.5 feet to the East boundary line or the pro-
perty bought by Bennett from Stiernberg;
THENCE with Boundary line of said Bennett traot S. 58 deg. 15 min.,E. a distance or 20
feet to the place or BEGINNING.
IT IS mmERSTOOD AND AGREED that none or the mineral interest in or under the above
I
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~,~
described Road right-or-vmy is conveyed herein.
'ro HAVE AnD TO HOLD the above described premises together with all and sinBular the
rights and appurtenances thereto in an~vise belonBing unto the said County of Calhoun.
WI'I!mSS MY HAND, This 28 day of June, A. D. 1954.
,.
T. lrf. Btlnnett- - - '-. - 4'_
T. M. Bennett
THE STA'IE OF 'IEXAS., I
COUHTY OF CALHOUN I
,...-...-
BEFORE ~E, the undersigned authority, a Notary PUblic, in and for Calhoun County, on
~.. this day personally appeared T. fir.. Bennott, knor/l1 to me to be the person whose name is sub-,
s~ribed to the foregoing inst~ument and acknowledged to me that he executed the same for the
purpose and consideration therein expressed.
GIVEtI IDlDER MY HArm AND SEAL OF OFFICE, Thi s 28 day or June, A. D. ~. 1954.
R. A. Barton
(L. S.)
Notary Public in and for Calhoun County, Texas.
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THE STATE OF TEXAS
COUNTY OF CALHOUN
Whereas from time to time various land owners have pllated and subdivided various tracts
of land in Calhoun County, Texas, dedicating to the public certain roads and right of ways,
some of which have been formerly opened and accepted and maintained by the county and that
others are not opened and closed to public passage; and the court is without sufficient
definite information as to the legal rights of the public and of the rights of owners of
property in regard to the opening and or closing of such roadways; Therefore
Be it resolved by the Commissinoers' Court of Calhoun County, Tex~s;
That the Court employ R.A. Barton, its county Attprney, to make special investigation of:~
the law in regard thereto and make due report to the court of the results of his investiga-
~
tion, and to be approved by the court.
---- "'-.~.::,:,,_~ - -- ---- --- ----/\1 ;', (..~:J
9th , November, 1948
THE STATE OF TEXAS
CALHOUN
aI'ld carrililii UD!l,n.1m_~1.l>91y"r tliat upon r~cei:fJt of, a petFnontte:t"6d
1li~:t19.48~tTSeadrH~Texas~glleg oy [.H:~ BI'Ovlp !l,l'lq ~n.l'!',ty nine ofllers reque-sting a
'ilroadlfr,omlth~OYd'set"tremen t~dlt olatp_olEt;IQ11IS_~!!I;n toniOJiUty.commonly*-knoM'l.a-s--'Cowa-~'
rbr.lMa'da~in!?~andIiflbe iilltlie.opliYi~()nIQflEb~(:()mmr'ssloner.s~:c~urt..tha-t.suchII'Oa-dy
f5U~o:erofjgen-eralltjubiTiCI15e n eTn~Cl~aranceJiBar ton~G()m!11irs::sToner.B:of..P real-nc t.N9,. ._4~is.,
Ine rLa l:ly~au th"'1#rcz*d It 0"10 Q ti'ii11tJj~I mo"StTapp ropri~t~Tr ilglit.waYlfoJ:'.IP'!'~o Slfdlcounty,Ro a d .cLt,?d
l[1:ioyeJ!ll'. ,
,,'
Alton w. 1t~hite
Coun ty Judge-
...,,,,;.
THE STA'TE OF' TEXAS
COUN TY OF CALHOUN
Motion made, seconded, and carri,ed unanimously that approximately 600 :J,ots Gwnad by
Calhoun County in the Bayside Beach Subdivision and its additions be offered for sale as
a group by public auction ,under the provisions of Section 9 , Article 7345b.
Alton I>i'. White
County Judge
SPECIAL NOV.EMBER TERM, 1~48, A.D.
HEDD NOVEMBER 29th, 1948
,THE STA'rE OF TEXAS
COUNTY OF CALHOUN
>>
t
~
'\
BE IT REMEMBERED, That on this the 29th day of Nov. A.D. 1948, there was begun an
holden at the Court House in the City of Port Lavaca,' said County and state a SIECIAL
Nov. Term of the Commissioners' Court within and for said county and State there were Pre,s~
on this day the following members of the Court to-wit:
Alton W. White
i
C.J. Thomson
.County Judge
.County Clerk
Frank E. Wedig. . . .Commissioner Bt
R.F. Kemper. .. . Commissioner pt
L,ouie B. Griffith . commissionerP~
Cla.rence Barton; ._commLssioner Pli
THE STATE OF TEXAS -t
~
COUN TY OF CALHOUN ..
'r.
.""::~,
)~
j~
JIlbtt-onpmade, seconded, and carried unanimously that D.K. strait be appointed .Justice
T,h" p"""" of Precinct No.1 to fill the unexpired term of Ben F. 'Carter~ deceased.
356
Totaling 11,61).0.0 feet in length (705.1).55 Rods) all in the E. Cantu League, A-6,
Calhoun County, Texas.
Provided, however, that this grant of easement and right-of-way is made upon the co
dition that the said LAVACA PIPE LINE COMPANY, its successors and assigns, shall construct
such pipe line so that it shall not impede traffic 'or the maintenance of said roadway and
that such road will be promptly restored to :I,ts former condition of usefulness, anct that sai
,.,,~t.~
easement and right-of-way shall be for the purposes above set forth and for no other purpose
TO HAVE AND TO HOLD said easement and right-of-way under, through and across said
public road unto said LAVACA PIPE LINE COMPANY, its succeSRors and assigns, QI;! long as the
sam,e is used for the purposes hereinabove set forth.
IN WITNESS WHEREOF I Have hereunto subscribed my name and affixed my seal of office
this 12th day of November, A.D. 1951.
Howard G. Hartzog
Howard G. Hartzog, County Judge of
Calhoun County, Texas.
THE STATE OF TEXAS
COUNTY OF CALHOUN
BEFORE ME, the undersigned, a Notary Public in and f or said County and State, on
this day personally appeared Howard G. Hartzog, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this
._ day of
1951.
C. J. Thomson, County Clerk in and
for Ca~houn County, T E X AS.
- - - - - - - - - - - - - -
COUNTY TREASURER OCTOBER 1951 REPORT APPROVED
I~ ~
On this the n:th day of ~.','A.D. 1951, at a Regular Term of the Commissioners'
Court of Calhoun County, Texas, all members of the Court being present Miss Mary Stephens
presented to the Court her report for the month of October A.D. 1951, and it having been
read in open court and the fourt having duly considered the same together with the exhibits
accompanying it, and having compared the balances shown in the various accounts with those
reported by the Court Depository, and finding said report to be correct. Therefore on
motion made by Commissioner Barton and seconded by Commissioner Kempe~, it is ordered thatc
the C~unty;...Tl?,e,a'8U:rers 1 0 eto bar report be and 1 t 1 s here-by approved. ,.~~)
- - - - - - - - - - - - - - - - - - - - -
'-ollItnirsJj;g~I!~~y"oTINo.VemberZA':'D-:W1951~atla'Regul:8rJTermIClf~tl1eTCc3iiiiiii'BSfoii.ers I
of Cll:l-houn Gounty.,T.exas"all members of the' C~}ir.t'll:ieinglpr.esen~ONrrno:no!il~ade by
(FranK KemIl.er ahd seconde-d by Frank Wedi-g andUnlinimOtisTY-4.carri'e"cl1l:c~irssTonerJc~ce
[Biir:tonbasIau th"'O'Firze"d W't:i.ls eCUI'e ...~m.rgh't C6 f.waYAfor.IiiJ4:0.l'fo o.qro:aeflfNml.th6l9.I'4[Seadr'i ft
S6':t-t1'ement'bQa"<iltOJ~An toniOTEla!lat..the:J.Old.Madden..Landing~
- - - - - - - - - - - - - - - - - - - -
JOINT MEETING WITH P.M.A. BOARD
On this the 13th day of November A.D. 1951, at a Regular Term of the Commissioners'
Court of Calhoun County, Texas, all members of the Court being present, a joint meeting
with the P.M.A. board Game on to be heard. The P.M.A. board presented the request of the
U. S. AlZri cul ture DeDartment for suffi n1.ent. nff1 ",. AnA"" t.n I".nmh1 nA All WAnA....l ^ ~"n..i "0
in
on
KemI
the
1fie
act,
acc(
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cen'
the:
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add
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16
REGULAR JULY TERM
HELD JULY 12: and 13. 1954 -
THE STATE OF TEXAS
COUNTY OF CALHOUN
BE IT REMEMBEREP. that orl- this the 12th. and 13th days of July. 1954. there was begun and
holden at the Courthouse in the City of Port Lavaca. said County and State a Regular .Term of the
Commissioners' Court within and for said County and St ate, there were present on thesed!i7s the
following members of the Court, to-wit:.
Howard G. Hartzog, County Judge
Frank E. Wedig. Commissioner Pl'. 1
Maurice G. Wood. County Clerk
L. B. Griffith, Commission~r Pl'. 3
Clarence Barton, Commissioner fl'. 4
R. F. Kemper, Commissioner Pl'. 2
WHEREUPON THE FOLLOWING ORDERS WERE MADE AND ENTERED BY SAID COURT, TO-WIT::
TREASURER'S REPORT FOR JUNE APPROVED
on this the 12th day of July, 1954, at a Regular Term of the Commissioners' Court of Calho
County, Texas, with all members of the Court being present, Miss Mary Stephens, County Treasurer
presented her report of the month of June, and it having been read in open Court and the 'Court
having duly considered the same together with the exhibits accompanying same, and haVing the
compared in the various accounts with those reported by the County Depository and fi~d,:"
Report to be correct, on motion duly made, seconded and carried, the County Tl'eas1;U'er's
Report for the month of June, 1954 be and the same. is ordered approved.
TAX ASSESSOR AND COLLECTOR REPORT FOR JUNE APPROVED
At a Regular Term of the Commissioners' Court of Calhoun County, Texas, held on the 12th da
June, 1954, in the City of Port Lavaca, all members of the Court being present on that day,
Mrs. C. B. Guidry, Deputy, presented the Tax Assessor-Collectors Report for the month of June,
together with the tax receipts and other receipts accompanying same, and finding said report to
be correct and in due form. The annual report was also presented at this time. Thereupon on
motion duly made, seconded and carried. it is ordered that the Tax Assessor-Collectors Report
tor the month of June and the Annual Report be md they are hereby approved.
MADDEN LANDING ROAD
1Q.1i{i; l:ii'SIth6J.12tJ:ifdaYI~ ~ult~954'i'1:atIa.IR e gular.lT-erm~rltlie1Coi1ini1'S'S1:ener s'.O ourtlP'OfICal!:@"'
c~untY3'l'e~s,1l~wj.t~11Jiii6iilbersrotlltlieIC our.tIbeinglpr,esent i~Count:YL4t;1;Cli'neY;WR'A~B~t:@~por:t-:-
~h~'.l'_3M:tBennet"t.land'i:P:I~:i1EiJM~(t@I11POsJO~g+nalJGrantIonTSanrAnt<?n.j;()Jf3-aY:~TheIdeiidIw:aSIqr~~ eO.
1'H'6d-for - reoord-t ogetner di'tti an - agreement "bY1'1'.':.}I:WBenn~t;t"'aria.1;ne .S-tU8.X'j;..~r\l:_s!aC(lIlu:)apy..'"
Junewi8"'1954l'
f Tot heJCommiss i-onElrsICour,tl[qa!.h~ilIC2).U:ltY;'JTej(~SJ1
( Gentrenren:;)
C:OUlwiTlt[lEl as elbe JadV'ls eO. ,tha twI Wha ve ithiB~day.rs]:gned'alfdeed"ln~your -1'a VOl' "c overing. a Lo ert
--i velacre..tractTOfJl'ii.'iid'1ii'1[th61M~C iunpos'lOr.igina:lI1Gi'iUii~C ainoUn~T exaBj.litl1;>~iIi.g(und-erst'
~ t'n8.'t'f[iiI'd1.t ractlislto Ib e lus'~dl oy}.Cli.IhounIC ount Y. j .Texas afs>r ~r oad(purp 0 s e s ;wand "the: t"'no"IiUneraltE
ere.conveyedIinlt~~deed'~if1
tI'tner~..15l~ggeeJ:andIdolhereb-11'a.-oc~p~t l:1EllsumlO.t:lSiXJ.Hundred.(-~i;'600~OO).and"no"!.fOOJiI9l-l@!l~n
I ~1.1"8.l'lCl. ffiiialfs en 1 e:ii1EintIcll'l.t he.value,ofillt he jfl:nd-p. and...the IdamageJKc::c:r~1lg (!; hel:~e1:. 6.1!Il. \!;llEl.r61Tow
l iIlglprop()Ptlon~to\wl(i_
. TJi.~s1Jl.1lEI'.Ls~_v.ant y;fi ~:.<<.( $j~. ~)landlno{1;..o-9jD.onarsIP'6r"acre'for-.t'iie'riaINni~lCetA!alU!~d
.'J,'qEl~~lodF~ffifJ veI(Y:5,':O.q)J.a.ndlnol.J;00:lD01-l~rs.per.io:acreJl1'or.theadamages ....,
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