NO. 6522 Ida ds to ;>z::_e Oder ~:c. Gn raEa 3~:1
PETITION FOR r;t~]IGHPORHOOD ROAD FOR CHARLES RAND OPAL JOYCE RODGERS IN COMPLIAI`CE
:'PITH ARTICLE 6711 OF TAE 1925 REVISED CIVIL STATUPES OF TAE STATE OF TEXAS,
PLEA IN ABATEMENT AND ORIGIPIAL ANS6VER OF DEFENDANTS
In the TRatter of an Appl'_cation
for a Neighborhood Fuhlic Road
Filed by Charles R. Rodgers and
wife, Opal Joyce Rodgers.
In the Commissioners
Court of Kerr County,
Texas.
On this the 8th day of March, 1954, came on to be heard the application of Charles R, Rod-
gars and wife, Opal Joyce Rodgers, for the establisYunent of a neighborhood public rued over
property otivned by J, F, Duke and vrife, Susie Duke, C,C.Dowdy, Kyle Dowdy and J. E. Dowdy, which
said lands are situated in Kerr County, Texas, and the petitioners, Charles R. Rodgers and wife,
Opal Joyce Rodgers, appeared in per.:on and through their attorney of record, L. W, Pollard, and
the said G, C. Dowdy appeared in person and filed a Waiver herein, waiving service as required
by Article 6711 of the 1925 Revised Civil Statutes and the Amendments thereto, and the said
Kyle Dowdy and J, E. Dowdy also filed their PJaiver herein as required by Article 6711 of the
1925 Revised Civil Statutes and the Amendments thereto, properly sworn to, and all parties in-
...r volved in said matter were before the Court, either in person or by their sworn Waiver and an-
swer therein, and all parties announced ready for trial;
And it further appearing to the Court that the defendants, J, F. Duke and wife, Susie Duke,
duly filed their plea in abatement to the petition filed herein by the petiticners and plain-
tiffs, Charles R, Rodgers and ~.vife, Opol Joyce Rodgers, and this Court, after considering the
same, overruled said plea in abatement, to which the defendants, J. F. Duke and avife, Susie Duke,
then and there in open Court excepted;
And it further appearing to the Court that the defendants, J. F, Duke and wife, Susie Duke,
urged an exception to the application of the petition of pl~iutiffs, Charles R. Rodgers and wife
Opal Joyce Rcdgers, and the Court after considering the same, overruled said exception to which
said defendants, J. F. Duke and wife, Susie Duke, then and there in open Court excepted;
And it further appearing to the Court, after having considered the application of petition-
ors, Charles R. Rodgers and wife, Opal Joyce Rodgers, and after having heard the evidence in
support of said petition and against the same, that all the facts set forth in said petition
are true and correct and that this Court has jurisdiction over the parties to this s,.it, and
over the subject matter of the same;
And it further appearing to the Court that the petitioners, Charles R, Rodgers and vrife,
Opal Joyce Rodgers, are the owners in fee simple oP 178 acres of land, situated in Kerr County,
Texas, wi~:ich said land is located immediately South of :end adjacent to the land owned by J. F.
Duke and wife, Susie Duke, and 7Jest and Southwest of and adjacent to the land owned by the de-
fendants, G, C. Dowdy, Kyle Dowdy, and J. E, Dowdy, all of which said land is located in Kerr
County, Texas, w::ich 178 acres of land is t'ully described in a deed from Harry S, Clark to
Charles R, Rodgers, by deed dated the 18th day of October, 1951, of record in Volume 91, page
523, of the Deed Records of Kerr County, Texas; that the said J, F, Duke and wife, Susie Duke,
are the o~.vners in Pee simple of approxit:~ately 1'75.5 acres of land, cut of Survey 410 B,B.B, and
C. Ry, Co., situated in Kerr County, Terns, and the said G. C, Dowdy,Kyle Do~rdy and J.E. Dowdy
~ are the o~.vners of land out of Survey 132, Dionicia Garivay, and Survey 740, J. Kuykendall, over
which said proposed route passes;
And it furt!~:er appearing to t`.^.ff Court that the petiticners herein made application for a
4.C foot road, the center line of the same ,^~r.ere it crosses the lend of the defendants, G. C.
Dowdy, J. E. Do~rrdy and Kyle Dr,Ady, is described as Follows:
Beginning at a stake set in the South right-o°-wa,y line of State Hiehway No. 27, at a
point 381.4 varas FY. 60 deg. 58' E. of the N. 'N. corn:;r of Survey No. 132, grantee
Dionicia Gariva;r, and 23.8 varas N. 68 deg. 18' W. of an iron pin merkiug the N.E,cor-
ner of Subdivisicn No. 5 of the G. E. Dowdy r~state and the N. 'N, corner of Subdivision
No. 4 of said estate.
THENCE S. 7 deC. 15' W. 65.8 varas to a stake; S, 5 deg. 27` E. 23.8 varas to a stake; ~--'
S. 18 deg. 03' E. 24.75 varas to a stake; S. 1 deg. 04' W.37.95 varas to a stake; 5.22
deg. 18' VJ. 69.4.5 varas to a stake; S 19 deg. 17' E. 39.9 varas to a stake on high bank
of the John:=on Ferk of the Guadalupe River;
T?_~NCE along the North bunk of the Guadalupe River S. 50 deg. O1':. 37.65 varas to a
stake; S. 63 deg. 26` E, 113.2. varas to a stake;
TH'LT?CE crossing Johnson Fork: S, 29 deg. 14' W. 33.L.5 varas to a stake; S. 40 deg. 26`
W. 46.8 varas to a stake;
TI-LANCE S. 70 deg. 06' VJ. 55.8 varas to a stake;
TI?.ENCE `'. 84 deg. 45' ~N. 84.23 varas to an iron pin for a corner of Subdivisicn No. 3
and Subdivisicn No. 5 of the said G, E. Dowdy Estate,
THENCE N, 73 deg. 04' W. 538.3 varas to a stake 7,2 varas, 20 feet, S. 60 deg. E. from
the fence line on the N, W, line of Survey No. 740, John Kuykendall, and the S, E. lure
of Survey No. 410 B.B.B,& C.R.R,Co., ~<rhich fence line is the boundary line betvreen the
G. E. Dowdy property and the J. F. Duke property;
THENCE parallel with said Powdy-Duke fence line on the S. E, line of Survey No. 410
and the N. W. line of Survey No. 740 at a dSstance of 7.2 varas or 20 feet S. 60 deg,
E, therefrom, S, 30 deg. W. 339 varas Lo a stab-e set 8.4 varas S. 30 deg. E. of the S.
`N, corner of the Dowdy field and the S. E, corner of the Duke field;
THENCE N. 87 deg. 30` W. at 8,7. varas the N. 'N. line of the Dowdy property.
The center line of said 40 foot road ~.vhere it crosses the land of the defendants, J.F.
Duke and •.~/ife, Susie Duke, is described as follows:
BEGITdNING at a stake set in fence or the S. E.line of the J. F. Duke property on the
S. E. line of Survey No. 410, B.B,B. & C Ry. Co.,at a point 8.1. varas S. 30 deg. W,
of a fence corner post at the S. E. corner of the J. F. Duke field and the S. '!J. cor-
ner of the Dovrdy field, said Beginning point is located 206.3 varas N. 30 deg. E, of
the South corner of the J. F. Duke property;
THENCE following an old road around the north base of a mountain;
N. 87 deg. 30' PJ. 109.8 varas;
S, B2 deg. W, 36.4 varas;
S. 72 deg. 31' W. 68.5 varas;
S. 79 deg. W. 2'7.8 varas
S. 54 deg. 7J. 53.1 varas;
S. 38 deg. w'. 41.3 varas to the S. W, line of the J. F. Duke property and the N, E.
line of the Charles R. Rodgers property.
And it is further appearing to the Court that the Petitioners, Charles R. Rodgers,
and c^rife, Opzl Joyce Rodgers, are f reeholders of Kerr County, Texas, and that they have
no road connecting their land with the county public road system so as to give them
access to their land;
And it further appearing to the Court that the road as petitioned for by* the peti-
ti mars, Charles R, Rodgers and wif e, Opal Joyce Rodgers, is the most practicable and -
economical route for said road and that said road should be granted and l::id out;
It is therefore, ordered, adjudged, and decreed by
Charles R. Rodgers and wife, Opal Joyce Rodgers, for said
hereby granted in all respects, both as to the width of s,
to the locstion o£ said road, the center litre of which is
said Charles R. Rodgers and wife, 4pa1 Joyce Rodgers, and
this Court that the petition of
neighborhood public road be and is
aid road, which is 40 feet, and as
described in the petitiion of the
_~ heretofore described in tYris decree;
It is further orr.ered, adjudied acrd decreed by this Court that said road be and is here-
by declar~c a public highway, and the owners of said land to wit: J. E. Dowdy, G. C. Dowdy,
Kyle Dowdy, . F. Duke and wife, Susie Duke, are hereby directed to open said road as described
in this decree and leave the same open as a public road.
It is further ordered, adjudged and decreed by this Court that notice of this order
shall be immediately served on the owners of said land, to wit: G.C.Dowdy, J.E.Dowdy, Kyle
Dowdy, J.F,ruke and wife Susie DuY,e, and attached to said notice there shall be a certified
copy of this decree so that the said owners above named shall be fully advised as to the lo-
cation of said road, the width of the same and the character of the road so granted herein,
and the fiheriff of each respective county where said defendants reside shall serve said notice
as required by Article 6711 of the 1925 Revised Civil Statutes and the amendments thereto.
It is further ordered, adjudged and decreed by this Court t"at a copy of this order
sh•11 be riled in the Deed Records in the office of the County Clerk of Kerr County, Texas,
as required by Article 6711 of the 1925 Revised Civil Ststutes and the amendments thereto;
`~'~)~
°..
It is further ordered, adjudged and decreed by this Court that a Jury of Freeholders, as
f'or other public roads, as re;;uired by Article 6711 of the 1925 Revised Civil Statutes and the
Amendments thereto, be ap},ointed by this Honorable Court to assess the damages which accrue to
the landowners described in this decree, to wit: J. E. Dowdy, G. C. Dowdy, Kyle Dowdy, J. F.
Duke and wife, Susie Duke, and that they return to said Court tYieir findir_gs as to the amount
of the damages su_fered by said landowners, within the time recuired bt law, a,'ter heari.ig
evidence as to such damages and after appraising and fixing the amount of said damages.
It is further ordered, adjudged and decreed by this Court that Kerr County, Texas, pay
for all costs in connection witY: this proceeding, as well as all of the costs for such damages
vahich may accrue in favor of said landowners by reason of the taking of said land and by reason
of such other damages as they may be entitled to as a matter of law.
And it is further appearing to the Court that Clarence Hyde, Fred Saur, Clarence Leinwe4er,
Levi Bushong, and Ernest uYellborn are freeholders in Kerr County, Texas, and that they are duly
and legally qualified to serve as a jury of freeholders to asses the da~rages suffered by the
landowners referred to herein, and that they are in no respect disqualified from serving in
,,.. such capacity; it is therefore, further ordered, adjudged and decreed by this Court that
Clarence Hyde, Fred Saur, Clarence Leinweber, Levi Bushong, and Ernest uYellborn are hereby
appointed as a jury of freeholders to assess the damages of the lardovaners above referred to
and to return unto this Court their findings with reference thereto, in wiitin g, in the manner
and :within the length of time required by law as for other public roads.
Signed this 1Gth dey of March, A. D. 1954. Jno. R. Leavell
Ccunty Judge of Kerr County, Texas
L, n;. Guthrie
Comriissior!er Prec;inet No. 1
Kerr County, Texas
V. D. Powell
Commissioner Precinct P.o. 2
Kerr County, Texas
Adolph Bartel
Commissioner Precinct No. 3
Kerr County, Texas
Lee Coff
o-e-o-o-c-::-c-o-c-c Commissioner Precinct, No.4
i-~-
N0. 6523 ORDER 6517 AND JURY CF VIEW 5ET ASIDE Aiv~ REL'ID:DED
Gn this the 8th day of Niarch A. D. 1954, at the regular meeting of the Ccmuiissicners
Court, there came on to be heard the applicatioim of Charles R. Rodgers and wife, Opal Joyce
Rodgers for the estaklisrunent of a public neighborhood road, the application for .which is on
file in the County Clerk's office of Kerr County, Texas, and with the Commissioner's Court cf
Kerr Ccunty, Texas, same being numbered 6517 on the h4inutes and Docket of the Coruaissionerts
Court, Kerr County, Texas; and it further appearing to the Court that on the 17th day of Feb-
ruary, 1954, the Commissioners Court of Kerr County, Texas, entered an order on the minutes of
said court and docket of the same appointing a Jury of View to lay out said road and assess
damages therefor; and it now appearing to t}ie court that this Court was ir. error ir. ap}.ointing
said Jury oP View at that time, the same being prematurely entered because it now appears that
under the terms <<^.nd rrovisions of Article 6711 of the 1925 Revised Civil Statutes and amendments
thereto and particularly tYie amendment by the 53rd Legislature, that this court does not appoint
a Jury of View until such time as the co urt passes on the application of the applicants Charles
R. Rodgers and wife, Opal Hoyca Rodgers, and that said order of February 17th accepting said
petition and appointing a Jury of View to lay out said road according to maw was made in error
and the same should he recinded and set aside in all respects.
It is, therefore, Ordered,Adjudged and Decreed by this Court that the order of Commissioner;