33~
~I
', end unanimously approved Dy the Court that the amount of X980.46 to oover the 4~ of ~tl9a
the months of Jsn ue ry, February end Meroh of 1954 and X13.25 for the administretl9e costa,
ble to the Tezse Stets Department of Public Welfare, Austin Texas, out of Social security
of Kerr County, Texea.
o-o-o-o-o-o-o-o
6517
the Metter of an Application
s Neighborhood Public Roed
d by Cho rise R. Rodgers end
Opal Joyce Rodgers.
In the Commiesionera
Court of Kerr County,
T E K A S
Oh this the 13th day of April, A. D. 1954, came on to be considered the report of the Jury
Freeholders appointed to essesa the damages in connection with the above matter to the verio~
affected by said road, said road being 40 feet in width, the center lino oP which Ss
ibed by metes end bounds es follows, to wit:
r
'~ i
~'
Across the lend of J. E. Dowdy, G, C. Dofrd y, Kyle Dowdy, J. F. Duke and wife, Susie
Duke; said lend belonging to G. C. Dowdy, being a part oP the G. lti, Dowdy Estate
nit ueted On Tohnson Fork Sa Kerr County, Tezse, end being out of Survey 132, Dionicio
Gerivay end Survey 740, J. Kuykehdell; said lend belonging to Kyle Dowdy being out of
Survey 132, Dionicio Gerivay end Survey 131, Joesph Be1te1, a pert oP the G. E. Dowdy
Estate, Kerr County, Texea, and said land belonging to J. B. Dowdy being out of Sur-
vey 132, Dionicio Gerivay, a pert of the C, E. Do~ddy Estate, Kerr County Texas, the
center line of said road across the lend oP J. E. Dowdy, G. C. Dowdy and Kyle Dowdy
being described as follows, to wit:
Baginn log et a stake set Sn the South right-of-way line of State Highway No. 27, et s
point 381.4 ve roe 3, 60 deg. 58' E. of the N.W. corner oP Survey No. 132, Grantee Dlon-
icie Ca rive y, end 23,6 veras N. 68 deg. 18' W. of en iron pin marking the N. E. corner
of Subdivision No. 5 of the C, E. Dowdy Estate and the N. W. corner of Subdivision No.
4 of avid estate; TRENCH 5, 7 deg. 15'~W• 65.8 va roe to a stake; 3. 5 deg. 27' E. 23.8
va rea to a stake; 3. 18 deg. 03' B. 24.75 va res to a stake; S. 1 deg. 04' W 37.95 veras
to a stake; S. 22 neg. 18' W. 69.45 ve rea to a ateke; S. 19 neg. 17' Y. 39.9 va roe to
stake on high bank of the Johnson Fork of the Guadal ups River; THENCE along the North
bank of the Guadalupe River S. 50 deg. O1' E 37.65 verse to a stake; 3. 63 deg. 26' E
113.2 ve res to a ateke; THENCE oroasing Johnson Fork; 3. 29 deg. 14' W. 33.45 ve rea to
e stake; 3. 40 'deg. 26' W. 46.8 veras to a stake; THENCE S. 70 deg. 06' W. 55.8 veras
to a stake; THENCE 3, 84 deg. 45' W. 84.23 veras to en iron pin for a corner of 3uD-
divieion No. 3 and Subdivision No. 5 of the said G.E. Dowdy 8atete; THENCE N. 73 deg.
O4' W• 538.3 ve rea to a stake 7.2 veras, 20 feet, S. 60 deg. E. from the Pan ce line on
the N. W. line of Snrvey No. 740, Tohn Kuykendall, end the 3. E. line of Survey No. 410,
B,B .B, & C R,R. Co., which fence line is Lhe boundary line between the G. 8. Dowdy pro-
perty end the J,. F,. Duke property; THENCE parallel with said Dowdy-Duke fence line on
the S, E. line ofSurvey No. 410 end the N. W, line of Survey No. 740 at a die ten ce of
7.2 versa or 20 feet 3. 60 deg. E, therefrom, 3. 30 deg. W, 339 versa to a stake set
8.4 vrs. 3. 30 deg. E. of the 3.~W. corner of the Dowdy Pia ld end the S. E. corner of
the Duka field; THENCE N. B7 deg. 30' W, at 8.1 va rea the N. W. line oP the Dowdy pro-
pertY:
And over the land owned by J. F, Duke end wife, Susie Duke, ea id lend being 175.5 acres
of lend. more or less, out of Survey No. 410, B.B.B, A, C.Ry. Co., situated on the John-
son Fork oP the Guadalupe River in Kerr County, Taxae, that wee deeded by Jake L. Binith
et ua to J, F. Duke by deed dated Fabrua ry 16, 1940, re norded in Volupia 65, page 529,
oP the Deed Re co rde of Kerr County, Texea, in oen ter line of which roed• is desoribed by
oouree end diaten ce ae follows: to wit:
BBCINMING et a stake set Sn fence on the 8. E. line of the J. F. Duke property on the
S. E. line of Survey No. 410, B.B.H. k C. Ry Co., et a point 8.1 vase S. 30 deg. W. of
fence corner poet at the S. E. corner of the J, F. Duke field end the S. W. corner of the
Dowdy field, said beginning point is loaeted 206.3 verge B. 30 deg. E. of the south cor-
ner of the J. F. Duke property; THENCE 3b8.L,dWShE"Ati Ola ioefl around the north base of e
mounts in; N. 87 deg. 30' W. 109.8 veras; S. 82 deg. W. 36.4 veras; 5. 72 deg. 31' W. 68.5
vere e; 8. 79 deg. W, 27.8 vare s; S, 54 deg, W, 53.1 versa; S. 38 deg. W. 41.3 va rea to
the 9, W, line of the S. F. Duke pm pe rty and the N. E. line of the Cha rlee R, Rodgers
property.
And it appearing to the Court that esid Jury of Freeho ldera acting under the order
E
of this court made on the 8th day oP march A. D. 1954, end act welly signed by said Court on the
10th day of march A.D. 1954, composed of Levi Bushong, Clarence Leinwe bar, Fred Seur, Clarence
Hyde sad Ernest Wellborn, after he wing gi4en,.notioa to the said J. E. Dowdy, G. C. Dowdy, Kyle
Dowdy, J. F. Duke end wife Susie Duka, tY,e same being the lend owners aPPe oted Dy said roed; of
the time end pleceof said maeti ng to determine ea id damages, did on the 5th day of April, A.D.
1954, proceed to esseas the dame gee for the gel ue of the land not welly taken by said roed ea
well ea the damages to the balance of the lend affected by said road across the land of d. E.
Dowdy, G. C. Dowdy, Kyls Dowdy, S. F. Duke and wife Su sis Duke, the center line of which is
above deacri bed, and further that said Jury of 8raeholdera above named did on the 5th day of
April, A.D. 1954, make their report to this Commissioners Court oP Kerr County, Texas, assess- ~ 3 3
ing the damages Por the value of the land actually taken by said road as well as the damages to
the balance of the land affected by said road across the land of J. E. Dowdy, G. C. Dowdy, Kyle
Dowdy, J. F, Duke and wife Susie Duke, said findings oP said Jury of Freeholders being as fol-
lows, to wit:
The said Levi Bushong, Clarence Leinwaber, Fred Seur and Clarence Hyde, members of
Jury of Freeholders, assessed the following damages:
OWNER Amount oP land Value Total value of Demeges to
actually taken per land actually Balance of
in said roadway acre taken land
G. C. Dowdy 1.3 acres 325.00 $422.50 None
Kyle Dowdy .61 acres 325.00 198.25 None
S. l;. Dowdy .56 ecrea 325.00 182.00 None
J. F, Duke and
wife, Susie Duke .806 acres 325.00 261.95 $738.05
The said Ernest Wellborn, a member of said Jurg of Freeholders filed a saps rate minor-
ity report into this Court and assessed	the damages	ea follows:	
Owner Amount of land	Value	Total value of	Damages to
Actual ly ta~ea	per	lend actually	Balance of
in said roadway	acre	taken	land
G. C. Dowdy	1.3 acres	X32§,00	X422.50	None
Kyle Dowdy	.61 ecrea	325.00	198.25	None
S, H, Dowdy	.56 acres	325.00	182.00	None
J. F. Duke and
wife, Susie Duke	
.8u6 acres	
325,00	
261.95	
~238~G5
And it further eppee ri ng to the Court that after the said reports above referred to
filed by said Jury oP Freeholders, the said J. F. Duke end wife, Susie Duka, Piled their writta.
objections with Chia Court, same being the Commissioners Court of Kerr County, Texas, on the 9t.
day oP April, A. D. 1954, alleging that the same were inadequate to cover the damages of the sa
J. F. Duke and wife Su are Duke, which said report is on file among the pepere in this case.
And it further appearing to the Court that the said J. E. Dowdy, G. C. Dowdy and Kyle
Dowdy filed with said Jury of Freeholders above named a sworn Waiver waiving all rights in and
to any damages to the balance of their land effected by said road, if any, and stated in said
Waiver that they only desired to be paid fo~ the land actually taken by said road in accordance
with the findings of said Jury oP Freeholders and that acid Waivers era now on file among the
pepere in this oase.
And it further appearing to the Court after considering said reports of acid Jury of
Freeholders above referred to that the majority report of said Jury oP Freeholders should be
allowed and paid as damages and as adequate compensation Por the land actually taken by said
road and for the damages to the balance of said lend belonging to J. F. Luke and wife,~Susie
Duke, there being no damages to the balance of the lend allowed for J. Y. Dowdy, G. C. Dowdy,
end Kyle Dowdy, for the reason that they waived any claim thereto in their Waiver above refer
to.
It is therefore, Ordered, Adjudged and Decreed by this Court that the majority report
oP the Jury of Freeholders above referred to be in ell reaps cts approved end accepted, and the
G. C. Dowdy 1s hereby allowed the sum of $422,50 for the 1.3 acres of lend Laken for said road
purposes; the said J. E;, Dowdy is hereby allowed the sum of $162.00 for the .56 acres of land
taken Por said road purposes; the said Kyla Dowdy is ha re by allowed the sum oP $198.25 for the
.61 acres of land taken for said road purpose a, and that the said J. F, Duke and wife, Susie
Duke, be allowed the sum of X261.95 for the acid .806 acres taken oŁf of their land for said
road purposes end the sum of X738.05 is allowed for the damages to the balance of the land own
Z~{c-..
by the said J. F. Duke and wife, Susie Duke, on each side of aeid road where the m ed crosses
he lend belonging to the said T. F. Duke end wife, Susie Duke.
It is further ordered, edJudged and decreed by the Court that said sums, above referred to
I be paid to sold pe rties reaps ctively, or be deposited to their credit with the County Treasurer
of Kerr County, Texea, ae is provided by law and with notice to such owners of such payment on
eposit as required by law.
It is Purther Ordered, AdJudged and Decreed by tkSs Court that said road be declared to be
public highway ea provided by Article 6711 of the 1925 Revised Civil Statutes oP the State of
axes, end the Amendments thereto, and particularly the amendment to Article 6711 of the 1925
evlsed Civil Stat ut ea oP the State of Taxes, Acta of 1953, 53rd Legislature, effective June 13
953, end the same Smmediately be open ea a public highway in ecco rdan ce with the terms of this
rder 9nd in accordance with the terms of prior orders heretofore entered herein regarding same
It is further Ordered, Ad,J ud gad end Decreed by this Court that this order be approved and
cl ud ed on the minutes oP this Court and recorded in the Deed Records in the County Clerk's
fi ce of Kerr County, Texea, in ecco rdanoe with the said Article 6711 of the 1925 Revised Civ
et ut es of the State of Tezas end the Amendments thereto, together with other artl clew cont ro
the same.
Jno. R. Leavell, Couaty Judge
L. M. Guthrie Commissioner Pre c. #1
V. D. Powell Commissioner Pre e. 2
Adolph Bartel Commissioner Pre c. 3
Lee Goff Commis aioner Pre c. #4
Filed Lhe 13th day of April A. D. 1954
Cha rlea J. Rees
Clerk Couaty Court, Kerr County Taxes
The matter of the appllcatl on for a nelghbo rhood public mad filed by Cherlea R. Rogers end
wife, Opel Joyce Rodgers, end re port, of the Sury of Freeholders to asses the damages, in co naea
tion with said road, es above stated, he ving bean considered by the Court, by motion duly mad•
by Guthrie, seconded by Bartel, it was unenlmous ly voted by the Court to accept the report.
o-o-o-o-o-o-o
N0. 6544 APPROVAL OF MONTHLY REPORT OF TA% A3SESOR AND COLLECTOR
This the 13th day of April A. D. 1954, came on to be considered the monthly report of fi. H.
Nichols, Taz Aaseaor end Collector, Kerr County, Tezas, for the month of March 1954, showing m
actual end necessary ezpenae of X1068.75 incurred by him in the conduct pf his ofPi ee during
l
aeid.month, end it appearing to the Court that aeid report is true end correct, end such ezpend•
itures should ba approved; therefore, by motion duly made by Guthrie, seconded by Powell sad
uneaimously approved by the Court for such ezpenditurea indioated therein.
o-o-o-o-o-o-o
. 6545 APPROVAL OF MONTHLY HKPBNSB REPORT OF COUNTY CLEHIC
This the ~3th day of April A. D. 1954, came on to be eaemined by the Court, the monthly
account
pease/of Charles J. Rees, County Clerk, for the month of March 1954, showing en eotuel end
cesaery eapenae of $726.50, incurred by him in the conduct oP his office during ssid month,
d St appearing to the Court that said report Sa true and correct end should be approved;
erefore, by motion duly made by Guthrie, seconded by Powell end unen imously approved by the
Court for such expen dSturea therein.
o-o-o-o-o-o-o
-- N0. 6546 APPROVAL OF MONTHLY REPORT OF FINES AND FfifiS COLLE CTfiD BY COUNTY CLERK FOR THS M~ITH
ENnINC MARCH 31st, 1954.
This the 13th day of April A. D. 1954, came on to be co naidered by the Court, the monthly
..o ~..,.r ..r r,,o,.ie. .r save r,,,,.,... rtes ,.t eii Pi nee LnnnanA nnA t....., res. ...,i ia,.c.a t~ gyn.