ORDER N0. 9521
ORDER REQUESTING S. R. ASBECK AND WIFE MINNIE VETTER ASBECK
TO REMOVE FENCING ERRONEOUSLY CONSTRUCTED ON PUBLIC ROADWAY
IN PRECINCT N0. 2
On this the 12th day of August, 1963 came on to be heard
and considered by the Court the matter of the erroneous con-
struction of a fence purporting to enclose the lands of
S. R. Asbeck and wife, Minnie Vetter Asbeck in Survey No.
49, William L. Hailey situated in Commissioner's Precinct
No. 2 of Kerr County and it appearing to the Court that B.
D. Powell did by warranty deed convey to Kerr County by
metes and bounds a 60 foot wide roadway running from the Elm
Pass Road towards Starlite Village, said deed being of record
in Vol. 102, P 309, Kerr County Deed Records to which reference
is made for further description, and it further appearing to
the Court that by warranty deed subsequently executed by B.D.
Powell et ux to S. R. Asbeck and wife Minnie Vetter Asbeck as
is of record in Vol 108, P 625, Kerr County Deed Records,
certain lands abutting the aforesaid roadway were conveyed,
and in so doing the said B. D. Powell, et ux specifically
exempted such roadway from the terms of their conveyance, and
it further appearing to the Court that subsequent to receiving
conveyance of the lands abutting the said roadway, the said
S. R. Asbeck and wife P4innie Vetter Asbeck and/or their agents,
lessees, or employees did construct a barbed wire fence along
the west side of the said roadway as previously conveyed to
Kerr County and in so doing did erroneously encroach to a
material extent on the lands owned by Kerr County as a public
roadway, and that the extent of such encroachment has been
determined as a result of an actual survey made on the ground
by Louis Domingues, a duly licensed and registered public
surveyor and County Surveyor of Kerr County, the results of
which survey are shown on a map made and dated August 9, 1963,
it is ordered on motion by Commissioner Witt, seconded by
Commissioner Bartel and unanimously approved by the Court that
the said S. R. Asbeck and wife Minnie Vetter. A.~beak .fie requested to
remove forthwith the said erroneously constructed and encroach-
ing barbed wire fence from the lands heretofore conveyed to
Kerr County, the said division line between the Roadway and
the Asbeck property having been duly surveyed and mazked on
the ground, and it is further ordered that a certified copy
of this order together with a copy of the map made by Louis
Domingues be forwarded by certified mail to the said S., R.,
Asbeck and wife,
No, 9521
ORDER REQUESTING S. R. ASBECK,
et ux TO REMOVE FENCING
ERRONEOUSLY CONSTRUCTED ON
PUBLIC ROADWAY IN PREC. ~p2
8-12-63
Vol. M; Pages 85-86