Order No. 10,438
Order Requesting the State of Texas to Convey Sur-
plus Right-of-Way of F. M. Road 1340 to Edith Y.
Cullum and The Estate of Frank P. Cullum, Sr., Deceased,
Edith Y. Cullum, Independent Executrix.
On this the 27th day of January, 1967, came on to be heard and consider-
ed by the court the matter of requesting the State of Texas to convey a parcel of
surplus right-of-way constituting a portion of the former route of F. M, Road
1340 to Edith Y. Cullum and the Estate of Frank P. Cullum, Sr., Deceased,
Edith Y. Cullum, Independent Executrix; and, it appearing to the court that the
portion of right-of-way concerned which constitutes 5, 309 acres of land, more
or less, out of A. W, Merritt Survey No. 1354 and H. E. & W. T, R. R. Go. Sur-
vey No. 1655 is no longer required for use as a public roadway; and, it fut~ther
appearing to the court that Frank P, Cullum, Sr. , now deceased, and his surviv-
ing widow, Edith Y. Cullum, have heretofore granted certain right-of-way to the
State of Texas far the relocation of F. M. Road 1340 and that as a portion of the
consideration for the granting of said right-of-way Kerr County did agree to re-
quest the State of Texas to reconvey the said 5.309 acres of land to the said
Frank P, Cullum, Sr„ and wife, Edith Y. Cullum, as is evidenced by Commis-
sioners Court Order No. 10, 139 dated December 13, 1965 and duly recorded in
the Minutes of the Court; and, it further appearing to the court that the said
5,309 acres of former right-of-way were procured by Kerr County for the State
of Texas at no cost to the State of Texas, it is ordered on motion by Commis-
sioner Schwethelm, seconded by Commissioner Stone, and unanimously approved
by the court that Kerr County hereby requests the State of Texas to reconvey the
aforesaid 5.309 acres of land as are more particularly described in Exhibit "A"
to this order to Edith Y. Cullum and the Estate of Frank P. Cullum, Sr., De-
ceased, Edith Y. Cullum, Independent Executrix (the right-of-way heretofore
granted the State of Texas by Frank P, Cullum, Sr. , and Edith Y. Cullum having
been community property of the said grantors) for the reasons herein set forth,
EXHIBIT "A"
Being 5, 309 acres of land, more or less, out of and a part of that certain 7.30
acre tract of land, said 5.309 acres being 2.429 acres, more or less, out of the
A. W. Merritt Survey No. 1354, Abstract No. 932, 2.880 acres, more or less,
out of the H. E, & W, T. R. R, Co. Survey No. 1655, Abstract No. 914, Kerr County,
Texas, said 5.309 acre tract being the same land described in a deed from Kerr
County Ranch, Inc. (F, P. Cullum, Owner) to State of Texas dated July 11, 1950,
recorded in Volume 89, Page 420, Deed Records of Kerr County, Texas; said
5.309 acre parcel of land being more particularly described by metes and bounds
as follows:
BEGINNING at the point of intersection of the northeast right-of-way line of exist-
ing F. M, Highway 1340 with the northeast right-of-way line of F. M, 1340 to be
abandoned, said point being in a northwesterly direction 1109.2 feet from an exist-
ing south corner of the Frank P. Cullum, Sr., property, and being further de-
scribed as being 64, 69 feet at right angles from Engineer's Station 735, 0 on the
centerline of said existing F. M, Highway 1340;
THENCE NORTH 59°52' West, 67, 5 feet to a point, said point being 70.0 feet at
right angles from Engineer's Station on the centerline of existing F. M, Highway
1340;
THENCE NORTH 69°00' West, 139.9 feet to a point, said point being 63, 9 feet at
right angles from Engineer's Station 935, 0 on the centerline of existing F, M,
Highway 1340, and being furthex described as being 35,0 feet at right angles
from Engineer's Station 52053, 0 on the centerline of abandoned F. M. Highway
1340;
THENCE in a northwesterly direction along the arc of a circular curve to the right,
having a radius of 1181, 28 feet, concentric with and 35, 0 feet from the centerline
of said abandoned highway, a distance of 13.6 feet to end of curve at right angles
from Engineer's P, T. Station 52066, 2 on the centerline of said abandoned high-
way;
THENCE NORTH 41°11' West, parallel to and 35, 0 feet from the centerline of
abandoned F, M, Highway 1340, a distance of 34.3 feet to a point at right angles
from Engineer's P, G, Station 52100.5 on the centerline of said abandoned high-
way;
THENCE in a northwesterly direction along the arc of a circular curve to the left,
having a radius of 1397, 69 feet, concentric with and 35, 0 feet from the centerline
of said abandoned highway, a distance of 594.3 feet to end of curve at right angles
from Engineer's P. T. Station 52709, 7 on the centerline of said abandoned high-
way;
THENCE NORTH 65° 33' West, parallel to and 35, 0 feet from the centerline of
abandoned F, M, Highway 1340, a distance of 170.8 feet to a point at right angles
from Engineer's P. G, Station 52880,5 on the centerline of said abandoned high-
way;
THENCE in a northwesterly direction along the arc of a circular curve to the
left, having a radius of 5694.65 feet, concentric with and 35, 0 feet from the center-
line of said abandoned highway, a distance of 400, 8 feetk~ end of curve at right
angles from Engineer's P, T. Station 532{83.8 on the centerline of said abandoned
highway;
THENCE NORTH 69°35' West, parallel to and 35, 0 feet from the centerline of
abandoned F, M. Highway 1340, a distance of 899.4 feet to a point at right angles
from Engineer's P. C. Station 541 X83, 2 on the centerline of abandoned F. M,
Highway 1340;
THENCE in a northwesterly direction along the arc of a circular curve to the right,
having a radius of 2849.93 feet, concentric with and 35.0 feet from the centerline
of said abandoned highway, a distance of 245. 5 feet to end of curve at right angles
from Engineer's P, T. Station 544f 25, 7 on the centerline of said abandoned high-
way;
THENCE NORTH 64°44' West, parallel to and 35.0 feet from the centerline of
abandoned F. M. Highway 1340, a distance of 167.4 feet to a point at right angles
from Engineer's P, C. Station 54593, 1 on the centerline of said abandoned high-
way;
THENCE in a southwesterly direction along the arc of a circular curve to the left,
having a radius of 681.78 feet, concentric with and 35.0 feet from the centerline
of said abandoned highway, a distance of 328. 2 feet to end of curve at right angles
from P, T. Equation Station 549{38.1 Back = 550{32.8 Ahead on the centerline of
said abandoned highway;
THENCE SOUTH 87°40' West, parallel to and 35.0 feet from the centerline of
abandoned F. M. Highway 1340, a distance of 363.7 feet to a point at right angles
from Engineer's Station 55396.5 on the centerline of said abandoned highway,
said point being also the center of North Fork of Guadalupe River;
THENCE NORTH 29°10' East, with the center of North Fork Guadalupe River,
82.1 feet to a point, said point being 35.0 feet at right angles from Engineer's
Station 553 X53. 5 on the centerline of abandoned F. M. Highway 1340;
THENCE NORTH 87°40' East, parallel to and 35, 0 feet from the centerline of
abandoned F. M. Highway 1340, a distance of 320.7 feet to a point at right angles
from P. T. Equation Station 549E38. 1 Back = 55032.8 Ahead on the centerline of
said abandoned highway;
THENCE in a northeasterly direction along the arc of a circular curve to the right,
having a radius of 751, 78 feet, concentric with and 35.0 feet from the centerline
of said abandoned highway, a distance of 361, 8 feet to end of curve at right angles
from Engineer's P. C, Station 545E93, 1 on the centerline of said abandoned high-
way;
THENCE SOUTH 64°44' East, parallel to and 35.0 feet from the centerline of
abandoned F. M, Highway 1340, a distance of 167.4 feet to a point at right angles
from Engineer's P. T. Station 54425.7 on the centerline of said abandoned high-
way;
THENCE in a southeasterly direction along the arc of a circular curve to the left,
having a radius of 2829.93 feet, concentric with and 35. 0 feet from the centerline
of said abandoned highway, a distance of 239. 5 feet to end of curve at right angles
from Engineer's P. C. Station 54183.2 on the centerline of said abandoned high-
way;
THENCE SOUTH 69°35' East, parallel to and 35, 0 feet from the centerline of
abandoned F. M, Highway 1340, a distance of 899.4 feet to a point at right angles
from Engineer's P. T, Station 53283.8 on the centerline of said abandoned high-
way;
THENCE in a southeasterly direction along the arc of a circular curve to the
right, having a radius of 5764, 65 feet, concentric with and 35, 0 feet from the
centerline of said abandoned highway, a distance of 405, 8 feet to end of curve at
right angles from Engineer's P. C. Station 52880.5 on the centerline of said
abandoned highway;
THENCE SOUTH 65°33' East, parallel to and 35.0 feet from the centerline of
abandoned F. M. Highway 1340, a distance of 170.8 feet to a point at right angles
from Engineer's P. T. Station 52709.7 on the centerline of said abandoned high-
way;
THENCE in a southeasterly direction along the arc of a circular curve to the
right, having a radius of 1467, 69 feet, concentric with and 35.0 feet from the
centerline of said abandoned highway, a distance of 624.1 feet to end of curve
at right angles from Engineer's P. C. Station 52100. 5 on the centerline of said
abandoned highway;
THENCE SOUTH 41°11' East, parallel to and 35, 0 feet from the centerline of
abandoned F', M, Highway 1340, a distance of 34.3 feet to a point at right angles
from Engineer's P. T. Station 52066.2 on the centerline of said abandoned high-
way{
THENCE in a southeasterly direction along the arc of a circular curve to the left,
having a radius of 1111.28 feet, concentric with and 35.0 feet from the centerline
of said abandoned highway, a distance of 205.7 feet to the place of beginning and
containing 5.309 acres of land, more or less.
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