~~ ~J
f ~ ~t ..~'
THE STATE OF TEXAS X
COUNTY OF KERR X
PETITION FOR DISCONTINUANCE OF COUNTY ROAD
TO THE HONORABLE COMMISSIONERS COURT OF KERR COUNTY, TEXAS:
COME NOW, Lavern D. Harris and wife, Faye C. Harris, and
Harriet L. Sheppard and husband, Marshall L. Sheppard, Sr., all of
the County of Kerr, State of Texas, and respectfully file this their
application and petition, pursuant to the provisions of Art. 6705
V.T.C.S., signed by at least eight is) freeholders in the precinct
in which the hereinafter mentioned road is located, to discontinue
the public road more fully hereinafter described, including
specifically a description of the beginning and termination of such
road, after the expiration of at least twenty (20) days notice by
written advertisement of applicants intended application, posted
at the courthouse door of Kerr County, Texas, and at two other
public places in the vicinity of the route of such road, and for
such application and petition your applicants would respectfully
show to the Commissioners Court of Kerr County, Texas, that they are
the owners of all of the property on both sides and at the end of
the hereinafter described public road; that such public road has
never been improved nor maintained by the county nor has it ever
been opened or used by the public, and that there is no public
necessity that such road, though dedicated to the public, ever be
or used as a public road, but on the contrary the same should be
closed and discontinued.
The public road which your applicants desire to be discontinued
and closed is more fully described as follows, to-wit:
All that certain tract or parcel of land lying and being
situated in the County of Kerr, State of Texas, comprising
1.673 acres of land out of Original Survey No. 1474, H.E.
& W.T.R.R. Co., Certificate No. 774, L. A. Rees, Grantee,
Abstract No. 1844, being a strip of land 50 feet wide
lying 25 feet each side of the centerline which is described
as follows, to-wit:
- 1 -
BEGINNING at a point in the South right-of-way line of that
60 foot wide right-of-way easement which was conveyed by
Harriet Lucy Sheppard, et vir, to Kerr County, Texas, for a
county road, and described as County Road Right-of-Way
Tract No. 1, in Right-of-Way Easement dated June 8, 1964,
recorded in Volume 4, page 33, of the Easement Records of
Kerr County, Texas, which said point is located 30.2 feet
S. 12° 12' E. from the point of intersection of the extension
of the centerline of this right-of-way with the centerline
of the said right-of-way of said County Road Right-of-Way
Tract No. 1, which said intersection point is referred to in
the description given for said County Road Right-of-Way Tract
No. 1, and is 49.3 feet N. 84° 22' E. from the P.C. of a 10°
curve in said County Road Right-of-Way Tract No. 1;
THENCE S. 12° 12' E. 313.9 feet to the P.C. of a circular
curve to the left;
THENCE along the arc of the said circular curve, having a
radius of 573.0 feet and central angle of 43° 00' for a
distance of 430.0 feet to the P.T. of the curve;
THENCE S. 55° 12' E. 713.7 feet to an iron stake in the
S.E. line of the Sheppard land as fenced, the same being the
270.0 acre portion of the Original D. A. Rees Estate property
which was conveyed to Harriet Lucy Sheppard by deed dated
February 1, 1951, and recorded in Volume 90, at page 118, of
the Deed Records of Kerr County, Texas; being a N.W. line
of the property conveyed to James E. Nugent and Lavern D.
Harris by deed dated January 15, 1964, by G. E. Lehmann and
Gordon H. Monroe, recorded in Volume 117, page 272, Deed
Records of Kerr County, Texas, and said point being located
576.3 feet N. 46° 20' E. from the South corner of the said
Sheppard land as fenced.
The above described 1.673 acres of land is the same and
identical property described as County Road Right-of-Way
Tract Number Two in that certain Right-of-Way Easement dated
June 8, 1964, from Harriet Lucy Sheppard, et vir, of Kerr
County, Texas, recorded in Volume 4, page 33, of the Easement
Records of Kerr County, Texas, to which instrument and its
record reference is here made for all purposes.
Since your applicant, Harriet L. Sheppard, is the owner of the
property on both sides of a portion of the above described land,
your applicants pray that the Commissioners Court also order that
Kerr County, Texas execute and deliver to Harriet L. Sheppard a
Quitclaim Deed to the following described property, to-wit:
All that certain tract or parcel of land lying and being
situated in the County of Kerr, State of Texas, comprising
1.073 acres of land out of Original Survey No. 1474, H.E.&
W.T. R.R. Co., Certificate No. 774, L. A. Rees, Grantee,
Abstract No. 1844, being the NW portion of that 1.673
acre tract No. 2 which was conveyed from Harriet Lucy
Sheppard, et vir, to Kerr County for a roadway in Right-
of-Way Easement dated June 8, 1964, of record in Volume
4 at page 33 of the Easement Records of Kerr County, and
the herein described tract of land being a strip of land
50 feet wide lying 25 feet on each side of the centerline,
which is described as follows, to-wit:
- 2 -
BEGINNING at the point in the South right-of-way line
of that 60 foot wide right-of-way easement which was
conveyed by Harriet Lucy Sheppard, et vir, to Kerr County
as Tract No. 1, of aforesaid Right-of-Way Easement dated
June 8, 1964, of record in Volume 4, page 33, of the
Easement Records of Kerr County, for the beginning point
of aforesaid Tract No. 2;
THENCE S. 12°12' E. 313.9 feet to the P. C, of a
circular curve to the left;
THENCE along the arc of the said circular curve, having
a radius of 573.0 feet and central angle of 43° 00' for
a distance of 430 feet to the P. T. of the curves
THENCE S. 55° 12' E. 194.5 feet to a stake set 25.4
feet N. 45° 03' E. from the North corner of that 5.967
acre tract which was conveyed from Harriet Lucy Sheppard
to Lavern D. Harris by deed dated March 12, 1968, of record
in Volume 132 at page 314, of the Deed Records of Kerr
County, Texas.
Further, since your applicants, Lavern D. Harris and wife,
Faye C. Harris, are the owners of the property on both sides and
at the end of a portion of the above described 1.673 acres of land,
your applicants pray that the Commissioners Court also order that
Kerr County, Texas, execute and deliver to Lavern D. Harris and
wife, Faye C. Harris, a Quitclaim Deed to the following described
property, to-wit:
All that certain tract or parcel of land lying and being
situated in the County of Kerr, State of Texas, comprising
0.60 acre of land out of Original Survey No. 1474, H.E. &
W.T. Railroad Co. Certificate No. 774, L. A. Rees,
Grantee, Abstract No. 1844, bounded on the SW by that
5.967 acre tract which was conveyed from Harriet Sheppard,
et vir, to Lavern D. Harris by deed dated March 12, 1968,
of record in Volume 132, page 314, of the Deed Records
of Kerr County, and on the NE by a separate 10 acre
tract which was conveyed from Harriet Sheppard, et vir, to
Lavern D. Harris by deed dated September 4, 1968, of
record in Volume 134, page 737, of the Deed Records of
Kerr County, Texas, and being the'SE portion of that 1.673
acre Tract No. 2 which was conveyed from Harriet Lucy
Sheppard, et vir, to Kerr County for a public roadway by
Right-of-Way Easement dated June 8, 1964, of record in
Volume 4, page 33, of the Easement Records of Kerr County,
and being more particularly described by metes and bounds
as follows, to-wit:
BEGINNING at an iron stake set for the East corner of
aforesaid 5.967 acre tract, said point being 552.9 feet
N. 44° 42' E. from a fence corner which has been considered
to be at the South corner of Original Survey No. 1774,
H. E. & W. T. Railroad Co., Abstract No. 1844;
THENCE with the SW line of said roadway N. 55° 12' W.
519.4 feet to the North corner of aforesaid 5.967 acre
tract marked by an iron stake;
- 3 -
THENCE N. 45° 03' E. 50.8 feet to an iron stake set for
the West corner of aforesaid 10 acre tract;
THENCE with the NE line of said roadway, S. 55° 12' E.
519.1 feet to an iron stake set at the South corner of
said 10 acre tract;
THENCE S. 44° 42' W. 50.8 feet to the PLACE OF BEGINNING.
Surveyed on the ground and field notes written by Louis
Domingues, Registered Professional Engineer No. 1633,
Registered Public Surveyor No. 222, County Surveyor of
Kerr County, Texas.
EXECUTED this the 12th day of February, A. D. 1969.
Respectfully submitted,
~~, G ~..
Lavern D. Harris, App scant
'~°' ~_J
~~
Faye C. Harris, Applicant
/ . !l ~ .: ~
/~/-G~~~t.v o~ ~- ~'yrJ~- ~z~--vim
Harriet L. Sheppard, Appf i ant
Mars all L. Sheppard, p scant
We, the undersigned to the above and foregoing Petition for
Discontinuance of County Road above described, do hereby
represent to the Commissioners Court of Kerr County, Texas, that
we and each one of us are freeholders in the precinct in which the
above described road, consisting of 1.673 acres of land, is desired
to be discontinued, and further, we and each one of the undersigned
apply to the Commissioners Court of Kerr County, Texas, and
request that the above and foregoing application and petition be
granted ahd that such road be discontinued and closed.
J
- 4 -
_y_
ot~
(6)

~;h~
~(8)
-.k rt~~i [`{`~~~• ~~
i
,, t~)
_~ ~ ~T
"^~-`^
5)

t~)

~ ~~~
,.~-s~ t
(9)

~~/
i
FILED FOR RECORD
O "Ds~ ~clock~„
FEB 1~96~ ~
~~z~ /iii ~n
erk County Court, Kerr County,~exas 1
By neputy