LEGAL NOTICE
NOTICE OF INTENTION TO FILE
PETITION FOR DISCONTINUANCE OF COUNTY ROAD
THE STATE OF TEXAS X
COUNTY OF KERR X
TO THE PUBLIC AND ALL INTERESTED CITIZENS OF THE COUNTY OF
KERR AND STATE OF TEXAS:
TAKE NOTICE that Lavern D. Harris and wife, Faye C. Harris,
and Harriet L. Sheppard and husband, Marshall L. Sheppard, Sr.,
intend to file their application and petition to the Commissioners
Court of Kerr County, Texas, pursuant to the provisions of Art. 6705,
V.T.C.S., signed by at least eight (8) freeholders in the precinct
in which the road described in such Petition for Discontinuance of
County Road is located, for an order to discontinue the public road
more fully described in said petition, including specifically a
description of the beginning and termination of such road, after the
expiration of at least twenty (20) days notice by this 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, which said application
and petition for discontinuance of county road, including therein
a full description of such road, is as follows:
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THE STATE OF TE:~{1:S X
COUNTY OF KiiR2 X
PETITION FOR DISCONTINUANCE OF COUNTY ROAD
7`O TIIE HONORAI:LE COtiI'4ISSIONERS COURT OF KEI?R COUNTY, TEX£?S•.
CO`1'r NO~J, L.7verc~ D. Iiarris anti wife, Faye C. Harris, and
Ilarri.et. L. Sheppard and husband, Marshall i,. Sheppard, Sr.,, all of
th4 County of Kerr., Statc c;' Texas, ar..i resl~ectful~y ~:ie t:-;is their
application and petition, pur.s~aant to the provisions o_ Art. 6705
n,T C.S., signed by at least eight (3) freeholders in the precinct
in which ttae hereinafter rneraioned read is locateii, to discontinue
the public road rlore fully hereinafter described, inc~uaincx
specifically a description of. the beginning and. termination o:.= suet;
road, after. the expiration. of at least twenty (20) days notice by
written advertisement of applicants intended application, posted
at the courthouse doer of Kerr County. Texas, anci.at t.wa other
public z~laces in the vicinity of the route of such coati., any: for
such application andretitior. your applicants woul:l resT>ectf:rlly
Show t:C t':1 E' ^^•`N`I..1SS1Qrir_r5 !~(7llrt Of KE?rr (:GUn tV, TE M1CS ~i; ~..:'. 7t- tY:ey are
the owners of all of the property on both sides and at tale encl of
the her..^inafter described Irablic road; that such public raau. has
never bean ic:tproved nor maintained by the county nor has it ever
been orene~.9 or used by the public, and that there is nc nui~l.i.~
nece3sity tkrat such road, theuch dedicated to the public, ever be
or use:': as s nubli.c read, but on the contrary the sane: sho~,La bc-
closed any: discontin~zed.
Tilt.=. r+ublic road ~.ahi.ch yoar applicants 3esir~ to be ~!iscontinued
and claae is more fully described as follows, to-w.it..
All that certain tract or parcel t~k' lanri lying anu beir.~r
?.~-~:;'t^... S. T: tiTL-' CC.'::nt"J C° KE*"r", State Cr lE-:{as, C:U J1'a. ~: $. *'!'
1.573 acres of land out of Original Survey No. 147:, Ii.L.
z 4V._.I?.R, t'o., Certificate :ve. 774, L. A. Rees, f.=rat:te~:,
Abstract No. 1841, being a st°ip of land 50 feet wide
.'+-`,`3'-":'~.: 1`J ro~,t ec. C'(` 51~a2 Cf tf'.E G:.:n C:~r 11nE 'rlil ].C11 1~; i~L,SC rl.bed
as follows, to-wit.
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BEGINNING at a point in the South right-of-way line of that
6U 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 Count}~ Road RigYtt-of-vtay
Tract No. 1, in Right-of-Way Easement dated June 8, 1964,
recorded in Volume 4, page 33, of the Basement Records of
Kerr County, Texas, which said point is located 30.2 feet
S. i2° i2' E. fraa! the mint of intersection of the extension
of the centerline of this right-of-way with the centerline
of the said right-of_-way of. laic; County Road Right.-of-Way
Tract IQO. 1, which said intersection point is referred to in
the description giver! for sai.c County Road Right-of-i~ay 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.-af-Way Tract i3a. l;
THECJCF, 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 ~s fenced, the same being the
270.0 acre portion of the Original U. A. Rees Estate property
which was conveyed to Harriet 7.ucy Sheppard by deed dated
I'ebruary 1, 1951, and recorded in Volume 90, at page 118, of
the Deed Records of Kerr Caunty, Texas; being a N.W. line
of the property conveyed to James E. Nugent and Lavern )~.
Harris by deed dates January 15, 1964, by G. ~. Lehmann and
Gordon H. Monroe, recorded in Volume 117, page 272, ;reed
Records of Kerr County, Texas, and said point being located
576.3 feet N, 46° 20' E. front the South corner of ttre said
Sheppard land as fenced.
The above described 1.673 acres of land is the same and
iuentical property described as County Road Right-of--4Vay
Tract Number Two in that certair. Right-o£-Yday Easement dated
June 8, 1964, from Harriet Lucy Sheppard, et vir, of Kerr
Ccunty, Texas, recorded in Volume 4, page 33, of the Casement
Records of Kerr County, Texas, to which instrument and its
record reference is here ^:ade for all purposes.
Since yoar appiicant, Harriet L. Sheppard, is the owner of. the
property an both si:Ies of a portion of the above described lard,
your applicants pray that the Comru ssicners Court also orczer that
Kerr County< Texas execute and. deliver. *_o Fi3rriet L. Sheppard a
Quitclaim Dee: to tha followinn described nropert~r, to-w~.tc
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 Ydo. 1844, being the NW portion of that 1.673
acre tract No. 2 which was conveyed from I3arriet 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:
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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 wh`.ch was conveyed from Harriet Lucy Sheppard
to Lavern D. iiarris by deed dated March 12, 1968, of record
in Volume 132 at page 314, of the Deed Records of Xerr
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 9, 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:
HEGiNNING at an iron stake set for the East corner of
aforesaid 5.967 acre tract, said point beinq 552.9 feet
N. 44° 42' E. from a fence comer 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;
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THENCE N. 45° 03' E. 50.8 feet to an iron stake set for
the west corner of aforesaid 10 acre tract;
THEPICE 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,
~ ~r
~_
_ ~~
Lavern D. Ha-- rr~s, Appl
Faye C. Harris, Applicant
y~~~ ~--
Harriet L. Sheppard, A~cant
Marshall L. Sheppard._,L-ALp--p-l-i-cant
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 ia~ 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 and that such road be discontinued and closed.
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This notice of intention to file the aforesaid attached
application and petition for discontinuance of county road is issued
and given by the undersigned pursuant to authority conferred and
required by virtue of Art. 6705, V.T.C.S., and under authority of
law.
WITNESS OUR HANDS this the 12th day of February, A. D. 1969.
C...,;
~ ~
~-~- L`- ' ~,G ,
Lavern D. Harris
Faye C. Harris
-, -
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Harriet L. Sheppard ~~ !~
Marshall L. Sheppard, r.
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AFFIDAVIT OF POSTING NOTICE
THE STATE OF TEXAS J(
COUNTY OF KERR X
BEFORE ME, the undersigned authority, on this day personally
appeared Jack Colbath who, after being by me first
duly sworn, says on his oath:
1. That he posted a true and correct copy of the Notice of
Intention to File Petition for Discontinuance of County
Road, hereto attached, at the following places, to-wit:
(a) One (1) at the courthouse door of the
County Courthouse of Kerr County, Texas,
Kerrville, Texas.
(b) One (1) at the beginning or north end of
the county road described in such notice
of intention to file petition for
discontinuance of county road; and,
(c) One (1) at the termination or south end of
the county road described in such notice of
intention to file petition for discontinuance
of county road.
2. That said notices were posted by me on the 14th day of
February, A. D. 1969.
f~ ~~~~ C~~ c~ ~~~~=~T
Affiant
SWORN TO AND SUBSCRIBED before me by the said Jack Colbath
on this the 14th day of February, A. D. 1969.
,,., ~~ ~
' Nota Public in and for
~~~ Kerr County, Texas
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