ORDER NO. 10 893
On this the inrh day of March A. D, 1969, at a regular
meeting of the Commissioners Court of Kerr County, Texas, with a
quorum present, came on to be considered by the Commissioners Court
of Kerr County, Texas, at a regular term of such Court, the matter
of the Application and Petition for Discontinuance of County Road
heretofore filed by Lavern D. Harris and wife, Faye C. Harris, and
Harriet L. Sheppard and husband, Marshall L. Sheppard, Sr.,
pursuant to the provisions of Art. 6705, V.T.C.S., to discontinue
the public road more fully hereinafter described, and the
Commissioners Court after having considered and fully discussed and
understood such matter finds as a fact or facts that such application
and petition is signed by at Ieast eight (8) free-holders in the
precinct in which the hereinafter mentioned road is located; that
the public road petitioned to be discontinued is fully described
in such application and petition, including specifically a
description of the beginning and termination of such road; that the
applicants have given notice by written advertisement of their
intended application and petition; that such written notice was
posted at the courthouse door of the County Courthouse of Kerr
County, Texas, Kerrville, Texas, and at two other public places in
the vicinity of the route of such road, the same being at the
beginning and termination of such road; that such written notice
was posted at said places more than at least twenty (20) days prior
to the date of the granting of this order; that such public road has
never been improved nor maintained by the County of Kerr nor has it
ever been opened or used by the public; that there is no public
necessity that such road, though originally dedicated to the public,
ever be or used as a public road; that the hereinafter described
road should be closed and discontinued; that all prerequisites of
law, whether mentioned specifically herein or not, have been duly
and timely complied with and that the following order should be entered,
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It is, therefore, ORDERED that the following described public
road be discontinued and closed, such road being 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:
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 Sehppard, et vir,
of Kerr County, Texas, recorded in Volume 4, page 33, of
the Easement Records of Kerr County, Texas, to which instru-
ment and its record reference is here made for all purposes.
The Commissioners Court of Kerr County, Texas, further finds
that Harriet L. Sheppard is the owner of the property on both sides
of a portion of the above described land and that such portion of the
above described land which adjoins her land should be conveyed to her,
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It is, therefore, ORDERED that the County Judge of Kerr County,
Texas, Julius R. Neunhoffer, be and he is hereby authorized and
empowered to execute and deliver to Harriet L. Sheppard for and in
behalf of Kerr County, Texas, a good and sufficient deed conveying
to the said Harriet L. Sheppard all the right, title and interest
and estate of Kerr County, Texas, in and 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 1}°ing 25 feet on each side of the centerline,
which is described as follows, to-wit:
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 curve;
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.
The Commissioners Court of Kerr County, Texas, further finds
that 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, and that such portion of the above
described land which adjoins their land should be conveyed to them,
It is, therefore, ORDERED that the County Judge of Kerr County,
Texas, Julius R. Neunhoffer, be and he is hereby authorized and
empowered to execute and deliver to Lavern ll. Harris and wife, Faye C.
Harris, for and in behalf of Kerr County, Texas, a good and sufficient
deed conveying to the said Lavern D. Harris and wife, Faye C. Harris,
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all the right, title and interest and estate of Kerr County, Texas,
in and 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;
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.
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