COURT RE-CONVENED April 13, 1973 at 10:00 o'clock A. M., with the following officers present: Julius R. Neunhoffer County Judge W. C. Schwethelm Commissioner Precinct No. 1 Clinton M. Sallee Commissioner Precinct No. 2 Adolph Bartel Commissioner Precinct No. 3 Roger Stone Commissioner Precinct No. 4 and the Court having duly opened, the following proceedings were had: STATE OF TEXAS ~ COMMISSIONERS' COURT COUNTY OF KERR ~ OF KERR COUNTY, TEXAS PETITION TO DISCONTINUE ROAD TO THE HONORABLE COMMISSIONERS' COURT OF KERR COUNTY, TEXAS: WHEREAS, there presently exists an easement and way of access lying in Precinct No. 2, in Kerr County, Texas, being more fully described by beginning point and terminating point in Exhibit "A" attached hereto and incorporated herein for all purposes, such way and road being presently utilized as a public road and hereinafter called the OLD ROAD; AND WHEREAS, such OLD ROAD has become inconvenient to use as a public road; AND WHEREAS, certain persons have constructed new roads and a new bridge in and across those lands known as CENTER POINT ESTATES, a subdivision in Kerr County, Texas, as reflect- ed by plats of said subdivision of record in the Plat Records of Kerr County, Texas, to which instruments and the record thereof reference is here made for all purposes, and such roads have been dedicated to public use; AND ~+iHEREAS, such new roads are more accessible and more convenient of use; AND WHEREAS, such new roads and new bridge provide more permanent access for all persons concerned and provide a more reliable means of ingress and egress to the lands lying to the East of CENTER POINT ESTATES; NOW THEREFORE, KNOW ALl MEN BY THESE PRESENTS: That pursuant to Article 6703, V.A.C.S. and Article 6705, V.A.C.S., each of the under- signed persons or entities, hereinafter called PETITIUNERS, being at least eight (8) free- holders in and of the aforesaid precinct in which such OLD ROAD is desired to be discon- tinued, hereby respectfully petition the Honorable Commissioners' Court of Kerr County, Texas, hereinafter called the COURT, to discontinue and permanently to close the above described and above mentioned OLD ROAD, and further to place this matter on the agenda of the Court for action at the first regular or special meeting of the Court occuring as soon as possible after expiration of twenty (20) days from the date of posting of this Petition. PETITIONERS further respectfully allege that such action by the Court would be expedient - 2 - and would better serve the public interest. Statutory notice of this Petition will be given by posting one copy of same at the Courthouse door of the County Courthouse, Kerr County, Texas, and further by posting one copy each at two (2) other public places in the vicinity of the route of such OLD ROAD, all for a period of at least twenty (20) days, and further by posting written advertisement hereof fora period of at least twenty (20) days, all as required by law. Respectfully submitted, eight (8) freeholders owning real estate in Commissioner's Precinct No. 2, Kerr County, Texas: 1. /s/ William H. Harris 2. /s/ Mr. & Mrs. Bill Lowrance 3. /s/ Mrs. C. E. Edens 4. /s/ C. E. Edens 5. /s/ Carl N. Langley 6. /s/ Walter Jeffers 7. /s/ Orbie C. Reeves 8. /s/ Hilmer Klein DESCRIPTION OF 'OLD ROAD` That certain roadway or easement (being the identical roadway and easement referred to in Item No. 3, on the fourth page of that certain Warranty Deed dated August 25, 1971, executed by Leon R. Turner, et al, and conveying certain lands to Ranchland Development Company, said Deed being of record in Volume 151, at Page 538, et seq. of the Deed Records of Kerr County, Texas, to which instrument and the record thereof reference is here made for all purposes), apparent on the ground and serving lands to the East of Original Survey No. 51, Benjamen Peck, Kerr County, Texas, and said roadway BEGINI~'ING at a point in the South line of Farm to Market Road No. 1350, and extending Easterly therefrom parallel and adjacent to the South bank of the Guadalupe River, crossing Verde Creek where such creek flows into the Guadalupe River on its South side, and continuing across the entirety of the North part of said Original Survey No. 51, for a total distance of approximately 6/lOths of a mile and ~~' TERMINATING at a point in the centerline of said roadway or easement situated approximately 45 feet, more or less, South 0° 16' S4" W, from the Northeast or lower river corner of said Original Survey No. 51. EXHIBIT "A" Filed the 13th day of April A. D. 1x73 EMMIE M. MUENKER Clerk, County Court, Kerr County, Texas By /s/ Dorothy L. Pfeiffer, Deputy THE STATE OF TEXAS ~ THE COUNTY OF KERR ~ AFFIDAVIT OF POSTING NOTICE BEFORE ME, the undersigned authority, on this day personally appeared JIMMY GIBBS, who, known to me to be a Deputy Sheriff of Kerr County, Texas, and after being by me first duly sworn, says on this oath: 1. That he posted a true and correct cogy of the Petition for Discontinuance of 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 of the county road described in Exhibit "A" of such petition for discontinuance of road; and, c. One (1) at the termination of the county road described in such petition for discontinuance of road. 2. That said notices were posted by me on the 21st day of March, 1973. /s/ Jimmy Gibbs /t/ Jimmy Gibbs, Affiant SWORN TO AND SUBSCRIBED before me by the said Jimmy Gibbs on this the 13th day of April, 1973. (Seal) /s/ Edgar A. Wallace Notary Public, Kerr County, Texas Filed 13th day of April A. D. 1973 ENR'IIE M. MUENKER Clerk County Court, Kerr County, Texas By /s/ Dorothy L. Pfeiffer Deputy AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS: THE COUNTY OF KERR: I, William E. Dozier, Jr., publisher of THE KERRVILLE TIMES, a newspaper published in the County of Kerr, State of Texas, do swear that the foregoing and attached citation was pub- lished in Kerrville, Kerr County, Texas, a newspaper of general circulation published regularly in said Kerr County, Texas for more than one year next before this date on the ~"G ~~~ ~. ~ following dates to wit: March 22, 1973 thru April 13, 1973 A printed copy of said writ as it was published is attached hereto as a part hereof. /s/ William E. Dozier, Jr. Publisher of THE KERRVILLE TIMES, KERR CO. KERRVILLE Sworn to and subscribed before me by the said William E. Dozier, Jr., Publisher, of THE KERRVILLE TIMES, on this the 13 day of April, A. D. 1973, to certify which witness my hand and seal of office. (Seal) /s/ Elsie Ann Moores Notary Public, Kerr County, 'T'exas. PRINTER`S FEE $585.50 Filed 13th day of April A. D. 1973 ~~ EMMIE M. MUENKER ~,~, Clerk County Court, Kerr County, Texas By fs/ Dorothy L. Pfeiffer, Deputy ORDER N0. 11839 S`1'ATE OF TEXAS ~ COUNTY OF KERR ~ SS COMMISSIONERS' COURT OF KERR COUNTY, TEXAS WHEREAS, a Petition to discontinue and permanently to close a certain easement and roadway now used as a public road in Precinct No. 2 was previously filed with the Commis- sinners' Court of Kerr County, Texas, pursuant to Article 6705, V.A.C.S., the road concern- ed being referred to in such Petition as the OLD ROAD; AND WHEREAS, such Petition has been duly posted at the Courthouse door of the County Courthouse of Kerr County, Texas, and at two (2} other public places in the vicinity of the route of such OLD ROAD, fora period of at least twenty (20) days prior hereto, and notice of such Petition has been given by written advertisement of the intended application for a period of at least twenty (20) days prior hereto, all in compliance with Article 6705, V.A.C.S.; AND WHEREAS, such Petition was duly signed by eight (8) freeholders in and of the said -- Precinct in which such OLD ROAD is desired to be discontinued; AND WHEREAS, such Petition specified the beginning and termination of such road, all in compliance with Article 6705, V.A.C.S.; AND `r7HEREAS, the Commissioners' Court of Kerr County, Texas has conducted a full investigation of the proposal stated in such Petition, as required by Article 6703, V.A.C.S.; AND WHEREAS, it has been determined that a suitable alternate route and roadway has been dedicated to public use as a public road and has been accepted by the Commissioners' - 1 - Court of Kerr County, Texas heretofore; NOW THEREFORE, BE IT REMEMBERED that on this 13th day of April, 1973 at the regular April 1973 Term of the Commissioners' Court of Kerr County, Texas, convened in accordance with all required notices, procedure, and other legal requirements, the aforesaid Petition was duly considered by the said Commissioners' Court and the said Commissioners' Court assembled by unanimous consent of all the Commissioners elected thereupon duly made the following findings: 1. That it would be expedient to discontinue and close such OLD ROAD; and 2. That the public interest will be better served by making such change and by dis- continuing and closing such OLD ROAD; and 3. That all requirements of the State of Texas both as to law and procedure and all prerequisites for the aforementioned change and discontinuance and closing of road have been duly met and that all such requirements have been substantially complied with; By the unanimous consent of all the Commissioners elected, the Commissioners' Court of Kerr County, Texas, accordingly hereby ORDERS that such OLD ROAD (being the identical roadway described in Exhibit "A" attached to the Petition mentioned above, said Exhibit "A" being here referred to and incorporated herein verbatim for all purposes) and any use thereof by the public shall be, and the same is hereby DISCONTINUED AND PERMANENTLY CLOSED from this time forward. The following members of the Commissioners' Court were present and each participated fully in all discussion, consideration, decision, and the final vote regarding the matters herein contained: Judge Julius R. Neunhoffer W. C. Schwethelm Clinton M. Sallee Adolph Bartel Roger Stone On Motion made by Commissioner Sallee, such Motion being seconded by Commissioner Stone, the above and foregoing Order was then unanimously APPROVED and ORDERED entered in the Minutes of the Commissioners` Court of Kerr County, Texas, together with the Petitioner's Original Petition to Close the aforesaid Road, the Affidavit of Posting, and the Affidavit of Publication thereof. SIGNED AND ENTERED this 13th day of April, 1973. /s/ Julius R. Neunhoffer /t/ Julius R. Neunhoffer, Judge of the Kerr County Court Filed 13th day of April A. D. 1973 EMMIE M. MUENKER Clerk County Court, Kerr County, Texas By /s/ Dorothy L. Pfeiffer Deputy o-o-o-o-o-o-o-o-o-o N0. 11840 APPROVAL OF APPLICATION OF E. A. SCHREIBER, SHERIFF, TO APPOINT EILEEN BROWN AS DEPUTY SHERIFF OF KERR COUNTY, TEXAS On this the 13th day of April 1973, came on to be considered by the Court the applica- tion of E. A. Schreiber, Sheriff, for authority to appoint and deputize Eileen Brown as Deputy Sheriff of Kerr County, Texas and it appearing to the Court that said application should be approved; therefore, upon motion made by Commissioner Schwethelm, seconded by Commissioner Sallee, the Court unanimously approved that said officer be authorized to deputize Eileen Brown as Deputy Sheriff of Kerr County, Texas and that her compensation remain the same as heretofore fixed as duties of Secretary. o-o-o-o-o-o-o-o-o-o COURT ADJOURNED April 13, 1973 at 10:50 o'clock A. M. o-o-o-o-o-o-o-o-o-o COURT CONVENED IN SPECIAL SESSION APRIL 24, 1973 at 9:05 o'clock A. M., with the following officers present: Julius R. Neunhoffer County Judge W, C, Schwethelm Commissioner Precinct No. 1 Roger Stone Commissioner Precinct No. 4 and the Court having duly opened, the following proceedings were had: 11841 N0./ APPROVAL OF PLAT OF CORONADO ESTATES, LOT 1, BLOCK 1 On this the 24th day of April 1973, upon motion made by Commissioner Stone, seconded by Commissioner Schwethelm, the Court unanimously approved the Plat of Coronado Estates, -2- r '~ ~~~' Lot 1, Block 1.