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RESOLUTION
REQUESTING THE TEXAS HIGHWAY COMMISSION TO DECLARE A CERTAIN
UNUSED PORTION OF FARM TO MARKET ROAD 1338 RIGHT OF WAY
_ SURPLUS AND TO CONVEY SAID PROPERTY TO THE AB TTIN ANDOWN R
WHEREAS, by deed dated January 23, 1952, recorded in Volume 93, at page 228
of the Deed Records of Kerr County, Texas, a certain 11.48 acre tract of land was
donated to the State of Texas by ELMER STIELER and wife, IRENE STIELER for the
construction of Farm to Market Road 1338;
WHEREAS, due to the relocation of a portion of said Farm to Market Road 1338
at its intersection with the newly constructed Interstate Highway 10 facility,
1.814 acres out of said 11.48 acre tract, said 1.814 acres being more particularly
described by metes and bounds in Exhibit "A" attached hereto, was removed from the
State Highway System by Texas Highway Commission Minute Order No. 66207 dated
May 1, 1972;
WHEREAS said 1.814 acre tract is no longer, needed for the use of citizens
as a road;
IT IS THEREFORE REQUESTED by the Commissioners' Court of Kerr County, Texas,
at its regular meeting, that the Texas Highway Commission pass an appropriate
Minute Order declaring said 1.814 acre tract of land to be surplus right of way
and thereby requesting the Governor of the State of Texas to execute a quitclaim
by and on behalf of the State of Texas, releasing all its right, title, and
interest in and to said tract of land back to said ELMER STIELER and wife, IRENE
STIELER, being the sole abutting landowners..
IT IS FURTHER REQUESTED AND RECOMMENDED by said Court that the usual procedures
in offering such surplus tracts for sale, preparation pf formal appraisals and
all other procedural requisites to the disposition of such property be in this
instance waived by the State, and that the said quitclaim be executed and delivered
to the said ELMER STIELER and wife, IRENE STIELER, without payment of fees or
other consideration by them or either of them.
PASSED AND APPROVED this ! L" day of ~~._~ 197+•
COMMISSIONERS' COURT OF KERR COUNTY,
BY: •
COUNTY JUDGE Julius eunhoffer
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Clinton M. Sallee
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ATTEST,~~~,~/~-' 5 - ~ ~ ~ ~'" :,lit-~:' C' y
~~ COUNTY CLERK
Emmie M. Muenker
2 -
EXHIBIT A
Being 1.814 acres of land, more or less, out of and a part of that certain
11.48 acre tract of land, said 1.814 acres being out of the Henry Fisher
Survey No. 565, Abstract No. 139, Kerr County Texas, said 11.48 acre tract
being the same land described in a deed from Elmer Stieler, et ux to State
of Texas dated January 23, 1952, recorded in Volume 93, Page 228, Deed
Records of Kerr County, Texas, said 1.814 acres being more particularly
described by metes and bounds as follows:
BEGINNING at the intersection of the Southeast Right of Way line of existing
Farm to Market Highway No. 1338 with the Northwest Right of Way line of
abandoned Farm to Market Highway No. 1338, said point being a concrete Right
of Way Marker, and being further described as being 62.80 feet at right angles
from Engineers Station 14+57.0 on the centerline of existing Farm to Market
Highway No. 1338;
THENCE North 55°53'48" East, with the Plorthwest Right of Way line of abandoned
Farm to Market Highway No. 1338 a distance of 799.42 feet to a point;
THENCE in a northeasterly direction along the arc of a circular curve to the
left having a radius of 532.96 feet, a distance of 117.44 feet, said arc having
a long chord of 117.20 feet bearing North 4y°35'03" East to a concrete Right
of Way Marker in the South Right of Way line of Interstate Highway No. 10,
and being further described as being ii41.0 feet at right angles from Engineers
Station 1053+23.0 on the centerline of existing Interstate Highway No. 10.
THENCE South 51°11'46" East with the South Right of Way line of Interstate
Highway No. 10, a distance of 80.22 feet to a point, said point being the
intersection of the South Right of Way line of Interstate Highway No. 10 with
the Southeast Right of Way line of abandor~ed Farm to Market Highway No. 1338;
THENCE with the southeast right of way line of abandoned Farm to Market Highway
No. 1338 in a southwesterly direction along the arc of a circular curve to the
right having a radius of 612.96 feet, a distance of 141.39 feet, said arc
having a long chord of 141.07 feet bearing South 49°17'19" West to a point;
THENCE South 55°53'48" West, 885.20 feet to a point;
THENCE in a southwesterly direction along the arc of a circular curve to the
left having a radius of 532.96 feet, a distance of 33.41 feet, said arc having
a song chord of 33.41 feet bearing South 54°06'02" West to a point, said point
being the intersection of the Southeast Right of Way 1'ene of existing Farm to
Market Highway No. 1338 with the Southeast Right of Way line of abandoned
Farm to Market Highway No. 1338;
THENCE North 21°40'38" East with the Southeast Right of Way line of existing
Farm to Market Highway No. 1338 a distance of 144.12 feet to the place of
beginning and containing an area of 1.814 acres of land, more or less.