~:'~ -1- STATE OF TEXAS X COMDIISSIONERS' COURT COUPITY OF KERB X OF KERR COUNTY, TEXAS PETITION TO DISCONTIP7UE ROAD TO THE HONORABLE COPIMISSIONERS' COURT OF KERR COUNTY, TEXAS: WHEREAS, there presently exists an easement and way of access lying in Precinct No. 1, 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, the only persons receiving any benefit of sole ingress and egress to and from their lands by virtue of such OLD ROAD are P. R. WALLACE and wife, JE[VEL [4ALLACE, and further such road constitutes an easement across their land thereby effectively denying them the use of the surface of the land which lies within the OLD ROAD, without any real benefit to others; AMID WHEREAS, it would be to the public interest to close and discontinue such OLD ROAD; 170['7 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 PETITIONERS, being at least eight (8) free- holders in and of the aforesaid precinct in which such OLD ROAD is desired to be discontinued hereby respectfully petition the Honorable Commissioners' Court of Icerr County, Texas, herein- after 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 occurring 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 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 here- of for a period of at least twenty (20) days, all as required by law. Each of 'the undersigned affirm that such person or entity is presently a freeholder of Commissioner's Precinct No. 1, :Cerr County, Texas. Respectfully submitted, 1. /s/ Mrs. Frank D. Jones 5. /s/ R. E. Hafley 2. /s/ Frank D. Jones 6. /s/ Miles J. Ruiz 3. /s/ Mrs. E. G. Rogers 7. /s/ Dorothy M. King 4. /s/ E. G. Rogers 8. /s/ C. L. Ford 9. /s/ J. R. Noble /s/ B. V. Robison /s/ Chesley Noble 10. /s/ Cleo D. Langridqe 11. /s/ Ronald D. Wallace /s/ Ann E. C7allace -2- DESCRIPTION OF 'OLD ROAD' That certain roadway or easement reflected by plat of Spicer Ranch recorded in Volume 3 at Page /56 of the Plat Records of Kerr County, Texas, to which instrument and the record thereof a~~ ~~ ~~~5 ''reference is here made for all purposes, and said roadway BEGINNING at a point in the center of a cul-de-sac, such point being the common corner of Lots 11, 12 and 5, and 6 as reflected on the aforesaid plat of said Spicer Ranch, and thence with the center line of said road South 75° 38' E. 369.09 feet to a point, and thence North 76° 43' E. 299.97 feet to the termination point of said roadway or easement situated in the center line of an existing roadway which extends in a southeasterly direction to the L4edina Highway. EXHIBIT "A" Original Petition filed 10th day of October A.D. 1977 (Posted on Bulletin Board in Court House) EMMIE M. MUENKER Clerk County Court, Kerr County, Texas By /s/ Dorothy L. Pfeiffer, Deputy (Copy of Petition Filed the 29th day of Aug. A.D. 1977 at 4:30 P.M.) EMMIE M. MUENKER 'Clerk, County Court, Kerr County, Texas By /s/ Dorothy L. Pfeiffer, Deputy THE STATE OF TEXAS X AFFIDAVIT OF POSTING NOTICE THE COUNTY OF KERR X BEFORE ME, the undersigned authority, on this day personally appeared John R. Alexander, 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 I posted a true and correct copy of the Petition To Discontinue 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 To Discontinue Road; and, c. One (1) at the termination of the county road described in such Petition To Discontinue Road. 2. That said notices were posted by me on the 1 day of Sept., 1977." /s/ John R. Alexander, Affiant Deputy Sheriff Kerr County, Texas S6VORN TO AND SUBSCRIBED before me by the said John R. Alexander, on this the 1 day of Sept., 1977. (Seal) /s/ Ray Daivs Notary Public, Kerr County, Texas My commission expires: 2-13-78 (Copy of Petition attached but not recorded - as it is recorded above) Filed 13th day of Sept. A. D. 1977 at 3:00 P. M. EMMIE M. MUENKER Clerk, County Court, Kerr County, Texas By /s/ Dorothy L. Pfeiffer, Deputy L. ~'"Y ORDER NO. 13127 STATE OF TEXAS X COMMISSIONERS' COURT COUNTY OF I:ERR X OF KERR COUNTY, TEXAS ORDER CLOSING ROAD WITEREAS, a Petition to discontinue and permanently to close a certain easement and ' ~• (, roadway now used as a public road in Precinct Tdo. 1 was previously filed with the Commission- ` ers' Court of Kerr County, Texas, pursuant to Article 6705, V.A.C.S., the road concerned 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 +ha ~"u'~ route of such OLD P,OAD, for a 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 at least eight (8) freeholders in and of the said Precinct in which such OL"D ROAD is desired to be discontinued; AND WHEREAS, such Petition specified the beginnin and termination of such road, all in compliance with Article 6705, V.A.C.S.; AND WHEREAS, ~he Commissioners' Court of Kerr County, Texas has conducted a full inve&t~.gation of the proposal stated in such Petition, as required by Article 6703, V.A.C.S.; AND 47HEREAS, 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' ourt of P,err County, Texas heretofore; NOW THEREFORE, BE IT REMEMBERED that on this 10th day of October, 1977 at a regular meeting of the Commissioners' Court of Kerr County, Texas, convened in accordance with all - 1 - required notices, procedure, and other legal requirements, the aforesaid Petition was duly considered by the said Commissioners' Court and the Commissioners' Court assembled by unanimous all consent of /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 ,?~ discontinuing and closing such OLD ROAD; and Y7 , 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 substantial- ly complied with; On motion by Commissioner Sallee, seconded by Commissioner Garrett, and unanimously approved by the Court, 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 a.entioned above, said Exhibit °'A" being 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. Ileunhoffer Earl Garrett Clinton M. Sallee Victor Lich Roger Stone The Clerk of the Court is further hereby ORDERED to insert this Order in its entirety in the minutes of the Commissioners' Court of Kerr County, Texas. SIGNED and ORDERED this 10th day of October, 1977. Commissioners' Court of Kerr County, Texas By: /s/ Julius R. Neunhoffer, County Judge, - 2 - Kerr County, Texas o-o-o-o-o-o-o-o--o NO. 13128 APPROVAL OF APPLICATIOII OF DORIS LEE SMITH, TAX ASSESSOR-COLLECTOR OF ICERR COUNTY, TEXAS, FOR APPOINTMENT OF PAULA M. RECTOR AS DEPUTY TAX ASSESSOR-COLLECTOR On this the 10th day of October 1977, came on to be considered by the Court, the application oŁ Doris Lee Smith, Tax Assessor-Collector, for authority to appoint and deputize