THE STATE OF TEXAS § AFFIDAVIT OF POSTING NOTICE THE COUNTY OF KERR § BEFORE ME, the undersigned authority, on this day personally appeared /+H ~ Q-~{i~« ./' d~ 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 Hosted 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 des- cribed 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 day of -_~- 1977." eputy Sher it Y_ err County, Texas ~~ ~~;;~ 4 S1jIORN TO f~ND SUBSCRIBED before me by the said Q~tpg~ ~l K / ~„ , on this the _~_ day of Sto ~-- 977. r '. - , Y . ~.: ~ . Gt.J ~j T_dotary blic, Kerr County, Texas Toy commission expires: Z-/3-7,~ TTFpr.:~t.~ AT' L.AW 406 hlyin 5uett Y EKKVt1 LE, TLXAS 78028 STATE OF TEXAS § COMMISSIONERS' COURT COUNTY OF KERR § OF KERR COUNTY, TEXAS PETITION TO DISCONTINUE ROAD TO THE HONORABLE COP'Il~ISSIONERS' 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 FTY.EREAS, 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. ~JALLACE and wife, JE6TEL [JALLACE, 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; AND [:~izEREAS, it would be to the public interest to close and discontinue such OLD ROAD; P]OW 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 undersigned persons or entities, hereinafter called PETITIONERS, being at least eight (8) freeholders in and of the aforesaid precinct in which such OLD ROAD is desired to be discontinued, hereby respectfully petition the Honorable Commissioners' Court of Kerr County, Texas, hereinafter called the COURT, to dis- continue 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. - 1 - 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 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, Kerr County, Texas. Respectfully submitted, ~~y ~ 1 ~_ -~ ~., 1 ~'~ I i 3. ~ ~ ~., 4. I ~. - ,, c' J~~l* ~ ~ ^ ~% ~l~r ~ ~/ _ ~. L: -7 ~=-a~ ~ 2C ~l / 7 ~~ J/ //j / n ~ //~~, ~t ` ~ -~; _ ~? ~, :'~ -7_ ~~ ~- ,% ~~ /. , // ~_ ~'_ Y / ~~ ~~ r i ' t ~1 - 2 - DESCRIPTION OF 'OLD ROAD' 1-hat 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 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'F.. 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 Medina Highway. EXHIBIT "A" AFFIDANOTZOCE POSTING pETTTZON TO DISCONTINUE 1t0AD ~;~~ F" ~ ~ , ~LY¢xas ~ ~~ .WAx,T,ACE ICDQ AT'PORNEY AT LAp' A06 Ma'TE7(AS8028 KgR¢VILLE, ~uD(3AR A. WALLACF ATTORNEY AT LAW 406 Main Stree[ KERRV[LLE, TEXAS 78028 ASSOCIATE: M. Scott Stehling September 16, 1977 Judge Julius R. Neunhoffer County Judge Kerr County Courthouse Kerrville, Texas 78028 TELEPHONE: AC 512-257-6041 AC 512-8963811 Re: Petition to Close Road in Spicer Ranch Estates Dear Judge iVeunhoffer Enclosed herewith is original Order Closing Road in the above matter which T understand will be presented to the Commissioners' Court for action on October I0, 1977. Please confirm to my office the date the Order is signed. Thank you for your assistance. EAW/jws enclosure cc: Mr. & Mrs. P. R. 150 Canyon Road Kerrville, Texas Very truly /y~~ou~/rs~~~~ . f`//f~iG~fr F•d a A. Wallace Wallace 78028 ~, i _ " ~ ? ~ ~, t, "'r\., a~ ~'°• L' ,. `~ 5~`,.1 .. `~ ~. ~~ ~ . ~ ' '~ §~ ORDER NC . 1 41 7 STATE OF TEXAS § COMMISSIOb1ERS' COURT COUNTY OF KERR § OF KERB COUNTY, TEXAS ORDER CLOSING ROAD WHEREAS, a Petition to discontinue and permanently to close a certain easement and roadway now used as a public road in Precinct No. 1 was previously filed with the Commissioners' 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; APID WHF,REAS, 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 o£ such OLD ROAD, 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 nLD 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 WHEREAS, 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' Court of Kerr County, Texas heretofore; NOW THEREFORE, PF I'" RI"_"?FM$ERED that on this 10th day of October 1977 at a regular/sms~~Y~} meeting of the Commissioners' Court of Kerr County, Texas, convened in accordance with all required notices, procedure, and other legal requirements, the - 1 - aforesaid Petition was duly considered by the said Commissioners' Court and the 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 discontinuing 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 afore- mentioned change and discontinuance and closing of road have been duly met and that all such requirements have been substantially complied with; On motion by Commissioner Sallee seconded by Commissioner r:a rra++ , 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 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 foxward. 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 Earl Garrett Clinton M. Sallee Victor Lich Roger Stone T.he 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 Y.err County, Texas i- R, I`~ , Tay: i.! ,,. ~;} 1 b v `rf ulius R. eunho er, ~ ty udge, Kerr County, T~lc$s - 2 -