ORDER No, 13051 On this the 11th day of July A.D., 1977, at a regular meeting of the Commissioners Court of Kerr County, Texas, with a quorum present, came on to he considered by the Commissioners Court of Kerr County, Texas, at a regular term of such Court, the matter of the .?tpalication and Petition for Discontinuance of County Road heretofore filed by A. D. Werner, 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 least eight {R) freeholders in the precinct in which the hereinafter mentioned road is located; that the public road petitioned to be discontinued is fully described in such appli- cation and petition, including specifically a description of the beginning and termination oŁ such road; that the applicant has given notice by v;ritten advertisement of his intended application and petition- that such written notice was Hosted at the court- house 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 that at least twenty (20) days prior to the date of the granting of this orders that P.. D, ia'erner is the owner of all of the pro- perty on both sides and at the end of the hereinafter described public road; that there is no public necessity that such road be used by the public by reason of the fact that said road is wholly within the lands owned by A. D. Plerner; and that said 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 tt.Zat the follocaing order should be entered, -1- It is, therefore, OP.DFRED that the following described public road be discontinued and closed, such road being more fully described as follows, to-wit: County road enters 71 Ranch near the Kerr-Band.era Countt~ line in Kerr County, said entrance point being approximately S 30° 17' 32" E, 4589 feet from the Pdorth corner of Survey No. 1308, T, L. Y,eese, Abstract No, 589, County road passes through the 71 Ranch in a Northwesterly direction and leaves the 71 Ranch at a gate entrance into the former Jep White Ranch, said gate being approximately N 32° 13' S4" W, 24G2 feet from aforesaid North corner of Survey Ado. 1308, The Commissioners Court of Kerr County, Texas, further finds that said road is wholly within the lands owned by A. D. Werner and that said above described land should be conveyed to him. It is therefore, ORDERED that the County Judge of Kerr County, Texas, Julius R. Neunhoffer, be and he is hereby authorized and empomrered to execute and deliver to A. D. Werner for_ and in beha]_f of Kerr County, Texas, a good and sufficient deed conveying to the said A. D. Werner all the right, title and interest and estate of Kerr County, Texas, in and to the follotiainq described property, to-wit: County road enters 71 Ranch near the Kerr-Bandera County line in Kerr County, said entrance point being approximately S 30° 17' 3?" E, 4589 feet from the North corner of_ Survey No. 1308, T. L. Keene, F,bstract Ado, 58`7. County road passes through the 71 ['inch in a Northwesterly direction and leaves the 71 Ranch at a gate entrance into the former Jep White Ranch, said gate being approximately N 32° 13° 54" [4, 2462 feet from aforesaid North corner of Survey tdo. 1308. Motion made by Commissioner Garrett, seconded by Conunissioner Sallee and unanimously approved by the Court. ~~_ F.DC~AR A. WALLACF, ATTORNEY AT LAW 406 Main Street KEARVILLE, TEXAS 78028 August 29, 1977 ASSOCIATE: TELEPHONE: M. Scott Stehling AC 512-257b041 AC 512-8963811 Miss Fmmie Muenlcer County Clerk Kerr County Courthouse Kerrville, Texas 78028 Re: Petition to Close Road in Spicer Ranch Estates Dear P1iss Muenlcer: P,nclosed herewith is copy of Fetition to Discontinue Road which Article 6705 provides shall be filed with the Commissioner's Court. The Fetition must be posted for twenty (20) days and I have already requested Sheriff Fields to take care of this matter as indicated by copy of letter to him enclosed herewith. In the meantime I would appreciate your filing or holding this Petition for the Commissioner's Court to consider at the first meeting possible after the twenty days has expired. Thank you f_or your assistance. Very truly yours, Edga A. Wallace }vt~l"D EAW/jws enclosures cc: Mr. and P'Irs. P. R. b~7a11ace 150 Canyon Road Kerrville, Texas 78028 EDGAR A. WALLACPt, ATTORNEY AT LAW 406 Main Street K ERRVILL E, TEXAS 78026 August 29, 1977 ASSOCIATE: TELEPHONE: M. Srott Stehling AC 512-259-b071 AC 512-8963811 Sheriff Paul Fields Kerr County Courthouse Kerrville, Texas 78028 Re: Petition to Close P.oad in Spicer Ranch Estates Dear Sheriff Fields: Enclosed herewith are three copies with original signatures on each of Petition to Discontinue Road. One must be posted at the beginning of such road and another at the end of such road and the third at the Courthouse door. When this has been done, the Deputy who does the posting should sign the Affidavit of Posting ?Notice which I also enclose before a Notary Public and have the P'otary complete the oath. If the Deputy will simply call my office I will be glad to assist in completing this affidavit as soon as the posting has been performed. Please call Mr. P. R. Wa1.lace at 257-4684 and who lives at 150 Canyon Road in Spicer Ranch Estates to have him show you exactly where the road lies that all the people there want to close. Please be sure to call my office if you have any problem whatsoever on this. Thant: you for your assistance, F.AW/ jws enclosures cc: P1r. & Mrs. P. R. Wallace 150 Canyon Road Ierrville, Texas 78028 Miss Emmie Muenker County Cleric Kerr County Courthouse Kerrville, Texas 78028 Very truly yours, Edgar A. [dallace THE STATE OF TEXAS 3 COUNTY OF I:E1?P, § PETITION FOjt DISCOLITITIUANCE OF COUNTY ROAD TO THE HONORABLE ~COLD•SISSIONERS COURT OF iCERR COUNTY, TEXAS: CON'.ES T.dOW, A. D. ?^7erner of the County of Kerr, State of Texas, and respectfully file this his application and neti_ti.on, pursuant to t_he provisions of .Art. 6705 V.T.C.S., si.aned by at least eight (s3) freeholders in the precinct in cahich the hereinafter mentioned road is located, to discontinue the public road more fully hereinafter described including specificall~~ a description of the beninning and termination of such road, after the expiration o` at least twenty (20) days notice by written advertisement of applicant's intended application, posted at the courthouse door of Kerr County, Texas, and at two other public places in the vicinity of the route of such road, and for such application and petition your applicant ~sould respectfull~~ show to the Commissioners Court of Kerr County, Texas, that he is the owner of all of the property on both sides and at the end of the hereinafter described public road: that there is no public necessity that such road be used by the public by reason of the fact that said road is wholly within the lands owned by P.. D. T4erner; and that the same should be closed and discontinued. The public road which your applicant desires to be discontinued and closed is more fully described as follows, to-w.it: Count<~ road enters 71 ranch near the I:err-Bandera Count~_~ line in Kerr Count, ~, / ~~~ ~ ~ ' ~ ,R, ,. ~ ,~ ~~ ' ~ (t _,~.-{ mil' ~ .~ „ ~;, ~ ;, Filed.c~`~~1y of __ /~sA.D. 19 r EMMT ; T.1. MU , ER 2x" `f - ~3='~ L7 ~J~ ClerJ ountl~Cou , K o , Test $YLS. Cs' ~ D_9'PntY - 2 - I r 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 reference is here made for all puxposes, 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 Medina Highway. EXHIBIT "A"