• RESOLUTION N0. 13751 REQUESTING THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION :.~ _ TO DECLARE CERTAIN UNUSED PORTIONS OF F. M. HIGHWAY N0. 479 RIGHT `l/ OF WAY SURPLUS AND TO QUITCLAIM SAID PROPERTIES TO THE RESPECTIVE PRESENT ABUTTING LANDOWNER, WHEREAS, the County of Kerr is in the process of acquiring additional right of way for need improvement of F.M. Highway 47g north of Interstate Highway 10; and WHEREAS, in the A. P. Allison, et ux property, there will be relocation of existing F.M. Highway No. 479 which will create surplus right of way; and WHEREAS, at the completion of proposed highway improvements and opening to traffic, this surplus right of way will no longer be needed for use of citizens as a road; and WHEREAS, in all probability this surplus right of way will eventually be declared cancelled and abandoned by the State Highway and Public Transportation Commission; and WHEREAS, in negotiating for the acquisition of new right of way for the reconstruction of F.M. Highway No. 479, the County of Kerr desires to negotiate with A. P. Allison, et ux as part consideration for said required new right of way, the return of old right of way when declared surplus and abandoned; IT IS, THEREFORE, REQUESTED by the County of Kerr, at its regular meeting that the State Highway and Pu61ic Transportation Commission pass an appropriate Minute Order or Agreement providing for the future conveyance of said surplus right of way as described in attached metes and bounds in Exhibit "A". Surplus Tract Exhibit Abutting Landowner/Grantee 2.798 A A. P, Allison, et ux IT IS FURTHER RESOLVED AND RECOMMENDED, aforesaid premises considered, that as an exception to the usual established policies of the State Highway and Public Transportation Commission said grantees should not be required to pay any consid- eration and/or service fees to the State of Texas or the County of Kerr for the On motion by Commissioner Guthrie seconded l: reconveyance of said properties. Commissioner Garrett the foregoing is PASSED AND APPROVED THIS ~•.,~_ DAY OF } ~' ~ 1979• 3 ;~= ' T'n ...- D AI......4...F~...- ..,...,.., ~.,,.I,.,. WITNESS, our hands, on the day and year first above written. OWNERS Irene Allison A. P. Allison COUNTY OF KERR, TEXAS By: County Judge of Kerr County, Iexas ATTEST: County Clerk of Kerr County, Texas THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: By: Assistant Engineer-Director for Highways and Public Transportation Executed and approved for State Highway and Public Transportation Commission under authority of Commission Minute No. 70104. RECOMMENDED FOR APPROVAL Right of Way Engineer District Engineer "EXHIBIT A" FIELD NOTES THE STATE OF TEXAS TO A. P. ALLISON eeing 2.798 acres of land, more or less, said 2.798 acres tract being the same land conveyed unto the State of Texas from Ernest E. Sample dated August 13, 1948, recorded to Volume 84, Page 563 of the Deed Records of Kerr County, Texas, said 2.798 acres being, 0.576 acres out of the H. E. b W. T. R. R. Co. Survey No. 1848, Abstract No. 1452, and 2.222 acres out of the Socorro Farming Company Survey No. 10, Abstract No. 2015, said tract of land being more particularly described by metes and bounds as follows: BEGINNING at an interior fence corner of the 0. B. Walker property in the South right of way line of existing F.M. Highway No. 479, said point being South 01°28'00" West, 27.0 feet from a north property corner of the 0. B. Walker property; THENCE with'the West right of way Ilne of existing F.M. Highway No. 479 as follows: North O1°28'00" West, 709.87 feet, North 88°32'00" East, 70.00 feet to a point in the East right of way line of existing F.M. Highway 479, THENCE with the East right of way line of existing F.M. Highway No. 479 as foi lows: South O1°28'00" East, 175.00 feet, ' South Ol°59'06" East, 221.01 feet, South 13°59'44" East, 73.76 feet, South 33°55'48" East, 94.47 feet, South 53°01'40" East, 94.02 feet, South 72°01'23" East, 82.54 feet, South 82°49'10" East, 48.51 feet, North 88°53'00" East, 395.56 feet to a point at the intersection of the North right of way line of existing F.M. Highway No. 479 and the south right of way line of proposed F.M. Highway No. 479, THENCE with south right of way line of proposed F.M. Highway No. 479, South 75°13'02" East, 255.52 feet to a point at tiie intersection of the South right of way line of proposed F.M. Highway No. 479 and the South right of way line of existing F.M. Highway No. 479, THENCE with South right of way line of existing F.M. Highway No. 479 as follows: South 88°53'00" West, 787.30 feet, South 88°35'53" West, 11.72 feet to the place of beginning and containing an a roe of 2.798 acres of land moro or less.