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NO. 14096 SALARY INCREASE FOR DISTRICT COURT REPORTER OF THE 216TH JUDICIAL DISTRICT 1''
On this the 11th day of August 1980, upon motion made by Commissioner Speakmon, seconded
by Commissioner Lich, the Court unanimously approved a salary increase for the District Court
Reporter, Aderle Herring, of the 216th Judicial District, from $6,090.00 per annum to $6,525.00
per annum, effective September 1st, 1980, for Kerr County's proportion.
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No.
STATE OF TEXAS X COMMISSIONERS' COURT
COUNTY OF KERB X OF KERR COUNTY, TEXAS
PETITION TO DISCONTINUE ROAD
TO THE HONORABLE COMMISSIONERS' 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 JERRY PFIESTER and wife, CAROLYN PFIESTER; J. C.
DUSTON and wife, MARJORIE DUSTON; PAT COLVETT; and CALALLEN REALTY and further such road
constitutes an easement across their land thereby effectively denying them the use of the
surface of the road which lies within the OLD ROAD, without any real benefit to others; and
WHEREAS, it would be to the public interest to close and discontinue such OLD ROAD:
NOW, THEREFORE, KNOLV 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 Kerr County, Texas, herein-
after calle the COURT, to discontinue and permanently 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 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.
1. Clifford D. England
2. Helen M. England
3. Mr. & Mrs. Wm. Keller
4. Mr. & Mrs. Roy Wilson
Respectfully submitted,
5. Mr. & Mrs. Bobby C. Keller
6. Mr. & Mrs. Wesley Grobe
7. Mr. & Mrs. Gary Bird
8. Mr. & Mrs. Richard Saunders
Mr. & Mrs. 6V. H. Nelms
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~~ EXHIBIT "A"
ij
That certain roadway or easement reflected by plat of CLEAR SPRItdG RANCHES, NUMBER 1, recorded
in Volume 3, at Page 61 of the Plat Records of Kerr County, Texas, to which instrument and
its record reference is here made for all purposes, said roadway being additionally known as
'Clear Spring Drive, and
d.
BEGINNING at a point, such point being the N. E. corner of Lot No. Five (5), and the N. W.
corner of Lot No. Six (6), as reflected on the aforesaid plat of said Clear Spring Ranches,
Number 1;
THENCE with the centerline of said roadway, S. 21° 58' W., 553.6 ft. to the termination point
of said roadway or easement, said point being the S.E. corner of Lot No. Six (6) and the S.W.
corner of Lot No. Five (5) as reflected on the aforesaid plat.
'; Filed 17th day of July A.D. 1980 at 2:30 o'clock P.M.
EiHA1IE M. MUENKER
Clerk County Court, Kerr County, Texas
By /s/ Dorothy L. Pfeiffer, Deputy
AFFIDAVIT OF POSTING NOTICE
• STATE OF TEXAS X
~ COUNTY OF KERB X
BEFORE ME, the undersigned authority, on this day personally appeared Ray Holliman,
who, known to me to be a Deputy Sheriff of Kerr County, Texas, and after being by me first
duly sworn, says on his 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; and
2. That said notices were posted by me on the 17th day of July, 1980."
/s/ Ray Holliman, Affiant
Deputy Sheriff,
Kerr County, Texas
SUBSCRIBED AND SWORN TO BEFORE ME by the said Ray Holliman on this the 17 day of July,
1980.
(Seal) /s/ Evelyn Oates
Notary Public in and for Kerr County,
Texas
Filed 11th day of Aug. A.D. 1980
EMMIE M. MUENKER
Clerk County Court, Kerr County, Texas
By /s/ Dorothy L. Pfeiffer Deputy
ORDER NO. 14097
STATE OF TEXAS X COMMISSIONERS' COURT
COUNTY OF KERB X OF KERR 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
~9 i
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; said roadway being additionally known as CLEAR SPRING
DRIVE;
AND WHEREAS, such Petition has been duly posted at the Courthouse door of the County
Courthouse of Kerr County, Texas, and at (2) other public places in the vicinity of the
route of such OLD ROAD, said roadway being additionally known as CLEAR SPRING DRIVE, 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 OLD ROAD, said roadway being additionally known as CLEAR
SPRING DRIVE, 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 L+IIiEREAS, the Commissioners' Court of Kerr County, Texas has conducted a full investi-
gation 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;
-1-
NOW THEREFORE, BE IT REMEMBERED that on this 11th day of August, 1980 at a regular meeting
of the Commissioners' Court of Kerr County, Texas, convened in accordance with all 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 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, said roadway
being additionally known as CLEAR SPRING DRIVE; and
2. That the public interest will be better served by making such change and by dis-
continuing and closing such OLD ROAD, said roadway being additionally known as
CLEAR SPRING DRIVE; and
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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 substantially complied
with;
On motion by Commissioner Garrett, seconded by Commissioner Speakmon, and unanimously
approved by the Court, the Commissioners' Court of Kerr County, Texas, accordinglLL~ hereby
ORDERS that such OLD ROAD, said roadway being additionally known as CLEAR SPRING DRIVE (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 PERMANENTLX
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
Frank Speakmon
,_, Earl Garrett
Victor Lich
Neunhoffer
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 11th day of August, 1980.
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Commissioners' Court of Kerr County, Texas
By. /s/ Julius R. Neunhoffer
/t/ Julius R. Neunhoffer, County Judge
Kerr County, Texas
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NO. 14098 ORDER AUTHORIZING COUNTY JUDGE TO EXECUTE A QUITCLAIM DEED AS TO CERTAIN LANDS
OUT OF SURVEY NO. 565, HENRY FISHER IN SETTLEMENT AND COMPROMISE AS TO THE
LOCATION OF A PORTION OF RIGHT OF WAY OF THE HOLLOMAN ROAD IN PRECINCT NO. 4
On this the 11th day of August, 1980 came on to be heard and considered by the Court
the matter of authorizing the County Judge to execute a certain quitclaim deed as to a
portion of the controverted right of way of the Holloman Road, a public road in Precinct No.
4 of Kerr County, and it appearing to the Court that Elvin D. Shoemake and wife, Elva
Shoemake, acting by and through their attorneys of record, have reached an agreement of
settlement and compromise with the Commissioner of Precinct 4 for the purpose of establishing
the south right of way line of the Hollomon Road which abuts the north line of the Shoemake
property and at a point commencing in the east right of way line of F. M. Road 1338; and it
further appearing to the Court that the said Elvin D. and Elva Shoemake have executed a "'-
special warranty deed to Kerr County as to a certain parcel of land comprising 0.40 acres
of land more or less out of Surveys 565, Henry Fisher and 1841 J. M. Saunders, which deed
has been filed for record in Volume 237, page 303 of the Kerr County Deed Records; it is
ordered on motion by Commissioner Lich, seconded by Commissioner Garrett and unanimously
approved by the Court that the County Judge of Kerr County be directed and authorized to
execute Kerr County's quitclaim deed to Elvin D. Shoemake and wife, Elva Shoemake, as to
a 28 foot wide strip of land out of Survey 565, Henry Fisher, as described in a certain ;t
ratification and confirmation deed to Kerr County executed on July 20, 1979 by Elmer Stieler
and wife, Irene Stieler and recorded in Vol. 224, page 515 of the Kerr County Deed Records,
save and escept as to the following:
1. That portion of the 0.40 acre tract of land described in the deed from Elvin D.
Shoemake and wife, Elva Shoemake to Kerr County which is contained in and lies within the
boundaries of the said 28 foot strip of land described in Volume 224, page 515 of the Kerr
County Deed Records.
2. That portion of the said 28 foot wide strip oŁ land, if any, lying to the north
of the north line of the said 0.40 acre tract of land described in Volume 237, page 303 of
the Kerr County Deed Records.
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NO. 14099 ACCEPTANCE OF 1979 AUDIT BY PRESSLER, THOMPSON AND COMPANY AND AUTHORIZATION FOR
PAYMENT
On this the 11th day of August 1980, upon motion made by Commissioner Speakmon, seconded
by Commissioner Garrett, the Court unanimously approved acceptance of the 1979 Audit by
Pressler, Thompson and Company,of Kerr County Records, in the amount of $17,976.25.
It is ordered by the Court that the Auditor and Treasurer be authorized to draw a
voucher on the General Fund, payable to Pressler, Thompson and Company in the above amount.
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