STATE OF TEXAS
COUNTY OF KERR
ORDER NO. 14097
X
X
ORDER CLOSING ROAD
COMMISSIONERS' COURT
OF KERR COUNTY, TEXAS
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; 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
o£ 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 o£ 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 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;
-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 discontinuing and closing such OLD
ROAD, said roadway being additionally known as CLEAR
SPRING DRIVE; 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 Garrett , seconded by
Commissioner Speakmon , and unanimously approved by
the Court, the Commissioners' Court of Kerr County, Texas, accord-
ingly hereby ORDERS that such OLD ROAD, said roadway being addition-
ally 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 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. Neunho£fer
Prank Speakmon
Earl Garrett
Victor Lich
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.
Commissioners' Court of Kerr County, Texas
BY~ NlW~1 a ~~
us R. Neunhoffer, Couyf~y' Judge
County, Texas ~~ ~
ORDER NO. =4097
Order Closing Road -
Referred to as OLD ROAD;
said roadway being additionally
known as CLEAR SPRING DRIVE
8-11-1980
Vol. O, Pages j'96~98
No.
STATE OF TEXAS § COMMISSIONERS' COURT
§
COUNTY OF KERR § 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, 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, here-
inafter 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
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.
Respectfully submitted,
"~~,/ ~° r
<'
3.~~:~,:r ~)lt ~i ~~.u ,4-t~F ~ t ~ 7. ~~9. ~Y ~~~~, ~1Q.~it~- ~l'~
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EXHIBIT "A"
That certain roadway or easement reflected by plat of CLEAR
SPRING 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
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.
Filedl~D ~~..t. v_..~ r.D~.R/I~~~~~~ v ~ ~br~
Re: Order No. 14097
PETITION TO DISCONTINUE
ROAD - Referred to as OLD
ROAD - said. roadway being
additionally known as CLEAR
SPRING DRIVE
8-11-1980
Vol. O, Pages 595-596
AFE' fDAV T'l` OF POSTING NOTICE
C,'I'A'I'I' UP 'I'I:AAS 4
r,~ ~~ iiJ I'Y OI' KLItR §
HI;t'riRE ME, the und~ sic ned authority, 'on this day personally
,~ A ~
r I c ~~ ~ r~•~I ~ `G _ ~~D~;i~~.~ ~_. who, known to me to be
~ ,~ I>nt; :+ha•r~ of Kcrr County, Texas, and after being by me
t ri •t duly sworn, says on his oath:

"V. Ttrat I posted a true and correct copy of the Petition
I ~ Iii „'oncimte Road, hereto attached, at the following places,
t., wrt:
a. One (1) at Lire courthouse door of the County Courthouse
:.,I !'~~rr t~u~_Jnty, Texas, Kerrville, Texas.
h. cJne (1) aC. the bEginning of the county road described in
Ir.V,ihir "A" of such Petition To Discontinue Road; and
c)ne (1) at the termination of the county road described
,~h t~~~titi„n 'C~'= tii~,c:~ntinue koad. J~~~-
'it ,* said not ~.,:s were postr)d by me on the ~` day of
1 /
~~
1 ~~_ ~--~-i,...~ f ,~~Af~iant
~°'- _ - -_
Liitlu r 'heriff,
1 < rr t'ount:y, 'Pc:xas
~,~' i[t;rl~ ,+.: •'r.~ ~'rd 'i~, ItfLOFa: MF; by the said/ `~ ~/G
y ~ __~_.
/~G~%~~C`-`-,_ „n it~i:, tt ~.7._ day of ~CC_C~_ 1 80.
`~ ~,~ ~~
~ t. ~-,
u~t)ry Prblic in and fur
J,~~r r c'nrnt.y, Texas
C
AFFIDAVIT OF POSTING C1OTICE
Re: Order ido. 1409.7
Closing of Road - referred to
as OLD ROAD - said roadway
being additionally ]cnaan as
Clear Spring Drive
8-11-1980
Vol. O, Page. 596