AFFIDAVIT OF POSTING NOTICE THE STATE OF TEXAS COUNTY OF KERB BEFORE ME, ly appeared( me to be a ) ,~ o V)i_~ X X undersigned authority, on this day personal- t /1 /~ after being by me first who, known to ,~ of Kerr County, Texas, and sworn, says on his oath: "1. That I posted a true and correct copy of the Notice and 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, Kerrville, Texas. b. One (1) at the beginning of the County Road described in the Petition to Discontinue Road, and c. One (1) at the termination of the County Road described in such Petition To Discontinue Road. d. That said notices were posted by me on this the ~ day of November 1980." Texas SUBSCRIBED AND SF7ORN TO BEFORE P7E by the said ~~ ~ ~.~ on this the .7~~ay of ~c~7~ember 1980. ~' "( :> Notar ublic in and for Kerr v,' Coun y, Texas :~ ~. ~a~~' ,. ~~~ ,. ~. z~~ ~yJ!`2~y~~ nl l/ NOTICE OF APPLICATION THE STATE OF TEXAS THE COUNTY OF KERR X X Notice is hereby given that application will be made to the Commis- sinners' Court of said county at the December term, to be holden at the courthouse thereof on the 8th day of December, 1980, for the discontin- uance of a portion of Eddins County Road beginning at the Southwest end of a County road serving Sunset Cemetery, thence passing generally in a westerly direction, crossing Johnson Creek and Spring Branch to ap- proximately the North corner of Survey No. 655, C. P. Smith, the ter- minus of said road, in precinct No. 4 in said county. Dated the y'~` day of :'~f-e c'_.<~~>",f<' c 1980. ~r/,~-_ ~2s ~ J~~i .,f /nv .Y.,~ ~~ ~,~~~ /J~ J / ~~`L' ~ T,-- ~~ ~J ~ _ _ - - -- ~y,~~~, c~z2- ` ~~' ~ ~ APPLIt'A'I'lOt] 'CO D1SC(iN'CINUI~I PORTION OI' P:DDINS ROAD TIIE STATE OF TEYAS X THE COUNTY OP I:ERR X TO TIIli fIOPJOI2ABLE COMI~SISSIONERS' COURT OF SAID COUNTY: The Undersigned freeholders in precinct No. 4 in said County, citi- zens of said precinct and county, represent that for the convenience of themselves and of the public generally they desire that a portion of Eddins County Road be discontinued, beginning at the Southwest end of a County road serving Sunset Cemetery, thence passing generally in a westerly direction, crossing Johnson Creek and Spring Branch to approxi- mat-e1y the North corner of Survey No. 655, C. P. Smith, the terminus of said road. The same is more fully defined by a centerline descrip- tion contained in instruments recorded in Volume 8, Pages 146, 155, and 159, Kerr County Easement Records. Said road has been largely destroyed by flood waters at and pass- ing along the Southwest side of Johnson Creek, and the original need for said road has ceased to exist. The discontinuance of said road would relieve the precinct of the obligations of maintaining the appro- ximate 1 mile of the same requested to be closed. ' / f 'f //. f _ •G•i ~ V~ ~. , t4~ ,~ ) ~.'~ /! ~.. 7 / ,: r ~l (C Jet ~ ~~ ,~ ~ ,'c, /c,L ,~, ' l / f. ~' i~~ j--; f ~'! ~~: YC ~~~~ /f:'~"/ s~ ~. Filed.fl.~ay oL _.::~ A D.19~i~ EMMIE M. MUENKER Cler unt ~ Teza~ By - pt[ty JC. Uc° APPLICATION TO DISCONTINUE PORTION OF EDDTNS ROAD THE STATE OF TEXAS X THE COUNTY OF KERR J( TO THE HONORABLE COMMISSIONERS' COURT OF SAID COUNTY: The Undersigned freeholders in precinct No. 4 in said County, citi- tens of said precinct and county, represent that for the convenience of themselves and of the public generally they desire that a portion of Eddins County Road be discontinued, beginning at the Southwest end of a County road serving Sunset Cemetery, thence passing generally in a westerly direction, crossing Johnson Creek and Spring Branch to approxi- mately the North corner of Survey No, 655, C. P. Smith, the terminus of said road. The same is more fully defined by a centerline descrip- tion contained in instruments recorded in Volume 8, Pages 146, 155, and 159, Kerr County Easement Records, Said road has been largely destroyed by flood waters at and pass- ing along the Southwest side of Johnson Creek, and the original need for said road has ceased to exist, The discontinuance of said road would relieve the precinct of the obligations of maintaining the appro- ximate 1 mile of the same requested to be closed. ~~ ~ n D ~w mow, ..~ C~ -Z.~ , ~ ~ / U1/~ ~l~J e AX.~ /.Lil .~ - ' ~ ~ t- % i :l n , t:r, gin. ;.,,,_:.7FCFR ~~= `f~' 11~.Y7j, ~,';_~y~ ._:~n:.~ ~i::.~ur` K~-r :o . Tnus Hy ~Pti9 ~ ~ -Order ido. 14197 Re: Eddins County Road Notice of Application Application to Discontinue Portion of Eddins Road Sheriff's Affidavit of Posting Notice and Order Closing Part of Eddins County Road NOTICE OF APPLICATIOP7 THE STATE OF TEXAS THE COUNTY OF KERR X X Notice is herebX given that application will be made to the Commis- sinners' Court of said county at the December term, to be holden at the courthouse thereof on the 8th day of December, 1980, for the discontin- uance of a portion of Eddins County Road beginning at the Southwest end of a County road serving Sunset Cemetery, thence passing generally in a westerly direction, crossing Johnson Creek and Spring Branch to ap- proximately the North corner of Survey No. 655, C. P. Smith, the ter- minus of said road, in precinct No. 4 in said county. Dated the _~ ~` day of i~~,~ ~''~~~r.a,. ,r. zy.ez~-9: s~o e1,ir~i' Bw!~~~ ~~~~~~..O_~'bepacr ~~~~~~ ~ .% - , ~J ~/ -~ Vii:, ft-lx , -*~, ~ c% ORDER NO. 14197 STATE OF TEXAS X COMMISSIONERS' COURT COUNTY OF KERR X OF KERR COUNTY, TEXAS ORDER CLOSING PART OF EDDINS COUNTY ROAD WHEREAS, a Petition to discontinue and permanently to close a certain easement and roadway heretofore held as a public road in Precinct No. 4 was 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 part of the Eddins County Road, and described as beginning at the Southwest end of a County road serving Sun- set Cemetery, thence passing generally in a westerly direction, crossing Johnson Creek and Spring Branch to approximately the North corner of Survey No. 655, C. P. Smith, the ter- minus of said road, and such road being more fully defined by a centerline description contained in instruments re- corded in Volume 8, Pages 146, 155, and 159, Kerr County, Easements Records; AND WHEREAS, 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 of such EDDINS ROAD, for a period of more than twenty (20) days prior to hearing on such petition, 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 part of EDDINS ROAD is located, and the same properly describes the beginning and ter- minus of such road; 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 the Court has determined that such road has been largely destroyed by flood waters on the south side of Johnson Creek, is no longer needed for its original or any other public purpose, so'that the Precinct should be relieved of any further duty of repair and maintenance; NOW THEREFORE, BE IT that on this 8th day of December, 1980, at a regular meeting of the Commissioners' Court of Kerr County, Texas, convened in accordance with all 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 all prerequisites of the law respecting the dis- continuance and closing of a County Road have been complied with. 2. That no protest or contest of the petition for such closing has been made by any person, either in writing or in person. 3. The original need and purpose for said road has ceased to exist, and no public purpose is now served thereby. 4. Such portion of Eddins County Road is in a severe state of disrepair, and Precinct No. 4 should be relieved of all obligation for repair and/or maintenance. On motion by Commissioner ~yytl„-;A seconded by Commissioner Speaktmn and unanimously approved by the Court, the Commissioners' Court of Kerr County, Texas, accordingly hereby ORDERS that the part of EDDINS COUNTY ROAD as above described be, and the same is hereby CLOSED AND DISCONTINUED and any use thereof by the public is hereby DISCONTINUED from this time forward. All rights therein hereto- fore possessed by the County and the public generally are extinguished, and shall vest in any appurtenant owner as at Common Law. 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 Frank L. Speakmon Victor Lich Billy Joe Guthrie, Jr. 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 8th day of December, 1980. us R. NeunnoYier, c.,~u~ty ~uage, County, Texas (, Order Tdo. 14197 ORDER CLOSIiQG PART OF EDDINS COUNTY ROAD 12-8-1980 Vol. 0, Pages 632-633