STATE OF TEXAS X COMIIISSIOIdERS' COURT
COUiQTY OF KERR 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. 4, 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 LVHEREAS, 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 is S. H. LANCASTER also known as HOLLIS S. LANCASTER, and further
such road constitutes an easement across his land thereby effectively
denying him the use of the surface of the land which lies within the
OLD ROAD, without any real benefit to others;
Ai1D WHEREAS, it would be to the public interest to close and
discontinue such OLD ROAD;
r
IVOtid 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 hereinafter called
PETITIONERS, being at least eight (8) freeholders in and of the afore-
said precinct in which such OLD ROAD is desired to be discontinued,
hereby respectfully petition the Honorable Commissioners' Court of
Kerr County, Texas, hereinafter called the COURT, to discontinue and
permanently to 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
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as possible after the 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 shall be given by posting
one copy of same at the Courthouse door of the
Kerr County, Texas, and further by posting one
(2} other public places in the vicinity of the
ROAD, a1,1 for a period of at least twenty (20}
posting written advertisement hereof for a per
(20} days, all as required by law,
County Courthouse,
copy each at two
route of such OLD
days, and further by
iod of at least twenty
Each of the undersigned affirm that such person or entity is
presently a freeholder of Commissioners' Precinct No. 4, Kerr County,
Texas,
Respectfully submitted,

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DESCRIPTION OF OLD ROAD
EXHIBIT "A"
That certain tract or parcel of land conveyed to Kerr County,
Texas, for and on behalf of the Public for road and right-of-
way purposes, being situated in the County of Kerr, State of
Texas, and described as follows:
Out of Survey 1353, J. Gregg, about nine miles west of Kerrville,
its County Site.
BEGINNING at the DTVJ corner of the Franke 2 acre tract out of Survey
1353, J. Gregg, the same being S 12 degrees E 399.2 varas and S 73
degrees 30' W 4 varas from the most easterly N corner of Survey 1353,
J. Gregg;
THENCE S 18 degrees 30' E 106 varas to fence corner;
THENCE N 20 degrees 31' W 106.1 varas to a stake in the N line of
said Franke 2 acre tract;
THENCE N 73 degrees 30' E 4 varas to the point of BEGINNING, con-
taining 0.04 acres of land; and being the same and identical pro-
perty conveyed by W. J, Franke and wife, Margaret Franke, to Kerr
County by Deed dated the 23rd of May, 1946, and found of record in
Volume 79, Page 621, Deed Records of Kerr County, Texas, to which
record reference is here made for all purposes.
~il~~~ y of. C.l~ . A. D. 19_~ ~ ,
Cle ~ unty 'uu2 Kea ' n ex a~
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RE: ORDER ~k14507
PETIT ION TO DISCONTINUE ROAD
AFFIDAVIT OF POSTING NOTICE
ORDER CLOSING ROAD
Re: OLD ROAD - S. H. Lancaster
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ORDER N0. 14507
STATE OF TEXAS X
COUNTY OF KERR X
COP~IMISSIONERS' COURT
OF KERR COUNTY, TEXAS
ORDER CLOSING ROAD
WHEREAS, a Petition to Discontinue and permanently close a
certain easement and roadway now used as a public road in Precinct
No. 4 was previously filed with the Commissioners'' Court of Kerr
County, Texas, pursuant to Article 6705, V.A.C.S., the road con-
cerned being referred to in such Petition as the OLD ROAD;
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
OLD ROAD, 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
is desired to be discontinued;
AND WHEREAS, such Petition specified the beginning and termina-
tion 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;
NOW, THEREFORE, BE IT REMEMBERED that on the gth day of
November , 1981, at a regular/~ meeting of the Commis-
sinners' Court of Kerr County, Texas, convened in accordance with all
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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; and
2. That the public interest will be better served by
making such change and by discontinuing and closing
such OLD ROAD; and
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 require-
ments have been substantially complied with;
On motion by Commissioner Guthrie seconded by
Commissioner Holland and unanimously approved
by the Court, the Commissioners' Court of Kerr County, Texas, accord-
ingly hereby ORDERS that such OLD ROAD (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, deci-
sion, and the final vote regarding the matters herein contained;
Judge Julius R. Neunhoffer
Billy Guthrie
Fred Holland
Victor Lich
Frank L. Speakman
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.
IT IS THE FURTHER ORDER of the Commissioners' Court of Kerr
Court, Texas, that JUDGE JULIUS R. NEUNHOFFER, County Judge, Kerr
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County, Texas, be and is hereby authorized to execute a Quitclaim
Deed of the property described in the above referenced EXHIBIT "A"
to S. H. LANCASTER also known as HOLLIS S. LANCASTER.
SIGNED AND ORDERED this 9th day of November , 1981.
COMMISSIONERS' COURT OF KERR COUNTY, TEXAS
t
By
lius R. Neunh ff
C unty Judge
F rr County, Texas
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DESCRIPTION OF OLD ROAD
EXHI$TT "A"
That certain tract or parcel of land conveyed to Kerr County,
Texas, for and on behalf of the Public for road and right-of-
way purposes, being situated in the County of Kerr, State of
Texas, and described as follows:
Out of Survey 1353, J. Gregg, about nine miles west of Kerrville,
its County Site.
BEGINNING at the IQW corner of the Frankel acre tract out of Survey
1353, J. Gregg, the same being S 12 degrees E 399.2 varas and S 73
degrees 30' W 4 varas from the most easterly N corner of Survey 1353,
J, Grega;
THENCE S 18 degrees 30' E 106 varas to fence corner;
THENCE' N 20 degrees 3I' W 106.1 varas to a stake in the N line of
said Franke 2 acre tract;
THENCE. N 73 degrees 30' E 4 varas tc the point of BEGINNING, con-
taining 0.04 acres of land; and being the same and identical pro-
perty conveyed bX TV. J. Franke and wife, Margaret Franke, to Kerr
Caunty by Deed dated the 23rd of May, 194b, and found of record in
Volume 79, Page 621, peed Records cf ~:err County, Texas, to which
record reference is here made for all. purposes.

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STATE OF TEXAS X
COUNTY OF KERR X
AFFIDAVIT OF POSTING NOTICE
BEFORE ME, the undersigned authority, on this day personally
..
appeared ~'~ f L%' `I'~~= - who , known to me to be
a Deputy Sher' f 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 Court-
house of Kerr County, Texas, Kerrville, Texas.
b. One (1) at the beginning of the county road des-
cribed in EXHIBIT "A" of such Petition to Diseon-
tinue Road; and
c. One (1) at the termination of the county road
described in such Petition to Discontinue Road.
2. That said notices were posted by me on the ?=~"day of
~f 1981."
,,~_.
Deputy Sheriff
Kerr County, Texas (-y/
SWORN TO AND SUBSCRIBED BEFORE ME by the said %'~ ~"/ ~~~~~~
a~
on this the ~~ay of ~~~ 1981.
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Notar}~~u'b~ic in and for the
State Of Texas in Kerr County
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My Commission Expires:
Filed.l`~ay of.~,Y117 -A. D. 1~.~. ~~~~
`.,Y?t~'!.i:`, p,X :.:~,':.:vT K.F. R. 422~i ~-? t'D
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