PETITION FOR ABANDONMENT OF A
PUBLIC ROADWAY
T0: The Honorable Commissioners' Court
Kerr County, Texas
Pursuant to Article 6703 and 6705 of Vernon's Annotated
Texas Civil Statutes, the undersigned, being freeholders in
Commissioners Precinct 2 of Kerr County, Texas, hereby
petition said Court to discontinue the use of a portion of
a public roadway in Kerr County, Texas. The portion of
public roadway sought to be discontinued is described as
follows:
A part of that particular roadway known as River View,
which is depicted on that certain plat of Verde Creek
Estates of record in Volume 3, Page 99, of the Plat
Records of Kerr County, Texas, the portion to be
abandoned being that part of said River View Road that
lies north of and adjacent to Lots No. 31, 32, 33, and
34 of the above-described Verde Creek Estates.
The undersigned would show the Court that the discontinuance
of the above-described portion of River View Road as a
public roadway will serve the public interest of Kerr County,
Texas, and specifically, the public interest in Commissioners
Precinct 2, Kerr County, Texas.
Respectfully submitted,
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WALLACE, JACKSON & ABLES
A Professional Corpo//r~~ation
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Stephen B. Ables
Texasl/State Bar No. 00812500
Attorneys for Petitioners
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THE STATE OF TEXAS §
§ AFFIDAVIT OF POSTING NOTICE
COUNTY OF KERR §
BEFORIE P•4E, the undersigned authority, on this day personally
appeared l.Ep C . `YY\ ARTS rJE L , 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
for Abandonment of a Public Roadway, 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 such Petition for Abandonment of a
Public Roadway; and
c. One (1) at the termination of the county road
described in such Petition for Abandonment of a
Public Roadway.
2. That said notices were posted by me on the 22 day of
1983."
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Dep ty Sheri f
Kerr County, Texas
~~//'q SWORN TO AND SUBSCRIBED BEFORE ME by the said ~' ~ G
/~l2CCtihr Z on this ~ day of 1983.
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- Kerr County, Texas
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(No ary type or print
rEYFLYN OATES
tKERR CO(JN'(Y NOi`ARY
MY COMMISSION EXPIIyEg~;~
PA A DYE
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ORDER NO. 15052
STATE OF TEXAS § COMMISSIONERS' COURT
§
COUNTY OF KERR § OF KERR COUNTY, TEXAS
ORDER CLOSING ROAD
WHEREAS, a Petition for Abandonment and to permanently close
a certain easement and a portion of a roadway now designated as a
public road in Precinct No. 2 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 RIVER VIEW 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 RIVER VIEW ROAD, 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 RIVER
VIEW ROAD 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;
NOW, THEREFORE, BE IT RESOLVED that on the ~d day of
May 1983, at a special meeting of the Commissioners'
Court of Kerr County, Texas, convened in accordance with all
SBA/pwb/5/17/83/PBMIS4
required notices, procedures, 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
a portion of such RIVER VIEW ROAD; and
2. That the public interest will be better served by
making such change and by discontinuing and closing
a portion of such RIVER VIEW 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
a portion of said road have been duly met and that all
such requirements have been substantially complied
with;
On motion by Commissioner
Higgins
seconded by
Commissioner Holland and unanimously approved by the
Court, the Commissioners' Court of Kerr County, Texas,
accordingly hereby ORDERS that a portion of such RIVER VIEW ROAD
(being the identical roadway described in 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:
CORDON S. MORRISS,
FRED HOLLAND,
EDWARD D. HIGGINS,
VICTOR LICH ,
BILLY JOE GUTHRIE,
County Judge
Commissioner Prec. 1
Corcmiissioner Prec. 2
Commissioner Prec. 3
Jr, Commissioner Prec. 4
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
County, Texas, that JUDGE CORDON S. MORRISS, County Judge, Kerr
County, Texas, be and is hereby authorized to execute a Quitclaim
-2-
SBAlpwbl5/17J83/PBMIS4
Deed of the property described in the above referenced EXHIBIT
"A" to WILLIAM H. ALLEN.
SIGNED AND ORDERED this 23rd day of rgay , 1983.
COMMISSIONERS'
COUNTY, TjE}{AS~
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Go do S.,M rriss
Ker~'County, Texas
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EXHIBIT "A"
A part of that particular roadway known as River View, which is
depicted on that certain plat of Verde Creek Estates of record in
Volume 3, Page 99, of the Plat Records of Kerr County, Texas, the
portion to be abandoned being that part of said River View Road
that lies north of and adjacent to Lots No. 31, 32, 33, and 34 of
the above-described Verde Creek Estates.
EXHIBIT "A"
RE: ORDER N0. 15052
PETITION FOR ABAtdDONMENT OF A
PUBLIC ROADWAY
(known as River View which is
depicted on that certain plat
of Verde Creek Estates)
Vol. P, Pages 318 - 319
AFFIDAVIT OF POSTING NOTICE
Vol. P, Pages 319-320
ORDER CLOSING ROAD - Vol. P,
Pages 320-321
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