ORDER N0. I5774 APPROVAL OF ACCEPTANCE OF EASEMENT AND RIGHT-OF-WAY FROM DOROTHY MAE VAN HOOZER, ET AL, TO KERR COUNTY AND STATE OF TEXAS On this the 27th day of November 1984, upon motion made by Commissioner Guthrie, seconded by Commissioner Holland, the Court unanimously approved acceptance of a fifty (50') foot easement a.nd right-of-way, from Dorothy Mae Van Hoozer, et al, to the County of Kerr and State of Texas, said tract located in Kerr County Commissioner's Precinct No, Four. (Easement recorded in Volume 19 Pages 676-684 Easement Records of Kerr County, Texas). (Acknowledgment) STATE OFT XAS COUNTY Ol~ DALLAS This instrument ~;~as ackno~t~ledged before me on the 12th day of e1' , 19 84 , by My commission expires: ~ Notary Public, State of Te s 5 - .. 5 - 8 S Notary's printed name: Susie Johnson (Acknowledgment) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the by My commission expires: day of 19 , Notary Public, State of Texas Notary's printed name: ,(Corporate Acknowledgment) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of by , of a corporation, on behalf of said corporation. My commission expires: 19 , Notary Public, State of Texas Not,ary's printed name: ~ ~ 3 II = II ~' `'{ ~~ EASEMENT That we, DOROTHY MAE VAN HOOZER, DAVID VAN HOOZER, DORIS HERRING and JOHN A. VAN HOOZER, acting as Successor Co-Trustees under the terms and provisions of that certain Revocable Management Trust Agreement dated October 15, 1981, recorded in Volume 288, Page 288, Deed Records of Kerr County, Texas, and amended by instrument entitled First Amendment to Trust Agreement dated January 18, 1983, recorded in Volume 288, Page 283, Deed Records of Kerr County, Texas, and DOROTHY MAE VAN HOOZER, a widow, of Kerr County, Texas, individually, and DAVID VAN HOOZER, Individually and joined herein pro forma by his wife, JANE VAN HOOZER, collectively referred to as Grantor herein, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS to us in hand paid by the COUNTY OF KERR and STATE OF TEXAS (herein called Grantee), the receipt of which is hereby acknowledged and confessed, and for whcih no lien, either expressed or implied, does or shall exist, do hereby GRANT, SELL and CONVEY, and by these presents have GRANTED, SOLD and CONVEYED unto said Grantee, its successors and assigns, an easement and right- of-way fifty (50') feet in width over, upon and across that certain tract or parcel of land in Kerr County, Texas, owned by Grantor, said tract being more formally described as Exhibit "G" in Partition Deed (herein. "the Partition Deed") recorded in Volume 258, Page 801 of the Deed Records of Kerr County, Texas, and being the identical tract described in that certain Special Warranty Deed dated January 18, 1983, from Dorothy Mae Van Hoozer to the Dorothy Mae Van Hoozer Trust, recorded in Volume 271, Page 683 of the Deed Records of Kerr County, Texas, and which easement is over, upon and of said real property and references to instruments describing same here referred to for all purposes, the approximate course of such easement and right-of-way to Grantee being described on Exhibits "A", "B" and "C" hereto, same being a continuous easement from the point of origin described on Exhibit "A" being at a point in the cE~nter of Shalako Drive in Shalako Estates and from said point the N.W. corner of Lot 1, Shalako Estates bears N. 86° 48' E., 30.0' and thereafter described on Exhibit "A" to the ending point in the South line of a 15.96 acre tract owned by David Van Hoozer, said 15.96 acre tract referred to and described above, and the description of the easement set forth on Exhibit "B" continuing from the ending point described on Exhibit "A" and through a portion of the 15.96 acre tract owned by David Van Hoozer and being the easement described on Exhibit "B"; and the ending point of said easement described on Exhibit "B" being continued onto and through the real p:roperty described as Exhibit "G" in the herein referenced J?artition Deed, to the real property owned by N. E. NORTON, SR., and E. K. NORTON, JR., said easement described on Exhibit "C" hereto, which said Exhibits "A", "B" and "C" create an easement and right-of- way from the point in the center of Shalako Drive in Shalako Estates as described on Exhibit "A" to a boundary line of real property owned by N. E. NORTON, 23 R., and E. K. NORTON, JR.. The right-of-way, easement, rights and privileges herein granted are perpetual and non-•exclusive and shall be used for the purpose of providing pedestrian and vehicular ingress, egress and regress between the point in Shalako Drive as described on Exhibit "A", through the property of Grantor described herein which this easement crosses, to Brock and Gary Grant, Trustees, to N. E. NORTON, SR., and E. K. NORTON, JR., recorded in Volume 288, Page 342 of the Deed Records of Kerr County, Texas and for other purposes as may be deemed necessary by Grantee and permitted by law. N. E. NORTON, SR., and E. K. NORTON, JR., by instrument dated November ~~ 1984, entitled "Easement", received from Grantor herein, a non-exclusive :right-of-way and easement for roadway purposes, same being the same easement described herein on Exhibits "A", "B" and "C", for access to and from the real property referred to herein as owned by N. E. NORTON, SR., and E. K. NORTON, JR., and in said Easement, Grantor reserved the right to convey similar rights and easements to others. N. E. NORTON, SR., and E. K. NORTON, JR., join herein as parties having a right and interest in said Easement, acknowledging receipt of the consideration of TEN AND NO/100 ($10.00) DOLLARS in hand paid by the COUNTY OF KERR and STATE OF TEXAS, Grantee herein, and do hereby GRANT, SELL and CONVEY, and by these presents have GRANTED, SOLD and CONVEYED unto the COUNTY OF KERR and STATE OF TEXAS, Grantee herein, its successors and assigns, the rights or interest they have in said easement granted pursuant to the above referenced Easement from Grantor herein, that may be required to be granted and conveyed, but not releasing themselves of any responsibility or use of the easement they may have upon termination of the herein easement granted and conveyed to the COUNTY OF' KERR and STATE OF TEXAS, pursuant to the above referenced Easement from Grantor herein to N. E. NORTON, SR., and E. K. NORTON, JR.. Grantor herein and N. E. NORTOPJ, SR. and E. K. NORTON, JR., hereby binds theirselves, their heirs, legal representatives, successors and assigns, to WARRANT and FOREVER DEFEND the EXECUTED this -~/ --- day of ~~~~-~~s~- , A.D. , 1984. ~h~- 7/c~.--- DOROTHY VAN HOOZER, Individ lly and as Successor Co-Trustee /a (/~~rt AVID VAN HOOZER, I dividually and as Successor Co-Trustee J Al VAN HOOZE , Indi dually ~-~' ~ ~~ DORIS HERRING, as Suc ssor Co- Trustee JOHN A. VAN HOOZER, as Successor Co- Trustee . ~~ N E. NORT , SR. E. K. NORTON, JR. y ,(~, f ,t-ryC'A2f-Cti, Sk'• ~ At~~,e,uf y - i~ -fAef THE STATE OF TEXAS THE COUNTY OF KERR This i strume t was acknowledged before me on the day of '~ A.D., 1984, by DOROTHY MAE Individual v and as Successor Co-Trustee. /~~ VAN HOOZER, Notary Pub ic, State of Texas ~ My commission expirQesJ: ~/--// ~~i~ ~i9~P/f. ~ ~/~'/,/,~'~l~y (Notary's typed or prin~ed,~iame) THE STATE OF TEXAS ~ THE COUNTY OF KERR ~ .,,L . - - -._i_...,_...., ...~ ... -, .-. -. ..L ., .-.._.l or7 lr or7 ~ l-~o ~~rc mo nn ~}'~a ~/ ~ `~ ~ THE STATE OF TEXAS § THE COUNTY OF KERB § This i strument was acknowledged before me on the ~`"_ day of ~ ,c~' ~',L , A.D., 1984, by JANE VAN HOOZER, Individually. .~ Notary u lic, State of Texas My commission expires: -- ~ (Nota y's typed or printed ame) THE STATE OF TEXAS § THE COUNTY OF § This i strume t was acknowledged before me on the ~~ day of ~,~,, ~~~,~, ~~( ~ , A. D. , 1984 , by DORIS HERRING, as , Successor Co-Trustee. J Nota y Public, State of Texas My corunission expiresQ:~ ~_~~ Notary's typed"or printed name) THE STATE OF TEXAS § THE COUNTY OF KERR ~ This i ,~trume t was acknowledged before me on the day of ,,/qt ~tia , A.D., 1984, by JOHN A. VAN HOOZER, as Successor Co-Trustee. ~'~ ~~ Q- Notary Pub ic, State o Texas My commission expires: ~-~~- Notary s typed or printed ame) THE STATE OF TEXAS § THE COUNTY OF KERR § This in~s.trume t was acknowledged before me on the ~~ day of /~''~~ ~ , A.D., 1984, by N. E. NORTON, SR. THE STATE OF TEXAS § THE COUNTY OF KERR § This instrument was acknowledged before me on the day of , A.D. , 1984, by ,~~, ~, ,,~r,~j~,~ J ~C Notary Pub ic, Sta e of Texa My commission expires: - C ~`~} (Notary s typed or prin ed name) - - - EXHIBIT "A" Being all that certain fifty (50') ft. wide road easement out of Survey No. 1767, G.C.$S.F. Ry. Co., Abstract No. 901, and Survey No. 1435, C.F,M. Ry. Co., Abstract No. 735, subject road easement being twenty-five (25') feet either side of the following described lines: BEGINNING at a point in the center of Shalako Drive, and from said point the N.W. corner of Lot 1, Shalako Estates, as recorded in Vol. 5, Pg. 63 of the Plat Records of Kerr County, Texas, bears N 86° 48' E, 30.0 feet; THENCE with the center line of subject road easement from point~to point as follows: N 00° 26' E, 181.56 feet; N 53° 18' W, 410.57 feet; N 56° 27' W, 202.37 feet; S 86° 28' W, 564.10 feet; N 81° 34' W, 489.66 feet; N 30° 50' E, 196.53 feet; N 19° 05' E, 306.43 feet; N 05° 40' W, 342.26 feet; N 51° 13' W, 297.52 feet; N 45° 23' W, 253.93 feet; N 37° 30' W, 313.97 feet; and N 19° 14' W, 467.65feet to ending point in the South line of a 15.96 acre tract owned by David Van Hooter, said easement extending along the south boundary of said 15.96 feet 26.96 feet either side of said ending point. THE STATE OF TEXAS COUNTY OF KERR I, Paul L. Bushong, Registered Professional 1?ngineer No. 38177, and Registered Public Surveyor No. 2340, do hereby certify that the above property descrip- tion was prepared from an actual survey made on the ground under my supervi- sion and it is true and correct. ~~~/7~ ~1~1L Paul L. Bushong ~~ Registered Public Surveyor No. 2340 October 11, 1984 EXHIBIT "B" Being all that certain fifty (50') ft. wide road easement out of Survey No. 1435, C.~,M. Ry. Co., Abstract No. 735, subject road easement being further described by metes and bounds as follows, to-wit: BEGINNING at a 3-way fence corner post marking the S.E. corner of Survey No. 1436, C.F,M. Ry. Co., Abstract No. 1593; THENCE with fence and North line of a certain 15.96 acre tract, EAST, 50.00 feet; THENCE S 23° 32' E, 458.53 feet and S 19° 14' E, 39.19 feet to a point in the South line of said 15.96 acre tract; THENCE with the South line of said 15.96 acre tract, N 67° 58' W, 66.51 feet; THENCE N 19° 14' W, 48.82 feet and N 23° 32' W, 421.41 feet to the place of BEGINNING. THE STATE OF TEXAS COUNTY OF KERR I, Paul L. Bushong, Registered Professional Engineer No. 38177, and Registered Public Surveyor No. 2340, do hereby certify that the above property description was prepared from an actual survey made on the ground under my supervision, and it is true and correct. `, Paul L. Bushong Registered Public Surveyor No. 2340 October 11, 1984 EXHIBIT "C" Being all that certain fifty (50') ft. wide z•oad easement out of Survey No. 1435, C.&M. Ry, Co., Abstract No. 735, subjec:t road easement being further described by metes and bounds as follows, to-wit: BEGINNING at a 3-way fence corner post marking the S.E. corner of Survey No, 1436, C.$M. Ry. Co., Abstract No. 1593; THENCF, with fence and East line of Survey No. 1436, N 00° 27' W, 50.00 feet; T}iENCE N 89° 33' E, 50.00 feet and S 00° 27' E, 50.39 feet to a point in the North line of a certain 15.96 acre tract; "fIIENCE WEST, 50.00 feet to the place of BEGINNING. TIIE STATE OF TEXAS COUN"fY OF KERR I, Paul L, Bushong, Registered Professional Engineer No. 38177, and Registered Public Surveyor No. 2340, do hereby certify that the above property description was prepared from an actual survey made on the ground under my supervision, and it is true and correct. Paul L. BllSt1o11g Registered P1lblic Surveyor No. 2340 August 14, 1984