THE STATE OF TEXAS X COUNTY OF KERR X BE IT REMEMBERED that there was begun and holden on the 10th day of December 1984, at 10:00 o'clock A.M., in the City of Kerrville, Texas, a Regular Term of Commissioners' Court, with the following officers present: GORDON S. MORRISS County Judge FRED HOLLAND Commissioner Precinct 1 EDWARD D. HIGGINS Commissioner Precinct 2 VICTOR LICH Commissioner Precinct 3 BILLY JOE GUTHRIE, JR. Commissioner Precinct 4 and the Court having duly N0. 15788 APPROVAL OF CL~ On this the 10th day various claims and account ;~ which claims and accounts ~', out of Road & Bridge Prec: Juvenile Services, Juveni: Motion made by Commi: approved by the Court that ~ngs were had: >e considered by the Court, the various Commissioners' Precincts, '. i .he Auditor and Treasurer, payable i -a1, Jury, Revenue Sharing Trust, i -obation and County Law Library Funds. ~mmissioner Guthrie and unanimously o-o-o-o-o-o-o-o-o-o No. ~~ STATE OF TEXAS X COMMMISSIONERS' COURT COUNTY OF KERR X OF KERR COUNTY, TEXAS PETITION TO DISCONTINUE OLD ROAD AND OPEN NEW ROAD TO THE HONORABLE COMMISSIONERS' COURT OF KERR COUNTY, TEXAS: WHEREAS, there presently exists an easement and way of access lying in Precinct No. 2, in Kerr County, Texas, being more fully described by beginning point and termination point in Exhibit "A" attached hereto and incorporated herein for all purposes, such way and road ' 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 GEORGE GRANGER McDONALD, JR., IDA DELL CHANEY, ANNE JEAN WIEDENFELD MacDONALD and R.T.B.B., a Texas Joint Venture, and further such road constitutes an easement across the land of R.T.B.B. thereby effectively denying it the use of the surface of the road which lies within the OLD ROAD, without any real benefit to itself or others; and WHEREAS, it would be to to the public interest to close and discontinue such OLD ROAD: [dI-IEREAS, there presently exists a newly constructed road over the same property in Precinct 2, Kerr County, Texas, being more particularly described by beginning point and termination point in Exhibit "B" attached hereto and incorporated herein for all purposes, such road being presently utilized as a public road and hereinafter called the NEW ROAD; and WHEREAS, all above mentioned parties receiving benefit from such OLD ROAD are now using the NEW ROAD and receiving the same benefit of ingress and egress to and from their land by virure of such NEW ROAD; and WHEREAS, the NEW ROAD is built in accordance with all county specifications; and WHEREAS, R.T.B.B., the owner of the land under said NEW ROAD, wishes to convey a perpetual road easement to Kerr County, Texas, over and across said NEW ROAD: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: WHEREAS, R.T.B.B., the owner of the land under said NEW ROAD, wishes to convey a perpetual road easement to Kerr County, Texas, over and across said NEW ROAD: NOW, THEREFORE, KNOW ALL MF.N BY THESE PRESENTS: THAT pursuant to Article 6702-1, V.A.C.S. S2.003 and 52.002(a) (1), each of the under- signed persons or entities, hereinafter called PETITIONERS, being at least eight (8) free- holders in and of the aforesaid precinct in which such OLD ROAD is desired to be discontinuedd hereby respectfully petition the Honorable Commissioners' Court of Kerr County, Texas, hereinafter called the COURT, to discontinue and permanently close the above described and above mentioned OLD ROAD, and to accept the NEW ROAD as a public road in its place, 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 written advertisement posted 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, as required by law. Each of the undersigned affirm that such person or entity is presently a freeholder of Commissioner's Precinct No. 2, Kerr County, Texas. Respectfully submitted, 1. /s/ G G McDonald, Jr 5. /s/ Geo. A. Holekamp /t/ George Granger McDonald, Jr. /t/ George A. Holekamp 2. /s/ Jean W. MacDonald 6. /s/ Mary Virginia Holekamp /t/ Jean Weidenfeld MacDonald /t/ P4ary Virginia Holekamp 3. /s/ H. L. Risinger 7. /s/ Tex D Hood /t/ H. L. Risinger /t/ Tex Hood 4. /s/ Ida De11 Chaney 8. /s/ Fred Bernhard /t/ Ida Dell Chaney /t/ Fred Bernhard Filed 1st day of Nov. A.D. 1984 at 4:50 P.M. PATRICIA DYE Clerk County Court, Kerr County, Texas - by /s/ Dorothy L. Pfeiffer Deputy 2 EXHIBIT "A" DESCRIPTION FOR THE CENTERLINE OF A PORTION OF FALL CREEK ROAD, A FIFTY (50) FT. WIDE COUNTY ROAD, UPON, OVER AND ACROSS THE FORP4ER VICTOR V. REAL FALL CREEK RANCH IN KERR COUNTY, TEXAS Being all of a certain fifty (50) ft. wide strip or parcel of land known as Fa11 Creek Road, a county road, upon, over and across a certain 484.53 acre tract conveyed from Shelton Ranches, Inc. to Sam H. Benbow by an Assumption Deed dated the 5th day of July, 1979 and recorded in Volume 223 at Page 1. of the Deed of Records of Kerr County, Texas; the centerline described as follows: BEGINNING at a 60 "d" nail for the north terminus of the herein described centerline; which point bears, 890.90 ft. S. 47° 04' T4. from the intersection of the centerline of said Fall Creek Road and the north line of said 484.53 acre tract; THEP7CE, with the centerline of said Fall Creek Road, all calls to 60 "d" nails: S. 33° 22' T•7., 42.60 ft.; S. 13° 39' TAI. 382.26 ft.; S. 32° 38' T~., 224.09 ft.; S. 41° 38' W., 124.68 ft.; S. 16° 36' iV., 329.58 ft.; S. 37° 48' T0. 77.90 ft.; S. 49° 14' T•7., 42.89 ft.; S. 36° 53' T4. , 179.51 ft. ; S. 64° 00' Ta. , 183.17 ft. ; S. 83° 07' Fd. , 257.61 ft. ; S. 49° 55' T4. , 164. 76 ft.; S. 32° O5' [~., 132.51 ft.; S. 53° 39' TV., 212.08 ft.; T1. 81° 59' V7., 394.73 ft. S. 56° 07' W., 536.15 ft.; S. 39° 04' T4., 163.72.; S. 56° 00' i7., 144..31 ~ft.; S. 39° 57' W., 145.36 ft.; S. 63° 33' td., 579.71 ft.; S. 20° 49' W, 11.22 ft.; S. 58° 54' LV, 203.34 ft.; S. 50° 21' FI, 143.24 ft. ; S. 29°07' T9, 221.46 ft. ; S. 34° 23' II, 119.59 ft. ; and S. 41° 27' id, 333.09 ft. to a point in the south line of said 484.53 acre tract for the south terminus of ~I the herein described centerline; INCLUDING land twenty-five (25) ft. along and abutting each I~ side of the herein described centerline. ~, I hereby certify that these field notes are an accurate description of the property contained therein as determined by a survey made on the ground under my direction and supervision, except no survey was made to reestablish Patent Survey line or corners; and that all property' corners are as stated. Dated this 4th day of September, 1984. /s/ Lee C. Voelkel /t/ Lee C. Voelkel Registered Public Surveyor No. 3909 County Surveyor for Kerr County (Seal) EXHIBIT "B" DESCRIPTION FOR THE CENTERLINE OF A FIFTY (50) FT. WIDE ROAD UPON, OVER AND ACROSS THE FOP.MER VICTOR V. REAL FALL CREEK RATICH IN Y.ERR COUNTY, TEXAS Being all of a certain fifty (50) ft. wide strip or parcel of land, upon, over and across a certain 484.53 acre tract conveyed from Shelton Ranches, Inc, to Sam H. Benbow by an Assump- '' tion Deed dated the 5th day of July, 1979 and recorded in Vol. 223 at Page 1 of the Deed of Records of Kerr County, Texas; the centerline described as follows i'. BEGINNING at a 60"d" nail in the centerline of an existing fifty (50) ft. wide county road known as Fall Creek Road for the east terminus of the herein described centerline; which point bears, 890.90 ft. S 47° 04' W. form the intersection of the said Fall Creek Road center's ^_ line and north line of 484.53 acre tract; THENCE, with the centerline, all calls to 60 "d" nails: S. 46° 13' P1, 342.43 ft.; S. 52° !i 54' W, 1104.79 ft.; S. 70° 12' V1, 527.07 ft.; S. 85° 26' CJ, 273.02 ft.; S. 72° 43' W, 1314.69;: ft.; S. 86° 31' W, 747.96 ft.; and N. 85° 25' W, 1396.32 ft. to a point in a fence, the west line of said 484.53 acre tract, for the west terminus of the herein described centerline; h INCLUDING land twenty-five (25) ft. along and abutting the herein described centerline. '! I hereby certify that these field notes a.re an accurate description of the property contained',~'i ~; therein as determined by a survey made on the ground under my direction and supervision, r, except no survey was made to reestablish Patent Survey lines or corners; and that all property! corners are as stated. i~ Dated this 4th day of September 1984 /s/ Lee C. Voelkel /t/ Lee C. Voelkel Registered Public Surveyor No. 3909 County Surveyor for Kerr County (Seal) AFFIDAVIT OF POSTING NOTICE STATE OF TEXAS X COUNTY OF KERR X BEFORE ME, the undersigned authority, on this day personally appeared Dick Staudt, who, known to me to be a Deputy Sheriff of Kerr County, Texas, and after being by me first duly I sworn, says on his oath: "1. That I posted a true and correct copy of the Petition To Discontinue Old Road and Open New Road, hereto attached, at the following places, to-wit: a. One (1) at the courthouse door of the County Courthouse of Kerr County, Texas, Kerrville, Texas. %j b. One (1) each at the beginning and termination of the county road described in Exhibit "A" of such Petition; and c. One (1) each at the beginning and termination of the road described in Exhibit "B" ' of such Petition. 2. That said notices were posted by me on the 2nd day of Tovember, 1984." ' /s/ Dick Staudt /t/ Dick Staudt, Affiant Deputy Sheriff, ' Kerr County, Texas SUBSCRIBED AND S[VORN TO BEFORE ME by the said Dick Stuadt on this the 2nd day of November 1984. (SEAL) /s/ H. Ritman Jons Tlotary Public in and for Kerr County, Texas /t/ H. Ritman Jons Filed 5th day of Nov. A.D. 1984 at 10:20 A.M. PATRICIA DYE Clerk County Court, Kerr County, Texas By /s/ Dorothy L. Pfeiffer Deputy CSRE2/JOB ' 3B"/HRJ/kw STATE OF TEXAS COUNTY OF KERR NO. 15789 X COMfQISSIONERS' COURT J( OF KERR COUNTY, TEXAS ' ORDER CLOSING OLD ROAD AND OPETdING NEW ROAD ` i ' [JfTEREAS, a Petition to discontinue and permanently to close a certain easement and road- i way new used as a public road in Precinct No. 2, and to accept a newly constructed road in -- ~ its place, eas previously filed with the Commissioners' Court of Kerr County, Texas, pursuant _ i to Article 6702-1, V.A.C.S., the road to be discontinued being referred to in such Petition as the OLD ROAD, and the road to be accepted being referred to in such Petition as the TdE[d ROAD: said OLD ROAD being additionally known as FALL CREET. ROAD: i AND C7HEP.EA5, statutory notice of such Petition has been duly given by written advertise- i ment posted at the Courthouse door of the County Courthouse of Kerr County, Texas, and at two ~~ _ i (2) other public places in the vicinity of the route of such OLD ROAD, said roadway being ij additionally known as FALL CREEK ROAD, for a period of at least twenty (20) days prior hereto,l~ all in compliance with Article 6702-1, V.A.C.S. 52.003; AND [9IIEREAS, 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 FALL CREEK ~ ROAD, is desired to be discontinued, and the TdEYd ROAD is presently being utilized; AND ['JHEREAS, such Petition specified the beginning and termination of both the OLD ROAD and the TdEVd ROAD, all in compliance with Article 6702-1, V.A.C.S.; ATSD C7HEREAS, the Commissioners' Court of I:err County, Texas has conducted a full investi- gation of the proposal stated in such Petition, as required by Article 6702-1, V.A.C.S.; AND C7HEREAS, it has been determined that the NEW ROAD is a suitable alternate route and such NEYT ROAD is presently utilized as a public road and has been built in accordance with all county specifications; NO[d THEREFORE, BE IT that on this 10th day of December, 1984 at a regular [ISREZ/JOB ', meeting of the Commissioners' Court of Kerr County, Texas, convened in accordance with all 'BB"/HRJ/kw required notices, procedure, and other legal requirements, the aforesaid Petition was duly considered by the said Commissioners' Court a.nJ. 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 FALL CREEI: ROAD; and 2. That the public interest will be better served by making such change and by dis- continuing and closing such OLD ROAD and accepting such NEC7 ROAD it its place; and 3. That all requirements of the State of Texas both as to law and procedure and all ', prerequisites £or the aforementioned 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 Higgins, seconded by Commissioner Guthrie, and unanimously approved by the Court, the Commissioners' Court of I:err County, Texas, accordingly hereby ORDERS that such OLD ROAD, said roadway being additionally known as FALL CREEI: 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 AT7D PERAIAT~IENTLY CLOSED from this time forward; further that such TdEW ROAD be accepted as a public road in place of the OLD ROAD. The following members of the Commissioners' Court were present and each participated fully in all discussion, consideration, descision, and final vote regarding the matters herein ' contained: Judge Gordon Morriss Fred Holland ', Edward D. Higgins 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 F:err County, Texas. 2 SIGPdED and ORDERED this 10th day of December, 1984. I! MISRE2/JOB "BB"/HRJ/kw Commissioners' Court of Perr COUntV, T2Xa5 !i By /s/ Gordon S. 24orriss /t/ Gordon Morriss, County Judge Rerr County, Texas DESCRIPTIOIQ FOR THE CENTERLINE OF A PORTION OF FALL CREEK ROAD, A FIFTY (50) FT. PdIDE COUNTY ROAD, UPON, OVER AT7D ACROSS THE FORMER VICTOR V. REAL FALL CREEI: RANCH ITd I:ERR COUNTY, TEXAS Being all of a certain fifty (50) ft. wide strip or parcel of land known as Fall Creek Road, a county road, upon, over and across a certain 484.53 acre tract conveyed from Shelton Ranches,, r ' Inc. to Sam H. Benbow by an Assumption Deed dated the 5th day of July, 1979 and recorded in Volume 223 at Page 1 of the Deed of Records of I:err County, Texas; the centerline described as follows: BEGIDTNING at a 60 "d" nail for the north terminus of the herein described centerline; which point bears, 890.90 ft. S. 47° 04' T4. from the intersection of the centerline of said Fall Creek Road and the north line of said 484.53 acre tract; THENCE, with the centerline of said Fall Creek Road, all calls to 60 "d" nails: S. 33° 22' 4J., 42.60 ft. ; S. 13° 39' YL , 382.26 ft. ; S. 32° 38' T9. , 224.09 ft. ; S. 41° 38' T.'1. , 124.68 ft.; ,5. 16° 36'T~7. 329.53 ft. ; S. 37° 48' TJ. , 77.90 ft. ; S. 49° 14' T'1. , 42.89 ft. ; S. 36° 53' C7. , 179.51. ft.; S. 64° 00' 41., 183.17 ft.; S. 83° 07' T+L, 257.61 ft.; S. 49° 55' T4., 164.76 ft.; S. 32° 05' 4L, 132.51 ft.; S. 53° 39' C1., 212.08 ft.; N. 81° 59' W., 394.73 ft.; S. 56° 07' ['d., 536.15, ft.; S. 39° 04' G7., 163.72.; S. 56° 00' A., 144.31 ft.; S. 39° 57' W., 145.36 ft.; S. 63° 38' Td., 579.71 ft.; S. 20° 49' P7., 11.22 ft.; S. 58° 54' T7, ?.03.34 ft.; S. 50° 21' T7, 143.24 ft.; S. 29° 07'i7, 221.46 ft.; S. 34° 13' Td, 119.59 ft.; and S. 41° 27' T'1, 33.09 ft. to a point in «.. _ ` eR._. the south line of said 484,53 acre tract for the south terminus of the herein described lif~ centerline; ITSCLUDING land twenty-five (25) ft. along and abutting each side of the herein described centerline. I hereby certify that these field notes are an accurate description of the property contained therein as determined by a survey made on the ground under my direction and supervision, except no survey was made to reestablish Patent Survey lines or corners; and that all proper corners are as stated. Dated this 4th day of September, 1984 ~I /s/ Lee C. Voelkel /t/ Lee C. Voelkel Registered Public Surveyor No. 3909 County Surveyor for Kerr County (SEAL) Exhibit A o-o-o-o-o-o-o-o-o N0. 15790 APPROVAL OF BID OF HENRY GP.iFFIN CONSTRUCTIQN CO. FOR AIRPORT TAXIWAY ADDTTION On this the 10th day of December 1984, upon motion made by Commissioner Higgins, secondec by Commissioner Holland, the Court unanimously approved the Bid of Henry Griffin Construction Co. in the amount of $11,764.96, for Airport Taxiway Addition, to concur with action taken by the City of Kerrville November 13th, 1984. o-o-o-o-o-o-o-o-o-o N0. 15791 APPROVAL OF ENGINEERING AND TESTING EXPENSES FOR OPENING NEW LANDFILL AREA On this the 10th day of December 1984, upon motion made by Commissioner Holland, second- ed by Commissioner Lich, the Court unanimously approved Engineering and Testing Expenses for ', Opening the New Landfill Area, not to exceed the total amount of $6,005.00. Estimated expenses of Hunter Associates Engineering Firm is in the amount of $1400.00 and estimated expenses of Trinity Engineering Testing Corporation (Tetco) is in the amount of $4,605.00, which has previously been approved by the City of Kerrville at their regular y meeting on November 13th, .1984. ~i o-o-o-o-o-o-o-o-o-o N0. 15792 ORDER AUTHORIZING PUBLICATION OF NOTICE OF AVAILABILITY OF INTENDED USES OF REVENU] SHARING ENTITLEMENT FUNDS On this the 10th day of December 1984, upon motion made by Commissioner Guthrie, seconde by Commissioner Holland, the Court unanimously approved an order authorizing publication of notice of availability of intended uses of Revenue Sharing Entitlement Funds that is available for public inspection during normal business hours in the Office of the County Clerk at the '~ Kerr County Courthouse. i (To be published December 19th, 1984). NOTICE OF AVAILABILITY OF ENACTED BUDGET FOR PUBLIC INSPECTION Pursuant to Sec. 51.14 (f) and (g), Revenue Sharing Regulations, a copy of the Kerx ff~ County 1984-85 budget as enacted by the Kerr County Commissioners' Court, including intended Vi ~~ uses of Revenue Sharing Entitlement Funds, is available for public inspection during normal ~, business hours in the Office of County Clerk at the Kerr County Courthouse. 'r `. Publish December 19, 1984. o-o-o-o-o-o-o-o-o-o N0. 15793 ORDER CLOSING SEPARATE BANK ACCOUNTS OF JUVENILE STATE AID AND JUVENILE SERVICES j AND INCORPORATING WITH COUNTY TREASURER'S ACCOUNT I On this the 10th day of December 1984, upon motion made by Commissioner Guthrie, second- ~ ed by Commissioner Lich, the Court unanimously approved an order closing separate bank account