ORDER N0. 16043 ORDER DISAPPROVING PETITION TO DISCONTINUE OLD ROAD IN KERR COUNTY COMMISSIONER'S PRECINCT 4 On this the 13th day of May 1985, came on to be considered by the Court, a Petition to Discontinue an Old Road which is located in Kerr County Commissioner's Precinct No. Four, and filed in the County Clerk's Office on February 15th, 1985, signed by Rob L. Harbison, Edward Secor, John McCollom, Andrew B. Phillips, Fred P. Cannon, Jim Tatsch, Carl Oehler and Margaret F. Jurries, requesting that said road be discontinued. An Affidavit of Posting rdotice, along with a copy of the petition was posted on February 19th, 1985 by Frances Kaiser, Deputy Sheriff, at three public places in Kerr County - one at the Courthouse Door, one at the beginning of the road and one at the end of the road. It appearing to the Court that the road is the only access to property owned by J. L. QUERNER, who has filed objection to the petition. On motion made by Commissioner Guthrie, seconded by Commis- sioner Lich , it is ordered that the Petition~to Discontinue Old Road, filed February 15th, 1985 by Rob L. Harbison and seven others, is hereby disapproved and the County road shall not be closed to the public. MISRE2/JOB"Z"/HRJ/kw No. STATE OF TEXAS § COMMISSIONERS' COURT § COUNTY OF KERR § OF KERR COUNTY, TEXAS PETITION TO DISCONTINUE OLD ROAD TO THE HONORABLE COMMISSIONERS' COURT OF KERB 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 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 is not needed 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 ROB L. HARBISON and JAMES L. QUERNER and further such road constitutes an easement across the land of ROB L. HARBISON, thereby effectively denying him 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 the public interest to close and discontinue such OLD ROAD: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT pursuant to Article 6702-1, V.A.C.S. §2.003 and §2.002(a)(1), each of the undersigned persons or entities, herein- after called PETITIONERS, being at least eight (8) freeholders in and of the aforesaid 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 close the above described and above mentioned OLD ROAD, and further to place this matter on the - MISRE2/JOB"Z"/HRJ/kw 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. 4, Kerr County, Texas. Respec~ 5 6 7 8 wlw.,ra~~ ~I~&~.D. 19 '?~~ , yy~ Cmui, A ~ .. ~iIBIT "A" Being a portion of a thirty (30') foot County Fipad over, upon and across certain property owned by Rob L. Harbison and situated in Kerr County, Texas; said easement's centerline description being described by metes and bounds in the following two (2) portions, to-~vit POKrI~1 1: Being all of a certaicti thirty (30) ft. wide strip, tract or parcel of land along the approximate centerline of an existing caliche road upon, Duet aad across a certain 172.19 acre tract conveyed fro~a 8. E. Quinn III, Trustee, to 8. E. Quinn, Sr. Texas Testamentary ?rust by a Warranty Deed executed the 7th day of Septesber, 1978 and recorded in Volusie 214 at Page 686 of the Deed Records of Kerr County, Texas; being fifteen (15) ft. along and abutting each side of said centerliae described as follows: BEGINNING at a 60 "d" nail where said centerline intersects the worth line of said 172.19 acre tract for the north terminus of the Herein described easement; which point bears, 1755.4 ft. N.89° 27'E. from a away fence cornerpost marked with as S/8" iron stake for the occupied northwest corner of said 172.19 acts tract and Survey No. 1408; THENCE, with existing centerline, all road angles marked with 60 "d" nails: S. I3' 03'Y., 227.04 ft.; S.19• 02'fi., 143.92 ft.; S.41• 36'W. 256.99 ft.; S.64' S2'W., 180.59 ft.; S.38. 45'w., 98.10 ft, S.14. 58'ii. 935.72 ft.; S.04° 58'E., 132.61 ft.; S.21' 48'E. 263.59 ft.; S.36° 21'E., 623.87 ft .; S.27• SO'E., 136.04 ft.; and S.04. 15•E., 37.95 ft. to as unmarked point in a cattleguard, the south liae of said 172.19 acre tract for the south terminus of the herein described easement. I'OKPI(~1 2 Being all of a certain thirty (30) ft. vide strip, tract or parcel of land along the approximate centerline of an existing caliche road upon. over and across a certain tract of land conveyed as 155.8 acres from Emmit E. Housec, et ux, to L. L. tiilliams, et al, by a Warranty Deed with Vendor's Lien executed the 26th day of August, 1977 and recorded is Volume 200 at Page 579 of the Deed Records of Kerr Couaty, Texas; being fifteen (1S) ft. along and abutting each side of said esaterline described as follo~;s: BEGINNING at a 60 "d" nail where said centerline intersects the south line of said 155.8 acre tract for the south tersiaus of the herein described easeseat; which point bears, approximately, 2203.8 ft• S.89. 44•W. from a fence cornerpost marked with a 1/2" iroq stake for the occupied southeast cetner of said 155.8 acre tract and Survey No. 1411; THENCE, with existing centerlines N.12. 31'E., 127.14 ft• to a 60 "d" nail for a road angle; N.18' 12'E., 246.22 ft. to a 60 "d" nail foe a road angle; N.56' 3S'E., 120.73 ft. to a 60 "d" nail for a road angle; and N.40. 35'E., 60.14 ft. to a 60 'd" nail where said centerline intersects the north line of said 155.8 acre tract for the north terminus of the herein described easement. ~ i, ~~ .< . ~' ~~~ AFFIDAVIT OF PASTING NOTICE STATE OF TEXAS ~ COUNTY OF KERB t) BEFORE ME, the undersigned authority, on this day personally appeared r/ ~~/'':r~°'<~~ ~~ a[.t7 who, Down to me to be a Deputy Sheriff of Kerr County, ~i'exas, acid after being by me first duly sworn, says on his oath: "l. That I posted a true and correct copy of the Petition to Discontinue Old 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; and b. One (1) each at the beginning and tezrnination of the county road described in Exhibit "A" of such Petition. 2. That said notices were posted by me on the day of c~/.c.~ , 1985." CLIFF GREES®N, SHERIFF KERB C®U~dT'~ C®URTHOUSE KERRVILLE, TEXAS 78028 n.cc..d r. ~ ta.~ , Af f iant I~puty Sheriff Kerr County, Texas SUBSCRI D AND SWO TO BEFORE ME by the said ~>,a~~ ~ a ~ ~ 1~~~.c-~-~.c~ on this the ~ ~ of 1985. Not Public, State of Texas X~~ ~ ~ M _°:, DYE ~ ~~'~' ~_-- .~/ a.f, y ~- - ~_ y ,~„ Ship by Truck "Quicker by Querner" CHICAGO (LEMONT~ ILL 1;1 U LKf~I C-Tr- I -KU V IL L ~ ry ~3~ 7~1VLa. HOME OFFICE 1 SS 8C STATE ROUTE 51 SAN ANTONIO, TS XAg 78208 LE MON T, ILLINOIS 60419 P, O. BOX 4177 11]1-11 AUSTIN, ST. CLEVELAND, OHIO J. L. QUE RNER, PR EB. 612 - 227-2277 DALLAS, TE XAg gT. LOUIB, ILL INTERSTATE COMMON{ARRIERS IH7o & SS RT. 20] AUSTIN, TEXAS E. ST. LOUig, ILLINOIS 62201 REFRIGERATED EQUIPMENT WACO, TEXAS BROW NEVILLE, TEXAS HOUSTON, TEXAg SAN ANTONIO, TEXAS 78208 AMARILLO, TEXAg FT. WORTH, TEXAS 1115 6. ]RD, AMARILLO, TEXAS 79107 • April 59 1985 rir. Bill Baskette Jr. Administrative Assistant Kerrville, Texas 78028 geference~ petition to close county road to my ranch. Dear Mr. Baskette Jr.; I have read your letter of I~iarch 22, 1985] and note the contents therein. I also have in my posession a copy of a letter from you which was enclosed from g, gitman Jons. I have not and did not agree to I~ir. Robert L. Harbison to change the county road on his property to a private road. I want the road to stay just as is= a county road. I want no changes made from the way it is at the present time. This road is the only way in and out of my property. Therefore= it must stay a county road. yours trul~ J.L. Querx~~ cc ; i~;r. Bill Guthrie P.O. Box 271 Ingram, Texas 78025 ~~ Q~ ~ ~ f cc = Jons & Parker ~%G"1'/ ~J/~ Attorney at Law ~ ,[,,Q 4~ ,1G G~ ""' P.O. Box 472 / Kerrville, Texas 78028 '~ ~~ ~~~1'~ ~~~k•. ,~ x ~~ t. :i :o ~., ~. BILL BASKETTF., JR. ADMINISTRATIVE ASSISTANT KERR COUNTY, TEXAS KERB COUNTY COURTHOUSE KERRVILLE, TEXAS 78028 March 4, 1985 Mr. H. Ritman Jons 313 Earl Garrett Kerrville, Texas 78028 RE: Petition to Discontinue Old Road Dear Rit: (512) 257-6711 After writing to you on February 22, I spoke with Frances Kaiser, Kerr County Deputy Sheriff, who posted the notices on the gates at the beginning and termination of the subject road. Although your affidavit was not clear, the requirement has been met, and a new affidavit is not necessary. It is also unclear as to the time that. the notice was posted on the 19th of February. However, the statute requires that the commissioners may grant an order based on an application after the notice has been posted for twenty (20) days. As the next meeting of the commissioners is on the 20th day, March 11, Mr. Guthrie has agreed to place the matter on the agenda for the April 8, 1985, meeting. NIr. Guthrie also mentioned that as the matter now stands with Mr. Querner objecting to the closing of that road, he will recommend that the road remain open. He would like to be assured that Mr. Querner has access before the April meeting. Sincerely, Bill Baskette,Jr.