,~ THE STATE OF TEXAS X
COUNTY OF KERR J( BE IT REMEMBERED that there was begun and holden on the 13th day
of May 1985, at 10:00 o'clock A. T2., 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 No. 1
EDWARD D. HIGGINS Commissioner Precinct No. 2
VICTOR LICH Commissioner Precinct No. 3
BILLY JOE GUTHRIE, JR. Commissioner Precinct No. 4
and the Court having duly opened, the following proceedings were had:
NO. 16041 APPROVAL OF CLAIMS AND ACCOUNTS
On this the 13th day of A4ay 1985, came on to be considered by the Court, the various
claims and accounts against Kerr County and the various Commissioners' Precincts, which
claims and accounts were approved for payment by the County Auditor and County Treasurer,
payable out of General, Jury, Road & Bridge, Lateral Road #1, County Law Library, Revenue
Sharing Trust, Juvenile Services, Juvenile State Aid, Traffic Safety and 216th District
Probation Funds.
Diotion made by Commissioner Holland, seconded by Commissioner Guthrie and unanimously
approved by the Court.
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The taking and receiving of bids for a loader backhoe for Precinct 3 and a Vibratory
Drum Roller and New or Used Trailer for Precinct 1 was declared closed at this time.
N0. 16042 BIDS FOR LOADER BACKHOE FOR PRECINCT 3 AND BIDS FOR VIBRATORY DRUM ROLLER AND NEW
OR USED TRAILER FOR PRECINCT 1, REFERRED TO COUNTY AUDITOR FOR STUDY AND RECOMMENDA-
TION
On this the 13th day of May 1985, upon motion made by Commissioner Holland., seconded
by Commissioner Lich, the Court unanimously approved that bids received for a loader backhoe
for Precinct 3 and a vibratory drum roller and new or used trailer for Precinct 1, be referred
to the County Auditor for study and recommendation.
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NO. 16043 ORDER DISAPPROVING PETITION TO DISCONTIDIUE OLD ROAD IN KERR COUNTY COMP4ISSIONER'S
PRECINCT 4
On this the 13th day of P4ay 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
Notice, along with a copy of the petition was posted on February 19th, 1985 by Frances Kaiser,
'fJ 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 Commissioner Lich, it is ordered
that the Petition to Discontinue Old Road, filed February 15th, 1985 by Rob L. Harbisen and
seven others, is hereby disapproved and the County road shall not be closed to the public.
Petition and Sheriff's Affidavit follows:
MISRE2/JOB "Z"/HRJ/kw
NO.
STATE OF TEXAS X COMMISSIONERS' COURT
COUNTY OF KERB J( OF KERR COUNTY, TEXAS
PETITION TO DISCONTINUE OLD 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 termination point in ',
i
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 I
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 I'~
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:
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NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS
THAT pursuant to Article 6702-1, V.A.C.S. 52.003 and 52.002 (a) (1), each of the under-
signed persons or entities, hereinafter called PETITIONERS, being at least eight (8) freehold~l
ers 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, herein-
after called the COURT, to discontinue and permanently close the above described and above
mentioned OLD ROAD, and further to place this matter on the agenda of the Court for action at
t3Ze first regular or special meeting of the Court occurring as soon as possible after expira-
tion 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 : r,
and would better serve the public interest.
Statutory notice of this Petition will be given by written advertisement posted at the MISRE2/JOB'
/HRJ/kw
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) davs, 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.
Respectfully submitted,
1. /s/ Rob L. Harbison 5
/t/ Rob L. Harbison
2. /s/ Edward Secor 6
/t/ Edward Secor
3. /s/ John McCollom 7
/t/ John McCollom
4. /s/ Andrew B. Phillips 8.
/t/ Andrew B. Phillips
Filed 15th day of Feb. A.D. 1985 at 10:55 A.M.
PATRICIA DYE
Clerk County Court, Kerr County, Texas
By /s/ Dorothy L. Pfeiffer Deputy
/s/ Fred P. Cannon
/t/ Fred P. Cannon
/s/ Jim Tatsch
/t/ Jim Tatsch
/s/ Carl Oehler
/t/ Carl Oehler
/s/ Margaret F. Jurries
/t/ Margaret F. Jurries
EXHIBIT "A"
Being a portion of a thirty (30) foot County Road 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-wit:
PORTION 1:
Being all of a certain thirty (30) ft. wide strip, tract or parcel of land along the
approximate centerline of an existing caliche road upon, over and across a certain 172.19
acre tract conveyed from B. E. Quinn III, Trustee, to B. E. Quinn, Sr. Texas Testamanetary
Trust by a Tarranty Deed executed the 7th day of September, 1978 and recorded in Volume 214
at Page 686 of the Deed R3cords of Kerr County, Texas; being fifteen (15) ft. along and
abutting each side of said centerline described as follows:
BEGINNING at a 60 "d" nail where said centerline intersects the north 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 3-way fence cornerpost marked with an 5/8" iron stake for the
occupied northwest corner of said 172.19 acre tract and Survey No. 1408;
THENCE, with existing centerline, all road angles marked with 60 "d" nails: S. 13° 03' W.,
227.04 ft.; S. 19° 02' W., 143.92 ft.; S. 41° 36' W. 256.99 ft.; S. 64° 52' W., 180.59 ft.;
S. 38° 45' W., 98.10 ft, S. 14° 58' W. 935.72 ft.; 5.04° 58' E., 132.61 ft.; S. 21° 48' E.
263.59 ft.; S. 36° 21' E., 623.87 ft.; S. 27° 50' E., 136.04 ft.; and S. 04° 15' E., 37.95
ft. to an unmarked point in a cattleguard, the south line of said 172.19 acre tract for the
south terminus of the herein described easement.
PORTION 2•
Being all of a certain thirty (30) ft. wide strip, tract or parcel of land along the approxi-
mate centerline of an existing caliche road upon, over and across a certain tract of land
conveyed as 155.8 acres from Emmit E. Houser, et ux, to L. L. Williams, et al, by a Warranty
Deed with Vendor's Lien executed the 24th day of August, 1977 and recorded in Volume 200 at
Page 579 of the Deed Records of Kerr County, Texas; being fifteen (15) ft. along and abutting
each side of said centerline described as follows:
BEGINNING at a 60 "d" nail where said centerline intersects the south line of said 155.8
acre tract for the south terminus of the herein described easement; which point bears,
approximately, 2203.8 ft. S. 89° 44' W. from a fence cornerpost marked with a 1/2" iron
stake for the occupied southeast corner of said 155.8 acre tract and Survey No. 1411;
THENCE, with existing centerline: N. 12° 31' E., 127.14 ft. to a 60 "d" nail for a road
angle; N. 18° 12' E., 246.22 f~. to a 60 "d" nail for a road angle; N. 56° 35' 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.
AFFIDAVIT OF POSTING NOTI
STATE OF TEXAS X
COUNTY OF KERR j(
BEFORE LIE, the undersigned authority, on this day personally appeared Frances Kaiser,
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:
Fi~ ~
"1. 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 termination of the county road described in
Exhibit "A" of such Petition.
2. That said notices were posted by me on the 19th day of Feb., 1985."
CLIFF GREESON, SHERIFF
KERR COUNTY COURTHOUSE
KERRVILLE, TEXAS 78028
/s/ Frances Kaiser, Affiant
Deputy Sheriff
Kerr County, Texas
SUBSCRIBED AND SWORN TO BEFORE ME by the said Frances Kaiser on this the 19th day of
Feb., 1985.
(Seal)
/s/ Evelyn Oates
Notary Public, State of Texas
Filed 19th day of Feb., A.D. 1985 at 3:45 P.M.
PATRICIA DYE
Clerk County Court, Kerr County, Texas
By /s/ Dorothy L. Pfeiffer Deputy
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N0. 16044 APPROVAL OF COUNTY TREASURER'S QUARTERLY REPORT ENDING MARCH 31st, 1985
On this the 13th day of May 1985, in Regular Session of Commissioners' Court, came on
for examination the Quarterly Report of Dorothy H. Hilburn, County Treasurer of Kerr County,
Texas, for the period beginning January 1st, 1985 and ending March 31st, 1985, and the same
having been examined and compared by the Court and found correct.
And it appearing to the Court that during the said time the Treasurer has received for
I!
account and credit and paid out of each of said funds as reflected in the report and become
a part hereof, and that said accounts received and paid out of the respective funds, since
~ the filinq of the preceding report and during the period above stated, are found correct as ~!
f
therein shown.
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It is therefore ordered by the court that said detailed report be, and the same is
hereby approved and the Clerk of the Court is hereby ordered to file same in the record
accounts of said Treasurer in accordance with this order.
~ Motion made by Commissioner Holland, seconded by Commissioner Guthrie and unanimously
approved by the Court.
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ii
~ NO. 16045 MINUTES READ AND APPROVED
On this the 13th day of May 1985, upon motion made by Commissioner Lich, seconded by
Commissioner Holland, the Court unanimously approved the Minutes of Commissioners' Court of
Kerr County, Texas, of the Regular Meeting on April 8th, 1985 and of Special Dleetipgs on
April 30th and May_ 1st, 1985, from pages 47 thru 60, Volume Q.
i
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NO. 16046 MONTHLY REPORTS OF COUNTY AND PRECINCT OFFICERS APPROVED, WITH EXCEPTION OF THE
r. DISTRICT CLERK'S REPORT ;'
~',
On this the 13th day of May 1985, came on to be examined by the Court the various
I
~; reports of the County and Precinct Officials of Kerr County, Texas and having heard and i'
i,