ORDER NO. 18287
MOTION TO APPROVE EASEMENT AGREEMENT ACROSS THE JOHN LAPHAM
TRUST LANDS
On this the 6th day of December 1988, upon motion made by
Commissioner Ray, seconded by Commissioner Lich, the Court
unanimously approved to have County Judge Edwards sign the
Easement Agreement from The John Lapham Trust to Kerr County,
and approved Mr. Menefee, the Road and Bridge Engineer, to
seek proposals for the fencing of said easement.
EASE8-1.CTY/RE:E-F/GEK/sgp/7/5/88
-j ~,~$ YOL ~ P;~C~ 3~ D_
EASEMENT AGREEMENT
STATE OF TEXAS
COUNTY OF KERR
KNOW ALL MEN BY THESE PRESENTS:
That THE JOHN LAPHAM TRUST, acting by and through the FROST
NATIONAL BANK and W. RANDOLPH DAVTS, Co-Trustees of THE JOHN
LAPHAM TRUST, hereinafter called GRANTOR, whether one or more,
for and in consideration of the sum of TEN AND NO/100THS ($10.00)
DOLLARS, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged paid by KERB
COUNTY, a political subdivision of the State of Texas,
hereinafter called GRANTEE, and for the further consideration
that GRANTEE agrees to construct and build a fence along the west
side of the easement herein granted. within ninety (90) days of
the execution of this Easement Agreement and to convey said fence
to GRANTOR by Bill of Sale, does hereby GRANT, SELL and CONVEY
unto GRANTEE an easement and right-of-way upon and across the
following described property of the GRANTOR:
See Exhibit "A" attached hereto and hereby incorporated
herein by reference for all intents and purposes as if
copied herein ver~atim_
GRANTOR hereby binds himself, his heirs, and legal
representatives, to warrant and forever defend the above
described easement and rights unto GRANTEE, its successors, and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
Said easement is being given to GRANTEE for the free and
uninterrupted use, liberty and privilege of and passage in and
along the easement and right-of-way herein described; together
with free ingress, egress, and regress for the said GRANTEE,
GRANTEE'S heirs, legal representatives and/or successors and
EASES-1.CTY/RE:E-F/GEK/sgp/7/5/88
VOL ~ 9 z PAGc 3~
Ler.p?tual.
This instrument shall be binding upon the heirs, executors,
administrators, successors, and assigns of the parties hereto.
GRANTEE shall have the right to cut and trim trees or
shrubbery which may encroach upon the easement area herein
conveyed, and GRANTEE shall dispose of all cuttings and trimmings
either by piling and burning within the easement area or by
loading and hauling away from the premises.
The easement, rights, and privileges granted hereunder shall
terminate when, or at such time, as the purposes hereof cease to
exist, are abandoned by GRANTEE,, or become impossible of
performance. GRANTEE may assign and/or transfer this easement
only to another governmental entity, and not otherwise.
Should GRANTEE fail to perform any covenant, undertaking, or
obligation arising hereunder, all rights and privileges granted
hereby shall terminate, and this agreement shall be of no further
force or effect.
IN WITNESS WHEREOF, this instrument is executed this
~~ day of ~ ~P~;(j~/~ , 1988 .
GRANTOR:
THE JOHN LAPHAM, TRUST
FROST NATIONAL BANK, CO-TRUSTEE
--7-~ Y
Name Printed: Bill H. Conner
Tit1e:AGS; Gt _ Vice President
W. RANDOLPH DAV~..~, CO-TRUSTEE ~'~~
W. RA D V , Co-Trustee
EASE8-1.CTY/RE:E-F/GEK/sgp/7/5/88
VOL .~92 PAGc J' ~ 2
STATE OF TEXAS
COUNTY OF BEXAR
This instrument was acknowledged before me on the
f ~ _
day of 'i , 1988, by / ~..~,~ ~~, C.~-~L l"1C;~1
~~
of the
FROST NATIONAL BANK, Co-Trustee of the John Lapham Trust, known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed, in the capacity
therein stated and as the act and deed of said corporation.
,ra
~, I l.-C_. ~ ~ ~.~.... ~ c ~ ~1 . ~ T
LANETTER.Wt~ON Notary Public, State of Texa
Noe"'~`~'«T"" My Commission Expires: ~ f% C
,,, Mr co~+a+b~ w•.~ •n,ne
Notary's Printed Name
STATE OF TEXAS
COUNTY OF BEXAR
This instrument was acknowledged before me on the
~_
day of~/ ~ ~, 1988, by W. RAP7DOLPH DAVIS, Co-Trustee of the
John Lapham Trust, known to me to be the person whose name is
;.s~bs~rrit~et3,, to the foregoing instrument, and acknowledged to me
,~ : ' , w '
,-~,.-•~'•a~-': ~x-ecuted the same for the purposes ana consideration
~h~r~~i~i e~t~r~ssed.
' 'w
••'~~~ <`
.,,~,. fAS •... ~ ~~ ~ ~ ~ ~ :' -- ~J"mil- fc- i~--'
~~~~""''' "~~* Notary Public, Sta~ of Texas
y Commission Expiregs: ~~/~ l~Ej
Notary's Printed Name
STATE OF TEXAS
COUNTY OF KERR
This instrument was acknowledged before me on the 6th
day of Dece~ttber , 1988, by DANNY EDWARDS, County Judge of Kerr
County, Texas, in the capacity therein stated.

YOL 9~ PAGE 3~ 3
IELD NOTES DESCRIPTION FOR 5.58 ACRES OF LAND OVT OF THE LAPHAM ESTATE ALQD~G T1~ "O1,D"
TGH7-OF-WAY OF F.M. HTCHWAY N0. 480 IN KERR COUNTY, TBXA$ .
eing all of a certain tract or parcel of land caoprisiag approxi:oats •creagei out of
srioua Original Patent Surveys is Kerr County, Texas, as followss ~ ,
'~
SURVEY	~JItVEY N0.	ABSTiU1CT N0.	•C~ES
Kneeland Taylor	104	338.	3.91
Michael Seeligsoa	105	289	0.75
Janes A. Ypung	106	~7d	0.8b
apprising approximately 3.97 acres out of PARCEL .14-+t'ract 1, 0.75 acts out of PAitCEL /t-
ract Ho. 2, and 0.86 acre out of PARCEL f2-Tract iio. 3, all thrss paresls being part of
teat land conveyed from Ella ;!Baia l.apham to Johan Lspham by a .Special 1~arrgnty Deed
xtcuted the 27th day of June, 1472 and recorded in Yoluass 156 at Pags 660 of the Deed
acords of Kerr Couaty~ Texas; sad being yore particularly dsaCSibsd by ~etsa sad Dovada
s follows:
dGiNNING at a point where the earl line of said PARCEL •4'~ tact 1 iatersscts tbs
~utheast right-of-way line of the "old" F.M. Highway No. 480 for the northsast corner of
ns herein described tract; ~rhich point bears. approximatsly: i953 ft. N.00'OS'E. f=oy
~s southeast corner pf said PARCEL l4-Tract 1; and 7862.7 ft. 11.00'04'E. troy a fsacs
~rnsrport, the occupied southeast corner of J. R. Burt Survey Dio• 554;
iENCE, with the said east line of PARGEL l4-Tract 1, 5.00'13'Y., at 209.07 ft. passing a
:nce angle post. then con.tinut«g along a fence at 1443.05 #t. passing a fsacs saglepost,
yen continuing not along a fence fora total d1Rt+lncY of 1013.3 ft. t0 tht aorthve~t
~cnsr of amid PARCEL 12-Tract No.2;
ONCE, upon, over and acr08ri~ laid PARCEL i2''Tsact No. 2 and PARCEL iY-Tract No. 3i
~13'S5'E., 102.90 ft. to a 1/2" iron stake 1n a fence; S.00'02'E.~ along said fence, at
~proxiacaCeiy 1247 ft. passing the common line between `aid PARCEL l2Tract lio. 2 and
~RCEL t2-Tract No. 3, then continuing for a total distance of 2572.36 ft. to a fence post
irked with a 1/2" icon Make; and 5.03'S3'E., 110.54 ft. to a 1/2" iron stake set is a
once, the occupied south line of said PAR(3;L /2-Tract No. 3 for the iaitsrly i04thsast
~raer,of the herein described tract;
ONCE, with the said south line of PARCEL i~2 Tract No. 3. partly aloYtg ~ a fence,
.8b'27'Y.. 33.6:1 ft. to a point in the said east lies of PARCEL /4-Tract 1 for s reentrant
~caer of the herein described stns[, chs southwest cosec 4t PAR:rf r2Tract lip. 3;
IENCE, with the said east line of PARCEL i4-Tract 1, South. 45.36 ft• to its southeast
icnsr, the southerly southeast corner of the herela described tract;
dENCE, with the south line of said PARCEL i4-?tact 1, H.89'42'Y.~ 9.93 ft. to i fsncs
~rnerpost for the southwest corner of ttM herein described tr~Ct;
{ENCE, upon, over and across said PARCEL f4-Tract 1: 1i.03'S3'Y., 206.45 ft. to a 1/2"
~oR stake; N.O~'02'W., 2567.95 ft. to a 1/2" iron stake; 1i.13'55'Y.~ 103.00 ft. to • 1/2"
-on stales; N.00''l3'E., 1871.19 fc. to a 1/~" iron sinks; N.02'07'8., 88.68 ft. to a 1/2'
-oa stake; and N.06'19'E., 112.12 ft. to a 1/2" iron stales !a the said southeast right-
`-way lino of the "old" F.M. l;ighwpy lto. 4$o for the tWrthvr`t Cornet of the har.sia
sec ribed tract;
ONCE, with the said southeast right-of-vay line of the "old' F.M. HS`hway 1io. 480,
71'12'E., 36.04 ft. co the PLACE OF S1;GINNING, CGAtalaia~ 5•S$ acres pf laAd~ ~or• or
:ss, within these metes and bounds. '
~• J
'sus 2 - Laphaa Estats 5.58 Acres
hereby certify that these field notss are •n ~ .
~ccurat• deacriptioa of the property coataiaed
.hsrsia as deterained by a survey ~aQs oa .4hs,
;rouad under sy dicectioa and supervisioa, except
w survey vas pads to reestablish Patsat Survey
.inss or corners; and that all property cornsr~
ors s• atsted.
~atsd this 12th day of March, 1987.
~u.G.~ ~~
...:.................
.ss C. Yoclkel ~~f.E C. VOELKEL
.•.j..... ......~.••.
ceQistersd Public Surveyor No. 3909 ~: ~~ ,
:ouaty Surveyor for Kerr County GB'~~c:s~c~:~ ~~
~~C SU~
..
~-
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Assistant Vice President
512/220-4919
Frost National Barak
Member: Cu11enlFrost Bankers. A Family of Texas Banks
November 18, 1988
Mr. Gerald Menefee, P.E.
Kerr County Road a.nd Bridge Dept.
Kerrville, TX 78028
Re: 5072 John Lapham Trust
Dear Mr. Menefee:
.~
j~(( z~ FC'.__._
Enclosed please find the agreement for the: 50 foot road easement across the
Lapham Trust lands. The document ha.s beers executed by the Trustee's. Please
return a copy of .the recorded document to me for my files.
Please contact me to schedule the work on the fence. If the initiation
of the work could be delayed until after the first of the year possible conflicts
with deer hunters could be avoided.
I am glad we have finally settled this matter.
Best regards,
Bill. H. Conner
Trust Farm & Ranch
BHC:lw
Frost National Bank One Hundred West Houston Street Post Office Box 1600 San Antonio. Texas 78296
Y8L ~ 9 ~ PAGE
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RECORDED IN
FILE DATE• ~'' ,any provisions herein which restricts the sate. rental cr use of the described reap
,,^.rcpert; becaes^ ct color or race is invalid and unenforceable under Federal Law
FILE LIME' ' ~ O'CLOCK M THE STATE OF TEXAS l
"OUNT'f OF KERB
VOL. ~~ •{ PAGE I hereby ce~ify that this instrument was FILED in file Number Sequence en the
REGARDING DATE gate and 't the hme stamped hereon by me and was duly RECORDED, m the
Official Public records of Real Property of Kerr County. Texas on
DEC~3 1988
f3Y
PATRICIA DYE
CA&kKlRERR COUNTY
DEC 1~ 1988
.e40F NERq ~I (, t /~~~'~'{jJ
_o
i ^~ !/
~~~ ~d~ COUNTY CLERK. KERR COUNTY, TEXAS
r ~ .. +~.: