ORDER NO. 19679 RATIFICATION AND AMENDMENT OF ORDER NO. 19547 DATED MAY 31, 1990 CLOSING, AHANDDNING AHD VACATING A PORTION OF OLD FALL CREEK ROAD AHD OPENING NEW ROAD AMENDED TD READ AS FOLLOWS WHEREAS, as evidenced by Order Closing Old Road and Opening New Road (the "Prior Order") dateci December 10, 1984, and recorded in Volume 307, Page 741, Real Property Records of Kerr County, Texas, a portion of old Fall Creek Road was r_losed, and a portion of the new Fa]_1 Creek Road was accepted by action of the Commissioners' Court of Kerr County, Texas; and WHEREAS, in connection such Prior Order, RTBB Properties executed and delivered that certain Perpetual Right-of-Way Easement (the "Easement") recorded in Volume 19, Page 820, Easement Records of Kerr County, Texas, granting unto Kerr County, Texas, a dedicated public road easement and right-of-way for said portion of the new Fall Creek Road accepted by the Commissioners' Court; and WHEREAS. the Prior Order and the Easement related to that certain 302.90 acre tract of land described in Exhibit "A". attached hereto and made a part hereof for all purposes (the "Subject Property"); and WHEREAS, by error the Prior Order did not cover the entirety of that portion of the old Fall Creek Road within the Subject Property and the Easement did not cover the entirety of that portion of the new Fall Creek Road within the Subject Property; and WHEREAS, said portion of the old Fall Creek Road omitted from the Prior Order has not been in use by the public and has, in fact, been discontinued; and WHEREAS, said portion of the new Fall Creek Road omitted from the Easement is a suitable alternate route and has been utilized as a public road and has been built in accordance with all County specifications; and WHEREAS, upon its own initiative and also upon the request of the present owner of the Subject Property, and pursuant to Article 6702-1, V. A. G. S. , the Commissioners' Court of Kerr County, Texas has determined that said omitted portion of the old Fall Creek Road should be closed and that said omitted portion of the new Fall Creek Road should be accepted; HOW THEREFORE, BE IT REMEMBERED that. on the 31st day of May, 1990 at a regular meeting of the Commissioners' Court of Kerr County, Texas, convened in accoz•dance with all required notices, procedure, and other legal requirements, the aforesaid matters were duly considered by the said Commissioners' Court and the Commissioners' Court assembled by unanimous consent of all the Commissioners' present duly made the following findings: 1. That it would be expedient to discontinue and close such omitted portion of thE~ old Fall Creek Road previously used as a public roadway; and 2. That the public interest will be better served by making such change and by discontinuing and closing such omitted portion of the old Fall Creek Road and accepting such omitted portion of the new Fall Creek Road in its place; and 3. That all requirements of the State of Texas both as to law and procedure and all prerequisites for the aforementioned change and discontinuance and closing of such road have been duly met and that all such requirements have been substantially complied with. On motion by Commissioner Glenn K. Holekamp, seconded by Commissioner R. Gordon Morgan, and unanimously approved by all Commissioners' present, the Commissioners' Court of Kerr County, Texas, accordingly hereby ORDERS (A) that such portion of the old Fall Creek Road described in Exhibit "$" attached hereto and incorporated herein verbatim for all purposes and any use thereof by the public shall be, and the same is hereby, PERMANENTLY CLOSED, ABANDONED AHD VACATED from this time forward; and tB) that such portion of the new Fall Creek Road described in Exhibit "C" attached hereto and incorporated herein verbatim for all purposes be accepted as a public road. The following members of the Commissioners' Court were present and each participatetd fully in all discussion, consideration, decision, and final vote regarding the matters herein contained: Judge Danny R. Edwards R. Gordon Morgan Bill Ray Glenn K. Holekamp H. A. "Buster" Baldwin -2- The Clerk of the Court is further hereby ORDERED to insert this Order in its entirety i.n the minutes of the Commissioners' Court of Kerr County, Texas. SIGNED and ORDERED this 26th day of July, 1990. COMMISSIONERS' URT OF KERR COUNTY, TEXAS By: DANNY ED ARDS, County Judge of Kerr County, Texas -3- PAGE 920 EXHIBIT "A" I. PROPERTY• Being all of a certain tract or parcel of land comprising approximate acreage out of various Original Patent Surveys in Kerr County, Texas as follows: Survey No. Survey Abstract No. Acres 1 L. A. P attillo 2?3 105.92 3 Adams, Beaty & Moulton 15 141.00 SE 1/2 4 Casper Real 705 1.91 1332 Arthur Real 866 3.46 1586 Casper Real 944 50.61 the same land conveyed as 302.80 acres to Chas. Schreiner Bank from Wallace Robert Nichols, III, et ux, by a Warranty Deed executed the 10th day of October, 1989 and recorded in Volume 525 at Page 746 of the Real Property Rocords of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron stake in a fence for the northwest corner of the herein described tract and said 302.80 acres, the northeast corner of 2.24 acres conveyed to Anna Jean Wiedenfeld MacDonald from R. T. B. B. , a Texas general partnership, by a Warranty Deed executed the 22nd day of January. 1985 and recorded in Volume 312 at page 547 of the Real Property Records of Kerr County, Texas, in the south line of 1004.5 acres conveyed to Robert F. Roberts from Harold Chaney by a Warranty Deed with Vendor's Lien executed the 18th day of July, 1964 and recorded in Volume 118 at Page 628 of the Deed Records of Kerr County, Texas, in the north right-of-way line of a fifty (50) ft. wide public road easement, known as Fall Creek Road, granted to Kerr County from RTBB properties, a Texas Joint Venture, by a Perpetual Right-of-Way Easement executed the 7th day of December, 1984 and recorded in Volume 19 at Page 820 of the Easement Records of Kerr County, Texas; which point 'bears, approximately, 2481 ft. N. 44 degrees 20'W. and 1718 ft. H. 88 degrees 01'W. from the south corner of said Survey No. 3; THENCE, with or near a fence along the common line between said 302.80 acres and said 1004.5 acres, the north right-of-way line of said Fall Creek Road, each point being an anglepost marked with a 1/2" iron stake: 5.85 degrees 2S' 01 "E. 1166. 79 ft. N. 86 degrees 31' 25"E. 743.18 ft. N. 72 degrees 43' 19"E. 1314.45 ft. ; N. 85 degrees 26' 10"E. 272.46 ft. ; N. 70 degrees 12' 15"E. 519.92 ft. ; and N. 52 degrees 53'45"E. 1100.98 ft. ; -1- THENCE, with or near a fence, continuing along the common line between said 302.80 acres and said 1004.5 acres, each point being an anglepost marked witt-i a 1/2" iron stake: N. 37 degrees 36'48"E. along the north right-of-way line of an unrecorded section of said Fall C;reek Road, at 320.60 ft. passing an angle in said right-of-way line, then leaving said right-of-way continuing for a total distance of 389.05 ft. ; N. 24 degrees 40' 33"E. 34. 66 ft. and N. 17 degrees 33' 12"E. 143.55 ft. to the south line of 276.9 acres conveyed to Malcom Huval from Byron P. Dahse, et al, by an Assumption Warranty Deed with Subordinate Vendor's Lien executed the 5th day of March, 1981 and recorded in Volume 245 at Page 305 of the Deed Records of Kerr County, Texas; THENCE, along the remains of an old fence, along the common line between said 302.80 acres and said 276.9 acres: H. 79 degrees 03' 11"E. at 195.7 ft. passing the centerline of said Fall Creek Road, then continuing for a total distance of 293.08 ft. to an anglepost marked with a 1/2" iron stake; and N. 51 degrees 41'08"E. 196.26 ft, to a 1/2" iron stake for the most northerly corner of the herein described tract and said 302.80 acres, the northwest corner of 175.88 acres conveyed to Roy L. Elledge, Jr., from RTBB Properties, a Joint Venture, by a deed executed the 3rd day of July, 1984 and recorded in Volume 299 at Page 349 of the Deed Records of Kerr County, Texas; THENCE, along the common line between said 302.80 acres and said 175.88 acres: S. 5$ degrees 25'09"E., at approximately 70 ft. passing the centerline of the former location of said Fall Creek Road, at 96.2 ft. crossing a fence approximately 13.0 ft. southwest of a cornerpost, then diverging from a fence, at 330. 2 ft. passing 24» 4 ft. southwest of an anglepost, then continuing for a total distance of 376.93 ft. to a post in a fence marked with .a 1/2" iron stake for the easterly northeast corner of the herein described tract; 5.04 degrees 55' 37"E. , west of and diverging from a fence, at approximately 296.5 ft. passing 139.4 ft. west of an anglepost, then west of and converging with a fence, at 1132.5 ft. passing an anglepost, then continuing with or near a fence for a total distance of 1590.97 ft. to an anglepost, and with or near a fence, S. 53 degrees 58' 26"W. 700.22 ft. to an anglepost, and 5.02 degrees 39'50"E. 1606.86 ft. to a cornerpost for the southeast corner of the herein described tract and said 302.80 acres, the southwest corner of said 175.88 acres, in the north line of 1293.3 acres conveyed as PARCEL NO. ONE to H. L. Neeb from Riedel & Sons, a co-partnership, by a Warranty Deed executed the 15th day of August, 1975 and recorded in Volume 181 at Page 737 of the Deed Records of Kerr County, Texas; -2- THENCE, with or near a fence along the common line between said 302.80 acres and said 1293.3 acres, each point marked with an anglepost : S. 87 degrees 17' S4"W. 663. 44 ft. N. 67 degrees 17' 32"W. 438. 34 ft. ; N. 77 degrees 32' S3"W. 405.99 ft. and S. 69 degrees 53' 37"W. 1139. 38 ft. to a cornerpost at the northwest corner of said 1293.3 acres, the northeast corner of 802.50 acres described in a Deed of Trust from Anna Jean Wiedenfeld MacDonald to Bob Copeland, Trustee, executed the 19th day of March, 1985 and recorded in Volume 316 at Page 189 of the Deed of Trust Records of Kerr County, Texas; THENCE, with or near a fence along the common line between said 302.80 acres and said 802.50 acres, each point marked with an anglepost : N. 62 degrees 35' 31"W. 970.82 ft. S. 69 degrees 19' 21"W. 815. 88 ft. N. 76 degrees 51' 30"W, 330. 30 ft. ; 5.81 degrees 18'16"W. 478.12 ft. N. 25 degrees 20'03"W. 686. 16 ft. and N. 35 degrees 23' 34"W. 738. 32 ft. to the most westerly corner of the herein described tract and said 302.80 acres, the southeast corner of said 2.24 acres (Volume 312 Page 547); THENCE, with or near a fence along the common line between said 302. 80 acres and said 2. 24 acres, N. 13 degrees 22' 35"E. , at 706.2 ft, passing an anglepost in the occupied south right-of-way line of said fifty (50) ft. wide public road easement, then continuing not along a fence for a total distance of 744.14 ft. to the PLACE OF BEGINNING containing 302.90 acres ( 13, 194, 350 square feet ) of land, more or less, within these metes and bounds; SAVE AND SUBJECT TO the rights of the public to the perpetual and uninterruped use, for road and utility purposes, of a fifty (50) ft. wide strip of land along and abutting that part of the north line of the hereinabove described 302.90 acres, as referenced hereinabove. -3- EXHIBIT "B" Being all of a certain fifty (50) j`t. wide strip, tract or parcel of land containing 1.18 acres, more or less, out of A. B. & M. Survey No. 3, Abstract No. ].5 in Kerr County, Texas; part of a certain 302.80 acre tract conveyed from RTBB Properties to Wallace Robert Nichols, III, et ux, by a Warranty Deed with Vendor's Lien executed the 5th day of February, 1985 and recorded in Volume 310 at Page 596 of the Deed Records of Kerr County, Texas; the centerline being more particularly described as follows: BEGINNING at a point in the approximate center of Fall Creek Road at its intersection with they northerly Line of said 302.80 acre tract for the north terminus of the herein described tract; which point bears 285.6 ft. N. 58 degrees 23'W. from the northeast corner of said 302.80 acre tract; THENCE, upon, over and across said 302.80 acre tract with the approximate centerline of Fall Creek Road, all calls to 60 "d" nails at road angles: S. 56 degrees 45'W. 247.17 ft. ; S. 66 degrees 28' W. 113.02 ft. ; S. 56 degrees 4$' W. 219. 24 ft. ; S. 33 degrees 22' W. 106. 00 ft. to a point at the north terminus of a fifty (50) ft. wide strip of land described in Exhibit A of an Order Closing Old Road and Opening flew Road executed the 10th day of December, 1984 and recorded in Volume 307 at Page 741 of the Deed Records of Kerr County, Texas; and 5.46 degrees 13'W. 342.43 ft. to a point for the south terminus of the herein described tract, including land twenty-five t25) ft. each side of the herein described centerline. EXHIBIT "C" Being all of a certain fifty (50) ft. wide strip, tract or parcel of land containing 0.82 acre, more or less, out of A. B. & M. Survey No. 3, Abstract No. 15 in Kerr County, Texas; part of a certain 302.80 acre tract conveyed from RTBB Properties to Wallace Robert Nichols, III, et ux, by a Warranty Deed with Vendor's Lien executed the 5th day of February, 1985 and recorded in Volume 310 at Page 596 of the Deed Records of Kerr County, Texas; the centerline being more particularly described as follows: BEGINNING at a point in the north line of said 302.80 acre tract and south line of a certain 2?6.9 acre tract conveyed from Bryon P. Dahse, et al, to Malcom Huval by an Assumption Warranty Deed with Subordinate Vendor's Lien executed the 5th day of March, 1981 and recorded in Volume 245 at Page 305 of the Deed Records of Kerr County, Texas for the north terminus of the herein described tract; which point bears, approximately, 569.9 ft. West and 59.5 ft. North from the northeast corner of said 302.80 acre tract; THENCE, upon, over and across said 302.80 acre tract with the centerline of Fall Creek Road : S. 44 degrees 53' W. , 388. 30 ft. ; and S. 37 degrees 51' W. , 317.92 ft. to a point in the centerline of Fall Creek Road, a fifty t50) ft. wide public road conveyed from RTBB Properties to Kerr County, Texas by a Perpetual Right-Of-Way Easement executed the 7th day of December, 1984 and recorded in Volume 19 at Page 820 of the Easement Records of Kerr County, Texas, 342.43 ft. S. 46 degrees 13'W. from its north terminus for the south terminus of the herein described tract, including land twenty-five (25) ft. each side of the herein described centerline. COMMISSIONERS' COURT AG NDA REQUEST • PLEASE FURNISH ONE ORIGINAL aNn sFVEN OPI s OF THIS R QU TAND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Danny Edwards MEETING DATE: 7-26-90 SUBJECT: (PLEASE BE SPECIFIC): Fall Creek Road Abandonment. OFFICE County Judge TIME PREFERRED: Consideration of ratifying Order No. 19547 regarding ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252- i 7 1s as follows: • Meetings held on second Monday: t 2:00 P. M. previous Wednesday • Meetings held on Thursdays: 5:00 P. M. previous Thursday. If preferable, Agenda Requests may be made on office stationery with the above information attached. THIS REQUEST RECEIVED BY: LR THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine tf adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. _ ALLACE. MOSTY, MACHANN. JACKSON & WILLIAM _ ._ ~ 1 ~~ ~~ „_ ._. ----~--~--~- ATTORNEYS AT LAW A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ~~ TELEPHONE. 512/896-3811 DAVID L. JACKSON ~ TELEFA% 512/257-6119 BOARD CERTIFIED E. DWAINE MACHANN FARM. RANCH, COMMERCIAL RICHARD C MOSTY 820 MAIN ST., SUITE T00 AND RESIDENTIAL REAL ESTATE KERRVILLE, TEXAS 78028-b300 ~~BOARO CERTIFIED PERSONAL EDGAR A. WALLACE N KEITH WIL LIA MS ;~ INJURY TRIAL LAW June 26, 1990 S. PRESTON DOUGLASS. JR HAND DELIVERED Mr. Gerald Menefee Kerr County Road and Bridge Administrator Spur 100 Kerrville, Texas 78028 Re: Fall Creek Road Abandonment Dear Gerald: In connection with the above, enclosed please find the following: 1. Original Order Closing, Abandoning and Vacating a Portion of Old Fall Creek Road and Opening New Road, to be executed and acknowledged as therein provided and filed of record with the County Clerk, with a copy of the fully executed Order delivered to this firm; 2. Copy of Perpetual Right-of-Way Easement, the original of which has this date been forwarded to Mr. Newton for execution and acknowledgment and return to us for recordation; and 3. Copies of survey plat prepared by Lee Voelkel, reflect- ing that portion of Old Fall Creek Road to be abandoned and the portion to be accepted and dedicated to the County. If you have any questions concerning the enclosed documents, please let me know. Sincerely yours, E. Dwaine Machann EDM/gr(19EDMdj) - Mr. Gerald Menefee June 26, 1990 Page 2 Enclosures cc: Mr. Carl D. Newton, III Chairman of the Board President and CEO Fox Photo 70 N.E. Loop 410 Suite 1100 San Antonio, Texas 78216 cc: Mr. Oscar Montemayor Fox Photo 70 N.E. Loop 410 Suite 1100 San Antonio, Texas 78216 cc: Mr. Richard B. Moore Gresham, Davis, Gregory, Worthy & Moore 900 NBC Bank Plaza San Antonio, Texas 78205-1542 ~' ~ L..~., a ~ . . , NO. STATE OF TEXAS § COMMISSIONERS' COURT COUNTY OF KERR § OF KERR COUNTY, TEXAS ORDER CLOSING, ABANDONING AND VACATING A PORTION OF OLD FALL CREEK ROAD AND OPENING NEW ROAD WHEREAS, as evidenced by Order Closing Old Road and Opening New Road (the "Prior Order") dated December 10, 1984, and record- ed in Volume 307, Page 741, Real Property Records of Kerr County, Texas, a portion of old Fall Creek Road was closed, and a portion of the new Fall Creek Road was accepted, by action of the Commis- sioners' Court of Kerr County, Texas; and WHEREAS, in connection such such Prior Order, RTBB Prop- erties executed and delivered that certain Perpetual Right-of-Way Easement (the "Easement") recorded in Volume 19, Page 820, Easement Records of Kerr County, Texas, granting unto Kerr County, Texas, a dedicated public road easement and right-of-way for said portion of the new Fall Creek Road accepted by the Commissioners' Court; and WHEREAS, the Prior Order and the Easement related to that certain 302.90 acre tract of land described in Exhibit "A", attached hereto and made a part hereof for all purposes (the "Subject Property"); and WHEREAS, by error the Prior Order did not cover the entirety of that portion of the old Fall Creek Road within the Subject Property and the Easement did not cover the entirety of that portion of the new Fall Creek Road within the Subject Property; and WHEREAS, said portion of the old Fall Creek Road omitted from the Prior Order has not been in use by the public and has, in fact, been discontinued; and WHEREAS, said portion of the new Fall Creek Road omitted from the Easement is a suitable alternate route and has been utilized as a public road and has been built in accordance with all County specifications; and WHEREAS, upon its own initiative and also upon the request of the present owner of the Subject Property, and pursuant to Article 6702-1, V.A.C.S., the Commissioners' Court of Kerr County, Texas has determined that said omitted portion of the old Fall Creek Road should be closed and that said omitted portion of the new Fall Creek Road should be accepted; NOW THEREFORE, BE IT REMEMBERED that on the 31st day of May, 1990 at a regular meeting of the Commissioners' Court of Kerr County, Texas, convened in accordance with all required notices, procedure, and other legal requirements, the aforesaid matters were duly considered by the said Commissioners' Court and the Commissioners' Court assembled by unanimous consent of all the Commissioners' present duly made the following findings: 1. That it would be expedient to discontinue and close such omitted portion of the old FALL CREEK ROAD previ- ously used as a public roadway; and 2. That the public interest will be better served by making such change and by discontinuing and closing such omitted portion of the old FALL CREEK ROAD and accepting such omitted portion of the new FALL CREEK ROAD in its place; and 3. That all requirements of the State of Texas both as to law and procedure and all prerequisites for the afore- mentioned change and discontinuance and closing of such road have been duly met and that all such requirements have been substantially complied with. On motion by Commissioner Glenn K. Holekamp, seconded by Commissioner Gordon Morgan, and unanimously approved by all Commissioners' present, the Commissioners' Court of Kerr County, Texas, accordingly hereby ORDERS (A) that such portion of the old FALL CREEK ROAD described in Exhibit "B" attached hereto and incorporated herein verbatim for all purposes and any use thereof by the public shall be, and the same is hereby, PERMANENTLY CLOSED, ABANDONED AND VACATED from this time forward; and (B) that such portion of the new FALL CREEK ROAD described in Exhibit "C" attached hereto and incorporated herein verbatim for all purposes be accepted as a public road. The following members of the Commissioners' Court were present and each participated fully in all discussion, consid- eration, decision, and final vote regarding the matters herein contained: Judge Danny Edwards H.A. "Buster" Baldwin Gordon Morgan Glenn K. Holekamp -2- The Clerk of the Court is further hereby ORDERED to insert this Order in its entirety in the minutes of the Commissioners' Court of Kerr County, Texas. SIGNED and ORDERED this day of THE STATE OF TEXAS ~ THE COUNTY OF KERR ~ 1990. COMMISSIONERS' CO T OF KERR COUNTY, TEXAS i By : ~ ! • GZ~~ DANNY E ARD , County Judge of Kerr County, Texas I, PATRICIA DYE, Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas, do hereby certify that the above and foregoing is a true and correct copy of ORDER N0. passed by the Commissioners' Court on the day of , A.D. 1990, as the same appears of record in Volume , Page _ of the Minutes of the Commissioners' Court of Kerr County, Texas. IN TESTIMONY WHEREOF, I of office at Kerrville, Texas, A.D. 1990. have hereunto set my hand and seal on this day of , PATRICIA DYE Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas By: Deputy 17EDMcz -3- F.XHTRTT "A" I. PROPERTY: Being all of a certain tract or parcel of land comprising approximate acreage out of various Original Patent Surveys in Kerr County, Texas as follows: Survey No. Survey Abstract No. Acres 1 L.A. Pattillo 273 105.92 3 Adams, Beaty 6 Moulton 15 141.00 SE ~, 4 Casper Real 705 1.91 1332 Arthur Real 866 3.46 1586 Casper Real 944 50.61 the same land conveyed as 302.80 acres to Ciiae. Schreiner Bank from Wallace Robert Nichols, III, et ux, by a Warranty Deed executed the 10th day of October, 1989 and recorded in Volume 525 at Yage 746 of the Real Property Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at a '~" iron stake in a fence for the nortliweat cocnez of the herein described tract and said 302.80 acres, the northeast corner of 2.24 acres conveyed to Anna Jean Wiedenfeld MacDonald from A. T. B. B., a Texas general partnership, by a Warranty Deed executed the 22nd day of January, 1985 and recorded in Volume 312 at Page 547 of the Aeal Property Records of Kerr County, Texas. in the south line of 1004.5 acres conveyed to Aobert F. Roberts from Harold Chaney by a Warranty Deed with Vendor's Lien executed the 18th day of July, 1964 and recorded in Volume 118 at Page 628 of the Deed Records of Kerr County, Texas, in the north right-of-way line of a fifty (50) ft. wide public road easement, known as Fall Creek Road, granted to Kerr County from RTBB Properties, a Texas Joint Venture, by a Perpetual Right-of-Way Easement executed the 7th day of~becember, 1984 and recorded in Volume 19 at Page 820 of the Easement Records of Kerr County, Texas; which point bears, approximately, 2481 ft. N.44°20'W. and 1718 ft. N.88°O1'W. from the south corner of said Survey No. 3; THENCE, with or near a fence along the common line between said 302.80 acres and said 1004.5 acres, the north rigi:t-of-way line of said Fall Creek Road, each point being an anglepost marked with a '~" iron stake: S.85°25'01"E. 1166.79 ft.; N.86°31'25"E. 743.18 ft.; N.72°43'19"E. 1314.45 ft.; N.85°26'10"E. 272.4b ft.; N.70°12'15"E. 519.92 ft.; and N. 52°53'45"E. 1100.98 ft.; THENCE, with or near a fence, continuing along the common line between ea id 302.80 acres and said 1004.5 acres, each point being an anglepost marked with a '~" iron stake: N.37°36'48"E. along the north right-of-way line of an unrecorded section of said Fall Creek Road, at 320.60 ft. passing an angle in said right-of-way line, then leaving ea id right-of-way continuing for a total distance of 589.05 ft.; N.24°40'33"E. 34.66 ft.; and N.17°33'12"E. 143.55 ft. to the south line of 276.9 acres conveyed to Malcom Huval from Byron P. Dahse, et al, by an Assumption Warranty Deed with Subordinate Vendor's Lien executed the 5th day of March, 1981 and recorded in Volume 245 at Page 305 of the Deed Records of Kerr County, Texas; ' THENCE, along the remains of an old fence, along the common line between said 302.60 acres and said 276.9 acres: N.79°03'11"E. at 195.7 ft. passing the centerline of said Fall Creek Road, then continuing for a total distance of 293.08 ft. to an anglepost marked with a ~," iron stake; and N.51°41`08"E. 196.26 ft. to a ~" Sron stake for the most northerly corner o£ the herein described tract and said 302.80 acres, the northwest corner of 175.88 acres conveyed to Roy L. Elledge, Jr., from RTBB Properties, a Joint Venture, by a deed executed the 3rd day of July, 1984 and recorded in Volume 299 at Page 349 of the Deed Records of Kerr County, Texas; THENCE, along the common line between said 302.80 acres and said 175.88 acres: S.58°25'09"E., at approximately 70 ft. passing the centerline of the former location of said Fall Creek Road, at 96.2 ft. crossing a fence approximately 13.0 ft. southwest of a cornerpost, then diverging from a fence, at 330.2 ft. passing 24.4 ft. southwest of an anglepost, then continuing for a total distance of 376.93 ft. to a post in a fence marked with a ~" iron stake for the easterly northeast corner of the herein described tract; 5.04°55'37"E., west of and diverging from a fence, at approximately 296.5 ft. passing 139.4 ft. west of an anglepost, then west of and converging with a fence, at 1132.5 ft. passing an anglepost, then continuing with or near a fence for a total distance of 1590.91 ft. to an anglepost; and with or near a fence, 5.53°58'26"W. 700.22 ft. to an anglepost, and S.02°39'50"E. 1606.86 ft. to a corner post far the southeast corner of the herein described tract and said 302.80 acres, the southwest corner of said 175.88 acres, in the north line of 1293.3 acres conveyed as PARCEL N0. ONE to H. L. Neeb from Riedel b Sons, a co-partnership, by a Warranty Deed- executed the 15th day of August, 1975 and recorded in Volume 181 at Page 737 of the Deed Records of Kerr County, Texas; Tl[ENCC, with or near a fence along the common line between said 302.80 acres and said 1293.3 acres, each point marked with an anglepoet: 5.87°17'54"W. 663.44 ft.; N.67°17'32"W. 438.34 ft.; N.77°32'53"W. 405.99 ft.; and S.69°53'37"W. 1139.38 ft. to a cornerpost at the northwest corner of said 1293.3 acres, the northeast corner of 802.50 acres descrlbed in a Deed of Trust from Anna Jean Wiedenfeld MacDonald to Bob Copeland, Trustee, executed the 19th day of March, 1985 and recorded in Volume 316 at Page 189 of the Deed of Trust Records of Kerr County, Texas; . THENCE, with or near a fence along the common line between said 302.80 acres and said 802.50 acres, each point marked with an anglepoet: N.62'35'31"W. 970.82 ft.; 5.69°19'21"W. 815.88 ft.; N.76°51'30"W. 330.30 ft.; 5.81°18'16"W. 418.12 ft.; N.25°20'03"W. 686.16 ft.; and N.35°23'34"W. 738.32 ft. to the moat westerly corner of the herein described tract and said 302.80 acres, the southeast corner of said 2.24 acres (Volume 312 Page 547); THENCE, with or near a fence along tiie common line between said 302.80 acres and said 2.24 acres, N.13°22'35"E., at 706.2 ft. passing an anglepost in the occupied south right-of-way line of said fifty (50) ft. wide public road easement, then continuing not along a fence for a total distance of 744.14 ft. tv the PLACE OF BEGINNING containing 302.90 acres (13,194,350 square feet) of land, more or less, within these metes and bounds; SAVE AND SUBJECT TO the rigl~te of the public to the perpetual and uninterrupted use, for road and utility purposes, of a Fifty (50) ft. wide strip of land along and abutting that part of the north line of the liereinabove described 302.90 acres, as referenced hereinabove. EXiiIBIT "B" Being all of a certain fifty (50) ft. wide strip, tract or parcel of land containing 1.18 acres, more or less, out of A. B. & M. Survey No. 3, Abstract No. 15 in Kerr County, Texas; part of a certain 302.80 acre tract conveyed from RTBB Properties to Wallace Robert Nichols, III, et ux, by a Warranty Deed with Vendor's Lien executed the 5th day of February, 1985 and recorded in Volume 310 at Page 596 of the Deed Records of Kerr County, Texas; the centerline being more particularly described as follows: BEGINNING at a point in the approximate center of Fall Creek Road at its intersection with the northerly line of said 302.80 acre tract for the north terminus of tl~e herein described tract; which point bears 285.6 ft. N.58°23'W. from the northeast corner of said 302.80 acre tract; THENCE, upon, over and across said 302.80 acre tract with the approximate centerline of Fall Creek Road, all calls to 60 "d" nails at road angles: S.56°45'W. 247.17 ft.; 5.66°28'W. 113.02 ft.; S.56°48'W. 219.24 ft.; S.33°22'W. 106.00 ft. to a point at the north terminus of a fifty (50) ft. wide strip of land described in Exhibit A of an Order Closing Old Road and Opening New Road eexecuted the 10th day of December, 1984 and recorded in Volume 307 at Page 741 of the Deed Records of Kerr County, Texas; and 5.46°13'W. 342.43 ft. to a point for the south terminus of the herein described tract, including Land twenty-five (25) ft. each side of the tie rein described centerline. Being all of a certain fifty (50) ft. wide strip, tract or parcel of land containing U.tSG acre, more or less, out of A. B. & M. Survey No. 3, Abstract No. 15 in Kerr County, Texas; part of a certain 302.80 acre tract conveyed from RTBB Properties to Wallace Robert Nichols, TII, et ux, by a Warranty Deed with Vendor's Lien executed tl~e 5tli day of February, 1985 and recorded in Volume 310 at Page 546 of the Deed Records of Kerr County, Texas; tiie centerline being more particularly described as follows: BEGINNING at a point in the north line of said 302.80 acre tract and south line of a certain 276.9 acre tract conveyed from Bryon P. Dat~se, et al, to Malcom tIuval by an Assumption Warranty Deed with Subordinate Vendor's Lien executed the 5th day of March, 1981 and recorded in Volume 245 at Page 305 of the Deed Records of Kerr County, Texas for the north terminus of the herein described tract; which point bears, approximately, 569.9 ft. West and 59.5 ft. North from the northeast corner of said 302.80 acre tract; THENCE, upon, over and across said 302.80 acre tract with the centerline of Fall Creek Road: S.44°53'W., 388.30 ft.; and 5.37°51'W., 317.92 ft. to a point in the centerline of Fall Creek Road, a fifty (50) ft. wide public road conveyed from RTBB Properties to Kerr County, Texas by a Perpetual Right-Of-Way Easement executed the 7th day of December, 1984 and recorded in Volume 19 at Page 820 of the Easement Records of Kerr County, Texas, 342.43 ft. S.46°13'W. from its north terminus for the south terminus of the herein described tract, including land twenty-five (25) ft. each side of the herein described centerline. PERPETUAL RIGHT-OF-WAY EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF KERR ~ THAT CARL D. NEWTON, III, a single man (herein "Grantor") for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS in hand paid by KERR COUNTY, TEXAS, the receipt of which is hereby acknowledged, and the further consideration of the covenants later expressed herein, has this day GRANTED ANU CONVEYED, and by these presents does GRANT AND CONVEY, unto KERR COUNTY, TEXAS (herein "Grantee") a dedicated public road easement and public right-of-way upon and across all of the following described property of Grantor, to-wit: All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, more partic- ularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Included with this grant, without limitation, is Grantee's right to use the aforementioned right-of-way easement for the purpose of placing, constructing, operating, repairing, maintain- ing, rebuilding, replacing, relocating, and removing electric transmission lines, telecommunication transmission or dis- tribution lines, water distribution lines or sewer lines or underground utilities, and improvements for pedestrian and vehicular ingress and egress over, across and upon the above described property. 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 or burning within the easement area or by loading and hauling away from the premises. The foregoing agreements are, and shall remain, covenants running with the grant and the lands adjoining the same, and shall be binding upon and inure to the benefit of the parties hereto and the heirs, successors and assigns of the parties. The easement, rights, and privileges herein granted shall be exclusive and perpetual and Grantor covenants that he will not convey any other easement or conflicting rights within the area covered by this grant; however, the easement, rights and privi- leges granted hereunder shall terminate when, or at such time, as the property hereinbefore described in ceased to be used as a public road or public right-of-way or is abandoned by Grantee. This conveyance is made and accepted subject to all valid and subsisting easements of record in the Office of the County Clerk of Kerr County, Texas and also the existing utility lines and easements therefor in favor of Bandera Electric Cooperative and Kerrville Telephone Company. Grantor hereby binds himself and his heirs, representatives and assigns to WARRANT AND FOREVER DEFEND the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED this day of 1990. CARL D. NEWTON, III Grantee's Address: Kerr County Courthouse Kerrville, Texas 78028 THE STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on this day of , 1990, by CARL D. NEWTON, III. Notary Public, State of Texas 17EDMcy -2- BXHIBIT "A" Being alI of a certain fifty (50) ft. wide strip, tract or parcel of land containing U.tS'L acre, more or less, out of A. B. & C1. Survey No. 3, Abstract- No. 15 in Kerr County, Texas; part of a certain 302.80 acre tract conveyed from RTBB Properties to Wallace Robert Nichols, III, et ux, by a Warranty Deed with Vendor's Lien executed the 5th day of February, 1985 and recorded in Volume 310 at Page 596 of the Deed Records of Kerr County, Texas; the centerline being more particularly described as follows: BEGINNING at a point in the nortV~ line of said 302.80 acre L-ract and south line of a certain 276.9 acre tract- conveyed from Bryon P. llalise, et al, to Malcom lluval by an Assumption Warranty Deed with Subordinate Vendor's Lien executed the 5th day of March, 1981 and recorded in Volume 245 at Page 305 of the Deed Records of Kerr County, Texas for the north terminus of the herein described tract-; which point bears, approximately, 569.9 ft. West and 59.5 ft. rlortli from tl~e northeast corner of said 302.80 acre tract; THENCE, upon, over and across said 302.80 acre tract with the centerline of Fall Creek Road: S.44°53'W., 388.30 ft.; and 5.37°51'W., 317.92 ft. to a point in tl~e centerline of Fall Creek Road, a fifty (50) ft. wide public road conveyed from RTBB Properties to Kerr County, Texas by a Perpetual Right-Of-Way Easement executed the 7t1~ day of December, 1984 and recorded in Volume 19 at Page 820 of the Easement Records of Kerr County, Texas, 342.43 ft. 5.46°13'W. from its north terminus for tl~e south terminus of the herein described tract, including land twenty-five (25) ft. each side of the herein described centerline. ORDER NO. 19547 APPROVAL OF ABANDONMENT OF FORMER EASEMENT OF FALL CREEK ROAD, SUBJECT TO THE APPROVAL OF THE FINAL FIELD NOTES BY THE ROAD ENGINEER GERALD MENEFEE On this the 31st day of May 1990, upon motion made by Commissioner Holekamp, seconded by Commissioner Morgan, the Court unanimously approved the abandonment of former easment of Fall Creek Road, subject to the approval of the final field notes by the Road Engineer, Gerald Menefee. v, i.. ; ,,> -• . ~ , ja; .. ,2 , a v p,c zu FFuvd~• ^J,ir ~Se c~ a. ~S 7~j ~' ~ JO.. ~3~pgl`8 ~ Ft~ 3c;~ ~.. i' " IG 293 h h~~°~3~w e133°~?~~ L .~~3~_ _ yGA'3S tY' 217 z1 3'07 `1'r G,3.a4 • 93 ~~.~ n'1 yule lcj Yy F~ f ~ 1~i3 nl 1 ~j dnn ", ~ ~ c,'1~` ~ ~ ~, ,;~ _ I :~i ,~ . ~~, ~ t----- ~~~~v; ~ ~ ~r ~~ X30' ~~~ ~~ .f f=y~~ // ~ ~ D ~~ ry~ r~i S~ing ~ , ~ ~. gyCl ,d, e rc~a = o ~ ft~ -,.u ll G~e1F ' ~' ~ " d ~ ti ; / - ~ ~ fa ,~~~/,/ r+~ ~ aban~~on~ ~ 'w ~c .t /Y ~~,~ '• ~'" ...~° 13~ W 1 342.43 .. ..` ! • - :~ ,. a- , i ~ r ~Y ~'P' y~o P~ ~:o •ld n-a~ S',6S ~~~,ori~ N~ ~'a '1.n2 ~c. xS"2 ~L-£ 1 tZ 38 t ~,FF> ~ W ~ 2nd 4q- 2tQ, ~