,3E~. ROVRL. U(~ 'JFiI±SI:,~d~-: t T~iJ ;~,IG I-'L.FI Ft~:LUi I ~rl~a~l;_, ',.5!- -.1_:i~:T:UI`.I '.4'!l' il,: ;iUi ~_`~ ui- Itl"itc.. '•t..;E.`cidL.: ~"ifi_.:~LI~I:Lt:.t, ... 411 [78'~ li i 7•.. `: it !~i i" .-'7 `, _ i ]u',i lil r, h-.7 ~+n Irt <1,7 ~] .] t .-:,aun: s .i.nne"r Oehler, s~:~condec by Cnmmi:;sioner Flolek~amp, the ,._ -1: unanieously approved by a vote of 4-0-0, ~ :~t~l-ri~e•. ~ fZC ri`ikllZh'W11=N7'S f.~~' Sr f 3'/DN S"o 2 (rt) n~ Trf~ fZLI,LF Er <~Es?11 C~L~N~'Y ~0>Z P141V~}~1"c SCwt.RR-(,-c" ~RCCL[TIC=S; EXECUTIVE SESSION REQUESTED PLEASE STATE REASON YES NO ~_ ESTIP1ATED LENGTH OF PRESENTATION PERSONNEL MATTER - NAME OF EMPLOYE: ~D {~ rn~u>-~ 5 NAME OF PERSON ADDRESSING THE COURT: Time for sub~mttting this request for Court to assure that the matter !s posted !n accordance wt[h Articie 6252-17 is as follows: * Meetings held on second Monday: 12:00 P.M. previous Wednesday * Meetings held on Thursdays: 5:00 P.M, previous Thrusday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON : ,@ Atl Agenda Requests will be screened by the County Judge's Office to determine If adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated antl contribute towards your request being addressed at the earnest opportunity. See Agenda Request Guidelines. T0: Commissioners Court, Kerr County, Texas FROM= David A. Ballard SUBJECT= Appeal for variance to the plat requirements of section 502 (k) of the rules of Kerr County for private sewerage facilities. - BACKGROUND - Property in question is Tract # 13 of Riverside North, an unrecorded plat located in Hunt, Kerr County, Texas - Attachment 1 is the Warrenty Deed with Lien, recorded by the County Clerk in August of 1986. The legal description of the property is contained in this attachment. - Attachment 2 is the Release of Lien recorded by the County Clerk in February of 1991. - Attachment 3 is a recent (April 1990) survey of Tract #13 Note= The house will be located on top of the ridge over 400 feet from the river and will meet all the requirements of the Kerr County Environmental Health Department and the Riverside Subdivision. - I purchased this property in August of 1986 with the intention of working toward building my retirement home in years to come. I investigated all current home building requirements prior to the purchase. I committed to this investment in good faith that I could build my home on this property. - Last year, getting closer to my goal, I reverified my understanding of the regulations by visiting with Mr. David Litke of the Kerr County Environmental Health Department to review the applicable requirements. Again it was concluded I could comply with the requirements. - The Riverside Homeowners Association has reviewed and approved of my plans to date. - My property has been inspected recently and I understand and will comply with the recommended wastewater treatment system. - SUMMARI' - I purchased this property over five years ago in good faith that I could build my home on it. - I have paid taa:es on this property for five years based on an assessed value representative of a subdivision viable for home building. - I ran and will meet all the tecnica2 requirements leading to a safe private sewerage facility. - I can and will meet all the requirements of the Riverside Subdivision. - It will be an extreme financial burden to me and my wife, if after all this investment, I cannot build on this property. Therefore, with all due respect, I request this variance to allow me the appropriate permits for the installation of a private sewerage facility on Tract ri 13 of Riverside North, Kerr County, Texas. /~ // David A. Ballard 2006 Willow Wisp Dr. Sr~abrook, Tx. 77586 29 October 1991 Judge Bill Stacy County Court House 700 W. Main St. Ken'ville, Tx. 78028 Dear Sir= Please find attached my request for hearing on the next Commissioners Court agenda ( 12 November 1991 ? ) to discuss my appeal for variance to the plat requirements of section 502(k) of the rules of Kerr County for private sewerage facilities. Also attached is a package of background materiel to substantiate my request. Please notify me as soon as convenient to confirm the agenda schedule. Thank you for your help. / C •e el~ / ~~- II, David A. Ballard ,~a . ~~~., 389 PAGE 29: property equal to 1/32nd of all of such minerals which may be produced and saved from said lands. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantees, their heirs and assigns forever; and we do hereby bind ourselves, our hairs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantees, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. But it is expressly agreed that the Vendor's Lien, as well ss the Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute, EXECUTED this ~ day of THE STATE OF TEXAS § THE COUNTY Or KERR § This instrument was acknowledged before me on this the day of ~, 1986, by PAUL L. B HONG. _ ;;, c., ~: ...~. ..; , j,n?~ Notary Pu lic~ L~"~2.c.,~~ ~_ ~ Sta~~//te of Texas// THE STATE OF TEXAS § t/KJ/U~" ~' v ,/'~S ~~~ THE COUNTY OF KERR § This inns-t~rument was acknowledged before me on this the ~g day of (~~m' , 1986, by SCOTT N. MOSTY, TRUSTEE of the Paul Bushong Fa ily Trust,in the capacity theYein~~•atate. , , _ ,un ~n~n ~~. ' '~ ' ~'<, '•. Notary Publ c_ ~" %"~ ~' State of Te a}sn~ ~~~~ ~7~1,~ ~' nr , PAUL BUSHONG FAMILY TRUST BY• •Scott N. Mosty, stee [) _ {~ ~ !; `t ~ t t bL 1l ~ 1 4 ~~..389 PAGE 292 r~nr~~ WARRANTY DEED WITH VENDOR' S LIEN THE STATE VOF TEXAS § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF KERR § THAT WE, PAUL L. BUSHONG of the County of Kerr and State of Texas, owning, occupying and claiming other property as my homestead, and PAUL BUSHONG FAMILY TRUST, acting herein by and through SCOTT N. MOSTY, TRUSTEE, for and in consideration of the sum of TEN AND NO/100 {g10.00) DOLLARS, and other valuable consideration to the undersigned paid by the grantees herein named, the receipt of which is hereby acknowledged and confessed, and for which said portion of the total consideration, no lien, either expressed or implied, does or shall exist, AND FOR THE FURTHER CONSIDERATION of the execution and delivery by grantees of their one certain promissory note of even date herewith in the principal sum of THIRTY FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00), payable to the order of PAUL L. HUSHONG and PAUL BUSHONG FAMILY TRUST, at their office in Kerrville, Kerr County, Texas, as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attorney's fees, the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to Thomas W. Pollard, Trustee, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto DAVID A. BALLARD and wife, NANCY J. B1ILLARD, whose address is 2006 Willow Wisp Drive, Seabrook,• TX, sutr}ect to the reservation hereinafter made, all of the following described real property in Kerr County, Texas, to-wit: See Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. SAVE AND EXCEPT, HOWEVER, from the real property herein described, and there is hereby reserved unto Grantors, their heirs, successors, administrators, executors and assigns, in perpetuity, a non-participating royalty interest in and to all of the oil, gas and other minerals in, on and under the above described real ~7uwnoo~'~"•uln~ ~M• .,. - . 2F9FG of .LGx{~~6t7iCf end !7oF9i7~ bnP7?L~' to iq rowV pMU4t p yinj'1a~~'7~ w,w tN tl7 dId M ~~''A °~y~sYw F~iY 1~ ~ ~jullfiCl T3n~{J000~ T,sur?7A ,Lzna.Fr?u FuG cn~9crFF [ ~ rq 'ua~';au~V~'1~ y~~ur,s qea o>: -• Jaf3e` PT %CO,Ld, .+' .?02.T~T,` S. TS(12,T,G'' ob Fua ~r,r ,LN?2 ru2Fzm11GUF Msa 9c}cuoMrGq~lcr3 pGFozc w~ ou Fu?2 FtJc ,LHF, C0TIN.LJS OJs KF.KI; ;~oF~z3, bnnrrc qsT of ` Jc~BP` F'^ bVRP i" .i(1?.}!O::r• ,7,}172 7L2FLRSU9UF M42 7^.t.'UO.M7Gq~~q ')f:FOLG ':!!% O:1 (I17.: FjJ6 ,L}IF; ?T,`J?,1' OL ZTii;`J^ ~ ~.: -- Y y '.`/~P !3(12130>1C TsVi7IPA d.ES[125, h7^^ T7O°HOL7n rxFCn.LFn F~J?2 re~ of `J'n• Jaae- LS9Rrvd FNGLeo?` .++!lou Furl nG~q ajrsTT prcowc sp2oJnFe• F{1E,L~:01J 9zG >:nrit F,9?a ^c.coi;rud Fo F}lE >:TCr,~ F~IJOr' ~rz~ct ~:J; rniT,zoncwGUFa m1Fr7 Fi; n 't.::cL?pc'} uoL~ '1:1'r ~Ji7 ruF,;.~~; LnF9?usq sd9ruat FcJ•, hn„/. i3~2GLrpf.rl `~.oh;Lr~` i~zcwraca eun F}Je gnbeLroL *.,~ L1' ?u 'Jr, ~ : ~, [u~a _+pon~, ')-,2cz7, cq bLew?ar:z' nn[ r[ ?2 •,X`lica2T.~ i3L'.f;rJ r:;'1[ Fu. ;,~,II'I~,L~a r?,u` s2 '+,1? 3 29(UG OL 4U}, f)7Lf Fi1G L!~OF' 9r~9?U2[ Gnc Ll, :,nzanu •+~,fo ;n•~c. 7'f ~~r"nrT;, .Ter^~r.1 f: ~T. co ~.r~~r ~ Lur 297q F~L 61U72 ,T: RU[O FUG ':77'7 di9U Fc .?~ L'~~ ~7L IJ ;T L%'. 7U~~ 9??TCj IJ2~ 4gp1TtlTaCL9 FOL? f~~ ,•7y.,•; ~.~.. ...,R T.T)Iit,;^. 01;2,,.; . 111 1u;:, 27 U'~f71 ~L L'%° ~OLGAC.i: 9Uq Mr q0 j)6 T.T.II?, n711n Oni?.ETAS?T OnL UG7L"~ 6X~•Gn"''.tL '1'!' tlU7,Mj2 hG 70Ur3TU~" ntlFn ['1~~. :: °t 7'I '1.'nlF ,r,a~ f~l's7L ~fr,r La 7U'7 '12a, •,1 :!; M1FU 9]'j 9UT1 ':7U'ln JnL FIf L1~fUL2 ul ~I `1hn,'1LC ;US, IIG JO L~~C" 7: .LO I!VAR •,r, L^, ii;)rr) 7c)c... :t.7 :, ', .:9T :. u` - i Ip'f }~ nr, !,LO IfIC'%O 9Un .!'f A'•!' ~ .':7 ~ ~ _• ')r_o'>-:iFr rn'ii 1'> 3~~-~! ,. /rr 'x,;; ., :.Jj V F.eHI i "l.'• ~;•tV,c~1' ?JU. 1'; - P.I Vf: N;:IDt WUIi'1'li VQL 3g9 PAGE 244 being 2.15 acres of land in Kerr County, Texas, being approxi- mately 0.83 acres out of Survey No. 1723, G.C.6S.F. Ry. Co., Ahstract No. 1175, and 1.32 acres, more or less, out of Survey No. 1717, ta. P. Ridgewa}r, Abstract No. 945, and being further described by metes and bounds as follows: AEG?NNIiJG at a 1/2 inch iron stake set in the NE line of that certain 21G.43 acre tract of land conveyed from Doris Johnson to Paul L. Busltony, et al, as recorded in Volume 221 on Page SOI of the need Records of Kerr County, Texas, and from sad iron stake the tJE corner of said Survey No. 1723 bears N 38 19' W, 52.80 feet; '1'1lHtdC1; S 470 4G' w, 741.75 feat to a point in the waters of the ]JUrth Fork Guadalupe River, for the South corner of subject tract; "' Tlf:a.'CJ> upst.'reem, N 13° UO' '.J, "14,57 feet to a! point; T1S1.i~CE U 39° SU' E, 7G6.02 feet to a 1/2 inch iron stake set in the tJl; line of county road; THE;JCE with said NE line of county road, S 380 26' E, 182.76 feet to a 1/2 inch iron stake; '1'tl'~NCli 5 470 4G' W, 39.54 t~l't to the place of BEGINFJING, con- taining 2.15 acres of land. SULJCC'1' '~0 a count}' road N~,se+nant along the NE line of above urol,erty, forty (40`) fact in w1dtL. SUL'JP:C'1' TO a roadway 4asement tl,irt~ (30') in width, and being further described by metes and bounds as follows: AEGLJ;aItl;; at a 1/2 inch iron stake set for the SE corner of subject easement, and from said 1/2 inch iron stake the Begin- ning point of the above described 2.15 acre tract L'ears N 47° ~J6' E, SU2.16 feet; THENCE from point to point along the perimeter of subject ease- muntJ as follows; . S 47 46' ta, 30.75 feot; , N 54° 56' W, 28.55 test;. N 67° 10' W, 64.84 feet; ,l 38° 58' E, 31.23 feet;, S 67° 10' L', 59.37 fast; . S 540 56' E, 38.53 feet to the place of IIEGIN'N1NG. SU-JLC'1' TO a utility easement along and within ten (10') feet or tr,e SE and tdia lines of above property, and ten. (lU') feet along and outside of the above road easements. SAVF, AND EXCEPT, HOP7EVER,from the above described property, the following, to-wit: Reservation of royalty interest in and to the oil, gas, sulphur and other minerals as set forth in deed in Volume 63, Page 69, Kerr County Deed Records; and in Vo1.235, Page 452,Kerr Co.Deed Records. Reservation of oil, gas and minerals as set forth in deed in Volume 260, Page 654', Kerr County Deed Records. This conveyance is made and accepted SUBJECT TO the following: 1. Reservation of royalty interest in and to the oil, gas, sulphur and other minerals as set forth in deeds in Volume 63, Page 69, and Volume 260, Page 654, Kerr County Deed Records; and Vo1.235, Page 452, Kerr County Deed Records; and EXf?IBIT. "A" Page one of t},ree pages VOL se9 PAGE 24s 2. Restrictions in Vo1.222, Page 556; Volume 235, Page 452, Deed Records of Kerr County, Texas, and in Volume 381, Page 773, Rea]. Property F.ecords of xerr County, Texas; and 3. Easement in Volume 48, Page 423, Kerr County Deed Records; and 4. Easements and rights of way granted to LCRA by instruments recorded in Volume 3, Page 446; Volume 11, Page 549; and Volume 1, Page 99, Kerr County Easement Records; and 5. Right of way easements for ingress and egress in Volume 2, Page 207; Volume 4, Page 2 and Volume 11, Page 603, Kerr County Easement Records, and in Volume 117, Page 314, Volume 233, Page 204, Volume 260, Page 654 and Volume 298, Paae 395, Kerr County Deed Records; and 6. Annual maintenance assessments as set forth in Volume 235, Page 452, Kerr County Deed Records and in Volume 381, Page 773, Kerr County Real Property Fecords; and 7. Easements in Volume 235, Page 452, Kerr Co. Deed Records and Volume 381, Page 773, Kerr County Real Property Records; and 8. The herein described property is located in a flood zone as set forth in Volume 235, Page 452, and Grantors herein make no warranties as to flooding; and 9. Any right, title, interest or claim of any character had or asserted by the State of Texas, or by the public generally, in or to any portion of the herein described property which may lie within the bed or between the cut banks of a stream navigable in fact or in law, or of a perennial stream; and 10. Any visible and/or apparent easements or roadways over, across, and upon the subject property, the existence of which does not appear of record; and 11. Current taxes, the payment of which is assumed by Grantees herein. a,: Grantors herein further GRANT and CONVEY unto the Grantees herein, their heirs, successors and assigns, the free and uninterrupted use, liberty, privilege and perpetual non-exclusive easement of psssing in and along a certain way across those certain tracts of lane lying in said Riverside P;orth Subdivision anc' situated in said county and state, said way being thirty (30') feet in width, together ..pith free ingress, egress and regress to and for the said Grantees, their heirs, successors and assigns, by foot, with carts, wagons, ..a_riaces, a•~to^;obiles, and other vehicles, horses, mules and/or livestoc;:, as by them shall be necessary or convenient at all times and seasons forever, in, along, upon and out of said way, said easement being more particularly described as follows, to-wit: F.XF'.IBZT "A" Page two of tl'ree paces Li oI a cert,3in ti~i.rty {30') ~;','- ,~~a-V~L. 3B9 PAGE 246 ,_, i ~ cement in Ferr County, eras, out of Surv..y ` ~ .,. ~„c, S. W. Watkins, R-368, Surve}' No. 1560, li. F. James, A-849, Survey No. 1717, ti. P. Ridyc:w~y, A-945, and Survcy i~7o. 1723, G. C. b S. F. Ry. Co., A-1175, subject road easement being further described by metes and bounds as follows: BEGiN14ING at a 5/8 inch iron stake set in the North line of Ranch Road No. 1340, and from said 5/8 inch iron stake an "X" in the face of a bluff marking the South corner of said Survey No. 1717, an East corner of saki Survey iao. 1560, and being in the NW line of said Survey ~~o. 638, bears NORTH, 1583.3 feet, and WEST, 1481.2 feet; a 'PHENCE with the north line of Ranch Road No. 1340, S. 69° 20' tv'., 32.12 feet; THENCE from point to point along the southwest perimeter of existing gravel road approximately 15 feet from the center line, as follows: i~. 49° 32' W., w. 76° 41' W., `. 58° 28' w., i2. 43° O1' W., iv. 32° 27' W., N. 23° 48' td., N. 34° 47' W., N. 28° 95' W., iC. 46° 22' w., N. 30° 17' W., N. 54° 56' W., N. 67° 10' w., id. 81° 20' W., 208.06 334.53 567.81 477.53 317.49 473.89 397.90 243.15 556.39 617.23 396.69 578.87 306.90 feet; feet; feet; feet; crossing river feet; feet; feet; feet; feet; feet; feet; feet; and feet; 'LiiEivCE S. 51° 12' W., 78.65 feet to a point in the waters of the iQorth Fork of Guadalupe river and also being in the South line of Tract No. S, Riverside ,North Subdivision; THENCE up stream with said South line of Tract No. 5, i.'. 67° 48' tv., 34.30 feet; T:iENCE from point to point along the northeast perimeter of existing gravel road approximately 15 feet from the center line, as follows: N. 51° 12' E., S. 81° 20' E., S. 67° 10' E., S. S4° 56' E., S. 30° 17' E., S. 46° 22' E., S. 34° 47' E., S. 23° 98' E., S. 32° 27' E., S. 43° C1' E., S. 58° 2B' E., S. 76° 41' E., S. 49° 32' E., 208.46 feet; 323.32 feet; 585.81 feet; 406.46 feet; 619.55 feet; 556.80 feet; 246.17 feet; 345.23 feet; 473.41 feet; 317.54 feet; 470.69 feet; 558.93 feet; 332.86 feet; and 234.46 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD all and singular the rights and privileges aforesaid to the said Grantee, his successors and assigns, to their proper use and behoof, in common with us, the said grantors, our successors and assigns, and all property owners of property in Riverside and Riverside ;:orth, and our and their heirs, successors and assigns, and our and their tenants. Surveyed on the ground and field notes written by Paul ~. Bushong, Registered Professional Engineer No. 38177, a,~d Reaistered 1'uo.tic Surveyor rio. 2;40, :.~_.... ~7, r r v N W C7 d f .~ to J O Lt' l DcXE~ OMPA ED fIL~O BY: SECN~E LAND TITt2~ INO„ FILED FOR RECORD ~ a~SG o'clock ~!d AUr, 19 1986 PATRICIA DYE ~ ~ ' Colut, ert Count'. Tau Dy Deputy RECORDED BSH CLHRK'H CcRTIFICAT! INBIDO ~~~.t>-tc~ : J r~2~ ~ ~til~ /L(l n 1~~6 RELEASE OF LIEN VOL ~.~ PAGE S7 7 STATE OF TEXAS S COUNTY OF KERR S KNOM ALL MEN BY THESE PRESENTS: That the undersigned, of the County of Kerr, State of Texas, the legal and equitable owner and holder of that one certain Promissory Note in the original principal sum of THIRTY-FIVE THOUSAND AND NO/100 DOLLARS (E35,000.00) dated August 12, 1986 executed by DAVID A. BALLARD and wife, NANCY J. BALLARD, and payable to the order of PAUL L. BUSHONG and the PAUL BUSHONG FAMILY TRUST, more fully described in a Deed of Trust duly recorded in Volume 389, Page 248, Real Property Records of Kerr County, Texas, securing certain indebtedness and being subject to all of the terms, conditions and stipulations contained in said Note and Deed of Trust; and additionally secured by a Vendor's Lien in a deed recorded in Volume 389, Page 242, Real Property Records of Kerr County, Texas; against the following described property, to-wit: All that certain tract or parcel of land, lying and being situated in Kerr County, Texas, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. For and in consideration of the full and final payment of all indebtedness secured by the aforesaid liens, the receipt and sufficiency of which is hereby acknowledged, has RELEASED AND DISCHARGED, and by these presents does hereby RELEASE AND DISCHARGE the above-described property from all liens held by the undersigned securing said indebtedness. EXECUTED this ~~ day of February, 1991. PAUL BUSHONG FAMILY TRUST By 0 Y, rustee A BU H NG STATE OF TEXAS COUNTY OF KERR YDL 5$ ~ PAGE 57F1 This instrument was acknowledged before me on the ~a day of February, 1991, by SCOTT N. MOSTY, Trustee, of PAUL BUSNONG FAMILY TRUST, on behalf of said Trust. o "4 ' CATHY P. OAILY ~~ Notary PubOq State d Te,4a "~~..~~~ My Communion E+plre+ 247.92 1v~lu ~ ` , otary ub ic, fate o exas STATE OF TEXAS COUNTY OF KERR This instrument was acknowledged before me on the / r~ day of February, 1991, by PAUL L. BUSHONG. "4 CATHY P. DAILY Notary Publl~ State of Tsua • ~.` MY ComminlOn E+PIrM 4.17.82 Mailing Address of Grantees: Mr. and Mrs. David Ballard 2006 Willow Wisp Drive Seabrook, TX 77586 ~MDEXED J COPo:PAF4TcO After Recording, Return to: Mr: and Mrs. David Ballard 2006 Willow Wisp Drive Seabrook, TX 77586 Prepared in the Law Office of: NAG LE & NAGLE Attorneys at Law 820 Main Street Suite 205 Kerrville, Texas 78028 (512) 257-5455 otary u is fate o exas -2- E~I111111' "A" '1'~1.C7' NO. 1 ~; - RSV F.Y..^.IDE yJ R'fil yp~ 5Fl) PAGE ~~2 ao irfq 2.15 scree of land Ln Ksrr County, Texas, being approxi- mately 0.83 acres out of Survey No. 1723, C.C.cS.F. Ry. Co., Abstract No. 1175, and 1.72 cores, more or less, out of Survey No . 1717, W. P, Iii dgeva y, Abstract No. 945, and being further described by me tea and bounds sa follows: , H F.C INNING at a 1/2 inch iron stake cat Sn the NE ISne of that certain 216.43 acre tract of land conveyed from Doris Johnson to Paul L, auahony, et al, au recorded in Volume 221 on Page 501 of the Deed Racordq of Kerr County, Texas, and from sq~d iron stake Che NE corner of said Survey No. 1723 bears N 38 19' W, 520.tl0 feet; '1'IIF.NCL' S 47° 4G' W, 741.75 feat to a point in the waters of the Nortl) Fork Guadalupe River, for the South corner of subject cca,r, 1911::lC L' upstteem, N 11° 00' S), 7-0,57 feat CO a! point; TUDNCE N 39° SU' E, 766.02 Lnet to a 1/2 inch iron stake set in tl)n NE lino of county rondt THENCE with said tiE line o` county recd, S 380 26' E, 182.76 £uet to a 1/2 inch iron ataknr TI)EIiCE S 47° 46' W, 39.54 feat to the place of BEGINNING, con- taining 2.15 scree of lend. SUBJCCI"fO a county road easement along [he NE line of above propurty, forty (40') fret in width. SUL`J F'C'1' TU a roadway uasepie nt thi r[•,• (30') in width, and being i•ur ch er described by metes and bounds as follows: AGGINN It1G at a 1/2 inch iron stake set for the SE corner of subject easement, and from said 1/2 inch iron stake rite Beg1a- ning point of the ebeve described 2.15 acre tract beats N 47 d6' E, SU2.16 tee t; TtlENCC from point t muntl as foalowe) 47 46' W, N 540 56' N, iJ 670 10' W, N 380 58' E, S 67° 10' E, s 54° 56' E, o poin 30.75 28,55 64.84 31.23 59.37 38.57 t along the perimeter of subject ease- feet; ' feet; foot; feet; , fact; feat to the place of BEGINNING. SUBJL'C1' TO a u[121ty easement along and within ten (10') feet ~thn Sl and NN lines of above property, and ten (lU') fact along and outside of t1)e above road easuman[q, SAVE AND EXCEPT, HOWEVER from the above described property, the following, to-wit: Reservation of royalty interest in and to the oil, gas, sulphur and other minerals as set forth in deed in Volume 63, Page 69, Kerr County Deed Records; and in Vo1.235, Page 452,Xerr Oo.Deed Femrds. Reservation of oil, gas and minerals as set forth in deed in Volume 260, Page 264, Kerr County Deed Records. This conveyance is made and accepted SUBJECT TO the following: 1. Reserve tion of royalty interest in and to the oil, gas, sulphur and other minerals as set forth in deeds in Volume 63, Page 69, and Volume 260, Page 264, Kerr County Deed Records; and Vo1,235, Page 452, Kezr County Deed Records; and Exl1IBIT ^r° VOL ~~I PAGE s...~ 2. ~~Restrictions in Vo1.222, Paqe 556; Volume 235, Page 452, Deed Records of Kerr County, Texas, and in Volume 381, Page 773, _ Real Property Records of Kerr County, Texas; and 3. Easement in Volume 48, Page 423, Kerr County Deed Records; and 4. Easements and rights of way granted to LCRA by instruments recorded in Volume 3, Page 446; Volume 11, Page 549; and Volume 1, Page 99, Herr County Easement Records; and 5. Right of way easements for ingress and egress in Volume 2, Page 207; Volume 4-, Page 2 and Volume 11, Page 603, Kerr County Easement Records, and in Volume 117, Page 314, Volume 233, Page 204, Volume 260, Page 654 and Volume 298, Paae 395, xerr County Deed Records; and 6. Annual maintenance assessments as set forth in Volume 235, Page 452, Xezr County Deed Records and in Volume 381, Page 773, Kerr County Ilea] Proper t)~ Itecords; and 7. Easements in Volume 235, Page 452, Kerr Co. Deed Records and Volume 381, Paqe 773, Kerr County Real Property Records; and 8. The herein described property is located in a flood zone as set forth in Volume 235, Page 452, and C,ran tors herein make no warranties as to flooding; and 9. Any right, title, interest or claim of any character had or asserted by the State of Texas, or by the public generally, in oz to any portion of the herein described property which may lie within the bed or between the cut banks of a stzeam navigable in fact or in law, or of a perennial stream; and j r ~ i .~ 4~..~ , -, ~~ ~ .. YOL ~`g-~ PAGE ~~l ~ S ~ -n '~. - ~ m .-~1 ~ ~ a 4 c ~ Fa C7 `~ ~ ~Sl p ~ ~ o "' ~' ~ n ~ n ~ °~ ~~ ~ ~ .. iNE S1AiE 0< (E%IS [OUMtt Pf RERII I nneAr mbh Wt Nrs mseanuA ns F1tE0 m Fik Numbs Seaunce an !k Gst an0 M tAe Aare tOmpeE Mean h ~ yq .x Oury RECOROEO. to U:e OIbaN Psmic tsaGS d RW hnReM d 1(as Wonry, iesn M FEB ~~ 1991 ,p~ ~F~e o ,® ~~.%. BOUNTY CLERK. NEAR COUNTY, TEXAS RECORDED iN FILE D/sTE._g I FILE TIME: ~~- S O' OCtt %~~M VOL S P11GE ~7 RECORDlNO OATE FEB i5 1991 PATRICIA DYE BY ~OUNTY~LER KERB COUNTYp ,,ttJJ rilr~-L DC QTTncnu~cnr'r ~ S ~~I i if ii 1. I }II r' ~ r rrnlr .. n~r.,x n.rlr,t\ ,/ }e ~ )U ronJ !a[em+nr ~ ~ J ~" ~ ~ ~ •t/ \ ~Y~ V ~ 1` f v,~ rib 1F4/ J `H ~>t i i ~' \ , cl. ~" Y o ~ a~ 1 ~ YLAf $Inl \viNG yrl~l NU 11~HIVF H'~IOE NOH IM~Ke„COUnly~l.•\~ . , y r r ., . . y .~.1.• r.. :111, JI r„~rr.l ~r.l.~i rry ..q.. ~ ... 11. i. .... r.l.u l.. .. of rrpl alu..e lu rll lenrl r v..yat. p:., r r .r. 1. r w .u u..n~ cPl .. nt,rt vun .,I rtn In uP. 11y ~~r ~~ y~~,r;~~.. E of r I' ..III ... N ~\ lu x;41.1 8~~. y6P~f. 1q!';pP btiij'v t~ F iE+] OCT-28--y l MON 16 'LS HOGJARI7 CO REALTORS Roland M. Howard October 26, 1991 N.r. Aave Ballard FAX: 286-7015 Houston, Texas Re: Tract 13, Riverside North Addition, an Unrecorded subdivision in Kerr County, Texas. TO WHOM IT MAY CONCERN: This letter shall serve to confirm that Mr. Ballard's building plans and specifications meet the restriction requirements of the Riverside North Addition Restrictions. Ho may proceed with his planned construction and the securing of the necessary permits for water and sanitary sewer septic systems. Very Tr ly, Direc or n~r:ber of t e Restriction Comnittec~, Riverside North Addition. l07/ ~tu,~usrcr privy • Hnu.ttan, Ti