ORDER NO. 20752 ACCEPTANCE OF PETITION FOR EASEMENT AND ABANDONMENT OF THE END OF KELLY CREEK ROAD On this the 13th day of January 1992, upon motion made by Commissioner Oehler, seconded by Commissioner Holekamp, the Court UNANIMOUSLY APPROVED BY A VOTE OF 4-0-0, to abandon the end of Kelly Creek. Mrs. Simkins did give easement to Kerr County for a turnaround. COMM I SS ! ~NERS' COURT AGENDA REQUEST PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Bruce Oehler OFFICE: Commissioner Pct 4 MEETING DATE: January 13, 1992 TIr1E -~REFERRED: SUBJECT: (PLEASE BE SPECIFIC) Petition for Easement Abandonment at the end of Kelly Creek Road EXECUTIVE SESSION REQUESTED: 1'LS NO xx PLEASE STATE REASON Abandonment o~f road into Simkins Property ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYE: NAME OF PERSON ADDRESSING Tf-If= COURT: 5 minutes Bruce Oehler Time for submitting this request for Court to assure that the matter Is posted fn accordance with Article 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 : ~ All Agenda Requests will be screened by the County Judge's Office to determine !' adequate Information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation w111 be appreciated and contribute towards your request being addressed at the earl(est oppc~rtunlty. See Agenda P.en~~es' Guidelines. X3366 EASEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF KERB Grant of Easement 1. That ALICE CYNTHIA SIMKINS, hereinafter called Grantor, for a good and valuable consideration, paid by KERB COUNTY, TEXAS, hereinafter called Grantee, does hereby grant, sell, and convey unto Grantee an easement and right-of-way upon and across the following described property of the Grantor: All of that certain tract or parcel of land containing 0.11 acre, more or less, out of T. J. Wooton Survey 1885, Abstract 1142, in Kerr County, Texas; part of a certain 118.87-acre tract described as TRACT #3 in a deed from W. C. Fawcett, et al., to Alice N. Hanszen executed August 14, 1959, and recorded.at Volume 105, Page 503, Deed Records, Kerr County, Texas, and subsequently conveyed to Alice Cynthia Simkins by last will and testament; and being more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof for all purposes. Purpose of Easement 2. The right-of-way, easement, rights, and privileges herein granted shall be used only for the purpose of providing a road easement for the use and benefit of the public. Duration of Easement 3. The easement, rights, and privileges herein granted shall be perpetual. Grantor hereby binds herself, her 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. Exclusiveness of Easement 4. The easement, rights, and privileges granted herein are exclusive to the public, and Grantor covenants that she will not convey any other easement or conflicting rights within the area covered by this grant. Entire Agreement 5. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, this instrument is executed this day of September, 1991. CiC~. .. ALICE CYN _.IP_ SIMKINS THE STATE OF TEXAS } } COUNTY OF ~p~,~ } T~ This instrument was acknowledged before me on the ~ day of September, 1991, by ALICE CYNTHIA SIMKINS. _~ ~~.. . Notary Public, State of Texas REAL PSTATE ~FA9~IT.CO.AOR ,/. _., +.. J ~9oooe ~~ PATRlpA ~ AIeREdIT `. Ji~~1 ~ ~ ~~Z ~'.Sl1 ~~ r y_ ~n ~'~ ~z ~ ~ ~~ ~~~.- ~~r , ,• ~ ~~ ~Z~, ~ 2 EXHIBIT A Being all of a certain tract or parcel of land containing 0.11 acre, more or less, out of T. J. Wooton Survey No. 1885, Abstract No. 1142 in Kerr County, Texas; part of a certain 118.87 acre tract described as TRACT ~j3 in a Warranty Deed from W. C. Fawcett, et al, to Alice N. Hanszen executed the 14th day of August, 1959 and recorded in Volume 105 at Page 503 of the Deed Records of Kerr County, Texas (subsequently conveyed to Alice Cynthia Simkins by Last Will & Testament); and being more particularly described by metes and bounds as follows: BEGINNING at a fence cornerpost in the north line of said TRACT ~~3, approximately 571 ft. West from its northeast corner for the northwest corner of the herein described tract; which point bears, approximately, 456 ft. South and 1402 ft. West from the northeast corner of said Survey No. 1885; THENCE, partly along a fence with the nortt. line of said TRACT ~i3, East, crossing Kelly Creek Road, 81.53 ft. to a fence cornerpost for the northeast corner of the herein described tract; THENCE, upon, over and across said TRACT ~~3: 5.05°25'W., 60.64 ft. to a ~t" iron stake set in a fence far the southeast corner of the herein described tract; and N. 89°19'W., along a fence, at 31.5 ft. passing a fence cornerpost, then continuing across said Kelly Creel; Road for a total distance of 76.25 ft. to a ~".iron stake set in a fence for the southwest corner of the herein described tract; THENCE, along said fence continuing upon, over and across said TRACT ~~3, N.00°25'E., 59.7 ft. to the PLACE OF BEGINNING. RECORDED IN J 1'-CL FILE DATE• ' ~ Aro Drovisions herein which restrica the sak. rental or use et the CexriDed real p perty Decaere ct color or pace rs innlitl and unemorceaDk under Federal la» FILE TIME'%~~O'CLOCK~M 1HE STATE OF TEMAS COUNTY OF NERR VOL PAGE ~-S~,.J I hereby ttridy that Ihis i^strument wts FIIfD in fik Numbtr Se~uenu en tr.^ RECORDING DATE dale and at the lime stamper hereon Dy ~e and was duly RECORDED in the Official Fubl˘ rrcnrds el Rra~ ~roperry ct Kerr County Tesas on U E C 31 1y91 ~r4 . ~`. PATRICI YE COU ~Y .LERK R COUNTY Aeputy DEC 3 ~ i991 pi FfN~ j rOG °~©~,~%. ~o r COUNTY CLERK. KERR COUNTY. TEXAS i''.'JL ~l~ ~~Hi:E ~oC.. mss EASEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF KERB Grant of Easement 1. That DUFF TRIMBLE, hereinafter called Grantor, for a good and valuable consideration, paid by KERR COUNTY, TEXAS, hereinafter called Grantee, does hereby grant, sell, and convey unto Grantee an easement and right-of-way upon and across the following described property of the Grantor: A~i of that certain tract or parcel or land containing 0.11 acre, more or less, out of T. J. Wooton Survey 1885, Abstract 1142, in Kerr County, Texas; part of a certain 118.87-acre tract described as TRACT #3 in a deed from W. C. Fawcett, et al., to Alice N. Hanszen executed August 14, 1959, and recorded at Volume 105, Page 503, Deed Records, Kerr County, Texas, and subsequently conveyed to Alice Cynthia Simkins by last will and testament; and being more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof for all. purposes. Purpose of Easement. 2. The right-of-way, easement, rights, and privileges herein granted shall be used only for the purpose of providing a road easement for the use and benefit of the public. Duration of Easement 3. The easement, rights, and privileges herein granted shall be perpetual. Grantor hereby binds himself, his heirs, and legal representatives to warrant and forever defend the above described GGJC~iI!Cnl Gil:w li'j i1 l..J •J ~11.~ Viaii Lc;C, 11~J ~UCI_.CjJCr::~, ail~w [l.S.~l.IgIIJ against every person whomsoever lawfLilly claiming or to claim the same or any part thereof. Exclusiveness of Easement 4. The easement, rights, and privileges granted herein are exciasive to the public, and Grantor- covenants that he will not convey any other easement or conflicting rights within the ar_e~ covered by this grant. RECORDER'S NOTE ` AT TIME OF RECORDATION INSTRUMENT POl1ND TO 8E INADELXJATE FOR BEST pyFidTOQRaPHiC REPRODUCTION DUE TO DEPTH ~ DARKNESS f}F PRINT, COLOR OF PRINT OR ttdK, &1CKGROUND OF PAPER, IILEGIBiIlTY, CARBON Oa PHOTO COPY, ETC. ~~L ~~~' ~A~~ ~5~~3 Entire Agreement 5. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the part1~ to be charged. IN WITNESS WHEREOF, this instrument is executed this day of September, 1991. i~UF'F' 'I'RIMBLE THE STATE OF TEXAS } } COUNTY OF } This instrument was acknowledged before me on the da,,~ of September, 1991, by DUFF TRIMBLE. Notary Public, State of Texas F"r, ... F~l', ~. _~~~.fl i.. r;k / ~ ~~r ., ~i~ ~'ii.,.;: J~E30USEK~ 1 O o''i+ 4~ , „t' c7ArF OF 7EkA8 -! ~7C. ~C ~'~,;1 i a r F; t~ IJ~L i !' ~ P /~ f :,~,~ ., r~;~ !i`~.~: c t ~t~ ., ~fdiL ~' ~O ~AuE EXHIBIT A Being all of a certain tract or parcel of land containing 0.11 acre, more or less, out of T. J. Wooton Survey No. 1885, Abstract No. 1142 in Kerr County, Texas; part of a certain 118.87 acre tract described as TRACT ~~3 in a Warranty Deed from W. C, Fawcett, et al, to Alice N. Hanszen executed the 14th day of August, 1959 and recorded in Volume 105 at Page 503 of the Deed Records of Kerr County, Texas (subsequently conveyed to Alice Cynthia Simkins by Last Will & Testament); and being more particularly described by metes a^d bounds as follows: BEGINNING at a fence cornerpost in the north line of said TRACT ~~3, approximately 571 ft. West from its northeast corner for the northwest corner of the herein described tract; which point bears, approximately, 456 ft. South and 1402 ft. West from the northeast corner of said Survey No. 1885; ':HENCE, par'-ly a1o^.g a fence with the acrth Iine of said TRACT ~~:i, East, crossing Kelly Creek Road, 81.53 ft. to a fence cornerpost fo7- the northeast corner of the herein described tract; THENCE, upon, over and across said TRACT ~~3: S.OS°25'W., 60.64 ft. to a ~" iron stake set in a fence for the southeast corner of the herein described tract; and N.89°19'W., along a fence, at 31.5 ft. passing a fence cornerpost, then continuing across said Kelly Cree:{ P.oad for a total distance of 76.25 ft. to a ~" iron stake set in a fence for the southwest corner of the herein described tract; THE`TCE, along said fence continuing upon, over and across said TRACT ,~3, N.00°25'E., :9.'~ ft. to the PLACE OF BEGINNING. t/~ h'ECORDED IN ~1 [ .iz ~ ~~C. ~ iL._~.J . r - - r v~un~wm nerem winch resiric;c thy •ale rtRtal Or USe of tM NSCribtd re}I FIEF GATE: 1 ~Q,.C_ ;~ / / ~ -j rl property Cecac~e or r.nler ar nre n mva'~d and unenforceable under iMera! :z~ rnE SIAtE OF ItxAS FILE TIME: ~` ~~,0'CIOCK~M COUNTY of KEAR / ~ ~ 16ercby [erUty inai 1ni5 instrument r;s FILED m Fde Number $epuence c~ ~• VOL. (G' -~5/~.; PAGES _ date end at tl~o- h~~~r s;an,~r.,~ neie,,,, t, ne nr,C was Duly RECORDED RECORDING DATE ottiaai r'unhr rtcor+~. ~I ~,ra! °rnpertY ner County Taas on SEC 3 ~ 1991 J a PATRICI `U YE COUI~'yY CLERK ItifRR COUNTY 8Y ~ f ..r~<«~ ~~r Qeputy D~.C 3 ~ 1991 ~Z ,~J ~__ / v COUNTY CLERK KERR COUNTY. TEXAS iit;L ~?,~ PACE ~~ 8.~fi'7 EASEMENT AGREEMENT THE STATE OF TEXAS } } COUNTY OF KERR } Grant of Easement 1. That DR. JAMES H. OLNEY, hereinafter called Grantor, for a good and valuable consideration, paid by KERR COUNTY, TEXAS, hereinafter called Grantee, does hereby grant, sell, and convey unto Grantee an easement and right-of-way upon and across the following described property of the Grantor: All that certain strip, tract, or parcel of land containing 1.07 acres, more or less, comprising approximately 0.68 acre out of F. A. Lackey Survey 1866, Abstract 1737, and approximately 0.39 acre out of T. J. Wooton Survey 1885, Abstract 1142, both surveys in Kerr County, Texas; part of that land conveyed as Tract One-- 433.41 acres--and Tract Two--23.38 acres--from Jim Tobe Atkinson, Executor, to Dr.~ James H. Olney by deed executed February 24, 1978, and recorded at Volume 205, Page 469, Deed Records, Kerr County, Texas; and being more particularly described by metes and bounds in Exhibit A attached hereto and made a part hereof for all purposes. Purpose of Easement 2. The right-of-way, easement, rights, and privileges herein granted shall be used only for the purpose of providing a road easement for the use and benefit of the public. Duration of Easement 3. The easement, rights, and privileges herein granted shall be perpetual. 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. Exclusiveness of Easement 4. The easement, rights, and privileges granted herein are exclusive to the public, and Grantor covenants that he will not convey any other easement or conflicting rights within the area covered by this grant. Lntire Agreement 5. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, this instrument is executed this - _ day of September, 1991. I ~. DR. JAMES H. OLNEY THE STATE OF TEXAS } } COUNTY OF i ~ ~ } ~. This instrument was acknowledged before me on the ~~ dzy of September, 1991, by DR. JAMES H. OLNEY. ~y. .i.4~ ~` V1CK1 L. HANNAH '+r q " l+ota;y P;!bl!c, Sate of Texa, % ~ ' ~~;`Y j ~ L;; Cu~;mi>sion Ex,pnes _ 1 \!~ 1 ! ~ ~ ; (1~ , 1 ~;,:..__~ ~,,~ ~ i~l~ Notary Public, State "of .Texas _~,,~.. y _ ---- ~ L7f~:l~ F. F_.1L ['ST.\TFF\S~!'I'-CO.AGR ~ \ ' ~~ r r---~ r--- } ~ - - ~~ , 2 ~iti ~;,.. t~ ;, . j .~~j~t~~~ k/ ~.9.,5l~a ~~ j RECORDER'S N0~ a~r rn~ of R~coRDAnoH ~asrRU~t~r ~ulvl, TO BE INAAEWA7E FOR BEST Pli07C?fi~tAPttIC REPFtODUCTICN DUE TO DE~'TFi d DARKNESS O~= PRINT, COLOR OP PR3NTOR fNK, 8~1CKGROI,`ND CP P!~'ER, ft1.EGI81L1TY, CARSON OR PHOTO COPY, Ei'C. 'COL ~~G PAQE ~~71~ EXHIBIT A Being all of a certain strip, tract or parcel of land containing 1.07 acres, more or less, comprising approximately 0,68 acre out of F. A. Lackey Survey No. 1866, Abstract No. 1737 and approximately 0.39 acre out of T. J. Wooton Survey Pdo. 1885, Abstract ~Io. 1142, both sur-vet's in Kerr County, Texas; part of that land conveyed as Tract One - 433.41 acres and Tract Two - 23.38 acres from Jim Tobe Atkinson, Executor to Dr. James H. Olney b;; a Warranty Deed with Vendor's Lien executed the 24th day of February, 1978 and recorded in Volume 205 at Page 469 of the Deed Records of Kerr County, Texas; and being more particularly described b}' metes and bounds as follows: BEGINNING at a fence cornerpost in the south line of said Tract Two, approximately 265 ft. East from its southwest corner for the southerly southwest corner of the herein described tract; which point bears, approximately, 456 ft. South and 1402 ft. West from the northeast corner of said Survey No. 1885; THEP:CE, along a fence (unless otherwise stated) upon, over and across said Tract One and Tract Two, all calls to fence angleposts: N.12°25'E., not along a fence, 22.69 ft.; N.27°22'E., 20.18 ft.; N.32°19'E., 99.6b ft.; N.28°02'E., 131.67 ft.; N.30°28'E., 177.34 ft.; N.11°09'E., 100.66 ft.; N.25°42'W., not along a fence, b9.15 ft.; N.36°02'W., 299.24 ft.; N.40°31'W., 65.41 ft.; N.43°12'W., not along a fence, 53.76 ft.; N.50°15'W., 7.53 ft.; N.58°39'W., 82.42 ft.; N.68°06'W., 66.76 ft.; and N.75°54'W., 72.35 ft. to a fence cornerpost in the west line of said Tract One for the westerly southwest corner of t:;e herein described tract; THENCE, with the said west line of Tract One, N.00°43'E., crossing Kelly Creel: Road, 3:.23 ft. to a fence cornerpost for the northwest corner of the herein described tract; THENCE, along a fence (unless otherwise stated) upon, over and across said Tract One and Tract Two, all calls to fence angleposts: S.71°45'E., 163.42 ft.; 5.58°53'E., 99.53 ft.; 5.52°OS'E., 73.86 ft.; 5.40°30'E., 83.77 ft.; 5.32°37'E., 92.55 ft.; S.37°04'E., 225.87 ft.; 5.29°31'E., 30.29 ft.; S.23°06'E., not along a fence, 68.84 ft.; 5.11°57'W., 75.54 ft.; 5.17°45'W., 39.01 ft.; 5.27°12'W., 66.75 ft.; S.33°47'W., 48.27 ft.; 5.30°26'N., 65.43 ft.; S.28°25'W., 89.98 ft.; S.31°02'W., 87.95 ft.; S.32°32'W., 34.84 ~t.; 5.75°21'E., 21.61 ft.; S.27°56'E., across a gate, 11.71 ft.; and S.11°58'E., 27.75 ft. to a fence cornerpost in the south line of said Tract One for the southeast corner of the herein described tract; THEi;CE, partly along a fence with the said south line of Tract One, West, crossing said Kell;a Creek Road, 81.53 ft. to the PLACE OF BEGINNING. ~- RECORDED 1 ~ " ~ FILE DATE: / FILE TIME:~~ ~..~ O'CLOCK M VOL ~,;~Q PAGE ~ ~ . ~~ RECORDING DATE Any provisions herein MMch reshids the safe. until n use cl tha Cesuibed rql proDerry Drcacre o! rolci a race is inwh0 and unenbrceapk under Frld-.ral Lax THE S1ATE OF TEXAS COUNTY OF KERR I I hereby certify that Iris mstrumen! was FILED in Fik Number k~e en tn^ date and at the lime slampcC hereon yy me and was duly RECORDED in to Otlirit+ PuDlie records of Real Pr9perty cl Kerr County ideas on U F C 3 ~ 191 1 M i ~ a! . , PATRIC ~ E -,, COU ,1'Y cLER . ERR COUN1';Y ~ ~ , 1,`,_ E~YK,./..-LSD ~~' "~=1='---f---=C .._ A"PuN DEC 31 1991 \`` ,~i~~y ~; .~ ~`•~----' COUNTY CLERK. KERR COUNTr, TEXAS S7~,QS.ei ~ ;rl. 'i ~63.4Z• Nl~ ff 71 ~h N~ I , ., 595 2• Y01 ~~ PAGE •~ SURVEY PUT FOR TWO TRACTS OF LAND: 1) 1.07 ACRES, MORE OR LESS, CONPRISINC APPROXIMATELY 0.66 ACRE OUT OF F. A. LACKEY SURVEY N0. 1866, ABSTRACT N0. 1737 AND APPROXIMATELY 0.39 ACRE OUT OF T. J. WOOTON SURVEY NO. 1885, ABSTRACT NO. 1142, BOTH SURVEYS IN KERB COUNTY, TEXAS; PARS OF THAT LAND CONVEYED AS TRACT ONE - 433.41 ACRES AND TRACT TWO - 23.38 ACRES FROI{ JIM 708E ATKINSON, EXECUTOR TO DR. JAMES H. OLNEY 8Y A WARRANTY DEED KITH VENDOR'S LIEN EXECUTED THE 247H DAY OF FEBRllAAY, 1978 AND RECORDED IN VOLUME 205 AT PACE 469 OF THE DEED RECORDS OF KERA COUNTY, ~ TEXAS; AND 2)0.11 ACRE, MORE OR LESS, ~SS~3c9_ OUT DF T. J. WOOTON SURVEY N0. 1865, ~S ~~S• S ATRACT DESCRIBED AS TRACT /3 IN A ~ WARRANTY DEED FROM W, C. FAWCETT, ET ~' h" ~•3~ AL, TO ALICE N. HANSZEN EXECUTED THE '~ D•~" 14TH DAY OF AUGUST, 1459 AND RECORDED x143'12' / ~~~' ~ l4.. ~ IN VOLUME 105 AT PACE 503 OF THE DEED ')I~ RECORDS OF KERR COUNTY, TEXAS 53: 7co' ~ ~~ ` ~~ S ,1 Nob"3iW I; ~'~,l ,~11, 3~• S x5.91, ./ ~Y>S. i ~ ~F ABSTRACT HO. 1142 IN KERR COUNTY, ~ TEXAS; PART OF A CERTAIN 118.87 ACRE ~I S TRACT ONE: 433.41 ACRES 1`~.~ ^ 3), Atkinson to Olney o~• T.~~~~ Vol. 205 Pg. 469 4- 02/24/78 /~ 2 TRACT TWO: 23.38 ACRES ?~ 49 s~ Atkinson to Olney ?~. O,,l,' ~_ Vol. 205 Pg. 469 02/24/78 ~~~1~'} SZq`3l'E °'i~~'~' s~3•~'~ SCALE : 1" = 100 ` t_12rj"42'Yy '''' ~' ~' ~,q is ~ ~.~, `~~ ._ ,~. LEGEND ~....~,.,c:=::, >...~-~~; .w;; n. • fence ost --------- -- - c'.._lF`,`.1,`.1----- -- 8 8- , ~ h, P '``rA«^ z -'c-- fenceline ~'• tl ''" Sl1.4SW tie '-~ 3901' . rt7 r ,11~1`sl ~ ~ir4~ y `~ ~' S33•4'T W n ~ ~ 48.2' ~3 O~ ; t~ I hereby certify that this plat La an ~ u,~'. ~/~ accurate reprasontation of the property '~Y ~a)• Chown and deaeribod hereon as •~~' ~ ~ determined by a survey made on the ,;: ground under my direction end n.v/ ,~1 supervision, except no survey vas made ~~ to reestablish Patent Survey lines or :~qj ~~~ ~o~ corners; and Chat all property eornera ^~ ~ ~' are ea shown. Z { tn~ Dated eh Ls 7th day of August, 1991 --~~ ya ~ V`A II•~r ~ h~ I.ee C. Voelkel ~m ,.{'i!?~' ~ Registered Professional Land Surveyor 2 ,~JI~/S32°32'W,34.&14 No. 3909 County Surveyor for Kerr County N2.7,22,E,~1~, _y, „~5T5`21'~,ZI.6V NIZ'25'G,22 ~`1' _~• ~'~I? ~! i r ..,S ll`58'B',2T. "IC;' a1.5~, ~ In°•a5•E; 0.11 ~SoS 2S w TRACT M3: 718.87 ACRES «,.~,•--- ACRE ~~.~, }1, ~ _ y'-•a - fAWCETT TO HANSZEN Yolume 105 Paye 503 I~ Bq~ly'r~ D8/14/59 '76.25' ' ~ "'%..~"' ~ ~r~'i'~i • PHONE 512-257-3313 • ?17 CLAY STfiEE7, KERRVILLE, TEXAS 78028 PIIBLIC NOTICL~ TO THE PUBLIC: Alice Cynthia Simkins, a landowner fn Precinct 4, Kerr County, Texas, intends to apply to the Commissioners' Court of Kerr County, Texas, for that Court to close, abandon and vacate that part of Kelly Creek Road south of that 0.11 acre tract described as follows and on the attached Exhibit "'A"': Being all of a certain tract or parcel of land containing 0.11 •cze, more oz less. out of T. J. Wooton Survey No. 1885, Abstract No. 1142 in Kerr County, Texas; part of a certain 118.87 acre tract described •s ?RACY $3 in a Warranty Deed from W. C. Fawcett, et al, to Alice N. Hanszen executed the 14th day of Augus t 1959 and recorded in Volume 105 at Page S03 of the Deed Records of Kerr County, Texas (subsequently com-eyed to Alice Cynthia Simkins by Let Will b Testament); and being more particularly described by metes and bounds as follows: BEGINNING at a fanc• cornsrpost in the north line of said TRACT ~3, approximately 571 ft. West from its northeast corner for the northwest corner of the herein described tract; which point bears approximately, 456 ft. South and 1402 ft. West from the northeast corner of said Survey No. 1885; THENCE. partly along a fence with the north line of said ?RACY ~3, East, crossing Kelly Creek Road, 81.53 ft. to a fence cornerpost for the northeast corner of the herein described tract; THENCE, upon, over and across said TRACT ~3: S.OS'2S'W., 60.64 ft. to a ~t" iron stake set in a fencs for the southeast corner of the herein described tract; and N.89'19'W., along a fence, at 31.5 ft. passing a fence cornerpost, than continuing across said Kelly Creek Road for a total distance of 76.25 ft. to a h" iron stake set in a fence for the southwest corner of the herein described tract; THENCE, along said fence continuing upon, over and across said TRACT ~3, N.00'25'E., 59.47 ft. to the PLACE OF BEGINNING. C ~ ~~ Alice Cynt is Simkins September Z~ , 1991 597/6 EXHIBIT "A" a ~' ~~ N )~~ 72. ~ W kCg. 'it~ :uRYEY PIwT roa TYO TRACrs of LAND: 1) 1.07 ACRES, KOAE 00. LESS, COMPRISING APPROXIMATELY 0.tt ACRE OUT OF F. A. LACKEY HURYEY NO. 1e66, AHSTMCS N0. 1737 AND APPROXIMATELY 0.39 ACRE OUT OF T. J. YOOTON tURYEY N0. lff5, A85TRAC2 H0. 1142, tOTN LUAVLYS IN XERR COUNTY, TEXAS; TART OF THAT LAND CONY EYED AS TRACT ONE - 47].41 ACRES AND SRACT T170 • 27. ]• ACRES FROM 7TK TOfE ATICINSON, C(ECUTOR TO DR. DANES N. OLNEY fY A VARRANTY DEED VITH YPNOOR'S LIEN EXECUTED THE 24TH DAY OF FEDRUARY, 1978 ANO RECORDED IN VOLVMt 205 AT PAGE 469 OF THH DHED RECORDS OF HEAR COUNTY, Tt7tA5; AND 2)0.11 ACRE, MORE OR LESS, OU7 OF T. .I, 110070N fURYEY N0. 1885, AHSTRACT N0. 1142 1N KERR COUNTY, Tt~(AS; PART OF A CERTAIN ue.e7 ACRE ATRACT DCSCRIfED AS TMCT /] IN A S• ~ VARRANTY DEED FROM V. C. FAYCETI, ET ~• h' ) AL, 20 ALICE N. NANSIEN EXECUTED THE ~~ 34TH DAY OF AUGUST, 1979 AND RECORDED N4'+JtY IN YOL1DfE lOS AT PACE 507 OF THE DEED 63.76' J RECDRDS of llFifR GouNTY, TEXAS 1J 4q'S~'W ~3'~'~'~4 ~~ S TRACT ONE: 633.41 ACRES ~~,~~ 3l. Atkirgon to Olnay g, ~ ~. Vol. 205 -e. 469 `/- ~ ~ oz/z4/7a s TRACT ilA): 23.34 ACRES ~ 0 ~S Atkiroen to Olney ?A ~ ~l. Vol. 205 PO. 469 02/24/7E 529' 3 i'E . ~ 3o.a9' 513'66'E SCALE : 1" = 100' r+z5 a1'vy ~' ~~ ~ ~S. -'' 5-1°,F.~ LEGEND ,a-1~3~ ~w ^ . -~°S ~~ • fencepost c;,'IE~t~:~ 8z '^ r --~- fenceline A ~~`~''- sl-t•as'w -~ 39.Ot' I Mraby a,rtify that thi• plat la an •eeunu npnaanutlen o[ eM property shown and dase:lbad hacaon s• datanlnad by a eurvay uda en tM Hround tinder ~y diraeclen and auparvlalon, •:capt no aurvay roa odo to naataDllah Patent fumy lTnaa or eornara; and that •11 psopatcy aornac• an a ehwm. Daced chic 7th day et Autwt, 1991 Lea C. Vealkal n!" RaBT^and Protenlonal End furveyor r No. 3909 County furrayor ter Harr Cwney tJ1'T•21'E,20.t(j' N12.45'~ .'12.0:9' .~ nCbT n V~ l~/ n ^ ^~ ` ~~ y V4 8'53.47`W Q' -- ae.27' ~yn~e'n NN~ K~~ ~$' ~~~ saza2'w ,'J4.E14 ~ a'T5.2~' ~. 2i.6~, $ ll'Sa'E ,21.46' 1J00•ZS'6 + ~ 1o i 11~ ..~~Go.fy4' ' W ryA"1' T 14•,...x- CREW ,4• ~., N Lq'~9'w '16.15. TRACT t3: 118.87 ACRES FAYCETT i0 NANS2EN Yolw 105 Pa9, SO3 08/14/59 EXHIBIT "B" September 12, 1991 Commissioners' Court KFrr County Courthouse 700 Main Stre-yet Kerrville, Texas 78028-5389 Dear Commissioners: I am the owner of a ranch located. to the east of the present end of Kelly Creek Road. At one time, the entrance and exit from this ranch was by a private road crossing the ranch of Aiice Simkins and meeting Kelly Creek Road a few feet from its end. I now have a entrance and exit easement which meets Kelly Creek Road a few feet after it crosses the boundary lire between Miss Simkins' ranch and that of Dr. Olney. In connection with receiving that easement for my new entry-way, I have abandoned all rights to the old road and no longer use Kelly Creek Road south of the cul-de- sac proposed to be established where Kelly Creek Road crosses the Simkins/Olney boundary line. Therefore, I have no objection to Commissioners' Court action to close, abandon and vacate that part of Kelly Creek Road south of my easement and of the proposed cul- de-sac. Sin erely yours, ~ ~- ; ,. . _ _-. --- '~.. "J \ Duff TriiuLble DT/lc 597/6 ~7 r ~~, Z 7z ~by tv ~°6~ ~~LY s~9q '~!~ 3 `~ . S ~3 8a~~s;y ~~~, ti~ 0 S~~ L 'Vp3~ ~Y D~ N4~12' f b3.'16' t14U'3 ~' Vy ~s.qi' .~ i TRACT ONE: 433.41 ACRES Atkinson to Olney Vol. 205 Pg. 469 02/24/78 SURVEY PLAT FOR TWO TRACTS OF LAND: 1) 1.07 ACRES, MORE OR LESS, COMPRISING APPROXIMATELY 0.68 ACRE OUT OF F. A. LACKEY SURVEY N0. 1866, ABSTRACT N0. 1737 AND APPROXIMATELY 0.39 ACRE OUT OF T. J. WOOTON SURVEY N0. 1885, ABSTRACT N0. 1142, 80TH 5URVEYS IN KERR COUNTY, TEXAS; PART OF THAT LAND CONVEYED AS TRACT ONE - 433.41 ACRES AND TRACT TWO - 23.38 ACRES FROM JIM TOBE ATKINSON, EXECUTOR TO DR. JA?!ES K. OLNEY BY A WARRANTY DEED WITH VENDOR'S LIEN EXECUTED THE 24TH DAY OF FEBRUARY, 1978 AND RECORDED IN VOLUME 205 AT PAGE 469 OF THE DEED RECORDS OF KERB COUNTY, TEXAS; AND 2)0.11 ACRE, MORE 0R LESS, OUT OF T. J. WOOTON SURVEY N0. 1885, ABSTRACT N0. 1142 IN KERR COUNTY, TEXAS; PART OF A CERTAIN 118.87 ACRE ATRACT DESCRIBED AS TRACT ~3 IN A WARRANTY DEED FROM W. C. FAWCETT, ET AL, TO ALICE N. HANS2EN EXECUTED THE 14TH DAY OF AUGUST, 1959 AND RECORDED IN VOLUME 105 AT PAGE 503 OF THE DEED RECORD5 OF KERB COUNTY, TEXAS 3~`~ ~~~ ~, S °~~ 'per ~ TRACT TWO: 23.38 ACRES ~~ Q ~~ ~ Atkinson to Olney ?~,,~ ~_ Vol. 205 Pg. 4b9 02/24/78 52°x` 31' E~ f ~o.2q , SCALE: 1" = 100' LEGEND e fencepost -K- fenceline I hereby certify that this plat is an accurate representation of the property shown and deacrlbad hereon as determined by a survey mad• on the ground under my direction and supervision, except no survey was made to reestablish Patent Survey linen or corners; and that all property corners are as shown. f 523`0.' E J~ ~.gq., rl2g°42' Yy cay.IS' -''~ S"-t~C~, ~C'y,~ i'7 3-I - w ~ . t (~-~ z SI"j•45'vY -~ 39.01' ~~ ~ /~• n I `ry ` ^ ~~ •~- •~._. 4a.2~ ~ ,.~, y~~ ~ i. ,~/ C9 ~Y ~O ~'» ° e o`b ~+~~ Dated this 7th day~of August, 1991 1 ~-~