ORDER NO.1731 AF~F~ROVAL OF CLOSING GURNEY ROAD On this the 7th day of December 1993, upon motion made by Commissioner^ Lackey, seconded by Commissioner Oehler^, the Ca~_ir^t unanimously approved by a vote of 4-0-0, to close L~~_ir^ney Ftaad fr^om Hwy ;~7 to Daltic being appr^oximately one mile of road based an the recommendation of the County Attorney's Dffice, County Engineer^ and the Railr^oad Commission ~?~_~inton Aaber^g. Effective Januar^y 1, 1994 with the gates to be the responsiblity of }'.err County and the locks to be the responsiblity of the landowners. ~ ~~ ~~~~ ~ ~~~ ~~.; Qom`'' 0 ~ g ~2 ,~ ltr,'f'~ ! +~`^' `~ ~/vvcll~' w wee ~ w G,~~.~-" ;~ ~~ ~ '~,~- ~~ ~,~ . µ` ~ ~ ~ ~ W `/"` ~` ,p ~ J , ,~, 7 ~"`" (f BCC ~~ ~~~ ~ ~ ~~ ~ ~~~ ~ ~~ ~ , _ _--- ~ ~9~ ~ L p : ~ : _ - -- ~ ~ s G l ,r d P 0 _..- Tai li ii -t tl I~ I 1 ~~ ~I ~~ `I It i f _ _ _ ~., ~ '~ `~ ~ ~ -aq,ad~p ~yk~ 6~,~/Uay ~j1~3~Aoozs P~ev+~-, t r ~' ~ At,~~S ~S,o9 ` ,~N,C tc5b SuA ~~~ I~ I~ 1~ ti~ w~ ` ~~ ~~ I! '~ `~ A t ~ ~~ ~ ~~ O iP~ sN i i "~ ra W W ~. Q~~~~ ~~ 1 ~~~ ~~f ,` c ~~1~ ~ a: . ' ~ ,~~, ~ ~y? ~! ~, ~.~ ~~~ ~~,,~'ss'~Q~ ~~~~ ~y ~~ ti~~ ~~~~ oRnEr~t NO.1731 AP'P'ROVAL OF CLOSIhIG bURNEY ROAD On this the 7th day of December 199.?,, ~_tpon motion made by Commissioner, Lackey, seconded by Commissioner Oehler, the i_o~art unanimously gp ~ ved by a vote of 4-0-0, to close L3urney 'rtoad from Hwy ~7 0 ~~altic being appr-oximately one mile of road based on the recommendation of the County Attorney's Office, County Engineer and the Railroad Commission O~ainton Aaber,g. Effective .]'an~aary 1, 1994 with the gates to be the responsiblity ~f t'.er~r County and the locks to be the responsiblity of the landowners. . ~ i . , :~ AGREEMENT AND RELEASE OF LIABLILITY STATE OF TEXAS § § COUNTY OF KERR § This Agreement and Release of Liability, is made by and between Richard Wizbicki, hereinafter "Wizbicki" and Kerr County, Texas, a duly constituted political subdivision of the State of Texas, hereinafter "Kerr County." Wizbicki, for and in consideration of the below-stated promises of Kerr County, Texas, acting by and through its Commissioners Court, hereby releases, acquits, and forever discharges Kerr County, Texas, and its officers, agents, servants, employees, officials, attorneys, and all persons natural or corporate, in privity with any of them, from any and all claims or causes of action of any kind whatsoever, at common law, statutory or otherwise, which Wizbicki has or might have, known or unknown, or that might arise hereafter, directly or indirectly pursuant to the abandonment, closure, or vacation of the road known as Burney Road near Center Point, Texas, and lying wholly within Kerr County, Texas. Kerr County, in return for the execution of this Agreement and Release of Liability by Wizbicki agrees to: 1. Execute a Quitclaim Deed to Wizbicki for the segment of Burney Road that crosses the 12.61 acre tract owned by Wizbicki; 2. Move the gate presently installed at the intersection of Baltic and Burney Road south to the property line of said 12.61 acre tract of land; and 3. Amend Order Number 21731 to except from abandonment that segment of Burney Road from Baltic to the property line of said 12.61 acre tract of land. It is further understood by the parties that, pursuant to law, Kerr County has no duty to maintain said segment of road and that Kerr County denies any liability in this matter and does not admit any liability whatever to Wizbicki, or any other person, firm or corporation by reason of. the facts and circumstances giving rise to the execution of this Agreement and Release of Liability and that this Agreement is made purely upon a compromise basis by the parties to rid themselves of potential litigation in regard thereto, and that this release shall never be used as evidence of liability in any suit, claim, or cause of action whatsoever. RICHARD WIZBICKI Date: KERB COUNTY, TEXAS COUNTY JUDGE Date: QUITCLAIM STATE OF TEXAS § § COUNTY OF KERB § That Kerr County, Texas, a duly constituted political subdivision organized and existing pursuant to the laws of the State of Texas, hereinafter referred to as "Grantor," for and in consideration of and in accordance with the provisions of article 6702-1, §.2.002 (e) of the Revised Civil Statutes of the State of Texas, ten dollars and other good and valuable consideration to Grantor in hand paid by Richard Wizbicki, hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, and for which no lien is retained, either express or implied, has quitclaimed, and does by these presents bargain, sell release and forever quitclaim unto Grantee all of Grantor's right, title, interest, claim and demand in and to that certain tract or parcel of land, situated in the County of Kerr, State of Texas, and being more particularly described in Exhibit A, which is attached hereto and is incorporated herein for all purposes. TO HAVE AND TO HOLD together with all and singular rights, privileges and appurtenances thereto in any manner belonging, unto the said Grantee, his heirs and assigns, so that neither Grantor nor its heirs, legal representatives, nor any person claiming under Grantor shall at any time in the future have, claim or demand any right or title to the property described above, premise or appurtenance, or any part of that property, forever. IN WITNESS WHEREOF, this instrument is executed on this the day of , 1994. William G. Stacy Kerr County Judge STATE OF TEXAS § § COUNTY OF KERR § Before me, Thea Sovil, a notary public in and for the State of Texas, on this day personally appeared William G. Stacy, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of 1994. Thea Sovil Notary Public in and for the State of Texas I=11-` ~' ~t U V f-1 i... iJ F= i-i li I^t i^. t i'~ E. Iii ~ ~ F-1I'V i.i i-i E ~. c. F-1 ~i r ~ i.J t L.1 i-i LT 1 L T i"'i" E~~1WcL('d I-(11..i'-iNi~l.J 4J1~L•i1Li~1 i-ii~J13 t:sYttk t.LJUi~ii'Y r1P4S~ FiLi-i-i-iu R I ~ ~;T i ut~l ui= -i l•-il: iJUtJi~i-~`r ~TiJDGE. S I GNE=1TlJRE u n .~ h i <, t tl k~ c. ~ r' d d ~~ y a i= r~ ~_c g ~_c ~ t 1. `~~ '~j tF , ~_c p is Tl m i:, ~: i u rl m zi d e u y Cammissieyner~ [Jel-~lt,r°~, =,Eacc,zluE~ci try i:uriimis=.zc~n~r-• Lackey, the i~c>>_~rt unanimously approved by a vote of 4-~-~, to ~~E;~r,o=~e file ca g r' 4? E' ITI e T1 _t : y T"t C7 `r' E? 1 e c~'.a E? O 1" 1 1 c~ tJ 1 1 1 ~: y ct Tl f~ a ~_t t tl O r' 1 := e ~: it ~ lj O ~_l Tl 'G W .7c_tdge to sign sai~1 duc~_tment curltingeTlt uTl ttie metes L:iTli~ uu~_tTlCsS to tie s~_Tbmitteci >Jy trite Uof?lhela