ol~nl_r•~ ~~n. ~1E~i~i~'i t~Tt~i~l-i~ car TEXi~~:~ a c ci~r=~r~jz1~~~rc~ra~r~:_, ~1~_~ui=~r G C1 i..11~I T Y i~i F f': E f•? ~; ) ( Ci F I', F~ I=t 1~t C I =11J hl -f 'Y , T E::X Fa S l:! ~~ U L~ i~ I=- i ~ ;~ f-133 i~=i Pd i~ i:1 P~JM 4~ I~ -f i~i P~1 U 11 H L: i~i T T hJ i~ t=) f~ (~: irf H L WI-i~f~~_f~~.;, ~+r:t i.t i. or', 'f'~i.;r ~~t~andorimE~nt ar,cJ VC-ECr•t ir,~ of a r oe,d tiers ~7e(?i1 1'i1Fd L'J1'Fh ~..,t]iiimLSSlDTit?7-'~ l~C:lL.1r't t]1~ Kf.r'r' ~~t]llili:yy 1e;,.a5u ctn CI WHCF~L~1S, ~t_lcl-i F'et it ion ha. k]eeri dt_lly fi ].E+d and ~liaced ~_1}~or, the tac3e=:ida -ror~' l`i]mmi=:aioriar~v i~~i]~_lr~t mi•3eting iTi r_tC~i~r~Y'•+i;etY1C"4,' i^~lti'1 and ].n camp+i. ianc•F with a~+F+i icc.rai ~: iaw; and WHIwF~I=i'i~, the 1~'et it i ors L,}~eci ~r i e 7j_li._ri r~ca~a.d ; :~ncJ WHE:l~tE:f--~~_;, t:l--~o, r~oad rnade t:!-ie =,~_lt].ject of .aid ~+etition 1-~_ not __> ]. o T7 f? 'r ~ ~> C G i_1'r'.'t. G 'f' I"t e 'r' r" C G t_1 n t y, 'T~ e x t:, ~ hi a =_, i o n +.1 tl c~ t i~ i J _j .f: ,_t :t 1 i ri v r`. 1 t i t~ a ~~ :i ,~ n i] F the ~] i'°' c• p o s: ~ 1 <.~ t es t e d i t i s ~_1 c h r'et i t i on, and 4lHI=::F?c.i•"l`'9 it hc~=. teen i:jeter mi•neij that :aid r-'aad ha=, not C,een <~iid isa not t]ei.nr~ ~_led a~. a ~]t_li]lii= r-'oad aiid the i]wner~s i]#= the j~;i'o~~er°'i_:y ar_r-'c+ss~ wt-,i.ch•i tf•ie r-'aad is ioc_'ated c-~nd the o~arier=_ 01= t'tie pi•,o~]er~ty to whi+=-f~ the road r~_lris ar-'e iri ~~~r~'Pemerit f=or, the at,andonmE~rrt grid va~_at inr~ of ~.~_lc_t-i rc:+ac:1 ; and >,J I'-I ~~ I'd C. i=1'_s y j a i i:i r^ a n d his _•. ri e v e r- !:~ e e r, t.l ~ it d ;~ s _. p t_1 ?0 3 i i.. r o ;~ d n o r i.mpr~'ovcd et~-> st_lt_I-ig h.itaWy -fFiEf•~~Fi~F~[_, F.i~': ANLi I"!" I-1EFF1•'~`f i~; RE'~3[~it_V~D c;n tFie ~:r,d day O 1- tai U ,~ (? lil I:] t? r' y .i ~7 ''~ .J q ::, t C{ m e (? 'f: ]. 'tl I'} U ~" t { i P i.~ O lil m 1 ~ '.s 1 o n e r ' S ~.. i] It r"' t O 'i'" ;er r- C:o~_lnty, Tetra=_s ci~_liy convened grid he 1.d in actor°di:~nr_i=~ E•~ith a I:] f:] 2 C' a '] i? f•' ~' t:} t_i :L r"' i3 i~ it i] L :L i:' F' S , l:] 1'' i] (:, t'. i:i t_E 1'' r s c't rid O +~ fi e'r" 3 C• C} iii 1. 1 3 '- r"eRt_1ir-•ement=>; t:I-ic- Sc:l].d F'eti.tion w,:.~__> d~_1iy r_:or,_,idE~r"cd t]y t!-ie L~omm1 ~:~2orlel."'~ l;i]i„lr'ty :t(fd tlii-: L, s7iil)n:I~;51Olii'i•"~; l,(]+_ti•'t ~~`.:i{;E.m~'i3i~d i:::',v t_!rtctrllmo!lc iGri~`_ien+ l.i~ tllE' t_omllll.~i~:].Orler"'{i (-~1.EC-ted tI-tC1"eli(::iGr: dt_l.) y made tl-ie fioiiowiny 1=irii:#inr~=.a 1.. TI-;at it wo+_tld he exE~~edien•t to vnr_~tte ,::tr;d at_~tT-~dur, tt-,ir r~a::tt~ a: se.~, {'r~i'th iTi t1-te ±='et i~t: 7. uri ~ and ~::. l hat tt;e p,_tt;l is ir;ter•~est will ne t_+ettr?r^ ser +.~ed t::+~,.' m~:cl~ing _~>+_IC~h ci";arii~e, vac~at ing aTid abandonment 9 ~,r°~d ~. 7°hat ail req!tir~ements of the 5t ate of "i~exas both as. to flit= 1<~tw ani.1 L:,r~or~ed+_tre :~i",d x;.11 c:,r-i,r-ei~+_tisites for the <_~hove°-Iner;t• a. oned vacs~t ir;gp c'har,C~e and abar~dc,r;mer;~t of paid road have bet=n d~_ily met ar~dv~11 +_~c=h rerli_tirc:mer;tt> have sl_tta=.t~:tntit:tlly comF_+lied witr;; and 4. ~l~~hat ~a<~id r~o~td has T-it~•t been anc7 is riot beinel +_tsed ~~~= et E] +_l tJ 1 1 C 'r' o c~ d . l.Jpan motioT~r by C:ammissioner~ Ctet-,l.er-p sec•r.nded by Gc+mmi~~sir,ner- I__ehman, z=tr,d the C=t~+_tr~t ~~tpL~roved the Sarni=, with =~11 vot ir,r~ for and r°~orre voting c-tgain=.t the ~~:ameg sci tt-,at tt-,e C.ammisss~.C;ner'~s C~o+_trt of iSer~r t~oi_tnty, Texas ac~cordiT-,gly t~,_'rt•<'hy o;,Clr?t'•=_~ tt-,e~l; the road made tl~ie =, +_tt-~_jer•t of tt-,e r igt-tt-of--way e~:tsemer,t. r'ec'orded 1TI Vol._imc.' ~p ~'c:lge ''F ~`'7, ~I_'..ct'.~4?ItleTl'l: ket_t:)r"dsp I~e'r'1" C, f7l.lTltvp Te:r:a=, acr-•oss tt~e ~r-o~;c:r-t:y de=_>i=r"i.bed in Exhibit ~~i=~'~, c3'4taclied hert.ta ,~-~nd madr= ~~~f:,ar^t her~evf for :~}.1 Ft_trt;c;si:sp <:t4, .f r~nE:;ied iiereir, vcr~l=~atim, and tt-~c; +_t=>E tt°,er~euf t:,y tr,e t~++_It_+].icp ~li~;llp ;tnd hereby i.s :j<_~tc_a~iic+r;, and tt-,e final vote ir; the matter her-~ein t:_ont~:in~zd~ ~;t_tc_yp t-iolekamF+p t_ackey, fitet-,ler-•p anti Let-, In an. 'Ttie (1.erl: of the !=o+_trt its lit?r-ek~y orde'r'ed to iT-,sert this C7 r,cle;.~ in its entirety ir; the minr_tteC of tt;e Cnmmir~zoner-~rs L'o+_;r-•t of Near Co+_tnty, Texas. St i=, furthEr the t?r~der oP tt-,t/ Commis=_>i.oner _~ Co+_trt of F4er-•r-•. i~o+_tnty, Texas that the ~uo~_tT~ty .J+_tdge of I~Cer~r-~ C,o~_tT-~typ ~Tex<_is 1-.,cep ar:d t-ie i-~eret:ry is, a+_ttt;or-i Fd t~o execr_ttt: an At~andcinmer;t: r7eed of said ;-o~ad aT-~d the groger ty desc='r~i.brd in t.;;hil-~it "Fa" ~~tnd to deliver- sc~tme to ~. E='et~~:r-~ Zoc_t-,p 11:Tp the owr;er tt;er-•eof. :_i :i.i~r;et:i str-.c1 CJrdered ti-pis ~-';i~j d:;y of t~Jnvere,ht-~r-~ 19`3~~. (~Ui~Ih1IS~ICINL`-R~ CCII;(~t~f LAY o ,':~/ W. C3. a~TiaC;`r ;'T,' Wi 11 iam G. ~;tacy Co{_tr;ty J+.tdge Ker~r-• ~.;o+_tr;typ Texas L.XHIIa:C"f ~,fa" Peing ail Gfi a t t:r~tair; tt,ir~ty (~5i7.tJ fot;t wicJe rGaci eats>E-mEnt l!E]Glly GJer` aTid ai:'r"•GSS 1~~J~+. ~'.~~' acr"'e5 I'C.;n`Jt'yf?tj t~] 1~'r'1t ~~~aVi'1C3 F!ir~~Ja a~. Truer-•rnediar'ya f.r:Gnt t_. I.;, f5r-in~~man tay a SEsec_'iaJ. War"r'~:int}~ I]!=r?d t:;~i-+i~~_tte]t3 thin ].i'tI`i ~.J~iy GF t.:~c~tGt3er•a 1.3c.~4~„ <:;i;~..I r'E'co;^ded in L'oTr_trrre `.i~7[T, at rage 11;19 t]f tt~iin- F~Eal E='r~Gfser~ty ?~co•r~ds G1= E'~~?rr C~o~_tntya Ie;:a~~; par. v1= f., !~-'„ ~~~~r;i.tl-t f-i~_tr~:~c-,f t:ICJ. 1 itit`, F~bvtr~ac_t (~aG. J. i~1~ia L.. E,~. ~:~mit:h S~_tr~vey IVG. 1~;=~t.a (it~str~act h'JG. 1>~:':,~, and 1-i. ~ h,1eTsGrt '_~F_tr~vr?}' h'JG. 1~?~3=+a Eats.=_.~I;,r-'~ni._t ItIG. c,,~~~a in N:Fr~r-' CG~_tntya ~L-'xa=,; ar~d k•~cing fiifitEen {1~7 ~=v. ~a~idE~ alGng and a#:]~:-Ltinri e~_,ch site G1= tF-~_~ 'i~Gllo~si.nt3 tJesc~ribt~ri cc,rtterl 1T'7B L=tEnvIl~t~lIraCj cat the we=.ter~Iy tErmin~_t~ Gf tt-~E~ i-ter-'t=•in de,cr-'it~ed e:?~emerit iii tiie 'c3G~_tti'twt st 1 into Gf =~~i.d 1;-~4. ~_~= acre =. 9_ the T°iOt''theast r-'igt-~t..of.. way Tine Gf Mate E•iigt-~a~ay t~aG. ~:I, whic~'i-~ t?Gir~t t]i?.?.r-'<.~, .aE]p;' Gximatr?Iy x_:`317 i't. ':ira~_tt:t~t acid 1.7`:':i fit. I~Jest: frGm a r:tc;rte ntc;~_trtd gat the hlGr,theast C~G'r'r~er~ Gf said ~_tr~~,,'ey no. :I1~~~; which E?Gi;]t =~+1sG bearsa ::3.:~~+t3.~ fit. :3. ~_`:~'/= iia W. I> Gli; a fence cor-•r~er-~~ast at the h'aGr-theast. corner-' of said 1~~4. c: c' <~t.~r`,i! ~~ 9 ci ~_t E ± G r; = G V E r"' ci n cJ c1 l_ t'"' G ~~ 5 ri rt 1 d J... ~ ~I• . ~ ~ i.. ci c 1' ' e S a I G rt C~ t: t'~ E' a~7~]r'i]Xlinatt? (=`t'ilti?r'IlYlt? i]1" c=ti1 E?Xl~:itlrit3 rarlCti r"C:~ii~~ TNEh•JC~E.' I`d. t~:s'l. ~:;~~a E. 1 E•1 . `,~ f F r~~t: ; ~ H L t~! C.. f~ iJ . ~,''~ ~ t.1 C7 a t= . , .~4?t J . t~ ~ r e e t ; ~i I"~))~~'aC. Er ha. ~7..'~n~ ~.~a E;.. .~ I ~. ~~C:: 'fie et ; I ~-I ~ h+~ iv ~= t'~~ . f ~:S J. ~_J ~~ a ~_ . ~ ~:.'. 1 . ~ ~::: ~r e i~ t y -1-HEI~IC::E:: t~{. C~.i% ~4a F. ~~~~`~~. c:'4 fleet; ~-t-~r_r~c~ h~ . ~3~_ ~a ~.~ a ~ . ~, a•. 1 ~ fi e ~ t y T FJ ~~ h~l C E. 5 . 7 r % 1 '~' a E . C~ E, . tt 4 feet ; J-i-iE.:hdC~E :~. ~'''i~ %r:'.:;' ~ . 1::~`,::,. ~'~y f e i't ; ~~nd "f E-i ~ h~l C:: E_ ~ . ~; 9 % 1 °'i a E:. ~ ~_; 7 . ~: 4 f e c: t ; J-G 'the e~~s'terTy tE?r'~n1Pl~_('=. G'I° ttl~' ~'it~r~e:ti-~ i:~e:s(~i'''lt3f:.'Cj e,3.:?G~7:ant In th3e cGmrnt;r. T i.r.c k::r~tweer'. said 1~,~t.. c<<: ac~r-'ea artd 1°,c:~. ~~.4.7 acr'"es cGTl4E'yed t0 1?r`tYl ~. ir1~~'ter"'sa tr''~_t5tr?ey 'I"r'Gin L_. ~. La?~tly ~r.t_i~~tE'e:•y ~~y ~°~rt E't=_>=.~_tmC~tic;rt UFed er;E'c~~_ttr?d tl-te ~:,tl-i rJay Gf Ctctt;r~er~a 19~G•a ,a'.~d reCGrded in VisT~_tme ~,4_'i~a t.:~t s:si~i~e ;-;:.~.a Gfi tFie 11err~,~( i?Fi::G;,cJ =. Gf I:err Go~_tnt'ia ~t'exa=,. EXF'iIIiIT~ "Fa" Order No : 21680 STATE OF TEXAS § COMMISSIONERS COURT COUNTY OF KERR § OF KERR COUNTY, TEXAS ORDER FOR ABANDONMENT AND VACATING OF ROAD WHEREAS, Petition for Abandonment and Vacating of a road has been filed with Commissioners Court of Kerr County, Texas; and WHEREAS, such Petition has been duly filed and placed upon the agenda for Commissioners Court meeting in accordance with and in compliance with applicable law; and WHEREAS, the Petition specifies such road; and WHEREAS, the road made the subject of said Petition is not and has not been used as a public road; and WHEREAS, the Commissioners Court of Kerr County, Texas has conducted a full investigation of the proposal stated in such Petition; and WHEREAS, it has been determined that said road has not been and is not being used as a public road and the owners of the property across which the road is located and the owners of the property to which the road runs are in agreement for the abandonment and vacating of such road; and WHEREAS, said road has never been used as a public road nor improved as such; NOW, THEREFOR, BE AND IT HEREBY IS RESOLVED on the ' day of `}~1fi -r;` , 1993, at a meeting of the Commissioners Court of Kerr County, Texas duly convened and held in accordance with all applicable required notices, procedures and other legal requirements, the said Petition was duly considered by the Commissioners Court, and the Commissioners Court assembled by unanimous consent of the Commissioners elected thereupon duly made the following findings: 1. That it would be expedient to vacate and abandon the road as set forth in the Petition; and 2. That the public interest will be better served by making such change, vacating and abandonment; and 3. That all requirements of the State of Texas both as to the law and procedure and all prerequisites for the above-mentioned vacating, change and abandonment of said road have been duly met and all such requirements have substantially complied with; and 4. That said road has not been and is not being used as a public road. Upon motion by Commissioner (~21~~2~- seconded by Commissioner ~,.,Q ~ ~,,,~ a ~n , and the Court approved the same, with ~~ voting for and howl voting against the same; so that the Commissioners Court of Kerr County, Texas accordingly hereby orders that the road made the subject of the right-of-way easement recorded in Volume 5, Page 459, Easement Records, Kerr County, Texas across the property described in Exhibit "A", attached hereto and made apart hereof for all purposes, as if copied herein verbatim, and the use thereof by the public, shall, and hereby is vacated and abandoned from this time forward. Following members of the Commissioners Court were present and each participated fully in all discussions, consideration, decision, and the final vote in the matter herein contained: 1_ .~t~..e.y The Clerk of the Court is hereby ordered to insert this Order in its entirety in the minutes of the Commissioners Court of Kerr County, Texas. It is further the Order of the Commissioners Court of Kerr County, Texas that the County Judge of Kerr County, Texas be, and he hereby is, authorized to execute an Abandonment Deed of said road and the property described in Exhibit "A" and to deliver same to F. Peter Zoch, III, the owner thereof. Signed and Ordered this ~`'~day of ~~ 19 7 COMMISS N S URT By: William G. tacy County Judge Kerr County, Texas 6\ZOCH\OR EXHIBIT "A" Being all of a certain thirty ( 30 ) foot wide road easement upon, over and across 154.22 acres conveyed to Brit Wayne King, as Intermediary, from L. D. Brinkman by a Special Warranty Deed executed the 17th day of October, 1990, and recorded in Volume 578, at Page 113, of the Real Property Records of Kerr County, Texas; part of C. P. Smith Survey No. 1102, Abstract No. 1134, L. W. Smith Survey No. 1536, Abstract No. 1030, and H. S. Nelson Survey No. 1794, Abstract No. 940, in Kerr County, Texas; and being fifteen (15) ft. wide along and abutting each side of the following described centerline: BEGINNING at the westerly terminus of the herein described easement in the Southwest line of said 154.22 acres, the northeast right-of-way line of State Highway No. 27, which point bears, approximately 2917 ft. South and 1799 ft. West from a stone mound at the Northeast corner of said Survey No. 1102; which point also bears 3348.6 ft. S. 29° 11' W. from a fence cornerpost at the Northeast corner of said 154.22 acres; THENCE upon, over and across said 154.22 acres along the approximate centerline of an existing ranch road; THENCE N. 63° 32' E. 161.50 feet; THENCE N. 59° 00' E., 305.04 feet; THENCE N. 63° 03' E. 378.92 feet; THENCE N. 78° 58' E. 221.72 feet; THENCE N. 69° 34' E. 235.24 feet; THENCE N. 82° 33' E. 60.10 feet; THENCE S. 77° 17' E. 66.44 feet; THENCE S. 57° 45' E. 135.59 feet; and THENCE S. 39° 15' E., 337.24 feet; To the easterly terminus of the herein described easement in the common line between said 154.22 acres and 1525.40 acres conveyed to Dan E. Waters, Trustee, from L. L. Lash, Trustee, by an Assumption Deed executed the 5th day of October, 1984, and recorded in Volume 305, at Page 34, of the Deed Records of Kerr County, Texas. 6\ZOCH\EX1 EXHIBIT "A" DEED OF ABANDONMENT THE STATE OF TEXAS § COUNTY OF KERR § KNOW ALL MEN BY THESE PRESENTS: THAT KERR COUNTY, TEXAS (herein "Grantor"), for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, has ABANDONED and VACATED, and by these presents does ABANDON and VACATE unto F. PETER ZOCH, III (herein "Grantee") of the County of Kerr, State of Texas, all of Grantor's right, title and interest in and to that road known as Ellebracht Road and made the subject of the right-of-way easement recorded in Volume 5, Page 459, Easement Records, Kerr County, Texas, across the property described in Exhibit "A", attached hereto and made a part hereof for all purposes; TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described property and premises unto the said Grantee, Grantee's heirs and assigns forever, so that neither Grantor nor Grantor's heirs, legal representatives or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this ~ day of ~/ 993. KERR COUNTY, TEXAS BY: Wil iam G. Sta y County Judge THE STATE OF TEXAS § COUNTY OF KERR ~ This instrument was acknowledged [rte,' , 1993, by WILLIAM G COUNT , TEXAS, on behalf of said KERR before me on this L~day of . STACX, County Judge of KERR COU py, TEXAS. ,~ ate o~ 'rex~s EXHIBIT "A" Being all of a certain thirty ( 30 ) foot wide road easement upon, over and across 154.22 acres conveyed to Brit Wayne King, as Intermediary, from L. D. Brinkman by a Special Warranty Deed executed the 17th day of October, 1990, and recorded in Volume 578, at Page 113, of the Real Property Records of Rerr County, Texas; part of C. P. Smith Survey No. 1102, Abstract No. 1134, L. W. Smith Survey No. 1536, Abstract No. 1030, and H. S. Nelson Survey No. 1794, Abstract No. 940, in Kerr County, Texas; and being fifteen (15) ft. wide along and abutting each side of the following described centerline: BEGINNING at the westerly terminus of the herein described easement in the Southwest line of said 154.22 acres, the northeast right-of-way line of State Highway No. 27, which point bears, approximately 2917 ft. South and 1799 ft. West from a stone mound at the Northeast corner of said Survey No. 1102; which point also bears 3348.6 ft. S. 29° 11' W. from a fence cornerpost at the Northeast corner of said 154.22 acres; THENCE upon, over and across said 154.22 acres along the approximate centerline of an existing ranch road; THENCE N. 63° 32' E. 161.50 feet; THENCE N. 59° 00' E., 305.04 feet; THENCE N. 63° 03' E. 378.92 feet; THENCE N. 78° 58' E. 221.72 feet; THENCE N. 69° 34' E. 235.24 feet; THENCE N. 82° 33' E. 60.10 feet; THENCE S. 77° 17' E. 66.44 feet; THENCE S. 57° 45' E. 135.59 feet; and THENCE S. 39° 15' E., 337.24 feet; To the easterly terminus of the herein described easement in the common line between said 154.22 acres and 1525.40 acres conveyed to Dan E. Waters, Trustee, from L. L. Lash, Trustee, by an Assumption Deed executed the 5th day of October, 1984, and recorded in Volume 305, at Page 34, of the Deed Records of Kerr County, Texas. 6\ZOCH\EX1 EXHIBIT "A" STATE OF TEXAS § COMMISSIONERS COURT COUNTY OF KERB § OF KERR COUNTY, TEXAS PETITION AND REQUEST FOR ABANDONMENT AND VACATING OF ROAD T0: The Honorable Commissioners Court of Kerr County, Texas The undersigned hereby petitions and requests said Court to abandon and vacate the roadway made the subject to the right-of-way easement recorded in Volume 5, Page 459, Easement Records, Kerr County, Texas in January, 1969 and in support thereof would show to the Court the following: a. Certification by the Road and Bridge Department that said road which is known as Ellebracht Road has not been maintained as a County road and is not maintained at this time as a County Road, and that certification is attached hereto and made a part hereof for all purposes: b. The adjoining property owner, Texas Parks and Wildlife Department, who acquired the adjoining property in 1990, has consented to the abandonment and vacating of this road as a public roadway and that consent is attached hereto and made a part for all purposes; c. No use by the public is necessary nor reasonably required and it is in the best interest of the citizens of this County to abandon and vacate said road as a public road, establish no responsibility or maintenance obligations for the same and clarify and establish the status of said road; and d. The undersigned will show the Court the discontinuance of the road as a public roadway will serve the public interest of Kerr County. Respectfully submitted, WALLACE, MOSTY, MACHANN, JACKSON & WILLIAMS A Partnership of Professional Corporations 820 Main, Suite 100 Kerrville, Texas 78028 (512y 896-38 By: - David L: ,aackson Texas State Bar No. 10459000 ATTORNEYS FOR F. PETER ZOCH, III 6\ZOCH\CCP fAL•WiIOtTT1t1L1L1TZf..i_..=•-.._:_-_::_-•---.:• ,: - ::.::-.-__:-:_..,.___.-:.:-._:__-o~....^e..w^.~.--- RIGHT-OP-WAY TA~I;MRNZ' STATE OF TEXAS, &Z KNOW ALL MEN BY THESE PRESENTS: County of_........lit':.T.J~ ....................................................._ THA7_wq,.„C."'!N: ;Nutter°and'•wlfe, JoseFhine Nutter, .... .............. ..... ........ ~+ ot......._Ker.r...Crounty,.....~:gxa.R ....................................._.......................... ......_, in consideration of lice sum nt ,One k ,No/100 Dollare,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,•,,,,,___,_„_,,,,,,•,„•••,,,,,,.artd other good and valu~bie consideration in hand paid by !Kerr•County;ry~exae• , receipt at which is hereby acknowledged, do by these presents grant, bargain, sell and eottvey unto the said Kerr County, Texas, cite tree and uttittterruoted use, liberty and privilegeot cite pas- sage in, along, upon and across lht following- land in .............................Kerr ,,,,,,,,,,,,YrCounty, Texas, owned by us, to-wit: Being a stt•ip.of lan:l lying 15 feet on either aide of •thc center- line of a portion of Old State Highway Ne. 2T, originally known as the Old Spanish Trail and as located for construction in the year 1923. said centerline being 3e- scribed more particularly as follows: BEGINNING at a point in the present north right o.( way line of State Highway No, 2'7 as originally platted in the year 1934, which point is normal to approxi- mate Station 1820f5Q of the centerline of said Highway No, 27 and which point ie locate3 in the L, W, Smith Survey No. 1536, approximately 1125 feet 5.45°W, and 12C0 feet N.45°W. from the east corner of said survey; THENCE in a northeasterly and easterly direction with the meanders of the centerline of said old Highway, 27, at approximately 13u0 feet crossing the north- east line of Survey 1536 at a point approximately 8(lU feet N. 45°W, lrom its east corner, ens contluuing across a portion of the 14 S. }`!clson Surety 1794 for a total distance of approximately 2, 112 feet to the point of termination at a cattle guard across the eaid,old Highway 27, mArking the entrance to the Leona Elle- bracht Ranch. `~c~" public roadway For the purpose of opening, constructing and maintaining a permanent 3;bigi?svtay tn, along, upon and across said prwiscs, with lice right and privilege at all limes of cite grantee ltcrcin, his, or its agents, em- ployers, workmen and representatives having ingress, egress anil regress in, along, uponr:tn¢•I•tcJ~ :said prcnt- ices for the purposes of making additions to, impruvemcuts on and repairs to the said ~~~twxy~or any part therco[. sors and assigns TO HAVE AND TO HOLD unto flu said Kerr County, Texas, its succes/ .:.: as aforesaid for the ~gtppS,4}, aforesaid flu premises above described, • - ,. .. I•.and.6...., this the.........:q day of_ .................January.........................., A. D. 196.9.. ~~~ t't^^r .. ~ C. N. Nutter /J t ~--~~ Certification The undersigned duly authorized representative of the Road and Bridge Department of Kerr County, Texas hereby certifies that the Ellerbracht road, which is a road created by instrument of record in Volume 5, Page 459, Easement Records, Kerr County, Texas which is more particularly described therein is shown on the records of Kerr County as Ellerbracht road, but is not and has not been maintained as a County road and is not maintained by Kerr County at, this time. Road and Bridge Department By: ` Name : L. e o w~~d 12 . ,.,~ fir. Title: K,e,rv CC. t~owd , t~ir~~p Ad~:.~:stra;~~Y 6A\Zoch\C CONSENT TO ABANDONMEN'P AND VACATING OF ROAD The undersigned owner of 250 acres acquired from Daa E. Waters on March 16, 1990, recorded is Volume 543, Page 399, Deed Records, Kerr County, Texas, hereby consents and approves for all purposes the abandonment and vacating by the County of the public road known as the Ellebracht Road which was the road described in the instrument of record in Volume 5, Page 459, Easement Records, Kerr County, Texas, and agrees that the abandonment may be taken up, considered and granted by the Commissioner's Court of Kerr County without further notice, comment, appearances or action by the undersigned; it being understood, represented and acknowledged by the undersigned that t*s~ property at the eastern terminus of this road does not require the use of such road as a public roadway amd the same has not been used as a public roadway. TEXAS PARKS AND WILDLIFE DEPARTMENT Name : A~!/,~~CEtJ SANlD/yI Title:°YU~~~~E ~r«~-r,~/i THE STATE OF TEXAS 5 COUNTY OF RERR ~ Th's instrument was acka e 1993, by , .~ e ~v'a ire e~c of on behalf of said TEXAS PARKS before me this ~ r~ day of ERAS PARKS AND WILDLIFE DEPARTMENT, AND WILDLIFE DEPARTD~NT. N ry Public, State of Texas ° ~HN C. FOSt1EE `` az MV COMh11SSI0N IXPIRES ~s'~;••. N ~# September 14,1996 ~N~ p ~1 /!~ ~ °''~'~r'a` . ~~I~sr ,~ 7~ ' ~+ ~J~_ L t s .y~ ~, '•~.' 5t.e~ 2 ~~'f •~~ ~t ~i~'ti#t C .C ~+ ~~ '4 r~~ tip ~; S4. ~_, eb.a, '~ 1..:. J '~ .~` . ~~,/ ~i q~ oQ'L ~\\ •4, 'Fw •l• '~ ,: P ~.`. ~ i? +/ .~ i. 4, ~ 1j, r.. '\~. ., 'aa `~ ~"~ r~ `~ a. I'+T *,~ ~j t 'u 'Y~ ,j. Order No: STATE OF TEXAS ~ COMMISSIONERS COURT COUNTY OF KERR § OF KERB COUNTY, TEXAS ORDER FOR ABANDONMENT AND VACATING OF ROAD WHEREAS, Petition for Abandonment and Vacating of a road has been filed with Commissioners Court of Kerr County, Texas; and WHEREAS, such Petition has been duly filed and placed upon the agenda for Commissioners Court meeting in accordance with and in compliance with applicable law; and WHEREAS, the Petition specifies such road; and WHEREAS, the road made the subject of said Petition is not and has not been used as a public road; and WHEREAS, the Commissioners Court of Kerr County, Texas has conducted a full investigation of the proposal stated in such Petition; and WHEREAS, it has been determined that said road has not been and is not being used as a public road and the owners of the property across which the road is located and the owners of the property to which the road runs are in agreement for the abandonment and vacating of such road; and WHEREAS, said road has never been used as a public road nor - improved as such; NOW, THEREFORE, BE AND IT HEREBY IS RESOLVED on the day of , 1993, at a meeting of the Commissioners Court of Kerr County, Texas duly convened"and held in accordance with all applicable required notices, procedures and other legal requirements, the said Petition was duly considered by the Commissioners Court, and the Commissioners Court assembled by unanimous consent of the Commissioners elected thereupon duly made the following findings: 1. That it would be expedient to vacate and abandon the road as set forth in the Petition; and 2. That the public interest will be better served by making such change, vacating and abandonment; and 3. That all requirements of the State of Texas both as to the law and procedure and all prerequisites for the above-mentioned vacating, change and abandonment of said road have been duly met and all such requirements have substantially complied with; and 4. That said road has not been and is not being used as a public road. Upon motion by Commissioner seconded by Commissioner , and the Court approved the same, with voting for and voting against the same; so that the Commissioners Court of Kerr County, Texas accordingly hereby orders that the road made the subject of the right-of-way easement recorded in Volume 5, Page 459, Easement Records, Kerr County, Texas across the property described in Exhibit "A", attached hereto and made apart hereof for all purposes, as if copied herein verbatim, and the use thereof by the public, shall, and hereby is vacated and abandoned from this time forward. Following members of the Commissioners Court were present and each participated fully in all discussions, consideration, decision, and the final vote in the matter herein contained: The Clerk of the Court is hereby ordered to insert this Order in its entirety in the minutes of the Commissioners Court of Kerr County, Texas. It is further the Order of the Commissioners Court of Kerr County, Texas that the County Judge of Kerr County, Texas be, and he hereby is, authorized to execute an Abandonment Deed of said road and the property described in Exhibit "A" and to deliver same to F. Peter Zoch, III, the owner thereof. Signed and Ordered this ~ day of/~~ _ _`'r 1913 . COMMISSI R COURT By: William G. Stacy County Judge Kerr County, Texas 6~ZOCH~OR EXHIBIT "A" Being all of a certain thirty ( 30 ) foot wide road easement upon, over and across 154.22 acres conveyed to Brit Wayne King, as Intermediary, from L. D. Brinkman by a Special Warranty Deed executed the 17th day of October, 1990, and recorded in Volume 578, at Page 113, of the Real Property Records of Kerr County, Texas; part of C. P. Smith Survey No. 1102, Abstract No. 1134, L. W. Smith Survey No. 1536, Abstract No. 1030, and H. S. Nelson Survey No. 1794, Abstract No. 940, in Kerr County, Texas; and being fifteen (15) ft. wide along and abutting each side of the following described centerline: BEGINNING at the westerly terminus of the herein described easement in the Southwest line of said 154.22 acres, the northeast right-of-way line of State Highway No. 27, which point bears, approximately 2917 ft. South and 1799 ft. West from a stone mound at the Northeast corner of said Survey No. 1102; which point also bears 3348.6 ft. S. 29° 11' W. from a fence cornerpost at the Northeast corner of said 154.22 acres; THENCE upon, over and across said 154.22 acres along the approximate centerline of an existing ranch road; THENCE N. 63° 32' E. 161.50 feet; THENCE N. 59° 00' E., 305.04 feet; THENCE N. 63° 03' E. 378.92 feet; THENCE N. 78° 58' E. 221.72 feet; THENCE N. 69° 34' E. 235.24 feet; THENCE N. 82° 33' E. 60.10 feet; THENCE S. 77° 17' E. 66.44 feet; THENCE S. 57° 45' E. 135.59 feet; and THENCE S. 39° 15' E., 337.24 feet; To the easterly terminus of the herein described easement in the common line between said 154.22 acres and 1525.40 acres conveyed to Dan E. Waters, Trustee, from L. L. Lash, Trustee, by an Assumption Deed executed the 5th day of October, 1984, and recorded in Volume 305, at Page 34, of the Deed Records of Kerr County, Texas. 6\ZOCH\EX1 EXHIBIT "A" DEED OF ABANDONMENT THE STATE OF TEXAS ~ COUNTY OF KERB § KNOW ALL MEN BY THESE PRESENTS: THAT KERB COUNTY, TEXAS (herein "Grantor"), for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, has ABANDONED and VACATED, and by these presents does ABANDON and VACATE unto F. PETER ZOCH, III (herein "Grantee") of the County of Kerr, State of Texas, all of Grantor's right, title and interest in and to that road known as Ellebracht Road and made the subject of the right-of-way easement recorded in Volume 5, Page 459, Easement Records, Kerr County, Texas, across the property described in Exhibit "A", attached hereto and made a part hereof for all purposes; TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described property and premises unto the said Grantee, Grantee's heirs and assigns forever, so that neither Grantor nor Grantor's heirs, legal representatives or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this d"~-day of , 1993. KERR COUNTY, T XAS BY: Wil iam G. S acy County Judge THE STATE OF TEXAS § COUNTY OF KERR § This instrument was acknowledged before me on this, ~ day of !' , 1993, by WILLIAM G. STACY, County Ju ge of KERR COUNT , TEXAS, on behalf of said KERR CC~JNTY, TEXAS. Notary Pub 6\ZOCH\D1 ~['~~,~~,# l~iotte;~~ ~'~,'~Ede, Ut~te o(Texzs t ~,l .,~ ft;v C~~rt.~.ics;ra~~ Fx~irc ~ ~ ;, Texas EXHIBIT "A" Being all of a certain thirty ( 30 ) foot wide road easement upon, over and across 154.22 acres conveyed to Brit Wayne King, as Intermediary, from L. D. Brinkman by a Special Warranty Deed executed the 17th day of October, 1990, and recorded in Volume 578, at Page 113, of the Real Property Records of Kerr County, Texas; part of C. P. Smith Survey No. 1102, Abstract No. 1134, L. W. Smith Survey No.' 1536, Abstract No. 1030, and H. S. Nelson Survey No. 1794, Abstract No. 940, in Kerr County, Texas; and being fifteen (15) ft. wide along and abutting each side of the following described centerline: BEGINNING at the westerly terminus of the herein described easement in the Southwest line of said 154.22 acres, the northeast right-of-way line of State Highway No. 27, which point bears, approximately 2917 ft. South and 1799 ft. West from a stone mound at the Northeast corner of said Survey No. 1102; which point also bears 3348.6 ft. S. 29° 11' W. from a fence cornerpost at the Northeast corner of said 154.22 acres; THENCE upon, over and across said 154.22 acres along the approximate centerline of an existing ranch road; THENCE N. 63° 32' E. 161.50 feet; THENCE N. 59° 00' E., 305.04 feet; THENCE N. 63° 03' E. 378.92 feet; THENCE N. 78° 58' E. 221.72 feet; THENCE N. 69° 34' E. 235.24 feet; THENCE N. 82° 33' E. 60.10 feet; THENCE S. 77° 17' E. 66.44 feet; THENCE S. 57° 45' E. 135.59 feet; and THENCE S. 39° 15' E., 337.24 feet; To the easterly terminus of the herein described easement in the common line between said 154.22 acres and 1525.40 acres conveyed to Dan E. Waters, Trustee, from L. L. Lash, Trustee, by an Assumption Deed executed the 5th day of October, 1984, and recorded in Volume 305, at Page 34, of the Deed Records of Kerr County, Texas. 6~ZOCH~EX1 EXHIBIT "A"