ORDER N0. E~237
APPROVAL OF QUITCLAIM DEED BETWEEN RICHARD
WIZBICKI AND KERR COUNTY AND AUTHORIZATION
OF THE COUNTY JUDGE'S SIGNATURE
On this the 3rd day of August 1994, upon motion made by
Commissioner Oehler, seconded by Commissioner Holekamp, the
Court unanimously approved by a vote of 4-0-0, to approve the
quitclaim deed between Richard Wizbicki and Kerr County and
authorization of the County Judge's signature contingent on
the metes and bounds to be submitted by Voelkel Engineering.
AGREEMENT AND RELEASE OF LIABLILITY
STATE OF TEXAS §
§
COUNTY OF KERB §
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.
~~=tx-~t ~f ~ --„a; and
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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: 8~ ~ ~l9`~
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 KERB §
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