ORDER ND. `37`8 APPROVAL OF ORDER PRESENTED RY AGREEMENT BETWEEN PARTIES TO CANCEL PLAT PERTINENT TO THAT ORDER On this the 25th day of November^ 1996, upon motion made by J~_-dge Raber^t A. Denson, seconded by Commissioner Holekamp, the Ca~_~r^t unanimously approved by a vote of 4-0-0, the order pr^esented by agreement between parties to cancel plat of the eastern 62+ acres of Cullum Lake Estates per plats recorded in Volume 5 Pages 383 and 385, Plat Records pertinent to that order. ORDER DF COMMISSIONER'S COURT FOR CANCELLATION OF PART OF CULLUM LAKE ESTATES On this the 25th day of November 1996, came on to be considered the the application of GEOFFREY M. GANNAWAY and wife, CARDL J. GANNAWAY, CHOLE CULLUM WEEKS KEARNEY, a widow, and the FRANK P. CULLUM, SR. TRUST, who seek the Order of this Co~_~rt permitting cancellation of Lots 9 thro~_~gh 29, being all of the eastern portion of the Cullum Lake Estates, except the west end of Lot 24 and that part of Hluff Hill Road extending southwesterly fr^om the so~_~thwest cor^ner^ of r^e platted Lot 9, the same having been filed and presented under the pr^ovisions of the Texas Local Gover^nment Code, V. T. C. A. Sect ion 232. OQ~B. The Applicant appear^ed in person and Presbyter^ian Ma Ranch Assembly appear^ed in person and by its attorney. No written protest was filed on the appearance date, altho~_~gh the said Presbyterian Mo Ranch Assembly appeared by its attorney, and a written protest was later^ filed. The Co~_~rt proceeded to receive documentary and oral evidence consisting of: (a) Applicant's Application; tb) Notice of filing and hearing on such Application; (c) F'ublishier's Affidavit of F'~_-blication; {d) Recorded plat of Cull~_~m Lake Estates; (e) Testimony of Dar^rell G. Lochte; {f) Testimony of Lynn b. LeMeille~_ir^; and {g) Testimony of David L. Jackson, attorney for Presbyter^i an Mo Ranch Assembly; (h) Leonar^d Odom; i none of which is disp~_~ted, and based they^e on finds and declares as follows: 1. C~_-llum Lake Estates is a Kerr County s~_tbdivision of `~. 1~ acres o~_it of S~_-rvey No. 1354, A. W. Merritt, Abst. 932 and 65.57 acres nut of S~_~r^vey No. 1655, H. E. & W. T. Ry. Co. , Abst. 914, the entire 85.67 acres having been s~_~bdivided into `9 lots consec~_~tively n~_imber^ed from 1 to ~9 incl~_~sive, three streets or roadways; namely, Broken Oak Road, Bl~.iff Hill Raad, and Bluff Spring Road, and a "common area". The official plat of the subdivision is recorded in Valt-me 5, F'ages 363 and 38~.i, Kerr County plat Records. The part of the s~_ibdivision so~_~ght to be canceled is described as: A. All of Lot 9 (as amended) and all of Lot Nos. 10 thro~.~gh :~9, incl~_~sive (original plat, except the west end of Lot E4 hereafter described in this order); B. All that part of Bluff Hill Road lying to the east of the southwest coroner of Lot No. 9; C. All of Braken Oak Raad between the north line of State F.M 1340 and the south line of Bluff Hill Road; D. All of Bluff Spring Road; E. All of that tract adjoining B1~_~ff Spring Road designated " "Common Area. " The western par^t of Lot ~4 of said subdivision, which is not incl~_ided in the cancellation, is described as follows: BEGINNING at a concrete right-of-way marker found in the north line of F.M. Highway No. 1340 and south line of said Lot No. ~4, from which a i/2" it-on stake found marking the SW corner of Lot No. ~4 and SE corner of Lot No. 1, C~_~11~_!m Lake Estates bears S. 86 55' W. 177. `2 feet; THENCE, S. 86 55' W. with highway right--of-way 177. `E feet to the cor^ner^ of 5ald Lots NaS. 1 and `4; THENCE, N. 10 15' W. with the common line between said Lots Nos. 1 and 24, 101.78 feet to an iron pin in the cir^c~_~mfer^ence line of the west c~_cl-de-sac of Bluff Hill Raad; THENCE, northerly with the east arc of said cul-de-sac 115.39 feet to an iron pin in said arc; THENCE, N. 13 56° E. X5.08 feet to a point set for^ the northwest corner of said Lot `4; THENCE S. 4~ 47' E. 191 feet and N. 86 55' E. 40 feet to a 1/2" iron pin far corner; THENCE, S. 3 05! E. 50 feet t o the PLACE OF BEGINNING. ~. Applicants, GEOFFREY M. GANNAWAY and wife, CAROL J GANNAWAY, CHLOE CULLUM WEEKS KEARNEY, a widow, and the FRANK P. CULLUM, SR. , TRUST, owned 100X of the of the part ion of the s~_ibdivision so~_tght to be canceled at the time said Application was filed. 3. The s~_ibdivision is not located in the .jurisdiction or extra-terriitarial .j~_-risdiction of any m~_tnicipality. 4. There are three dedicated r^aadway easements within the satbdivisian; namely, P1+_iff Hill Road, Broken Oak Road, and Bluff Spr^ing Raad. 5. Notice of the filing of the instant Applicatian and hear^ing then'eon has been given as r^equir^ed by law, the same having been published in the Mountain Sun, an English language weekly newspaper of gener^al circulation in Kerr Co+_-nty, on the 20th and 27th days of March, 1996 and the 3rd day of April, 1996. 3 And it being demonstrated to the Co+_trt that a road connecting the c+_~1 de sac at the western end of B1+_-ff Hill Road and the north line of F. M. Highway 1340 can be constr+_-cted for the s+_-m of X0,381.00, and that the Texas Depart-nent of Highways and Transportation will issue its permit far entry and exit at a point in the north r^ight-of-way of F. M. Highway 1340 aba+_it 177 feet east from the SW corner' of said Lat No. 24 of Cui 1+_-m Lake Estates, the Court voted 4-1-0 (Commissioner Lackey Abstaining) to approve the application conditioned only that the sum of ~~,381.00 be made available by applicants to Mo Ranch for' road construction, or^ that applicants construct a connecting road similar to existing roads; and Applicants having elected to construct the said connecting road, and having done so in a manner and with materials at least similar to that in other' subdivision roads; the Court finds that the Applicatian and the evidence complies with the requir^ement s of Texas Local Government Cade, U. T. C. A. Section 232.008, and is f+_~lly s+_tppor^ted by the evidence, it is the ORDER of this Court that the fallowing part of said subdivision and any dedications they'eon, be, and the same is hereby GANCEL_ED; A. All of Lvt 9 (as amended) and all of Lot Nos. 10 through 29, incl+_~sive (original plat, except the West end of Lot No. 24 her^etofore described in this order); B. All that part of Bluff Hi 11 Road lying to the east of the southwest corner' of Lot Na. 9; C. All of Br^oken Oak Road between the nor^th 1 ine of State F. M Highway 1340 and the south line of B1+_-ff Hill Road; D. All of P1+_+ff Spring Road; E. All of that tract adjoining B1+_-ff Spring Road designated "Common Ar^ea. " 4 and it is fur^ther^ the ORDER of this Co+_-r^t that the Applicants, GEOFFREY M. GANNAWAY and wife, CAROL J. GANNAWAY, CHLOE CULLUM WEEKS KEARNEY, a widow, and the FRANK P. CULLUM, SR. , TRUST, be and they are hereby a+_-thari~ed to exec+_~te and file in the Real Proper^ty Recor^ds of FCer^r^ Cn~_inty, Texas a Declar^ation of the partial cancellation herein ordered. SIGNED this :5 day of Nowember^ 1996, at a Special term of this Court. /s/Rober^t A. Denson /t/ROBERT A. DENSOIV, Kerr Caunty Judge is/Ray Lehman /t/Ray Lehman, Co~_-nty Cammis- s i aner^, F'r^eci nct Na. i /s1T. H. Lackey /t/T. H. tB~_~tch> Lackey, Ca~_inty Commissioner, precinct No. :. /s/Glenn Y.. Holekamp /t/Glenn Holel