ORDER N0. 23218
AUTHORIZATION FOR EMINENT DOMAIN PROCEEDINGS TO
RCG~UIRE LAND FOR THOMF'SON DRIVE/SPUR 98/HIGH WATER BRIDGE PROJECT
On this the 25th day of March 1996, upon motion made by
Commissioner- Lehman, seconded by Commissioner Holekamp, the
Court unanimously approved by a vote of 5-0-0, the following:
1. The Commissioner^s' Court of Kerr County, Texas finds that
it has the power to exercise the right of eminent domain under
the provisions of Chapter- c':61 of the Local Government Code,
Vernon~s Texas Codes Annotated.
2. The Commissioner's Court of Kerr County, Texas finds that
under the provisions of Section 261.001, Chapter 261, Local
Government Code, Ver•non's Texas Codes Annotated, it may
exer-cise the r-fight of eminent domain for vario~_is public
purposes, including but not limited to, "another public
p~xrpose a~athor-ized by law".
3. The Commissioner's Co~.~rt of Kerr County, Texas finds that
.--~ S~_ibsection (2) of Section 81.028, Chapter 81, Local Government
Cade, Vernon's Texas codes Annotated, gr^ants to the
Commissioner's Court of Ker•r- County, Texas the power- to "lay
out and establish, change, discontinue, close, abandon, or
vacate public roads and highways".
4. The Commissioner's Court of Kerr County, Texas finds that
Chapter 21, Texas Property Code, Vernon's Texas Codes
Annotated, prescribed the statutory procedures for eminent
domain proceedings.
5. Rttached to this Court Order- as exhibits ar•e legal
descriptions for four (4) tracts of land described as follows:
a. R. 0.86 acre tract descr^i bed in Exhibit R, said
Exhibit R hereby incorpor^ated herein by reference for
all intents and purposes as if copied herein verbatim.
b. A .i. 1;. acre tract described in Exhibit P, said
Exhibit B hereby incorporated herein by reference for
all intents and purposes as if copied herein ver-batim.
c. A 1. 4i acre tract described in Exhibit C, said
Exhibit C hereby incor•por-ated herein by reference for•
all intents and purposes as if copied herein verbatim.
d. A 0.65 acre tract described in Exhibit D, said
-- Exhibit D hereby incorporated her-ein by reference for
all intents and purposes as if copied herein verbatim.
PAGE 377
6. The Commissioner's Court of Kerr County, Texas finds in
accordance with Subsection (2> of Section 81.028, Chapter ei,
Local Government Code, Vernonrs Texas Codes Annotated, that
the Co~ar•t may lay out and establish a public road or• highway
on, over, <~nd across the four (4> tracts of land described in
the exhibits attached hereto.
7. The Commissioner^'s Court of Kerr^ County, Texas finds that
the laying out and establishing of a public road or^ highway
across the four (4) tracts of land described in the exhibits
attached hereto is a public purpose as required by Section
2E1.001, Chapter 261, Local Government Code, Ver•non's Texas
Codes Annotated.
8. The Commissioner's Court of Kerr County, Texas finds that
it will lay out and establish a public road or• highway on,
over, and across the four (4) tracts of land descr^i bed in the
exhibits attached hereto upon obtaining fee simple title to
the four^ (4) tracts of land.
9. The Commissioner's Cour^t of Kerr County, Texas finds that
the Texas Department of Tr^anspor•tation is in the process of
planning a high water bridge across the Guadalupe River,
locally known as the "High Water• Br^idge project".
10. The Commissioner's Court of Kerr^ County, Texas finds that
the High Water Bridge project will include a state highway
across the pr•oper•ty described in the exhibits attached her•eta.
li. The Commissioner's Court of Ker^r County, Texas finds that
at such time as funding for^ the High Water Bridge project is
made available, the Commissioner's Court of Kerr County, Texas
will be required to obtain the property described in the
exhibits attached hereto for state highway purposes.
12. The Commissioner's Cour^t of Kerr• County, Texas finds that
at scich time as the Texas Depar^tment of Transportation
notifies I'.er•r County that funding for the High Water• Pr•idge
F'ro.ject is available and the Texas Department of
Tr^anspor•tation wishes to proceed with constr^uction, the
Commissioner's Court of Kerr County, Texas will convey the
four• (4) tracts of land described in the exhibits attached
hereto and the public road or• highway thereon to the proper^
entity of the State of Texas as a part of the High Water•
Pridge project.
13. The Commissioner's Court of Kerr County, Texas finds that
exercise of Kerr County's right of eminent domain to obtain
fee simple title to the tracts of land described in the
exhibits attached hereto is convenient and necessary.
14. The Commissioner's Court of Kerr• County, Texas finds that
exercise of Ker^r County's right of eminent domain to obtain
fee simple title to the tracts of land described in the
exhibits attached hereto is for• a public purpose authorized by
law.
GAGE 378
15. The Commissioner's Court of Kerr County, Texas hereby
retains the services of Thomas pollard, Rttor•ney at Law, to
~~ represent Ker-r- County in all eminent domain proceedings
undertaken by virtue of this Court Order.
16. The Commissioner's Court of Ker-r' County, Texas has
authorized the submission of purchase offers (Earnest Money
Contracts) and negotiation for the tracts of land descr-ibed on
the exhibits attached hereto.
17. The Commissioner's Court Or-der- author-izing the purchase
offer^s provides that the property owners are to be notified
that Kerr County intends to proceed immediately with
acquisition of fee simple title to the four (4) tr-acts of land
descr^ibed in the exhibits attached hereto by exercise of Ker•r-
County's r-fight of eminent domain if Kerr County and the
property owners are unable to agree on a pur-chase pr-ice
(damages) witfiin ten (10) days from the date of delivery of
the purchase offer (inclusive of date of delivery).
18. The Commissioner's Court of Kerr County, Texas orders
that eminent domain proceedings are hereby authorized and
ordered for the purpose of acquiring fee simple title to each
of the four- (4) tracts of land described in the exhibits
attached hereto. On or after the 11th day of after^ the date
of delivery of the p~_:r-chase offers (inclusive of date of
delivery) referenced above, the attorney herein retained shall
institute eminent domain proceedings in the name of Kerr
County, Texas (as Plaintiff therein), in accor-dance with the
provisions of the statutes hereinabave refer-enced for each
tract of land described in the exhibits attached hereto for
which a purchase agreement (Earnest Money Contract) has not
been executed by both Kerr County and the proper-ty owner. The
eminent domain proceedings may be instituted in one or mor-e
proceedings.
19. The Kerr County Judge, attorney representing Kerr Co~.~nty,
ali elected Kerr County officials and employees, acting at the
direction of the Kerr County Judge, are fully authorized to
carry out and consummate any and all actions the Kerr Co~.rnty
Judge may deem necessary and proper to carry out the intent
and pur-pose of this order.
This order- was adopted on March ~~, 1996.
/s/ Robert A. Denson
/t/ ROBERT A. DENSON
Kerr- County Judge
DOMINGUES R ASSOC.
PROFESSIONAL LRND SURVEYING
SUBDIVISION DESIGN SPECIRLISTS
i Re: description of 5.86 acre, Donald D. Wilson, Kerr County,
Texas.
All that certain tract or parcel of land, lying and being
situated in the County of Kerr, State of Texas, comprising
PAGE 379
0.86 acre, more or less, out of original Survey No. 142, J. S.
Syndor, Abstract No. 290, which is out of the most northerly
(~ part of that 246.:? acre tract which was conveyed from Alice
`--~' Bank of Texas, to Donald D. Wilson, by deed dated the 13th day
of Rugust, 1993, of record in Volume 707, page 376, of the
Real Property Records of Kerr• County, Texas, which is part of
that tr^act which was conveyed to Arlie Richard James, by
Partition Deed dated the 13th day of March, 1981, of record in
Volume 247, page 209, of the Deed Records of Kerr County,
Texas and subject tract being more particularly descr^i bed by
metes and bounds, as follows, to wit:
PEGINNING at an old fence corner post, the most northerly
corner- of said 246.2 acre tract, the north of that tract which
was conveyed from E11en Or^a Rees James, et. al. to Arlie
Richard James, by deed dated the 9th day of March, 1978, or•
record in Volume 208, at page 306, of Deed Records of Kerr
County, Texas, the west cor^ner of that tract which was
conveyed to Shirley Ann James, by Substitute Trustee's Deed
dated the 5th day of February, 1987, of record in Volume 414,
page 178, of the Real Property Recor^ds of Kerr County, Texas,
for the north corner of subject tract, being in the southeast
line of that 8.75 acre tract which was cnnveyed from Dwight R.
Knapp, to Kenneth W. Winfield and wife, Bobbie Ann Winfield,
by deed dated the 3rd day of September, 1974, of record in
Volume 175, page 39, of the Deed Records of Ker•r• County,
Texas, being in the northwest line of said Sur^vey No. 142, J.
5. Sydnor•, a southeast line of Survey No. 141, Joseph 5.
~ Rnderson, and being located approximately 1561 feet S. 45 W.,
from the north or upper river corner of said 5~_irvey No. 1452,
J. S. Snyder;
THENCE with the northeast line of said Donald D. Wilson tract,
the southwest line of said Shirley Rnn James tract, a
direction of S. 45 25'E. for a distance of 404.8 feet to a
1/2" iron stake found marking the north corner of that 10.0
acre tract which was conveyed to Rrlie Richard James, by deed
of record in Vol~_ime 220, at page 534, of the Deed Records of
Kerr County, Texas, for the east corner of subject tract;
THENCE with a southeast line of said Donald D. Wilson tract,
the nor-thwest line of said 10.0 tract, a direction of 5. 44
55'W. for a distance of 64.5 feet to its intersection with the
southwest right of way line of proposed extension of TF~ompson
Drive, the south cor•ner• of subject tract;
Page 2 of 3
Gages of Exhibit A
F'age 2 of 2 - description of 0.86 acre, Donald D. Wilson
THENCE with the division line of said Donald D. Wilson tract,
the southwest eight of way line of proposed extension of
Thompson Drive, a direction of N. 53 24' W. for• a distance of
~._ 353.0 feet to an angle, having 5t ate coordinates of northing =
809184.7463 feet, casting= 194387.1836 feet, continuing a
direction of N. 45 17'W. for a distance of 55.8 feet to its
intersection with the northwest line of said Donald D. Wilson
F'RGE 380
(r~
\,~ a,>
tract, the southeast line of said Winfield tract, the
northwest line of said Survey No. 142, for• the west corner of
subject tract;
THENCE with the northwest line of said Donald D, Wilson tr^act,
the southeast line of said Winfield tract, the northwest line
of said Survey No. 142, along fence, a direction of N. 45
@3'E. for a distance of 113.2 feet to the place of beginnings.
Domingues K Assoc.
6@9 Sidney Baker, Kerrville, Tx 78@28
Tel 21@/896-~69@@ - Fax 21@/896-69@1
F-'age 3 of 3
Pages of Exhibit A
DDMINGUES & RSSOCIATES
G'ROFESSTDNAL LAND SURVEYING
SUBDIVISION DESIGN SF'ECIRLISTS

Re: description of 3. i2 acres, Kenneth ~ Bobbie Winfield, Kerr•
County, Texas.
Ail that certain tract or parcel of land, lying and being
situated in the Co~_rnty of Kerr^, State of Texas, comprising
3.12 acres, mor-e or less, out of original Survey No. 141,
Joseph S. Anderson, Rbstract No. 2, being out of the
northeast end of that 8.75 acre tr^act which was conveyed from
Dwight R. Knapp, to Kenneth W. Winfield and wife, Robbie Ann
Winfield, by deed dated the 3rd day of September, 1974, of
record in Volume 175, page 39, of the Deed Records of Ker•r•
County, Texas, and subject tr^act being more particularly
described by metes and bo~.~nds, as follows, to wit:
BEGINNING at the nor^th cor•ner^ of said 8.75 acre Winfield
tract, the west corner of that 3@ acre tract which was
conveyed from H. W. Atkins, to Col. Geor^ge W. Hanson, by deed
dated the 21st day of March, 1952, of record in Volume 92^,
page 419, of the Deed Records of Kerr Co~_inty, Texas, the west
corner of that 19.55 acr-e tract which was conveyed from John
R. Panister, to Robert R. Woodward, by deed dated the 28th day
of Febr•uar^y, 1977, of record in Volume 194, page 791, of the
Deed Records of Kerr, County, Texas, the south corner of that
12,5 acre tract which was conveyed from Dwight R. Knapp, to
William Dougherty, by deed dated the 3rd day of September,
1969, or^ recor^d in Volume 14@, page 197, of the Deed Records
of Kerr County, Texas, the most northerly east cor^ner of that
38.5 acre tract which was conveyed from Linda Knapp, to Petty
Fritts, by deed dated the 25th day of June, 198@, of record in
Volume 236, page 54@, of the Deed Records of Ker•r• County,
Texas, being in Knapp Road, and located a distance of i~.@
feet a direction of N. 45 @5'W. from a 1/2" iron stake at a
chain link fence cor^ner post found marking the south corner of
a 12 foot widening of Knapp Road, oi_it of the northwest side of
said Bober^t R. Woodward tract;
PAGE 381