SADDLE\CC.SAD\032096 ORDER NO. 23218 AUTHORIZATION FOR EMINENT DOMAIN PROCEEDINGS TO ACQUIRE LAND FOR THOMPSON DRIVE/SPUR 98/HIGH WATER BRIDGE PROJECT On this 2 5 ~da of March, 1996, upon motion made by Commis ' oner ~ /Yl~-~/ , seconded b Commissioner the Court (Jl~/i?Ii~ &JS approved by a vote of ~'-_~- ~ , 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 261 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, Vernon's Texas Codes Annotated, it may exercise the right of eminent domain for various public purposes, including but not limited to, "another public purpose authorized by law". 3. The Commissioner's Court of Kerr County, Texas finds that Subsection (2) of Section 81.028, Chapter 81, Local Government Code, Vernon's Texas Codes Annotated, grants to the Commissioner's Court of Kerr 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, prescribes the statutory procedures for eminent domain proceedings. 5. Attached to this Court Order as exhibits are legal descriptions for four (4) tracts of land described as follows: a. A 0.86 acre tract described in Exhibit A, said Exhibit A hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim. b. A 3.12 acre tract described in Exhibit B, said Exhibit B hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim. c. A 1.41 acre tract described in Exhibit C, said Exhibit C hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim. SADDLE\CC.SAD\032096 d. A 0.65 acre tract described in Exhibit D, said Exhibit D hereby incorporated herein by reference for all intents and purposes as if copied herein verbatim. 6. The Commissioner's Court of Kerr County, Texas finds in accordance with Subsection (2) of Section 81.028, Chapter 81, Local Government Code, Vernon's Texas Codes Annotated, that the Court may lay out and establish a public road or highway on, over, and 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 261.001, Chapter 261, Local Government Code, Vernon'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 described in the exhibits attached hereto upon obtaining fee simple title to the four (4) tracts of land. 9. The Commissioner's Court of Kerr County, Texas finds that the Texas Department of Transportation is in the process of planning a high water bridge across the Guadalupe River, locally known as the "High Water Bridge Project". 10. The Commissioner's Court of Kerr County, Texas finds that the High water Bridge Project will include a state highway across the property described in the exhibits attached hereto. 11. The Commissioner's Court of Kerr 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 Court of Kerr County, Texas finds that at such time as the Texas Department of Transportation notifies Kerr County that funding for the Bigh Water Bridge Project is available and the Texas Department of Transportation wishes to proceed with construction, 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 2 SADDLE\CC.SAD\032096 entity of the State of Texas as a part of the High Water Bridge 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 Kerr 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. 15. The Commissioner's Court of Kerr County, Texas hereby retains the services of Thomas Pollard, Attorney at Law, to represent Kerr County in all eminent domain proceedings undertaken by virtue of this Court Order. 16. The Commissioner's Court of Kerr County, Texas has authorized the submission of purchase offers (Earnest Money Contracts) and negotiation for the tracts of land described on the exhibits attached hereto. 17. The Commissioner's Court Order authorizing the purchase offers 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) tracts of land described in the exhibits attached hereto by exercise of Kerr County's right of eminent domain if Kerr County and the property owners are unable to agree on a purchase price (damages) within 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 after the date of delivery of the purchase 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 accordance with the provisions of the statutes hereinabove referenced 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 property owner. The eminent domain proceedings may be instituted in one or more proceedings. 3 SADDLE~CC.SAD~032096 19. The Kerr County Judge, attorney representing Kerr County, all 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 County Judge may deem necessary and proper to carry out the intent and purpose of this order. This order was adopted on 2~r ; 1996. ~l'~_-- ROB RT A. E N Ker County Judge L€GENU: S IS -set iron stake F I^ -found iron pipe PL -property line FC -fence corner FL -fence line (wire) CL -chain link (??)- deed information ?/? - Vdume/page Kenneth W. & Bobbie Ann Winfield \ (this side) 8.75 acres Ewight R Knapp to Kenneth W. & Bobbie Ann Winfield 3rd. Sept., 1974 175139 (this side) ~ D. 246.2 acre tract Alice Bank of Texas to Donald D. Wilson 13th August, 1993 7071376 - 10.0 acre tract to Artie Richard dames 2201534 Rees 10 acre (this side) DOMINGUES & ASSOC. 609 SIDNEY BAKER ST. KERRVILLE, TEXAS 78028 TEL. 210 896 6900 FAX 210 896 6901 ~ A I Robert R. Woodward c I (this side) dy o ~ I Beginning at old fence corner, a` F, most northerly corner of Don Wilson tract, west cor r of Shirley Ann James, Survey No. 141 Joseph S. Anderson 45°03' N.45°7 7 ss.s Survey No. 142 0 1 J. S. Sydnor ~' Abstract No. 290 3 Q ` C` < M ~ 0 ~' ~ I tract to Shirley Ann James S, ~ 4q ;v ~ Substitute Trustee s Deed 55• W ~ 5th February, 1987 . s4.5 H I 4141178 -~ Shirly James i ~ I (this side) CAI I~ ~ d ~ I 32.7 acre tract to 1 ~ d Q'I Shirley James Hilburn l ~ 8 p III 2471209 I II ~~l Dr. Don Wi] (this side) PACE ~ OF~ /• PSAO~'S QF EXHIBIT'." + a ~._._. James Road A /,~----------- ~ ~ H =° I 'd a ~ ~ ~ 200 400 E,, ~ GRAPHIC SCALE DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDNISION DESIGN SPECIALISTS Re: description of 0.86 acre, Donald D. Wilson, Ken County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, comprising 0.86 acre, more or less, out of original Survey No. 142, J. S. Sydnor, Abstract No. 290, which is out of the most northerly part of that 246.2 acre tract which was conveyed from Alice Bank of Texas, to Donald D. Wilson, by deed dated the 13th day of August, 1993, of record in Volume 707, page 376, of the Real Property Records of Kerr County, Texas, which is part of that tract 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 Ken County, Texas, and subject tract being more particularly described by metes and bounds, as follows, to wit: BEGINNING at an old fence corner post, the most northerly comer of said 246.2 acre tract, the north comer of that tract which was conveyed from Ellen Ora Rees James, et. al. to Arlie Richard James, by deed dated the 9th day of March, 1978, of record in Volume 208, at page 306, of the Deed Records of Kerr County, Texas, the west comer 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 Records of Kerr County, Texas, for the north comer of subject tract, being in the southeast line of. that 8.75 acre tract which was conveyed 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 Kerr County, Texas, being in the northwest line of said Survey No. 142, J. S. Sydnor, a southeast line of Survey No. 141, Joseph S. Anderson, and being located approximately 1561 feet S.45°W., from the north or upper river comer of said Survey No. 142, J. S. Snyder, THENCE with the northeast line of said Donald D. Wilson tract, the southwest line of said Shirley Ann James tract, a direction of S.45°26'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 Arlie Richard James, by deed of record in Volume 220, at page 534, of the Deed Records of Ken County, Texas, for the east corner of subject tract; THENCE with a southeast line of said Donald D. Wilson tract, the northwest line of said 10.0 acre 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 Thompson Drive, the south comer of subject tract; s ~.G+GE Z Cs~r~ ya' °Qa dJ,~~~ "~7 ~~. r"$ _,= Page 2 of 2 -description of 0.86 acre, Donald D. Wilson THENCE with division line of said Donald D. Wilson tract, the southwest right 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 State coordinates of northing = 809184.7463 feet, Basting = 1943872.1836 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 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 tract, the southeast line of said Winfield tract, the northwest line of said Survey No. 142, along fence, a direction of N.45°03'E. for a distance of 113.2 feet to the place of beginning. Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210/ 896 6901 PAGE 3 OF,~ SAGES OF EXHIBIT'" LEGEND: I s Is -set iron stake ~ I DOMINGUES & ASSOC. F IP -found iron pipe I I 609 SIDNEY BAKER ST. PL -property line 52.56 acres Knapp KERRVILLE, TEXAS 78028 FC -fence corner to John & Sue I i TEL 210 896 6900 FL -fence line (wire) Waggoman, Jr. FAX 210 896 6901 CL -chain link Sept. 5, 1974 I I (??)- deed information 175/125 ?/? -Volume/page (this side) ~ . ~ I ~~~ ~; I V / ~ C ~ N ~. w / ~ / / I , I /'~ r ~' ~ ~ ~ fence ' --- --- - ------ __ Betty Fritts y 1s3.s -------•------ --p~oas~------ -------------------- (this side) c fence 38.5 acres 4i u Linda Knapp Snyder o, to Betty Fritts ~ 25th June, 1980 ~ M ~ 236/540 ,~ ti c•i ~ (this side) ,~ _ _ s 19.55 acres _ . - - \ ~2, John R. & Hannelore Banister /1 ~s ~, to Robert R. Woodward ,p F` c v ^ 28th February, 1977 Kenneth W. & ~ ~~ ~ (this side) ~N Bobbie Ann o d ~ o H. W. Atkins Winfield ~ ~ ~~ to Cal. George W. Hansen ~ a O Z 21st March, 1952 8.75 acres W o ~ 92/419 Ewight R. Knapp ~ ° F" (this side) to Kenneth W. & Bobbie ~ Ann Winfield vi Survey No. 141 3rd. Sept., 1974 - 175/39 Joseph S. Anderson (this side) .45°03' . Abstract No. 2 _ - - -fence 122.0 - - - - - - - - - - - - - - - - - - - - I~ 246.2 acre t ct I I I Alice Bank of Texas ' to Donald D. Wilson ~ I 13th August, 1993 ' I 707/ 76 I~ -------------~r~ I Rees 10 acre PRO ~~a~ (this side) ( Survey No. 142 J• S. Sydnor Abstract No. 290 tract to Shirley Ann James Substitute Trustee's Deed 5th February, 1987 414/178 (this side) 0 200 400 ,;I;'i~RAPHIC SCALE ~'- f4~ PRG~S OP EXHIBlT'~" DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDIVISION DESIGN SPECIALISTS Re: description of 3.12 acres, Kenneth & Bobbie Winfield, Kerr County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, comprising 3.12 acres, more or less, out of original Survey No. 141, Joseph S. Anderson, Abstract No. 2, being out of the northeast end of that 8.75 acre tract which was conveyed 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 Kerr County, Texas, and subject tract being more particularly described by metes and bounds, as follows, to wit: BEGINNING at the north corner of said 8.75 acre Winfield tract, the west corner of that 30 acre tract which was conveyed from H. W. Atkins, to Col. George W. Hanson, by deed dated the 21st day of March, 1952, of record in Volume 92, page 419, of the Deed Records of Kerr County, Texas, the west corner of that 19.55 acre tract which was conveyed from John R. Banister, to Robert R. Woodward, by deed dated the 28th day of February, 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, of record in Volume 140, page 197, of the Deed Records of Kerr County, Texas, the most northerly east corner of that 38.5 acre tract which was conveyed from Linda Knapp, to Betty Fritts, by deed dated the 25th day of June, 1980, of record in Volume 236, page 540, of the Deed Records of Kerr County, Texas, being in Knapp Road, and located a distance of 12.0 feet a direction of N.45°OS'W. from a 1/2" iron stake at a chain link fence corner post found marking the south corner of a 12 foot widening of Knapp Road, out of the northwest side of said Robert R. Woodward tract; THENCE with a northwest line of said 8.75 acre Winfield tract, a southeast line of said 38.5 acre Fritts tract, a direction of 5.44°40'W. for a distance of 163.5 feet (deed S.45°18'W. 163.1) to a fence corner post; THENCE with a southeast line of said 8.75 acre Winfield tract, a the northeast line of said 38.5 acre Fritts tract, a direction of 5.33°49'E. for a distance of 310.5 feet (deed 5.33°54'E. 310.4) to a fence corner post, a re-entrant corner of said 8.75 acre Wield tract, an east corner of said 38.5 acre Fritts tract; a Rl' ~ 1(\/ `~ Page 2 of 2 -description of 3.12 acres, Winfield THENCE with division line of said 8.75 acre Winfield, tract, the southwest right of way line of proposed extension of Thompson Drive, a direction of S.82°36'E. for a distance of 165.3 feet to an angle, having State coordinates of northing = 809534.3703 feet, Basting = 1943519.1385 feet, continuing a direction of S.45° 17'E. for a distance of 441.0 feet to the south corner of subject tract, in the southeast line of said 8.75 acre Wield tract, the northwest line of that 246.2 acre tract which was conveyed from Alice Bank of Texas, to Donald D. Wilson, by deed dated the 13th day of August, 1993, of record in Volume 707, page 376, of the Real Property Records of Kerr County, Texas, being in a southeast line of said Survey No. 141, Joseph S. Anderson, the northwest line of Survey No. 142, J. S. Sydnor; THENCE with the southeast line of said 8.75 acre Winfield tract, the northwest line of said 246.2 acre tract, and the northwest line of that tract 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 Records of Kerr County, Texas, a direction of N.45°03'E. for a distance of 122.0 feet to the east corner of said 8.75 acre Winfield tract, the south corner of said 30 acre Hanson tract, located approximately 570 vrs. S.45°W., from the north or upper river corner of said Survey No. 142, J. S. Sydnor, according to the deed of said 30 acre; THENCE with the northeast line of said 8.75 acre Winfield tract, the southwest line of said 30 acre Hanson tract, a direction of N.45°OS'W., at 21.7 feet pass a 1/2" iron stake at a fence corner post, found marking the south corner of said 19.55 acre Woodward tract, continuing a total distance of 877.7 feet (deed N.45°00'W. 881.8) to the place of beginning. Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210/ 896 6901 ~~~ ~~cr~ ,.:~1~ QF EXHIBIT'," ,' i .,! ; `~.._.-~ LEGEND: n S IS~- set iron stake F IP - }ound iron pipe PL -property line FC -fence corner FL -fence line (wire) CL -chain link (??)- deed information ?/? - Volumeipege Kenneth W. & Bobbie Ann Winfield (this side) 8.75 acres Ewight R. Knapp to Kenneth W. & Bobbie Ann Winfield 3rd. Sept., 1974 175/39 r (this side) 1 0 01 oA c a ~+ k O e H ~a ~~ o°~ a` (~ '~c / I ~ 246.2 acre tract ~ ~ Alice Bank of Texas !++ to Donald D. Wilson ~ ' N 13th August, 1993 ~ l 707/376 ~ vi ~ ~~__~__ (this side) 10.28 acre tract to Daniel Dryden Rees and wife Loretta Rees 314/745 DOMINGUES & ASSOC. 609 SIDNEY BAKER ST. I{ERRVILLE, TEXAS 78028 TEL. 210 S96 6900 FAX 210 896 6901 Robert R. Woodward (this side) i ~0 ~~. y° Survey No. 141 ~ 5a Joseph S. Anderson ?s~, Survey No. 142 "'8~'~~y J. S. Sydnor Abstract No. 290 tract to Shirley Ann James Substitute Trustee's Deed 5th February, 1987 414/178 N.44°55'E 13.17 ~~ Rees I 10.28 acre (this aide) beginning corner south corner of James trail, I most northerly east corner of 10.28 acre tract, I located 0.7feet S58°00'W from a coot ROW - ---1 marker, State coordinates N= 808834.3162 feet, and E =1944593.9269 feet. °------------J-- Dr. Don Wilson ~li-p\ i~A.GES OF EXHIBI'1" C " 's'e- (~'~"/J ~ Shirly James m ~ (this side) is I~ IZ 32.7 acre tract to Shirley James Hilburn 247/209 ,r e9° l~s,r0`Y ~3 - ---_ _183.Z_•----- - - - - - - - - - - ----- ------ ~ James Road ~ ~ ~ 5.98 acre tract Q ~ ~ Ellen Ora Rees James ~ ;~ ~ ~ to UGRA `" y d ~ ~ 212/558 o ~ o zoo 400 ~ ~ ~ ~ GRAPHIC SCALE ~- DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDIVISION DESIGN SPECIALISTS Re: description of 1.41 acres, Shirley Ann James, Kerr County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr; State of Texas; comprising 1.41 acres, more or less; out of original Survey No. 142, J. S. Sydnor, Abstract No. 290, being out of the southwest end 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 Records of Kerr County, Texas, which is part of that 32.7 acre tract which was conveyed to Shirley James Hilburn, 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 described by metes and bounds, as follows, to wit: BEGINNING at the south corner of said Shirley Ann James tract, being the east corner of that 0.28 acre save and except tract described in said conveyance to Shirley Ann James, of record in Volume 414, page 178, being the most northerly east corner of that 10.28 acre tract which was conveyed from Blue Hills Joint Venture, to Daniel Dryden Rees, and wife, Loretta Rees, by deed dated the 12th day of March, 1985, of record in Volume 314, page 745, of the Real Property Records of Kerr County, Texas, said corner located a distance of 31.6 feet, a direction of N.44°55'E. from the south corner of said 0.28 acre tract, a re- entrant corner of said 10.28 acre tract, the most southerly west corner of that 5.98 acre tract which was conveyed from Ellen Ora Rees James, et. al., to Upper Guadalupe River Authority, by deed dated the 14th day of August, 1978, of record in Volume 212, at page 558, of the Deed Records of Kerr County, Texas, being at the end of Thompson Drive, which is located a distance of 0.70 feet, a direction of S.58°00'W. from a concrete right of way marker, having State coordinates of northerly = 808634.3162 feet, and easterly = 1944593.9269 feet, and is also located a distance of 20.0 feet, a direction of N.45°28'W. from a 1/2" iron stake at a fence corner found marking the most southerly east corner of said 10.28 acre tract, the south corner of said 5.98 acre tract, the West corner of that tract which was conveyed from Dell Bryan, to James H. Johnson, by deed dated the 20th day of December, 1965, of record in Volume 122, at page 602, of the Deed Records of Kerr County, Texas, being a north corner of that 24b.2 acre tract which was conveyed from Alice Bank of Texas, to Donald D. Wilson, by deed dated the 13th day of August, 1993, of record in Volume 707, page 376, of the Real Property Records of Kerr County, Texas; THENCE with the southeast line of said Shirley Ann James tract, the northwest line of said 5.98 acre tract ~ t~~tne of subject tract, a direction of N.44°55'E. for a distance of183.7 f o~tTie east corner of sybj~u~:tFact; 1~'~CaES DP EXHIBIT"„" /4 ~---m.~r- Page 2 of 2 -description of 1.41 acres, Shirley Ann James THENCE with division line of said Shirley Ann James tract, the northeast right of way line of proposed extension of Thompson Drive, a direction of S.89°50'W. for a distance of 135.3 feet to an angle, having State coordinates of northing = 808785.9985 feet, easting = 1944609.9995 feet, continuing a direction of N.52°26'W. for a distance of 829.3 feet to an angle, having State coordinates of northing = 809291.7181 feet, easting = 1943952.6887 feet, and continuing a direction of N.61°18'W. for a distance of 38.6 feet, to the northwest line of said Shirley Ann James tract, being the east corner of that 8.75 acre tract which was conveyed 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 Kerr County, Texas, being in the northwest line of said Survey~No. 142, J. S. Sydnor, a southeast line of Survey No. 141, Joseph S. Anderson; THENCE with the northwest line of said Shirley Ann James tract, the southeast line of said 8.75 acre tract, along the northwest line of said Survey No. 142, J. S. Sydnor, a southeast line of said Survey No. 141, Joseph S. Anderson, a direction of S.45°03'W. for a distance of 8.8 feet to an old fence corner post, the west corner of said Shirley Ann James tract, the most northerly corner of said 246.2 acre tract, being the north corner of that tract which was conveyed from Ellen Ora Rees James, et. al. to Arlie Richard James, by deed dated the 9th day of March, 1978, of record in Volume 208, at page 306, of the Deed Records of Kerr County, Texas, for the west corner of subject tract, and being located approximately 1561 feet S.45°W., from the north or upper river corner of said Survey No. 142, J. S. Snyder THENCE with the southwest line of said Shirley Ann James tract, a northeast line of said 246.2 acre tract, a direction of S.45°26'E. for a distance of 404.8 feet, to a 1/2" iron stake marking an east corner of said 246.2 acre tract, the north corner of that 10.0 acre tract which was conveyed to Arlie Richard James by deed dated the 24th day of April, 1979, of record in Volume 220, page 534, of the Deed Records of Kerr County, Texas, the west corner of said 0.28 acre tract, being in the northwest line of said 10.28 acre tract; THENCE with the northwest line of said 0.28 acre tract, the northwest line of said 10.28 acre tract, a direction of N.44°55'E., for a distance of 13.17 feet to the north corner of said 0.28 acre tract, the north corner of said 10.28 acre tract; THENCE with the northeast line of said 0.28 acre tract, the northeast line of said 10.28 acre tract, a direction of S.47°23'E., for a distance of 550.7 fee[ to the place of beginning. /~ Domingues & Assoc. `/'" . 609 Sidney Baker, Kerrville, TX. 78028 -Tel. 210/ 896 6B(XI,,EF xC~A(~896 6901 °~m d ]'AGES C)F EXli1BIT"~" LEGEND:' S IS - Fat iron stake F IP -found iron pipe PL -property line FC -fence corner FL -fence line (wire) CL -chain link \ (??)- deed irMormation ?rr - vauma~paye ~ w a o ~ Kenneth W. & Bobbie I c A Ann Winfield d ~ (this side) \ ( d ~ ~a a` (~ ~~ DOMINGUES & ASSOC. 609 SIDNEY BAKER ST. KERRVILLE, TEXAS 78028 . TEL. 210 896 6900 FAX 210 896 6901 Robert R. Woodward (this aide) I I - - - - - - - - - - - - - - - - o ~ I Survey No. 142 ~~ A I ~ J• S. Sydnor 246.2 acre tract I K OI I Abstract No. 290 Alice Bank of Texas °' to Donald D. Wilson ~ I ~ ~ I 13th August, 1993 ~ o. : -~ tract to 707/376 ~. I a ~„ I Shirley Ann James ~ ~`._\ ~~ , -'~ Substitute Trustee's Deed 5th February, 1987 _ _ - - - - - ~ - - S.an_s5_w. 77.E I ~ 414/178 °' ' Shirly James N I ~ n I (fhlS Slde) I 10.28 acre tract 0.65 Acre ~. I to Daniel Dryden Rees ~ and wife Loretta Rees ~ M I I 314/745 Rees N ~ ~ z (this aide) I W ~~ beginnin corner south corner d 0.28 acre tred " u, most so herly west corner 5.98 acre tred N N ~ N44°55'E located 017feet S58°00 W from a conc ROW 31.60 marker, Mate coordinates N= 808834.3162 feet, andE=f~44593.92~feet. ----,'----------- ----A -•-/------------ ----- -- ------ iv - ames oa I > ,~--------- -- I ~' ~ 5.98 acre tract I ~ ~ ~ Ellen Ora Rees James Dr. Don Wilson I •_ p to UGRA PAGE l <3F .3 (thiaside) \ ~ '~ p, i 212/558 PAGES OF EXHIBtT"~." I ~ I ~ zoo 4ao (J/ y7 /r~ ~ F ~ GRAPHIC SCALE DOMINGUES & ASSOC. PROFESSIONAL LAND SURVEYING SUBDIVISION DESIGN SPECIALISTS Re: description of 0.65 acres, Rees, Kerr County, Texas. All that certain tract or parcel of land, lying and being situated in the County of Kerr; State of Texas; comprising 0.65 acre, more or less; out of original Survey No. 142, J. S. Sydnor, Abstract No. 290, being out of the northeast end of that 10.28 acre tract which was conveyed from Blue Hills Joint Venture, to Daniel Dryden Rees, and wife, Loretta Rees, by deed dated the 12th day of March, 1985, of record in Volume 314, page 745, of the Real Property Records of Kerr County, Texas, and subject tract being more particularly described by metes and bounds, as follows, to wit: r BEGINNING at a re-entrant corner of said 10.28 acre tract, being the south corner of that 0.28 acre save and except tract described in conveyance 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 Records of Kerr County, Texas, the most southerly west corner of that 5.98 acre tract which was conveyed from Ellen Ora Rees James, et. al., to Upper Guadalupe River Authority, by deed dated the 14th day of August, 1978, of record in Volume 212, at page 558, of the Deed Records of Kerr County, Texas, being at the end of Thompson Drive, and being located a distance of 0.70 feet, a direction of S.58°00'W. from the center of a concrete right of way marker, having State coordinates of northerly = 808634.3162 feet, and easterly = 1944593.9269 feet, and also being located a distance of 20.0 feet, a direction of N.45°28'W. from a 1/2" iron stake at a fence corner found marking the east corner of that 10.0 acre tract which was conveyed to Arlie Richard James by deed dated the 24th day of April, 1979, of record in Volume 220, page 534, of the Deed Records of Kerr County, Texas, the south corner of said 5.98 acre tract, the West corner of that tract which was conveyed from Dell Bryan, to James H. Johnson, by deed dated the 20th day of December, 1965, of record in Volume 122, at page 602, of the Deed Records of Kerr County, Texas, and being a north corner of that 246.2 acre tract which was conveyed from Alice Bank of Texas, to Donald D. Wilson, by deed dated the 13th day of August, 1993, of record in Volume 707, page 376, of the Real Property Records of Kerr County, Texas; THENCE with the southeast line of said 0.28 acre tract, a northwest line of said 5.98 acre tract, a southeast line of said 10.28 acre tract, a direction of N.44°55'E., for a distance of 31.6 feet to the east corner of said 0.28 acre tract, an east corner of said 10.28 acre tract; THENCE with the northeast line of said 0.28 acre tract, the northeast line of said 10.28 acre tract, a direction of N.47°23'W., for a distance of 550.7 feet to the north corner of said 0.28 acre tr~ie~n~-~orner of said 10.28 acre tract; :~~i+" 'taG~S OF EXHIBIT"~1 ," ~° Page 2 of 2 -description of 0.65 acres, Rees THENCE with the northwest line of said 0.28 acre tract, the northwest line of said 10.28 acre tract, a direction of S.44°55'W., at a distance of 13.17 feet the west corner of said 0.28 acre tract, continuing a total distance of 77.7 feet, to its intersection with the southwest right of way line of proposed extension of Thompson Drive, the west corner of subject tract; THENCE with division line of said 10.28 acre tract, the southwest right of way line of proposed extension of Thompson Drive, a direction of S.53°24'E. for a distance of 302.9 feet to an angle, having State coordinates of northing = 808793.645 feet, Basting = 1944398.731 feet, continuing a direction of S.50°37'E. for a distance of 251.9 feet to the place of beginning. i Domingues & Assoc. 609 Sidney Baker, Kerrville, TX. 78028 Tel. 210/ 896 6900 -Fax 210! 896 6901 ~~e~0~~ OF EXHI614"~"