order No. 25604
APPYO`lal of right of
for Pikes Peak Read
qty Judge to .sign
ootober 13, 1998
way easements
a~ authorize
same
Vol V Page 828
ORDER N0. X56@4
AGPROVAL OF RIGHT OF WRY ERSEMENTS FOR GIY,ES
F'EAN. ROAD AND RUTHORIZE COUNTY JUDGE TO SIGN SAME
On this day the 13th day of October-, 1'3'38 upon motion made by
Commissioner- Oehler^, seconded 6y Commissioner Let z, the Co~.trt
unanimously approved by a vote of 4-@-@, the Right of Way
Easements for^ Gikes F'eak Road and author-ize the County Judge
to sign same.
COMMISSIONERS COURT AGENDA REQUEST
~ `PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Franklin Johnson. P.E.
MEETING DATE: October 13.1998
OFFICE: Ken- Counri Road & Bridoe
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): Consider allowing Counri Judge to sign right of wav
easemerrts for Pikes Peak Road.
EXECUTIVE SESSION REQUESTED:
YES
NO
PLEASE STATE REASON:
~' ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston. P.E.
Time for submitting this request for Court to assure that the matter is posted in accordance with TiBe 5, Chapters
551 & 552 of the Government Code is as follows:
Meetings held on 2nd & 4"' Monday: 5:00 P.M. previous Tuesday
Meetings held on Thursday: 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
Ail Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court meetings.
~ Your cooperation will be appreciated and contribute towards your request being addressed at the earliest
opportunity. See Agenda Request Guidelines.
THOMAS W. POLLARD
ATTORNEY AT LAW
STATE BAR NO. 16100000
951 MAIN STREET
KERRVILLE, TEXAS 78028-3598
f830) 896-7500
FAX (6301257-7079
Tune 25, 1998
Mr. Franklin Johnston, P.E.
County Engineer
Kerr County Road and Bridge
4010 San Antonio Highway
Kemille, TX 78028
l ~ 6~
Re: Exchange Deeds
Kerr County/Avers
Pikes Peak Road
Dear Mr. Johnston:
~;i ~
-ti ~~5g
~~
Enclosed please find original and one copy of two Deeds, one from Kerr County to Ayers and
one Right-of--Way Deed from Ayers to Ken County, on the Pikes Peak Road property. Also,
enclosed is a partial release whereby NationsBank, N.A. partially releases the tract Ayers is
deeding to the County, which must be submitted to NationsBank for execution. If the bank
doesn't release the tract, you cannot complete the transaction because Ayers' deed to the County
would accelerate Ayers' note (due-on-sale clause). Also, enclosed is a Substitute Partial
Collateral Deed of Trust which will substitute the portion of the real property held as collateral
on the Ayers' Deed of Trust for the property the County is exchanging with Ayers. The bank
probably would not release the property Ayers is exchanging for the County property without
adding that properly fd the existing Deed of Trust, since it is frontage on the Ayers' property.
If the bank agrees to accept the substitute collateral and execute the partial release, all
documents, i.e., the deeds, partial release, and the Substitute Partiat Collateral Deed of Trust
must all carry the same dates when executed.
If you fmd same satisfactory, I assume you will obtain the Ayers' and Judge Denson's signatures
before a Notary Public and file the originals with the County Clerk.
If you have any questions or desire any information, or if you want us to file the deeds, please
advise.
Thank you.
Sincerely,
omas W. Poll ~
TWPIt
Enclosures
cc: The Honorable Robert A. Denson (w/copy enclosures}
Ken County Judge
Ken County Courthouse
Kerrville, TX 78028
~ ~Z~1
THE STATE OF TEXAS §
THE COUNTY OF KERR §
DEED
KNOW ALL MEN BY THESE PRESENTS:
That KERB COUNTY, TEXAS ("Grantor"), of Kerr County, Texas (acting under
ORDER NO. 25604 , a copy of which is attached hereto, and incorporated herein for all
purposes), wherein said ORDER granted Robert A. Denson, County Judge of Ken County,
Texas, the authority to execute this Deed, for and in consideration of and in exchange by
Grantees of the conveyance of the real property described on Exhibit "B", attached hereto and
made a part hereof for all purposes, in exchange for the property described on Exhibit "A",
attached hereto and made a part hereof for all purposes, for the purpose of straightening out
Pikes Peak Road, a public road, in Ken County, Texas which is for the benefit of The Public,
said real properties being exchanged being of equal value; does GRANT, BARGAIN, SELL and
CONVEY unto DAVID F. AYERS and wife, LINDA S. AYERS ("Grantees"), whose address
is 1515 Rudel #401, Tomball, TX 77375, ail of the following described property in Kenr
County, Texas, together with all appurtenances thereto (the "Property"), and being more
particulazly described as follows, to-wit:
See Exhibit "A", attached hereto, incorporated herein and made a part hereof for
all purposes.
TO HAVE AND TO HOLD the Property together with all and singular the rights,
privileges, and appurtenances thereto in any manner belonging unto the Grantees, their heirs,
successors and assigns forever; and it does hereby bind itself, its successors, assigns, executors
and administrators to wazrant and forever defend all and singulaz the said premises unto the said
1
Grantees, their heirs, successors and assigns, against every person whomsoever, lawfully claiming
or to claim the same or any part thereof.,
WITNESS my hand this ~~ y of ~~~~tiS.D. 1998.
B`
THE STATE OF TEXAS
THE COUNTY OF KERR §
This instrument was acknowledged before me on the ,~_ day of
~~~_, A.D. 1998, by ROBERT A. DENSON, County Judge of Kerr County,
Texas, m the capacity therein stated.
NOTB~Y P~l1B1lK;
Stag o1 Tws
M~ Comm. Exp. O1-09~9a
Notary Public
State of Texas
AFTER RECORDING RETURN TO:
Mr. and Mrs. David F. Ayers
1515 Rudel #401
Tomball, TX 77375
PREPARED IN THE LAW OFFICE OF:
Thomas W. Pollard
951 Main Street
Kerrville, TX 78028
ATTENTION COUNTY CLERK: PLEASE SEND PLAIN COPY TO THE COUNTY
ATTORNEY' S OFFICE AFTER FII.ING
FILED FOR RECORD
2 at..~..:'~..~.. o'clork....Q:......M
OCT 141998
BILLIE G. MEEKER
erk Cou urt, Kerc County, Texas
.~+~..y~..Deputy
KERB COUNTY, TEXAS
EXHIBIT "A"
FIELD NOTES DESCRIPTION FOR 0.05 ACRE OF LAND OUT OF PIKES
PEAK DRIVE IN TURTLE CREEK RANCHES, KERB COUNTY, TEXAS
Being all of a certain trail or parcel of land containing 0.05 acre, mote or less, out of P. B. James Survey No. 1887, Abstract No.
1091 in Kerr County, Texas; part of a certain fifty (50) ft. wide strip of land designated as Pikes Peak Drive, a public road
conveyed as ROAD NO. "14" from Turtle Creek Ranches, Inc. to the County of Kert by a Warranty Deed executed the 6th day of
September, 1972 and recorded in Volume 158 at Page 358 of the Deed Records of Kert County, Texas; and being more
particulazly described by metes and bounds as follows:
BEGINNING at a %" iron stake set in a fence, the west line of a certain 22.67 acre tract conveyed from Andrew E. Hermes, Sr. et
ux to David F. Ayers, et ux by a Warranty Deed with Vendor's Lien executed the 19th day of December, 1994 and recorded in
Volume 779 at Page 66 of the Real Property Records of Ken County, Texas; for the west corner of the herein described tract;
which point bears 27.15 ft. N.Ol°22'E. from the southwest corner of 22.67 acre tract and 894.4 ft. East and 240.1 ft. North from
the west terminus of ROAD NO. "14";
THENCE, along the said north right-of--way line of Pikes Peak Drive (ROAD NO. "14"): N.68°2G'E., 149.57 ft. to a %:" iron
stake se[ at a road angle; and 5.61°14'E., 190.19 ft. to a '/:" iron stake set at a road angle for the east corner of the herein
described tract;
THENCE, upon, over and across said Pikes Peak Drive (ROAD NO. "14"): N.65°27'W., 184.31 ft. to a se[ %," iron stake; and
5.73°51'W., 143.83 ft. to the PLACE OF BEGINNING.
I hereby certify that these field notes and accompanying plat
aze accurate descriptions of the property contained therein as
determined by a survey made on the ground under my
direction and supervision, except no survey was made to
reestablish Patent Survey lines or corners; and that all
property corners aze as stated (Bearing basis =True north
based on GPS observations).
Dated this 25th day of March, 1998
."~
~, ~
Lee C. Vcelkel
Registered Professional Land Surveyor No. 3909
County Surveyor for Kerr County
Page 1 of 2 Pages
~(' ~kjr,(~~ (y $~'~//` [~y}~~, PLLC • PHONE 830-267-3313 • 212 CLAY STREET, KERRVILLE, TEXAS 76028
EXHIBIT "A"
SURVEY PLAT FOR SEVERAL TRACTS ALONG PIKES PEAK DRIVE IN
TURTLE CREEK RANCHES, KERR COUNTY, TEXAS
~•
~~
0.05 ACRE
a~y'I ~
2~
,51,vd 14383
\9~~
~,Co9•~1~ \~~al,
S•~y°~
0.05 ACRE
S6~ e
'~~
~6S "`-
~~
9.
ffi
22.67 ACRES
Hermes, Sr. fo Ayen
Vol. 779 Pg 66
12119N4
ti3 S3~
3,
•~ ~O ~~~
~~s8 ~~~~
~jQ ~~P
~~ ~~
90~
0.13 ACRE
yld
~~
c f't~

SCALE: 1" = 100'
LEGEND ,
G sN X" iron stake
set railroad spike
~ steel lase canerpoA
~~,ps9
•a~~'
1 herby wtiry that this plat and accompanying field •atm
deeaiplion aro secants represatlatioru o[ the property
dawn and decaibed hereon u determined by a survey
made oo the growl under my d'vection end supervision.
except no survey wu made l0 reWablish Patent Survey
lino or comas; end tlua alI property comers arc u shown
(Bearing basis - True norW based on GPS observations).
Dated this 251h day oCMarcL, 1998
jjjj 1 .
~t ~~
i.ee C. v«Ikel
Registered Professional IJrd Surveyor No. 3909
County Surveyor for Ken County, Texu
Page 2 of
3 ACRES
Drown to McGu(f
Vol. 391 Pg 27
OBY27786
3909
5 {
0.13 ACRE
~ `
@p
\~v~
~~o~
,f ~/
r~
Off'
4
~, .
\~t'.
~a (b 3~i° ~ ((~ f7~js • PHONE 830-257-3313 • 212 CLAY STREET, KERRVILLE. TE%AS 76028
EXHIBIT "B"
FIELD NOTES DESCRIPTION FOR 0.13 ACRE OF LAND OUT OF
THE DAVID F. AVERS LAND ALONG PIKES PEAK DRIVE IN
TURTLE CREEK RANCHES, KERR COUNTY, TEXAS
Being all of a certain tract or parcel of land containing 0.13 acre, more or less, out of P. B. James Survey No. 1887, Abstract No.
1091 in Kerr County, Texas; part of a certain 22.67 acre tract conveyed from Andrew E. Hermes, Sr., et ux to David F. Ayers, et
ux by a Warranty Deed with Vendor's Lien executed the 19th day of December, 1994 and recorded in Volume 779 at Page 66 of
the Real Property Records of Kerr County, Texas; and being more particularly described by metes and boands as follows:
BEGINNING at a steel fence cornerpost in the southeast line of said 22.67 acre tract and northeast rightof--way line of Pikes
Peak Drive, a fifty (50) ft. wide public road conveyed as ROAD NO. "14" from Turtle Creek Ranches, Inc. to the County of Kerr
by a Warranty Deed executed the 6th day of September, 1472 and recorded in Volume 158 at Page 358 of the Deed Records of
Kerr County, Texas for the south comer of the herein described tract which point bears, 27.10 ft. N.39°29'E. from the east
terminus of said ROAD NO. "14" and 701.4 II. East and 1249.2 R South from the north corner of 22.67 acre tray and Survey
No. 1887;
THENCE, with the said northeast right-0f--way line of Pikes Peak Drive upon, over and across said 22.67 acre tract: N.27°49'W.,
270.14 R to a %," iron stake set at a road angle; and N.33°45'W., 508.72 ft, to a '/," iron stake set at a road angle for the north
rnrner of the herein described tract ;
THENCE, continuing upon, over and across said 22.67 acre tract: 5.35°26'E., 509.71 ft. to a set h" iron stake; and 5.24°39'E.,
271.32 II. to the PLACE OF BEGINMNG.
I hereby certify that these field notes and accompanying plat
are accurate descriptions of the property conlaincd Urerein as
determined by a survey made on the ground under my
direction and supervision, except no survey was made to
reestablish Patent Stuvey lines or corners; artd tlult all
property corners are as stated (Bearing basis =True north
based on GPS observations).
Dated this 25th day of March, 1998
~~
~_ l
Lee C. Vcelkel
Registered Professional Land Surveyor No. 3909
County Sttrveyor for Kerr County
Page 1 0° 2 Pages
~y'!~ ~~~t~~j (('q ~j(I,tl '~7[$f/~. PLLC • PHONE a30-257-3313 • 212 CLAY STREET. KEflRVILLE. TEXAS 78028
EXHIBIT "B"
SURVEY PLAT FOR SEVERAL TRACTS ALONG PIKES PEAK DRIVE IN
TURTLE CREEK RANCHES, KERR COUNTY, TEXAS
~~
a
0.05 ACRE
~~°
~ ~~ ~
~° ~~
,3°5~ ~0~' ~°~.
~ \~~~~
0.05 ACRE
s6/ ~~~
~6
~6/e, ~~
`~.
4
P<
21.67 ACRES
Ilcmxa, Sr. to Ayen
Yo1.779 Pg. (6
12/19/94
~ ~o `~~,~, 1L
~~ ~~\
~~~ ~ r
9>'s~ ~ d
~~,,~g'
~~
9p
0.13 ACRE
~.~
~p~
~~
l~
SCALE: 1" = 100'
LEGEND
o ,et u^ iron Bake
® set railroad spike
~ alal fma canRpost

! baabY certify Ovf this Plat and aocompanyutg Geld trots
deaaiplion are aavrau npresentaUom of the property
shown and described heroan as delpmined by + ~"eY
made oo the grounl urda my dirodion and apervisia4
exapl no wive! was nude to reestablish Paknt Survey
lures ar carnerr and ilut all propety wrnaa aro u dawn
(gearin8 ti»sis ~ Tme north based on 6PS obaervaliore}
~~. OF
Dated this 25thay of Mardi. 1998 ~4• ~G`~
~ (//-+ j P
~~ V ~ ..~...C ;VC
3 ACRES
Brown W Mctluff
Vol. 391 Pg 27
08R7I86
0.13 ACRE
t~
~~ %
SSA oJi•, ~~-
~~~

~.~o~
.t ~y
r~
Off'
4-
less C. Voelket t 9 3909 rr ~ Q' ~
Reg'uM1ercd Profeatiorul lard Surveyor No. 7909 ~~ opE S 9 tD •j-L~ ;
County Surveyor for Kar Couriy.7eaaa O ~ $ (J 4; .~
Pa e 2 f 2 Pages'
~G~Q~ ~ p(~ • PHONE B30--257-3313 • 212 CLAY STREET. KERfi VINE. TE%AS 78028

~a-~1~
4TTRS'ITiTTTF PARTLAT COLLATERAT
PEED OF TRUST
DATE: Ju].y 7, Lai
GRANTOR: DAVID F. AYERS and wife, LINDA S. AYERS
GRANTOR'S MAILING ADDRESS (including county):151 e1~h91~Tomball, Hams(,',
County, Texas 77375 3/aZ p.Z Co ~a~+ba C'ouA~?~~I
TRUSTEE:
TRUSTEE'S
county):
BENEFICIARY: NATIONSBANK, N.A.
BENEFICIARY'S
county):
NOTE(S)
DATE: December 19, 1994
AMOUNT: FORTY THREE THOUSAND FIVE HUNDRED NINETY NINE AND
40/100 ($43,599.40) DOLLARS
MAKER: DAVID F. AYERS and wife, L1NDA S. AYERS
PAYEE: NATIONSBANK, N.A.
FINAL MATURITY DATE: See original deed of taut
TERMS OF PAYMENT (optional): See original deed of trust
PROPERTY (including any improvements):See Exhibit "B', attached hereto, incorporated
herein and made a part hereof for all purposes.
PRIOR LIEDl(S) (including recording information): None on this property being exchanged for
a partial release on the original deed of trust
OTHER EXCEPTIONS TO CONVEYANCE AND WARRANTY: None
For value received and to secure payment of the Note, Grantor conveys the property to Trustee
intrust. Grantor warrants and agrees to defend the title to the property. If Grantor performs all
the covenants and pays the note according to its terms, this deed of trust shall have no fiuther
effect, and Beneficiary shall release it at Grantor's expense.
MAILING ADDRESS (including
MAILINGS ADDRESS (including
1
GRANTOR'S OBLIGATIONS:
Grantor agrees to:
1. keep the property in good repair and condition;
2. pay all taxes and assessments on the property when due;
3. preserve the lien's priority as it is established is this deed of trust;
4. maintain, in form acceptable to Beneficiary, an insurance policy that:
a. covers all improvements for their full insurable value as
determined when the policy is issued and renewed, unless
Beneficiary approves a smaller amount in writing;
b. contains an 80% coinsurance clause;
c. provides fue and extended coverage, including windstorm
coverage;
d. protects Beneficiary with a standard mortgage clause;
e. provides flood insurance ~t anygtime the property is in a flood
hazard area; and ~ ~-
f. contains such other coverage as Beneficiary may reasonably
require;
5. comply at all times with the requirements of the 80% co- insurance clause;
6. deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary
at least ten days before expiration;
7. keep any buildings occupied as required by the insurance policy; and
8. If this is not a fast lien, pay all prior lien notes that Grantor is personally liable
to pay and abide by all prior lien instruments.
BENEFICIARY'S RIGHTS:
1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding
to all rights and responsibilities of Trustee.
2. If the proceeds of the note are used to pay any debt secured by prior liens,
Beneficiary is subrogated to all of the rights and liens of the holders of any debt
so paid.
3. Beneficiary may apply any proceeds received under the insurance policy either
to reduce the note or to repair or replace damaged or destroyed improvements
covered by the policy.
4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform
those obligations and be reimbursed by Grantor on demand at the place where the
note is payable for any sums so paid, including attorney's fees, plus interest on
those sums from the dates of payment at the rate stated in the note for matured,
2
unpaid amounts. The sum to be reimbursed shall be secured by this deed of trust.
5. If Grantor defaults on the note or fails to perform any of Grantor's obligations or
if default occurs on a prior lien note or other instrument, and the default continues
after Beneficiary gives Grantor notice of the default and the time within which
it must be cured, as may be required by law or by written agreement, then
Beneficiary may:
a. declare the unpaid principal balance and earned interest on the
note immediately due;
b. request Trustee to foreclose this lien, in which case Beneficiary or
Beneficiary's agent shall give notice of the foreclosure sale as
provided by the Texas Property Code as then amended; and
c. purchase the property at any foreclosure sale by offering the
highest bid and then have the bid credited on the note.
TRUSTEES DUTIES: If requested by Beneficiary to foreclose this lien, Trustee shall:
1. either personally or by agent give ritrtice:of the foreclosure sale as required by the
Texas Property Code as then amendecT;° ~~
2. sell and convey all or part of the property to the highest bidder for cash with a
gcneral warranty binding Grantor, subject to prior liens and to other exceptions
to conveyance and warranty; and
3. from the proceeds of the sale, pay, in this order:
a. expenses of foreclosure, including a commission to Trustee of 5%
of the bid;
b. to Beneficiary, the full amount of principal, interest, attorney's
fees, and other chazges due and unpaid;
c. •any amounts required by law to be paid before payment to
Grantor; and
d. to Grantor, any balance.
GENERAL PROVISIONS:
1. If any of the property is sold under this deed of trust, Grantor shall immediately
surrender possession to the purchaser. If Grantor fails to do so, Grantor shall
become a tenant at sufferance of the purchaser, subject to an action for forcible
detainer.
2. Recitals in any Trustee's deed conveying the property will be presumed to be true.
3. Proceeding under this deed of trust, filing suit for foreclosure, or pursuing any
other remedy will not constitute an election of remedies.
4. This lien shall remain superior to liens later created even if the time of payment
of all or part of the note is extended or part of the property is released.
5. If any portion of the note cannot be lawfully secured by this deed of trust,
payments shall be applied first to dischazge that portion.
6. Grantor assigns to Beneficiary all sums payable to or received by Grantor from
condemnation of all or pazt of the property, from private sale in lieu of
condemnation, and from damages caused by public works or construction on or
neaz the property. After deducting any expenses incurred, including attorney's
fees, Beneficiary may release any remaining sums to Grantor or apply such sums
to reduce the note. Beneficiary shall not be liable for failure to collect or to
exercise diligence in collecting any such sums.
7. Grantor assigns to Beneficiary absolutely, not only as collateral, all present and
future rent and other income and receipts from the property. Leases aze not
assigned. Grantor warrants the validity and enforceability of the assignment.
Grantor may as Beneficiazy's licensee collect rent and other income and receipts
as long as Grantor is not in default under the note or this deed of trust. Grantor
will apply all rent and other income and receipts to payment of the note and
performance of this deed of trust, but if the rent and other income and receipts
exceed the amount due under the note and deed of trust, Grantor may retain the
excess. If Grantor defaults in pavrrZent_of the note or performance of this deed of
trust, Beneficiary may terminate Graiilot's~ license to collect and then as Grantor's
agent may rent the property if it is vacant and collect all rent and other income
and receipts. Beneficiary neither has nor assumes any obligations as lessor or
landlord with respect to any occupant of the property. Beneficiary may exercise
Beneficiary's rights and remedies under this paragraph without taking possession
of the property. Beneficiary shall apply all rent and other income and receipts
collected under this paragraph first to expenses incurred in exercising
Beneficiary's rights and remedies and then to Grantor's obligations under the note
and this deed of trust in the order determined by Beneficiary. Beneficiary is not
required to act under this paragraph, and acting under this pazagraph does not
waive any of Beneficiazy's other rights or remedies. If Grantor becomes a
voluntary or involuntary bankrupt, Beneficiazy's filing of a proof of claim in
bankruptcy will be tantamount to the appointment of a receiver under Texas law.
8. Interest on the debt secured by this deed of trust shall not exceed the maximum
amount of nonusurious interest that may be contracted for, taken, reserved,
chazged, or received under law; any interest in excess of that maximum amount
shall be credited on the principal of the debt or, if that has been paid, refunded.
On any acceleration or required or permitted prepayment, any such excess shall
be canceled automatically as of the acceleration or prepayment or, if already
paid, credited on the principal of the debt or, if the principal of the debt has been
paid, refunded. This provision ovemdes other provisions in this and all other
instruments concerning the debt.
9. When the context requires, singular nouns and pronouns include the plural.
10. The term "note" includes all sums secured by this deed of trust.
11. This deed of trust shall bind, inure to the benefit of, and be exercised by
4
successors in interest of all parties.
12. If Grantor and Maker aze not the same person, the term "Grantor" shall include
Maker.
13. Grantor represents that this deed of trust and the note are given for the following
purposes:
This deed of trust is given as partial security for that certain Deed of Trust dated
December 19, 1994, executed by Grantors herein to Michael F. Hord, Trustee, recorded in
Volume 781, Page 716, et seq, Real Property Records of Kerr County, Texas, for the reason that
a portion of the real property described in said Deed of Trust is being exchanged for the
property herein described for the purpose of straightening out Pikers Peak Road. ~.,
VID F.
STATE OF TEXAS
COUNTY OF ~h~, §
This instrument was acknowledged before me on the J~G'
1998, by DAVID F. AVERS.
~~~*"~~ NANCY GONZALEZ
NOTARY PUBLIC
' y ~ + STATE OF TEXAS
~~a~ My Comm. Exp.04.12.02
STATE OF TEXAS §
COUNTY OF §
day of ~~~~Cc„
Notary Public
State of Texas
This instnunent was acknowledged before me on the ~ day of
1998, by LINDA S. AVERS.
a4`'~Y' b NANCY GONZALEZ
NOTARY PUBLIC
9. ~ + STATE OF TEXAS
~~' o~ ~ My Comm. Exp.04-12.02

C
NotazyPublic
State of Texas
FILED FOR RECORD
~t..\:~.~.... o'rhrk ......~i~.:....M
OCT 141998
BILLIE G. MEEKER
~ rk Coun Cour , Kerr Coun ,Texas
?~ .Deputy
AFTER RECORDING RETURN TO
NATIONSBANK, K.A.
741 TiV31e'r S±reet
Kerrville, SX 78028
PREPARED IN TFTE LAW OFFICE OF:
Thomav W. Pollard
951 Main Street
Kemille, TX 78028

6
EXHIBIT "g"
FIELD NOTES DESCRIPTION FOR 0.05 ACRE OF LAND OUT OF PIKES
PEAK DRIVE IN TfJRTLE CREEK RANCHES, KERB COUNTY, TEXAS
Being all of a certain tract or pazcel of land containing 0.05 acre, more or less, out of P. B. James Survey No. 1887, Abstract No.
1091 in Ken County, Texas; part of a certain fifty (50) R wide strip of land designated as Pikes Peak Drive, a public road
conveyed as ROAD NO. "14" from Turtle Creek Ranches, Inc. to the County of Ken by a Warranty Deed executed the 6th day of
September, 1472 and rxorded in Volume 158 at Page 358 of the Deed Records of Kerr County, Texas; and being more
particularly described by metes and bounds as follows:
BEGINNING at a %" iron stake set in a fence, the west line of a certain 22.67 acre tract rnnveyed from Andrew E. Hermes, Sr. et
a>< to David F. Ayers, et ux by a Warranty Deed with Vendor's Lien executed the 19th day of December, 1994 and recorded in
Volume 779 at Page 66 of the Real Property Records of Ken County, Texas; for the west corner of the herein described tract;
which point bears 27.15 R. N.Ol°22'E, from the southwest comer of 22.67 acre tract and 894.4 R East and 240.1 R North from
the west ienninus of AOAD NO. "14";
THENCE, along the said north right-of--way line of Pikes Peak Drive (ROAD NO. "14"): N.68°26'E., 149.57 R to a %," iron
stake set at a road angle; and 5.61°14'E., 190.19 R to a'/~" iron stake set at a road angle for the east comer of the herein
described tract;
THENCE, upon, over and across said Pikes Peak Drive (ROAD NO. "14"): N.65°27'W., 184.31 R to a set'h" iron stake; and
S.73°S f' W., 143.83 R to the PLACE OF BEGINNING.
I hereby certify that these field notes and accompanying plat
aze accurate descriptions of the property contained therein as
determined by a survey made on Ule ground under my
direcflon and supervision, except no survey was made to
reestablish Patent Survey lines or corners; and that all
property corners aze as stated (Bearing basis =True north
based on GPS observations).
Dated this 25th day of March, 1998
,-~ ~~~~
Imo:.
L ~
Lee C. Vcelkel
Registered Professional Land Surveyor No. 3909
County Surveyor for Ken County
Page 1 of 2 Pages
~{~ t'P , PILC . PHONE 83n-257-3313 • 212 CLAY STREET. KERRV{IIE. TEXAS 78028

EXHIBIT "B"
SURVEY PLAT FOR SEVERAL TRACTS ALONG PIKES PEAK DRIVE IN
TURTLE CREEK RANCHES, KERB. COUNTY, TEXAS
~a
~~
~~.
~~ ~~
t~
_dV~ ~
0.05 ACRE
12.67 ACRES
llem~a. 5,. b Ayct+
Y.o1.779 Pg. 66
11/19/94
3r:
0.05 ACRE ~,,
~~
ti3 S3S4
~~q •O 3AS~ %%
'9a d~~~O,C~'
L
o~ ~~ ~
9r~J~ ~o, ~~
~Fja 3~R~~i,
~.
SCALE: 1" = 100'
LEGE23ll
® rci railro.d apikn
~ pa1(uwe oomerpoa
0.13 ACRE
y°" ~~~ ~A~~ 1~


~~~q
RIGHT-OF-WAY DEED
THE STATE OF TEXAS §
THE COUNTY OF KERR §
KNOW ALL MEN BY THESE PRESENTS:
That DAVID F. AYERS and wife, LINDA S. AYERS ("Grantors"), for and in
consideration of and in exchange by Grantee herein of the conveyance of the real property
described on Exhibit "B", attached hereto and made a part hereof for all purposes, in exchange
for the property described on Exhibit "A", attached hereto and made a part hereof for all
purposes, for the purpose of straightening out Pikes Peak Road, a public road, in Kerr County,
Texas which is for the benefit of The Public, said exchanged real properties being of equal
value; does GRANT, BARGAIN, SELL and CONVEY unto KERR COUNTY, TEXAS
("Grantee"), whose address is c/o County Judge, Ken County Courthouse, Kerrville, TX 78028,
all of the following described property which is more particulazly described as follows, to-wit:
See Exhibit "A", attached hereto, incorporated herein and made a part hereof for
all purposes.
TO HAVE AND TO HOLD the Property together with all and singulaz the rights,
privileges, and appurtenances thereto in any manner belonging unto the Grantee, its successors
and assigns forever; and we do hereby bind ourselves, our successors, assigns, executors and
administrators to warrant and forever defend all and singulaz the said premises unto the said
Grantee, its successors and assigns, against every person whomsoever, lawfully claiming or to
claim the same or any part thereof.
WITNESS our hands this ~(0 day of , A.D. 1998.
1
DAVID F. AYE`RS
~/~ i
L AS.A `
THE STATE OF TEXAS §
THE COUNTY OF ~c~6d~§
This instrument was acknowledged
A.D. 1998, by DAVID F
~,~~"`''~ NANCY GONZALEZ
t®* NOTARY PUBLIC
~` STATE OF TEXAS
~~+a~`' My Comm. Exp.04-12-02
THE STATE OF TEXAS §
before me on the ~~ day of
AYERS.
Notary Pub
State of Te as
THE COUNTY OF §
This instrument was acknowledged before me on the ~~ day of
A.D. 1998, b~LIND S. AYERS.
~5r*+~y~ NANCY GONZALEZ
NOTARY PUBLIC
*®: STATE OF TEXAS Notary Publi
~+3,~~~ My Comm. Exp.04.12-02 State of Texas
AFTER RECORDING RETURN TO:
Ken County, Texas
Kerr County Courthouse
Kerrville, TX 78028
Attention: County Judge
ATTENTION: COUNTY CLERK:
PREPARED IN THE LAW OFFICE OF:
Thomas W. Pollazd
951 Main Street
Kerrville, TX 78028
PLEASE SEND PLAIN COPY TO THE
COUNTY ATTORNEY' S OFFICE
AFTER FILING
FILED FOR RECORD
~t. ~ ~• 30• o'clDCk .... ~:.......M
OCT 141998
BILLIE G. MEEKER
rk Coun~CourtyKerr Cou ,Texas
~L~~ V.Deputy
EXHIBIT "A"
FIELD NOTES DESCRIPTION FOR 0.13 ACRE OF LAND OUT OF
THE DAVID F. AVERS LAND ALONG PIKES PEAK DRIVE IN
TURTLE CREEK RANCHES, KERR COUNTY, TEXAS
Being all of a certain tract or parcel of land containing 0.13 acre, more or less, out of P. B. James Survey No. 1887, Abstract No.
1091 in Kerr County, Texas; part of a certain 22.67 acre tract conveyed from Andrew E. Hermes, Sr., et ux to David F. Ayers, et
ux by a Warranty Deed with Vendor's Lien executed the 19th day of December, 1994 and recorded in Volume 779 at Page 66 of
4he Real Property Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows:
BEGINNING at a steel fence cornerpost in the southeast line of said 22.67 acre traM and northeast rightof-way line of Pikes
Peak Drive, a fifty (50) ft. wide public road conveyed as ROAD NO. "14" from Turtle Creek Ranches, Inc. to the County of Kerr
by a Warranty Deed executed the 6th day of September, 1972 and recorded in Volume 158 at Page 358 of the Deed Records of
Ken County, Texas for the south corner of the herein described tract which point bears, 27.10 ft. N.39°29'E. from the east
terminus of sar O. "14" and 701.4 R. East and 1249.2 ft. South from the north corner of 22.67 acre tract and Survey
No. 1887;
THENCE, with the said northeast right-of--way line of Pikes Peak Drive upon, over and across said 22.67 acre Vact: N.27°49'W.,
270.14 ft. to a %," iron stake set at a road angle; and N.33°45'W., 508.72 ft. to a %:" iron stake set at a road angle for the north
comer of the herein described tract;
THENCE, continuing upon, over and across said 22.b7 acre tract: S.35°2G'E., 509.71 R. to a set %" iron stake; and S.24°39'E.,
271.32 ft, to the PLACE OF BEGINNING. '
I hereby certify that these field notes and accompanying plat
are accurate descriptions of the property contained Werein as
determined by a survey made on []re ground under my
direction and supervision, except no survey was made to
reestablish Patent Survey lines or corners; and flat[ all
property corners are as stated (Bearing basis =True north
based on GPS observations).
Dated this 25th day of March, 1498
~j~~~~
IJtA/~~
Lee C. Voelkel
Registered Professional Land Surveyor No. 3909
County Surveyor for Kerr County
Page 1 of 2 Pages
[~.~~(~ (g' $ II~{,~[~}"(~. PLLC • PHONE a30-257-3313 • 212 CLAY STREET. KERRVIL LE, TEXAS X8028
EXHIBIT "A"
SURVEY PLAT FOR SEVERAL TRACTS ALONG PIKES PEAK DRIVE IN
TURTLE CREEK RANCHES, KERR COUNTY, TEXAS


~nR~6~
Coo ry
o rj\'~ ' `434
c~-l3 `gz 6~,
0.05 ACRE
~s6~,
aI \ ~~~
0.05 ACRE
22.67 ACRES
u«~, s~. w Ay«.
Vol. 779 Pgi 66
l2l19l94
3~:
ti sue, ' i
3~, ~,
+~ RS~~9-
~ ~
°~~~ .~d
~ ~~
~ 3~ ~,y
N
SCALE: 1" = 100'
LEGEND
o ~ u• unn ~~
Qo ~Rtw.a~~
0.13 ACRE
90\
EXHIBIT "B"
FIELD NOTES DESCRIPTION FOR 0.05 ACRE OF LAND OUT OF PIKES
PEAK DRIVE IN TURTLE CREEK RANCHES, KERB COUNTY, TEXAS
Being all of a certain tract or parcel of land containing 0.05 acre, more or less, out of P. B. James Survey No. 1887, AbstraM No.
1091 in Kea County, Texas; part of a certain fifty (50) R wide strip of land designated as Pikes Peak Drive, a public road
conveyed as ROAD NO. "14" from Turtle Creek Ranches, Inc. to the County of Ken by a Warranty Deed executed the 6th day of
September, 1972 and recorded in Volume 158 at Page 358 of the Deed Records of Kea County, Texas; and being more
particularly described by metes and bounds as follows:
BEGINNING at a %," iron stake set in a fence, the west line of a certain 22.67 acre tract conveyed from Andrew E. Hermes, Sr. et
ux to David F. Ayers, et ux by a Warranty Deed with Vendor's Lien executed the 19th day of December, 1994 and recorded in
Volume 779 at Page 66 of the Real Property Records of Kea County, Texas; for the west corner of the herein described tract;
which point bears 27.15 ft. N.OI°22'E. from the southwest comer of 22.67 acre tract and 894.4 R East and 240.1 R. North from
the west terminus of ROAD NO. "14";
THENCE, along the said north right-of--way line of Pikes Peak Drive (ROAD NO. "14"): N.68°26'E., 149.57 R to a '/:" iron
stake set at a road angle; and 5.61°14'E., 190.19 ft. to a %:" iron stake set at a road angle for the east comer of the herein
described tract;
THENCE, upon, over and across said Pikes Peak Drive (ROAD NO. "14"): N.65°27'W., 184.31 fL to a set %" iron stake; and
S.73°51'W., 143.83 R to the PLACE OF BEGINNING.
I hereby ccrtify that these field notes and accompanying plat
are accurate descriptions of the property contained therein as
determined by a survey made on the ground under my
direction and supervision, except no survey was made to
reestablish Patent Survey lines or comers; and that all
property comers are as stated (Bearing basis =True north
based on GPS observations).
Dated this 25th day of March, 1998
7
~< 1-~~~
Lce C. Vcelkel
Registered Professional Land Surveyor No. 3909
County Surveyor for Kea County
Page 1 of 2 Pages
L~~CJfp]`~'IOGY:G~ ~ g~,~~p~, PLLC PHONE 830-257-3313 272 CLAY STREET. KERR VILLE, TEXAS 78028
EXHIBIT "B"
SURVEY PLAT FOR SEVERAL TRACTS ALONG PIKES PEAK DRIVE IN
TURTLE CREEK RANCHES, KERB COUNTY, TEXAS

a
0.05 ACRE
\~ ry6~~ SC/%.
6~g1'n ' ~
~s%
0.05 ACRE
12.67 ACRES
HemKe, Sr. to Ayer
Vol. 779 Pg 66
lvlsroa
\~r
~~ ~~\
'1p ~'A,~
9' ~.~, ~.
~~ ~.

SCALE: 1" = 100'
LEGEND
~ ea u•;r«i oeke
® eel ni4oed spike
• peel Rnro oane~po~t
0.13 ACRE
90


~~$u
PARTIAL RELEASE OF LIEN
THE STATE OF TEXAS §
THE COUNTY OF KERB §
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned, of the County of Kerr and State of Texas, the legal and
equitable owner and holder of that one certain promissory note dated December 19,
1994, in the original principal sum of $43,599.40, executed by David F. Ayers ar3d
wife, Linda S. Ayers, and payable to the order of NationsBank of Texas, N.A. (now
NationsBank, N.A.), secured by a Deed of Trust executed by Makers of said Note to
Michael F. Hord, Trustee, recorded in Volume 779, Page 292, et seq (no legal
attached) and re-recorded (refiled with legal attached) in Volume 781, Page 716, et
seq, of the Real Property Records of Kerr County, Texas, against, AMONG OTHER
PROPERTY, the following described property, to-wit:
All that certain tract or parcel of land lying and being situated in Ken
County, Texas, and being more particularly described in Exhibit "A",
attached hereto, incorporated herein, and made a part hereof for all
purposes.
for and inconsideration of the full and final payment of all indebtedness secured by the
aforesaid lien or liens, the receipt of which is hereby acknowledged, has released and
discharged, and by these presents hereby releases and discharges, the above described
property from said lien or liens.
BUT it is expressly agreed and understood that this is a PARTIAL RELEASE
and that the same shall in no wise release, affect or impair said lien or liens against any
other property in said instrument mentioned.

EXECUTED this 1~ day of Jw(~ A.D. 1998.
ATTEST:
f }ss+ Secretary
NATIONSBANK, N.A.
BY: ~ •r : ,~. t
Stuart Cunyus, Vi President
(Print Name & Title)
THE STATE OF TEXAS §
THE COUNTY OF KERB §
This instrument was acknowledged before me this /'~ day of
Cl cv~.l A.D. 1998, by S ~ ~ us ,
1/ IGP~ ~r e s i a(2 ~tf of NationsBank, N.A., as the act and deed of said ba c and
in the capacity therein stated.
~,~. ~;.. !;vNNA K. SHIRLEY r Ipn '
"~ ° NOTARY PUBLIC ~ V'l (~~
,1 STATE OF TEXAS ~~y L~
~0=± No Public
F,,; ,t` tty Comm. Exp.03.13~00
J State of Texas
(y_~{ygv.+'. cYi~ J4.•E6CG<'~3CLY'."~Y.+Y.'.~
AFTER RECORDING RETURN TO:
Kerr County, Texas
c/o County Judge
Kerr County Courthouse
Kerrville, TX 78028
PREPARED IN THE LAW OFFICE OF:
Thomas W. Pollard
951 Main Street
Kerrville, TX 78028
ATTENTION: COUNTY CLERK: AFTER RECORDING, PLEASE SEND PLAIN
COPY TO COUNTY ATTORNEY'S OFFICE
COPY TO COUNTY ATTORNEY
FILED FOR RECORD
OCT 141998
BILLIE G. ~EtK~ERTexas
tk Coun ~ ~ .Deputy
....
FIELD NOTES DESCRIPTION FOR 0.13 ACRE OF LAND OUT OF
THE DAVID F. AVERS LAND ALONG PIKES PEAK DRIVE IN
TURTLE CREEK RANCHES, KERR COUNTY, TEXAS
Being all of a certain tract or parcel of land wntaining 0.13 acre, mare or less, out of P. B. James Survty No. 1887, Abstract No.
1091 in Kerr County, Texas; part of a certain 22.67 acre tract conveyed from Andrew E. Hermes, Sr., et ux to David F. Ayers, et
ux by a Warranty Deed with Vendor's Lien executed the 19th day of December, 1994 and recorded in Volume 779 at Page 66 of
the heal Property Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows:
BEGINNING at a steel fence comerpost in the southeast line of said 22.67 acre tract and noMeast rightof--way line of Pikes
Peak Drive, a fifty (50) ft. wide public road convtyed as ROAD NO. "14" from Turtle Creek Ranches, Inc. to the County of Kerr
by a Warranty Deed executed the 6th day of September, 1972 and recorded in Volume 158 at Page 358 of the Deed Records of
Kerr County, Texas for the south corner of the herein described tract; which point bears, 27.10 ft. N.39°29'E. from the east
terminus of said ROAD NO. "14" and 701.4 ft. East and 1249.2 ft. South from the north corner of 22.67 acre tract and Strrvty
No. 1887;
THENCE, with the said northeast right-of--way line of Pikes Peak Drive upon, over and across said 22.67 acre tract:' N.27°49' W.,
270.14 ft. to a''/x" iron stake set at a road angle; and N33°45'W., 508.72 ft. to a %x" iron stake set at a road angle for the north
rnmer of the herein described track
THENCE, continuing upon, over and across said 22.67 acre tract: S35°26'E., 509.71 ft. to a se[ h" iron stake; and S.24°39'E.,
271.32 ft. to the PLACE OF BEGINNING.
I hereby certify that these field notes and accompanying plat
are accurate descriptions of the property contained therein as
determined by a survty made on the ground under my
dirxtion and supervision, except no survey was made to
reestablish Patent Survey lines or corners; azrd that all
property comers aze as stated (Beazing basis =True north
based on GPS observations).
Dated this 25th day of March, 1948
~~
~: l
Lee C. Vcelkel
Registered Professional Land Surveyor No. 3909
County Survtyor for Kerr County
t~~t~~li~:&'j Clq CV~j. PLLC • PHONE 830-257-3313 • 212 CLAY STREET, KERRVILLE, TEXAS 78028

SURVEY PLAT FOR SEVERAL TRACTS ALONG PIKES PEAK DRIVE IN
TURTLE CREEK RANCHES, KERB COUNTY, TEXAS
~,
a
0.05 ACRE
z ~ S6/ ~R~
5~, W ~43.~~' hC
a'~' S6 S ~~'h- 9O y
~ R3.
~~- -~gc.
0.05 ACRE
4,
~~{, ~S\
~~~$y
~~
0.13 ACRE
I
22.67 ACRES
uemla, Sr. b nyen
Vol. 779 Pg 66
12/19N~
0.13 ACRE
y1'9 .~-
~~~
.~ t

hereby cvtiry that Ihia phd and accompanying field note
deaaiptieo aro aoarab «paadatiam of the properly
shown end dam'bed hereon u drlamined by • awry
made m the pound order my d'vation and apervieion,
except m awry wu vude b reealablidl Patent Survey
lirlcs a arrtrrr, and that dl property oomea aro u ehc..-
(Bearing baaia ~ True north booed on OP3 ohaervalioru;
Dated O~ttej/2~3N~day/~~- Mard4 1998/1
Registered ProfeuioruO I.ud Surveyor No. 3909
Calmly Surveyor for ICerr Caurny, Texan
3 ACRES
Brown to McClu@'
Vol. 391 Pg. 27
08/27/86
1
,1

SCALE: 1" = 100'
LEGEND
.n SS' iron rlake
Q ra r.iho.d .Pike
• .feel fella oomeryoq

e~
~-~ i
O
a~A ~ ~~
~~a?
/~o~
~/
~~
4~G
I
~ f• • PHONE 830-267-3313 • 212 CI,AV STREET. KERRVILLE. TE%AS 70020 l~ I