DRDER ND. ~^ i E: F~RELIMINARY REF~LAT DF TRACT NO. 18, HOX S ACRES On this the i~th day of J~_~ly 190, upon matian made by C~--~___~-~.- ~ald:~in, seconded by Commissianer Griffin, the Co~_irt ~_tnanimo~asly approved by a vote of 4-0-0, F'r~e? imir,=r~y Replat of T.-ac.. ._~. _-, ~_.. Y --. __ _-_ ______c _.._ _~__c hearing. COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnson, P.E. MEETING DATE: July 12.1999 OFFICE: Kerr County Road & Bridge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC}: Consider Preliminary Replat of Tract No. 18, Box S Acres Subdivision EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston, P.E./Ted Schiwetz ESTIMATED LENGTH OF PRESENTATION: 10 minutes PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters 551 8~ 552 of the Government Code is as follows: Meetings scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All 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 Rules Adopted by Commissioners' Court. THOMAS W. POLLARD ATTORNEY AT LAW STATE BAR NO. 16100000 951 MAIN STREET KERRVILLE. TEXAS 78028-3598 (830) 896-7500 FAX 1830) 257-7079 July 1, 1999 The Honorable H. A. "Buster" Baldwin Kerr County Commissioner, Precinct # 1 Kerr County Courthouse Kerrville, TX 78028 C~OG°~~ Re: Road Easement of the East Lake Drive to Tract No. 18, Box S Acres Subdivision, as platted and to be replatted by Theodore F. Schiwetz, Jr. Dear Commissioner Baldwin: I have reviewed the documents you hand-delivered to my office June 21, 1999. I have also discussed this matter extensively with Mr- Schiwetz, and he has indeed opened up his Eile to me, a_s you indicated lte would. It was not difficult for me to contact him, as you know, because 4ie and I have shared office space for a number of years. der reviewing all ofthe materials and discussing this matter with Ted Schiwetz, I suggested that h~ execute an affidavit containing the matters set forth in his letter of June 10, 1999 to Franklin Johnson, that lie obtain an affidavit from Jinuiiy Peschel rellectuig the same matters indicated in Jilnmy Peschel's letter, and that those two al~idavits along with the affidavit ofJcli~ey Sabins, be recorded in the Real Property Records ofk~iT County, Texas. I Ic has obtained the affidavits and hirnished me a Dopy. ~i~• rc;vi~w of the intonnatiun furnished b~~ NIr. Schiwctz satisfies m~ that ~Vir. Schiw~tz's opinion set forth in paragraph 3 of his affidavit of June 25, 1999 (photocopy onclosed) is ~orr~~t. I beliwe that if the issue was tested in court, Fl court would likzly agree with ~~[r. S~hi~~~~tz's opinion as to the access to "I'rict 18 of Box S Acres Subdi~•ision. [n tlt~ ~~'~nt l m~i~' 111i711S11 ~`O11 alri' aCldltWnal tlilortllallUll. l)~c'.aS~ ad~•is~. Thank you very much. Sincerely, homas W. Polla TW P/t Enclosure cc: ?11r. Franklin Johnson Kerr County Engineer 4U 10 San Antonio Highway Kem~ilie, TX 78028 AFFIDAVIT STATE OF TEXAS § COUNTY OF KERB § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day, personally appeared THEODORE F. SCHIWETZ, JR., known to me to be a credible person and of lawful age, who being by me first duly sworn, on his oath, deposes and says: "I, THEODORE F. SCHIWETZ, JR., am a resident of Kerr County, Texas. [ am of age, of sound mind, and fully qualified in all respects to make this Affidavit. ?. I am the record owner of Tract 18, BOX S ACRES SUBDIVISION, a Subdivision in Kerr County, Texas as shown on Plat recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas (herein, "Tract 18"). 3. [t is my opinion that there is access by vehicles and by foot giving ingress and egress to Tract 18 by two (2) roadway easements. One access is by a 60 foot wide roadway easement known as "Box S Drive" as shown on the Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas, part of which Box S Drive lies on and along the South boundary of Tract 18. Because of the steep slopes and deep draws on the South side of`fract 18, which fronts on Box S Drive, which steepness and draws continue along the entire West side ofTract l 8, use of Box S Drive for access to Tract 18 is of no use. Therefore, access to Tract 18 is by use of the 40 wide roadway easement as shown on the Plat of BOX S ACRES NORTH PASTURE SUBDIVISION recorded in Volume 3, Page 57 of the Plat Records of Kerr County, Texas, which 40 foot wide roadway easement lies on and along the South boundary ofTract 26 of BOX S .1CRES NORTIi PASTURE SUBDIV1S10\ (herein, "Tract '?6"). That 40 foot wide road~~~ay easement gives ingress and egress to Tract 18 tom "East Lake Drive" I incorporate herein and make a part ofthis Affidavit the above referenced Plats recorded in Volume 3, Page 20 and Volume 3. Palk 57 of the Plat Records ul~ Kerr Cuunty, Texas. -I In support of the above opinion that the primary, and really, only usable access by roadway easement to and from Tract 18 is by use of the -30 toot ~~ idr roadway easement that tics on and along the South boundary of Tract ~6, r~~en if Tract 18 is subdivided into une (l) or more tracts. l offer thr tllllu\~InL' The UO toot ~~idc road~~a~' ~ascnt~nt ~~hirh lies un and al~~ne th~• ~uuth boundary ut Tract IS is ~stablishcd b~ the l'Iat of l3O\ . _ ,~~ i~~ ~I•,LLK .n ., PuRc 1 ACRES SUBDIVISION recorded in Volume 3, Page 20 of Plat Records ofKerr County, Texas. That 60 foot wide roadway easement known as "Box S Drive" also extends to and past East Lake Drive. East Lake Drive is a 40 foot wide roadway easement also shown on the Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20, Plat Records of Kerr County, Texas. East Lake Drive extends to and beyond the 40 foot wide roadway easement, which 40 foot wide roadway easement lies on and along the South boundary of Tract 26. East Lake Drive extends into BOX S ACRES NORTH PASTURE SUBDIVISION. The Plat of BOX S ACRES NORTH PASTURE SUBDIVISION is recorded in Volume 3, Page 57, Plat Records ofKerr County, Texas. Therefore, by use ofBox S Drive to East Lake Drive, East Lake Drive (headed North) to the 40 foot wide roadway easement that lies on and along the South boundary ofTract 26 (herein, "40 foot wide roadway easement"), and off East Lake Drive onto the 40 foot wide roadway easement (headed West), there is roadway access to and from Tract 18. The 40 foot wide roadway easement lies along the North boundary of Tract 18. B. The 40 foot wide roadway easement is referenced in General Warranty Deed (With Vendor's Lien) dated December 19, 1995. whereby Leroy A. Cornelsen, an unmarried man, and Barbara L. ...._ Dickie, an unmarried woman, conveyed to Robb Sherron, Tract ?G, BOX S ACRES NORTH PASTURE SUBDIVISION, that Drcd recorded in Volume 830, Page 464, Real Property Records of Kl;rr County, Texas, which Deed is incorporated herein and made a part hereof Tract 26 lies along the North boundary of Tract 18. Title to Tract 26 is taken subject to the 40 foot wide roadway easement shown on the Plat of BOX S ACRES NORTH PASTURE SUBDIV1S10N, recorded in Volume 3, Page 57, Plat Records of Kerr County, Texas, and subie~~ to visible and/or apparent road~~:tys or casements over or across Tract 26, and subject to the Restrictiol~s recorded in Volume 145, Page 532, Deed Records of Kerr C'ount~~, Texas. "That -1U toot wide roadway casement gives ingress and currss to Tract 18 and is a visible and/or apparent roadway over or across 'I~ract 2G C :\tlidavit by 1etTrcy L. Sabins on behalf of BOX S L:\ND CU~1PANY, INC., the developer of BUX S .~\CRL=S NORTf i I':\STURE SUBDIVISION and BOX S .\CRES SUBDIVISIUN. attached hereto as Exhibit "A", incorporated herein and made a hart hereof This :\tlidavit should further clarify that the subject -iU ti~ut ~~ idc roadway easement is intended to be used by any and all owners ut~ I:uid in BU\ ~ .\('RL•S SL'E3U1\'ISIUN and [3U\ ~ :\('RE'S ,, , ..,., I cJ I I~.we \tl ~~~ ttH~c , _ NORTH PASTURE SUBDIVISION, and gives ingress and egress to Tract 18. D. Affidavit by Jimmie Peschel, President of Fidelity Abstract & Title Co., stating, ifa Title Policy of Insurance is issued by Fidelity Abstract & Title Co. as to Tract 18 and/or as Tract 18 may be replatted, such policy will be issued with no exception as to access, which I interpret to mean that there is access to and from Tract 18 by use ofthe subject 40 foot wide roadway easement. The Affidavit of Jimmie Peschel is attached hereto as Exhibit "B", incorporated herein and made a part hereof. E. When I began using the 40 foot wide roadway easement September l8, 1981, there was a visible and apparent road on that easement, and I have continuously used that road (roadway easement)- as access to and from Tract 18 since September 18, 1981. F. The Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas, shows the entire development (subdivision)toincludeBOXSACRESSUBDIVISION and BOX S ACRES NORTH PASTURE SUBDIVISION, and under "Description" on the Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas, last sentence, is stated "This subdivision is divided into acreage tracts, l through 18, and a larger area of land designated as the Nortlt Pasture Tract" (emphasis mine). The sequence in numbering the tracts in BOX S ACRES NORTH PASTURE SUBDIVISION do not start with No. 1, and instead follow the numbering sequence from BOX S ACRL-S SUBD[VISION. Also, of importance on the Plat of BOX ACRES NORTH PASTURE SUBDIVISION rccord~d in Vulu,ne 3, Page 57 of the Plat Records of Kerr County, Texas is the statement in the paragraph in the upper right-hand corner "Box S Land Company, [nc., a Texas corporation, being the owner of the I~erein described tract or tracts of land known as Box S Acres, does hereby adopt the plat whereon this is inscribed, as a subdivision ofthe iiortl, pasture of Box S Acres in Kerr County and also in Gillespie Cuunty, Texas" (emphasis mine). Also, in bold type is the description of the subdivision on the top of the Plat of BOX S ACRL-S NORT1 i I':~STURE SUBDIVISION as "Subdivision Plat oft 13 38 acrr; uC But S Acres North Pasture (Vol. 3. Page 20. Kerr Cu) by QO\ L:\ND CO , INC., R.L. SABWS-President, in Kerr Cuunty caul Gillespie County, Texas" (emphasis mine, the reference beint the volume and page of the Plat ofBOX S ACRES SUBDIVISION :~Il this should be further proof that both, BO\ S ACRES and f30\ ti ~('RL•S VOIZ"fll [':~STI.'RE :u-c ~onc~ivrd and tr~at~d a; ~~n~• ~ I ~ ,.-. ,, , •,., fcJ IL~uft \tl uS t'xy~c ~ -- subdivision, with all land owners having use of all road and utility easements, wherever they lie. G. The subject 40 foot wide roadway easement is an extension of the 40 foot wide roadway easement known as "East Lake Drive", East Lake Drive giving the only access to BOX S ACRES NORTH PASTURE SUBDIVISION. I would find it difficult to believe that owners of tracts in BOX S ACRES NORTH PASTURE SUBDIVISION have common use of East Lake Drive with owners of Tracts in BOX S ACRES SUBDIVISION, but only owners oftracts in BOX S ACRES NORTH PASTURE SUBDIVISION have exclusive use of the 40 foot wide roadway easements in BOX S ACRES NORTH PASTURE SUBDIVISION, such 40 foot wide roadway easements being the 40 foot wide extension of East Lake Drive into BOX S ACRES NORTH PASTURE SUBDIVISION and the subject 40 foot wide roadway easement. H. The Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas states that Box S Land Company, Inc., dedicates to the public use forever, the entrance road across Tracts 18 and 1 through 8 (Box S Drive), and all other roads shown on the plat, except as indicated otherwise. There is nothing "shown otherwise" on the 60 foot wide roadway easements or 40 foot wide roadway easements (including the subject 40 toot wide roadway easement). Further, since the Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20 of the Plat Records ofKcrr County, Texas includes BOX S ACRES NORTH PASTURE', it is probable that the 40 foot wide roadway easement shown on the Plat of BOX S ACRES NOR"fH PASTURE recorded in Volutnc 3, Page 57 of the Plat Records of Kerr County, Texas arc dedicated for public use, since there is nothing "stated otherwise" un the Plat of [3O`C S ACRES NORTH PASTURE recorded in Volume 3, I';iue S7 of the Plat Records of Kerr County, Texas. I The Restrictions for BOX S ACRES SUBDIVISION recorded in \'ulume 130, Page 3~3-t, Deed Records ofKerrCounty, Texas, and the ReS[rICIIUnS for BO\ S ACRES NORTH PASTURE SUBDIVISION rc~orded in Volume 145, Page 532, Deed Records of Kerr County. -texas are incorporated herein and made a pan itercof flee restrictions are the same for each subdivision as to use ut' eascmertts for utilities and roads, those restrictions being Paragraph ~'II as to BUX S .ACRES SL.'BDIVISION and Paragraph ~'I as to BU\ S :~('RL=S NORTH PASTURE SUBDIVISION. This, toecthcr ~~ith relcrcnccs in the above subdivision plats, reser~es the use of all r~i;rd _. anti utility easert~ents in both subdi~isiuns for use b~ the D~~~rl~~t~~~r i~~ ii„u~ ui ~,. and all tract owners regardless of which subdivision a person owns a tract. Further, because of the steep slopes and draws on the West, South and East sides of Tract l 8, there is little available surface for construction of more than two (2) residences, together with road access to those residences. The restrictions allow Tract 18 to be subdivided into no more than three (3) tracts. As stated above, because of the steep slopes and draws, and because of the limited surface area on which residences can be reasonably constructed, and the additional need for roads on that limited surface area to residences further reducing the available surface area, and because the only driveable access to this limited surface area is by use of the subject 40 foot wide road easement, it would appear apparent that the Developer of BOX ACRES and BOX S ACRES NORTH PASTURE SUBDIVISIONS recognized this and therefore provided on the Plat ofBOX S ACRES NORTH PASTURE SUBDIVISION the subject 40 foot wide roadway easement to grant access to Tract 18 off East Lake Drive." Further, Affiant sayeth not. --~ . i ~ ,- .~ THEODORE". SCHIWETZ, JR., Affiant Subscribed and sworn to before me, this ~` S~~y day of ~l, 1999. ~~`•~'•`!~ SIL\RON hi. TAYLOR ~ l~ '~1l' <'UMMIXSIUN IiXPIHIiS ""••" ,T /~ z~~~n l~< , :,:, , Notary Public, State oflVotary Public, State of Texa~ Acknowledgment S"1',~TE OF TEXAS CUUyTY OF KERR § This instrument was acknowledged before me this =1 `~ >`-h day of ~~ 19(19, by THEODORE F SCHl1~VETZ, JR ~'-~:`• •'!~~ if IAHOti M rAYLOR ~t~ i U~t~tl~- ~, operoted .. ~"~`3F 1 a ~~ i - 'c.. `~ < ~a ~ j ` l' il~• 1y1~ ~' ` _ 1 i y'~/J `•. t -ryi • y :M;~ ,. VOLUME ~7 ~~l ~ ~~ ~ A i~ ~ , ' ; I(~ (,- ti - tl 1, ` `\ ~1\ t ~ ~ `, ~ ~ / 9 11 1 ~ 1 1 ~ ~~, p tlil~p~'/~// ~ 1 ~_ ~ ~~ i ~,~~~~ I ~ ~~ // i/ / /,~, %~i~. //i. `I ~ ~~'~i ~ ` r \~ i `,`\ ~l \~\ ~ J~ 1 PAG E ~ ~ ~ lii~ ~~~ ~ ~ ~ % I ~ `~ _ ~ ~ ~ ~~~ ~ ~~~ ~ i~~ r ~r~ ~/ Centro V;s to Ad VICINITY MAP 1 `\ j i - ~ ~ ~ i / , - ~~ __. ' ; LOt 18 Box 3 Acres \; ~~ _.-.- ~ • 1 \ 1. ~\ 1III1`~ ~~~ ~ l + \ _~_ ~~ ~i i / 1,~I (~ - ~i~~ ~_ ~., i I) ~ ~ ~ ~ J '/, 1 ~~ ~ ----'~ 1 1 ~ ~ ~~ , SCALE: 1 " -1000' . i4it :1 - ~''~A tt,,i'. TAKE -~K S _•h. 1 ~'1-~~. .. ~ ~ N y. ''~ ,LINE x ~ t "Y~Y iF ,i ~. ~~ _ r~ `V A• a~i~T: Rs is "' ~,1 _i'~ti~~~.. ,1 'Y ~ ~ ~~~;;~ _ _- ~ ~3,~-~ r ;- .~ r•' ~~ ~ i :"a'~-z "* ~ ~~ ~. Y~~ j J~ ;XZ`''~~ ~. ~a .; -,_ 1= ~, -~ ~. ;:~ .~ ,. ~.. ,'+ _ •~ j ;3 ~~ ~ ~• • :.ti ` _~ - t - ;i ~`Y ~( t+ y`- .. _ ~\ _ ~i ~, '+] A REPEAT FOR LOT NO. 18 BOX S ACRES A SUBDIVISION OF LOT 18 OF BOX S ACRES - A SUBDIVISION OF KERR COUNTY ACCORDING TO THE PLOT OF RECORD IN VOLUME 3 AT PAGE 20 OF THE PLAT RECORDS OF KERR COUNTY, TEXAS; COMPRISING 22.6fi ACRES OF LAND, MORE OR LESS, OUT OF VARIOUS ORIGINAL PATENT SURVEYS IN KERR COUNTY, TEXAS AS FOLLOWS: SURVEY N0. SURVEY ABSTRACT N0. ACRES 1 B. S. & F. 75 3.19 677 GASPER WUST 1141 2.50 2563 W. M. EAGER 2037 16.97 JUNE 1999 ~U V ~J~ B V~~U UUU VU ~ g~U V~I~ U OU V~J 212 CLAY STREET, KERR4ILLE, TEXAS 78028. 830-257-3313 i -~ 'l ~~ // 'i /i 1, DAIS: JUNE 14, 1949 JOB Na~}665 SCHMEIZ.DwO S?1EET ~ Or AFFIDAVIT STATE OF TEXAS § COUNTY OF KERB § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day, personally appeared THEODORE F. SCHIWETZ, JR., known to me to be a credible person and of lawful age, who being by me first duly sworn, on his oath, deposes and says: "I, THEODORE F. SCHIWETZ, JR., am a resident of Kerr County, Texas. I am of age, of sound mind, and fully qualified in all respects to make this Aff davit. 2. I am the record owner of Tract 18, BOX S ACRES SUBDIVISION, a Subdivision in Kerr County, Texas as shown on Plat recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas (herein, "Tract 18"). 3. It is my opinion that there is access by vehicles and by foot giving ingress and egress to Tract 18 by two (2) roadway easements. One access is by a 60 foot wide roadway easement known as "Box S Drive" as shown on the Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas, part of which Box S Drive lies on and along the South boundary of Tract 18. Because of the steep slopes and deep draws on the South side of Tract 18, which fronts on Box S Drive, which steepness and draws continue along the entire West side ofTract 18, use ofBox S Drive for access to Tract 18 is of no use. Therefore, access to Tract 18 is by use of the 40 wide roadway easement as shown on the Plat of BOX S ACRES NORTH PASTURE SUBDIVISION recorded in Volume 3, Page 57 of the Plat Records of Kerr County, Texas, which 40 foot wide roadway easement lies on and along the South boundary of Tract 26 ofBOX S ACRES NORTH PASTURE SUBDIVISION (herein, "Tract 26"). That 40 foot wide road~ti~ay easement gives ingress and egress to Tract 18 from "East Lake Drive" 1 incorporate herein and make a part ofthis Affidavit the above referenced Plats recorded in Volume 3, Page 20 and Volume 3, Page 57 of the Plat Records of Kerr County, Texas. 4. In support of the above opinion that the primary, and really, only usable access by roadway easement to and from Tract 18 is by use of the 40 toot wide roadway easement that lies on and along the South boundary of Tract 26, even if Tract 18 is subdivided into one (1) or more tracts, I offer the following: .A. The 60 foot wide roadway easement which lies on and along; thr South boundary of Tract 18 is established by the Plat of BOY S dzs 9v Page 1 rcdiiousc .4tF.Us ACRES SUBDIVISION recorded in Volume 3, Page 20 of Plat Records ofKerr County, Texas. That 60 foot wide roadway easement known as "Box S Drive" also extends to and past East Lake Drive. East Lake Drive is a 40 foot wide roadway easement also shown on the Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20, Plat Records of Ken County, Texas. East Lake Drive extends to and beyond the 40 foot wide roadway easement, which 40 foot wide roadway easement lies on and along the South boundary of Tract 26. East Lake Drive extends into BOX S ACRES NORTH PASTURE SUBDIVISION. The Plat of BOX S ACRES NORTH PASTURE SUBDIVISION is recorded in Volume 3, Page 57, Plat Records of Kerr County, Texas. Therefore, by use ofBox S Drive to East Lake Drive, East Lake Drive (headed North) to the 40 foot wide roadway easement that lies on and along the South boundary of Tract 26 (herein, "40 foot wide roadway easement"), and off East Lake Drive onto the 40 foot wide roadway easement (headed West), there is roadway access to and from Tract 18. The 40 foot wide roadway easement lies along the North boundary of Tract 18. B. The 40 foot wide roadway easement is referenced in General Warranty Deed (With Vendor's Lien) dated December 19, 1995. whereby Leroy A. Cornelsen, an unmarried man, and Barbara L. Dickie, an unmarried woman, conveyed to Robb Sherron, Tract 26, BOX S ACRES NORTH PASTURE SUBDIVISION, that Deed recorded in Volume 830, Page 464, Real Property Records of Kerr County, Texas, which Deed is incorporated herein and made a part hereof. Tract 26 lies along the North boundary of Tract 18. Title to Tract 26 is taken subject to the 40 foot wide roadway easement shown on the Plat of BOX S ACRES NORTH PASTURE SUBDIVISION, recorded in Volume 3, Page 57, Plat Records of Kerr County, Texas, and subiect to visible and/or apparent roadways or easements over or across Tract 26, and subject to the Restrictions recorded in Volume 145, Page 532, Deed Records of Kerr County, Texas. That 40 foot wide roadway easement gives ingress and curt ss to Tract 18 and is a visible and/or apparent roadway over or across Tract 26 C. Affidavit by Jeffrey L. Sabins on behalf of BOX S L:\ND COMPANY, INC., the developer of BOX S ACRES NORTH PASTURE SUBDIVISION and BOX S ACRES SUBDIVISION, attached hereto as Exhibit "A", incorporated herein and made a part hereof. This Affidavit should further clarify that the subject 40 toot wide roadway easement is intended to be used by any and all owners of land in BOX S ACRES SUBDIVISION and BOX S ACRES 62s vv Pa~c 2 rid j i~~ ,ur us NORTH PASTURE SUBDIVISION, and gives ingress and egress to Tract 18. D. Affidavit by Jimmie Peschel, President of Fidelity Abstract & Title Co., stating, if a Title Policy of Insurance is issued by Fidelity Abstract & Title Co. as to Tract 18 and/or as Tract 18 may be replatted, such policy will be issued with no exception as to access, which I interpret to mean that there is access to and from Tract 18 by use of the subject 40 foot wide roadway easement. The Affidavit of Jimmie Peschel is attached hereto as Exhibit "B", incorporated herein and made a part hereof. E. When I began using the 40 foot wide roadway easement September 18, 1981, there was a visible and apparent road on that easement, and I have continuously used that road (roadway easement) as access to and from Tract 18 since September 18, 1981. F. The Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas, shows the entire development (subdivision) to include BOX S ACRES SUBDIV ISION and BOX S ACRES NORTH PASTURE SUBDIVISION, and under "Description" on the Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas, last sentence, is stated "This subdivision is divided into acreage tracts, 1 through l8, and a larger area ofland designated as the North Pasture Tract" (emphasis mine). The sequence in numbering the tracts in BOX S ACRES NORTH PASTURE SUBDIVISION do not start with No. 1, and instead follow the numbering sequence from BOX S ACRES SUBDIVISION. Also, of importance on the Plat of BOX ACRES NORTH PASTURE SUBDIVISION recorded in Volume 3, Page 57 of the Plat Records of Kerr County, Texas is the statement in the paragraph in the upper right-hand corner "Box S Land Company, Inc., a Texas corporation, being the owner of the herein described tract or tracts ofland known as Box S Acres, does hereby adopt the plat whereon this is inscribed, as a subdivision of the north pasture of Box S Acres in Kerr County and also in Gillespie County, Texas" (emphasis mine). Also, in bold type is the description of the subdivision on the top of the Plat of BOX S ACRES NORTH PASTURE SUBDIVISION as "Subdivision Plat of 1 13.38 acres of Box S Acres North Pasture (Vol. 3, Page 20_ Kerr Co.) by BOX S LAND CO., INC., R.L. SABINS-President, in Kerr County and Gillespie County, Texas" (emphasis mine, the reference being the volume and page ofthe Plat ofBOX S ACRES SUBDIVISION. All this should be further proof that both, BOX S ACRES and BOX S ACRES NORTI~ PASTURE- are conceived and treated as erne 111 erzs vv Pxgc 3 r~axo~ :vt.os subdivision, with all land owners having use of all road and utility easements, wherever they lie. G. The subject 40 foot wide roadway easement is an extension of the 40 foot wide roadway easement known as "East Lake Drive", East Lake Drive giving the only access to BOX S ACRES NORTH PASTURE SUBDIVISION. I would find it difficult to believe that owners of tracts in BOX S ACRES NORTH PASTURE SUBDIVISION have common use of East Lake Drive with owners of Tracts in BOX S ACRES SUBDIVISION, but only owners oftracts in BOX S ACRES NORTH PASTURE SUBDIVISION have exclusive use of the 40 foot wide roadway easements in BOX S ACRES NORTH PASTURE SUBDIVISION, such 40 foot wide roadway easements being the 40 foot wide extension ofEast Lake Drive into BOX S ACRES NORTH PASTURE SUBDIVISION and the subject 40 foot wide roadway easement. H. The Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas states that Box S Land Company, Inc., dedicates to the public use forever, the entrance road across Tracts 18 and 1 through 8 (Box S Drive), and all other roads shown on the plat, except as indicated otherwise. There is nothing "shown otherwise" on the 60 foot wide roadway easements or 40 foot wide roadway easements (including the subject 40 foot wide roadway easement). Further, since the Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20 of the Plat Records of Kerr County, Texas includes BOX S ACRES NORTH PASTURE, it is probable that the 40 foot wide roadway easement shown on the Plat of BOX S ACRES NORTH PASTURE recorded in Volume 3, Page 57 of the Plat Records of Kerr County, Texas are dedicated for public use, since there is nothing "stated otherwise" on the Plat ut BOX S ACRES NORTH PASTURE recorded in Volume 3, Page S7 of the Plat Records of Kerr County, Texas. The Restrictions for BOX S ACRES SUBDIVISION recorded in ~'ulume 130, Page 344, Deed Records ofKerr County, Texas, and the Restrictions for BOX S ACRES NORTH PASTURE SUBDIVISION recorded in Volume 145, Page 532, Deed Records of Kerr County, Texas are incorporated herein and made a part hereof Tl~e restrictions are the same for each subdivision as to use of easements for utilities and roads, those restrictions being Paragraph VII as to BOX S ACRES SUBDIVISION and Paragraph VI as to BO\ S ACRES NORTH PASTURE SUBDIVISION. This, together with references in the above subdivision plats, reserves the use of all road and utility easements in both subdivisions for use by the Develuher. 6'?S v9 Pale ~ Tcdliousc Atr.US and all tract owners regardless of which subdivision a person owns a tract. Further, because of the steep slopes and draws on the West, South and East sides of Tract 18, there is little available surface for construction of more than two (2) residences, together with road access to those residences. The restrictions allow Tract 18 to be subdivided into no more than three (3) tracts. As stated above, because of the steep slopes and draws, and because of the limited surface area on which residences can be reasonably constructed, and the additional need for roads on that limited surface area to residences further reducing the available surface area, and because the only driveable access to this limited surface area is by use of the subject 40 foot wide road easement, it would appear apparent that the Developer of BOX ACRES and BOX S ACRES NORTH PASTURE SUBDIVISIONS recognized this and therefore provided on the Plat ofBOX S ACRES NORTH PASTURE SUBDIVISION the subject 40 foot wide roadway easement to grant access to Tract 18 off East Lake Drive." Further, Affiant sayeth not. THEODOREF SCHIWETZ, JR., AfTiant Subscribed and sworn to before me, this o7vth day of , ~1i, 1999. i1 ~~ N.. •.•• 1 }':~~ "•`!t~• SHARON M. TAYLOR ~~~C.Z /t`7~ ~ ~~ ~ ~" ~/^_. f s ~ i. ; ! h1\" COh1MItiSU)N IiXPIRES '~'• ty Notary Public, State of Texas ~ ~~~.' r? ~ +*r lune la, 200_ Acknowledgment STATE OF TEXAS § COUNTY OF KERR § This instrument was acknowledged before me this 1`%f day of _ 1999, by THEODORE F. SCHIWETZ, JR. .••;i.'!!i;~t SI-IAftON M. TAYLOR •~ 1 \1Y c't)hllvlltiSlON FKPIRES c.zs ~,~ rya I I~>us~ :~- os i Notary Public, State of Texas Pale 5 AFFIDAVIT STATE OF TEXAS § COUNTY OF KERB § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day, personally appeared JEFFREY L. SABINS, known to me to be a credible person and of lawful age, who being by me first duly sworn, on his oath, deposes and says: 1. "I, JEFFREY L. SABINS, am a resident of Kerr County, Texas. I am of age, of sound mind, and fully qualified in all respects to make this Affidavit. 2. I am a former Shareholder, Director and Officer of BOX S LAND COMPANY, INC. ("Developer"), which has dissolved and no longer conducts business. Developer was the owner of all the real property developed and platted as BOX S ACRES SUBDMSION as shown on Plat recorded in Volume 3, Page 20, Plat Records of Kerr County, Texas. Developer also adopted restrictions pertaining to BOX S ACRES SUBDIVISION ("BOX S ACRES"), recorded in Volume 130, Page 344, Deed Records of Kerr County, Texas. 3. I am a former Shareholder, Director and O~cer of BOX S LAND COMPANY, INC. ("Developer"), which has dissolved and no longer conducts business. Developer was the owner of all the real property developed and platted as BOX S ACRES NORTH PASTURE SUBDIVISION as shown on Plat recorded in Volume 3, Page 57, Plat Records of Kerr County, Texas. Developer also adopted restrictions pertaining to BOX S ACRES NORTH PASTURE SUBDIVISION ("NORTH PASTURE"), recorded in Volume 145, Page 532, Deed Records of Kerr County, Texas. 4. I am familiar with and have knowledge of development of BOX S ACRES and NORTH PASTURE, and I think it was the intent in developing BOX S ACRES and NORTH PASTURE, that all platted road easements are for use by all owners of tracts in both subdivisions and not excluding use of road easements in NORTH PASTURE from tract owners in BOX S ACRES, nor excluding tract owners in NORTH PASTURE from use of road easements in BOX S ACRES. 5 Further, to my knowledge, the owner of "Traci 18, BOX S ACRES, has used the ~lU' wide road and utility easement as shown un Plat of ~lORTI i PASTURE which lies on the South boundary of Tract 26, NORTH s,2~,~ TedV Iwue .all 01 Pa~c 1 EXHIBIT "A" Page 1 of 2 PASTURE, as road access to and from Tract 18, BOX S ACRES from East Lake Drive since 1981, and without objection from Developer or other property owners." Further, Affiant sayeth not. ~~ " ABINS, Affiant Subscribed and sworn to before me, this ~~ day of l~~ _, 1999. ~~...~. ,io~te! !~iG .• RUTH MIKSCH • m :~• is Notary Public, Slata of Tezas My Commission Expires ' ~ • 1+~. o f ~~4 • MAY 22, 2003 STATE OF TEXAS § COUNTY OF KERB § Notary Public, State of zas Acknowledgment This instrument was acknowledged before me this ~ day of 1999, by JEFFREY L. SABINS. '~-~! !~i••. RUTH MIKSCH •' `F"• Mowry Public. Stave of Ta:as Notary Pub c, State of Teza r :~: ~: My Comtussan Expuas •• f+~ of ~t~'• MAY 22.2003 SRI/99 PYQ•C Z • TedJ lauc•.AfT.01 EXHIBIT 'A' Page 2 of 2 AFFIDAVIT STATE OF TEXAS § COUNTY OF KERB § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day, personally appeared JIlvIl~IIE L. PESCHEL, known to me to be a credible person and of lawful age, who being by me first duly sworn, on his oath, deposes and says: "I, JIlVRVIIE L. PESCHEL, am a resident of Kerr County, Texas. I am of age, of sound mind, and fully qualified in all respects to make this Affidavit. 2. I am the President of FIDELITY ABSTRACT & TITLE CO., Kerrville, Texas. 3. Per the Plat ofBOX S ACRES SUBDIVISION recorded in Volume 3, Page 20, Plat Records ofKerr County, Texas, the Plat ofBOX S ACRES NORTH PASTURE SUBDIVISION recorded in Volume 3, Page 57, Plat Records of Kerr County, Texas, and the Restrictions of BOX S ACRES SUBDIVISION recorded in Volume 130, Page 344, Deed Records, Kerr County, Texas, and the Restrictions ofBOX S ACRES NORTH PASTURE recorded in Volume 145, Page 532, Deed Records, Kerr County, Texas, the access to Tract 18, BOX S ACRES SUBDIVISION, as platted and as may be replatted into more than one (1) tract but not more than three (3) tracts, is over the 60 foot wide Roadway Easement shown as "Box S Drive" on the Plat of BOX S ACRES SUBDIVISION recorded in Volume 3, Page 20, Plat Records, Kerr County, Texas, and the 40 foot wide Road and Utility Easement which lies on and across the South boundary of Tract 26 as shown on the Plat of BOX S ACRES NORTH PASTURE SUBDIVISION recorded in Volume 3, Page 57, Plat Records ofKerr County, Texas. FIDELITY ABSTRACT & T1Tl_E CO will not make an exception of lack of access on a policy. -1 I incorporate herein and make a part of this Affidavit the above referenced Plats recorded in Volume 3, Page 20 and Volume 3, Page 57, Plat Records of Kerr County, Texas, and the Restrictions recorded in Volume 130, Page 344 and Volume 145, Page 532, Deed Records of Kerr County, Texas." Further, Affiant sayeth not. ~C~=~i IMi<11E L. PESCHEL, AlTiant `~ d2t.~r+ PaRc t r~alio~,.~ w ~w F..XHIBIT "B" Page 1 of 2 Subscribed and sworn to before me, this ~ day of 1999. .•~jr ~~'•. ALLEM Q. OUNCAN, JR. +9; •"••. ~. Na.n vu~• ~'` d T"" ~ Notary Publ c, State of Texas • JULY 21, 2AOZ ••• ; .~~~ a ~~, STATE OF TEXAS § COUNTY OF KERB § Acknowledgment This instrument was acknowledged before me this ~ day of 1999, by JIIvIMIE L. PESCHEL, President ofFIDELITY ABSTRACT & TITLE ., on behalf of said Title Company, in the capacity therein stated. ~-~ At.LlN Q. OUNCAN, JR. a4. ~ : Nolary publk, 8Lb of Tis"~ •.!1~..~!• JULY 21,2002 .• of ,. Notary Public, State of Texas dzt~v9 EXHIBIT "B" P~Rc 2 r""~°""~"''~ Page 2 of 2 ,i _, - .:i .~ a. ~~3 ,, _~ ~.,..f~ I ~, Cn ~ C7 Cn z ~ D O O C Q ~ c r ~ ao c~ O z D -i v .. z --I Z = ~ --< v = ~ -v cn o " ~ n D O N ~~1 ~ ~ z ~O r c~ _. -- C v rn D J rn '' O ~ ~ ~~ o ~ ^-° ~ ~. p ~. ~ ~ ~~ O _o ~ N D W ~ (71 ~ ~~ ~ ^ ` , T v w ~~ .~~ . ~ C1 ~ O ~~ z p ~~ ~ ~ ~ -°o ~ -{ -v N D o c :r '' 'n O C7 _ O ~~ rn rn - o ~ X o ~ n o 8 ~ D z n ~ _ < ~ -~ o X C ~ ~ VJ ~ Z ~ D ~ rn ao~ ~ n or,-, x o ~ cn t ~:::. ~, t ~.} r i - ~ ~~ ~- :~: ~~ ti ~4 ~.:~~ ,~ ~ F . ~ ,, ; ,,n ~ ~ OK la ~-~ ~~:. • ~ ~.~1 '. 4 i.. ~.- C,i B e ~~ ~ ti ; ~ ~ t ~.. i. t ;.s s~D. 4 ~'~ ~f 'h ,~~ .I.~, ,r'{1 Y t ~~ a _{ t i ..' , ~~. t' i~'. ; `~ _ ~~ ~~ ~ . ~-=~ ~; ~ ~~ , r,s .~ ~'~~ ~ - > { ,:-a U=~ _ t~ _ ΅~ i i G - .1. ~~ 1 =~. ., . ~~ ,. 4„ y 1c .L r Y ~ r F "?; Xi M ~ \ ~'. ~. 1 t ry Y'. ~~i rid v F-1 6x i F i 'r t i 3~' ~ ~ '?~ z*t.~ F ~ ,~ .~,~~ ~ _ . ~:. S ~ L )> E ; -'lw 1A' 1 ~ ~4 ~ `~ 1 4d v ~, - q C w:.. V ,y ~;', ~ t `~' '~ , ~= ' -~ ', ~: t y~ c.~ ._ _ . t _. #`. ~ a - %` tip: ~~l'ut i .i ? Y } ~'" ~t ti ~ ~ ~: 12.,1 ~ + 4 G l ", ~ ,:~ ~:; . ~, ~:~ ; 4 Y ~. tip' ty ,. ~t-.. _ r. `.~ _ ~. _ t ~ _~?.Y ~ ~~; - ~:~ ::z . , s _ , =~ t~ H ^~6 "if° -._ . ~.., .°~,,`C ;~~ l`, ..~ ;, .'r ,C __, ~, b ~ 3 ~ 4 ~ ~ ~ ~ ~~ ~' ~ p3 `~~ A ~ r~ ~ gip' \~ D ~ ~ ~• C 1 `~ \0 ,~ .l`4 n~ ~ v ~ o ~~ ~~~,~. ~ ~ ~ ~ ~ ~ `~ `~ ~ A ~ o o ~ ~ ~ ~~ ~ mob ~~,, ~ ~ ~ ~ ww . y ~ ~ ~,~ ~ ~ ` • ~ ~~'~ ~ o " ~~ o: °o d ~:.. O s ~ C R ~ -y o ~ :.~ ~ sr ~ ~ ~, a~,:,, ` ~ ~ o, ~~ :~ ~o ~ ~ ~ w o . ~ ~, ~ `' ~ ~ V ~' ~ 2 ° ~ `~=+ Cn .93~- 1r O . Y ~ Vv . ~, Iv ,,~ ~ • "7 ~~;~ rrAAb ~ ~~ ~ ~ ~ ~ v, ~° ~ v, `~4 .` , - I ~ ~ j. ' / Ill ~~ # ~er ~' t`+ ~~ i •~ ~ y.. ~ .~ ,ynv *~1 :e ~ ~ J l ~ Y r : V • .a ~'~y ~ ~~-: X'~ '' .~ a" .~- '~ f. ~ . . Y w4 Q .~., 00 \y` -~' c~O `S~ ~S , ;~ 3 9S o ~tl. ~, '°b M ~~ . v ~ 3 ~'. --•~- ~ 9 94' ~Jn -1 ,~~. ~ f ~--r. 1111: .J~~'i:~,~'i l7~' 2~1:n.1i5 ; ' CU'J.yTY Ul' TC:'sitR: V~~.13 D P~6~ 3 ~~',.` ~•;r:::1'.l:;t~ ; , ~O}; 5 Li4i~17 CD_t Iuvl , T1~C. , i s ttlc owner in fee ' siili~ie of .s52 . u acres of 141;:: a:nicil it tici5 caused to be subdivido4 lir:C1V1" tiiC; Ilu:..J Oi ~~1:GS ~ ~~C:'~';;j'~ I;~ilCli 6:111 Lj0 OfC:reQ tO1'. & a le..:~ u~~s,;e i::i~ ('~(.;ii::1::..i ~,l:.ilic:, uill:l, it t 1; (: i.rl ;::iileu ~ _ lo;;l: .~.~ an orc:;:.rh~ aeva :c::t cZ1iCi u:~:: Oi :;i.:Cl 1.uI1Q5 1.1111 l;i:::i111C~: 'L'il C;v;SlY'i:t1J1111:~r arlci '(:l1G Vi1111C Gt t:iL: i..G11V11..L.i:l .LJL""::~ -~~ .._.... _._. - 1'. ~.i.) , i::if-~L' ~ Gi~A.a, 11.:IV.f :: ~J.a ~a+.aa. ~ /.~~_.-, .` ~ - __..~.- ..-. ...- .. r.. -- - ~. - ~ j•.~:. , uC11~.:a~ .~_- .a:~1C: L':1:1"~ii:~~.. i1.'a x::7:1:;1:1" i ~l-:~:1.:"l:::i..V c:::l_ ...liC:.C:~iL~.u, Cluccy .;.:i:tJ;~V' i..UC;;ii: Ll:c_ t~.liCt:il"'i; rC:;%r1C~1V~ CGVci:uiLS uI:CA liZ.G:';C: Z.1G Sullh: Uy0:1 t.al: riU::.bc:rei: lOt5 S:li,1:Ii Cll L'i:ii lilt GT :::.il(;. yui1C1V1S1G:1 1J.ilCC a~i`~G::ra OL rC:CO1C1 lii Volume 3 i~~c)o 20 , l:crL' c:GUllty plat P,~:co1Gs, ::uch rust-ricti~ns L•o :~a ~.nd - ° rer,3~ip couenarts running pith the land, arci corlsisti:u3 of tha _: :SGi; $ 1'.Cr~:S 15 l~i'i:i:l"1Ci:::.' ,:a:~ d ::.:,Sj.i.l~:Tl't:].ul ~l:~c~ 1"~:Ci'E:citiOllc.l. SL:J~11Vl:1Git ~i11CZ ia0 liuiilL~CiC:G lci~ Cll ~l:1~' i.;.1"t Gf alll :.Ui:JJ:::):f3C: lot aiiclll k~c: uSC:(1 1'Or ally .::11S11'1C:JJ Ur CGItL'1:CZC1C;1 ~:tirj'.O::L 6J:1atL'VCr. 1~0 tCrit Cr :ahclCl: :.:;l.~ll ~:-~; C::CCtCC.i Cit: i,:il'~/ ;~atti, t-71 L"l:C :';u)-ll.:, ~il1C~ i1G 1:1'Fill~?r 11C~:3:.i~ :i.1i/1.1 CV~:r l:rt~ 1d:aG(;1 i!S 11Vlll~j C~i:QrL'::rz; :i~Cit' i1i/~1GI1G . T1: CGI~:~:1'f.;l;i:'1'.~L.1 (1) t1o Ilousu sn311 i~c colis~ructccl on said lands or any hart tl"1::iC:Gf IrIi11Ch COntull:3 103:s +t:iuri i~OU .~`it_uilic: ~Ci;t OJ+ 11Vill~a yL al"ca GnC1USlV~ U y~.l'aCJe uflC:l liGrC}lES, aria t11C ::wr~1C :illill~. i!c: • 'Z c:al:::>:;:uci:cd oL- }~cl•l,,urlcri: tjt.~e 1-;atc--rials c~enorally erul.lu_/c:ci ii: r~~iGential structures. `1'1;. construction oil ally such c.tir.:llil:y or hou::e c;:c~~ cG::~:lcncc:u s-ia11 be dilic,c:ntly presecutcd to cor«<~letioll, ilicluGi-,~~ ti:e ~ aintiilr of all c:xpasou wccxien ~'ul l c:C t;;~ . ~a'~ iaC:i uucil ilO:1GC G." G'.tiC!llli"ti) S~lull hc~ I:C~LIlj7~~~:C~ 4dlt.'i fill "u:lu~rsre,allu sc~•~a,,e: ili: ~as~:i sye:ter,l, ti;c~ sank i:o bo iri::Lallcci l:: :~::ilCL i.iC:CCii.'l-: ,J1. i.. '~.1L t. c::i:G.::iai:ll::iltlGIl:i CAL' 1;110 1)~`~ X11 ::...~.:l;l: "'~, G:: :ala:llii. :1lJu ~....1 ~.1 ~,::: ..~ C:. 1. L: G/. 'a~.,Jii.1:i, l.iil:.ll,l~~:.il~_) 1'11 C.11:U{: ~'~~.130 e~:cluc:iay other provisioi:~ cf such rocor:rnendations, i'~ ~E ,~ 1/:S sufriciant tan:; a:.1 ciraii:-riolc: ca;~acity for the anticipateu use . No such scc~ac~e 415`)OS.:~1 system si1a11 be installoa bet~•~uen a nwollin; Douse and the .:.bores of the lakes showy. on said plat, cacol~t tli-ti1 t:~e k:rior written .GQnsez~t Af tho:- .•. S iii~idl Vl C.c 1' . ITi : isUUilDi:;:Y L'L' L ^sl:;-~:vC;:; ~?[~~ SUl'+i)IV1JIivG (i) ivo ua~cllincf or oih.;r structure shall Lc constructed :carer then forty (~0) f.:at from the slior.: of any lake nor __~.._r_..___ ne~•~r than forty (4u) ~c-et from any ~i:reet or zoady~ay, Wit~- out the prior tari-ti:::.n consent of trite urc:rrrsicncd subraivic.cr. `_ne r,iniu~u.-~ sice lin.: clearance small ac t~•ronty (2G) t.:et. (2) any nwwere~i lot may bo divioeri into not more t:~an three (3) tracts ~-na one (1) swelling rouse may be constructea '~~. on each of said tracts but no more. ~. , ~ ~.•''f.5`~• ;~*~~•~ TV: USE OF LAI:ES K•',~ t C:'~ ~ ' { ~y. • ~~ _ __ __ _ _ __ _ _ ..1(~'rrr.'S~i~-: ~.L. I/i~~i.l.a. uta4TL~~, n1 it_.,u~ICL•.Ati..LL~......1i-a~._ -_y~~i ... (1) 'i'he convcy~a:.ce cr a nur,~c.rcd lot~~hich includes u i_ porticl of a ial:~ :.•i:a11 carry ~vitl: it as a Part of the corveyar:ce tho privil~s~e or goi.~g upon aad using all of such lu;:c .ohetrier such privilege is expressed in the deed or not; a;.a every such iis~~~a;;rcu 'lot s;zall. L-e conveyed sui~ject to such l~rivilec~e on the ;part of the: ctv,:crs of other lots wiietner uuc,. resc:rvatiu,, i:~ ~xl~rc::::uu .iri ( ) '1'iiu I~Zivilc~~:: of uwinc~ a:: follows: __-__..__.. __, _ ~_. (u) i~o raotor sh411 be an electric motor horssl~owc:r. ::uch lc:lc~::; :;hall by li.a:itorl u$e.d oi; any boat except . of not greater than 1-1/2 (b) ~i'hc o~mer or any nun~ered lot may seta trot line on tizat portion of lake which lies witi~in the bounc:aries of lzis lot, but not in any other porticr. of the lake. (c) `l'ii~ unuersiun~cl, i3ox S Land Cony,~any, Inc., rc:scrvcs the ri~'izt to ,~o upon Lots ,dos. 3, 4, I lv, 11 ~u-.A 12 l:c~i l~url:~:,cs of n;.~i:~taii3it;~f tilt Y' ~ ~. ~yfar CJvT• J~ ~ r"~ ~ / c~~ Cic.i~l crci.:•ting "r~;~,;ln la1Ce" aI1Ci Iilalntallllnq , tre s ~i li;~; uy for t:1~; s arse as shown on the ~aici L.la-t. 3uiu lots shall b~ convcy~d .u;~ject to saic; cNs~:Irent tahetl,.er the ~~ur~;e La c~:i~r~::::C:ii in the uec:d;; or net; any any stzuct,~ eras l,~l::ccc,: t•~itl:il: said arc a5 Uy file on=ner or owners of such lots or any part of the salra shall ::e at the risl; of the onrncr or owners 4nd st;a ject ~o removal for ti;C purpose of this e asc:;:en i:. (4) `~-~r~o ~~Lra~in~,; or other ta};inr ,, o:. t•~atc.r pro;,, t:Ic -lake i, urc:ibi;:c:d except that tl:e san;.: .,;ay lac ta::en in il:c evc,lt of a fire w: ic:~ creates airy en-,erycne~.. (3) Lot .~o. ::iyrl~een (18) has llo lake frontage, and does net carry caith it file privileya to use ary part of said la;c.:s; a::ci tl,c: owner of u 211:~ri„•iCl'Cu 1G't Wlth irontaco on cne (1) la~:e a:1u11 IlOt 1/uVE: tl.:: jil"1V11(,cj~ ~:U U:;L a;iy other lali.:. `l: Frv 1• .~:L~LS ;, ~';le owner of any nuraberoa lot Ir~ay maintain thereon not more than two (2) ruing horses and tY:r~e (3) ~ sheep provided that the :ii.J11C i.l'C I~lialli'i:~.J111CU ].ll it 1L:J~I":C:Li ~l1iS~'l ~Illl~ l•Uill: ~I11~~ 11;1"I1 l)1' t'lll~'~-111 1111.U~1 I~rC/VlC.~(-:U ~.lJ~: J1U(:~J ~JI~.LJil.l.~.~i .L :. .11~~:•1 X1:(1 ~1 ~. .1'.1.11. Ii~~~Ii~l) l ~ 1 ~ ~/ct ~ ~.: from a,ly roaU and irol~l l-.lu: .;l:orc of ~u,y 'lake:. Ilou:~cllol~l ~1~.:tr, Illay 1~.~ kept, L- ut ;xot for uny cor„rr~orcial purZ~osc:a, and, except as providcci i. r. this section, no animals or fot•~l shall be kept. r ~ '+ ~• i VI: T12~1S1( i<1i~1) C:-~12:3AG13 .r c,.~rl~~c~~. uuall .~uL- La L' urncu or othc;rwi:;r, c~ill~.>oscd of on any part of t:le land, but t•~oGCI, le4vas, ra;;or a,-ld other readily canl- Lustible t:rasil play ,~e ;~urnca oll the prc:aiscs providedt that the sane is burrti,u iil all incinerator. VIT: rJ'1'ILZ'1'I:.;:i iLi~U :;UAll J,:1::;ir'J`:1VTS In auuition to tric cascrrcnt I«entioned in Pert C under IV ~.;~ovc, Lox S Lailu CG.;ll:an,~, Inc. , expressly reserves to itself for j _ ~r4 ~’ • ~ ~ • , a.~ F t •~_Tr. ~ ~~..: r s j .. ~ ri vaaa / '~/ / . 1.JCi.2i i.1tC:. 3.Lt_C'i.,"l:: tClC:~]a1G21C COii17i:in1C:S 14~:1Ch I'i.i,,~_~, S..:tV1C` t.:~:J JLi.~i.:1V1J1G•1 '~ ~ •' , i:a.C: (:..1:u ~.:,1t.il ~. :.Ca ]: G~ th 1 it t}iC'-, a:a1JOVL i".^.ii t- lOi1G..: plot; :..11Ci r~;:ili'V.::i tl) :~ ~:~;~;~~ iali.i 1Cr talc: U::.i, vl t}iC'. GIJ.:urS Ot' la,ttlC: li• L~;~ VL.:I,alVJ.J1Gj1, ~.1.C rca4l:4j ..:l::C:1..~:r1t.:, :+.lOlJll OYl,SSlCw r~lat.. ':nc ,_Grccoiiic;r~:;;:ri;:~l:iv;: cav~l:anL-s as ~•r,~ll as file uce o: (=~.SCi..c,r:tS l.tuy }~e enforc~c; Ly aiV 041i1c:r OL' land In 'C11E SUalilVlSlCn; ].:1C1UG11:C~ i.0i{ $ rJanC! CGi:tj~,.,iiz/, xilC., iry a :;uit 101" 111jiillCtlOri; c:l]d In (I(lu:.tl.Ora t0 'Ci1G -`'•p2ClilC CGVG11ant: S:t forth uijOVC, 1:OY S La:lli .,i. CGT'.auri~/, .L1:C. , Or Ota"IC:r 13rie otaner or C"7~:C~:, . ir. .:aid s:,:::uiv~.sion S :all :oVe tC.O ri5a:t: t0 n:c.l:ataill an ac:tl0:1 t0 d.'.~at~? ta''1@ C;:1StCnCi: t O~ 8 i1L'1S,:ai:C@ 1111?tiler StiaCll 1it113w'1C8 1S a VlOlcltlOil Oi: t11C L'C'Str.lCtiV\ CCy;;nul:tS Or llOt. a:..1T.C11^1:D this 19t:~1 Guy, of ::~ptcria~r, 1?. U. 107. .:G:i :.' L:•dn CG:~iP11iVY, I:IC. _ / .. 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PAGE s'3z RESTRICTIONS THE STATE OF TEXAS X 2~~ COUNTIES OF KERR AND GILLESPIE X ~7tiEREAS, IiOX S LAND COMPANY, INC. , is the owner in fee simple of 113.38 acres of land which it has caused to be subdivided under the name of "BOX S ACRES NORTH PASTURE" which will be offered for sale to the general public, and, Wl1EREAS, it has been determined that an orderly development and use of said lands will enhance the desireability and the value of the individual lots; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That SOX S LAND COMPANY, INC., acting by and trirough its officers thereunto duly authorized, does hereby adopt the following rostrictfve covenants and impose the same upon the numbered lots shown on the plat of said subdivision which appears of record in Volume 3, Page 57, Kerr County Plat Records, and in Volume 98, Page 510-517, Gillespie County Deed Records, such restrictions to be and remain covenants running with the land, and consisting of the following: I: GENERAL RESTRICTIONS Box S Acres Norrh Pasture is intended as a residential and recreational subdivision and no numbered lot or any part of any numbered lot shall be used for any business or commercial purpose whatever. No tent or shack shall be erected on any part of the same, and no trailer house shall ever be used as living quarters for anyone. II: CONSTRUCTION (1) No house shall be constructed on said lands or any part thereof which contains less than 1000 square feet of living area exclusive or garage and porches, and the same shall be constructed or permanent type materials generally employed in residential structures. Tae construction of any such dwelling or house once commenced shall be diligently prosecuted to completion, including the painting of all exposed wooden surfaces. YUt.. ~'~`' PAGE .s'j3 (2) Each such house or dwelling sriall be equipped with an underground sewage disposal system, the same to be installed in strict accord with the recommendations of the Department of Public Health of the State of Texas, including without excluding other provisions of such recommendations, sufficient tank and drain-field capacity for the anticipated use. III: BOUNDARY CLEARANCE AND SUBDIVIDING (1) No dwelling or other structure shall be constructed nearer than forty (90) feet from the shore of any lake nor nearer than forty (90) feet from any street or roadway, with- out the prior written consent of the undersigned subdivider. The minimum side line clearance shall be twenty (20) feet. (?) Any numbered lot may be divided into not more than three (3) tracts and one (1) dwelling house may, be constructed on each of said tracts, but no more. IV: ANIMALS The owner of any numbered lot may maintain theron not more than two (2) riding horses and three (3) sheep provided that the same are maintained in a fenced area and that any barn or outbuilding provided for such animals is located at least seventy five (75) feet from any road and from the shore of any lake. Household pets may be kept, but not for any commercial purposes, and, except as provided in this section, no animals or fowl shall be kept. V: TRASH AND GARBAGE Garbage shall not be burned or otherwise disposed of on any part of the land, but wood, leaves, paper and other readily combustible trash may be burned on the premises provided that the same is burned in an incinerator. VI: UTILITIES AND ROAD EASEMENTS Box S Land Company, Inc., expressly reserves to itself for the use and benefit of the electric telephone companies which may service this subdivision, the easement set forth in - voc. ~~s ~ eAC~ s~~ the above mentioned plat; and reserves to itself and for the use of the owners of land in the subdivision, the roadway • easements shown on said plat. VII: ENFORCEMENT • The foregoing restrictive covenants as well as the use of easements may be enforced by any owner of land in the subdivision; including Box S Land Company, Inc., by a suit for injunction; and in addition to the specific covenants set forth above, Box S Land Company, Znc., or other land owner or owners in said subdivision shall have the right to maintain an action to abate the existence of a nuisance wrether such nuisance is a violation of the .restrictive covenants or not. EXECUTED this 28th day of September, A. D. 1970. ~~~~~~~I BOX S L7~-ND COMP Y, INC. .,•' ~ •~~ p ~ , ',.c.~: • 4~P~ • .'%~' R. L. Sa ins, President •~',~~,, ~'AZ'~ST. 7 ~' ~ FILED FOR RECQRD • ``1'E l ~ P• j''l.- •it /y.( ~i~J ~~-{ ~•c.. ~ /, D 'GlnCk- ~ M. • ~1'••,, .•uarre G. Loc te, As tssi ant ' t'''"' secretary. $EP 28 197Q .. •, ~^ ~ THE STATE OF TEXAS X ~r County Court, err unty, (ex~~~ CO(MTY OF KERR X ~'~~"~ "eDu(Y BEFORE ME, the undersigned authority, in and for said County and State, on this day personally appeared R. L. Sabina, President of Box S Land Company, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Box S Land Company, Inc., a corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein ,..~,~,~•,~. rtaten. ~ ~' GIVEN UNDER MY HAND AND SEAL OF OFFICP, this ~ day ~'••'' ~ ~~-o,E.' September, A. D. 1970. . i ?• ,•,, ?\•~~ } `~ T0~ oar Pu ic~x County Texas • ~ ...... nc''r;; r 1t . ; ,. l~ile~l for record Serteml~er 28, 1970 at 1:4(1 o'clock I'. Dt. Rocorded Octobor 1, 1970 E!•:t~ilE M. AlUENKER, C1Qrk By ~ Deputy ...,..__