ORDER N0.~7518 RPPROVRL DF RE'P'LICATION TO CLOSE, RBRNDON, RND VRCR'TE R F'ORTIOhI OF LRRRY LRNE RND SET PUBLIC HERRING On this the ~'_cnd day of Rpr•il SS~02, ~!.pon motion made by Commissioner Aaldwin, seconded by C:ortimissioner Williams, the Coi_ir-t unanimously appr-oved by a vote of 4-~-0, to set; p~_iblic hearing on J~_~ne lath, Year ~00c, at 10 0' clock a. m. , here in Kerr County Commissioners Ca.irtroom for the p~`rpose of considering the amendment of the plat of Ker^r-ville South Rar~iches N~_imber- two for the p~ar•pose of closing, abandoning, and vacating the portion of Lar-r•y Lane. COMMISSIONERS' COURT AGENDA REQUEST ___ PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Franklin Johnston, P.E. MEETING DATE: AnrIl 22, 2002 OFFICE: Road & Bridge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider application to close, abandon, and vacate a portion of Lazry Lane as platted in Kerrville South Ranches No Two• and set public heazin¢ date for same if needed EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston P.E./L im LeMei 1~ v(4'j ESTIMATED LENGTH OF PRESENTATION: 10 minutes ~/~"~~~~~ ?`ti IF PERSONNEL MATTER -NAME OF EMPLOYEE: ~~ I ~ Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting 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 prepazed for the Court's formal consideration and action at time of Court Meetings. Yout cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. Kerrville South Ranches #2 -Property Owners From Kerr County Appraisal District Tax Records - 12/22/2001 Pro ert Owner Pro ert ID Numbers Harry L. Bailey 830574 268 NW 40a' Ter Deer Field Beach, FL 33442 Arlin Lee Blackstock 830584, 830585 1201 E. Ridgeway Kerrville, TX 78028 Donald Campbell Trust, ETAL 830617 5550 Waneta I Dallas, TX 75209 Phyllis Clarke 862520 1341 A Monroe Drive ~ Kerrville, TX 78028 Douglas M. Cooper c/o Alexander B. Clarke 830613 304 Broken Arrow Roswell, NM 88201-6704 William T. Cooper 830580, 830581 ~ 33 FerncliffRoad Bloomfield, NJ 07003 Nicholas M. & Dorothy A. Dalton 830579 3705 Cabeza De Vaca Circle Irvin , TX 75062-3842 Olivia Escobar 830629 201 S Taylor Rd, Lot 55 ~' McAllen, TX 78501 Wells T. Fielder 830625 ] 02 Mountain Drive Kerrville, TX 78028 Olivia G Flores 830604, 830605 718 Mountain Drive Kerrville, TX 78028 i Gerald A. Hansen 830601 12860 2T~ Dr ~I Wellborn, FL 32094-2146 Bennie & Shelia Harvill 830606 714 Mountain Drive Kerrville, TX 78028 Sydney Bynum Howlett 830597 4297 Wilson Lane Concord, CA 94521 Robert Jacks 830632 1208 Sidney Baker South Kerrville, TX 78028 Rowland R. Kemp 830577, 830588, 830589, 830590 206 Larry Lane I Kerrville, TX 78028 Page 1 of 3 Kerrville South Ranches #2 -Property Owners From Kerr County Appraisal District Tax Records - 12/22/2001 Robert C Klingeman 830592 i 1204 Monroe Dr Kerrville, TX 78028 Charles N. & Susan L. LeMeilleur 848716 780 Mountain Dr Kerrville, TX 78028 Myrtle Elizabeth Maier 830618 450 Mountain Dr Kerrville, TX 78028 Joshua & Sheila G. McCormick 830582 2 ] 1 Mack Hollimon ~ Kerrville, TX 78028 i Michael P. & Karen Leah McCune 830602 900 Mountain Drive Kerrville, TX 78028 ~ Earl McFarlain 830607 810 Church Street Jennin s, LA 70546 I Jerald W Sr. & Aura Myers 830616 514 Mountain Drive Kerrville, TX 78028 I Austin & Angela Osborn 830603, 830608, R4S707, 830609, 1405 Monroe 830627 Kerrville, TX 78028 William H. Oyler 830599 975 Barnett Kerrville, TX 78028 Rene or Lauren Perez 862521 ~ 1341C Monroe Drive ~ Kerrville, TX 78028 ~ Charlie Pride R30S76, R30S91, 830594 28081 Timberline San Antonio, TX 78260-1607 Donald J. Priour P.30586, 830587 i 1006 Monroe Dr Kerrville, TX 78028 ' David P. Reece 830620 204 Mountain Dr Kerrville, TX 78028 Rosemarie Repczynski 830583 411 Sailfish Lane, Ste 113 Free ort, TX 77541-9814 Nana Robinson 830610, 830611, 830612 10514 W Ridgeview Rd Sun Cit , AZ 853 5 1-2953 Page 2 of 3 Kerrville South Ranches #2 -Property Owners From Kerr County Appraisal District Tax Records - 12/22/2001 Charles Harry Rockey R30631 10 Canou Drive Manitou S rin s, CO 80829 William P. & Catherine Rogers, ETAL R30630 1207 Monroe Dr ~ Kerrville, TX 78028-7264 Roel & Bertha E. Rosales R61513 P.O. Box 291753 Kerrville, TX 78029 Richard W. Rubright R30595 1234 Monroe Drive Kerrville, TX 78028 E.W. Sanford R30626 405 Fitch Kerrville, TX 78028 ~ Terry A. Sanford R30628 1407 Monroe Drive Kerrville, TX 78028 Eva Schmerber R30624 601 Buffalo Dr Kerrville, TX 78028 David Scholl R30593 1206 Monroe Dr Kerrville, TX 78028 Raymond A & Janice J (SC) Sheffield R30596 I 1401 Monroe Dr Kerrville, TX 78028 I Fen C. Taylor R30575 400 Larry Lane Kerrville, TX 78028 Ken & Janice Tyler R62519 ', 1341B Monroe Drive Kerrville, TX 78028 Ernest R. Wells R30578 390 Larry Lane ~ Kerrville, TX 78028 George L. & Sandra B. Ttees Williams R30619, R30623 P.O. Box 290212 Kerrville, TX 78029 Ann Wise R30598 2408 Yorktown, # 186 Houston, TX 77056 Twila G. & David G. Wortham R30600 ~ 133 ]Ridgeway Kerrville, TX 78028 Page 3 of 3 dalton.app TO THE HONORABLE COMMISSIONERS' COURT OF KERR COUNTY, TEXAS: NICHOLAS M. DALTON, DOROTHY A. DALTON, FEN C. TAYLOR, DOROTHY H. TAYLOR and WILLIAM T. COOPER (not joined herein by his spouse as the property hereinafter described constitutes hie separate property and estate and forms no part of any property owned or claimed by him as a homestead), respectfully make application to this Honorable Court for closure, abandonment and vacation of a portion of LARRY LANE, a roadway easement in Kerrville South Ranches No. Two, and for the cancellation of said portion of LARRY LANE, and respectfully show as pertinent facts the following: ONE Applicants NICHOLAS M. DALTON and wife, DOROTHY A. DALTON, are the owners in fee simple of Tract 33-C of said subdivision, hereinafter sometimes referred to as the DALTON TRACT. Applicants FEN C. TAYLOR and wife, DOROTHY H. TAYLOR, are the owners in fee simple of Tract 33-B of said subdivision, hereinafter sometimes referred to as the TAYLOR TRACT. Applicant WILLIAM T. COOPER is the owner in fee simple of Tracts 34-A and 34-B, hereinafter sometimes referred to as the COOPER TRACTS. None of said tracts are encumbered by any liens. Applicants FEN C. TAYLOR and wife, DOROTHY H. TAYLOR, and WILLIAM T. COOPER, own the land through which extends the portion of LARRY LANE sought to be canceled and abandoned. This Application is made to the dal[on.app Court under its general authority to close, abandon and vacate public roads under V.T.C.A. Transportation Code, Section 251.051 and/or pursuant to the provisions of V.T.C.A. Local Government Code, Section 232.008. TWO The official plat of the portion of said subdivision that covers the subject roadway is recorded in Volume 3, at Page 63, Kerr County Plat Records. Said plat contained thirty-six (36) tracts numbered 33-A through 50. The subject subdivision is located South of Kerrville, Texas, and is not within the corporate limits, but is in the extra territorial jurisdiction of the City of Kerrville. THREE The easement designated on the plat of said subdivision for access to the DALTON, TAYLOR and COOPER TRACTS is now known as LARRY LANE and was formerly known as Long Drive and Larry Drive. Said easement extends from Monroe Drive and dead ends at the DALTON TRACT. The portion of LARRY LANE that Applicants are requesting the County close, abandon, vacate and cancel is the portion of LARRY LANE that begins approximately where LARRY LANE intersects the common boundary line of the TAYLOR TRACT and Tract No. 33-A and extends to the DALTON TRACT where LARRY LANE dead ends. Beginning at Monroe Drive and extending for approximately 3/lOths of a mile, LARRY LANE is a paved road which has been maintained by the County. Beginning approximately with that portion of LARRY LANE that begins where LARRY LANE intersects the common boundary line of the TAYLOR TRACT and Tract No. 2 dalron.app 33-A, LARRY LANE has not been maintained by the County, but instead is a short private paved road and driveway for the TAYLOR TRACT. COOPER TRACT 34-B has access to the county maintained road, but COOPER TRACT 34-A and the DALTON TRACT have no road access. In addition, at present a fence and mailbox are constructed within the designated right-of-way. The Applicants and their tracts are the only ones who would be affected by the closure, abandonment, vacation and cancellation of said portion of LARRY LANE because LARRY LANE is not a through street and only the Applicants' tracts abut directly on and are served by said portion of LARRY LANE. FOUR The center line of the portion of LARRY LANE for which closure, abandonment, vacation and cancellation is being sought is also the boundary line between the COOPER TRACTS and the TAYLOR TRACT, so that 20 feet of the easement lies within the TAYLOR TRACT and 20 feet lies within the COOPER TRACT. FIVE The Applicants have agreed to a private road easement that would replace the portion of LARRY LANE for which closure, abandonment, vacation and cancellation is being sought. This private road easement would begin approximately where LARRY LANE intersects the common boundary line of the TAYLOR TRACT and Tract No. 33-A and would extend to the DALTON TRACT, a copy of which proposed Easement is being submitted to the Court with this Application. The Applicants hereby 3 dalton.app agree that upon the closure, abandonment, vacation and cancellation by the County Court of the portion of LARRY LANE herein requested, the County Clerk of Rerr County, Texas, is authorized to and shall immediately record said Easement in the appropriate records of Kerr County, Texas, at which time said Easement shall go into effect. SIX No utility easements are being proposed for closure, abandonment, vacation or cancellation. SEVEN If required to do so, notice of this Application will be sent to all of the property owners in said subdivision. PREMISES CONSIDERED, Applicants pray that notice hereof be published as provided in paragraph (c) of said Section 232.008, V.T.C.A. Local Government Code, which notice shall set a date during a regular term of the Court on which action is to be taken on this Application. Applicants further pray that the closure, abandonment, vacation and cancellation here prayed for be authorized. SIGNED this 18th day of March 2002. 4 dalmn.app THE STATE OF TEXAS THE COUNTY OF 'R?Gt,LC~ !~~' "I NICHOLAS M. DALTON 3705 Cabeza De Vaca Circle Irving, TX 75062-3842 DOROTHY A. DO ALTON 3705 Cabeza De Vaca Circle Irving, TX 75062-3842 5 5 This instrument was acknowledged before me on the /~ ~- day of 4~'!/`-~~'L- 2002, by NICHOLAS M. DALTON and wife, DOROTHY A. DALTON. ~~ (Seal) Notary Public, ate of Texas (fig i /~ rYao L ~ LEI. Printed or typed name of Notary "~,pooo - My Commission Expires: ~ OG °~ a4'n+>oe~ VESTA MOE4LER +. NOTARY PUBLIC ;~ ~ STATE OF TEXAS ~~a~ My Comm. Exp. 04-O6-OS dal[on.app THE STATE OF TEXAS THE COUNTY OF /dt7a 4 FEN C. TAYLOR 400 Larry Lane Kerrville, TX 78028 -~~~.~ /il Q~ 2G1 ~i~~ DOROTHY H.° TAYLOR 400 Larry Lane Kerrville, TX 78028 This instrument was acknowledged ,~ N4 day of ~Q~L , and wife, DOROTHY H. TAYLOR. before me on the 2002, by FEN C. TAYLOR I~IJ.l.(.!./L.~ r Notary Public, State of Texas .i ~'pr vu;G` RUTH MIKSCH . o : '*~ ~*' No'ary Publie, Shta of Texas iwa issan Ex C rl , '~^~ ~ p omm y ~:o.tE4~ MAY 22, 2003 6 Balton.app WILLIAM T. COOPER 33 Ferncliff Road Bloomfield, NJ 07003 THE STATE OF THE COUNTY OF 5 Thi~ instrument was ack owledged ~(O day of ~ , COOPER. (Seal) ~~~--/~ r~;~~~,~~r "so * ~~ ~~ « before me on the 2002, by WILLIAM T. ary Public, State f e~~NN[~7~.~/~ Printed or typed name of Notary My Commission Expires. ~ aPJ~~ SE4l ~ ~ ~ T19~~ ~' ~nrr~~ ~~~ ~ ~, ~Ni 7 Kerrville South Ranches #2 -Property Owners From Kerr County Appraisal District Tax Records - 12/22/2001 Pro a Owner Pro e ID Numbers Harry B ' ey R3 4 268 NW m Ter Deer F' d ach, FL 33442 Arlin Lee Blackstock 830584, 830585 1201 E. Ridgeway Kerrville, TX 78028 Donald Campbell Trust, ETAL 830617 5550 Waneta Dallas, TX 75209 Phyllis Clarke 862520 1341A Monroe Drive Kerrville, TX 78028 Douglas M. Cooper c/o Alexander B. Clarke 830613 304 Broken Arrow Roswell, NM 88201-6704 William T. Cooper 830580, 830581 33 FerncliffRoad Bloomfield, NJ 07003 Nicholas M. & Dorothy A. Dalton 830579 3705 Cabeza De Vaca Circle Irvin , TX 75062-3842 Olivia Escobar 830629 ZO1 S. Taylor Rd, Lot 55 McAllen, TX 78501 Wells T. Fielder 830625 102 Mountain Drive Kerrville, TX 78028 Olivia G. Flores 830604, 830605 718 Mountain Drive Kerrville, TX 78028 Gerald A. Hansen 830601 12860 27a' Dr Wellborn, FL 32094-2146 Bennie & Shelia Harvill 830606 714 Mountain Drive Kerrville, TX 78028 Sydney Bynum Howlett 830597 4297 Wilson Lane Concord, CA 94521 Robert Jacks 830632 1208 Sidney Baker South Kerrville, TX 78028 Rowland R. Kemp 830577, 830588, 830589, 830590 206 Larry Lane Kerrville, TX 78028 Page 1 of 3 Kerrville South Ranches #2 -Property Owners From Kerr County Appraisal District Tax Records - 12/22/2001 Robert C. Klingeman R30592 1204 Monroe Dr Kerrville, TX 78028 Charles N. & Susan L. LeMeilleur R48716 780 Mountain Dr Kerrville, TX 78028 Myrtle Elizabeth Maier R30618 450 Mountain Dr Kerrville, TX 78028 Joshua & Sheila G. McCormick R30582 211 Mack Hollimon Kerrville, TX 78028 Michael P. & Karen Leah McCune R30602 900 Mountain Drive Kerrville, TX 78028 Earl McFarlain R30607 810 Church Street Jennin s, LA 70546 Jerald W. Sr. & Aura Myers R30616 514 Mountain Drive Kerrville, TX 78028 Austin & Angela Osborn R30603, R30608, R45707, R30609, 1405 Monroe R30627 Kerrville, TX 78028 William H. Oyler R30599 975 Barnett Kerrville, TX 78028 Rene or Lauren Perez R62521 1341C Monroe Drive Kerrville, TX 78028 Charlie Pride R30576, R30591, R30594 28081 Timberline San Antonio, TX 78260-1607 Donald J. Priour P.30586, R30587 1006 Monroe Dr Kerrville, TX 78028 David P. Reece R30620 204 Mountain Dr Kerrville, TX 78028 Rosemarie Repczynski R30583 411 Sailfish Lane, Ste 113 Free ort, TX 77541-9814 Nana Robinson R30610, R30611, R30612 10514 W Ridgeview Rd Sun Cit , AZ 85351-2953 Page 2 of 3 Kerrville South Ranches #2 -Property Owners From Kerr County Appraisal District Tax Records - 12/22/2001 Charles Harry Rockey 830631 10 Canou Drive Manitou S rin s, CO 80829 William P. & Catherine Rogers, ETAL 830630 1207 Monroe Dr Kerrville, TX 78028-7264 Roel & Bertha E. Rosales 861513 P.O. Box 291753 Kerrville, TX 78029 Richard W. Rubright 830595 1234 Monroe Drive Kemille, TX 78028 E.W. Sanford 830626 405 Fitch Kerrville, TX 78028 Terry A. Sanford 830628 1407 Monroe Drive Kemille, TX 78028 Eva Schmerber 830624 601 Buffalo Dr Kerrville, TX 78028 David Scholl 830593 1206 Monroe Dr Kerrville, TX 78028 Raymond A & Janice J (SC) Sheffield 830596 1401 Monroe Dr Kerrville, TX 78028 Fen C. Taylor 830575 400 Larry Lane Kerrville, TX 78028 ___ Ken & Janice Tyler 862519 1341B Monroe Drive Kerrville, TX 78028 Ernest R. Wells 830578 390 Larry Lane Kerrville, TX 78028 George L. & Sandra B. Ttees Williams 830619, 830623 P.O. Box 290212 Kerrville, TX 78029 Ann Wise 830598 2408 Yorktown, #186 Houston, TX 77056 Twila G. & David G. Wortham 830600 1331 Ridgeway Kerrville, TX 78028 Page 3 of 3 aalconea THE STATE OF TEXAS ( THE COUNTY OF KERR KNOW ALL MEN BY THESE PRESENTS: FEN C. TAYLOR and wife, DOROTHY H. TAYLOR, hereinafter sometimes referred to as TAYLOR, whether one or more; WILLIAM T. COOPER, hereinafter sometimes referred to as COOPER, not joined herein by hie spouse as the property hereinafter described constitutes his separate property and estate and forms no part of any property owned or claimed by him as a homestead; and NICHOLAS M. DALTON and wife, DOROTHY A. DALTON, hereinafter sometimes referred to as DALTON, whether one or more; convey reciprocal easements to each other, as follows: Recitals TAYLOR, COOPER, and DALTON all own property in Kerrville South Ranches No. Two, a subdivision of Kerr County, Texas, according to the plat of said subdivision of record in Volume 3, Page 63, Plat Records of Rerr County, Texas. TAYLOR owns Tract No. 33-B of said aubdiviaion, herein- after sometimes referred to as the TAYLOR TRACT. COOPER owns Tracts No. 34-A and 34-B of said subdivision, hereinafter sometimes referred to as the COOPER TRACTS. DALTON owns Tract No. 33-C of said aubdiviaion, hereinafter sometimes referred to as the DALTON TRACT. The plat of said subdivision shows a forty (40') foot wide road easement, a portion of which provides access to the said TAYLOR, COOPER and DALTON TRACTS. This easement is now known as LARRY LANE and was formerly known as Long Drive and Larry Drive. The center line of such portion of LARRY LANE lies along the common boundary line of the TAYLOR TRACT and COOPER TRACTS, so that 20 feet of said easement lies within the TAYLOR TRACT and 20 feet lies within the COOPER TRACT. Kerr County maintains LARRY LANE to a point which is approximately where LARRY LANE intersects the common boundary line of the TAYLOR TRACT and Tract 33-A, but the County does not maintain the portion of LARRY LANE easement that extends through the TAYLOR and COOPER TRACTS and dead ends at the DALTON TRACT. At present the TAYLOR TRACT is served by a short private paved road and driveway which lies partly within the designated right-of-way easement and partly outside the designated right-of-way easement. COOPER TRACT 34-B has access to the county maintained road, but COOPER TRACT 34-A and the DALTON TRACT have no road access. If LARRY LANE were to be extended according to County specifications on the designated right-of-way easement shown on the plat it would require the destruction of a number of large live oak trees and the removal of TAYLOR's fence and mailbox. 2 TAYLOR, COOPER and DALTON have petitioned Kerr County to close, abandon, vacate and cancel that portion of LARRY LANE beginning approximately where LARRY LANE intersects the common boundary line of the TAYLOR TRACT and Tract No. 33-A of said subdivision and extending through the TAYLOR and COOPER TRACTS to where LARRY LANE dead ends at the DALTON TRACT. In the event the County does close, abandon, vacate and/or cancel said portion of LARRY LANE, TAYLOR, COOPER and DALTON will need a private road easement to provide them with access to their tracts. TAYLOR, COOPER and DALTON consider that it would be essential for themselves and their properties to have a forty £oot (40') wide private road easement in the same location as that portion of LARRY LANE for which closure, abandonment, vacation and cancellation is sought and to have an agreement as to the construction and maintenance of the road, and moreover, they desire to have the mutual and reciprocal right to use said easement located on the properties of each other so that the enjoyment of the road easement may be shared by TAYLOR, COOPER and DALTON and their respective heirs, successors, assigns, and successors in title to all or part of Tract Nos. 33-B, 33-C, 34-A and 34-B of said Kerrville South Ranches No. Two, their tenants, lessees, agents, employees, guests, and invitees, and the guests and invitees of tenants and lessees residing on said respective properties: 3 IT IS THEREFORE AGREED, in consideration of the grants and agreements made herein: Conveyance FEN C. TAYLOR and DOROTHY H. TAYLOR hereby GRANT and CONVEY to the said WILLIAM T. COOPER, and NICHOLAS M. DALTON and wife, DOROTHY A. DALTON, the perpetual free and uninterrupted use, liberty and privilege and easement of passing in and along a certain way described as follows: Being a strip of land twenty feet (20') feet in width which extends across the southeast boundary of said Tract No. 33-B for its entire length, and said way being that portion of what was the northwest twenty feet (20') of LARRY LANE as it extended through Tract No. 33-B, and ^ being the northwest twenty feet (20') of that certain forty £oot (40') wide roadway easement herein created, the centerline of which roadway easement marks the southeast boundary line of said Tract No. 33-B, and which centerline is also the common boundary line between Tract No. 33-B and Tract Nos. 34-A and 34-H, of said Kerrville South Ranches No. Two; together with perpetual free ingress, egress, regress, to and for the said WILLIAM T. COOPER, and NICHOLAS M. DALTON and wife, DOROTHY A. DALTON, by foot, by automobiles, trucks, carriages, with all types of livestock and any other vehicles or modes of transportation as shall by them be necessary or convenient for access to said Tract Nos. 33-B, 33-C, 34-A and 34-B, and at all times and seasons forever, in, along, upon and out of said way, in common with the said FEN C. TAYLOR and DOROTHY H. TAYLOR. 4 TO HAVE AND TO HOLD all and singular the rights and privileges aforesaid, to them, the said WILLIAM T. COOPER, and NICHOLAS M. DALTON and wife, DOROTHY A. DALTON, their heirs and assigns, to their proper use and behoof, in common with the said FEN C. TAYLOR and DOROTHY H. TAYLOR, their heirs and assigns and their tenants. Conveyance WILLIAM T. COOPER hereby GRANTS and CONVEYS to the said FEN C. TAYLOR and wife, DOROTHY H. TAYLOR, and NICHOLAS M. DALTON and wife, DOROTHY A. DALTON, the perpetual free and uninterrupted use, liberty and privilege and easement of passing in and along a certain way described as follows: Being a strip of land twenty feet (20') feet in width which extends across the northwest boundary of said Tract No. 34-A for its entire length, and across the portion of Tract No. 34-B that adjoins Tract No. 33-B, and said way being that portion of what was the southeast twenty feet (20') of LARRY LANE as it extended through Tract Nos. 34- A and 34-B, and being the southeast twenty feet (20') of that certain forty foot (40') wide roadway easement herein created, the centerline of which roadway easement marks the southeast boundary line of said Tract No. 33-B, and which centerline is also the common boundary line between Tract No. 33-B and Tract Nos. 34-A and 34-B, of said Kerrville South Ranches No. Two; together with perpetual free ingress, egress, regress, to and for the said FEN C. TAYLOR and wife, DOROTHY H. TAYLOR, and NICHOLAS M. DALTON and wife, DOROTHY A. DALTON, by foot, by 5 automobiles, trucks, carriages, with all types of livestock and any other vehicles or modes of transportation as shall by them be necessary or convenient for access to said Tract Nos. 33-B, 33-C, 34-A, and 34-B, and at all times and seasons forever, in, along, upon and out of said way, in common with the said WILLIAM T. COOPER. TO HAVE AND TO HOLD all and singular the rights and privileges aforesaid, to them, the said FEN C. TAYLOR and wife, DOROTHY H. TAYLOR, and NICHOLAS M. DALTON and wife, DOROTHY A. DALTON, their heirs and assigns, to their proper use and behoof, in common with the said WILLIAM T. COOPER, his r heirs and assigns and his tenants. Successors and Assigns The easements and rights granted by this Agreement and the obligations set forth herein shall bind and inure to the benefit of TAYLOR, COOPER and DALTON and their respective heirs, successors, assigns, and successors in title to all or part of said Tract Nos. 33-B, 33-C, 34-A and 34-B, and tenants, lessees, agents, employees, guests, and invitees, and the guests and invitees of tenants and lessees residing on said respective properties. Maintenance and Use 1. For the benefit and use of all of the parties hereto, DALTON will be entitled to improve the easement by the 6 construction of a twelve foot (12') wide road beginning at the point where Kerr County ceases to maintain LARRY LANE and extending along and over the forty foot (40') wide road easement above granted through the TAYLOR and COOPER TRACTS to where said easement ends at the DALTON TRACT, together with a thirty-five foot (35') diameter turn-around at the end of said easement from which the DALTON driveway will be built. This road is shown on attached survey plat prepared by Gary Brandenburg, Registered Professional Land Surveyor No. 5164, dated November 6, 2001. 2. The coat of the construction of said twelve foot (12') wide road will be borne by DALTON and said road shall be paved with asphalt material and shall have a good quality base and good drainage. 3. DALTON may trim such limbs and branches of existing trees as are necessary for the construction and maintenance of said road, but will construct the road in such a location so that the removal of whole trees will not be necessary. 4. TAYLOR'S mail box will be allowed to remain at its present location. 5. TAYLOR'S rail fence will have to be removed or altered, the cost for which will be borne by DALTON. 6. Once construction is completed, any future maintenance of the road and underlying easement will be borne by the owners of the TAYLOR, COOPER and DALTON TRACTS as follows: 7 Any owners having a driveway access to said road shall be responsible for maintenance on a shared basis. The existing TAYLOR driveway is exempt from this provision. Effective Date This easement will become effective upon the recording of this document by the County Clerk of Kerr County, Texas, in the appropriate records of said County. EXECUTED this 18th day of March THE STATE OF TEXAS THE COUNTY OF ~u« 2002. /~~"/ NICHOLAS M. DALTON 3705 Cabeza De Vaca Circle Irving, TX 75062-3842 ~77v-----~ i ~ rs ~~ DOROTHY A.ODALTON 3705 Cabeza De Vaca Circle Irving, TX 75062-3842 5 5 This instrument was acknowledged before me on the ___Ld` _____ day of _1h2cCGt=___________, 2002, by NICHOLAS M. DALTON and wife, DOROTHY A. DALTON. ~~w~. (Seal) Notary Public, St a of Texas ooocx:~.~ r =o«p11Oe~ VESTAMOELLER VES'ii} 4nBE{-LE~ ~®~ NOTARYPUBIIC printed or typed name of Notary •. STATE OF TEXAS OU- cl ~ - '?oc ~' My Comm. Exp. 04-06-OS My Commission Expires: ~ ~ ~ 8 FEN C. TAYLOR 400 Larry Lane Kerrville, TX 78028 _~~.a°, . . ~~~, DOROTHY H. AYLOR 7 400 Larry Lane Kerrville, TX 78028 THE STATE OF TEXAS § THE COUNTY OF 1~ER1L § This instrument was acknowledged before me on the __~~~~ day of 2002, by ~ ---- FEN C. TAYLOR and wife, DOROTHY H. TAYLOR. (Seal) _ --• Notary Public, State of Texas • •1~e~ru; ••, RUTH MIKSCH ~V~ ~~~~d +°: • GO •• No ary Public, Sute of Texas -- // :*. •*~ ~dy Commiss'ron Expires Printed or typed name of Notary :'"~~•'ti. MAY 22, 2003 ^ •.+,EOF.r,~• My Commission Expires • S 2.2-03 9 ~p~~~~ WILLIAM T. COOP 33 Ferncliff Road Bloomfield, NJ 07003 THE STATE OF THE COUNTY OF `i~%~Z~~P/~ _--- 5 5 Thia i,~strument was ackn~~o~~wl~~ed//~~ged before me on the _~~~_{----- day of~~`_vr~'~ --------' 2002, by WILLIAM T. COOPER. ry Public S ate of -~~~ DSrt Nrt~b' G iP~ .~••-a•-._ 9., Printed or typed name of Notary r ~';~t`l'~~~3.~; ':?F a ,kafre ~, ~ 4~ '`~......~ ~j ~ My Commission Expires• ~~~`~~~ After recording return co: M[. Nicholas M. Da1COn 305 Cabeza De Vaca Circle ~- lrving, 'fX X5062-3842 car- :;_-~T~. t!Y C~rmdD~ia~ 'Ex~ ~rs• ~ 24, 2'TM~d i 10 i I ~ IRACI .S.i U 1RAC1 3.i f. 6 acres kXnlmy Pavad Aren Z ~ Nicholas M. Unllan and laylm Inslde road n hl-ol wa y y 'Pw Uoralhy A Oallan o~ Proposed 3'i II dla. turn around C.luslel al r ~ S 48°30'00" W 451.52' Lurye Llve Ouks `~. ~ ``d'~' "°""°~ ~, ° ' LARRY LANE 207 AC. arye rve a •~ ~ ~~ ~ N48'31'00'W N48 30 0 ~ ~ ~ mudbo>< ~ N A ~6'S 334.14' 0.068 Ac. 0 40 Fl wU R.D w 0.154 C. proposed drain pipe un el wo ~ N 41'30'00' W $ `"I' T 1Pharod N 48°30'00" E 160.50' N 48°30'00" E 8 63' Proposed 17 II 3 . wd. dnvewuy ~ ~ 0.429 AC. (total ROW abandoned) Exls Ing rod lence In Basemen( will Exlshng Counly be rerrlaved for clearance y a N 48°30'00" E 499.13' I raved Raad ' w PROPOSED 17 f( WD. kOAD SURFACE 1RAC1 34 A / `D 1RAC1 34 i g r ~ 1 aue~' lurye Erve Oak E>