~~ Zz03 ~. Z3 COMMISSIONERS COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Dave Nicholson MEETING DATE: September 22. 2003 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Commissioner, Precinct 4 TIME PREFERRED: Consider and discuss 2.1 acres of land out of survey 656 owned by Kerr County and transferring said acreage to the Mountain Home Volunteer Fire Department and authorize the County Judge to sign appropriate papers. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Pct. #4 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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 as 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 information has been prepared for the Meetings. Your cooperation will be addressed at the earliest opportunity. Court. by the County Judge's Office to determine if adequate Court's formal consideration and action at time of Court appreciated and contribute towards you request being See Agenda Request Rules Adopted by Commissioners' County Judge and Commissioners: This agenda item is to transfer 2.1 acres of land, owned by Kerr County, to the Mountain Home Volunteer Fire Department. This land is located on Highway 27 in Mountain Home and is contiguous to the MHVFD property. This property was purchased by the County in 1950, and leased to TxDOT for 20 years ending in 1970 and then for another ZO years ending in 1990. TxDOT used this ,parcel in connection with the building and maintaining West Kerr state highways. Our R&B department has used it intermittently since then to store material. The parcel has a dilapidated building on it. In meetings with me, Len Odom, Fire Chief Travis Hall and David Motley, we worked out a proposal to transfer ownership to MHVFD in exchange for beneficial use of the property by the County R&B Department. MHVFD department can make good use of the property and needs ownership so that they can spends funds to rehabilitate the building and make other improvements. Among other benefits to the County, the R&B Department will erect a water tank on the property to be used by R&B for road construction and repair, MHVFD has arranged a water supply. I see this as a win/win between two taxpayer-supported organizations. #4 .:..~ ~ - § 263.152. Disposition (a) The commissioners court of a county may: (1) periodically sell the county's surplus or salvage property by competitive bid or auction, except that competitive bidding or an auction is not necessary if the purchaser is another county or a political subdivision within the county that is selling the surplus or salvage property; (2) offer the property as a trade-in for new property of the same general type if the commissioners court considers that action to be in the best interests of the county; or (3) order any of the property to be destroyed or otherwise disposed of as worthless if the commissioners court undertakes to sell that property under Subdivision (1) and is unable to do so because no bids are made. (b) If the property is earth-moving, material-handling, road maintenance, or construction equipment, the commissioners court may exercise a repurchase option in a contract in disposing of property under Subsection (a)(1) or (a)(2). The repurchase price of equipment contained in a previously accepted purchase contract is considered a bid under Subsection (a)(1) or (a)(2). (c) The commissioners court may dispose of property under Subsection (a)(3) by donating the property to a civic or charitable organization located in the county. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 61(b), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 416, § 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 237, § 1, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 746, § 5, eff. Aug. 28, 1995. Amended by Acts 1999, 76th Leg., ch. 254, § 1, eff. May 28, 1999. http://www.capitol.state.tx.us/statutes/Ig/Ig0026300.html 9/11/2003 ,;, ~ _ _ ~ _ _.__~ , , ~ ~. ..._..,~. ti ..,... ~....._ .,.. ~._~, H.B. No. 970 AN ACT relating to the donation by a county of salvage and surplus property to a civic or charitable organization. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 263.152(a), Local Government Code, is amended to read as follows: (a) The commissioners court of a county may: (1) periodically sell the county's surplus or salvage property by competitive bid or auction, except that competitive bidding or an auction is not necessary if the purchaser is another county or a political subdivision within the county that is selling the surplus or salvage property; (2) offer the property as a trade-in for new property of the same general type if the commissioners court considers that action to be in the best interests of the county; [,c,~] (3) order any of the property to be destroyed or otherwise disposed of as worthless if the commissioners court undertakes to sell that property under Subdivision (1) and is unable to do so because no bids are made; or (4) dispose of the property by donating it to a civic or charitable organization located in the county if the commissioners court determines that: (A) undertaking to sell the property under Subdivision (1} would likely result in no bids or a bid price that is less than the county's expenses required for the bid process; (B) the donation serves a public purpose; and (C) the organization will provide the county with adequate consideration, such as relieving the county of transportation or disposal expenses related to the property. SECTION 2. Section 263.152{c), Local Government Code, is repealed. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. President of the Senate Speaker of the House I certify that H.B. No. 970 was passed by the House on March 31, 2003, by the following vote: Yeas 143, Nays 0, 1 present, not voting. http://www. capitol . state.tx.us/cgi-bin/tlo/viewtext. cmd?LEG=78& SES S~R&CHAIViBER=... 9/11 /2003 „ _ - v.'. . `..~.~ ..._..~ 7 i ~ .~..._........,.. Y ....~~.,.,._. ...~...... ._ Chief Clerk of the House I certify that H.B. No. 970 was passed by the Senate on May 1, 2003, by the following vote: Yeas 31, Nays 0. Secretary of the Senate APPROVED: Date Governor http://www. capitol.state.tx.us/cgi-bin/tlo/viewtext.cmd?LECr=78&SESS=R&CHAMBER=... 9/11/2003 ~' HB 970 Adobe PDF Text Menu Full Screen TLO Home ~~• , http://www. capitol.state.tx.us/cgi-bin/tlo/textfrmt.cmd?LEC~78&SESS=R&CHAMBER=... 9/11 /2003 ., ,.,t..... - , ,.. ~, - ... , , ~ .~ .....~ ._ S Committee report printed and distributed 07:59 PM 04/15/2003 0 S Placed on local & uncontested calendar 04/30/2003 0 S Placed on intent calendar 05/01/2003 0 S Laid before the Senate 05/01/2003 1232 S Read 2nd time & passed to 3rd reading 05/01/2003 1232 S Three day rule suspended 05/01/2003 1232 S Record vote 05/01/2003 1232 S Read 3rd time 05/01/2003 1232 S Passed 05/01/2003 1232 S Record vote 05/01/2003 1232 H Senate passage reported 05/01/2003 2268 H Reported enrolled 08:33 PM 05/01/2003 2374 H Signed in the House 05/02/2003 2371 S Signed in the Senate 05/05/2003 1288 E Sent to the Governor 05/05/2003 2514 E Signed by the Governor 05/15/2003 3193 E Effective immediately 05/15/2003 0 http://www.capitol.state.tx.us/cgi-binldb2www/tlo/billhist/actions.d2w/report?LEC~78&5... 9/11/2003 .. ~..~:.: ....~..o..r...,...., t. .............. ~ _ ..~. ... .... .,. _. ,, . _ __.._ _ ~~~°~~~ ~~~~~ Texas Le islature Onhirce ' / Srnrnty-Ei~kt~ Le~isfature - Home :Legislation :Bill Status :Actions Q Actions History • Text • Actions • Captions • Companion • Authors • Coauthors • Next Bill Bill: HB 970 - Legislative Session: 78{R) Sort actions by: Past to Recent (Ascending) ~ Recent to Past (Descending) DESCRIPTION COMMENT DATE JOURNAL PAGE H Filed 02/13/2003 0 H Read first time 02/19/2003 369 H Referred to County Affairs 02/19/2003 369 H Scheduled for public hearing on .... 03/05/2003 0 H Considered in public hearing 03/05/2003 0 H Testimony taken in committee 03/05/2003 0 H Left pending in committee 03/05/2003 0 H Considered in public hearing 03/12/2003 0 H Reported favorably w/o amendment(s) 03/12/2003 0 H Comte report filed with Committee Coordinator 03/14/2003 607 H Committee report printed and distributed 09:00 AM 03/17/2003 0 H Committee report sent to Calendars 03/17/2003 0 H Considered in Calendars 03/20/2003 0 H Placed on General State Calendar 03/24/2003 0 H Read 2nd time _ 03/24/2003 754 H Passed to engrossment 03/24/2003 754 H Read 3rd time 03/31/2003 1087 H Passed 03/31/2003 1087 H Record vote RV#147 03/31/2003 1087 H Statement(s) of vote recorded in Journal 03/31/2003 1088 H Reported engrossed 02:40 PM 03/31/2003 1161 S Received from the House 04/01/2003 763 S Read first time 04/07/2003 845 S Referred to Administration 04/07/2003 845 S Scheduled for public hearing on ..... 04/14/2003 0 S Considered in public hearing 04/14/2003 0 S Testimony taken in committee 04/14/2003 0 S Reported favorably w/o amendments 04/15/2003 1001 S Recommended for~local & uncontested calendar 04/15/2003 0 http://www.capitol. state.tx.us/cgi-bin/db2www/tlo/billhist/actions.d2w/report?LEC~78&S... 9/11 /2003 10i24i01 10:23 KERRVILLE:AOiMAINT -~ 6968481 T~zaa D~partm~nt of TranaportatiOn TO: Mr. Roger Williams Maintenance Division No.e2~ oat ..., ~. I creme= ~- nnEnno~~~u~ ~RIC~~~~$AL TQ BE FiI.EO DATE: June 2, 2008 FROM: John 8ohuslav, P.E. Originating Office: pirector of Maintenance San Antonio Oist. Maim. SUBJECT: Remove TxiDUT Land and Buildings from tnventary Mountain Home MslntQnance Site The Mountain Home maintenance site on SH 27 near SH 41 was located an land owned ay Kerr County and leased to TxDOT for use. This tease agreement was a 20 year lease beginning on November 1, 1950 and ending on November 1, 1970, with an option to renew the lease for an additional 20 years. By letter, dated September 17, 1970, from the San Antonio. District Engineer, the lease was ren®wed for an additional 20 years to end on November 1, 1890. As of November 1, 1990, the lease agreement with Kerr County was terminated, and this propeRy is now under the ownership and control of Kerr County. All TxDOT property boated on the site was removed and the remaining buildings and facilities are now under the ownership and control of Kerr County. Thus, we are sending this memo to request that you remove the following land and buildings from TxdOT inventory records. Mountain Hom• Maintenance Site, SH 27 near SH 41, Kerr County. Lease terminated on November 1, 1990. Site Number. 159897 Building Numbers: 168013 (Sub-Section Warehouse). cc: Mr. John Saldana Mr. Juan Zaragosa Mr. Jahn Kelly Mr. Jim Shiller ~.. ---. _...-.. .. - ----- -- .. Mr. Elias .limenez P~.~. Fax Nae 7871 °rv_~v_ ~ o~' Mr. Bill Tucker ro ~ ~ ~ Mr. Wayne Peht ~ ~. co.laept ~ 2oa a 1 ~j,'ar Tx T C:lmounthvme.doc o„N,e , Phor,. r this da.y personally appeared D. Mack Stewart known to me to be the person whose name is sub- ~' ''~ scribed to the foregoing instrument and acknowledged to me that he executed the same °or the •a w :;« ~ purposes sad consideration therein expressed. Given under my hand and seal of office, this 2j ,~~: day of November, A. D. 1946. J. C. Turner ~~ (SEAL) Notary Public, Jones County, Texas THE STATE OF TEXAS ) COUNTY OF KERB ( BEFORE ME, the undersigned authority in and for Kerr County, Texas, on this day personally appeared Zera Stewart, wife of D. Mack Stewart known to me to be the person whose name is subscribed r,o the foregoing instrument and having been examined by me privily and r apart from her husband and having the same fully explained to her, the said Zero Stewart ' acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. Given under my hand and seal of office, this 22nd day of November, A. D. 19b6. .J, R. Smith (SEAL) Notary Public, Kerr County, Texas. Filed for record Nov. 29, 1946 at 3:45 o'clock P. M. Recorded November 30th, 1946 at 3:30 o'clock P. M. ~" ~ /~„ 1~ ~ ~R J~n~M 7~R ~~1~ WARRANTY DEED THE STATE OF TEXAS COUNTY OF K E R R KNOW ALL MEN BY THESE PRESENT3s That we, Mrs. F. E. Duderstadt; Johnnie Belle Duderatadt Martin and husband, Vann Martin of the County o! Kimble, Texas; Leona Duderstadt Ellebracht and husband, Alfred Ellebracht, and J. P. Duderatadt o! the County of Kerr, State o! Texas !or and in consideration o! the sum of Twenty-Six Hundred and Fifty and No/100 ($2650.00) Dollars to ua in hand paid by Kerr County, the receipt of which is hereby fully acknowledged and confessed; have Granted, Sold and Conveyed, and by these presents to Grant, Sell and Convey unto the said Ksrr County of the County of Kerr, State of Texas all that certain tract of parcel of land lying and being situated within the County of Kerr, State o! Texas, being Two and One-tenth (2.1) acres of land, more or leas, out of Survey No. 656, in the name of John Billings, described as follows, to-wit: BEGINNING at a point in the EaaL boundary line of the T. A. Dowdy Survey No. 1922, which point is South 1746 feet from its N. E. corner; Thence S. $7. 33' B, 321.0 lest to stake set in field for corner; Thence N. 6. 15' E. 130' to stake set for corner in a curred boundary line whose radius ia, 1970 feet and whose immediate tangent bears N. 89• j2• w; Thence in a Northwesterly direction along acid curre wlth its unilora and contiauoua deflection 47S' to a stake, set in the Boat boundary .. _. line of aforementioned Dowdy Survey; Thenoe South along said E. boundary line 470.2 feet to "piece of beginning. TO HAtB AND TO HOLD the above described premises, together with all and singular the rights and appurteaenoea thereto in anywise belonging unto the said Kerr Coin y, and assigns forever and we do uereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said Kerr County, and assigns, against every person whomsoever lawfully olaimiag or to claim the same, or any part thereof. Witness our hands at 8errville, Texas, this 9th day of February, A. D. 1946. Leona Duderatadt Ellebracht Alfred Ellebracht J. F. Duderatadt L[ra. F. E. Duderatadt Johnnie Halle Duderatadt lAartia Vann Itartia THE STATE OF TEXAS ) COUNTY OF KERR ( BEFORE 1Dr, Jno. R. Leavell, County Clerk in and for said County and State, on this day pe rsonally appeared Alfred Ellebracht known to me t o be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he exec~ited the same for the purposes and coagideratioa therein expressed. Given under my hand and seal of office this the 9th day of February, A. D, 1946. Jno. R. Leavell (SEAL) County Cleric in end for Serr County, Tezas. TLD! STATE • OF T87~AS COUlPt'Y OF KERB ( BEFORB 1~, Jno. R. Leavell, County Clerk in cad !'or said County and State, on this day personally appeared Leona Duderatadt Ellebracht, wife of Alfred Ellebracht known to me to be the person ~oae name is subscribed to the foregoing instrument, and having been ezamined by me privily and apart from her husband and having the same fully explained to her, she, the said Leona Duderatadt Ellebracht acknowledged such instrument to be her act sad deed, and she declared that she had willingly signed the same for the purposes and consider- ation `.herein ezpressed, and that she did not wish to retract it. Given under my hand and seal of office this the 9th day of February, A. D. 1946. (SEAL) Jao. R. Leavell County Clerk in sad for Kerr Gouaty, Texas. TFBr STATE OF TE7CAS COU"1TY OF KITdBLE ) BEFORE U~, the undersigned, a Notary Public in a~a°^^ said C^,:"` _=ad State, ~n this day personally appeared Van Martin and Johnnie Salle Duderstadt itar'.:i:, his wife, both known tci me to be the persona whose names are suoscribed to the foregoing instru- ment, and acknowledged to me that Lhey each ezecuted the same for the purposes and consider- ation therein expressed, and the said Johnnie Halle Duderstadt ldartin, wife of the said Van IEartin having been ezamined bq me privily and apart from her husband, and having the same fully azplained to her, she, the said Johnnie Bello Duderstadt Martin acknowledged such in- strument to he her act sad deed, and she declared that ste had willingly signed ':he same for the , urF~os©s and consideration therein ezpressed, and that she did not wish to retract it. Given under my hand and seal of office this the 26th day of February, :.. D. 1946. (SEAL.) Thelma Sahrier ~,~,,++ ~.~r Notary Public is cad for Kimble County, "~cYU~. ~3.. JTii•ru 7F T~.7CAS ) COU*1'"Y OF KERB ( BEFORE !~, Jno. R, Leavell, Co:uity Clerk ia. and for Kerr County, '"etas, on this day personally appeared J. F. Duderstadt known Lo ma Lo be the Person whose Wane is ^•~^~^rihe~t •o '.!ta•oreroln~' ;nstrument, and acknowledged to me that he ezecuted the name for r~, :. v. ,.;-. 136 ~~ coo a o err unty~ exas~. pa • same property.- w3d~G•, .'~'~ood~iiir~6~~_ - 8. C. Rtohards et ux~ as•desoribed'ia that deed of record in Volume S~-, pafe leer Deed Records f ,of [err County, Texas~~LO which referenoe la her;t made for all purposes, and beini out o! the / r '"~' ;; B. C. Riclurds Addition to the City of ierrville~ Farr County, Texas. TO•HAVE AND TO HOLD ?.iCi above described premises, together witb all and singular, the rijhts and appurtenanee~'thereto in anywise belonging unto the said T. W.,CrafL and wife, Flarpret CrafL~ their h s and assigns forever; and xe do hereby bind ourselves. our heirs, executors and a niatrators, to Warrant and Forever Defend all and singular the said premises unto the s d T. W. Craft and wife, Margaret Craft, their heirs and aesigna, asalnaL every person omaoever 1aw11~lly claim- ing or to claim the acme or any part thereof. Witness our hands Kerrville, Texae Chia 22nd day of November November, A. D. 1946. (Revenue 9tampe $9.35 cancelled) D. Flack St rt (11-22-46 - - - - - D. M. 9. ) Mrs. Zara tewart THE STATE OF TEXAS ~` COUNTY OF JON E3 ) BEFORE ME the undersigned authority in and for Jones County, Texae, on r f,' this day personally appeared D. Mack Stewart known to me to be the person whose name is eub- scribed to the foregoing instrument and acknowledged to me Lhat he executed the same for the f~ ~ purposes and consideration therein expressed. Given under my hand and seal of office, Chia 25 day of November, A. D. 1946. ~~ J. C. Turner (SEAL) Notary Public, Jones County, Texae THE STATE OF TEXAS ) COUNTY OF KERB ( BEFORE ME, the undersigned authority in and for Kerr County, Texas, on ~'~'. this day personally appeared Zera Stewart, wife of D. Mack Stewart known to me to be the person i~ whose name 1s subscribed to the foregoing instrument and having been examined by me privily and apart from her husband and having the semi fully explained to her, the said Zera StexarL acknowledged such i trument to be her act and deed, and she declared that she had willingly signed the same r the purposes and consideration therein expresser, and that she did not wish to rstrac it. Given under my hand and seal of office, this 22nd day of November, A. D. 7''"~ 1946. J. A. Smith ~~~r: (SEAL) Notary Publics Kerr County, Texae. fr~~...' ~+r Filed f r record Nov. 29, 1946 at 3145 o'clock P. M. ~s. Reco ed November 30th, 1946 at 3:30 o'clock P. M. '~, - eI s d s s ,[ M ~e~~~e~e e~,M~,e~,e~,w% ~a.• ~ WAARA DEED THE STATE OF TEXAS ) y';. COUNTY OF K E R R ) KNOW ALL MEN BY THESE PRESENTSs That we, Mrs. F. E. Duderatadt; Johnnie Belle Duderatadt Martin and husband, Vann Martin of the County of Kimble, Texas; Leans Duderatadt Ellebracht and husband, Alfred Ellebracht, and J. F. Duderatadt of the County of Kerr, State of Texae for and in consideration of the sum of Twenty-Six Hundred and ~~~;1 Fifty and No/100 ($2650.00) Dollars to ua in hand paid by Kerr County, the receipt of which ie ~~. hereby fully acknowledged and confessed; trove Granted, gold and Conveyed, and by these ;- presents to Grant, Sell and Convey unto the said Kerr County of the County of Kerr, State of ~~~~ Texas all that certain tract of parcel of land lying and being situated within the County of dr•:, Kerr, State of Texae, being Two and One-tenth (2.1) acres of land, more or less, out of Survey •~ No. 656, in the name of John Billings, described ae follows, to-wit: BEGINNING at a point '.. ~` the Eaat boundary line of the T. A. Doxdy Survey No. 1922, which point is South 1746 feet from its N. E, corner; Thence 3. 87. 33' E. 321.0 feet to stake set in field for corner; Thence N. 6. 15' E. 130' to stake set for corner in a curved boundary line whose radius is, 1970 feet and whose immediate tangent bears N. 59. 32' W; Thence in a Northwesterly direction a1~~:3 said curve with its uniform and continuous deflection 475' to a stake, set in the East boundary m~ i • line of aforementimed Dowdy bur-ey; Thenoe South along said Z. Douadary line 470.2 feel to ; place of beginning. TO NAVE AND TO BOLD the shove desoribsd premises, together with all end singular the rights and appurtenenaes thereto Sa anywise belonging unto the ssid Eerr County, , sad assigns forever and we do uereby bind ourselves, our heirs, executors and a~inistratore, to warrant and Forever Defend all sad singular th• said premises unto the said Kerr County, i sand assigns, against every person whomsoever lawfully claiming or to claim tho same, or any part thereof. witness our heads at Eerrvills, Tezas, this 9th day of Febrne*y, A. D. 1946. Leona Duderetadt 811ebracht Alfred Sllebraoht J. F. Duderetadt Yrs. F. _. Duderetadt ' Johnnie Hells Duderetadt 11art1n Vsan ltartia TFfE STATE OF TEXAS ) COC1N'rY OF KERB ( BSFORE 1~, Jao. R. Leavell, County Clerk in and for said County :^a ' state, on this day personally appeared Alfred Sllebraaht known to me to be the t~^son whose name Ss subscribed to the foregoing Snstrument, and acknowledged to me that he exeonted the same for the purpoaea and oon0lderstioa therein ezpressed. Given under my hand and seal of office thin the 9th day of February, A. D, 1946. ; ' Jno. A. Leavell (SEAT.) Countq Clark in and for Kerr County, Texas. ^EIE 3T%~ rE OF TEXAS ) COUNTY OF 1CF;RR ( BEFORE 1f.E, Jno. R. Leavell, County Clerk in and fta said County and State, on this day personally appeared Leona Duderetadt Sllebracht, wife of Alfred Sllebraoht known to me to be the person whose name is subscribed to the fora going instrument, and hiving bean examined by me privily and apart from her husband and having Lhe same fully ezplained to her, aha, Lhe said Leona Duderetadt Sllebraoht acknowledged such instrument to be her act r.nd deed. and she declared that she nad willingly signed the same for Lhe purposes and oonsider- at.loa therein expressed, and that she did not wish to retract it. X Givsa under my head and seal of offios this the 9th day o! lebruary, A. ~. :946. (sSAL) Jao. R. Leavell County Clerk is sad for Kerr County, Texas. TF~ STATE OF TEXAS ( ~ '~'i COU61'rY OF KDdffi.E ) BEFORE Imo, the undersigned, a Notary PuDlio it1 and for said County and State, on this day personally appeared Van Martin and Johnnie Salle Duderetadt A[artin, his ~' i wife, both known to me to be the persons whose names are subscribed to the foregoing inetru- ~~. went, and acknowledged to me that they each ezaouted the same for the purposes and consider- ation therein expreeaed, end the said Johnnie Belle Duderetadt Yartln, wife of the said Van ]Mrtin having been ezamined by me privily and apart from her husband, end having the same fully explained to her, she, the said Johnnie Belle Duderetadt iQartSa acknowledged each in- strument to be her act and deed, and she declared that she had willingly signed the seine :^cr the purposes and consideration therein expressed, and that she did not wish to retract it. Given under my hand and seal of office Lhis the 26th day of February, n. D. 1y4~. (SEAL) Thelma Sahrier Notary Public is sad for Kimble County, Tezaa. TEES sTnTE ~F TEXAS ) COUNTY OF KERB ( BEFORE Imo, Tno. R, Leavell, Countq Clerk in and far Kerr County, Texna, on Lhis day personally appeared J, F. Duderetadt known Lo me Lo be the parson whose name is subscribed to the foregoing instrument, sad acknowledged to me that he executed the same for the purpoaea and consideration therein ezpressed. Given under my hand sad sea; of offios, this 11th day of February, A. D. 1946. Tao. R. Leavell (SEAL) County Clerk, Kerr County, Tezaa. ~ ~' 4. .. ~ .var.. _,.. ,. _, ~ ~~. r fi.'. i i i., i the uaderaignad a 1Qotary ?ublia is and for Eimbls County, SE1rORE lR , O~ ~r ICIII~•E 1 on this day personally apppred lira. ~. t. DuderaLadL known to ms to bs the person , Tema , . whose name is subsoribed to LM foregoing laatruaant, and acknowledged t.n me that she ezeouted the same for the purposes sad ooasideration therein ezpresaed. ! Oivsn under my head and seal of offioe, Lh1s 26th day of !'ebruary, A. D. 1946. (BEAI•) Thelaa 8ohrisr Notary Publio, Eimbis Couatg, Texas. Filed for reoord Nov. 30, 1946 at 9:30 O'olook A. Y. Recorded Deoember 2nd, 1946, et 8:00 O'olook A, Y. ~~~"'~"~ D~ ~ ~ ~ ~~ ~ WAY B • F I H STATE OF TEXAS ) COlA7TY OF KERR ( KNOW ALL 1REN BY THESE PRESE2IT9: That we, Ned B. Estes and Olive Estes, husband a wife, of the County of Kerr, State of Texas, for end in oonaidereLion of the sum oi' Ten and No/10 ollare, Lo us in hand paid by the State of Texas, noting by and through the SLnto IiiP,hwny Com asion, reoeipt of whioh Se hereby acknowledged, ve this day Bold, and da by r,hose pre sonta grn t, harPsin, sell and convey unto the Stat of Texas, all that oertain tract or parcel of land Stunts in the County of Korr, State of Taxes, ui1 ~••ing a part of a '72 acre tract out of Lhe T A. Dowdy, Conveyed by Nra. Kee E11adRe, Admx. Lo N. D. Estee Dy dead dated Lhe let day of De ember, 1939, and recorded 1n Volume 65, Page 318 of the Deed Records of Kerr County, Texas; said tract or pnrael;bf land rein oonveyed, being aub~eat to: • ents exist, insert the word "None.") liea(a) (Important Note: If no lie a, lessee or ea~ ° held by NONE, eseement(s) held by ONE, leassl~'l neld Dy NONE, and being more particularly de- eoribed ea follows, to-wit: FIitST CEL• 1S8GINNINO eta point in the Nor~•h boundary line of tho T. A. Dowdy Survey which point la eeV 332.7 feet from the Northeast aon+er of :;uid Survey; Theme South 4. 15' Eeet 182.9 feet to eke set at the beginning of a ourvs to left whose ,radius is 1835 feet ; Thence in a Sou sa erly direction along said ourvs 959.2 feet to n h point in an Eaat boundary line of id Do survey, 1049 feet South from its Northeast oornsr; Thenoe South with said survey lin at 126 fen crone the center line of a relocation of SI~~h- way 27 at Survey elation 666{}6 containing 226. feet to stake eel for oornsr; Thence in a Northwesterly direction along aurved boundury wh a radius is 1970 fciac deflooting uniformly and continuously from Langan bearing North )9. 47' at 1218.9 rent to a stake set at its end; Thence North 4. 15' Wcet 1 .3 feet to a stake set in t~e North boundary line of the T. A. Dowdy Survey; Thenoe Eea along said boundary line at b0\2~feet cross aforementioned center line at survey station 5344, continuing 135.5 feet to plaoq of BEGINNING and containing 3.96 acres of land, more lees. SECOND PARCEL: BEGINNING at a pb nt Sn the East boundary line of the T. A. Dowdy Su y No. 1922, 1746 feet South from its moat N therly Northeast oornsr; Thence South along said survey line at b0.1 feet cross Lhe aenter 1 ne of a reloar•~iuu of State Highway No• 41 a survey station 668fbb.5, continuing 120.2 feet to a take eat for corner; Thence North 87 23' West 315 feet to a stake set in the aurved bounder line of existing State Highway No• 2 ; Thenoe along said curved boundary line a fenoe, said fenoe being entirbly Weat of its chord bearing North 36. 30' West at 84 feet cross aforementioned relo Lion neater Brie of State H hway No. 41 at survey station 6b5/00, continuing in all 163 Poet to st,u~~: set for ~~cornsr; Th ace South 84° East 12} feat to stuku set for corner; Thence Soucii v7° 23' ~uot 251.8 feet to point of BEGINNING and containing 1.00 r.ore of land, more or lees. Two parcels of , bland herein conveyed containing a total of 4.96 acres of land, morn or less. TO HAVE AND TO 'HOLD the above described premiaee, together with all and singular the rights and nppurtenrnaee ,thereto in anywise belonging, unto the said Stato of Texas and its aeaigna, save and except I~the following reaerastions and provisions: The Orantor(e) reserve(s) all of the oil, gas and F S