ORDER NO. 29549 ACCEPT GRANT OF REAL PROPERTY DONATED BY NOWLIN AND BECKY McBRYDE Came to be heard this the 13th day of February, 2006, with a motion made by Commissioner Nicholson, seconded by Commissioner Williams. The Court unanimously approved by vote of 3-0-0 to: Accept the grant of real property donated by Nowlin and Becky McBryde to Kerr County. f. 7 COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Rex Emerson MEETING DATE: February 13, 2006 TIME PREFERRED: SUBJECT: Discuss, consider and take appropriate action to accept grant of real property donated by Nowlin and Becky McBryde to Kerr County. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Rex Emerson ESTIMATED LENGTH OF PRESENTATION: 5 minutes 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: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: ~9'szl 9 @- All Agenda Requests will be screened by the County Judge's Office to determine if adequate intormation has been prepared for the Court`s formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. OFFICE: County Attorney 5:0(1 P.M. previous Tuesday. QUITCLAIM Date: ~ 2006 Grantor: R. NOWLIN McBRYDE and wife, BECKY McBRYDE Grantee: KERR COUNTY, TEXAS Consideration: TEN AND NO/100 DOLLARS and other good and valuable consideration. Property (including any improvements): All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, comprising 0.19 acres, more or less, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, comprising 0.35 acres, more or less, and being more particularly described in Exhibit "B" attached hereto and made a part hereof for all purposes. For the consideration Grantor quitclaims to Grantee all of Grantor's right, title, and interest in and to the property, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Neither Grantor nor Grantor's heirs, executors, administrators, successors, or assigns shall have, claim, or demand any right or title to the property or any part of it. When the context requires, sin ular nouns and pronouns include the plural. ~ ~~ R. NLvwli Bryde ~ ,- ~ Becky McB yde STATE OF TEXAS COUNTY OF KERB ACKNOWLEDGMENT This instrument was acknowledged before me on ~ 'Ol^ 0 ~ , 2006, by R. Nowlin McBryde and wife, Becky McBryde. ~,0~ ~1'LQ-oIR,I~CJC~ Notary Public, State of Texas Kerr County, Texas Attn: Rex Emerson, County Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 _" O -~ 00 111d~+. t~ ~ ~ 1 ~a IlA.t~~ i ~ 1 !?0 z ,,•'"''"W~t DEBORAH TABAKA Notary Publk +~~.~ State of Texas Attorney +~.,,..~ My Comm. Exp. 04.30.2008 EXHIBIT "A" FIELD NOTES DESCRIPTION FOR 0.19 ACRE OF LAND OUT OF THE R. NOWLIN McBRYDE LAND ALONG AVERY ROAD IN KERR COUNTY, TEXAS Being all of a certain tract or parcel of land containing 0.19 acre, more or less, out of Elizabeth B. Stephenson Survey No. 1433, Abstract No. 794 in Kerr County, Texas; part of that land conveyed as 4 acres from Donald L. Robertson to R. Nowlin McBryde by a Warranty Deed executed the 17`h day of December, 1982 and recorded in Volume 269 at Page 716 of the Deed Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at an existing ''h" iron stake in the approximate center of a caliche road for the southwest corner of the herein described tract and said 4 acre tract in the north line of a certain 8.55 acre tract conveyed from R.F. Matheny, et ux, to Homer James Avery, et ux, by a Warranty Deed with Vendor's Lien executed the 2"d day of December, 1961 and recorded in Volume 111 at Page 280 of the Deed Records of Kerr County, Texas; which point bears, approximately 524 ft. North and 2977 ft. West from the easterly southeast corner of said Survey No. 1433; THENCE, with the said approximate center of caliche road along the common line between said 4 and 8.55 acre tracts, 5.71°03'25"W., 274.90 ft. to an existing ''/i' iron stake for the southwest comer of the herein described tract and said 4 acre tract, the southerly southeast corner of a certain 40.81 acre tract conveyed from Audrey Lee Wilson to R. Nowlin McBryde by a Warranty Deed executed the 7`h day of November, 1980 and recorded in Volume 241 at Page 465 of the Deed Records of Kerr County, Texas; THENCE, with the common line between said 4 and 40.81 acre tracts, N.02°09'54"W., 31.82 ft. to a point for the northwest corner of the herein described tract; THENCE, upon, over and across said 4 acre tract, N.71°05'31"E., 274.85 fr. to a fence cornerpost in its east line for the northeast corner of the herein described tract, the southwest corner of a certain 40.00 acre tract conveyed from C.A. Brown, et ux, to Craig L. Leslie, et ux, by a Warranty Deed with Vendor's Lien executed the 23`d day of September, 1976 and recorded in Volume 190 at Page 790 of the Deed Records of Kerr County, Texas; THENCE, with the said east line of 4 acre tract, 5.02°09'54"E., 31.65 ft. to the PLACE OF BEGINNING. I hereby certify that these field notes aze an accurate description of the property contained therein as determined by a survey made on the ground under my direction and supervision, except no survey was made to reestablish Patent Survey lines or corners; and that all property corners aze as stated. Datedy of May, 1990 Lee C. Voelkel Registered Professional Land Surveyor No. 390! County Surveyor for Kerr County, Texas ~(s ~' Rp $Qq~/[(S(~', PLLC • PHONE 830-267-3313 • 2t2 CLAY STREET. KERRVILLE, TEXAS 78028 c EXHIIyIT "B" FIELD NOTES DESCRIPTION FOR 0.35 ACRE OF LAND OUT OF THE R. NOWLIN McBRYDE LAND ALONG AVERY ROAD IN KERB COUNTY, TEXAS Being all of a certain tract or pazcel of land containing 0.35 acre, more or less, out of Elizabeth B. Stephenson Survey No. 1433, Abstract No. 794 in Kerr County, Texas; part of that land conveyed as 40.81 acres from Audrey Lee Wilson to R. Nowlin McBryde by a Warranty Deed executed the 7"' day of November, 1980 and recorded in Volume 241 at Page 465 of the Deed Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at an existing 1" iron stake for the southwest corner of the herein described tract and said 40.81 acre tract, the northwest corner of a certain 8.55 acre tract conveyed from R.F. Matheny, et ux, to Homer James Avery, et ux, by a Warranty Deed with Vendor's Lien executed the 2"d day of December, 1961 and recorded in Volume 111 at Page 280 of the Deed Records of Kerr County, Texas; THENCE, with the west line of said 40.81 acre tract, N.11°26'06"W. crossing a cattleguard, 28.95 fr. to a fence cornerpost for the northwest comer of the herein described tract; THENCE, upon, over and across said 40.81 acre tract: N.S6°21'46"E., along or near a fence, 46.97 ft. to a fence anglepost; N.70°54'19"E., along or near said fence, 317.13 ft. to a fence comerpost; and N.71 °05'31 "E., not along a fence, 63.28 ft. to a point in the common line between said 40.81 acre tract and a certain 4 acre tract conveyed from Donald L. Robertson to R. Nowlin McBryde by a Warranty Deed executed the 17`h day of December, 1982 and recorded in Volume 269 at Page 716 of the Deed Records of Kerr County, Texas for the northeast corner of the herein described tract; THENCE, with the said common line between 40.81and 4 acre tracts, S.02°09'54"E., 31.82 ft. to an existing ''/z" iron stake in the approximate center of a caliche road, the north line of said 8.55 acre tract for the southeast corner of the herein described tract, the southeast corner of 40.81 acre tract and southwest corner of 4 acre tract; THENCE, with the common line between said 40.81 and 8.55 acre tracts: S.69°SO'14"W., with the approximate center of said caliche road, 72.95 ft. to an existing ''/Z" iron stake; 5.66°21'03"W., with the approximate center of said caliche road, 45.25 ft. to an existing ``/z" iron stake; and 5.69°58'46"W., 302.47 ft. to the PLACE OF BEGINNING. I hereby certify that these field notes are an accurate description of the property contained therein as determined by a survey made on the ground under my direction and supervision, except no survey was made to reestablish Patent Survey lines or corners; and that all property corners are as stated. Dated this 8°i d/ay of May, 1990 Lee C. Voelkel Registered Professional Land Surveyor No. 3905 County Surveyor for Kerr County, Texas L ~+d~~ (1n $tUJ[,~~ff~G, PLLC • PHONE 830-267-3313 • 212 CLAY STREET, KERBVILLE. TEXAS 78028