ORDER NO. 30643
ENERGY/LAND, INC. DEED WITHOUT WARRANTY
Came to be heard this the 10th day of December, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously
approved by vote of 3-0-0 to:
Accept the deed filed by Energy/Land, Inc., to Kerr County at this particular
location, .43-acre tract, R13384, off Lehmann Drive South.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS
~'"'"` TO BE REVIEWED BY THE COURT.
MADE BY: Leonard Odom
MEETING DATE: December 10, 2007
OFFICE: Road & Bridgi
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): Consider, discuss, and take appropriate action concerning
Deed Without Warranty filed by Ener~y/Land, Inc. to Kerr County, Pct. l
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Leonard Odom
ESTIMATED LENGTH OF PRESENTATION: 10 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 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 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 Rule Adopted by Commissioners' Court.
reg3
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Qo~ry ~
Kerr County Road & Bridge
4010 San Antonio Hwy
Kerrville, Texas 78028
TO:	COMMISSIONERS COURT
FROM:	LEONARD ODOM
DATE:	December 3, 2007
RE: Deed Without Warranty for .43 acres of roadway, know as Lehman Drive, Pct. 1
Energy/Land, Inc. contacted us some time ago about this .43 acre tract, R13384, they had been
paying taxes on it since they gave it to the County in 1980 and we forwarded the information to
Rex.
Recently we received a copy of the filed copy of the Deed Without Warranty in your packet.
When we talked with Rex he suggested we place it on the agenda for acceptance by the Court.
This portion of the road has been maintained by Kerr County since it was constructed in 1990.
Th
Lehman drive
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
'"` REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
Deed Without Warranty
Date: October 10, 2007
Grantor: Energy/Land, Inc., a Texas corporation
Grantor's Mailing Address:
P.O. Box 291589
Kerrville, Texas 78029-1589
Kerr County
F L SDI ~R ~~C~f~~
at~.........o'clock -M
Grantee: Kerr County, Texas
Grantee's Mailing Address:
700 Main Street
Kerrville, Texas 78028
Kerr County
Consideration:
N O V 0 9 2007
JA NETT PIEP~R
~f ~ Chu C~~art it~r uoty~ R
Cash and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged.
Property (including any improvements):
All of Grantor's right, title and interest in and to Lehmann Drive North and Lehmann Drive
South, fifty foot (50') wide easements across Original Survey No. 145, Thomas L. Waddell,
Abstract No. 354, and across Original Survey No. 144, James H. Cooke, Abstract No. 95,
more fully described by metes and bounds in an Easement from Grantor to Grantee dated
December 17, 1980, and recorded in Volume 12, Page 277, Easement Records of Kerr
County, Texas.
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty:
Liens described as part of the Consideration and any other liens described in this deed as
being either assumed or subject to which title is taken; validly existing easements, rights-of-
way, and prescriptive rights, whether of record or not; all presently recorded and validly
existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests,
and water interests outstanding in persons other than Grantor, and other instruments, other
than conveyances of the surface fee estate, that affect the Property; validly existing rights of
adjoining owners in any walls and fences situated on a common boundary; any discrepancies,
conflicts, or shortages in area or boundary lines; any encroachments or overlapping of
improvements; all rights, obligations, and other matters arising from and existing by reason
VOL. ~.~~~~AG~~~~"~
of the Kerr County water improvement authorities; and taxes for 2007, which Grantee
assumes and agrees to pay, and subsequent assessments for that and prior years due to change
in land usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions
to Conveyance, grants, sells, and conveys to Grantee the Property, together with all and singular the
rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and
Grantee's heirs, successors, and assigns forever, without express or implied warranty. All warranties
that might arise by common law as well as the warranties in section 5.023 of the Texas Property
Code (or its successor) are excluded.
As a material part of the Consideration for this deed, Grantor and Grantee agree that Grantee is
taking the Property "AS IS" with any and all latent and patent defects and that there is no warranty
by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee
acknowledges and stipulates that Grantee is not relying on any representation, statement, or other
assertion with respect to the Property condition but is relying on Grantee's examination of the
Property. Grantee takes the Property with the express understanding and stipulation that there are
no express or implied warranties except for limited warranties of title set forth in this deed.
When the context requires, singular nouns and pronouns include the plural.
This instrument was prepared based on information furnished by the parties, and no independent title
search has been made.
ENERGY/LAND, INC.
a Texas corpo~i~vtr~
STATE OF TEXAS
COUNTY OF KERR
By:
vi
V
This instrument was acknowledged before me on ~dU:~%/n~ ~ , 2007, by David
A. Lehmann, as the Vice President of Energy/Land, Inc., a Texas corporation, on behalf of said
COIF-~r~t,~~a~~~ ~ - - `~_`~`=-
,~ `'~~ ~~CT~RY PUBLIC ~~
STAZc OF TEXAS '
~~9Tf pF t~+r My Comm. expires 03-02-2008 Notary Public, to of Texas
My commission expires: ~3-DZ -zO~B
PREPARED IN THE OFFICE OF:
John W. Carlson, P.C.
Attorney at Law
260 Thompson Drive, Suite 7
Kerrville, Texas 78028
'~EXEL~
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AFTER RECORDING RETURN TO:
Kerr County, Texas VEnergy/Land, Inc.
700 Main Streeet
Kerrville, Texas 78028 P~ $O'' 291589
Kerrville, TX 78029
__._----
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Provisions hereq vfilCi7 [B6IOCt tbo ~Ip, tappl Of Ua8 Q1 ibe dBS~;rbed PaP'
arty because of color or race Is invalid and tx+enforC~able tJK1W federal Law
THE STATE OF TEXAS l
COUNTY OF KERB 1
1 hereby cenHy that this Inalrtxnent was GII~E4 M 11+4 fib Nunber Sequence
on the date and at tree Brno atan+t?ad hgregrt by rtra ~J was duly RECORDED
h the OBiciai PWIb Records of Ken Naunry,'Te<~s en
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COUM1' CLERK KERB COUNTY, TEXAS
RECORDER'S NOTE
ATTIME OF RECORDATION INSTRUMENT FOUND
TO BE INADEQUATE FOR BEST PHOTOGRAPHIC
REPRODUCTION DUE TO THE DEPTW & DARKNESS OF
PRINT, COLOR OF PRINT OR INK, BACKGROUND OF
PAPER, I! LEGIBILITY, CARBON OR PHOTO COPY ETC.
.~
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ENERGY/LAND, INC.
P. O. BOX 291589
KERRVILLE, TX 78029-1589
PHONE
830/896-2525
October 31, 2007
Kerr County Road & Bridge Department
4010 San Antonio Hwy.
Kerrville, TX 78028
Re: Easement to Kerr County
Dear Sir/Madam:
FAX
830/257-7692
For years the Kerr Central Appraisal District has had a .43 acre tract, R13384,
XREF 0095-0144-058002, in the name of Energy/Land, Inc. Attached is a copy
of the easement given to Kerr County in 1980 that includes the .43 acres.
Charles Domingues has marked on the plat what the easement covers. Please
do whatever is necessary to change this property as the appraisal district into the
county's name. If you have any questions, please call me.
S' cerely,
Caroline Kensing
Corporate Secretary
xc: Kerr Central Appraisal District
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PLOTTED 8Y, CHARLES B. DOMINGUES, REGISTEREb
PROFESSION LAID SUR~EYOA .1713.
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REGISTERED PROFES3IDNAL LWLIID SURVEYOR N0. 1713
laOMiNGUES & ASSOCIATES, iNC..
609 51bNEY BAKER 5T. t~pRVILLE, TEXAS 78028
TEL. 512 896 6900 FAX 512 896 6901
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KERB COUNTY, TEXAS
SCALE 1' - Z00 FEET
NOVEMBER, 1992
GRAPIi1C~5CALE
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806823
EASEMENT VOA; 12 PAGE 277 ;,
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TI•IE STATE OF TEXAS §
KNOW ALL MLN BY THESE PRESENTS:
COUNTY OF KERR §
That ENERGY/LAND, INC.,a Texas corporation, acting herein by
and through its duly authorized attorney in fact, G. E. Lehmann,
specially thereto constituted by power of attorney in a resolu-
tion granting general authority to said attorney in fact, G. E.
Lehmann, to convey land pursuant to Artile 5.08, Texas Business
Corporation Act, adopted and passed by the Hoard of Directors of
said corporation on the 25th day of February, A.D. 1976, and
recorded in Volume 185, Page 797, of the Deed Records of Kerr
County, Texas, as by reference thereto will more fully appear,
being the owner of the real estate hereinafter described, for and
in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) to
it in hand paid this day by KERB COUNTY, TEXAS, acting by and
through the Commissioners Court, the receipt and sufficiency
whereof is hereby acknowledged, and the further consideration of
the benefits to be derived by it on account of the construction,
reconstruction and maintenance by Keri County of the road
easement hereinafter described in, through, across and over said
real estate herein described, has GRANTED, SOLD and CONVEYED, and
does hereby GRANT, SELL and CONVEY unto KERR COUNTY, TEXAS, ita
successors and assigns, an easement for the purpose of opening,
constructing, reconstructing and maintaining a roadway in, upon
and alo.rg a certain way acress the following described tract,
piece and parcel of land situated, lying and being in the County
of Kerr, State of Texas, and more particularly described by metes
and bounds as fol?,ows, to-wit:
LEFiMANN DRIVE NORTH AND LEHMANN DRIVE SOUTH
An easement for roadway, being part of Lehmann Drive North and
part of Lehmann Drive South, being 50 foot wide, across Original
Survey No. 145, Thomas L. Waddel, Abstract No. 354, and across
Original Survey No. 144, James ~i. Cocks, Abstract No. 95, and
being across that property which was conveyed from Clyde McMahon
-1-
•' '~ VOL: 12 PAGE 278
and W. D. Caldwell to G. E. Lehmann and Gordon H. Monroe by deed
dated September 27, 1966, of record in Vol. 125 at page 558 of
the Deed Records of Kerr County, Texas, and subsequently conveyed
~ to Energy/Land, Inc., and being a strip of land 50 foot wide,
jI lying 50 foot right of its left right of way line which is more
~:~ particularly described by metes and bounds, as follows, to-wit:
'~ ! BEGINNING at an iron stake, the SW corner of 50 foot wide Lehamnn
I•I Drive North across that ro ert which was co v
p p y y n eyed from G. E.
Lehmann and Gordon H. Monroe to the Texas Department of Public
Safety being the NW corner of thet 5.85 acre tract which was
conveyed from G. E. Lehmann and Gordon H. Monroe to Jim Nugent,
t and the East corner of that 1.22 acre tract which was conveyed to
~; ,i Gordon H. Monroe in Partition Deed dated October 16, 1975, of
I record in Vol. 183 at Page 659 of the Deed Records of Kerr
County, Texas, located 432.65 feet S.65°42'W. measured along
~i South line of said Lehmann Drive North, from its intersection
' with the West right of way line of State Highway No. lb, at an
'~ ~ iron stake which is 50 feet from and normal to Highway Engineers
I Station 29+g6.8;
i
THENCE with the Nort:l to NE line of said 1.22 acre .tract, 5.65°
42'W. 97.3 feet and N.65°35'W. 130.0 feet to an iron stake, its
North corner, and the East corner of that 6.83 acre tract which
was conveyed to Gordon H. Monroe by deed dated August 1, 1969, of
record in Volume 139 at Page 563 of the Deed Records of Kerr
County, Texas;
THENCE with the NE line of said 6.83 acre tract and the NE line
of that 6.95 acre tract which was conveyed to Gordon H. Monroe in
Exchange Deed dated August 15, 1977, of record in Volume 199 at
Page 565 of the Deed Records of Kerr County, Texas, N.65°35'W.
253.2 feet, N.60°40'W. 278.95 feet, an iron stake, a property
corner stake, N60°40'W. 38.9 feet and N.52°44'W. 530.17 feet to
I an iron stake, the North corner of said 6.95 acre tract, and the
~I East corner of that 3.33 acre tract which was conveyed from
Gordon H. Monroe to G. E. Lehmann, by deed dated August 11, 1969,
,I of record in Volume 139 at page 711 of the Deed Records of Kerr
County, Texas;
THENCE with the NE line of said 3.33 acre tract, N.52°44'W.,
passing 50 feet SW from the SW end of Cully Drive, 557.7 feet, an
iron stake, and N.78°05'W. 61.65 feet to an iron stake, the NW
corner of said 3.33 acre tract, and the NE corner of that 1.7
acre tract which was conveyed to G. E. Lehmann by Partition Deed
dated October 16, 1975, of record in Volume 183 at Page 659 of
the Deed Records of Kerr County, Texas;
THENCE with the North line of said 1.7 acre tract, N.78°OS'W,
'~ 245.95 feet to an iron stake, the point of curvature of a cir-
cular curve to the left;
:i
:;~ THENCE with the arc of said circular curve to the left, having a
central angle of 132°30', a radius of 96.9 feet, a tangent of
220.2 feet, the long cord bears S.35°40'W. 177.4 feet, for a
distance along said curve of 224.1 feet to an iron stake, in the
`~ NE right of way line of said Lehmann Drive South;
THENCE with the SW line of said 1.7 acre tract, S.30°35'E. 326
.; feet to the South corner of said 1.7 acre tract, and the most
! Westerly corner of that 3.43 acre tract which was conveyed from
Gordon H. Monroe to G. E. Lehmann by deed dated August 9, 1968;
~i~ of record in Volume 134 at Page 521 of the Deed Records of Kerr
;~ County, Texas;
'~
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VOI: 12 PAGE 2 7 9
'~ THENCE with. the SW line of said 3.43 acre tract, S.30°35'E. 120.8
feet to an, iron stake, the North corner of that 0.37 acre tract
conveyed from Energy/Land, Inc., to G. E. Lehmann;
THEN~E with the West line of said 0.37 acre tract, S.5°53'E. 84.1
~~ feet to its most Westerly corner, and the North corner of that
li 0.27 acre tract which was conveyed from Gordon H. Monroe
~I to G. E.
Lehmann;
I
' TIIENCE with the West to Southwest line of said 0.27 acre tract,
~~ and said 0.37 acre tract, S.5°53'E. 115.1 feet, 5.21°37'E. 62.2
i• feet and 5.63°20'E. 191.1 feet to an iron stake, the South corner
ii of that 0.1017 acre tract which was conveyed from Energy/Land,
inc., to G. E. Lehmann, and the West corner of that 0.9997 acre
;~ tract which was conveyed from Energy/Land, Inc., to Cleo N. QI
,i McBryde, by deed dated September 6, 1979, of record in Volume 225 ~/,
at Page 602 of the Deed Records of Kerr County, Texas;
~ Surveyed on the ground by Domingues and Associates Inc., December
~i 15, 1980.
'~~ together with the free and uninterrupted use, liberty, privilege
and easement of ingress, egress, regress to and for the said Kerr
County, its successors and assigns, and its agents, employees,
~~ workmen, representatives, and contractors, by any and all means
of transportation with materials, supplies, tools and other
equipment as by it shall be necessary or convenient at any and
all times and seasons, in, along, upon and out of said premises
for the purpose of making additions to, improvements on and
repairs to said road, or any part thereof.
It is specifically understood that Kerr County, its
successors and assigns, shall have the right to take and use,
without additional compensation, any stone, earth, gravel,
caliche or any other materials or minerals upon, in and under
said roadway, except oil, gas and sulphur, for construction and
maintenance of said road.
The said Kerr County shall have all other rights and
benefits necessary and convenient for the full enjoyment and use
of the rights herein granted, including, but not limiting the
same, to those enumerated herein.
TO HAVE AND TO HOLD the said easement, together with all and
singular the rights, privileges and appurtenances thereto in
anywise belonging unto the said Kerr County, its successors and
-3-
VOL' 12 PAGE 280 ~ •
;%I assigns forever; and the said Grantor does herein hereby bind
. ~ ; I~
itself, its succestsore and assigns, to warrant and forever defend ~'
'~~
~, all and singular the said easement unto the said Kerr County, its
., ~.
';~ successors and assigns, against every person whomsoever lawfully
I'
claiming or to claim the same, or any part thereof.
So as to have no .question as to the intent of all parties
concerned as to the construction of this instrument, it is
t expressly made and accepted as an easement only and not as a
deed.
i •
WITNESS my hand this the ~ day of December, 1980.
FILED FOR RECORD ENERGY/LAND, IN •
' rlf ..`~::. ~?.~. o'clock ..~--• M
.j
i DEC 17 1980 By ~ •
G. E.
C?,119;= A". ~~.IUEIJKER Its orney in Fact
Clerk County Court, K r County, Texas
/r p~~~~~ /~
6y „....s~•. ~eputy ,
i THE STATE OF TEXAS §
1
•I COUNTY OF KERR §
I
BEFORE ME, the undersigned authority, on this day personally .
appeared G. E. Lehmann, known to me to be the person whose name ~ .
is subscribed to the foregoing instrument as attorney in fact of •
Energy/Land, Inc., the party thereto, and acknowledged to me that
he executed the same in the capacity therein stated as attorney
~ in fact for the said Energy/Land, Inc., and that the said '
Energy/Land, Inc., executed the same by and through him, as the
act of such corporation and for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _/ 7th day
of December A.D. 1980.
~I
` ~p,RYp
, G~ /.
.~.,
~ Notary P is in an or ~ .
I ~~ o ;• , ~~ ~ ~, Kerr County, Texas
,r G
` ~ ~ I ~,, My commission expires
L'ert!ia tL;,Wc,tleb
'.i OF X t Il ~ ~~} PJo:'r~~ Pe51~c in and lar I(err Co., Texas
' ~ Commission Exvires 12.31.80
' STAMPED OR PRINTED NAME OF NOTARY
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ENERGY/LAND, INC.
TO
KERR COUNTY TEXAS
EASEMENT
of .......:~.~ o'clock ...P. R1
DEC ]. 7 1980
~n~a~i~ rr~. :u~~aicr:R
Clerk County Court, K r County, Tezas
By -~-; Dep°tY
V0L' 12 PAGE 281
f
I
Filed for record tuber 17 ~ 1980 at 4:50 o'clock r~.hl. ''• •
Recorded December-Z~_ - - i~ j.
EMh(ID h1. hIUL•NKL•R, Clork By_ ,~~~L ,,,,~i Deputy
n '.."~'~"~ ~ i
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