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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REOUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Jonathan Letz
MEETING DATE: December 8, 2008
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to determine status of Right-of--Way for
Bayless Drive North in Hill Country Ranch Estates.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Letz, Pct. 3
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 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
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.
OFFICE: County Commissioners
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Before me, the undersigned authority in and for said County and State, on this day personally
appeared Donald IVard~ knotian to me to be the person whose name is subscribed ae a witness to the
~aregoing instrument of writing, and, after being duly sworn by me, stated mi oath that he saw
Comfort Investment Compar.:~, the Grantor, subscribe the same and that he signed the same as a
witness at the request of the Grantor.
Given under my hand and seal of office this the 4t1~ day of June A. ll. 1964.
Seal A. C, Wynn
Notary Public in and for
Gillespie County, Texas
Filed for record June 16, 1964 at 11:10 o'clock A. DI.
Recorded June 16, 1964 at 3:55 o'clock P, hl, (ms)
Volume 4, page 37
EAtbfIE tA. MU ENKER, County Clerk By ~% - f~ ,~.,.~,~~1~ lleputy rc•~~
o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o=o-o-o ~=~}-
RIGHT-OF-WAY EASEMENT
THE STATE OF TE%AS, ]
COUNTY OF KERB. ] KNOW ALL MEN BY THESE PRESENTS:
That CYPRESS CREEK INVESTMENTS, INC., a Texas corporation, acting herein by and through
its duly authorized attorney in fact, Gordon H. Monroe, specially thereto constituted by power
of attorney in a resolution granting general authority to said attorney in fact, who is
president of the said corporation, to convey land pursuant to Art. 50$ Texas Business Corpor-
ation Act adopted and passed by the Board of Directors of said corporation on the 9th day of
July, A, D. 1963, and recorded in Volume 115, page 4$1, of the Deed Records of Kerr County,
Texas, as by reference thereto will more fully appear, hereinafter called GRANTOR (whether one
or more) for and in consideration of the sum of TEN and NO/100 ($10.00) Dollars to it in hand
paid this day by Kerr County, Texas, acting by and through the Commissioners Court, the receipt
and sufficiency whereof is hereby acknowledged, and for other good and valuable consideration,
have GRANTED, SOLD and CONVEYED and by these presents do GRANT, BARGAIN, SELL and CONVEY unto
Kerr County, Texas, the free and uninterrupted use, liberty, privilege, right-of-way and ease-
ment o£ passing in, upon, along, across and out of the following lands situated in Kerr County,
Texas, owned by grantor and being more particularly described as follows:
Being a 7.2$94 acre tract, comprising a 30,0 foot strip of land dedicated for road'build-
ing purposes, and being the outer half of an undedicated road for Hugh and Kathryn Matlock's
property out of the G. W. T, & P. Ry, Co. Survey No. 1, the G. W. T. & P. Ry, Co. Survey No. S-
and the Waco Manufacturing Co. Survey No. 5, all in Kerr County, Texas, and being a part of
that property conveyed to Cypress Creek Investments, Inc „ by deed recorded in Volume 115,
page 67, Deed Records of Kerr County, Texas, and said 7.2$94 acre tract being more particularly
described by metes and bounds, to wit:
BEGINNING at a 1/2 inch iron rod in the southwesterly margin of State. Farm Road No. 1341,
and the west margin of above mentioned 30.0 foot strip.
THENCE: with the outer margin of said 30.0 foot strip the following:
S 32° 22' W, 160.34 feat. S 20° 21' W, 300,70 feet. S 30° OS' W, 2$6.34 feet. S 17° 31'
W. 327.72 feet. S 56° 26' W, 430.$5 feet. S 76° 11' W. 240.76 feet, S 4° 33' W. 406.90 -1-
feet, S 56° 54' W. 161.91 feet. N 54° O1' W, 437.61 feet. S 79° 13' W, 379.42 feet, S
$5° 16' W, 27$.35 feet, S 47° 44' W. 7$3.17 feet to a 1/2 inch iron rod for corner.
THENCE: S, 47° 4$' 3$" E. across a private road, 60.00 feet to a 1/2 iron rod for corner.
THENCE: Continuing along the outer margin of said 30 foot strip the following:
S 27° 54' W. 210.12 feet. S 3$° 49' W. 5$6.49 feet. S 17° 53' E. 243.92 feet, N $1° 13'
E. 247.93 feet. N 71° 39' E. 2$4.49 feet, S $3° 42' E. 602,91 feet, N, 59° O2' E, 438,02
~~ feet. N 41° 5$' E, 2$2,67 feet. S $5° 00' E, 228.35 feet. S 66° 51' E, 269.89 feet. N 7$° ~'
11~ E, 2$4.25 feet. S 56° O1' E, 259.41 feet. S $O° 41' E, 461.75 feet, N 50° 02' E, 7$5.49'.
feet to a 1/2 inch iron rod on the south margin of a 60 foot road known as Windmill Road,
THENCE: S 41° 22' E, along the southwesterly margin of Windmill Road, 23$,60 feet to a
1/2 inch iron rod for corner.
THENCE: S 26° 36' E. along the southwesterly margin of Windmill Road, 359.34 feet to a
1/2 inch iron rod on the south corner of Windmill Road,
THENCE: N 63° 24' E. across the east end of Windmill Road 60.00 feet to a 1/2 inch iron
rod for corner.
THENCE: N 26° 36' W, along the northeasterly margin of said Windmill Road, 36$.00 feet to
a 1/2 inch iron rod for corner,
THENCE: N 41° 22~ W. along the northeasterly margin o£ Windmill Road, 244.90 feet to a
1/2 inch iron rod for corner.
THENCE: N $2° 11' W, 3$.$9 feet to the inner margin of said 30 foot strip for corner.
THENCE: with the inner margin of said 30 foot strip the following:
S 50° 02' W, $05,60 feet, N $0° 41' W. 431.55 feet, N 56° O1' W, 265.50 feet. S 7$° 11 "
'v~. 2$7.50 feet. N 66° 51° W, 265.25 feet, N $5° 00' W, 24$.10 feet. S 41° 5$' W. 293.14
feet. S 59° 02' W, 429.40 feet. N $3° 42' W. 599.35 feet. S 71° 39' W. 2$$,53 feet. S $1°
13' W, 219.$5 feet. N 17° 53' W. 199.50 feet. N 3$° 49' E. 564.72 feet, N 27° 54' E. 236.$2
feet. N 47° 49' E. $03.10 feet. N, $5° 16' E. 268.20 feet. N 79° 13' E. 366,70 feet. S 54°
-2- O1' E. 447,15 feet. N 56° 54' E, 199.$5 feet. N 4° 33' E, 400.00 feet, N 76° 11' E. 224.10
"feet, N 56° 26~ E, 447.50 feet, N 17° 31' E, 33$.55 feet. N 30° OS' E. 2$5.59 feet, N 20°
21' E, 300.25 feet. N 32° 22~ E. 142.44 feet to the southwesterly margin of State Farm Road
No. 1341.
THENCE: N 32° 15' E, along the southwesterly margin of State Farm Road No. 1341, 32,66
feet to the Place of Beginning=
together with the free and uninterrupted use, liberty, privilege, right-of-way and easement of
ingress, egress, regress to and for the said County of Kerr, its successors and assigns, and
its agents, employees, workmen, contractors and representatives, by foot, automobiles, trucks
and other vehicles and machinery, with tools, equipment, supplies and other loads as by it
shall be necessary or convenient at any and all times and seasons forever, in, along, upon and
out of said way, or any part thereof for the purpose of openiag, constructing, reconstructing,
and perpetually maintaining a county road, including the making of additions to, improvements
on and repairs to, said county road, or any part thereof.
The said County of Kerr 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,
It is specifically understood that the County of Kerr and its successors and assigns shall'
be vested with the title to and the right to take and use, move and remove, without additional
compensation, any stone, gravel, earth, caliche or any other materials upon, in and under said
land, except oil, gas and sulphur, for the said purposes of ~Gonstructing, reconstructing and
.,.:perpetually maintaining said county road, \
The said County of Kerr shall have the right from time to time to cut and keep clear any
trees, undergrowth and other obstructions on or over said right of way and easement that may
-3- injure, endanger or interfere with the use and enjoyment of said way, or any part thereof,
TO HAVE AND TO HOlD the said right-of-way and easement, together with all and singular the
>rights, _privileges, and appurtenances thereto in anywise belonging unto the said. Kerr_Counpy~_,,__
LQl ~_~ise.~}~~-
~I Texas, its successors and assigns forever, and we the said Grantors herein do hereby bind our
'~ selves, our heirs, legal representatives and assigns to Warrant and Forever Defend. all and
,'~ singular the said right-of-way and easement together with the rights, privileges and appurten
t antes thereto, unto the said Kerr County, Texas, its successors and assigns, against every pe
'' son whomsoever lawfully claiming or to claim the same, or any part thereof.
In Witness. Whereof, the said corporation has caused these presents to be signed by its
rr, attorney in fact., this the 23rd day of June, A, D. 1964.
CYPRESS CREEK INVESTMENTS, INC.
BY /s/ Gordon H. Monroe
/t/ Gordon H. Monroe, its Attorney in Fat
THE STATE OF TE%AS, ~
COUNTY OF KERB. I
DEFORE ME, the undersigned authority, a Notary Public in and for said County and State, c
this day personally appeared Gordon H. Monroe, known to me to be the person whose name is sut
;'; scribed to the foregoing instrument as attorney in fact of Cypress Creek Investments, 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 Cypress Creek Investments, Inc., and that the said
l Cypress Creek Investments, Inc., executed the same by and through him, as the act of such coi
'~: poration for the purposes and consideration therein expressed.
GIVEN under mq hand and seal of office, this the 23rd day of June, A, D. 1464,
SEAL B. Ashby
Notary Public in and for Kerr County, Texas
My commission expires on the 1st day of June, A. D, 1965.
i~ Filed for record June 29, 1964 at 2:12 o~clock P, M.
Record8d July 6, 1964 at 3:00 o~clock P, M. (bt)
jl Volume 4, Page 3$ Deputy
EMMIE M. MUENKER, County Clerk ~' -~~---
~!
o-o-o-o-o-o-o
RELEASE OF EASEMENTS
AND QUITCLAIM
THE STATE OF TEXAS ~
THE COUNTY OF KERB I KNOW ALL MEN BY THESE PRESENTS:
That WHEREAS, on the 4th day of November, 1941, H, B, Veazey and wife, Zula M. Veazey, o
Bexar County, Texas, executed and delivered to the Lower Colorado River Authority, of Austin
Texas, an easement over and upon M. Primrose Survey #140, J, S. Anderson Survey #141 and Min
Wilson Survey X1472, said surveys being situated in Kerr County, Texas, for the purpose of
erecting an electrical transmission and/or distribution line, consisting of variable number
of wires, which said easement is fully described in said instrument above referred to, whick
is recorded in Volume 6$, page 602, of the Kerr County Deed Records, to which instrument ant
its record reference is here made for all purposes; and
W)iEREAS, on the 8th day of December, A. D. 1947, Dwight R, Knapp and wife, Mary Louise
Knapp, of the County of Kerr, State of Texas, executed and delivered to the Lower Colorado
River Authority, of Austin, Texas, an easement over and upon Survey 140, M, Primrose, and
Survey 141, J, S. Anderson, both of said surveys being located in Kerr County, Texas, for t
purpose of erecting an electrical transmission and/or distribution line, consisting of vari
numbdrs of wires, which said easement is fully described in said instrument above referred
which is recorded in Volume 1, page 4$, of the Kerr County Easement Records, to which instr
went and its record reference is here made for all purposes; and
4YHEREAS, G. D. Reading and wife, Daphene Reading, are now the owners of 214.36 acres of