ORDER NO 28758
EHLER ROAD EASEMENT
Came to be heard this the 9~' day of August 2004 with a motion made by Commissioner
Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote
of 4-0-0, authorizing the County Attorney or and outside attorney to prepare and record
the easements that were changed by Kerr County in 1991 on the merle W. Delmer
Easement.
~ ~ ~~
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Jonathan Letz
MEETING DATE: August 9, 2004
OFFICE: Commissioner, Pct. 3
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss authorizing the County
Attorney or an outside attorney to prepare and record easements that were changed by
Kerr County in 1991.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, 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
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

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 you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
In 1991 the construction began on the new Lane Valley bridge and as part of that project
a temporary easement was obtained to allow Lane Valley Road residents access during
the construction period. As part of building the construction easement, Kerr County
permanently modified existing easements to four different properties. These new
easements were never prepared and nothing is currently recorded regarding same. Some
issues have developed concerning access to some of these properties and I believe it is
Kerr County's responsibility to verify where the easements are and prepare and record
these instruments.
TEMPORARY EASEMENT
STATE OF TEXAS
COUNTY OF KERB
KNOW ALL MEN BY THESE PRESENTS:
That M.W. Delmer, M.D.
700 E. Olmos
San Antonio, TX 78212
with property located in the County of Kerr, State of Texas, hereinafter referred to as Grantor,
do by these presents Grant, and Convey unto the County of Kerr, a temporary easement for a
detour around the Lane Valley Bridge while a new bridge is under construction. In, along,
upon and across the following described property in the County of Kerr, State of Texas, and
being more particular described as follows, to wit: SEE ATTACHMENTS.
This easement shall expire on the 1st day of April, 1993.
NOTE: The Deed for Right Of Way to the Comfort Independent School District Building shall
be a separate document.
TO HAVE AND TO HOLD unto the said County of Kerr, State of Texas, as aforesaid, for the
purpose set forth above, the premises herein described.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this a7
day of , 1991.
~~1~~:9.~ ~~
W. G. Stacy, County J dge M. W. Delmer,M.D.
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS
COUnty Of Bexar
Before me, Martha Gerber , a notary public in and for said County and State,
on this day personally appeared M. w. Delmer, M,D.
known to me (or proved to me on the oath of
a credible witness) to be the person whose name
subscribed to the foregoing instrument and acknowledged to me that _he executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office, this the 6th day of Fentember 19~_
Notary Public in and for
Bexar COUnty
'"'""• GERBEA
July 20, 1994
V- t~~,n
January, 1.9&k ant', recorc'a< :.n ~ n.::.^~~ :_ - _ . , _
iaxaa fo:r t:he nocthesa:e corner of the herein described tract; which point bears,
approxiaat:ely, 945 ft. East and 439 ft. South from a point on the soyth bank of the
Gwadalups River., the northwest comer of 159 acre tract and Survey No. .i6;
'ik(ENCE, axons a ~anca with the said common line Datwenn 159 and 31..7 sera tract:, South,
2278.]0 it. to a 't' iron stake set for the southeast corner of the herein described tract;
TFSIIiCS, upon, ove:e and across said 159 acre tract: best, 25.00 ft. to a h• iron iuka sat
for the southwest cornet of the herein described tract; and North, 2278.30 ft. to a ~•
iron stake sae its the north lies of 159 acre tract for the northwest corner of the herein
described tract;
TNENGE, wick thsi said north lino of 159 acre tract, Esst, 25.00 ft. to the ;P1AC6 OF
BEGINNING. f ~ -
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rte'
W
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FIHLD NOTES
OF LAND OUi
cvADAwP6 R]
Doing all of
out of Mosa~
259 scre tr,
with Vendor'
Page 193 of
by aetea and
DELMER
2.34 ACRES
;RIFTION FOR A FORTY F1'. xL06 STRIP ~ ~~~
MB MERLB x. DELMER LAND AIANC TRB "
IN KERR COUNTY, TEXAS
:attain strip, tract or parcel o! land containing 1.03 acres. sioca or leas,
In Survey Na. 56, Abatrace No. 41 in Kerr County, Texas; p:rt of • certain
conveyed from Norman Apalt, et al, to Nerle W. Delmer by a xarranry Deed
ion executed the 29th day of October, 1969 and recorded in Yolune 141 at
Deed Records of Kerr County, Texas; and being core particularly described
u~ds as follows:

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ENLER~
0.64 ACRE
FIELD NOTES DBSCRIP?
OUT OF 2HH RUBEN EHL'
KERR COIJMTY, TERAS
Being all of a testa
acre, ooze or less,
Texas; part of a cec
Ehlers, at ux, by a
volume 290 at Page
pareieularly daserib
BEGINNING at a poin
which point bears:
acre tract; and, ap;
of said Surva~~rr No. S
- 30 Fi. u1DE ROW
TRENCH, along a fen
to a point in • fc
certain 70.7 acre t~
irssranty Dead with
Volume 290 at Pages
of the herein descr'
THENCE, along sail
5.00.10'E.. 30.08 f
TNENC6, upon, owe
407.44 ft, to. a k'
southwest corner of
TRENCB. continuing
YLACB OF BEGINNING.
BEGINNING at a	fence post marked with a h• Iron stake in the occupied wet lino of said	~	
159 acre tza~ct	and Survey No. 56, the asst right-of-way line of Lane Ysll~y Road, a public	d	FIgI~ 170TES DESCRIPT
road, for th	northwest corner of the herein dascribad .tract; which point Deacs	~	}*Q.ERS LAND ATA27G TN
approxisstsly	869 fC. 5.00.19'x. from a point on the aoutA bank of the Guadalupe Riwr,	x	
the northwest
'	ozner of 159 acts tract and Survey No. 56;		Being all o! a ease

THENCE, upon,	
vet and across said 159 acre tract: 5.44'23.6., along a fence, 31.84 ft.		acre, sioss or less,
1*,.' Taxes; put of a car
co a ti" iroq s	aka; N.74.29'E., 470.81 ft. eo a M" iron stake; 5.88.36.6., 399.87 ft. to a		~ Ehlers st ux •
~
h" Sron statEe;	N.45.42'E., 83.80 ft. to a h" iron stake; end East, 25.00 ft. to a h• iron		Yolume
290 ae Page
stake sat i	fenc+, the occupied aaat line of said 159 acts tract, the west lim of a		N pareieularly daserib
certain 31. a	re tract conveyed iron Ella Ehlers Hamlyn, et al, to Ruben Ehlers, et ux,		
by a lxarran y	ed executed the 15th day of January, 1984 and recorded !n Voltw 290 at		BEGI1011IN0 ac a feaie.
Page 807 of eh	Dsed Records of Kesr County, Texas;		said 31.7 scre tzar
			Apalt,- et al, to Ma
TRENCH, alo g	said fence with the cosrson lino between said 189 and 31.7 sore .tracts.		day o[ October, 196
South, 100.3	t. to a h" iron ataks set foe the aoutheut corner of the heroin described		County, Texas for tl
trect~;			254 ft. South from
	
~		ft. East and 439 ft.
TRENCH, upo	to • h• iron
vet and across said 159 acre tract: • N.88.36'W., 480.08 fe.		
stake; 3.74'29	x., 463.79 ft. to a h• iion stake sei in s fence; S.07'41'x„ along said		?HENCE, along a fatic
fence, 59.8 f	to a fence post marked with s k` iron stake; and 3.30'00'x. 53.51 ft. to		a point for the most
a h• iron a ak	set in the said vest line of 189 acre tract and east sight-of-way Tins of		
Lens Yalley	d for the southwest corner of the hereia dascribad trace;		THENCE, continuing t
		~	iroa stake set for
TNENCE,'wit	he said vest line oL 159 acre tract a~ east right-of-way lino of Lana		5.00 ft. to a h• is.
Valley Road N~	00'19•L., 166.66 ft. to the PLACE OF BECINNINO.		acre tracts for the
			
1		N	THENCE, aloag said
I		F-	2378.92 ft, eb tba '
			
' I	40 FT. WIDE ROW 83'80'		
	I	
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349.87"	~~	
	s44°Z3'E a.-lp.~l~ 1.03 ACRES	~ a	
	N88.36'W 4~8o.og'
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83.47,
' FIELD NOTES DES.	-F~R A TVENTY-FIVE FT. VIDE		I
STRIP OF LAND	F THE MERLE V. DEI!!ER LAND AIANC		
30 FT
VIDE RIGHT-OF
THE CUADALUPE	IN KERB CAUNIY, TEXAS		.
aaina all of a~e	uin twenty-fiw (25) ft. wide strip, tract or pared of land conuinlna		
1.31 arras, so	r less, otiC of Hoses aaia Survey No. 56, Abstract No. 41 Sn Rers County,		
Texas; part of! a	certain 1S9 acre trot conveyed fros Nossan Apalt, st al. to Hazle V.		
Delser by a Ysrz	tY Deedwlth Yeador's Liea exeeuud the 29th day of October, 1969 and		
recorded in Yo	141 at Paga 143 of the Deed Records of Kerr County, Texas; and Mina		
sore particularly	dsscribad_by metes and bounds as follow::		
SECINNINC at a fa	• eornetpost wrksd with a.k• iron stake in.ths occupied east line of		
said 139 acre tit	c, the west lime of a Bert:in 31.7 acts tract conveyed fros Elia Ehlers		
Haslyn, at a1S	Ruben Ehlers, et ux, by a Varraaty Deed executed the 1Stb day of		
January, 19E4 a	recorded is Voluw 290 at Phae SO7 of tba Deed Records of Karr County,		
Texas for thr	rthsast corner of the herein dsscziMd tract; which pout bears,		
approxisataly,y9	ft. East and 439 tt. South fros a point on the south Dank of the		
Cwdalupe River,	• aorthwaat corner of 159 acre trot and Survey No, 36;		
THENCE, alemg F
227x
30 f	nca with the said comson line betwnon IS9 and 31..7 acts tracts, South.
at for the southeast corner of the herein described tract; ~
ke
t
i		~ E H L E RS
~
t. tole
.	rOA s
a
s		

THENCE, upon, ws	
and across said 159 acre tract: Vest, 23.00 ft. to a h• iron sutra sat ~
-~		~ 0. fi4 ACRE
for the aoutlNes	corner of the herein described tract; and North, 2278.30 ft, to a b N		r
Sron auks set 1	.the north lino of 159 acre tract for the northwest corner of the herein (V		
described tract;			
THENCE, with the	said north 2lne of 154 acre tract, East. 23.00. fc. to the PLACE OF
-		
aecINNINC. ~			
			FIELD NOTti4 DBSCRIP'lION
			LERS
N
Jt
Q	~		A3
W KERB COl3
TY, TP
°			a a.ina .11 et a e.ttain
~I	D E LM E R		~ acre, sore or less, w
~			N Texat; part of a carts!
b
~
~`' ~	2 34 ACRES		Paae u3~
~~"~' 29D :=
W	•		particularly described
J			
i			aEGINNING st a point i,
Q			xhich point bears: 25~
			acts tract; and, appros
			of said Surve~r No. 56;
WIDE ROW
FT
W		25		.
30
THENCE, Mona a fence ~
				to a point in a Psnee
				y certain 70.7 acre trot
				ranty Deed with Vem
				Yolww 290 at Page S11
				of the herein described
YIELD ROTES	E	CRIPI'ION FOR A FORTY FT. VIDB STRIP ~•		

OF LAND OUT	
F	
E HERLB V. DELHER LAND ALONC THE `		THENCE, aloe; said ft

CVADALUPS R		
IN KERB COUNTY, TEXAS		5.00.10'E., 30.05 ft, t
anion all o	•	Certain strip, tract or parcel o! land containlna 1.03 acres, sore or lass, ~		TRENCH, upon, over and
407
46 ft
to
a k• ii
out of Hose		in Survey No. 56, Abatrace No. 41 in Kerr County, texas; part of a certain		,
.
.

1S9 acre tr	
et	
conveyed fros Norsan Apalt, et al, to Nerie V. Delver by a Varranty Deed		southeast corner of the
with Vendor'
~	s	en executed the 29th day of Oetobar, 1969 and reeorMd in Yoluse 141 at		
Page 193 of	th	Dasd Aseords of Karr Cooney, Texas; and Doing aoza particularly described		TNENGE, continuing apo
by setts a	b	as follows:		~PLACB OF DECINNINC.
aD021RtIN0 s	a	!•nea post larked with a k• iron stale to the oeoaplad vent line o! acid 2		'
_ ~, 1S!-acre t
'-"soa0~
lOL	t	and Survey No. S6, Che nut tight-ot-way limi of LM Yall~y Aoad, a public F'
northwest termer of the herein desaslbad ~tra~e; which
oint boa		FIELD NO'tE4 DESCRIPTI011
_
~.
' t~iYt1
` ,..	
~:,	p
rs X
g69 !C 5,00.19'V. fros s polae om the south bank of eha Guadalupe Aiwr,		ElR.A1R3 LAUD ALONC THE ~

at		and Survey No 36; '
owes of 1S9 acre tract •
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•		
asiag ail of s eastain
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solo ~ asi • 1 , i ~ ~ snot ~i.i~,,23, allai~ tsas4,~ Yl N te. _
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'ijiiF. • , ~.~.__ - _		~ adse~ el0la Or lean, Oat

~ ?axaa; part of . aassa3s
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