ORDER. NO, g4g7
OFFER TO THE INDEPENDENT EXECUTORS OF THE
ESTATES OF ARTHUR AND FANNY REAL, DECEASED,
FOR RIGHT-OF-WAY FOR. F, M. ROAD 2771
On this the 26th day of July, 1963, came on to be .heard and considered
by the Court the matter of compensation to be paid to the estates of Arthur and
Fanny Real, Deceased, for conveyance of Right-of-Way Easement and seven
Channel Easements for F. M. Road 2771; and after due consideration, it is
ordered on motion by Commissioner Schwethelm seconded by
Commissioner Stone and unanimously approved by the
Court that Kerr County hereby offers to pay the Estates of Arthur and Fanny
Real, Deceased, the sum of $869.30 upon the granting of a right-of-way ease-
went for 14.757 acres of land out of Surveys 398 A. Cameron, 397 C. Vetch
and 395 Heirs of Mrs, A. Clark, Deceased, together with 7 channel easements
comprising 0.988 acres out of Surveys 398 and 397; and
It is further ordered tha in addition to the above cash consideration,
KerrCounty will construct a new fence along the entire right-of-way line, said
fence to consist of heart cedar posts set 25 feet apart with 3 heart cedar stays
between each post and 832-12-12 1(2 net wire with 3 barb wires on top, except
that on that 1930.2 foot portion of the right-of-way where a deer proof fence is
now located, the fence shall consist of heart cedar posts set 30 feet apart with
4 heart cedar stays between and 1047-12-12 1/2 net wire plus 832-12-12 1/2 net
wire with one smooth cable wire on top? and in addition, Kerr County will furnish
one 12 foot x 6 1 /2 foot high steel gate and as many as four regular 12 foot steel
gates as requested; and
It is further ordered that upon delivery of tkie properly executed right-
of-way and channel easements by Hilmar A. Pressler, Mrs. Elizabeth Altman,
and Felix R. Real, Independent Executors of the Estate of Fanny Real, Deceased,
and Felix R. Real as Independent Executor of the Estate of Arthur Real, Deceased,
the Clerk and the Teeasurer be authorized to draw a voucher on the F. M. 2771
Right-of-Way Fund in the amount of $869.30 payable to the Trust Fund of the
Clerk of the County Court of Kerr County, where said funds shall be held in trust
for the benefit of the heirs of the Estates of Arthur and Fanny Real, Deceased;
and upon the determination as to the method of distribution of the said funds
among the said heirs, the Commissioners Court of Kerr County shall then direct
_2_
the Clerk of the County Court to pay the said funds to such person or persons as
shall have been designated to the said Commissioners Court; and
It is further ordered that such portions of existing county roadway as may
abut or pass through the lands of the estates shall, upon completion of F. M.
Road 2771, be considered abandoned and shall reverttohhe Estates or their
record successors in title in the same proportion and in the same manner as the
abutting lands are held; and
It is further agreed that in accepting the right-of-way and channel ease-
;i
ments herein described, the Commissioners Court of Kerr Count, dbvenants on
behalf of itself and its successors in office to render harmless tlag ILgclep~er;dent
}
Executors of each of the two estates from any personal liability tat may b~
adjudged against either or all of them by a court of competent jursdictipn ~s a
direct consequee~ceof their having executed the right-of-way and/ci'r chaniielease-
ments herein described.
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