Order No. Order Setting Forth Offer to Texas Parks and Wildlife De- partment Relative to Granting of Right-of-Way for F. M. Road 1340 through Kerr Wildlife Management Area On this the 16th day of November, 1965, came on to be heard and con- side red by the Court the proposed terms and conditions incidental to the acquisi- tion of right-of-way for F. M. Road 1340 through the Kerr Wildlife Management Area which right-of-way as required by the Texas Highway Department crosses lands owned by the Texas Parks and Wildlife Department, an agency of the State of Texas; and after due consideration, it is ordered on motion by Commissioner ~~-~...~~~ seconded by Commissioner y,.~~ and unanimously approved by the Court that in consideration of the Parks and Wildlife Department of the State of Texas granting to the Texas Highway Depart- ment of the total aforesaid required right-of-way aggregating 33. 374 acres of land together with channel easements aggregating 0.394 acres, Kerr County will construct the following fencing and agree to the following additional commitments subject to the terms and conditions hereinafter set forth as follows, to-wit: 1. Kerr County will construct at its own cost adeer-proof fence along the north side of the right-of-way granted, construction to be ac- cording to specifications of the Parks and Wildlife Department as set forth in Exhibit "A''' to this order, which Exhibit "A" is Incorporated into the terms of this order for all purposes. Kerr County will proceed on or before January 1, 1966 to construct fencing from the east boundary line of the Management Area westerly to the point of intersection with the existing fencing opposite Station 123 of the centerline of the proposed new roadway, this point marking the end of the road construction pro- grammed by the Texas Highway Department to commence during Febru- ary of 1966. The remainder of the deer-proof fencing to be constructed by Kerr County will be constructed at such time as the Texas Highway Department is prepared to extend construction of F. M. Road 1340 be- yond Station 122 of the centerline, which time is expected to be within the next year, subject to available funds for the Farm to Market Road Program. At the one point where a section of the north right-of-way line of F. M. Road 1340 is not on the presently owned property of the Parks and Wildlife Department, Kerr County will, upon request, adjust the location of the aforesaid deer-proof fencing to follow the legal proper- ty line of the Management Area. 2. The only required fencing on the south right-of-way line of the area granted will be from a point in the east boundary of the Management Area running westerly approximately 2, 930 feet to a point in the proximity of Station 120,50 on the centerline, which fencing is to be of a standard livestock type to be constructed by the Parks and Wildlife Department to its own specif ieations. 3. The;Texas Highway Department has agreed to construct a struc- ture with."a~ opening 10' x 8' at Station 117 of the centerline, which struc- ture will be' constructed and fenced so as to be used as a stockpass to connect the properties of the Management Area. .' 4, ~T-l~e fencing to be constructed by Kerr County will include not to exceed 6 ga, dS as per specifications in Exhibit "A". Kerr County will, upon reques ,- also furnish one entrance cattleguard at the appropriate lo- cation. The cattleguard on the existing County road in the proximity of Station 122 of the centerline will be relocated at an appropriate point on the existing County road serving the Stowers and Standley ranches. 5, After completion of construction of F, M, Road 1340 to the prox- imity of Station 122 of the centerline, Kerr County will discontinue and close as a public roadway that portion of the existing County road north of the Cullum Ranch, beginning at the point of its intersection with the southeasterly boundary of the Management Area and running through the Management Area westerly to the point of its intersection with the south right-of-way line of F, M. Road 1340 in the proximity of Station 120 of the centerline. 'l~rpe oS Wire a3id Posts; EXHIBIT "A" Creosoted pine posts set on 30 feet centers with 4 staves between posts. Line post to be 10' % 5" set 2a" in ground. ' Corner posts and posts adjacent to xater gaps to have 8" tops and to be braced with an "fi" brace. Water gaps to either break'-ave7y or swinging type depending upon width of stream bed. Wire to be txo spans oP 1035-12-1la'~ net topped with three strands of mmooth cable twist, to make a total fence height of ~ feet. Gates to be a welded pipe frame covered with chainlink mesh. ., ~- ~. -1r~ -' °°