ORDER NO. 10 , 640
Offer to Wesley Ellebracht and wife, Margaret Ellebracht,
and Leona Ellebracht, a Widow, for Right-of-Way for the
Extension of State Highway No. 41
On this the 8th day of January, 1968, came on to be heard and con-
sidered by the Court the matter of compensation to be offered Wesley Elle-
bracht and wife, Margaret Ellebracht, together with Leona Ellebracht, a widow,
for their conveyance of land and granting of channel easements required for the
extension of State Highway No. 41 eastward from the Mountain Home Post Office
to Interstate Highway No. 10; and
After due consideration by the Court, it is ordered on motion by Com-
missioner Stone seconded by Commissioner Burney ,
and unanimously approved by the Court that Kerr County hereby offers to pay
Wesley Ellebracht and wife, Margaret Ellebracht, together with Leona Elle-
bracht, the sum of $19, 93Z. 00 for land and damages for their conveyance to the
State of Texas of 39.866 acres of land out of Surveys 1101 and 1103, together
with an additional sum of $68.00 for damages for their granting two channel
easements to the State of Texas, which comprise 0.413 acres of land out of
Survey 1101, it being the intention of Kerr County that the compensation herein
offered shall include the estimated cost of fencing the right-of-way conveyed
and the provision of stock watering facilities on the north side of the right-of-
way conveyed, all of which shall be done by the landowners at their own ex-
pense, save and except, however, that Kerr County will, upon request, dig
the necessary ditch to extend a water line from the Mountain Home Post Office
Building to a point on the north side of the right-~f-way conveyed.
And it is further ordered that the Clerk and the Treasurer draw a
voucher on the Special Right-of-Way Fund in the amount of $20, 000. 00, payable
to Wesley Ellebracht, Margaret Ellebracht and Leona Ellebracht, the said
voucher to be delivered prior to the recording of the Right-of-Way Deed and
Channel Easement, but only after the following requirements have been met:
I. The delivery of the necessary Right-of-Way Deed and Channel Easements
and their approval by the legal section of the Texas Highway Department
District Office so as to enable the State of Texas to secure its required
Title Insurance.
2. The delivery of acceptable Proof of Heirship required as a prerequisite
for the issuance of Title Insurance, which instruments will be prepared
at Kerr County's expense.
3, The delivery and acceptance of a Partial Release of Deed of Trust by the
Prudential Insurance Company of America to be prepared at Kerr County's
expense, the said Insurance Company having heretofore given letter notice
to Kerr Gounty that it does not desire to participate in the consideration
herein offered as a requirement to its execution of the said Partial Release.



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