Order No, / L' s~ ~ `~
Order Accepting Offer of Robert Lee Mosty to Provide
Additional Right-of-Way for Stone Leigh Road in Pre-
cinct No. 2
On this the 10th day of February, 1969, came on to be heard and con-
sidered by the Court the offer of Robert Lee Mosty to furnish additional right-
of-way necessary to widen the .public road in Commissioner's Precinct No. 2
known as the Stoneleigh Road to an average width of 40 feet, commencing at a
point in the north right-of-way line of the San Antonio and Aransas Pass Rail-
road, and running north a distance of approximately 0.60 miles to a point
marking the south boundary of that certain tract of land conveyed to Chester
Schwethelm by Marjorie Bender Johnson, et a1, by deed recorded in Vol.
130, Page 76 of the Kerr County Deed Records, the additional right-of-way
concerned being situated on the west side of the said Stoneleigh Road and be-
ing out of that certain 117. 122 acre tract out of Survey 39, G. W. Ha:•bour,
conveyed to Robert Lee Mosty by Marjorie Bender Johnson, et al, by deed
recorded in Vol. 130, Page 80, Kerr County Deed Records, and it appear-
ing to the Court that the convenience of the public requires that the said
Stoneleigh Road be widened to an average width of 40 feet in the area con-
cerned, it is ordered on motion by Commissioner ~5 r ~.p~_,~
seconded by Commissioner .f- T ~ ,and unanimously ap-
proved by the Court that Kerr County hereby accept the offer made by the
said Robert Lee Mosty as follows:
1, Robert Lee Mosty will deliver a written easement to Kerr
County, Texas, as to a strip of land approxirately 0.60 miles in length,
being bounded on the east by the meanders of the existing old fence line on
the west side of the Stoneleight Road and on the west by a straight line ap-
proximately parallel to and averaging 40 feet west of the existing fence
line on the east side of the Stoneleigh Road, v~hich fence line marks the
west line of a tract of land previously conveyed to Robert Lee Mosty and
Robert Lee Mosty, Jr. , and running north from the north line of the rail-
road right-of-way to a point in the south line of the present Chester Schwet-
helm property.
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2, Robert Lee Mosty will furnish necessary conduit and/or pipe
to be installed for two irrigation lines across the entire width of the right-
of-way of the Stoneleigh Road and will also furnish the necessary post, wire,
stays and staplesfor a new fence to be constructed by Kerr County on the
west side of the Stoneleigh Road between State Highway 27 and the south line
of the railroad right-of-way.
3, As consideration for the granting of the aforesaid right-of-way
easement by the said Robert Lee Mosty, Kerr County will provide the fol-
lowing:
A, Kerr County will construct a new fence, furnishing all
materials therefor, along the west line of the easement
granted, the posts to have tops with a minimum diameter
of 4 inches, and with other specifications to be the same
as those of the fence recently constructed immediately to
the north and along the east line of the Chester Schwethelm
property, with gates to be recessed to the owners satisfac-
tion,
B, Anew fence will be constructed by Kerr Ceunty on the west
side of the Stoneleigh Road between the railroad and High-
way 27, using materials furnished by the owner,
C. All wire and other salvagable materials will be rolled up
and otherwise .preserved for the retention of the owner,
D, Kerr County will move all excess dirt on the easement
gx°anted and on a strip of land at least 15 feet to the west
side of the ne~v fence line, the excess dirt so moved to be
properly spread on the adjacent field to the west of the
road or to be filled in other adjacent low places as re-
quested by the owner,
E, Kerr County will provide and install two 16 foot and two
14 foot steel gates in the new fencing at sites designated
by the owner,
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F. Kerr County, by accepting the aforesaid written easement,
hereby grants the said Robert Lee Mosty the right to main-
taro two irrigation lines across the entire width of the Stone-
Leigh Road and agrees to install the necessary conduits and/or
pipes to be furnished by the owner for this .purpose, One of
the said lines to be located 5 feet north of the railroad right-
of-way and the other approximately 370 feet south of the
north line of that tract on the east side of the Stoneleigh Road
as heretofore conveyed by La Merle Bender Butler, et al,
to Robert Lee Mosty and Robert Lee Mosty, Jr.
G. In addition to the foregoing consideration, Kerr County will
pay the said Robert Lee Mosty the sum of $500.00 as partial
compensation for land and damages.
And it is further ordered that the Clerk and the Treasurer be autho-
rued to draw a voucher en the General Road and Bridge Fund in the amount
of $500, 00 ,payable to Robert Lee Mosty, the said voucher to be delivered
on receipt of his .pro,perly e..ecuted Right-of-Way Easement as aforesaid,
and the said Robert Lee Mosty shall be furnished with a certified copy of
this order,

	
	
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