Order No. 11, 431
Order Accepting Offer of R. B. Nowlin and Wife, Hazel Nowlin,
to Donate Right-of-Way Easements for Relocation of F. M.
Road 480
On this the 23rd day of September, 1971, came on to be heard and con-
sidered? by the Court the offer of R. B. Novrlin and wife, Hazel Nowlin, to donate
right-of-way and channel easements required for the relocation of F. M, Road
480 east of Camp Verde; and after due consideration by the Court, it is ordered
on motion by Commissioner Stone, seconded by Commissioner Sallee and unani-
mously approved by the Court that Kerr County hereby accepts the offer of R. B,
Nowlin and wife, Hazel Nowlin, to donate to the State of Texas aRight-of-Way
Easement comprising 3. 194 acres of land out of Survey 101, James E. Bettner,
and to additionally grant four Channel Easements comprising 0. 369 acres out of
the same survey, it being the agreement of the parties hereto that the moving
consideration for the donations of the easements as aforesaid is the agreement
on the part of Kerr County that, after the construction of the new F. M. 480
Roadway, Kerr County will actively undertake within the full scope of existing
statutory law to have that portion of existing F. M. Road 480 commencing at
the northeast corner of the former Roland Walters tract of land as conveyed to
Rex Kelso and running east to the ,point of intersection with the relocated route
of F. M. 480 in the proximity of Station 23E~ of the centerline of the new road-
way closed and abandoned as a public road :and to further cause the State of Texas
to relinquish its right, title and interest in this originally donated right-of-way
so that it may be reconveyed to the original. donors or their successors in title.
Kerr County does further agree that. should legal or administrative
factors prevent the accomplishment of the foregoing immediately after the con-
struction of the new roadway, there shall remain a continuing covenant on the
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the right-of-way donated, which fence sha1.1 consist of 39 inch net wire with one
barbed wire on top and ,pressure treated creosoted pine posts with 6 inch or
better tops, set 25 feet apart with 3 heart cedar stays between; and after com-
pletion of the new roadway, Kerr County will construct a similar new fence along
the north side of the right-of-way donated to be constructed out of such materials
as may then he agreed upon by the parties hereto; and in addition, Kerr County
will provide one 14 foot steel entrance gate on each side of the new right-of-
way at such locations as may be acceptable to the landowners and the Texas High-
way Department.
It is further ordered that in the event Kerr County is unable for any
reason to provide for the closing and reconveyance of the herein referred to
portion of the existing F. M. 480 Right-of-~rVay by October 1, 1976, then Kerr
County will pay the said R. B. Nowlin and wife, Hazel Nowlin or their heirs as
consideration for their granting of the herein referred to right-of-way and chan-
nel easements the sum of $3, 000. 00,