Order No. 11, 481
Order Restating Order No. 11, 400, Offer to Roland
E. Walters for Right of Way for F. M. Road 480
On this the 24th day of November, 1971, came on to be heard and con-
sidered by the Court the matter of restaging the terms and .provisions of Order
No. 11, 400, Offer to Roland E. Walters for Right of Way for F. M. Road 480,
as entered by the Court on the 9th day of August, 1971, which order is of record
in Vol. N, Pa ge 243 of the Minutes of the Court; and the Court, after due con-
sideration of the elements of damages anal other factors involved, acting on
motion by Commissioner Sallee seconded by Commissioner
Stone and unanimously approved by the Court, hereby re-
states its original offer as follows:
I. Kerr County will pay Roland E. Walters the sum of $14, 500. 00 for
land, damages, a.zd severance darr~ages for his conveyance to the
State of Texas of a parcel of right of way comprising 7. 1 acres of
land out of Survey 101, together with his granting of two channel
easements comprising 0.379 acres out of Survey 101. This pay-
went will be made to Roland E. Walters, or as he may otherwise
in writing direct, upon his delivery to Kerr County of the Right of
Way Deed and Channel Easements as aforesaid, properly executed
by himself and wife, Mary A. Walters, together with partial re-
lease of all liens of record as to the 7. 1 acres of right of way con-
veyed.
II. In addition to the foregoing cash consideration, Kerr County agrees
that it will not undertake to close acid abandon as a ,public roadway
any portion of the ,present right of way of F. M. Road 480 lying
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property or if he shall have ceased to operate the Gamp
Verde Store as such.
III. In entering into this transaction, it is the further agreement of the
parties hereto, that, if as a result of the provisions of Part II of
this agreement, Kerr County is placed in the position of being
unable to close and abandon as a public roadway that portion of the
existing route of F, M. Road 480 _running easterly from the north-
east corner of the former Roland Walters tract of land as conveyed
to Rex Kelso to the point of intersection with the relocated route of
F. M. 480 at the Verde Valley Ranch by October 1, 1976, as Kerr
County has heretofore committed itself to do pursuant to the provi-
sions of Order No, 11, 431 as entered on September 23, 1971, where-
by Kerr County accepted a donation of right of way for F. M. Road
480 from R. B. Nowlin and wife, I~.[azel Nowlin, then Roland E.
Walters covenants and agrees to pa.y to Kerr County the sum of
$3, 000. 00, which represents the sum which Kerr County has hereto-
fore obligated itself to pay the said R. B. Nowlin and wife, Hazel
Nowlin, in the event the herein referred to portion of public roadway
is not closed, abandoned and recon•Jeyed to them by October 1, 1976.
IV. In addition to other consideration he>rein referred to, Kerr County
will construct approximately 5, 000 feet of new livestock fencing
along the lines of the right of way conveyed, which fencing shall
consist of 39 inch net wire with one barbed wire on top and pressure
treated "Penta" pine ,posts with 6 inch or better tops, set 25 feet
apart with 3 heart cedar stays between; and, upon request, after
construction of the new roadway, fencing will be winged to both
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V, In the event that Roland E. Walters should become obligated to pay'
Kerr County the agreed sum of $3, 000. 00 pursuant to the provisions
of Part III of this agreement and, ghat after proper demand, he should
default as to such payment, then Kerr County will no longer be bound
by its agreement as set forth in Part II hereof.
And it is further ordered that the Clerk and the Treasurer be authoriz-
ed to draw a voucher on the F. M. 480 Right of Way Fund in the amount of $14, 500. 00
pursuant to the ,provisions of Part I of this order upon compliance therewith by
the said Roland E. Walters.