204 7 inch or better tops set 25 feet apart with 3 heart cedar stays between. 2. New steel gates will be provided to replace two existing gates on the north side of the present right-of-way at locations acceptable to the landowner and the Texas Highway Department. In the areas not heretofore traversed by F. M. Road 480, Kerr County will provide not to exceed 4 steel gates to be installed at locations acceptable to the land- owner and the Texas Highway Department. The existing cattleguard on the roadway leading to the old Burney home will be replaced with a new cattleguard capable of accepting normal vehicular traffic and a new steel entrance gate will be also provided at this point and fencing adjustments or private roadway relocation reasonably necessary to provide access to the old Moore homesite will be provided and a new steel gate will be provided to replace the present pasture gate situated within the right-of-way conveyed. All gates will be 14 feet in length unless a lesser length is requested. 3. As Further consideration for the granting of the right-of-way conveyed, Kerr County will, after construction of the new roadway, request the Texas Highway Department to close and abandon that portion of the existing route of F. M. Road 480 lying to the north of the new roadway in the proximity of Stations 85 through 93 of the new roadway so that that portion of the old roadway to be abandoned which was originally included within the ease- ment donated to Kerr County by the predecessors in title of John Lapham may be returned to him and enclosed within his fenced property boundaries by Kerr County. 4. The right of passage For livestock and/or vehicular traffic beneath the two bridges across Verde Creek which will be constructed on the right-of-way conveyed shall be reserved by permit to John Lapham and his successors in title, together with the right to construct and maintain State approved fencing wings running from the right-of-way lines of F. M. Road 480 as may exist after the completion of construction, which fencing may be connected to adaptable portions of the bridge structures, Kerr County will, upon request promptly made after the completion of construction, construct such fencing wings. And it is further ordered that the Clerk and the Treasurer be authorized to draw a voucher on the F. M. 480 ROW Fund in the amount of $6,500.00, payable to the Clerk of the District Court of Kerr County, Texas, for deposit in the registry of the Court pending final judg- ment in Cause No. 149 on the Docket of the 198th District Court of Kerr County, which cause is styled: In the Matter of the Marriage of John Lapham and Ella Maie Lapham and that the amount so deposited shall be paid out of the registry of the Court in such manner as shall be ordered by the 198th District Court in its judgment in this cause, and that such voucher shall be so deposited upon the delivery by John Lapham of his properly executed Right-of-Way Deed and Channel Easement. o-o-o-o-o-o-o-o-o-o N0. 11291 OFFER TO ANNIE MAE WI'1''P FOR RIGHT-OF-WAY FOR F. M. ROAD 480 On this the 8th day of February, 1971, came on to be heard and considered by the Court the matter of compensation to be paid Annie Mae Witt, individually and as the sur- viving widow of Prentice Witt, deceased, as consideration for her conveyance to the State of Texas of a parcel of land required for right-of-way, together with the granting of one channel easement required for the reconstruction of F. M. Road 480; and after due considera- tion, it is ordered on motion by Commissioner Stone seconded by Commissioner Bartel and unanimously approved by the Court that Kerr County hereby offers to pay the said Annie Mae Witt the sum of $1,933.00 for land and damages as consideration for her conveyance to the State of Texas of 3.809 acres of land out of Survey 104, together with her granting of one channel easement comprising 0.057 acres out of Survey 104; and in addition to the foregoing cash consideration, Kerr County will provide the following: 1. Kerr County will construct approximately 2,500 feet of new livestock fencing along the right-of-way line of the parcel conveyed, which fencing shall consist of 39 inch net wire with one barbed wire on top and pressure treated creosoted posts with 7 inch or better tops set 25 feet apart with 3 heart cedar stays between. 2. The existing stockpass situated in the proximity of Station 166 of the centerline of the new roadway will be replaced by the State of Texas with an oval metal stockpass 5'8" wide and 6'6" in height so that the landowner's pre-existing rights of stock passage may be preserved; and Kerr County will, after construction of the new roadway, construct necessary fencing from the ends of the stockpass to the right-of-way fencing. 3. Kerr Cuunty will relocate the existing entrance cattleguard at the new right-of-way line, providing a new foundation equivalent to the present one and will make the necessary adjustments to the entrance roadway for the location of a new entrance gate and in addition, two new steel gates will be installed to provide access to the two fields lying on either side of the entrance roadway at locations acceptable to the landowner and the Texas Highway Department, witri all gates being 14 feet in width. And it is further ordered that the Clerk and the Treasurer be authorized to draw a voucher on the F. M. 480 ROW Fund in the amount of $1,933.00, payable to Annie Mae Witt, which voucher shall be delivered upon receipt of her properly executed Right-of-Way Deed and ~~~ Channel Easement. ~. o-o-o-o-o-o-o-o-o-o N0. 11292 OFFr:R TO JULIETTE RATHBONE FINCH AND HUSBAND, GARY L. FINCH, FOR RIGHT-OF-WAY FOR F. M. ROAD 480 On this the 8th day of February, 1971, came on to be heard and considered by the Court the matter of compensation to be paid Juliette Rathbone Finch and husband, Gary L. Finch, as consideration for their conveyance to the State of Texas of a parcel of land required for the reconstruction and widening of F. M. Road 480; and after due consideration, it is ordered on motion by Commissioner Sallee seconded by Commissioner Schwethelm and unanimous- ly approved by the Court that Kerr County hereby offers to pay Juliette Rathbone Finch and husband, Gary L. Finch, the sum of $1,500.00 for land and damages as consideration for their conveyance to the State of Texas of 1.977 acres of land out of Survey 46, E. Williams and in addition to the foregoing cash consideration, Kerr County will construct approximate- ly 1,300 feet of new livestock fencing along the new right-of-way line which fencing shall consist of 39 inch net wire with one barbed wire on top and pressure treated creosoted posts with 7 inch or better tops set 25 feet apart with 3 heart cedar stays between and further, Kerr County will relocate the existing entrance gate and lumber fencing wings as requested and will in addition do any reasonably necessary grade adjustment on the private entrance roadway which might become necessary as a result of the reconstruction of F. M. Road 480. And it is further ordered that the Clerk and the Treasurer be authorized to draw a voucher on the F. M. 480 ROW Fund in the amount of $1,500.00, payable to Juliette Rathbone Finch and husband, Gary L. Finch, which voucher shall be delivered upon receipt of their properly executed Right-of-Way Deed. f~, o-o-o-o-o-o-o-o-o-o