`~~~
N0. 11431 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 considered by the
Court the offer of R. B. Nowlin 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 unanimously 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 a Right-
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 dona-
tions 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
with 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 con-
veyed to Rex Kelso and running east to the point of intersection with the relocated route
of F. M. 480 in the proximity of Station 236 of the centerline of the new roadway 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 re-
conveyed 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 fore-
going immediately after the construction of the new roadway, there shall remain a continu-
ing covenant on the part of the Commissioners Court of Kerr County to accomplish the fore-
going at any future time when such legal or administrative factor shall have ceased to
exist.
In addition to the foregoing consideration, Kerr County will, prior to the construc-
tion of the new roadway, construct a new fence on the south line of the right-of-way donat-
pressure
ed, which fence shall consist of 34 inch net wire with one barbed wire on top and /treated
creosoted pine posts with 6 inoh or better tops, set 25 feet apart with 3 heart cedar stays
between; and after completion 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 be 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 Highway 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-Way 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 re-
ferred to right-of-way and channel easements the sum of $3,000.00.
o-o-o-o-o-o-o-o-o-o
COURT ADJOURNED SEPTEMBER 23, 1971 at 11:00 o'clock A. M.
`/ `~.
o-o-o-o-o-o-o-o-o-o