And it is further ordered that the Clerk and the Treasurer be authorized to draw a proper voucher in the amount of $10,000.00 on the Special Right of Way Fund to effect the aforesaid investment with the Chas. Schreiner Bank upon the availability of the funds concerned. o-o-o-o-o-o-o-o-o-o N0. 11478 ALAMO AREA COUNCIL OF GOVERNMRNTS TO BE PAID DUES FOR FOURTH QUARTER OF 1971 On this the 19th day of November 1971, upon motion made by Commissioner Bartel, second- ed by Commissioner Sallee, the Court unanimously approved that the Alamo Area Council of Governments be paid $145.91 dues for the fourth quarter of 1871 and that the Clerk and Treasurer be authorized to draw a voucher on the General Fund, payable to the Alamo Area Council of Governments in the amount of $145.91. o-o-o-o-o-o-o-o-o-o N0. 11480 TRANSFr;R OF $20,000.CO from F. M. LATERAL ROAD FUND TO F. M. 480 RIGHT-OF-WAY FUND On this the 18th day of November 1971, upon motion made by Commissioner Sallee, seconded by Commissioner Schwethelm, the Court unanimously approved that the County Clerk and County Treasurer be and are hereby directed to transfer the sum of $20,000.00 from the F. M. Lateral Road Fund to the F. M. 480 Right-of-Way Fund. o-o-o-o-o-o-o-o-o-o COURT ADJOURNED NOVEMBER 19, 1971 at 3:30 o'clock P.M. o-o-o-o-o-o-o-o-o-o COURT CONVENED IN SPECIAL SESSION November 24, 1971 at 10:00 o'clock A.M., with the following officers present: Julius R. Neunhoffer County Judge Clinton M. Sallee Commissioner Precinct No. 2 Roger Stone Commissioner Precinct No. 4 and the Court having duly opened, the following proceedings were had: N0. 11481 ORDER RESTATING ORDER N0. I1, 400, 01'FER TO ROLAND E. WALTERS FOR RIGHT OF WAY FOR F. M. ROAD 480 Un this the 24th day of November, 1971, came on to be heard and considered by the Court the matter of restating the terms and provisions of Order No. 1.1,400, Offer to Roland E. Walters for Right of Way for F. M. Road 480, as entered by the Court on the 8th day of August, 1971, which order is of record in Vol. N, Page 243 of the Minutes of the Court; and the Court, after due consideration of the elements of damages and other factors involved, acting on motion by Commissioner Sallee, seconded by Commissioner Stone and unanimously approved by the Court, hereby restates its original offer as follows: I. Kerr County will pay Roland E. Walters the sum of $14,500.00 for land, damages, and severance damages 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 0.378 acres out of Survey 101. This payment 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 release of all liens of record as to the 7.1 acres of right of way conveyed. TI. In addition to the foregoing cash consideration, Kerr County agrees that it will not undertake to close and abandon as a public roadway any portion of the present right of way of F, M. Road 480 lying between the east line of the Camp Verde Store property and the point of intersection with the relocated route of F. P1. Road 480 at ~, , ~~3 the Verde Valley Ranch, unless: a. Roland E. Walters grants his consent to the closing of such portion of said road- way as Kerr County may elect to close with the consent of the Texas Highway Department; or, b. Roland E. Walters shall have ceased to be the owner of record of the tract of ]and known as the Camp Verde Store property or if he shall have ceased to operate the Camp Verde Store as such. IlI. 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 northeast 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, 1y76, as Kerr County has heretofore committed itself to do pursuant to the provisions of Order No. 11,431 as entered on September 23, 1971, ^- whereby Kerr County accepted a donation of right of way for F. M. Road 480 from R. B. rTowlin and wife, Hazel Nowlin, then Roland E. Walters covenants and agrees to pay to Kerr County the Sum of $3,000.00, which represents the sum which Kerr County has heretofore obligated itself to pay the said R. B. Plowlin and wife, Hazel Nowlin, in the event the herein referred to portion of public roadway is not closed, abandoned and reconveyed to them by October 1, 1976. IV. In addition to other consideration herein 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 "Yenta" 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 ends of the drainage structure in the proximity of Station 270+50 of the new roadway so that it may be utilized as a stockpass; and, in addition, Kerr County will provide not to exceed four 14 foot steel gates to be .... installed at locations acceptable to Mr. Walters and the `Texas Highway Department. 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, that 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 authorized to draw a ~~,/y~,".~ voucher on the F. M. 480 Right of Way Fund in the amount of $14,500.00 pursuant to the r~i provisions of Part I of this order upon comp:Liance therewith by the said Roland E. Walters. o-o-o-o-o-o-o-o-o-o COURT ADJOURNED PdOVEMBER 24, 1971 at 10:30 o'clock A. M. o-o-o-o-o-o-o-o-o-o