ORDER N0. 21069
RGPROVRL OF COUNTY ATTORNEY TO NEGOTIRTE
WITH CERTAIN GROF'ERTY OWNERS ALONG SAWMILL RORD
On this the 24th day of Rugust 1992, upon motion made by
Commissioner Holekamp, seconded by Commissioner Oehler, the
Court voted by a eajority vote of 3-0-1 with Commissioner
Lackey Abstaining to authorize the County Attorney yr his
designee to negotiate with certain property owners along
Sawmill Road (T. H. Lackey, Floyd Lackey, Gilbert A.
Gerstenberg,Tempie Nell Gerstenber•g, Lewis Lange Lackey and
Lewis Lamar• Lackey) to obtain ownership of a thirty-foot
(3@') strip of land across s~_ich properties, to be used for
establishment and maintenance of that portion of Sawmill Road
that crosses said property, as per• survey.
Additionally, this motion proposes that the Commissioners'
Court order that the County Attorney is authorized to
represent to the property owners that as part of taking on
maintenance of the thrity-foot (~@') roadway, the county will
move the property owners' fences back to the newly
established property lines.
Rdditionally, this motion proposes that the Commissioners'
Court order that when ownership of the property is
tr•ansfer•red to the county, the county shall take on
maintenance of said road.
Additionally, this motion proposed that the Conmissionersr
Co~_~r•t order that if the County Attorney or• his designee is
not able to reach an agreement with the aforesaid property
owners regarding obtaining the necessary land for• said
thirty-foot (30') roadway by the end of the work day
(S:@@G. M.) on August 27, 1992, the County Httor•ney shall be
authorized to proceed to file a lawsuit requesting all
necessary r^elief, including but not limited to declaratory
relief, injunctive relief, damages, both actual and p~_~nitive,
and attorneys fees.
This motion also proposes that the Commissioners' Court order
that in the event injunctive r^elief is sought, the County
Attorney is specifically authorized to proceed witho~_it
~~ posting a bond, as provided for in Texas Civil Practice R
Remedies Code, Section 6.001. Any personnal property in the
obtained right of way shall be removed within 48 hr•s or
become the property of Kerr Co.
GAGE 714