ORDER NO. 14206 On this the 8th day of December, 1980, at a regularly scheduled meeting of the Commissioners' Court of Kerr County, Texas, on motion made by Commissioner seconded by Commissioner Guthrie and unanimously approved by the Court, it is ordered that the County Judge of Kerr County be authorized to execute the attached "Access and Utility Easement Agreement" by and between the Gity of Kerrville and County of Kerr and RR LTD. , providing for access to the leased premises. Each page thereof was initialed by the County Judge for identification. Signed at meeting held on this the 8th day of December, 1980. Frank L./S'~eakmoli~ County Commissioner C Victor Lich, Cou4ity Commissioner r ~ o Bill t ie, Co ty ommissioner A T ~',ES~T, :, '~~. ~' r~ rx Em~ie~ lvl. Mijenkar, County Clerk and Ex-,Officio GieZIG of the Commissioners' ~. Courts ~" lb y L. P e e Earl Garrettt County C~.ommissioner ~_~~ ~/~ RESOLUTION On this day, at a regular meeting of the Kerrville-Kerr County Joint Airport Board by motion duly made and seconded, it was unanimously resolved that the attached "Access and Utility Easement Agreement" by and between the City and County and RR LTD. providing for access to the leased premises be approved and the Board recommended that the same be executed by the City and County. Each page of such Access and Utility Easement Agreement was initialed by the chairman for identification. Meeting held and Resolution adopted this ___~ day of ~~ 1980. ~G ` ~ p^ ~ l~f~ i ~ ~t ,t.~f ~ P }k Sl I ACCESS AND UTILITY EASEP7ENT AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This Agreement, made and entered into on this the day o£ 1480, by and between. the City of Kerrville, a mur_icipal corporation, and County of Kerr (herein jointly called "Grantor"), and R R Ltd., a Texas limited partnership (herein called "Grantee"); W I T N E S S E T H: WHEREP.S, Grantor and Grantee have this date entered into that certain Lease Agreement (herein called "Said Lease") covering a parcel of land containing 3.32 acre s, as more particu- larly described in Exhibit "A" attached hereto and made a part hereof for all purposes (herein called the "Leased Premises"), together with a roadway and taxiway easement (herein called the "Roadway and Taxiway Easement") covering that certain tract or parcel of land described in Exhibit "B" attached hereto and made a part hereof for all purposes; WHEREAS, Grantor has agreed in Said Lease to cause to be constructed an asphalt road along the course generally described and shown as the "Temporary Entrance Road" in Exhibit "C" attached hereto and made a part hereof for all purposes, such Temporary Entrance Road to consist of a public street extending from the point of its intersection with U.S. Highway 27 to the point from which the westerly extension thereof extends to the apron at the Kerrville-Kerr County Airport; WHEREAS, Grantor and Grantee desire to enter into further agreements pursuant to which ingress and egress may be made to the Leased Premises from the northernmost extension of as the Temporary Entrance Road, and to provide a means for providing easements fen utility facilities to be constructed to serve the Leased Premises; ~~'il NOW, THEREFORE, for and in consideration of the premises and mutual covenants herein set forth, the parties do hereby agree as follows: 1. Grantor does hereby grant to Grantee a private fifty foot wide roadway easement (herein called the "Access Easement") for vehicular and pedestrian ingress and egress over and across that certain strip o£ land described in Exhibit "D" attached hereto and made a part hereof for all purposes. Grantor sna11 have no duty or obligation of any kind to construct any type of roadway across such Access Easement or to maintain any roadway so constructed by Grantee across such Access Easement. However, Grantee shall be entitled, at its option, to cause a roadway to be constructed according to specifications determined by Grantee in the exercise of its sole discretaion over and across such Access Easement to the point o£ its connection with such Roadway and Taxiway Easement, all at the sole cost and expense o£ Grantee. Likewise, Grantee shall be entitled to maintain such roadway so constructed and all costs and expenses incurred in maintaining the condition of such roadway across the Access Easement shall be borne by Grantee. bn like manner, Grantee shall be entitled to construct, at its sole cost and expense, a roadway and/or taxiway over and across the Roadway and Taxiway Easement granted by and described in such Lease, according to such specifications as Grantee shall determine in the exercise of its sole discretion, and all costs and expenses of maintaining any such roadway and taxiway constructed across such Roadway and Taxiway Easement shall be borne by Grantee. 2. Grantor agrees that Grantee shall have the right to enter upon and commence construction of the roadways and taxiways described in paragraph 1 above at any time Following execution and delivery of this document. However, in the event and at such time as Grantee shall enter into possession of such Access Easement or such Roadway and Taxiway Easement for the -2- purpose of construction of such roadways and taxiways, Grantee shall commence to pay to Grantor, as rental for the use of such _asement, the sum of $100.00 per mor_th for each and every month thereafter until such time as (i) the monthly rental provided for in Said Lease shall commence to be due and payable, or (ii) Said Lease shall be terminated, whichever is earlier, at which time no furtlher rentals shall be payable by Grantee £or the use and possession of the Access Easement and the Roadway znd Taxiway Easement. Grantor and Grantee acl~nowledge that the location of the above-described Temporary Entrance Road and the Access Ease- gent extends in a northerly direction therefrom, on, along or near the "future route o£ Loop 535. In the event and at such time as the Texas State Highway Department shall hereafter commence construction of a permanent highway for Loop 535 along all or part of the location of the Temporary Entrance Road and the Access Easement, the exact course of such Temporary Entrance Road and Access Easement may be changed so as not to interfere with the construction of such Loop 535. In the event and at such time as G=antee's access to the Leased Premises is interfered with or hindered by the construction of such Loop 535, then Grantor agrees that it shall grant to Grantee an easement at least 30 feet wide (herein called the "Relocated Access Easement"j extend- ing from some point on the Temporary Entrance Road which is not affected by the construction of such Loop 535 and extending across lands owned by Grantee to a point of intersection with the Roadway and Taxiway Easement so that at all times throughout the term of Said Lease, Grantee shall be entitled to free and uninter- rupted access from the Temporary Entrance Road to the Roadway and Taxiway Easement. A11 costs incurred in construction and mainte- nance of a temporary roadway over and across the Relocated Access Easement to the point of its intersection with the Roadway and Taxiway Easement shall be paid by Grantee. y1~' 3. At such time as Loop 535 shall be completed so as to provide a means o£ public access to the northernmost extension of the Roadway and Taxiway Easement, then all rici~ts to use the Temporary Entrance Rcad and the Access Easement granted under and pursuant to the Said Lease and this Agreement shall terminate and be of no fu_-ther force and effect and Grantee shall thereafter utilize Loop 535 as a means of access to the Roadway and Taxiway Easement and the Leased Premises. strutted during the term of Said L~ to use the Temtorary Entrance Road remain in full force and effect so force and effect. The Roadway and remain in force and effect so long I f such >_ase, th and the long as Taxiway as Said Loop 535 is not con- =_n the rights of Grantee Access Easement shall Said Lease remains in casement shall be and Lease remains in force and effect. If for any reason the location of Loop 535 does not connect with or intersect the Roadway and Taxiway Easement, tF-.en Grantor shall grant to Grantee an easement at least fifty (50) feet wide extending from Loop 535 to the Roadway and Taxiway Easement. All costs incurred in construction and maintenance of a roadway over connecting easement shall be paid by Grantee. 4. In order to provide a means of extending water, electric power and telephone utility service to the Leased Prem- ises, Grantor agrees that upon receipt o£ written recruest by Grantee, it shall grant appropriate utility access easements over and across any lands owned by it situated within the Kerrville-Kerr County Airport to the Leased Premises. The location of any such utility access easement shall be reasonably located so as not to interfere with or obstruct any normal and usual Airport activi- ties and all lines which are constructed to provide such utility service to the Leased Premises shall be constructed underground in such a manner as shall be reasonably required by Grantor. Befcre beginning construction of such utility lines, Grantor shall be given written notice of the location thereof. No consid- oration of any kind shall be paid to Grantor for any such utility ~ , -G- ~~ ease>~ent; however, Grantor shall have no obligation to pay any of the costs of construction or installing any utility lines to serve th<_ Leased Premises. 5. The rights here'_n granted to utilize the 't'emporary Entrance Road, the Access Easement and the Roadway and Taxiway ~asement shall extend to Grantee, its partners and all of their respective guests, invitees, successors and assigns. IN WIT?QESS WHEREOF, this Agreement has been executed and delivered on the day and year first hereinabove set forth. CITY OF KERRVILLE By: .~ U1108/C Manly W. Cooper, Jr., COUNTY OF KERR By: Judge Julius Neunhoffer R R LTD. By: John Duncan, General Partner By: W. F. Roden, General Partner BY: SHELTON RANCH CORPORATION By: Robert R. Shelton, President l` ;' F!S k-~_ tFet LJ~fY_D.i l' n D01~'1(NGUES ~ ASSOCIATES, INC. RURAL AND CITY SURV"tl'ING SU BDI VrSION PLA Nf:ING AND SURVEYING bD9 SIDNEY BAKER / KE RRYIIIE, TE%w5 7&D2B TELEPHONE (512) P9E-E90D July 16, 1980 R. R. LTD. Ir~yd Jary 2426 Ceetee -- San F:~tonio, Stmt T~,as 78217 Job I~b. 2356 Field notes for 3.32 acres for R.R.LTil Hangar, }:errville r:micip3l Aii~ort. All that certain tract or parcel of land 1}'ing and being situated in the Co~;uity of 3:err, State of Texas, corr~ringing 3.32 acres of land, out of Original Survey 2JO,94, O.V.R~binson, Abstract No. 282, being part of t}~ Louis Sc~~,rein~*- Airport, and subje~-t tract being lrore particularly descril~~d b}' rretr s and baands, as follaas, to wit: Ss'.G1T"t'IIaG at an iron stake ~t w?~ere a lire parallel to and 300 feet SE of the cznter of e_~•:isting 100 foot wide 1~ - S:v i-lu~way intersects a line r~uv~ing paral lal to and 50 feet Fast of the exi e,^.sion of an existing 40 foot wide taxi way running N. IS°36'W., located a,~roxiTately 2343.2 feet N, 39°30'W, fran a creosoted post, t`r SE corner of a 2 acre tract previously leased to II~kes ltstronautics Co., being the ~J corner of iot No_ 16 of S]»dy Gmve Subdivision-as recorded in Volt..-ne 1 at Paoe 48 of the Plat Fei_~ords of F:err County, 'Te~;as, and being a corner of the said Airport prooerty; T.~z,'NCE along a line parallel to and 300 feet SE fran said existing 100 foot wide NE s SI9 runway, also parallel to and 100 feet SE fran existing 40 foot wide taxi way, N.32°06'F.. 387,7 feet to an iruz stake, the North corner of subject tract; Ti~dC'-' S.57°55'E. 131.2 feet, an iron stake, and S_15°36'E. 4DD.0 feet to an iron stake, the SE ~rner of subect tract, >n the North line of .a proposed 100 foot wide Taxi-Rsadway; 'ISyc'-7,1C~ with the North line of said 100 foot wide Taxi-Roadway, S.74°24'h. 375.0 feet to an iron stake, the SW corner of suY,ject tract; TI-II~CE N.15°36'W. , parallel to and 50 feet East of the e~.~ension of an existing 90 foot wide taxi way 236.0 feet to the place of beginning, :• Surveyed on the ground and field notes written by LX~ningues S Associates, Inc.; C7larles B. Ecrningues, President, Registered Public Surveyor No.1713, and, 'Louis Dcczingues, Vices-President, Registered Professional Engineer No. 1633, F~gistered Public Surveyor No.222,a Licensed State Lana Surveyor and County Surveyor of Fern County, Texas. Ch,~rlcs B. fxrningues _ Presiaent 3i~istered Public Surveyor No. 1713 609 Si cney &sl:er Street Kerrville, i~~s 78028 Telep.'iz-~e (512) 846-69D0 1 FC• .. r Y~' "~ .a ice... _ .. }.::1~__ ACS FS:_~[F," DOM11'~~GUES ~ ASSOCI,4TES, INC. RURAL AND C17Y SURV EY RdG SU oDIVISION PLA H!: 1!;G AND SURVEYING L09 SIDNEY BAKER ~ KERRYILLE, TEXAS 76D76 TELEPHONE (512) E96-6900 July 16, 1980 R.R. L7`D. Job No. 2346 I~yd Jazy 2426 Cc-,.tee Street San nntc.-~io, i~as 78217 Field notes for promised 100 fart wide Taxi-FoaQ ay, Kerrville 2:nicipal Airport. All that certain tract or parcel of land lying and being situated in t}~ Crnu~ty of Kerr, State of Tomas, ~~ri sing 2.9 acres of land, _a:t of Original Survey 230. 49, O.V.Fbbinson, Abstract No. 282, being pal.-t of IrnLis Schreiner Airport, and being a strip of l~sd 100 feet wide, running fran Th~cas Hig'nway I~partnz~Tt baseline of promised read to existing 40 foot wide taxi way, and subject tract being rrore particularly described by metes and bounds, rs folio«~s, to wit: I3~I2~'VIT'G at ?1T iron stake set at station 157+73.1 rn said T~cas Hig`itay l-zselire, located approximately 1822.1 feet N.9°11'W, fran a cmo~ted post, the SE ~rner of a 2 acre tract previously leased tD I~}:cs Astronautics (b., being the SW corner of IAt No. 16 of Shady Grvve Subdivision as recorded in Volu•re 1 at Page 48 of the Plat Records of Kerr OOUnty, micas, and being a corner of the said -Airport property; t zs~E'rJC7i S. 74°29'W. 1211.5 feet tD a nail in NE edge of existi,-~ !' 90 foot wide taxi way, running perpendicular to existing 100 fart wide NE 6 SW runway; . ' Tf~~3C~ with lv3i edge of pavamnt of said existing 40 foot wide taxi way, N.57°55'W. 135.2 feet to a nail, the A'W corner ' of subject tract; iCL.i CCU ACS.::. TfI~'CE N.79°24'E., at 147.9 feet, the SW corner of a 3.32 acre tract, at 522.9 feet, the SE corner of said 3.32 acre tract, a total distance of 1328.5 feet to an iron stake, set on " aforesaid i`exas HigtTway baseline; ~flr"t,2,2C~ with said 7pxas Highway baseline, S.1°04'E. 103.3 feet to the place of beginning. Surveyed on the ground and field notes written by 1Xrningues & Associates Inc., C7iarles B. IXraingues, President, Register-ar3 Public Surveyor No_ 1713, and, Zouis l~xningues, Vice-President, Registered Professional Engineer No. 1633, registered Public Surveyor 270.222, a LicerTSed State land Surveyor and County Surveyor of Kerr (~OLmty, Texas. (`n,aTles B. Demirgues President Registered Public SLUtiz}nor 230.1713 609 Sidney Baker Street 2:erxville, ~}°S 78028 Telep~e (512) 896-6900 " ~~ .. ~` 6 - :, __ _-~ . - ~ ~ - - ~~ - ~, r _o . ~/ / --. .~ !J7`'1I ~~ r .~ ~ _ \ + \ J ` \ \ - \ \\\\ R'~~ ~ J / ` ~ /i ---~ r / - _ F ~rccc~ - -/ J - CANT P.AGiQRS . r __~ STORAGE ~ ~~.5'J. •,~ -/ _ AREA tiLc? ~ - ~` J L s IS . J/TJ PROJECT / ~4 ~ p _ t JJ ! LJJ - ~~ J ~~ .. Y J ~ - US GS Bµ '"9~~p - CONTRACTORS ~, \ p ENTRANCE {-~ _ ~ - y. e MONUM1'-ANT t.~ 1 ~- - ~~ --- ~- Z J -' `- -'- - - - _ ~. ~~~ _ _ ----' -7 . U-Ssc:- Fi1GHWAY ._ - - - - " - _:." DAT A{RPORT LAYOUT SGa~E 1 ~= 500 _ cam"'---_ aEl.~. E'.- .__ DOMINGUES ~ ASSOCIATES, INC RURAL AND C17Y SURVEYING SUBDIV:SICN PUNNING ANC SURVEYING 609 SIDNEY BAKER .~ KERR SILL E, 7E%AS 78C28 TELEPHONE (512) P96-6900 R.R. Ltd. November 7, 1980 D;r. Loiyd Jary Job No. 2390 2°26 CeGee St. San Antonio, Texas 78217 rr^ield notes for 50 foot wide roadway easement, Kerrville Municipal Airport. An easement for roadway 50 foot wide across the Louis Schreiner Airport, Original Survey No. 44, O.V. Robinson, Abstract No. 282, .and being a strip of land 50 foot wide running from now existing end of pavement to a 100 foot wide Taxi-Roadway, and whose West right of way line is more particularly described by metes and bounds, as follows, to wit: BEGINNING at a fence corner post, the NE corner of that 4.1 acre tract leased to Dugosh Aircraft Service Co. Inc., and being located 256.6 feet 5.88°W. from a creosoted fence post, the SW corner of Lot 16 of Shady Grove Subdivision as recorded in Vol.l at Page 48 of the Plat Records of Kerr County, Texas, and being a corner of said airport property; THENCE with the West right of way line of said easement, N.1°04'W. at 1808.0 feet, an iron stake the SE corner of said 100 foot wide Taxi-Runway, a total distance of 1911.6 feet to an iron stake, the NE corner of said 100 foot wide runway-Taxiway. Surveyed on the ground and field notes written by Domingues and Associates Inc., Charles B. Domingues, President, Registered Public Surveyor No. 1713, and, Louis Domingues, Vice-President, Registered Professional Engineer No. 1633, Registered Public Surveyor No.222, a Licensed State Land Surveyor and County Surveyor of Kerr County, Texas. C_ic'''y~.~- ~~~ ~*f ~ y CST Charles B. Domingues Registered Public Surveyor No.1713 Filed..~~._Day of .A•.~•~ ~' MIE M. MUE ICE ' ~ /~~~~ ~1 panty utt, IC,~rr eie~ yG~y'~ 4 Order No. 14206 APPROVAL OF "ACCESS & UTILITY EASEDIENT AGREEP~IENT" BY AIdD BETS'7EEIQ THE CITY OF Y.ERRVILLE & RERR COUNTY AND RR LTD. 12-3-1980 Vol. O, Page 637