ORDER N0. 14382
APPROVAL OF LEASE AGREEMENT BETG7EEtd PECAN VALLEY
RANCH, INC. AND KERR COUNTY
On this the 17th day of June 1981, upon motion made by
Commissioner Speakmon, seconded by Commissioner Guthrie,
the Court unanimously approved the Lease Agreement between
Pecan Valley Ranch, Inc. and Kerr County and that County
Judge, Julius R. Neunhoffer, be authorized to execute said
agreement on behalf of Kerr County, Texas.
]OE GRADY TUCK
ATTORNEY AND COUNSELOR AT LAW
Realty k Professional Bldg. -- _.. _.. _._._..... _.___. _.
1704 Sidney Baker
Kemille, Texaa 78028
ti.....
LEASE AGREEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF KERR §
Y.'
This agreement made and entered in to this /~ day of May,
1981, by and between PECAN VALLEY RANCEi, INC., hereinafter called
Lessor, and KERR COUNTY, hereinafter called. Lessee.
I.
Lessor, in consideration of TEN AND NO/100 ($10.00) DOLLARS
and other. good and valuable consideration, receipt which is hereby
acknowledged, and of the agreement of Lessee herein contained,
hereby grants, leases and lets exclusively into Lessee the following
described land in the County of Kerr, State of Texas, to-wit:
FIELD NOTES DESCRIPTION FOR A 1.21 ACRE TRACT OUT OF PECAN VALLEY
NO. 2 IN KERR COUNTY, TEXAS.
Iiei.ng all of a certain 1.21 acre tract or parcel of land out of
the Pecan Valley No. 2 subdivision as recorded in Volume 4 at
Page 193 of the Plat Records of Kerr County, Texas; being out
of the C.C.S.D. & R.G.N.G.R.R. Co. Survey No. 1312, Abstract No.
1507 in Kerr County, Texas; being that tract shown as "CALICFIE
PI'P" on said plat; and being more particularly described by metes
and bounds as follows:
BEGINNING at an existing iron stake in the east line of Cook bane,
a public road in Kerr County, Texas; which point is the southwest
corner of Lot No. 26 of said subdivision and the northwest corner
of the herein described tract;
THENCE, 5.89°50'E, 200.00 feet with the north line of the herein
described tract and the south tine of said Lot No. 26 to the
northeast corner of the herein described tract;
TEIENCE, along the perimeter of L,ot No. 25 of said subdivision,
S.0°03'E, 274.53 feet and West, 190.00 feet to the southwest
corner of the herein described tract in the east line of said
Cook Lane;
TIEENCE, with said east line, which forms the west boundary of
the herein described tract, N.0°09'W, 140.00 feet; and N.4°11'W,
135.45 feet to the PLACE OF BEGINNING containing 1.21 acres of
land with these metes and bounds.
The premises are leased to the Lessee for use as a source of
caliche and Lessee agrees not to use the premises, or to permit
their use or use of. any part of them for any other purpose.
II.
Subject to the other provisions herein contained, this lease
for a term of ten 1101 years from the date hereof.
111.
Lessee shall have the right at any time during or after the
expiration of this lease to remove all property and fixtures placed
by Lessee on said land.
IV.
Lessee shall have the right to remove caliche from the leased
premises, at such times and such quantities as it choices within
its sole Discretion; provided, however., that all such quantities of
caliche shall be used exclusively on roads in Pecan Valley Ranch
Subdivision, Sections 1 and 2, which have been dedicated to and
have been accepted for maintenance by Lessee.
V.
Lessor, and successors or assigns, reserve the right to con-
struct a fence around the leased premises; provided, however, that
in the event any locked gate is placed on the premises, then, in
such event, Lessor, and successors or assigns, hereby agrees to
provide to the County Commissioner of Precinct 2, of Kerr County,
Texas, a key and/or combination to any lock on such gate so as to
provide ready access to Lessee to the leasec9 premises.
V1.
Lessee agrees to remove caliche from the leased premises in
such a manner so as to prevent an accumulation of water in any
excavation depression caused by the removal of said caliche mater-
ial.
VII.
Lessor is to pay all state, county, and school taxes which
may he assessed on the real estate.
VIII.
Lessee shall not assign this lease, or any interest therein,
or any r.i.ght or privilege appurtenant to it, or allow any person
other than Lessee and its agents and employees to occupy or use
the premises or any part thereof, without first obtaining Lessor's
written consent. thereto.
IX.
Lessee agrees that at the expiration of this lease, i.t will
quit and surrender this leased premises without notice, and will
- vge..~a.:~.rw.;f,aw... 3:'4Aa4~'M^V+T'e+~wJi^^: RYi"Y:rt++-.~.-.: ~`~ ...n.. .~
aeiiver ro i,essor all xeys oelonylciy co Lne premises.
X.
The terms, conditions, and covenants of this lease shall
be binding upon the heirs, successors, administrators, executors,
and assigns of place hereto, accept as otherwise herein provided.
EXECUTED this ~_•day of May, 1981.
PECAN VALLEY RANC/lH, INC.
MICHAEL E. TUCK
Attorney in Fact
Pecan Valley Ranch, Inc.
KERR COUNTY
By
THE STA'PE OF TEXAS
COUNTY OF KERR
BEFORE ME. the undersigned authorit••. on this da•~
personall^ anneared MICHAEL E. TUCK. known to me to be the
person whose name is subscribed to the fore^oim~ instrument.
as the Attorney in Fact of PECAN VALLF,Y RANCH. INC.. and
acknowledged to me that he subscribed the name of PECAN
VALLEY RANCH. INC. thereto as -principal and his own name as
Attorne•• in Fact. and executed the same for the nurnoses and
consideration therein expressed and in the canacit~~ therein
set forth.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this '~''
da~~ of ~ ~ 1981.
Notar~~Public in and for
Kerr Count~~. Texas
THE STATE OF TEXAS JLAiJITiI P. D',U!J
NG?F,['Y f ULiC IN & ft!" IS, i;:; G'U FY, TEX~1o
COUNTY OF KERB MY COMPoII;SU;N [X~9:L5 S'_i'T. 5, 19„'_~~L.
BEFORE ME, the undersinned authority, on this da~~
personalLv anneared ;fulius R. Neunhoffer, Co. ,fudKe of Kerr Co.,Tx. known ~
me to be the person whose name is subscribed to the foreROinn
instrumenr_, and acknowledned to me that he executed the same
for t_ha nurnoses and consideration therein expressed, and as authorized
representative of Kcrr County, Texas.
Give under my hand and seal of office on this the / I
da•~ of. ,; ,,r,..._ 1981 .
i r
Notary public in and for
Kerr County, Texas
BILLIE G. MEEKER
Notary Public, Kerr County, Texas
Oxdex No~ 14352
OF LEA5E AY UGH, INO.
BE ~E Rg COUNTYALLE
p,ND ~
6-17-1951
Vol ~ Y , Page ~0