ORDER N0. 14594 APPROVAL OF UTILITY EASEMENT AT THE KERRVILLE MUNICIPAL AIRPORT, BETWEEN THE CITY OF KERRVILLE AND KERR COUPdTY AND THE KERRVILLE TELEPHONE COMPANY AND LOWER COLORADO RIVER AUTHORITY On this the 8th day of February 1932, upon motion made by Commissioner Speakmon, seconded by Commissioner Holland, the Court unanimously approved a Utility Easement at the Kerrville Municipal Airport, between the City of Kerrville and Kerr County and the Kerrville Telephone Company and the Lower Colorado River Authority, for the purpose of erecting, constructing, maintaining, operating, replacing and removing telephone, electrical and telegraph cable or cables. L ~ ' p - _ . ~ ~. _ E A S E M E N T THE STATE OF TEXAS X COUNTY OF KERR X KNOW ALL MEN BY THESE PRESENTS: That the undersigned, City of Kerrville hereinafter called Grantor (whether one or more) for and in consideration of the sum of $1.OOin hand paid by the KERRVILLE TELEPHONE COMPA.'~1Y and the LOWER COLORADO RIVER AUTHORITY of Kerrville, Texas, referred to herein as Grantee, the receipt of which is hereby acknowledged, has granted, sold and conveyed, and does hereby grant, sell and convey unto the said Grantee, its successors and assigns, a right of way and easement for the purpose of erecting, constructing, maintaining, operating, replacing, and removing telephone, electrical and telegraph lines, poles and under- ground telephone, electrical and telegraph cable or cables with the necessary fittings and appliances and appurtenances necessary and reasonable and proper, for transmitting telephonic communications, and electrical service, which right of way and easement shall be of a breadth of ten (10) feet upon, over, under and through the fol]owing lands of Grantor, lying and being situated in __ KERR County, Texas and described as follows: Being all that certain tract or parcel of land lying and being situated in the County of Kerr, State of Texas, comprising a total of 445.3 acres being a part of various Surveys, said tract known as Kerrville Airport being attained by deeds, of record, in Volume 68, Page 302; Volume 69, Page 56; Volume 69, Page 57; Volume 69, Page 137; Volume 69, Page 138; Volume 69, Page 303; Volume 69, Page 306; Vo1.114, Page b Vo1.119,Page 59 of the Deed Records of Kerr County, Texas; to which instruments and [he records thereof reference is here made for all purposes, and more particularly described on the Plat marked Exhibit "A" which is attached hereto and incorporated herein by reference. Said easement being more particularly described as follows: Beginning at a point for centerline of 10 foot down guy easement, said point being an L.C.R.A. power pole which bears 5.87043'20"W., 22.5 feet from the Northeast corner of that 4.1 acre tract leased to Dugosh Aircraft Service Co., Inc.,fand being located 5.87043'20"W., 92.1 feet from a creosoted fence post, the Northwest corner of Lot No. 17 of Shady Grove Subdvision as recorded in Volume 1 at Page 48 of~the Pla[ Record of Kerr County, Texas, and being a corner of said Airport property; thence S.87043'20" W., 25 feet with centerline of 10 foot docan guy easement. Thence from aforesaid power pole N.87043'20"E., 92.1 to a point with centerline for 10 foot utility easement, said point being a common corner for aforementioned Airport property and Lot No. 17 of Shady Grove Subdivision. Thence East, 25 feet to a point for 10 foot down guy easement adjoining and abut- ting Airport property South Line and South, 35 feet to a point for 10 foot down guy easement adjoining and abutting Airport property East Line. Thence from aforesaid common corner for centerline of a 10 foot utility easement N.01043'20"E., 271.0 feet to a point with centerline of 10 foot utility easement, said point being an L.C.R.A. power pole for centerline of 10 foot down guy easement. Thence N.89043'20"E., 35 feet to a point with centerline of 10 foot down guy ease went. Thence from a point on centerline bearing N.01043'20"E., 271.0 feet. 0 Thence continuing N.2 16'40"W., 16.44 feet to a point for centerline of 10 foot easement, passing an L.C.R.A. pole at a distance of 1625 feet. Thence at a point on centerline which bears N.2016'40"W., 1625 feet. Thence N.2016'40"W., 40 feet to a point with centerline of 10 foot down guy ease- 0 ment. Thence at a`point on centerline which bears N.2 16'40"h'., 16.44 fee[. 0 1189.5 feet to a point with centerline of 10 foot ~,~~hence.continuing_S.74 24'W., -- - easement /~ 5 .. •~ Thence N.54o16'W., 47.9'"" °eet to a point with center: ~ of 10 foot easement. Thence N.S0o16'W., 49.30 feet to a point with centerline of '10 foot easement. Thence N.37o01'W., 50.20 feet to a pc in[ with centerline of 10 foot easement. Thence N.15o46'W., 48.80 fee[ to a point with centerline of 10 foot easement. Thence N.21o29'E., 50.20 feet "to a point with centerline of 10 foot easement. Thence N.31o49'E., 53.85 feet to a point with centerline of 10 foot easement, said point being the center of an existing L.C.R.A. power vault. " Thence N.60 Ol'W., 969.2 feet to a point with centerline of 10 foot easement. The Grantee, its successors and assign are hereby expressly given and granted [he right to assign this right of way and easement, or any part thereof, or interest therein, and the same shall be divisible among two or more owners, as to any righC or rights created hereunder, so that each assignee or owner shall have the full right and privileges herein granted, to be owned and enjoyed either in comaon or severally. The Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, ir.- eluding, but without limiting the same to, the free right of ingress and " egress over and across said lands to and from said right of way and easement. TO HAVE AND TO HOLD said right of way and easement, unto said grantee, its successors and assigns until such first telephone, electrical and telegraph line or lines or underground telephone, electrical or telegraph cable or cables be constructed, and for so long thereafter as a telephone, electrical and telegraph line or lines or telephone, electrical and telegraph cable or cables are maintained thereon; and the undersigned hereby binds himself, his heirs, executors and administrators to warrant and forever defend all and singular said premises unto the said Grantee, its successors and assigns, against every person whomso- ever lawfully claiming or to claim the same or any part thereof. The undersigned grantor, his heirs or assigns, reserves the right fully [o use and enjoy said premises except as the same may be necessary for the purposes herein granted; providing however, that the grantee shall have the right from time to time to cut and keep clear all trees, undergrowth and other obstruction on or over said right of way and easement that may injure, endanger or interfere with the use of said telephone or electrical or telegraph lines or fittings and appliances appurtenant to any of said lines. The grantee, by the acceptance hereof, agrees to bury all telephone, electrical, and telegraph cable or cables so that they will not interfere with the cultivation of the land and so as not [o create a hazard to the use of the land, and also to pay for any damage to crops, fences and timber which may arise from laying, constructing, maintaining, operating, altering, repairing, removing, changing the size of, and replacing such telephone, electrical, and telegraph cable or cables. IN TESTIMONY WHEREOF, witness the execution hereof on this the Z( . ~` day of -'~, 19 82 - CITY OF K VILL£ r~ ~/~- -~ Grantor yor Grantor THE STATE OF TEXAS X County of ~ BEFORE ME, the undersigned authority, on this day person- ally appeared kno~m to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same, for the purposes and consideration therein expressed. . " Civen under my hand and seal of office, this day of• A.D. ~~,. . Notarv Public Coun[v. Texa ~'` ~, ~~ ~, ., ~ .- i `, ~. ;• ,' ~ _'y i } i ~~,, ~ '., . ' ~~~ l ~~~ `i ~~ `~ ', i ~~ /~, 1 i . ~ ~'~ ~'t ~ ~ ,,, i , ~'i, '' ~ ~ ~ 1 N` ~ i ~~' ti y, ~~ ~, ~-~~ ~ ~' ~ J ` . ', ~ ~- ~, ~~' ~~ ~'~ '. 1, ` ti`N ~, v J' \~ j ~ , .1 If~ t r a}• , j ~ y. ~ ~y f ~ ,,' :, :~ i~ ' [~ ;.. 2 j / `/~ ~ ~J+~ 1, / _ ( ~, I ~ ~ o~ ~~~ J `` ~~} r J Jr / YT `,. ~__ ~ ~fI ~.--~`'~ _1 ,~ t ~~ t 5 5 i ~, a 4.~ ~: ~: ~, v 1 ~ _--- ~'~ `~ L ,` `C ~a~ GASf~ ~7 , ~ i~'S~y' KO `~~ 2. 4 ~y .\ ,~ ~~.` ~ \ ~ ,~ .~ ~.--. ~~i ~ ~~ ~~ `\ ~ ~~- 1~,~,a~ ~~~~-, ~~~' ~~ ~~_ \ ` _'~"~ ._.l-~ ~~ _~_~ I 1, ~` r ~ 4 ~.,~'' ?t ~ ~^.~ E~ '~ "~ c '`; Order No. 14594 APPROVAL OF UTILITY EASE1`1ENT AT THE KERRVILLE MUNICIPAL AIRPORT, BETWEEN THE CITY OF KERRVILLE AND KERR COUNTY AND THE KERRVILLE TELEPHONE CO. & LOWER COLORADO RIVER AUTH. 2-9-1982 Vol. P, Page 162