ORDER N0. 15233 ACCEPTANCE OF PERPETUAL RIGHT-OF-WAY EASEMENT FROM JAMES 0. SHURTLEFF TO THE COUNTY OF KERR, WITH STIPULATIONS THAT KERR COUNTY WILL NOT ACCEPT THE MAINTENANCE OF ROADS UNTIL THEY ARE BROUGHT UP TO COUNTY STANDARDS On this the 13th day of October 1983, upon motion made by Commissioner Holland, seconded by Commissioner Guthrie, the Court unanimously approved acceptance of a Perpetual Right-of-Way Easement from James 0. Shurtleff to the County of Kerr, with stipulations that Kerr County will not accept maintenance of roads until they are brought up to County standards. EAWEMT/,IOB" I"/HRJ/kj ~ . 8A~86~o PERPETUAL RIGHT-OF-WAY EASEMEN~IlT STATE OF TEXAS ~ ,V~L 18 PAS 193 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF KERR ~ THAT I, JAMES O. SHURTLEFF, of the County of Kerr, and State of Texas, (herein Grantor) for and in consideration of the sum of ONE AND NO/100THS ($1.00) DOLLAR in hand paid by the COUNTY OF KERB, TEXAS, the receipt of which is here acknowledged, and the further consideration of the covenants later expressed herein, have this day GRANTED AND CONVEYED, and by these ;presents do GRANT AND CONVEY unto the COUNTY OF KERR, TEXAS (herein Grantee) a dedicated public road easement and public right-of-way upon and across all of the following described property of Grantor, viz: Being al l of a certain 6 0 f t. wide strip of land containing 5.813 acres of land for road purposes, upon, over and across 2 tracts of land in the name of Meek-Syfan Ranch Brokerage, Inc., 3.247 acres of record in Volume 158, at Page 205 as conveyed from Charles W. Henry, and 33.263 acres of record in Volume 161, at Page 13 as conveyed from Tilford E. Clark, et ux, both recorded in the Deed Records of Kerr County, Texas; comprising approximately 3.6 acres out of C. C. S. D. & R. G. N. G. R. R. Co. Survey No. 1330, Abstract No. 1113, and 2.2 acres out of Walter Fosgate Survey No. 120, Abstract No. 138 in Kerr County, Texas; and being 30 ft. along each side of and abutting a centerline described as follows: BEGINNING at a 5/8" iron stake in the centerline of an existing road and in the North right-of-way line of Interstate Highway No. 10, 62.96 ft. N. 69° 55' W., from the east corner of said 3.247 acre tract, which point bears approximately 2020 ft. S. 45° W: and 1895 ft. S. 45° E. from th.e East corner of said Survey No. 120; THENCE along the meanders of t:he centerline of said road: N. 31° 05' W., 296.11 ft.; N. 67° 26' W., 802.31 ft.; N. 83° 11' W., 473.80 ft.; S. 83° 53' W., 138.82 ft.; S. 68° 08' W., 711.07 ft.; S. 74° 50' W., 50.72 ft.; and N. 82° 42' W., 138.09 ft. to a point 30 f t. from the South line of said 33.263 acre tract and said north right-of-way line of said Highway I-10; THENCE continuing along the meanders of the center- ' - - - - r - - _ ~ - - - ~ ~ n r L r.,..-.... ..., a ,..., ..., i i ,-, i a-.. c ..,, +. t, EAS.EMT/JOB"I"/HRJ/kj VOL; 18 PqG£ 194 N. 30° 48' W., 489.87 ft. to a 5/8" iron stake at the terminus of said centerline in the West line of said 33.263 acre tract and 30.67 ft. from its southwest corner, comprising 5.813 acres of land within said 60 ft. wide road easement. Included with this grant, without limitation, is Grantee's right to use the aforementioned right-of-way easement for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing electric trans- mission lines, telecommunication transmission or distribution lines, placing, constructing, operating, repairing, maintaining, re- building, replacing, relocating, and removing a pipeline or water distribution line or sewer line or underground utilities for the transmission of natural gas products, or water or sewer providing pedestrian and vehicular ingress and egress over, across and upon the above described property. Grantee shall have the right to cut and trim trees or shrubery which may encroach upon the easement area herein conveyed and Grantee shall dispose of all cuttings and trimmings either by piling or burning within the easement area or by loading and hauling away from the premises. By the acceptance of this Easement, Grantee agrees that if at any time in the future, and from time to time, it shall cause the grade of the existing private roadway to be lowered or raised so as to physically deny access to the adjoining lands of Grantor, then Grantee will install or cause to be installed and maintained such ramps, drainage and other structures as are necessary to provide access by all types of motor vehicles between (and to and from) the adjoining lands and the travelled portion of the easement granted. The structures aforementioned shall be installed at no expense to Grantor, and during any period of construction on the easement temporary access ramps will be constructed and maintained at such • ..EPi~uEMT/JOB" I"/HRJ/kj VOL: ~$ PAGE 195 described Right-of-Way Easement; it being specifically understood that Grantee shall have no obligation or responsibilities to main- tain, perform labor or provide materials to any of the adjoining private property not burdened with this Right-of-Way Easement. The foregoing agreements are, and shall remain, covenants running with the grant and the lands adjoining the same, and shall be binding upon and inure to the benefit of the parties hereto and the heirs, successors and assigns of the parties. The easement, rights, and privileges herein granted shall be exclusive and perpetual. Grantor hereby binds himself, his heirs, executors and administrators to WARRANT AND FOREVER DEFEND the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this S~ day of E~cta 8E2 , 1983. ~„t.~ D J MES O. SHURTLEFF AC P ED RR COUNTY Pe de 15233 nt udge or on Morriss rr County, Texas STATE OF TEXAS § COUNTY OF KERR § This instrument was acknowledged before me on the to ~ day of 1983, by James O. Shuptleff. L/ Notary Pu ic, State of ~~ My Commission Expires: X ~t7f~ i ~i~~~i~S ~'~' _ _ 1 y Nota.ry's printed name '~`~•" • :~~ Gtr~antee's Address: ~ 1` ._ . ~"•~ ~; 0~7t f VSF ~ . ~ :u.. • c^. c_• K~RR.~~~~E~ i 1~ ?~'oZ ~ •. A FILED FOR RECORD ORDER N0. 15233 VOl' 18 PAGE 196 ACCEPTANCE OF PERPETUAL RIGHT-OF-WAY EASEMENT FROM JAMES 0. SHURTLEFF TO THE COUNTY OF KERR, WITH STIPULATIONS THAT KERB COUNTY WILL NOT ACCEPT THE MAINTENANCE OF ROADS UNTIL THEY ARE BROUGHT UP TO COUNTX STANDARDS On this the 13th day of October 1983, upon motion made by Commissioner Holland, seconded by Commissioner Guthrie, the Court unanimously approved acceptance of a Perpetual Right-of-Way Easement from James 0. Shurtleff to the County of Kerr, with stipulations that Kerr County will not accept maintenance of roads until they are brought up to County standards. VOL: 18 THE STATE OF TEXAS X COUNTY OF KERB ~ PAGE 197 T, PATP.ICIA DYE, Clerk of the County Court and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas, do hereby certify that the above and foregoing is a true and correct copy of ORDER N0. 15233 passed by the Commissioners' Court on the 13th ay of Octob , A. D. 19 83 as the same appears of record in Vo ume ,p~ Page 387 of the Minutes of the Commissioners' Court of~ Kerr County, Texas. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office at Kerrville, Texas, on this 14th day of October , ~,~ ~~~~ ~;~~ 8 3 ~ ~" . ~~ ' h~ C~ ~ ~' PATRIC IA DYE d~~ Clerk of the County Court and Ex-officio Clerk of the Commissioners' Court of Kerr County, Texas $y Deputy 83$30 ~~-~'~. ~. ~µ~-t o~K1~ EIIED FOR CiECORD a ' o a'ctock_,,..,.,, a. ~l OCl' I4 i883 PATRlCIA OYE Ctak C~atSy CGati. (iq~ COlsiy. T17iS ~~- aPocJ 8 Re4ua To: JONS Arm PAttKBR, P.C. ATTORNEYS AT LAW 713 EARL CARRE'!'T P.O.110X r72 KERRVILLE~ TEXAS 7M2~ COL! ~e .PAGE ~9e ed y: ~ ou.~1 ryf Te~cQs t 9R3-~G~e4itah d TtN CMA N hwrs Ilrerd~d--Ciae 1 wrw a d.~. THE STATE OF TEXAS County of_ ...............Kerr f PATRICIA DYE ..Clerk of the.......Count~( ,,,_.Court of Kerr ...Cota~ty, Texas, do hereby certify that the foregoing u a true and correct coAv of the mini»el PERPETUAL RIGHT-OF-WAY EASEMENT FROM