ORDER N0. ~q~_ APPROVAL OF TELEPHONE LINE RIGHT-OF-WAY EASEMENT BETWEEN THE COUNTY OF KERR AND THE CITY OF KERRVILLE, GRANTORS, AND HILL COUNTRY TELEPHONE COOPERATIVE, ING,, GRANTEE On this the 28th day of January 1985, upon motion made by Commissioner Hic~c~ins ~ seconded by Commissioner Holland the Court unanimously approved a Telephone Line Right-of- Way Easement between the County of Kerr and the City of Kerrville, Grantors, and Hill Country Telephone Cooperative, Inc., Grantee, in concurrence with the City of Kerrville. It is ordered by the Court that County Judge Gordon S. Morriss be authorized to execute said easement on behalf of Kerr County. TELEPHONE LINE RIGHT-OF-WAY EASEMENT THE STATE OF TEXAS COUNTY OF KERB KNOW ALL MEN BY THESE PRESEPJTS: THAT, WHEREAS, heretofore the COUNTY OF KERR and the CITY OF KERRVILLE ("Grantors") do grant and convey telephone right-of-way easement unto the HILL COUNTRY TELEPHONE COOPERATIVE, INC. ("Grantee"); and it. is hereby agreed by and between the parties hereto, that the aforesaid easement agreement will hereafter read as follows for all intents and purposes: 1. Grantors GRANTS, SELLS and CONVEYS subject to the terms and conditions hereof unto Grantee and its successors or assigns an easement for the purpose of constructing, operating, maintaining, repairing, reconstructing a single seven- ty-five (75) pair telephone cable and necessary appurtenances to provide service to the area of Kerr County designated as Sh~~dy Grove Subdivision as follows: Out of Warranty Deed dated 17th day of February, 1982; Theron M. 4illiams, James Earl 4illiams, Carroll Williams, "Grantors", to City of Kerrville and County of Kerr, "Grantees"; recorded iri Kerr County Courthouse, Volume 257, Pages 612 to 615, February 18, 1982. Out of a 46.477 acre tract: Beginning at an iron pin set in the Northwest corner of the J. T. 4illiams' property, `the same being in the West 'line of the John Matchett Survey No. 43, A-243, in the County of Kerr, State of Texas, same being 5,019.45 feet North of the Southwest corner of said Survey: THENCE S.89°53'43"E., 1369.57 feet along the South line of the Shady Grove Subdivision where the Grantee will place the telephone cable eight (8) feet from and parallel to the property line fora distance of 440 feet; THENCE S.54°53'43"E., 470 feet to a point eight (8) feet West of the East property line; THENCE S.0°1'll"E., 2,639.74 feet to Bight (8! feet l~Jest of the Northeast corner of the old railroad property; Southwest corner of the John Matchett Survey No. 43, A-243, County of Kerr, State of Texas. This tract being a portion of said Survey; THENCE with the North line of the old railroad right-of-way, S.51°08'41"E., 127.92 feet, S.49°42'54"E., 430.37 feet, S.51°54'13"E., 257.72 feet, S46°30'16"E., 1,379.58 feet to the East: corner of said tract; THENCE from a point eight (8) feet West of this Northeast corner of the tract, S.0°00'49"E., 135.42 feet to a point in the North right-of-way of State Highway No. 27. 2. Grantees' use of the right-of-way and easement shall not interfere in any manner with Grantor's use of the land for aviation purposes or purposes incidental thereto, or to any other lawful F~urposes of Lessor. 3. Prior to the commencement of any construction or installation activi- ties permitted hereby, the Grantee shall notify the Grantors' representatives having custody or control of the airport. 4. Grantee shall exercise reasonable care in the construction, reconstruc- tion, maintenance, removal and operation o-F said lines and systems and in the right of ingress and egress, so as to causE~ the least amount of disturbance to the property. In this regard, Grantee shall (1) remove any debris from the above described easements and right-of-ways; (2) restore said area as nearly as possible to its original condition; (3) in the event Grantee damages or destroys any improvement (except those constructed by Grantee), Grantee shall rebuild the same within a reasonable time to the extErnt that they will be in as good a condition as they were prior to the damage or destruction caused by Grantee; (4) Grantee shall exercise reasonable care in the removal, and trimming of trees, brush, and other obstructions should the need arise in the construction, recon- struction, maintenance, removal and operation of said lines and systems. No live oak trees will be removed; however, cedar, hackberry and dead standing timber may be removed; and (5) restrict ingress and egress to existing roads and construction corridor except as otherwise permitted by Grantors in writing. It is understood and agreed Grantee shall be liable for all property damage caused by its negligence. 7. In the event that because of the construction of additional improve- ments, airport expansion, or other lawful purpose, there is a reasonable need by Grantor for Grantee to reroute or relocate its cables and appurtenances, then upon 90 days notice, Grantee will relocate or reroute same at no cost to Grant- or. Provided, however, that an alternate route can be established upon Grant- or's premises, without the necessity of Grantee obtaining right-of-way from others. IN TESTIMONY WHEREOF, Grantors have caused this instrument to be effective this ~Q~.y, day of January 198`>• CITY OF KERRUILLE COUNTY OF KE By: Titl s ~„~~ By: Title: Gordon S. Morriss The State of Texas The County of Kerr Before me, grPnda [,~ gain a Notary Public, on this day personally appeared A, ~7, Rroti~h known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 24th day of ~anuaro A.D., 19~. 1~ ~ac~ Notary Public, County, Texas My Commission Expires 12~4~85 The State of Texas The County of xERR Before me, L. Sandel a Notary Public, on this day personally appeared Gordon s. Morriss known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to