NO. 15909 APPROVAL OF PROBATIONARY SALARY INCREASE OF RHONDA POWELL, JAILER/DISPATCHER On this the 28th day of January 1985, upon motion made by Commissioner Higgins, seconded by Commissioner Holland, the Court unanimously approved a probationary salary increase of Rhonda Powell, Jailer/Dispatcher, due to the completion of her probation period, to be effec- tive as of January 15th, 1985, in the amount of $50.00 per month (from $890.00 per month to $940.00 per month). o-o-o-o-o-o-o-o-o-o N0. 15910 ORDER RESCINDING ORDER N0. 15746, DATED NOVEMBER 13th, 1984 On this the 28th day of January 1985, upon motion made by Commissioner Higgins, seconded by Commissioner Guthrie, with Commissioners Higgins, Holland and Guthrie and County Judge Morriss voting "AYE" and Commissioner Lich voting "NO", said motion carrying by a majority vote, to rescind Order No. 15746, dated November 13th, 1984, Re: Acceptance of Bid of Ken Stoepel Ford, Lincoln, Mercury for one 1985 dump truck for use by the Commissioner of Kerr County Precinct No. Two. (Said order is rescinded in its entirety). o-o-o-o-o-o-o-o-o-o NO. 15911 APPROVAL OF TELEPHONE LINE RIGHT-OF-WAY EASEMENT BETWEEN THE COUNTY OF KERR AND THE CITY OF KERRVILLE, GRANTORS, AND HILL COUNTRY TELEPHONE COOPERATIVE, INC. GRANTEE On this the 28th day of January 1985, upon motion made by Commissioner Higgins, seconded by Commissioner Holland, the Court unanimously approved a Telephone Line Right-of-Way Ease- ment between the County of Kerr and the City of Kerrville, Grantors, and Hill Country Tele- phone 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. o-o-o-o-o-o-o-o-o-o COURT ADJOURNED JANUARY 28th, 1985 at 2:40 o'clock P. M.. o-o-o-o-o-o-o-o-o-o TELEPHONE LINE RIGHT-OF-WAY EASEMENT THE STATE OF TEXAS COUNTY OF KERR KNOW ALL MEN BY THESE PRESENTS: 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 seventy-five (75) pair telephone cable and necessary appurtenances to provide service to the area of Kerr County designated as Shady Grove Subdivision as follows: Out of Warranty Deed dated 17th day of February, 1982; Theron M. Williams, James Earl Williams, Carroll Williams, "Grantors", to City of Kerrville and County of Kerr, "Grantees"; recorded in Kerr County Courthouse, Volume 257, Pages 612 to 615, February 18, 1982. Out of 46.477 acre Tract: Beginning at an iron pin set in the Northwest corner of the J. T. Williams' property, the same being in the 'vest 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 for a 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' 11" E., 2,639.74 feet to eight (8) feet West of the Northeast corner of the old railroad property; THENCE out of Warranty Deed dated 17th day of February, 1982; J. T. Williams and wife, Annie Louise Williams, "Grantors" to the City of Kerrville and County of Kerr, "Grantees"; recorded in Kerr County Courthouse, Volume 257, Pages 604 to 607, February 18, 1982. BEGINNING at a point where the North line of the old railroad property intersects the City of Kerrville's and County of Kerr's airport property, the same being a point bearing N. 9° 17' 04" E., 3,626.20 feet from the 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' S4" 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 purposes of Lessor. 3. Prior to the commencement of any construction or installation activities 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, reconstruction, mainten- ance, removal and operation of 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 extent 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, reconstruction, 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 under- stood and agreed Grantee shall be liable for all property damage caused by its negligence. 5. The Grantors do agree that all poles, cable and other facilities, including all telephone equipment, installed on the premises at the Grantee's expense shall remain the property of the Grantee, removable at the option of the Grantee. 6. None of the cables or appurtenances (pedestals and stub poles limited to five (5) ___-_ ,_ = feet above ground level) placed upon the easement by Grantee shall be above ground, except 2 at four (4) undetermined locations. 7. In the event that because of the construction of additional improvements, 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 re- locate or reroute same at no cost to Grantor. Provided, however, that an alternate route can be established upon Grantor's premises, without the necessity of Grantee obtaining right-of-way from others. IN TESTIMONY WHEREOF, Grantors have causes this instrument to be effective this 28th day of January, 1985. CITY OF KERRVILLE COUNTY OF KERR By: /s/ A. J. Brough By: /s/ Gordon S. P4orriss /t/ A. J. Brough /t/ Judge Gordon S. Morriss Title: Mayor Title: County Judge Approved /s/ Thomas S. Terrell 1/21/85 The State of Texas The County of Kerr Before me, Brenda G. Craiq, a Notary Public, on this day personally appeared A. J. Brough, 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 January, A.D. 1985. (Seal) /s/ Brenda G. Craig Notary Public, Kerr County, Texas My Commission Expires 12-4-85 The State of Texas The County of KERR 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 acknow- ledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 1st day of February, A.D., 1985. .~: (Seal) /s/ L. Sandel Notary Public, Kerr County, Texas My Commission Expires 8-10-85 Filed 1st day of Feb. A.D. 1985 at 12:15 P.M. PATRICIA DYE Clerk County Court, Kerr County, Texas By /s/ Dorothy L. Pfeiffer Deputy o-o-o-o-o-o-o-o-o-o The foregoing minutes from pages 5 thru 22, Volume Q ere rea en Court and found to be correct and are hereby approved this 13th day of eb 98 . ''~~ff Q ATTEST: (~/'`L(/ ~ ~ ~ ~~/ ~'- Patricia Dy ordo Morriss County Clerk, Kerr County, Texas County udge, err County, Texas o-o-o-o-o-o-o-o-o-o