ORDER NO. 20106
APPROVAL OF A NEW AIRPORT EASEMENT LOCATION
FOR THE HILL COUNTRY TELEPHONE COOPERATIVE, INC.
On this the 28th day of February 1991, upon motion made by
Commissioner Morgan, seconded by Commissioner Lackey, the
Court unanimously approved by a vote o£ 4-0-0 the new airport
easement location for the Hill Country Telephone Cooperative,
Inc. buried telephone line with the concurrence of the City
Council.

r~E ~~N ~F
KERRVILLE, TEXAS
February 25, 1991
Judge Bill Stacy
Kerr County Courthouse
Kerrville, Texas 78028
RE: HILL COUNTRY TELEPHONE COOPERATIVE, INC. EASEMENT
LOUIS SCHREINER FIELD AIRPORT IMPROVEMENT PROJECT
Dear Judge Stacy,
Enclosed is a copy of the agenda being presented to the City
Council on February 26, 1991, requesting approval of the new
airport easement location for the Hill Country Telephone
Cooperative Tnc. buried telephone line.
We ask that this item be placed on the Commissioners` agenda for
consideration at your earliest convenience.
I am available to discuss this item with the Commissioners' Court
if necessary.
_ spectfully, ~t~y~~
r
oe Mennella
Airport Manager
cc: Butch Lackey, County Commissioner
Attachment: (6 pages)
800 JUNCTION HIGHWAY • KERRVI~LE, TEXAS 78028-5069 • 512/25 J-8000
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 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 conduits
and necessary appurtenances to provide service to the area of Kerr County
designated as Shady Grove Subdivision and the Airport's Proposed Industrial
Development 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 a 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 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 5.89 53'43"E., 477.57 feet along the South line of the Shady
Grove Subdivision where the Grantee will place a telephone cable eight
(8) feet from and parallel to the property line for a distance of 892
feet thereby connecting to an existing seventy five (75) pair telephone
cable;
THENCE, to include into this easement the existing seventy five (75)
pair telephone cable, continuing S.89~53'43"E., 440 feet;
1
THENCE 5.54°53'43"E., 470 feet to a point eight (8) feet West of the
East property line;
THENCE S.0°1'11"E., 1,116.04 feet.
Beginning at an iron pin set in the Northwest corner of the J.T.
Williams' 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., 477.57 feet along the South line of the Shady
Grove Subdivision where the Grantee will place a telephone cable from
the property Iine,
THENCE 5.11°07'17"W., 47 feet to a point that is eight (8) feet South
of the proposed BRL Line,
THENCE 5.48'52'43"E., where the Grantee will place the telephone cable
eight (8) feet south of and parallel to the proposed BRL Line for a
distance of 738.8 feet,
THENCE 5.41°23'17"W., 1,118.2 feet to the North right-of-way of State
Highway 27, in which the seventy five (75) pair cable shall be placed
within a two (2) inch PVC conduit and the placement of an additional
three (3) inch PVC conduit for future use.
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 Grantor's
representatives having custody or control of the airport.
4. Grantee shall exercise reasonable care in the construction,
reconstruction, maintenance, 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 rights-of-way; (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
2
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; (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.
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 at ten (10) predetermined locations.
There shall be no above ground appurtenances from the BRL Line underneath the
proposed runway to the right-of-way of Highway 27.
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 relocate 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.
3
IN TESTIMONY WHEREOF, Grantors have caused this instrument to be
effective this 26 day of February 1991.
CITY OF KERRVILLE
Leonard L. Holioway
Title: hlaYOC __ ___
COUNTY OF KERR
gy: -'~ l ~ C~
W. G. Stacy
T i t l e: _ County Judge
The State of Texas
The County of Kerr
Before me, Sheila Lorene Brand a Notary Public, on this day
personally appeared Leonard L. HoTloway 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 26 day of February ,
A.D., 1991.
- - ~se~'26a'SC„~
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~:
y ,,
Notary Public, Kerr County, Texas
My Commission Expires January 28, 1993
The State of Texas
The County of Kerr
Before me, Thea Sovil a Notary Public, on this day
personally appeared W. G. Stacy, County Judge 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 28th day of February ,
A.D., 1991. r1
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~o,':~`' JAtJUAF:7' 9, I9~J3
Notary Public, Kerr County, Texas
My Commission Expires January 9, 1991
4
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R10-31-90
BUSINESS OF THE CITY COUNCIL
CITY OF KERRVILLE, TEXAS
SUBJECT: Telephone Line Right-of-Way Easement/Airport Property
FOR AGENDA OF: February 2' 991 DATE SUBMITTED: Feb. 21, 1991
SUBMITTED BY: Joe Menne - CLEARANCES: City Attorney,
Airport Advisory Board
Asst. City Mgr.
Federal Aviation Admini r~tion
EXHIBITS: Hill Country Telephone Co-Op, Inc. Easement, Jan. 1985 and
Feb. 1991
AGENDA MAILED T0: County Commissioners Court
APPROVED FOR SUBMITTAL BY CITY MANAGER: J ~yl~C
Expenditure Current Balance Amount Account
Required: in Account: Budgeted: Number:
$-0- $ $ IIN/A
PAYMENT TO BE MADE T0:
APPROVED FOR SUBMITTAL BY THE ASSISTANT CITY MANAGER:
SUMMARY STATEMENT
The Hill Country Telephone Cooperative Inc. (HCTC) presently has an
easement across airport property for a single seventy-five (75) pair
telephone cable and conduits. The HCTC easement agreement, paragraph
7, provides that the telephone company may be required to re-route or
relocate its cables and appurtenances, should it become necessary due
to airport expansion or other lawful purposes. The present location
of these buried cables will hinder the construction of the airport's
additional improvement (1000 foot extension of the east/west runway).
The HCTC has agreed to relocate their line to an approved site on the
airport as shown on the attached drawing. They have requested that
the 1985 agreement be renewed with the new right-of-way easement
description.
The only change, besides the relocation description of the easement,
is on page 3, item 6, instead of four (4) above ground appurtenances
there will now be ten (10). None of the locations shall be between
Hwy. 27 and the buil3ing restriction line (BRL) at the airport.
RECOMMENDED ACTION
That the Council approve, with the concurrence of the County Court,
the new airport easement location for the Hill Country Telephone
Cooperative Inc. buried telephone line. ~
art L~e.~c.t-,eaF' /~'~"~ ~ ~,N, ~.~~ S 5 `'`mil 4~ ~'~~ ```Q ~`~~-.
TELEPHONE LINE RIGHT-OF-WAY EASEMENT
THE STATE OF TEXAS
' ~ COUNTY OF KERR
KNOW ALL MEN EY 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 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 conduits
and necessary appurtenances to provide service to the area of Kerr County
designated as Shady Grove Subdivision and the Airport's Proposed Industrial
Development 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 a 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 West line of the John Matchett
Survey No. 43, A-243, in the County of Kerz, State of Texas, same being
' 5,019.45 feet North of the Southwest corner of said survey:
THENCE 5.89 53'43"E., 477.57 feet along the South line of the Shady
Grove Subdivision where the Grantee will place a telephone cable eight
(8) feet from and parallel to the property line for a distance of 892
Eeet thereby connecting to an existing seventy five (75) pair telephone
cable;
_ THENCE, to include into this easement the existing seventy five (75)
pair telephone cable, continuing 5.89 53'43"E., 440 feet;

1

- THENCE 5.54 53'43"E., 470 feet to a point eight (8) feet West of the
East property line;
THENCE S.0"1'11"E., 1,116.04 feet,
- ~ Beginning at an iron pin set in the Northwest corner of the J.T.
Williams' 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 5.89° 53'43"E., 477.57 feet along the South line of the Shady
Grove Subdivision where the Grantee will place a telephone cable from
the property line,
THENCE 5.11°07'17"W., 47 feet to a point that is eight (8) feet South
of the proposed BRL Line,
THENCE 5.48°52'43"E., where the Grantee will place the telephone cable
eight (8) feet south of and parallel to the proposed BRL Line far a
distance of 738.8 feet,
THENCE 5.41°23'17"W., 1,118.2 feet to the North right-of-way of State
Highway 27, in which the seventy five (75) pair cable shall be placed
within a two (2) inch PVC conduit and the placement of an additional
three (3) inch PVC conduit for future use.
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 oc installation
activities permitted hereby, the Grantee shall notify the Grantor's
representatives having custody or control of the airport.
4. Grantee shall exercise reasonable care in the construction,
reconstruction, maintenance, 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 rights-of-way; (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

2
! F)
- 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; (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.
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 at ten (10) predetermined locations.
There shall be no above ground appurtenances from the 8RL Line underneath the
proposed runway to the right-of-way of Highway 27.
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 relocate 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-o£-way from others.
3
1. '7
IN TESTIMONY WHEREOF, Grantors have caused this instrument to be
effective this day of 1991.
CITY OF KERRVILLE COUNTY OF KERR
By: _
Title:
The State of Texas
The County of Kerr
By: _
Title:
Before me, a Notary Public, on this day
personally appeared 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 day of
A.D., 1991
Notary Public, County, Texas
My Commission Expires
The State of Texas
The County of Kerr
Before me, a Notary Public, on this day
personally appeared - 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 day of
A.D., 1991
Notary Public, County, Texas
My Commission Expires

4
1 £3
COMMISSIONERS' COURT AGENDA REQUEST
• PLEASE FURNISH ONE ORIGINAL AND SEVEN COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: County Judge OFFICE:
MEETING DATE: ~ /Zft/el TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): Consider in concurrence of rha a rrv't t r; r3~
Council, the new airport easement location for the Hill Country Telephone Cooperative,
Inc. buried telephone line. (Joe Mennella)
EXECUTIVE SESSION REQUESTED
ESTIMATED LENGTH OF PRESENTATION:
PLEASE STATE REASO
IF PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Joe Menella (If needed)
Time for submitting this request for Court to assure that the matter is posted in
accordance with Article 6252-17 is as follows:,,
• Meetings held on second Monday: 12:00 P. M. previous Wednesday
• Meetings held on Thursdays: 5:00 P. M. previous Thursday.
If preferable, Agenda Requests may be made on office stationery with the above
information attached.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: 2/25/91 @ 11:30 am
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action at
time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity.
ORDER NO. 20106
APPROVAL OF A NEW AIRPORT EASE1`~~]T
I(X',ATION FOR THE HILL COUNTRY
TELEPHONE COOPERATIVE, INC.
February 28, 1991
Vol, S, Pg. 146