ORDER NO. 20919
ArrRLVAL uF ELE~~'RICAL LINE EASEMENT AGREEMENT
WITH KERRVILLE PUBLIC UTILITY BOARD
On this thz 11th day of May 199:, upon motion made by
i~amm~ssioner Holel;amp, seconded b; Commissioner Lackey, the
Court unanimously approved by a vote of 4-0-0, to approve the
Electrical Line Easement Agreement for the power line which
was buried at the 30 end of F.u.nway 12/30 as per FAA
re~~u~reme^.t s, in concurrence with the City ~oi Kerrv~ile, and
authorised the County .judge tc sign said Agreement.
COMMISSIONERS' COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: w.G. stacy
MEETING DATE: rtay 11, 1992
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) APProve proposed electrical line easement agreement
for the power line which was buried at the 30 end of Runway 12/30 as per FAA requireme:~ts as
a concurrence with the Cite of Kerrville.
EXECUTIVE SESSION REQUESTED: YES __ NO x
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: County Judge
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 1s as follows:
~ Meetings held on Monday: 12:00 P.M. previous Wednesday
THIS REDDEST RECEIVED BY: is
THIS REGlUEST RECEIVED ON : 4/27/92 ~ 11:00 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 wilt be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
ELECTRICAL LINE EASEMENT
AND
PARTIAL RELEASE
OF
PRIOR EASEMENT
TF~E STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF KERR §
That the undersigned hereinafter collectively referred to as
"Grantor" (whether one or more), for and in consideration of One
Dollar ($1.00) to Grantor in hand paid by KERRVILLE PUBLIC UTILI-
TY BOARD (hereinafter called "Grantee") together with other good
and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged and confessed by the undersigned, has
granted, sold and conveyed and by these presents does grant, sell
and convey unto Grantee easement for underground electric trans-
mission and/or distribution lines, consisting of variable number
and sizes of wires, and all necessary or desirable improvements,
appurtenances and attachments on, under, across and upon the
lands located in Kerr County, Texas, described in Exhibit "A",
attached hereto and made a part hereof for all purposes. By ac-
ceptance of this easement, Grantee relinquishes its rights to
that portion of an existing easement recorded in Volume 81, Page
520 of Easement Records of Kerr County, as shown on Exhibit "A".
Together with the right of ingress and egress over said
lands, easement and adjacent lands to or from said easement for
the purpose of constructing, reconstructing, inspecting, patrol-
ling, operating, repairing, replacing, maintaining and removing
said lines, improvements, attachments and appurtenances, together
with the right and easement to use such portion of the lands
along and adjacent to said easement as may be reasonably neces-
sary in connection with said easement and said purposes, together
with the right to place new or additional wire or wires and to
change the sizes thereof, the right to relocate or reconstruct
said lines with the same or different type structures along the
same general direction of said lines, the right to remove from
said lands all trees and parts thereof, or other obstructions,
which endanger or may interfere with the efficiency and use of
said lines or their appurtenances and/or the purposes herein set
forth.
Grantor warrants that Grantor is the owner of said lands,
easements and right-of-way, free and clear of all liens and encum-
brances, except as may be set forth in Exhibit "A", attached
hereto and made a part hereof for all purposes, and has the right
to execute this Easement.
It is understood and agreed that the consideration paid for
this Easement includes payment of the damages for initial con-
struction and installation but does not include damages, if any,
which may occur in the future after the original construction of
said lines and resulting from relocation, new construction or re-
construction thereof; provided, however, that no payment of damag-
es will be made or required for repair or maintenance of said
lines which does not involve reconstruction, relocation or new
construction, nor for trimming or removal of trees or obstruc-
tions, nor the inspecting, patrolling, or operating said lines
and this Easement.
Notwithstanding any provision herein contained to the con-
trary, Grantor reserves the right to use the lands herein de-
scribed for such uses and purposes as Grantor may determine,
which uses and purposes may include agricultural and grazing pur-
poses; provided, however, that no such use or purpose of said
lands by Grantor shall interfere with the exercise of the rights
of the Grantee herein specified as determined in the sole and ab-
solute discretion of the Grantee. Grantor further reserves the
right to erect fences of not more than eight {8) feet high across
and upon said lands provided that such fences shall have gates,
opening or removable sections at least twenty (20) feet wide
which will permit the Grantee reasonable access to said lands and
this Easement.
To have and to hold the above described Easement unto the
Grantee, its successors and assigns, until said easement and
rights shall be relinquished by written instrument executed by
Grantee. !'his Easement may be transferred in whole or in part by
Grantee.
Grantor does hereby bind Grantor and Grantor's heirs and le-
gal representatives, to warrant and forever defend all and singu-
lar the above described Easement unto Grantee, its successors and
assigns, against every person whosoever lawfully claiming or to
claim the same or any part thereof.
EXECUTED THIS / ~ DAY OF C(ti ~,~ ~ 19 ~ Z
GRANTOR: ~~
APPROVED AS TO FORM: Cam` -Q- "` • ~~
Wallace, Mosty, Machann, THE CITY OF KERRVILLE `1~
Jackson and Williams
~~t~'=~~~~' G%'~//~'+~~-- Leonard L. Holloway, Mayor~
City Attorney ,y ~~'1y PRINT NAME
EXECUTED THIS 23rd DAY OF ~~~ ~ 19 9Z
GRANTOR:
~V{
APPROVED AS TO FORM:
COUNTY OF KERB
.-
CO TY ATT EY
ACCEPTED THIS
APPROVED AS TO FORM:
DAY OF
KPUB ATTORNEY
w. ~. s -f,e-~-I
PRINT NAME
19
GRANTF~E :
KERRVILLE PUBLIC UTILITY BOARD
PRINT NAME
EXHIBIT "A"
"All that certain
acres out of a
was conveyed unto
ume 257, Pages
County, Texas, ani
lows:"
tract or parcel of land consisting of 0.69
total of 44.05 acres found in Survey 43 which
THE CITY OF KERRVILLE by Deed recorded in Vol-
601 and 605, Real Property Records of Kerr
i which is more particularly described as fol-
COMMENCE far a point of reference, at a 1/2" rebar found at
the base of a fence corner post, said rebai being the southern
most corner of a 4.92 acre tract conveyed to the City of
Kerrville by deed recorded at Volume 257 on Page 606, of the Deed
Records of Kerr County, Texas and the southwesterly most corner
of a 2.04 acre tract conveyed to the City of Kerrville by E.H.
Wellborn by deed recorded at Volume 581 on page 764 of said deed
records, said corner also being found in the north R.O.W. line of
Texas State Highway No. 27.
TiiENCE along the north R.O.W. line of said highway and the south
line of said 4.92 acre tract N.46°30'W. at 62.75 feet passing a
concrete R.O.W. marker, a total distance of 411.83 feet to the
POINT OF BEGINNING;
THENCE N.47°56'E. 56.52 feet to a point 7.5 feet north of the ap-
proximate center of an old railroad bed;
THENCE N.46°Ol'W. 495.40 feet to a point;
THENCE N.18°35'E. 41.48 feet to a point where the eastern most
line of this easement intersects the north line of said 4.92 acre
tract and the southern most line of a 39.13 acre tract conveyed
to the City of Kerrville by deed recorded at Volume 257 on Page
606 of the Deed Records of Kerr County, Texas;
THENCE along the exterior lines of this easement the following
courses N.18°35'E. 1117.25 feet, S.71°25'E. 22.5 feet, N.18°35'E.
84.39 feet, N.71°25'W. 37.5 feet, S.18°35'W. 1194.66 feet to a
point where the western most line of this easement intersects the
south line of said 39.14 acre tract and the north line of said
4.92 acre tract;
THENCE 5.18°35'W. 57.94 feet to a point 7.5 feet south of the ap-
proximate center of said railroad bed;
THENCE 5.46°O1'E. 458.81 feet and S.47°56'W. 41.87 feet to a
point in the north line of said highway R.O.W.;
THENCE 5.46°30'E. 45.06 feet to the point of beginning, contain-
ing 0.69 acres.
SCALE i " 200'
39. 1 i ~txEs
J. T, v~~ltAn9 TO
T}E C[T7 CF KERltvillE
Y0.lA'E 237 PAGE 601
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SKETCH OF A PROPOSED
UNDERGROUND ELECTRIC EASEt1ENT
CDNTAININC 0.69 ACRES
OUT OF ORIGINAL SURVEY N0.43
IN THE CJT7 OF KERRVIILE TEXAS
COUNTY OF KERR
APRJL 1992
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ihfE C:IT`r GF
KERRVILLE, TEXAS
April 22, 1992
Mr. Butch Lackey, Kerr County Commissioner/
Ex-officio Member of Airport Advisory Board
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Subject: KPUB Easement at Louis Schreiner Field
Dear Butch:
Enclosed is an electrical line easement agreement for the pow-
er line which was buried at the 30 end of Runway 12/30. The
electrical line was buried as an FAA requirement in order to
open the new 1000 foot extension of the 12/30 Runway at Louis
Schreiner Field. All costs for the burying of this cable was
borne by the Kerrville Public Utility Board. This easement
was voted on and approved at the April 14, 1992 City Council
meeting. I am now forwarding this easement to the County Com-
missioner's Court for their concurrence.
Please put this item on the agenda for the next County Commis-
sioner's Court meeting. If I can provide any
mation or should you desire for me to attend
the presentation of this item, please do not
tact me.
Sincerely,
!`~ ~
Randy Thomas
Director of Public Services/
Airport Manager
RT/ls
Enclosure
ce: Honorable Bi11 Stacy, County Judge
Joe Maceiras, City Engineer
additional infor-
the meeting for
hesitate to con-
800 JUNCTION HIGHWAY •KERRVILLE, TEXA:i 78028-5069 • 5121257 8000