3 V ~ ~ p µ ~ ~ O tr+ id rn .~~W O .~ . + ~ 3 .~ w (,.~ aa 1 G ~ ~ ~ N ~!1 . + lO N ~ ~--~ ~ 02 1~1 ~ro' z ~ o u, ORDER N0. 2~6E5 AGPROVAL OF RIGHT OF WAY AGREEMENT WITH THE CITY OF KERRVILLE FOR SEWER LINE TO AIRPORT On this day the c3r•d day of November, 1'358 upon motion made by Commissioner Oehler, seconded by Commissioner Baldwin, the Co~_ir•t unanimously approved by a vote of 3-1-0, with Commissioner Lets abstaining, the eight of way agreement with the City of Kerrville for sewer line to air•por•t. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz OFFICE: Commissioners' Court MEETING DATE: November 23. 1998 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss Right-of--Way Agreement with the City of Kerrville for sewer line to airport. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: (Commissioner Pct. #31. Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 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 towazds you request being addressed at the eazliest opportunity. See Agenda 5:00 P.M. previous Monday. Request Rules Adopted by Commissioners' Court. 3423 RIGHT OF WAY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF KERB § That the COUNTY OF KERB, TEXAS a political subdivision of the State of Texas, acting by and through its duly elected Commissioners Court (hereinafter called "Grantor"), whose address is 700 Main Street, Kemille, Ken County, Texas, 78028, for and in consideration of the benefit to the public and to Grantor that will be obtained by the construction of water and sewer mains by the CITY OF KERRVILLE, TEXAS, 800 Junction Highway, Kemille, Texas, 78028 (hereinafter called "Grantee") to serve the Kemille/Kerr County Municipal Airport, has GRANTED, GIVEN, AND CONVEYED, and by these presents does hereby GRANT, GIVE AND CONVEY unto Grantee, its successors and assigns, an easement and right of way, for public utility purposes, including but not limited to constmcting, placing, operating, repairing, maintaining, rebuilding, replacing, relocating, resizing and removing Grantee's public utilities and the appurtenances thereto, on, over, under, across and through the following described property of the Grantors: Being a ten (10) foot wide utility easement upon, over and across that certain 116 acre tract of land conveyed from the United States of America to Kerr County, Texas by an instrument of conveyance executed the 16th day of December, 1958, recorded in volume 104, page 178 of the Deed Records of Kerr County, Texas; being in Original Survey No. 110, T. N. Minter, Abstract No. 248, Kerr County, Texas; being a ten (10) foot wide easement pazallel, normal and northeast of the northeast right of way line of Texas State Highway No. 27 where it presently exist upon, over and across said 116 acre tract; and being more particulazly described by metes and bounds as follows: BEGINNING at the most westerly comer of the herein described ten (10) foot wide easement at the intersection of the northeast right of way line of Texas State Highway No. 27 with the southeast right of way line of Texas Highway Spur No. 100; same being the most westerly corner of the Kemille Little League Baseball Fields; THENCE, along the northeast right of way line of Texas State Highway No. 27 and through the interior of said Kemille Little League Baseball Fields/Ken• County property, ten feet parallel from and normal to the southwest boundary of said Kemille Little League Baseball Fields, southeasterly to the southeast boundary of said 116 acre Kerr County property, same being the Southeast line of Survey No. 110, T. N. Minter, Abstract No. 248 and being the POINT OF TERMINATION of the herein described ten (10) foot wide easement. Grantee shall have the right to do whatever may be requisite for the enjoyment of the rights herein granted, including the right to cleaz said easement and right of way of brush and timber, and the right of egress from and ingress to said easement and right of way across the adjacent property of the Grantors, at the will of the Grantee, for the purposes set out above. The above described easement and right of way shall be subject to the following terms and provisions: Grantors shall have the right to fully use and enjoy said easement and right of way for any purpose which shall not interfere with the rights herein granted to Grantee, provided, however, Grantors shall place no excavations, structures or other permanent improvement on said right of way except for fences, driveways or parking lots, which shall be allowed. Grantee, its successors and assigns shall enjoy the rights, benefits and privileges herein conveyed until such time as the easement and right of way may be abandoned, at which time all right, title and interest in the above described easement and right of way will revert to the then property owner. This instrument contains the entire agreement of the parties. There aze no other or different agreements or understandings between Grantor and Grantee or its agents. Grantor, in executing and delivering this instrument, has not relied upon any promises, inducements or representations of Grantee or its agents or employees, except as such as aze set forth herein. This instrument and the rights, easements and agreements herein contained shall be covenants running with the land and shall inure to the benefit of and be binding and obligatory upon the heirs, executors, administrators, successors and assigns of the parties hereto. TO HAVE AND TO HOLD the above described easement and right of way, together with all the rights and appurtenances thereto in anywise belonging unto the said public generally for the purposes hereinabove recited. WITNESS THE EXECUTION HEREOF on this _a~ day of ~~/ ,19 9~ . GRANTOR -COUNTY OF KERR, TEXAS By: ~ ~ -~-. obert A. e ,County Jlydge ATTEST: LAX--~- ~/ Billie G. Meeker, County Clerk APPROVED AS TO FORM: torney for Kerr Ity S~NERAL UTILITY EASEMENT: KERR COUNTY TO CITY OF KERRVILLE -PACE 2 THE STATE OF TEXAS COUNTY OF KERB This instrument was acknowledged before me ~ this ~~y _ y/6.~,,~_ , 199, by Robert A. Denson, County Judge, County of Kerr, Texas, for and on behalf of said County. NOTAkY PUBLIC Stata of T9>'as ~b~d Comm. Flip. 03-049! Notary Publlc, State of Texas LESSEE'S CONSENT KERRVILLE LITTLE LEAGUE, INC., a Texas Non-Profit Corporation, (hereafter referred to as "Lessee"), as Lessee under that certain Lease Agreement dated February 9, 1987, between Lessee and the County of Kerr, Texas, said lease being amended by agreement dated Apri122, 1996, for and in consideration of the benefit to the public that will be served by the construction of water and sewer mains to serve the Kerrville/Kerr County Municipal Airport and its tenants, some of whom employ parents of children who benefit from the activities of Lessee, does hereby consent to the granting of the above described easement to the City of Kemille, Texas, by the County of Kerr, Texas, across Lessee's leasehold. SIGNED this ~1 day of J\J DV~~JaA- , 19`l t~ . KERRVILLE LITTLE LEAGUE, INC. By Nay Title: ~C CS ~ ~ew"~ FILED FOR RECOR.pD NOV 2 41998 BILLIE G. MEEKER rk Cou C o , Kerr Co :Deputy AFTER RECORDING RETURN TO: Sheila L. Brand, City Clerk City of Kerrville, Texas 800 Junction Highway Kerrville, Texas 78028 GENERAL UTILITY EASEMENT: KERR COUNTY TO CITY OF KERRVILLE -PACE 3 3423 RIGHT OF WAY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF KERB That the COUNTY OF KERB, TEXAS a political subdivision of the State of Texas, acting by and through its duly elected Commissioners Court (hereinafter called "Grantor"), whose address is 700 Main Street, Kemille, Kerr County, Texas, 78028, for and in consideration of the benefit to the public and to Grantor that will be obtained by the construction of water and sewer mains by the CITY OF KERRVILLE, TEXAS, 800 Junction Highway, Kemille, Texas, 78028 (hereinafter called "Grantee") to serve the Kemille/Kerr County Municipal Airport, has GRANTED, GIVEN, AND CONVEYED, and by these presents does hereby GRANT, GIVE AND CONVEY unto Grantee, its successors and assigns, an easement and right of way, for public utility purposes, including but not limited to constructing, placing, operating, repairing, maintaining, rebuilding, replacing, relocating, resizing and removing Grantee's public utilities and the appurtenances thereto, on, over, under, across and through the following described property of the Grantors: Being a ten (10) foot wide utility easement upon, over and across that certain 116 acre tract of land conveyed from the United States of America to Kerr County, Texas by an instrument of conveyance executed the 16th day of December, 1958, recorded in volume 104, page 178 of the Deed Records of Ken County, Texas; being in Original Survey No. 110, T. N. Minter, Abstract No. 248, Kerr County, Texas; being a ten (10) foot wide easement pazallel, normal and northeast of the northeast right of way line of Texas State Highway No. 27 where it presently exist upon, over and across said 116 acre tract; and being more particulazly described by metes and bounds as follows: BEGINNING at the most westerly corner of the herein described ten (10) foot wide easement at the intersection of the northeast right of way line of Texas State Highway No. 27 with the southeast right of way line of Texas Highway Spur No. 100; same being the most westerly corner of the Kemille Little League Baseball Fields; THENCE, along the northeast right of way line of Texas State Highway No. 27 and through the interior of said Kemille Little League Baseball Fields/Kerr County property, ten feet parallel from and normal to the southwest boundary of said Kemille Little League Baseball Fields, southeasterly to the southeast boundary of said 116 acre Kerr County property, same being the Southeast line of Survey No. 110, T. N. Minter, Abstract No. 248 and being the POINT OF TERMINATION of the herein described ten (10) foot wide easement. Grantee shall have the right to do whatever may be requisite for the enjoyment of the rights herein granted, including the right to cleaz said easement and right of way of brush and timber, and the right of egress from and ingress to said easement and right of way across the adjacent property of the Grantors, at the will of the Grantee, for the purposes set out above. The above described easement and right of way shall be subject to the following terms and provisions: Grantors shall have the right to fully use and enjoy said easement and right of way for any purpose which shall not interfere with the rights herein granted to Grantee, provided, however, Grantors shall place no excavations, structures or other permanent improvement on said right of way except for fences, driveways or pazking lots, which shall be allowed. 2. Grantee, its successors and assigns shall enjoy the rights, benefits and privileges herein conveyed until such time as the easement and right of way may be abandoned, at which time all right, title and interest in the above described easement and right of way will revert to the then property owner. This instrument contains the entire agreement of the parties. There aze no other or different agreements or understandings between Grantor and Grantee or its agents. Grantor, in executing and delivering this instrument, has not relied upon any promises, inducements or representations of Grantee or its agents or employees, except as such as are set forth herein. This instrument and the rights, easements and agreements herein contained shall be covenants running with the land and shall inure to the benefit of and be binding and obligatory upon the heirs, executors, administrators, successors and assigns of the parties hereto. TO HAVE AND TO HOLD the above described easement and right of way, together with all the rights and appurtenances thereto in anywise belonging unto the said public generally for the purposes hereinabove recited. WITNESS THE EXECUTION HEREOF on this ~_ day of ~i~J ..,~~,19 9~ . GRANTOR -COUNTY OF KERB, TEXAS By: ~ > -~~ obert A. e ,County Judge ATTEST: . p ~~ ~~ ~.c~/ Billie G. Meeker, County Clerk APPROVED AS TO FORM: omey for Kerr ty GENERAL UTILITY EASEMENT: KERR COI~NTY TO CITY OF KERRVILLE -PACE 2 THE STATE OF TEXAS COUNTY OF KERB This instrument was acknowledged before me +Qn~this ,2~ y/,",,,,K~..~ , 199', by Robert A. Denson, County Judge, County of Kerr, Texas, for and on behalf of said County. ,rn• TH A S01i0. s~ J<~~~a~. 1 NOTA~V PUBLIC 7~ Stata of Taws No Public State of Texas 1~r +~ Comm. E>