ORD[R ~."Ja. ~787E~
RF'PRaVE ERSENEtdT RGREEt~iEtdT BETtJEEN
RIVERHILL CaUNTRY CLUB, INC. RND CITY aF KERRVILLE
Dn this the c5th day of November, 200c, ~.4pon motion made by
Commissioner Williams, seconded by Commission?.' Griffin, the
Co~rrt unanimously approved by a vote of 4-0-0, the Easement
Ryrea~nent betty?en Riverhill Country Club, Inc. and City of
Kerrville, of which Kerr County is a party at int?rest due to
the constr~.tction of the Rolling Green Sewer By-pass, apart of
the Kerrville Swath Sewer Pr•aject, subjec+, to insertion of a
provision regarding war"'rallty from subcontractors runniny to
Kerr Co~.mty for a period of one year, and authorise County
Judge to sign the easement after- it's been amended and
approved by the County Rt+,orn?y.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2
MEETING DATE: November 25, 2002 TIME PREFERRED:
SUBJECT: (Please be specific) Consider, discuss, and take appropriate action on an
Easement Agreement between Riverhill Country Club, Ina ("Grantor") and City of
Kerrville ("Grantee"), of which Kerr County is a party at ainterest due to the construction
of the Rolling Green Sewer By-pass, a part of the Kerrville South Sewer Project.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
'"' NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, County Atty.
David Motley.
ESTIMATED LENGTH OF PRESENTATION: 5 Minutes
IF PERSONNEL MATTER NAME OF EMPLOYEE:
Tune 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: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECENED ON:,
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepazed for the Court's formal consideration and action at time of Court
meetings. Your cooperation is appreciated and contributes towazd your request being addressed
.- at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
~annett nl- iepen
Kerr County Clerk
700 t\4ain St. Suite 122
Tel. (830) 792-2255 Kerrville, TX 78028 Fax. (830) 792-2274
December 23, 2002
Riverhill Country Club, Inc.
1001 Riverhill Club Lane
Kerrville, TX 78028

Re: Easement Agreement - Riverhill Country Club, Inc. -City of Kemille -
Kerr County.
Ladies and Gentlemen:
Please find enclosed three originals of the referenced Agreement signed by Kerr County
and City of Kemille.
Please return an original of the document to our office after you have executed same. If
you have any questions, please call me.
Sincerely,
Linda Hamilton
Kerr County Clerk's Office
Enclosures
EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF KERB §
KNOW ALL MEN BY THESE PRESENTS:
A. RNERHILL COUNTRY CLUB, INC. ("Grantor") owns those certain tracts
described in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes, as
the Permanent Easement Tract and the Temporary Easement Tract, respectively, and herein so
called.
B. CITY OF KERRVILLE ("Grantee") will own a sewer line ("Sewer Line") within
the Permanent Easement Tract, which Sewer Line will be constructed in accordance with those
certain construction plans, notes, and specifications dated April 10, 2002 prepazed by TETRA
Tech Inc., for Kerr County, TCDP Contract #721075, consisting of five (5) pages and entitled
"Riverhill 10" Sanitary Sewer Bypass" which have been or will be initialed by Grantor, Grantee
and Kerr County. The Plans aze incorporated by reference in this Agreement and are collectively
referred to as the "Plans".
C. KERB COUNTY ("Kerr County") joins herein to confirm this Easement and the
terms and covenants herein contained as Kerr County is participating in the operation and
completion of the Sewer Line. Kerr County will enter into a construction contract
("Construction Contract") for and will complete the construction of the Sewer Line in accordance
with the Plans and shall transfer the Sewer Line to Grantee immediately thereafter. Following
the construction of the Sewer Line, Kerr County will cease being a party to this Agreement and
its obligations and responsibilities pursuant to the provisions hereof shall terminate. Subject to a
sepazate agreement with the City, the Upper Guadalupe River Authority ("UGRA") may connect
to the Sewer Line from and with individual sewer service connections of customers of UGRA;
but UGRA will not construct, maintain or have control of the Sewer Line.
NOW, THEREFORE, in consideration of the premises and the sum of TEN AND
NO/100 DOLLARS ($10.00) in hand paid by Grantee, and other good and valuable
consideration, the receipt and sufficiency of which aze hereby acknowledged and confessed by
Grantor, the parties hereto do hereby agree as follows:
1. Easements. Grantor does hereby convey, assign, transfer and gant to Grantee
the use, liberty, privilege of an easement ("Permanent Easement") on, over, under, through and
across the Permanent Easement Tract, and as more particulazly described at Exhibit "A"; TO
HAVE AND TO HOLD the Permanent Easement unto the Grantee, and Grantee's successors and
assigns, in perpetuity and forever, subject to valid and subsisting easements, exceptions,
encumbrances, and liens of record or visible or apparent on the Permanent Easement Tract; it
being understood and agreed that the Permanent Easement shall be used solely for the purpose of
operating, repairing and maintaining the Sewer Line for the transmission of waste water and subject
to the terms, covenants, conditions and provisions of this Agreement. In addition Grantor grants to
Kerr County and Grantee a temporary easement ("Temporary Easement") across the Temporary
Easement Tract, and as more particulazly described at Exhibit "B", for the sole purpose of
constmcting and installing the Sewer Line as herein provided; provided that said Temporary
Easement shall cease and terminate as to each portion upon completion of each portion of the Sewer
Line, but in any event on Mazch 1, 2003 and upon request, Grantee and Kerr County shall execute,
acknowledge and deliver a written release in recordable form of the Temporary Easement upon its
termination as herein provided. Grantee and Kerr County agree to notify Grantor in writing prior
to the initial entry on the Permanent Easement Tract or the Temporary Easement Pazcel which
entry shall be on or after January 8, 2003, and the Sewer Line shall be completed on or before
Mazch 1, 2003. The installation of the Sewer Line shall be commenced on the eastern end of the
Temporary Easement Tract at the Birkdale lift station and that azea shall be covered and restored
as soon as possible to minimize the duration of interruption of play on Hole #3 of Grantor's golf
course. In the event that the specified and agreed construction period is exceeded, the parties
stipulate and agee that liquidated damages on a daily basis will be paid to Grantor by Grantee
and Ken County and/or its contractor and subcontractors (whose liability shall be joint and
several) the daily amount of liquidated damages of $500 per day and such liquidated damages for
such delay in completion being agreed upon because of the uncertainty of determining the
amount of damages for such delay.
2. Dedication. Grantor does not hereby dedicate the Permanent Easement nor the
Temporary Easement for public access, but grants and creates the Permanent Easement and
Temporary Easement for only the purposes herein set forth. Any public dedication shall require
the joinder of the owners of the Permanent Easement Tract and Temporary Easement Tract and
Grantee (or their successors or assigns).
3. Successors. The Permanent Easement shall run with and bind the Permanent
Easement Tract and shall inure to the benefit of Grantee and Grantee's successors, assigns,
employees and other parties claiming and acting by, through or under Grantee ("Grantee Related
Parties"). Without limiting any of the provisions hereof the parties hereto agree that the
Permanent Easement may be used by Grantee and Grantee Related Parties in accordance with
and subject to the terms and provisions of this Ageement.
4. Miscellaneous.
A. Attorney's Fees. If either party retains an attorney to enforce the terms of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees.
B. Amendment. This Agreement may be amended only by an instrument in
writing signed by Grantor and Grantee or their successors or assigns, which shall be joined in by
Kerr County if amended prior to Mazch 1, 2003.
C. Choice of Law. This Agreement is subject to and governed by the laws of
the State of Texas. Each party submits to the jurisdiction of the state court in the State of Texas
and to venue in Kerr County, Texas.
D. Notice. Whenever notice is required or permitted to be given hereunder by
or to either party, such notice shall be in writing and shall be deemed given five (5) days after the
same has been sent, postage prepaid, by registered or certified mail, return receipt requested,
addressed to the addresses herein set forth.
2
E. Counterparts. This Agreement may be executed in any number of
counterparts with the same effect as if all signatory parties had signed the same document. All
counterparts are to be construed together and will constitute one and the same instrument, and
the signature pages of each document may be attached to one instrument for convenience or for
recording.
F. Effect of Waiver or Consent. No waiver or consent, express or implied,
by any party to or of any breach or default by any party in the performance by such party of its
obligations hereunder will be deemed or construed to be a consent or waiver to or of any other
breach or default in the performance by such party of the same or any other obligations of such
party hereunder. Failure on the part of a party to complain of any act of any party or to declare
any party in default, irrespective of how long such failure continues, will not constitute a waiver
by such party of its rights hereunder until the applicable statute of limitation period has run.
G. Further Assurances. In connection with this Agreement each signatory
party hereto agees to execute and deliver such additional documents and instruments and to
perform such additional acts as may be necessary or appropriate to effectuate, carry out and
perform all of the terms, provisions and conditions of this Agreement.
H. Integration. This Agreement contains the complete agreement between
the parties and cannot be vaned except by the written ageement of the parties. The parties agree
that there are no oral agreements, understandings, representations or warranties which are not
expressly set forth herein.
I. Legal Construction. If one or more of the provisions of this Agreement
aze invalid, illegal or unenforceable in any respect, it will not affect any other provision and this
Agreement will be construed as if such invalid, illegal or unenforceable provision had never
existed. When required by the content, singulaz nouns and pronouns include the plural and the
neuter includes the masculine or feminine gender. The section or paragraph headings are for
convenience of reference only and are not intended to limit or define the text. This Agreement is
not to be construed more or less favorably between the parties by reason of authorship or origin
of language.
5. Covenants. The Permanent Easement and Temporary Easement shall be upon
and subject to the following terms, provisions, conditions and covenants:
A. Kerr County and Grantee by acceptance hereof agce to hold Grantor
harmless from any and all liability for damages of any kind incurred by any
person or entity arising from their exercise of the rights granted to them,
respectively, herein or from the installation, construction, repair or operation
of the Sewer Line as contemplated herein, and Kerr County and Grantee
shall restore any surface damage to substantially the same condition
including filling and leveling the azea with topsoil of a good grade and re-
sodding the azea with grass, all to Grantor's satisfaction. Kerr County and
Grantee assume the risk of and shall protect and hold harmless, jointly and
3
severally, Grantor from and against all loss, cost, expense and liability for or
on account of injury to or death of persons or damage to property resulting
from or incident to the construction, installation, maintenance, use, operation
or repair of the Sewer Line and any other uses or purposes herein provided
and/or the use of the Permanent Easement and Temporary Easement, as
herein specified. Kerr County and Grantee further agree that upon
completion of the initial installation and construction of the Sewer Line, they
will on or before March 1, 2003, fully restore and level the surface of the
Permanent Easement Tract and Temporary Easement Tract to substantially
the same condition as the same was in prior to any such installation and
wnstruction as much as is reasonably possible and to the extent, in the
manner and as approved by Grantor. When the excavation is made by
boring for the laying of the Sewer Line, the soil shall be disturbed in such a
manner that the refilling of the excavation can, insofaz as is possible, place
the soil back in its original position in the Bound. Grantor shall have no
liability or obligation with respect to the Sewer Line. Grantee and Kerr
County (and their contractors and subcontractors) jointly and severally agree
to defend and hold harmless Grantor from any loss, attorney's fees, expenses,
or claims attributable to breach or default of any provision of this Ageement
by them or any of them.
B. Ken County and Grantee, by the acceptance hereof, agce to bury the Sewer
Line so that it will not interfere with the cultivation and use of the surface of
the Permanent Easement Tract encumbered hereby and so as not to create a
hazazd to the use of the surface of the Permanent Easement Tract.
C. Grantor retains, reserves, and shall continue to enjoy the use of, the
surface of the Permanent Easement Tract for any and all purposes which
do not interfere with and prevent the use by Grantee of the Permanent
Easement as provided in this Agreement.
D. The construction of the Sewer Line shall not include ditching in the azeas
shown on, but only boring as specified on, the Plans.
E. The Permanent Easement and the Temporary Easement shall not
encumber nor cover any property other than the property described in
Exhibits "A" and "B", attached hereto, so that Grantee and Ken County
by acceptance and execution hereof do hereby release any and all property
of Grantor other than the Permanent Easement Tract and Temporary
Easement Tract of and from any and all claims, rights, interests and
encumbrances of, asserted by or claimed by them (or to which they are or
maybe entitled to assert or claim) under this Agreement including without
limitation any claim, etc., relating to or pertaining to the Sewer Line made
the subject hereof.
4
F. After the initial construction of the Sewer Line, the Permanent Easement
and the rights, privileges and purposes herein provided and granted unto
Grantee, shall be limited to the inspection of said Sewer Line and routine
repair and maintenance of the Sewer Line which does not or will not in
any way disturb, harm, injure or damage any use of or operation on the
Permanent Easement Tract or any adjacent land, including the golf course
operation thereof, and which does not involve any excavation, destruction,
damage or disturbance of or to any soil, terraces, channels, ditches, water
breakers, land or water diversion devices; provided, however, that if any
use or repair of the Permanent Easement is proposed which is other than
as set forth above in this paragraph, such use or repair, shall be set forth in
writing to Grantor, and Grantee shall be permitted to pursue the same if
and only if such proposal is within the purposes herein specified and
Grantee shall have approved the same in advance in writing as to timing
and duration. After the initial construction of the Sewer Line, Grantee
agrees to notify Grantor in writing at least twenty (20) days prior to each
entry on the Permanent Easement Tract, except in emergency situations
where public health is threatened, and each such entry on the Permanent
Easement Tract shall be limited to inspection and routine repair and
maintenance by foot and golf cart, except in emergency situations where
use of special equipment is necessary, and shall be set forth in such written
notice and shall be by only such personnel and equipment as is necessary
for such purposes, and as permitted under this Agreement, shall be in a
prudent and reasonable manner and shall be with a minimum of
inconvenience or interruption to Grantor and Grantor's use and operation
of, and all property and persons on, the Property and adjacent land. Future
right of ingress and egress on the Permanent Easement, except in cases of
emergency, shall be conducted on Mondays, when the golf course of
Grantor is not normally in use and Grantor shall be notified in advance of
any intended exercise of the right of ingress and egress on the Permanent
Easement. Access during these inspections shall be on foot or in golf carts
provided by Grantor, except when equipment necessary for inspection or
cleaning cannot be accommodated by foot or golf cart, in which case
Grantee will provide written notification to Grantor, and endeavor to
schedule such operations to minimize disruption to the golf course.
Grantor is not granting to Grantee the absolute right of future ingress and
egress on the Permanent Easement for the purposes of conducting major
repairs of nor relocation or reconstruction of, the Sewer Line or the
replacement of the Sewer Line. In the case of an emergency which is
hereby defined as a breach of the Sewer Line and/or the necessity to
complete a repair of the Sewer Line in order to prevent harm or injury to
persons or property on or adjacent to the Permanent Easement Tract,
Grantee shall notify the representative of Grantor prior to the time of entry
and entry, including necessary equipment, shall be only that which will
reasonably eliminate the threat at that time to persons or property.
5
G. Nothing herein contained shall limit, diminish or release any claim at any
time arising by virtue of and for any loss, liability or damage to any
property or person arising from or relating to the use of the Permanent
Easement and Temporary Easement thereof for the purposes herein
specified including without limitation any loss, liability or damage to any
persons or property, loss of revenue and disruption of use, actual and
consequential damages and damage to any adjacent property and
improvements arising from any rupture or breach of the Sewer Line which
allows, permits or results in any substance or matter to spill or encroach
upon, or to disturb or injure, said adjacent property or improvements or
any property or persons thereon.
H. Notwithstanding any provision contained in this Agreement to the
contrary, each and all covenants, terms and obligations of and relating to
the parties hereto shall be subject to applicable laws, rules and regulations
and Kerr County and Grantee shall comply with any applicable laws, etc.
with respect to the Permanent Easement and Temporary Easement.
I. As part of its preconstruction work, prior to commencement of actual
construction operations, Grantee shall clearly mazk the outer boundaries of
the Permanent Easement Tract and the Temporary Easement Tract with
flagged stakes and tags at each comer thereof and at intervals of not
greater than 200' along each side thereof.
J. It is recognized, acknowledged, agreed and understood by Grantor,
Grantee and Kerr County that the Permanent Easement Tract and
Temporary Easement Tract is presently used as a golf course. Therefore,
it is agreed and understood by Grantor and such parties that they shall
minimize the disruption of the use of the golf course of Grantor by
members and their guests and damage to tee boxes and fairways of such
golf course.
K. The width of the Easement, the location and size of man holes and
borehole pits, the particulaz azeas on the Easement where boring rather
than trenching shall be utilized to minimize damage or trauma to the few
specific existing trees, which are deemed by Grantor to be critical to the
continued integrity of Hole No. 3 of its golf course shall be as set forth in
the Plans.
L. Grantee and Kerr County shall restrict the access and use of personnel,
supplies and equipment to the Permanent Easement Tract and Temporary
Easement Tract to prevent damage to the fairway and tee boxes, impose
safety measures (including signage and barriers directing golfers and
walkers/joggers away from the construction site) to be taken during
construction to prevent injury to project personnel and to Grantor's golfers
and members, shall repair damages caused by the Grantee, Kerr County
6
and their contractor and subcontractors to the Grantor's irrigation system,
cart paths or bridges and including the resodding of turf azeas disturbed by
the construction with excavation to be compacted in lifts to avoid future
sinkage, and shall ban the use of the tee boxes and fairway by such
contractor and subcontractors for the movement or storage of any of
contractor's or subcontractor's equipment or supplies.
M. It is agreed that at all times during the construction and installation of the
Sewer Line, that daily meetings be held between representatives of the
contractor of Grantee and Kerr County and Grantor's Golf Professional,
Golf Superintendent or General Manager and, if desired, representatives of
Grantee and Kerr County, to discuss the ongoing operations and the plans
for operations on that or the next day.
N. Kerr County and Grantee recognize that Camp Meeting Creek is a water
way of the State of Texas and a flood plain which would be affected by
the Sewer Line. It is expected that Grantee and Kerr County and their
contractors and subcontractors shall be responsible for obtaining any
permits or permission from the Texas Commission for Environmental
Quality, or any other agency having jurisdiction, for the installation of the
Sewer Line which will cross and run along Camp Meeting Creek, and
Grantee and Kerr County and their contractors and subcontractors, jointly
and severally, shall hold and save Grantor harmless from any claims,
penalties or causes of action resulting from the installation, operation and
maintenance of the Sewer Line or any pollution of Camp Meeting Creek
or the Guadalupe River caused thereby.
O. In the event Kerr County or Grantee shall fail or refuse to perform any
obligation herein provided, Grantor shall have the option, but not the
obligation, to proceed with such performance of the same, and such other
party shall pay the costs and expenses thereof. All sums and obligations
payable or performable by Kerr County and Grantee shall be payable to
Grantor promptly upon demand, and if not paid when due, such sums shall
bear interest thereon at the rate of 15% per annum from the date incurred
until paid, and all attorneys' fees and collection costs incurred in
connection therewith. Prior to incurring any such expense for which
Grantee would be obligated to pay, Grantor shall notify Grantee in writing
of such a claim, and Grantee shall then have five (5) business days to
remedy or otherwise respond to such claim.
P. The obligations and liabilities of Kerr County under this Easement
Agreement, including without limitation subpazagraphs 5(A), 5(G), 5(L),
5(I~, and 5(O) shall be limited to the period of constmction and shall not
extend to the period after completion of construction and assignment by Kerr
County of its rights hereunder to Grantee. Kerr County shall provide in the
Construction Contract for a one (1) year warranty for all work and materials
7
which warranty shall be assigned by Kerr County by assignment of its rights
hereunder to Grantee.
WITNESS THE EXECUTION HEREOF on this day of , 2002.
GRANTOR:
RNERHILL COUNTRY CLUB, INC.
BY:
Name:
Title:
Address:
1001 Riverhill Club Lane
Kerrville, TX 78028
THE STATE OF TEXAS
COUNTY OF KERR
This instrument was acknowledged before me in this
2002 by
Notary Public, State of Texas
EXECUTED this /[+ day of ~~.~ o~„~~.~ , 2002, by the remaining parties
to the Agreement.
GRANTEE:
CITY OF KE LE, TEXAS
By: ~.-/
Steph n .Fine, Mayor
ATTEST:
L. Brand, City Clerk
I
D
~ KERA~
COUNTY OF KERB, TEXAS
B•
Frederick L. e "eke, County Judge
TTEST:
Pieper, County
AFTER
RETURI3 TO:
Sheila Brand, City Clerk
City of Kerrville, Texas
800 Junction Highway
Kerrville, Texas 78028
dhV:emilk So Pm)ut (Ai+a6ili emn)
Jun-25-02 10:19A RIVERHILL COUNTRY CLUB
FIELD NOTES DESCRIPTION FOR A TWENTY FT. WIDE
SANITARY SEWER EASEMENT UPON OVER AND ACROSS
THE RIVERHILL COUNTRY CLUB, MC. LAND IN THE CITY
OF KERRVILLE, KERR COUNTY, TEXAS
1 830 896 3331 P_05
Ex,~tat~ °A"
Bring all of a certain twenty (20) ft. wide strip, tract or parcel of land containing 0.68 acre, more or less, out of Nathaniel Hoyt
Survey No. 147, Abstract No. 178 in the City of Kemille, Kerr County, Texas; part of a certain 160.71 aae tract conveyed as
Tract II from Riverhill Club, Inc. to Riverhill Country Club, Inc. by a Warranty Deed with Vendors Lirn executed the 31" day of
August, 1986 and recorded in Volume 391 at Page 612 of the Real Property Records of Kerr County, Texas; and being more
particularly described by metes and bounds as follows:
BEGINNING at a %," iron stake set for the north comer of the herein described tract; which point bears 99.73 ft. South and 274.69
ft. West from a'/," iron stake found for the west comer of Lot I in Block 3 of Riverhill Townhouse Tracts No. 4, a subdivision of
Kerr County according to the plat of record in Volume 4 at Page 223 of the Plat Records of Kerr County, Texas and a northerly
comer of said Tract lI;
THENCE, upon over and across said Tract Il, all calls to set '/," iron stakes: S.67°49'14"E., 311.97 ft.; 5.32°18'09"E., 321.05 R;
821°28'08"E., 437.97 ft.; 5.45°50'28"E., 319.60 ft.; and S.74°34'11"E., 84.85 R. to a X" von stake set in the east line of said Tract
[I and west line of a certain 2.10 acre trace conveyed Gom Riverhill Club, Inc. to the Ciry of Kemille by a Special Warranty Deed
executed the 23~ day of September, 1987 and recorded in Volume 450 at Page 33 of the Real Property Records of Kerr County,
Texas for [he northeast comer of the herein ducribed tract;
THENCE, with the common line between said Tract H and 2.10 aae tract 5.07°32'00"W" 20.19 fi. to a %," iron stake set for tlx
southeast comer of the herein described tract;
THENCE, upon over and across said Tract 11, all calls to set'/:" iron stakes: N.74°34'1 I"W., 92.75 ft.; N.45°50'28"W., 329.04 ft.;
N2l°28'O8"W., 440.39 ft.; N.32°13'09"W., 312.75 ft.; and N.67°49'14"W., 305.56 ft. to a X" 'von stake set for the west corner of
the herein described tract;
THENCE, continuing upon over and across said Tract II, N.22°10'46"E., 20.00 ft. to the PLACE OF BEGMNMG.
I hereby certify that this field notes description and
accompanying plat are accurate representations of the property
shown and described hereon as determined by a survey made
on the ground under my d'uection and supervision, except no
survey was made to reestablish Patent Survey lines or comers;
and that all property corners are 3s shown. (Bearing basis =
Ttve north based on GPS observations)
D red this 12° da o ne, 2002 ~~+"' F'
y ~P ~6tS TE
~P
Le o It ~~ LEE C. VOI
Registered Professional Land Surveyor No. 3909 °• y 3909
Counry Surveyor for Kerr County, Texas 9.(; °~ESS!
_~ PP Stp(jy¢p~y, PLLC " PHONE 630-767-3373 • T1T CLAY STREET. KE RRVILLE. TEXAS 78026
Jun-25-02 10-19A RIVERHILL COUNTRY CLUB 1 830 896 3331 P.06
FIELD NOTES DESCRIPTION FOR A FORTY FC. W1DE E ]t H t a ~ ~ 8 °
TEMPORARY CONSTRUCTION EASEMENT UPON OVER AND
ACROSS THE RIVERHILL COUNTRY CLUB, INC. LAND IN THE
CITY OF KERRViLLE, KERR COUNTY, TEXAS
Being all of a certain forty (4U) ft. wide strip, tract or pazcel of land containing 1.41 acre, more or less, out of Nathaniel Hoyt
Survey No. 147, Abstract No. 178 in the City of Kerrville, Kerr County, Texas; part of a eeruin 160.71 aae tract conveyed as
Tract lI Gom Riverhill Club, Inc. to Riverhill Country Club, Inc, by a Warranty Deed with Vendors Lien executed the 31" day of
August, 1986 and recorded in Volume 391 at Page 612 of the Rcal Property Records of Kerr County, Texas; and being more
particularly described by metes and bounds as follows:
BEGINNING at a h" iron stake set in the south right-0f--way line of Rolling Green Drive, a forty (40) R. wide public street and
notth line of said Tract II for the northerly east comer of the herein described tract; which point bears 67.31 R South and 261.47 ft.
West tiom a 94" iron stake found for the west comer of Lat 1 in Block 3 of Riverhill Townhouse Tracts No. 4, a subdivision of
Kert Caunry according to the plat of record in Volume 4 az Page 223 of [he Pla[ Records of Kerr County, Texas and a northerly
comer of said Tract 11;
THENCE, upon over and aaoss said Tract It, all calls set to 'h" iron staka: 5.22° 10'46"W., 33.01 R to a K' 'von stake set for a
reentrant corner of the herein described tract S.G7°49'14"E., 311.97 R; 336°02'16"E., 319.41 R; 5.21°28'08"E, 439.84 fr.;
S.45°50'28"E., 310.16 ft.; and 5.74°34'1 I"E_, 76.93 ft. to a 'h" iron stake set in the east line of said Tract 11 and west line of a
certain 2.10 acre tract conveyed from Riverhill Club, inc. to the City of Kerrville by a Special Warranty Deed executed the 23f°
day of September, 1987 and recorded in Volume 430 at Page 33 of the Rcal Property Records oC Kerr County, Texas for the
southerly east corner of the herein described tract;
THENCE, with the common line between said Tract ]l and 2.10 acre tract 3.07%2'00"W" 40.33 R [o a %" iron stake set (or the
south comer of the herein described tract
THENCE, upon over and across said Tract II, all calls set to Y:" iron stakes: N.74°34'I 1"W., 92.73 R; N.43°3028"W., 329.04 ft.;
N?1°23'03"W., 440.39 ft.; N.3G°02'16"W., 307.00 R.; N.G7°49'14"W., 339.16 R; and N.22°10'46"E., 72.63 ft. to a'h" iron stake
xc in the said south rigltr-of--way line of Rolling Green Drive and north line of Tract Il for the north corner of the herein described
tract;
THENCE, with the said south right-of--way line of Rolling Green Drive and north tine of Tract II, 40.13 R along the arc aF a
31°02' curve to the left subtended by a 12°27'23" central angle and 184.67 R radius (long chord: 5.71°l~ 13"E., 40.07 ft.) to the
PLACE OF BEGINNING.
1 hereby certify that this Field notes description and
accompanying plat are accurate representatioru of the property
shown and described hereon as determined by a survey made
on the ground under my d'uection and supervision, except no
survey was made to reestablish Patent Strrvey lines or comers;
and that all property comers are as shown. (Bearing basis =
Trve notth based on GPS observations)
Dated this 13° day June, 2002
Lee . Vcelkel
Registered Professional Land Stuveyor No. 3909
Counry Surveyor for Kerr County, Texas
tY Pt LC • PHONE 830-26]-3313 . 312 CLAY STREET. KERRVILLE. TE%AS ]R028 ~