ORllEtt Nu. ~795~ RATIFY SIGNATURES ON RIVERHILL COUNTRY GLUE EHSEMENI Un this the c:/th day of Jan~.~ar^y, c0~~:,, ~_~pon motion made by Commissioner Williams. seconded by Commissioner Nicholson, the Lour^t unanimously appr^oved by a vote of 4-~-0, to r^eapprove the Easement Agreement by and between Riverhill Ca~_tntry C1~_tb, lnc., the City of F:errvitle, and M.err^ Co~_mty, as evidenced by the agr^eement attached with the item, and that in cannectian therewith, that the dates be pr^operly specified therein and reflect the cur^rent year, and authari~e, in addition to the prior signatories, the signator^y of the c~_ir^r^ent Ca~_inty Judge to sign. 795 COMMISSIbNERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: ~~/~~ ~~ 1 ' tOT (..LAY OFFICE: ~~L~ ~"T'~ O/L11~~~ ~F• MEETING DATE: C~~,,1A~~ ~'~, ZL~~_ TIME PREFERRED:~~.~ SUBJECT: (PLEA~E BE SPECIFIC) ~ ~ ~ ~~ C:G~~GOrrJ ~ t~ ~~~ ~0 EXECUTIVE SESSION REQUESTED: (PLEASE STATE RjEA,S~ON) (~ NAME OF PERSON ADDRESSING THE COURT: (~/y( ~~~LI ~I,P~t> 1~JP I/Q/I.U ~~y ESTIMATED LENGTH OF PRESENTATION: ~~~~~~~ IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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: 5:00 P.M. previous Tuesday. 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 prepazed 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 earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. WALLACE & JACKSON Edgar A. Wallace David L Jaekson Ashley E Ressmann A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 840 MAIN ST., Suite 100 KERRVILLE, TEXAS 78048-5500 January 7, 2003 Mr. David Motley County Attorney Kerr County Courthouse 700 Main St., Suite BA103 Kerrville, Texas 78028 Mr. Mike Hayes City Attorney City of Kerrville 800 Junction Highway Kernnlle, Texas 78028 Re: Riverhill Easement Dear David and Mike: VIA FAX 792-2228 aril RDC~JLAR N>P,IL JAN $ x ~.: TELEPHONE 830/896-9811 TELEFAX 830!457-6119 VIA FAX 792-5804 and RNC~JIAR MAIL Attached is the executed Sewer Easement, signed by everyone. I am holding the original. I understand work is commencing and the document supports the terms that we have all discussed and agreed upon. However, the originals of the two (2) counterparts that were signed by the City and then the County, had not been received by Riverhill so I had a Xerox copy signed by my client. I am by copy of this letter sending to you a new original so that it can be re-signed by all the parties and that document can be recorded. We don't know what happened to the other two (2) originals. The County Clerk's Office sent it to Riverhill but Riverhill says that they didn't receive it and it may even show up with the return mail of some sort. If you have any questions let me know. Very truly yours, WALLACE & SON BY: David .Jackson DLJ/kr Rlr/I.Er1ER TO MOTLEY do HAYES F~ICls. Original of Easement Agreement EASEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF KERB KNOW ALL MEN BY THESE PRESENTS: A. RIVERHILL 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. KERR 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. Ken 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, Ken County will cease being a party to this Agreement and its obligations and responsibilities pursuant to the provisions hereof shall terminate. Subject to a separate 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 are hereby acknowledged and confessed by Grantor, the parties hereto do hereby agree as follows: 1. Easements. Grantor does hereby convey, assign, transfer and grant 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 Ken County and Grantee a temporary easement ("Temporary Easement") across the Temporary Easement Tract, and as more particularly described at Exhibit "B", for the sole purpose of constructing 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 March 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 Parcel which entry shall be on or after January 8, 2003, and the Sewer Line shall be completed on or before March 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 area 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 agree that liquidated damages on a daily basis will be paid to Grantor by Grantee and Kerr 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 Agreement. 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 maybe 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 March 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 agrees 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 varied except by the written agreement 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 are 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, singular 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 aze 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 Temporazy Easement shall be upon and subject to the following terms, provisions, conditions and covenants: A. Kerr County and Grantee by acceptance hereof agree 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 area 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 Mazch 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 construction 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 ground. 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 Agreement by them or any of them. B. Kerr County and Grantee, by the acceptance hereof, agree 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 hazard 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 areas 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. 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 cleazly mazk the outer boundaries of the Permanent Easement Tract and the Temporary Easement Tract with flagged stakes and tags at each coiner thereof and at intervals of not greater than 200' along each side thereof. 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 aze 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 beaz 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 construction 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) yeaz warranty for all work and materials 7 which warranty shall be assigned by Kerr County of its rights hereunder to Grantee. WITNESS THE EXECUTION HEREOF on this GRANTOR: RIVERHILL COUNTRY CLUB, INC. BY: Name: Title: Address: 1001 Riverhill Club Lane Kerrville, TX 78028 THE STATE OF TEXAS COUNTY OF KERB This instrument was acknowledged before me in this 2002 by day of Notary Public, State of Texas 2002. EXECUTED this day of 200, by the remaining parties to the Agreement. GRANTEE: CITY OF KE VILLE, TEXAS By: ',.. Steph P. Fine, Mayor ATTEST: S ila L. Brand, ity Clerk COUNTY OF KERB, TEXAS v By " Frederick L. Henneke, County Judge ATTEST: per ~ •T1 Nl.e`f ~ (.(~U~( .~(.(,~E J ette Pieper, County Clerk 8 APPROVED AS O FORM: APPRO AS TO FORM: ike Haye , City A ey lei. otley, County Attorney AFTER RECORDING RETURN TO: Sheila Brand, City Clerk City of Kerrville, Texas 800 Junction Highway Kerrville, Texas 78028 anvc~.atk so r~;«i cw~nai ~~ Jute-.25-02 10:19A RIVERHILL COUNTRY CLUB FIELD NOTES DESCRIPTION FOIL A TWENTY FT. WIDE SANI'CARY SEWER EASEMENT UPON OVER AND ACROSS THE RIVERHILL COUNTRY CLUB, INC. LAND 1N THE CITY OF KERRVILLE, KERB COUNTY. TEXAS 1 830 896 3331 P.05 Ex~tatT „A" Being all of a certain twenty (20) ft. wide strip. traU or parcel of land containing 0.68 aue, more or less, out otNathaniel Hoyt Survey No. 147. Abstract No. 178 in the City of Kemrille, Kerr County, Tcxas; part of a ccrtain 160.71 aae tray convcycd as Tract II from Riverhill Club, Inc, to Riverhill Country Club, lne, by a Warrany Dced with Vendor's Lien executed the 31" day of August. 1986 and rccorded in Volume 391 at Page 612 of the Real Property Records of Kerr County, Texas; and being more particularly dcscnbcd by metes and bounds as follows: BEGINNING at a %" iron stake sct for the north corncr of the herein described tract; which point bears 99,73 ft. South and 274.69 ft. Wt:st from a'h" iron stake found for the wcst corncr of Lot 1 in Block 3 of Rivcrhill 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, Tcxas and a northerly corner of said Tract lI; THEPICE, upon over and across said Tract II, all calls to set 'h" iron staker. S.6?°49'14"E., 311.97 R; S32°18'09"E., 321.05 ft; S2l'28'08"E.. 437 97 ft.; 5.45°50'28"E., 319.60 ft.; and S.74°34'11"E., 84.85 ft. to a S4' non stake sct in the cast line of said Tract II and west line of a ccrtain 2.10 acre tract conveyed @orn Rlverhill Club, lne. to the City of Kerrville by a Special Warranty Deed execritcd the 23'~ day of September. 1987 and recorded in Volume 450 at Page 33 of the Rcal Property Reeords of Kerr County, Texas for the notthcast cotncr of the herein dcscnbcd tract; THENCE, with the cotnmon line between said Tract lI and 2.10 acre tract S.07°32'00"W~ 20.19 ft. to a Y:" iron stake set for the southeast corner of the hcrein described tract; THENCE, upon over and across said Traci Il, all calls to sot'/:" iron stakes: N.74°34'l l"W.; 92.75 ft.; N.45°50'28"W., 329.04 ft.; N? l'28'08"W., 44039 ft.; N.32° 13'09"W„ 312.75 ft.; and N.67°49'14"W., 30556 ft. to a %," iron stake set for the west corner of the herein desen'bed trace; THE: tCE, conirnuing upon over ar.3 across said Tract Ii, N.22° 10'46"E., 20.00 ft. to the PLACE OF BEGINNING. 1 hereby certify that this field notes description and accompanying plat are accurate representations of the property shown and desrnbed hereon as determined by a survey made 0o the ground under my d-trection and supervision, except no survey was made to reestablish Patent Survey lines or corners; and that all property corners are ds shown. (Bearing basis True north based on GPS observations) ted this 12'" day o ne, 2002 Le [~ Registered Pmfcssional Land Surveyor No. 3909 County Surveyor for Kerr County, Texas •., ty Y/;~E, ~t,LC • •PHONE BOO-2li7-931 • 212 CLAY s7REET. KERRVtLLE. TEXAS 78023 JurT-25-02 10:19A RIVERHILL COUNTRY CLUB 1 830 896 3331 p_O6 F1ELD NOTES DESCRIPTION FOR A FORTY FT. WIDE E ~ H t 8 ~ ~ " $ `' TEMPORARY CONSTRUCTION EASEMENT UPON OVER AND ACROSS THE RIVERHILL COUNTRY CLUB. INC. LAND IN THE CITY OF KERRYILLE, KERB COUNTY, TEXAS Being all of a certain forty (4U) ft. wide strip, tract or parcel of land containing 1.41 acres, mac a less, out of Nathaniel Hoyt Survey No. 147, Abstract No. l78 in the City of Kerrville, Kerr County, Texas; part oCa ccrtaia 160.71 aac traa coaveytd u Tract II from Riverhill Club, Inc, to Riverhill Country Club, Inc. by a Warranty Decd with Ycndors Lien executed the 31" day of August, 1986 and recorded in Volume 391 at Page 612 of the Real Property Records of Kent County, Texas; and being more panicutarly described by metes and bounds as follows: 8EG1NNlNG at a'/~" iron stake set in the south right-of--way line of Rolling Grcea Drive, a forty (40) ft. wide public street and north lino of said ?tact II for the northerly cast comer of the herein dacn'bed tract; which point bears 673 I R South and 2b 1.4? R. West from a %" iron stake found for the west corner of Lot 1 in Brock 3 of Riveriu'll Townlwuse Tracts No. 4, a subdivision of Kerr County according to the plat of record in Volume 4 at Page 223 of the Ptat Records of Kcrr County, Texas and a northerly comer of said Tract II; THENCE, upon over and aaoss said 'IYact II, aQ calls set to '~4" iron stakes: S22° l0'4b"W., 35.01 ti. to a'/a` iron stake set fa a reentrant corner of the herein dcsaibed tract; S.67.49'l4"E., 311.97 R-: S36°02'16"E.. 319.41 R.; S.21°28ti8"E., 439.84 ft.; S.45°5028"E„ 310.16 ft.; and S.74°34'11"E., 76.95 R. to a'i4` iron stake set to the east line of said Tract II snd war line of a certain 2l0 Here tract conveyed from Aiverhill Club, Inc. to rho City of Kerrville by a Special Warranty Deed executed the 23'" day of September. 1987 attd recorded is Volume 450 at Page 33 of the heal Property Accords of Kerr County. Texas for the sotnhetiy cast corner of the herein described tract; THENCE, with the common line between said Tract 1I and 2.10 acre tract 3.07°32'00"W.. 40.33 ft. to a %:" iron stake set for the south corner of the herein described ricer; THENCE, upon over and across said Tract II, all calls set to '/:" iron stakes: N.74°34'11"~Y., 92.75 ft.; N.45°50'2S"W.. 329.04 fc.; N? l°2S'OS"W.. 440.39 R.; N.36°02'l6"W.. 307.00 11.; N.67°49'l4"W.. 339.(6 R.; cad N.22°l0'46"E..72.G3 il. to a ?4" iron stake set in the said south right-of--way line of Rolling Green Drive cad north line of Tray lF for the north corner of the herein described tract; THENCE. with the said south right-of--way line of Rolling Green Drive and north line of Traci u. 40.15 [t. along the arc of a 31°02' curve to the left subtended by a 12°2725" central angle and 154.67 ft. radius (long chord: S.71°1~ i5'E., ~t0.07 fl.) to the PLACE OF BEGINNING. I hereby ratify that this field notes description and accompanying plat arc accurate representations of the property shown and described hereon as determined by a stervey made on the ground under my direction and supervision, excxpt ao surrey was made to reestablish Pateat Survey lines or cornets; and that all property corners are as shown. (Scaring basis e True north based oa GPS observations) Gated this 13° day June. 2002 Le~~cl Acgisccred Professional Land Surveyor No. 3909 County Surveyor for Kerr County. Texas G 9~i. f'llC • PHONE a90-257-9313 . Zl2 CLAY STREET, KERRVILLE. TEXAS TR026 Tel. (830) 792-2255 ~cs of ~annett n(- ~epetc Kerr County Clerk 700 Main St. Suite 122 Kerrville. TX 78028 CERTIFIED MAIL January 28, 2003 Fax. (830) 792-2274 David L. Jackson 820 Main Street, Suite 100 Kerrville, TX 78028 Re: Easement Agreement - Riverhill Country Club, Inc. -City of Kerrville - Kerr County. Dear Mr. Jackson: Please find enclosed an original of the referenced Agreement signed by Kerr County. After Riverhill executes the document, please return an original to our office. If you have any questions, please call me. Sincerely, ( ~ j~~2~7~2G ~Oz~ Linda Hamilton Kerr County Clerk's Office Enclosure Ir ~n S .~ f1J Postage ? S r S3 S Certified Fee ~ ~ ~y ~ Retum Receipt Fee ~ C ~ s~s~ ark Her O (Endorsement Required) ' ~~ ~ l~ ~ O O Restricted Delivery Fee (Endorsement Required) U G ~wy o a ul Total Postage & Fees ~ 7 r ~ Gj i1N r` 1`F `' 1 O Sent To ' 7~~~ ru ---- --•---L1KV_~D__ L- -JACKSON _ ___________ . 0 ____ Street. Apt. No., or POeoxNo. 820 MAIN STRE ____ _ _____ ET SUITE, lOb - ~ ~ ~ - - ---- ------ --------------- rty, State, ZIP+4 ---------------------------- __________-. _!__----'-°-•-- ---- KERRVILLE TX 78028 ^ Complete items 1, 2, and 3. Also complete item 4 'rf Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: DAVID L JACKSON 820 MAIN STREET SUITE 100 KERRVILLE TX 78028 A. Rec~j~d by/(/ a~(~~ UJ~~) I I^a~~C C. S'' at~ ^ Addressee D. Is delivery address different from item 1 T ^ Yes If YES, enter delivery address below: ^ No 3. Service Type 'Certified Mail ^ Express Mail ^ Registered ~Fieturn Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Exha Fee) ^ y~ 2. Article Number 70D2 0510 0001 4526 4519 (lransler from service IabeQ PS Forrn 3811, March 2001 Domestic Retum Receipt to2595-ot-M-t4za ~. n~ an of KERRVILLE, TEXAS co January 15, 2003 Mr. David M. Motley County Attorney 700 Main Street Kerrville, Texas 78028 Re: Riverhill Country Ctub Easement Agreement Dear David: Enclosed for Kerr County's signatures is the original Easement Agreement between Riverhill Country Club, Inc., the City of Kerrville, and Kerr County. Please note that Judge Henneke's name remains on the contract. As David Jackson's letter indicates, upon execution by the County, the agreement should be forward to David Jackson for recording. If you have any questions, please call me. Very truly Michael C. H. City Attorney enclosure e J~ 800 JUNCTION HIGHWAY • IO:RRVILLE, TEXAS 78028-5069.830/257-8000