ORDER NO. 28566
ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY
TO KERRVILLE PUBLIC UTILITY BOARD
Came to be heard this the 22°d day of March 2004 with a motion made by Commissioner
Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 3-0-0 to approve a 10' easement on the Sidney Baker for electrical lines and right-
of-way to Kerrville Public Utility Board.
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COMMISSIONER'S COURT AGENDA REQUEST
PLEASE FURNISHONE ORIGINAL AND NINE COPIES OF THIS REOJEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Glenn Holekamp OFFICE: Facilities Use & Maintenance
MEETING DATE: March 22,2004 TIlVIE PREFERRED: 9:00 am
SUBJECT: Electrical line easement and right-of--way
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON ADDRESSING THE COURT: Lou Graves
ESTIMATED LENGTH OF PRESENTATION: 5 minutes
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 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. See Agenda Request Rule
Adopted by Commissioner's Court.
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March 4, 2004
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2250 Memorial Blvd. P.O. Box 294999 Kerrville, Texas 78029-4999 830-257-3050 FAX 830-257-8078
Kerr County
700 Main Street
Kerrville, Texas 78028
RE: ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY
Attention Commissioners Court:
Please find enclosed for your review (3) three copies of an easement required for construction at your
location at 700 Main Street. If the proposed easement meets with your approval, please sign the original
and (1) one copy before a Notary Public and return them to our office. The third copy is for your records.
If you have questions concerning this matter, please call us at (830) 257-3050 or (800) 257-2883 between
8:00 A.M. and 5:00 P.M.
Thank you for your cooperation.
Sincerely,
David R. Cowen
Lead Engineering Technician
DRC/nlm
Enclosures (3)
EASEMENT AND RIGHT-OF-WAY
THE STATE OF TEXAS §
COUNTY OF KERB §
GRANTOR: KERB COUNTRY
GRANTEE: KERRVILLE PUBLIC UTILITY BOARD
Grantor, for and in consideration of One Dollar ($1.00) to Grantor in hand paid by 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 an
Easement and Right-of-Way (the "Easement") for the purpose of erecting, constructing, maintaining, operating,
replacing, and removing electric distribution line and communication line, consisting of variable number and sizes of
wires and cables, poles and structures, and all necessary or desirable appurtenances and attachments (the "Line")
on, under, over, across and upon Grantor's lands in the B.F. Cage Survey No. 116, Abstract No. 106, Kerr County,
Texas, conveyed by Deed dated October 18,1856, Recorded in Volume A, Page 84, Real Property Records of Kerr
County, Texas, said Easement being more particularly described in Exhibit A and Exhibit B, attached hereto and
made a part hereof for all purposes.
Grantee shall have the right of ingress and egress at all times upon the Easement, and adjacent lands to or from the
Easement for the purpose of constructing, reconstructing, installing, inspecting, patrolling, operating, repairing,
replacing, maintaining and removing the Line; together with the right to use such portion of the lands along and
adjacent to the Easement as may be reasonably necessary in connection with the Easement and said purposes.
Grantee shall have the right to install and maintain appropriate gates along and in any fence on the Easement as
necessary for the exercise of Grantee's right of ingress and egress.
Grantee shall have the right to place new or additional wire or wires, cable or cables on the Line and to change the
sizes thereof within the Easement. Grantee shall have the right to relocate or reconstruct said Line with the same or
different type structures along the same general direction of the Line, and to place temporary guys, poles and
supporting structures for use in erecting or repairing the Line.
Grantee shall have the right to assign, license, permit, or otherwise agree to the joint use or occupancy of the
Easement by or to any other person or legal entity for the purposes herein set forth.
Grantor reserves the right to use the lands herein described for such uses and purposes as Grantor may determine,
provided, however, that no such use of said lands by Grantor shall interfere with the exercise of the rights of Grantee
herein specified as determined in the sole and absolute discretion of Grantee. Grantor shall not place or operate any
temporary or permanent equipment or object within the Easement without first complying with the most recent edition
of the National Electrical Safety CotlelAmerican National Standard C2 and any applicable law or regulation to which
Grantor is subject.
Grantee shall have the right to remove from the Easement all trees, shrubs, and parts thereof, or any structure,
building, or obstruction, which in the sole judgement of Grantee, may endanger or interfere with the proper and safe
maintenance and operation of the Line or the purposes herein set forth including the rights of ingress and egress.
This Easement, and the terms and conditions contained herein, shall inure to the benefit of and be binding upon
Grantee and Grantor, and their respective heirs, legal representatives, successors, and assigns, until relinquished
and released by written instrument executed by Grantee.
TO HAVE AND TO HOLD this Easement unto Grantee and its successor and assigns, for the purposes and subject
to the limitations described above, and to warrant and forever defend this Easement to Grantee against anyone
ACKNOWLEDGMENT FOR CORPORATIONS
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me this ~ day of ~~,~ ~'~ , 20~, by
Pat Tinley, County Judge of Kerr County a Texas corporation, for and on behalf of said corporation.
~~`SS-ONEgs ~ilie, Stat of Texas
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COUNTY, ~ iesiet~cpi~s:
EXHIBIT A
Being a description of a 10 foot wide Easement and Right-of-Way, same being 5 feet either side of the centerline
described as follows:
BEGINNING At a point S. 45° 12' 41" E., 5.00 feet from the north corner of said 3.93 acre tract of land;
THENCE, S. 45° 05' 56" W., 414.98 feet to a final point.
Exhibit B
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NOTES:
7. BEING A DESCRIPTION OF A TO FOOT WIDE EASEMENT AND RIGHT-OF-WAY, SAME
BEING 5 FEET EITHER SIDE OF THE CENTERLINE.
EASEMENT ~RAW~NG
~~,~°0® KERR COUNTY COURTHOUSE °`°~cy ~°°DRC 03/03/04
- ~°~ 700 MAIN STREET ~`°'° °`°'~9 ~'°°~
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