J ~`I N U (o I. 1 • ~ COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY~ t Lt-`~ ~^' O W OFFICE: MEETING DATE: ~ur~ , I ~-t Zoo ~ TIME PREFERRED: SU^7BJECT: Ht 2~O fzt- 1_+ ~.]G l ti ~~ .^ q 'Q.s54 •~t-ts'~L a+.~ S'-rorr k.S !~ 1'-~ 6'2Pa (LT ~a n. Itl~ EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT:~jt ~.{ ~,~ d v.J ESTIMATED LENGTH OF PRESENTATION: ~,Zj Yr. ~ ti ~L s 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, Govemment Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. 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 Rules Adopted by Commissioners' Court. a_ i. ` TexAppraise InC. REAL ESTATE APPRAISALS 231 EARL GARRETr, SUITE 200 ~ CONSULTING & SOFTWARE KERRVIL.LE, TEXAS 78028 PHONE (830) 257-2177 December 6, 2005 Dr. John Davis -Chairman Kerrville-Kerr County Joint Airport Board 800 Junction Highway Kerrville, Texas 78028 RE: Resolution or reconciliation of fencing dispute between Airport and Billy and Maggie Snow Deaz Gentlemen: On July 11, 2004, I discovered that our entire north property line consisting of some 704 LF of deer-proof fencing had been removed in order to facilitate part of the Airport fencing project. There was no grior notification or request, nor consideration as to whether there was livestock, exotics or other animals that were presently contained. The timing and chronological events that followed are documented in the enclosed documents. We attempted to resolve this matter in what we considered a rational and prudent manner. Through Mr. Ron Patterson, several items of concern were resolved. However, the agreement that was reached verbally had been appended with several "legal issues" when reduced to writing as presented. In attempting to resolve these issues, Mr. Patterson failed to respond to my request to discuss these "legal issues" after I hand delivered the fax copy received from Mr. Tom Pollazd concerning "Texas Statutes" on fencing. This was on or about August 9"', after the last fax from Mr. Patterson. It is my understanding that the materials that could have gone to resolving a major portion of this issue were not retained in the last fencing contract on the Airport project, and are no longer available. The issue regarding proper notification and responsibility of replacing the "new north fence" that is no longer on the property line, should it ever be moved or altered again has not been resolved. To date, we have incurred just under $500 in legal fees relative to this issue. 3 ~ TexAppraise ~11C. REAL ESTATE APPRAISALS 231 EARL GARRETi, SUITE 200 ~ CONSULTING & SOFTWARE KERRVILLE, TEXAS 78028 PHONE (830) 257-2177 Dr. John Davis -2- December 6, 2005 Due to the manner in which we have been treated, our position is to go back to our original demand that 1) our west line adjacent to the Airport be replaced with compazable chain-link fencing, similar to the rest of the Airport boundary. This constitutes a total distance of 1,342.28 LF per our plat. That this fencing be placed on the property line so that it is a common boundary fence (waiver will be signed for the one (1') foot overhang). 2) that the Airport Boazd agree in writing that if the north fence with is currently one (1') foot inside the Airport Boundary is ever moved or altered, that the Kerrville-Kerr County Airport is responsible for replacing our original fence, and 3) that we be allowed to recover legal fees. Billy D. Property ARA, MAI attachments Mazgazet ~chneide~n , ARA Property Owner - -- - __- REAL ESTATE APPRAISALS 231 EARL GARRETT, SUITE 200 ' TexAppraise, I11C• CONSULTING & SOFTWARE KERRVILLE, TEXAS 78028 - ~ PHONE (830) 257-2177 . - _ - :e Ts... _ yyyyy~~n ~ ryQ ~ [//j ., _ ._____.r.___._..__..____________________ ______~_-_„_r_~._-_cS i 7 _ ._ it THE CITY OF KERRVILLE, TEXAS July 14, 2004 Via Fax 830.896.1416 Followed by U.S. Mail Mr. and Mrs. Billy Snow 760 Johnson Drive Kerrville, Texas 78028 Dear Mr. and Mrs. Snow: Thank you very much for coming to meet with some of the staff and me on Monday to discuss your concerns about the airport fencing project that abuts your property. I would first like to again apologize for our failure, as your neighbor, to provide you the courtesy of notifying you of our project. I would also tike to say thank you for being willing to discuss options that would help to remedy the ill will created. I have had the chance to examine the matter a little more closely and wish to offer the following observations and proposal. With regard to the section of fence that abuts your property that has been removed to date there appears to be several pieces of documentation in the airport files indicating that the airport installed this portion of fence during the early 1980s. Additionally, from looking at pictures of the fence line that were taken prior to this project beginning, as well as recent aerial photographs it appears that a significant amount of vegetation protruded through the fence and that there was no "access way" available to observe the fence from your property as you are seeking now. I do not think it would be productive for me to argue the ownership of this section of fence and the airports right to replace such because we stilt should have at least notified you of the project. Instead I would like to focus on providing a solution. What I propose in response to your request is the installation of a fence, which will be of a quality far superior to what existed prior to this project. The contractor will be instructed to provide some additional grading to ensure the base of the fence properly meets the ground and does not create any significant gaps. In ~ addition, the contractor will be instructed to insure that the corners of the existing fence and the ' new fence are properly secured. The contractor will also be authorized to clear an "access way", to include grading it to the same level as the bottom of the fence, up to approximately ~ seven feet in width measured from the current fence post alignment for the section of fence. This will provide you an "access way" and will keep the brush from protruding through the fence which will help to address maintenance and security issues. With regard to your request that the airport immediately commence replacement of the additional fence section that runs perpendicular to the above-mentioned section I cannot make such a recommendation. This section of fence is not currently scheduled for replacement nor is it funded. A decision has not yet even been made as to whether this section of fence will need 800 JUNCTION ffiGHR'AY • KERRVII.LE, TEXAS 78028-5069 830/257-8000 ' ~ E:\Ron's Data Files\Airport\Snow Fence Letter July 14 04.doc Page 1 of 1 to be replaced anytime in the near future. Additionally, no work has been started in this area that disturbs the existing fence that is in place now. I hope that you can understand that 1 have examined this issue and want to rebuild our neighbor relationship but that I must be able to justify any additional expenses. At this point, in order to ~ be a good neighbor, I have attempted to provide you with all of your requests on the segment of fence that has been removed. Again, please accept my apologies for the inconvenience and 1 hope that you will accept this offer of goodwill. Respectfully, Ron K a e City Manager '~ r d ~ 800 JUNCTION HIGHWAY • KERRVII,LE, TEXAS 78028-5069 830/257-8000 ' E:\Ron's Data FileslAirport\Snow Fence Letter July 14 04.doc Page 2 of 2 July 20, 2004 Mr. Ron K. Patterson City Manager City of Kerrville 800 Junction Highway Kerrville, Texas 78028-5069 HAND DELIVERED FOLLOWED BY U.S. MAIL RE: Reply to correspondence dated July 14, 2004 Dear Mr. Patterson: Subsequent to our meeting at City Hall last Monday morning with Mr. Dave Pearce, Mr. Paul Kniepel and yourself, we are in receipt of your letter referenced above. The mere fact that Mr. Pearce had the audacity to remove, direct contractors or others to remove, an entire side of our perimeter deer proof fencing without any prior contact, notification and/or consideration of individuals property rights is appalling. His admission to this act on or before my discovery of it on July 11'" at least establishes who is at fault. The removal of this section of our fencing, which happens to be a portion of the airport boundary, allows any livestock, pets and/or deer that were in our property direct access onto the airport. The fact that no temporary fencing was, nor has, been provided raises an issues with regards to liability and public safety. With regards to your comments in the second paragraph of your letter, the entire property as it now exists was fenced by Mr. Howard Naylor in or around 1960, when the property was purchased and the home constructed. The entire property has been enclosed in this type of fencing which was shown on our survey plat at the time of purchase. We subsequently purchased the property from Mrs. Naylor. It has and is in our opinion our fence. I am currently getting a fence contractor to give us a bid to establish a portion of the damages. My wife and I feel that the solution to this and future problems posed by this incident are reasonable. They are as follows: 1. Clear and remove brush on our side of the property line back approximately five (5~ feet to allow us to check the fence line and to insure a proper clearance for security reasons to both parties. Mature trees that can be left and trimmed up will be so treated rather than a clear cut. 2. Have the contractor grade the fence line so that the bottom of the new fence can be constructed at grade without gaps. y REAL ESTATE APPRAISALS 231 EARL GARRETT, SUITE 200 TeXAppraise, It1C. CONSULTING li< SOFTWARE KERRVILLE, TEXAS 78028 PHONE (830) 257-2177 i i 1 Mr. Ron K. Patterson -2- July 20, 2004 3. Construct "H" braces at both of our property corners to insure that the fencing and corners that have been slacked by Mr. Pearce, can be maintained properly. ~ 4. The fence will be installed on the property line, so as not to create an encroachment and/or vacancy. t i 5. The City of Kerrville will replace the west boundary of our property with similar quality and construction of chain link fencing and those conditions cited above. i The reason for asking for the west boundary in Item 5 is that this whole incident is due largely to deer being pushed through our fence in an attempt to get them offthe airport for safety reasons. I realize that security and access to the airport is the key issue in your opinion. However, ever since the cattlegaurd was filled in next to 1)ugosh and the Gibson's wazehouse lease on Airport Loop, the airport while being under deer proof fencing had no control of access to deer, livestock and/or vehicular traffic. The deer are getting on the airport quite frequently and are then being chased off (or run through fencing at some point or disposed of). With the fencing plan as shown to my wife and I last Monday, this very issue will not only remain, but will be intensified, because the fencing will eventually force deer into a trap against our west line. Due to the manner in which we have been treated, the identification of an ongoing problem and the fact that the City, its employees, and/or contractors and already guilty of trespass, inverse condemnation, damages and have violated state laws concerning removal of fencing and possibly disposal of State property (deer), we do not feel that we aze being unreasonable in our solution to this problem. If the City of Kerrville cannot deem it appropriate to right its wrongs and treat citizens and taxpayers with some reasonable courtesy and dignity, then the only recourse we are leR with is to file charges and bring suit, request hearings before the Airport Advisory Board, the Kerr County Commissioners Court and involve both the Texas Department of Transportation Aviation Division and Texas Parks and Wildlife. We feel that a timely resolution of this issue be made, since our property is still unsecured, and a liability issue has been created by your acts. ~pectfully, n ~~~~ l Billy D. Sn w,\~`,ARA, MAI Mazg Schne der now, ARA cc: Mr. Tom Pollard, Attorney at Law Hon. Pat Tinley, County Judge, Kerr County TeXAppraise I11C. REAL ESTATE APPRAISALS 231 EARL GARRETT, SUITE 200 ~ CONSULTING ?£ SOFTWARE KERRVILLE, TEXAS 78028 PHONE (830) 257-2177 .I- COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT (Claimant: Billv D. Snow and Margaret Schneider Snowl This Compromise, Settlement and Release A,greernent (the "Agreement") is made and entered into as of the date set forth below by and between" the City of Kerrville, Texas (the "City") and ° Billy D. Snow and Matgaret Schneider Snow, (collectively referred to as the "Snows") and the City and the Snows may, be collectively referred to het'eih as the Parties: - . WHEREAS, the City and the-Snows h2ue a linna fide dispute as to the rights and liabilities of the Parties with respect to the' City's removal and replacement of fencing that sepazates a portion of their respective properties; and ' WHEREAS, in an effort to resolve the differences between the Parties, avoid further proceedings and in the spirit of compromise, the Parties find it'td their mutual advantage to enter into the Agreement; and NOW, THEREFORE, for and in consideration of the covenants, condifions, and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in order to fully and finally resolve all disputes and claims arising out of the Contract between the Parties relating'to the Airport Fencing Project, the Parties agree as follows: 1. CITY'S PERFORMANCES Y~,oV'~,~! w a. The City hereby agrees to perform the folibwing with'respect to thewast~ fence line that sepazates the Parties' properties: 1. Cleaz and remove brush on Snow's side of the fence line to a distance of approximately five feet (S.0') from the fence line. The City will take cafe to trim only those trees that are clearly indicated by the Snows. 2. Grade the fence line so that the bottom of the fence that the City will install can be constructed at a grade without gaps at the bottom. 3. Install "H" braces at the corner of the fences. ,; 4. Install the new fence within approximately one foot (1.0') of the Parties' property line; however, the fence will include barbed wire at the top that will s tilt and extend out approximately one foot (1.0') toward the property line. This placement and construction should result in no encroachment by the ' ~ fence onto the Snow's property. b. Upon the scheduled removal of an existing six foot (6.0') fence along State Highway 27 at the Airport, a portion of such fence shall equal to approximately 1,400 lineal feet will be rolled and condense d then delivered to the Snows. The timing for the removalland deliv Ice cann"ot be determined or guazanteed as of the date C~k ins.-~ V~ tia~....~( ~ u-~-~~ c~.s sa c.~.,._~ ~~~ ~ ~ ~ ~ n v.A-~-' yew ~ ~-- ~--w-`y~~ ,, ,` C.~b> ~~ of this Agreement as the capital improvement project is contingent on grant funding from other governmental agencies. The City specifically disclaims and excludes any implied warranties of condition, of fitness for a particular purpose, of merchantability, ___~ or of any other kind under the laws of the State of Texas or the United States C regarding the fencing, The fencing is offered and will be delivered "as is, where is." .J 2. RELEASE BY THE SNOWS As a condition to their acceptance of the terms stated herein, the Snows, on behalf of themselves and their successors and assigns and any and all persons, entities claiming by, through or under it, hereby RELEASE, DISCHARGE AND ACQUIT, forever and for all purposes, the City of Kerrville, Texas, and its agents, employees, officers, legal representatives, successors, and assigns, from and against any and all liability which they now have, have had or may have, and all past, present and future actions,,causes of action, claims, demands, damages, costs, expenses, compensations, losses, and attorneys fees of any kind or nature whatsoever, or however described, whether known or unlmown, fixed or contingent, in law or in equity, whether asserted or unasserted, whether in tort or contract, whether now existing or accruing in the future arising out of or related to the removal and replacement of the fencing described above. 3. WARRANTY OF CAPACITY Each individual and entity executing this Agreement hereby represents and warrants that he, she or it has the capacity set forth on the signature pages hereof with full power and authority to bind the party on whose behalf he, she or it is executing this Agreement to the terms hereof. a ~-- 4. NO ADMISSION OF LIABILITY This Agreement is made to compromise, ternvnate and to constitute an accord and satisfaction of all the claims released by this Agreement and neither the Snows nor the City admit any liability, fault or wrongdoing of any kind or nature whatsoever and expressly deny and disclaim any liability, fault or wrongdoing alleged or which could have been alleged with regazd to the claims asserted or any similaz claims which might be asserted. 5. RECOVERY OF DAMAGES DUE TO BREACH OF THIS AGREEMENT In the event of breach by any parry of the terms and conditions of this Agreement, the non- breaching party shall be entitled to recover all expenses as a result of such breach, including, but not limited to, reasonable attorney fees and costs. 6. AGREEMENT SETTLES ALL CLAIMS ' It is understood and agreed that all agreements and understandings by and between the Parties to this Agreement aze expressly embodied in this Agreement and that this Agreement supersedes any and all prior agreements, arrangements or understandings between the Parties relating to the claims released pursuant to this Agreement or any matters related thereto executed by the Parties. 7. TERMS ARE CONTRACTUAL The Parties acknowledge and agree that the terms of this Agreement are all contractual and not mere recitals. 8. VOLUNTARY AGREEMENT The Parties acknowledge that they have read this Agreement, understand its terms, and that this Agreement is entered into voluntarily, without duress, and with full knowledge of its legal significance. The Parties represent and warrant that no party has been induced to enter this Agreement by any statement, action or representation of any kind or character made by the persons or entities released under this Agreement or any person or persons representing them, other than those expressly made in this Agreement. 9. MODIFICATIONS MUST BE IN WRITING This Agreement may not be modified in any manner, nor may any rights provided for herein be waived, except by an instrument in writing signed by each party. 10. AGREEMENT BINDING ON SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. 11. SEVERABII.ITY Should any term or any provision of this Agreement be declared invalid by a court of competent jurisdiction, the Parties agree that all other terms of this Agreement are binding and have full force and effect as if the invalid portion had not been included. 12. MULTIPLE ORIGINALS It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 13. HEADINGS ARE FOR REFERENCE ONLY The headings contained herein aze for convenience and reference only and aze agreed, in no way, to define,, describe, extend or limit the scope or intent of this Agreement or its provisions. 14. TEXAS LAW APPLIES This Agreement shall be performable and enforceable in Ken County, Texas, and shall be construed in accordance with the laws of the State of Texas. 3 IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the date set forth. THE CITY OF KERRVILLE, TEXAS By: ~~ 1!~ BiIII¢ D. Snow Ron K. Patterson, Ci Manager Datell Date: _ "J~(~?Z~ aa~y Margaret Schneider Snow Date: ,~ ,~ 4 07./30J2004 16:03 8307923850 1 City of Kerrvi]1e To: Mr. Hilly Snow i From: icon Patterson, City Manager i Re: Feace Agreemeat CC: NA CITV OF KERRVILLE Fax: 830.896.1416 Date: 7/30/2004 Pages: 9, including cover PAGE 01 Q Urgerrt ~ Fa signature ^ Please Cormrrerrt d Please Reply ^ Acknowledge I Darr Mr. Snow: Please $nd attached a red8rred and clear[ version of the agraerrrant that has been revised based on your comments. 1, agadrt, have adfempled Oo provide you vAgt all of your requests. However, 1 am unable to use the langueya you auggeated for the rrew paragraph 1.¢ I r~rlrret commit the CHyto keep something that i! maybe direcmd by a higher authorhy to remove but I can make sure that notice is j pravklod ifihat occurs. I believe that 1 have provided everything that you arni I agreed to over the phone and have already executed a mayor' portion of that comrtdtrnen! 1 would respecNully request the! you rnaite a copy of the clean v~akm surd exewle two copies for delivery to Oily FIffiI. 1 will then execute them as well and haws unoriginal reWtRec ~ Sincerely, 1 ~t ,} l The Mfomration contained in this fax may be prlWleged, (or authorized to receive faxes for the addressee), you n tin this fax. M you think you have received this fax in errc destroy the lax. Thank you. :d 0'3/30!2004 16:03 6307923950 CITY OF KERRVILLE PAGE 02 COMPROMISE SETTLE DENT AND RELEASE .AGREEMENT' (Claimant: Billy D. Snow and Marearet Schneider Sao This Compromise, Settlement and Release Agreement (the "Agreement's is made and entered into as of the date set forth below by and between the City of Kerrville, Texas (the "City's and Billy D. Snow and Margaret Schneider Snow (collectively referred to as the "Snows") and the City and the Snows may be collectively referred to herein as the Parties: WHEREAS, the Ciry and the Snows have a bona fide dispute as to the rights and liabilities of the Parties with respect to the City's removal and replacement of fencing that separates a portion of their respective properties; and WHEREAS, in an effort to resolve the differences between the Parties, avoid further proceedings and im the spirit of compromise, the Parties find it to their gautual advantage to enter into the Agreement; and NOW, THEREPORB, for and in consideration of the covenants, conditions, and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in order to fully and finally resolve all disputes and claims arising out of the Contract between the Parties relating to the Airport Fencing Project, the Parties agree as follows: 1. CITX'S PERFORMANCES a. The City hereby agrees to perform the following with respect to the wester fence Bate that separates the Parties' properties: 1. Cleaz and remove brush on Snow's side of the fence line to a distance of approximately five feet (S.0') from the Fence line, The City will take care to trim only those trees that are clearly indicated by the Snows. 2, Grade the fence line so that the bottom of the fence that the City will install can be constructed at a grade without gaps at the bottom. 1 3. Install "H" braces at the corner of the fences. 4. Install the new fence within approximately one foot (1,0') of the Parties' property line; however, the fence will include barbed wire at the tap that will ~ tilt and extend out approximately one foot (1.0') toward the property line, This placement and construction should result in no encroachment by the fence onto the Snow's property. b, Upon the scheduled removal of an existing siuc foot (6.0') fence along State Highway 27 at the Airport, a portion of such fence shall equal to approximately 1,400 lineal feet will be rolled and condensed__an~ all salve A i arron+'tenAnoeg ~v:llend thug delivered to the Snows. The timing for the removal and delivery of said fence cannot 03/30/2004 16:03 8307923850 CITY OF KERRVILLE PAGE 03 be determined or guaranteed as of the date of this Agreement as the capital improvement project is contingent on grant funding from other governmental agencies. Tkte City specifically disclaims and excludes any implied warranties of condition, of fitness for a particular purpose, of merchantability, or of any other kind under the laws of the State of Texas or the United States regarding the fencing. The fencing is offered and will be delivered "as is, where is." 2. RELEASE BY THE SNOWS As a condition to their acceptance of the terms stated herein, the Snows, on behalf of Utemselves and their successors and assigns and any and all persons, endities claiming by, through or under it, hereby RELEASE, DISCHARGE AND ACQUIT, forever and for all purposes, the City of l~errville, Texas, and its agents, employees, officers, legal representatives, successors, and assigus, from and against any and all liability which they now have, have had or may have, and all past, present and future actions, causes of action, claims, demands, damages, costs, expenses, compensations, losses, and attorneys fees of any kind or nature whatsoever, or however descxibed, whether known or unknown, fixed or contingent, in law or in equity, whether asserted or unasserted, whether in tort or contract, whether now existing or accruing in the future arising out of or related to the removal and replacement of the fencing described above. 3. WARRANTY OF CAPACITY Each individual and entity executing this Agreement hereby represents and warrants that he, she ox it has the capacity set forth on the signature pages hereof with full power and authority to bind the party on whose behalf he, she or it is executing this Agreement to the terms hereof. 4. NO ADMISSION OF LIABIT.ITY 1 This Agreement is made to compromise, terminate and to constitute an accord and satisfaction of all the claims released by this Agreement and neither the Snows nor the City admit any liability, fault or wrongdoing of any kind or nature whatsoever and expressly deny and disclaim any liability, fault or wrongdoing alleged or which could have been alleged with regard to the claims asserted or any similar claims which might be asserted. 5. RECOVERY OF DAMAGES DUE TO BREACH OF THIS AGREEMENT I Itx the event of breach by any party of the terms and conditions of this Agreement, the non- I breaching party shall be entitled to recover all expenses as a result of such breach, including, but not limited to, reasonable attorney fees and costs. ,~ 2 03/30/2004 16:03 8307923850 CITY OF KERRVILLE PAGE 04 i t 6. AGREEMENT SETTLES ALL CLAIMS f It is understood and agreed that all agreements and tuxderstandings by and between the Parties to this Agreement are expressly embodied in this Agreement and that this Agreement supersedes i any and all prior agreements, arrangements or understandings between the Parties relating to the i claims released pursuant to this Agreement or any matters related thereto executed by the Parties. 7. T'EItNIS ARE CONTRACTUAL The Parties acknowledge and agree that the terms of this Agreement are all contractual and not mere recitals. 8. VOLUNTARX AGREEMENT The Parties acknowledge that they have read this Agreement, understand its terms, and that this Agreement is entered into voluntarily, without duress, and with full knowledge of its legal significance. The Parties represent and warrant that no party has been induced to enter this Agreement by any statement, action or representation of any kind or character made by the persons or entities released under this Agreement or any person or persons representing them, other than those expressly made in this Agreement. 9. MODIFICATIONS MUST HE IN WRITING This Agreement may not be modified in any manner, nor may any rights provided for herein be waived, except by an instrument in writing signed by each party. 10. AGREEMENT BINDING ON SUCCESSORS ANA ASSIGNS This Agreement shall be binding upon and shall inure to the benefit o£ the Porkies and their respective successors and assigns. 11. SEVERABILITY Should any term or any provision of this Agreement be declared invalid by a court of competent jurisdiction, the Parties agree that all other terms of this Agreement are binding and have full force and effect as if the invalid portion had not been included. 12. MULTIPLE ORIGINALS It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 13. HEADINGS ARE k'OR REFERENCE ONLX The headings contained herein are for convenience and reference only and are agreed, in no way, to de$ne, describe, extend or limit the scope or intent of this Agreerent or its provisions. 3 I Margaret Schneider Snow Date: 0T/30/2004 16:03 8307923850 CITY OF KERRVILLE PAGE 05 14. TEXAS LAW APPLIES Ibis Agreement shall be performable and enforceable in Kerr County, Texas, and shall be construed in accordance with the laws of the State of Texas. IlV WITNESS WHEREOF, this Agreement has been executed by the patties as o£ the date set forth. THE CITY OF KERRVILLE, TEXAS By: Billie D. Snow \ Ron K. Patterson, City Manager Date• Date: ~ a 07/30/2004 16:03 8307923050 CITY DF KERRVILLE PAGE 06 This Compromise, Settlement and Release Agreement (tlte "Agreemeixt") is trade and entered into as of the date set forth below by and between the City of I~etrville, Texas (the `°City'~ and Billy D. Snow and lvlargaret Schneider Snow (collectively referred to as the "Snows' and the City and the Snows maybe collectively referred to herein as the Parties: WHEREAS, the City and the Snows have a bona fide dispute as to the rights and liabilities of the Parties with respect to the City's removal and replacement of fencing that separates a portion of their respective properties; and WHI:RBAS, in an effort to resolve the differences between the Parties, avoid further proceedings and in the spirit of compromise, the Parties find it to their mutual advantage to enter into the Agreemettt; and NOW, THEIZEPORE, for and inconsideration of the covenants, conditions, and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in order to fully and fmally resolve all disputes and claims arising out of the Contract between the Parties relating to the Airport Fencing Project, the Pat'4tes agree as follows: CITY'S PERFORMANCES a. The City hereby agrees to perform the following with respect to the northern fence line that separates the Parties' properties: 1. Glean and remove brush on Snow's side of the fence line to a distance of approximately five feet (5.0') from the fence line. The City will take care to trim only those trees that are clearly indicated by the Snows. ` i 2. Qrade the fence line so that tlse bottotrt of the fence that the City will install 1 can be constructed at a grade without gaps at the bottom. 3. Install "H" braces at the corner of the fences. 4. Install the new fence within approximately one foot (1.0') of the Parties' property line; however, the fence will include barbed wire at the top that will tilt and extend out approximately one foot (1.0') toward the property lime. This placement and construction should result im no encroachment by the j fence onto the Snow's property. b. Upon the scheduled removal of an existing six foot (6.0') fence along State Highway 27 at the Airport, a portion of such fence shall equal to approximately 1,400 lineal feet will be rolled and condensed, and all salvageable appurtenances will then be delivered to the Snows. The timing for the removal and delivery of said fence cannot 07(30!2004 16:03 8307923850 CITY OF KERRVILLE PAGE 07 be determined or guaranteed as of the date of this Agreement as the capital improvement project is contingent on grant fiutding ,from other governmental agencies, The City specifically disclaims and excludes any implied warranties of condition, of fitness for a particular purpose, of merchantability, or of any other kind under the laws of the Stets of Texas or the United States regarding the fencing. The fencing is offered and will be delivered `°as is, where is." c. Should the fencing requirements of the Airport change in the future and the segment of fence contemplated in paragraph l.a. above no longer be required by the Airport sixty (60) days notice will be provided to the Snow's prior to removal of said fencing. 2. RELEASE BY THE SNOWS As a condition to their acceptance of the teens stated herein, the Snows, on behalf of themselves and their successors and assigns and any and all persons, entities claiming by, thmugh or under it, hereby RELEASE, DISCHARGE AND ACQUIT, forever and for all purposes, the City of Kerrville, Texas, and its agents, employees, officers, legal representatives, successors, and assigns, finm and against any and all liability which they now have, have had or may have, and all past, present and future actions, causes of action, claims, demands, damages, costs, expenses, compensations, losses, and attorneys fees of any kind or nature whatsoever, or however described, whether known or unknown, fixed or contingent, in law or in equity, whether asserted or unasserted, whether in ton or contract, whether now existing or accruing in the future arising out of or related to the removal and .replacement of the fencing described above. 3. WARRANTY OF CAPACITY Each individual and entity executing this Agreement hereby represents and warrants that he, she or it has the capacity set forth on the signature pages hereof with full power and authority to bind the party on whose behalf he, ahe or it is executing this Agreement to the terms hereof. 4. NO ADMISSION OF LIABILITY I This Agreement is made to compromise, terminate and to constitute an accord and satisfaction of all the claims released by this Agreement and neither the Snows nor the City admit any liability, fault or wrongdoing of nay kind or nature whatsoever and expressly deny and disclaivn any liability, fault or wrongdoing alleged or which could have been alleged with, regard to the claims asserted or any similar claims which might be asserted. 5. RECOVERY OF DAMAGES DUE TO BREACH OF THIS AGREEMENT' hx the event of breach by at~y party of the terms and conditions of this Agreement, the non- . breaching patty shall be entitled to recover all expenses as a result of such breach, including, but not limited to, reasonable attorney fees and costs. 07/30/2004 16:03 8307923650 CITY OF KERRVILLE PAGE 08 I 6. AGREEMENT SETTLES ALL CLAIMS It is understood and agreed that al] agreements and understandings by and between the Parties to this Agreement are expressly embodied in this Agreement and that this Agreement supersedes any and all prior agreements, arrangements or understandings between the Parties relating to the claims released pursuant to this Agreement or any matters related thereto executed by the Parties. 7. -TERMS ARE CONTRACTUAL The Parties acknowledge and agree that the terms of this Agreement are all contractual and not 1 mere recitals. 8. VOLUNTARY AGREEMENT The Parties ackrnowledge that they have Lead this Agreement, understand its terms, and that this Agreement is entered into voluntarily, without duress, and with fiill knowledge of its legal significance. The Parties represent and warrant that no party has been induced to enter this Agreement by any statement, action or representation of any kind or character made by the persons or entities released under this Agreement or any person or persons representing them, other than those expressly made in this Agreement. 9. MODIFICATIONS MUST BE IN WRITING This Agreement may not be modified in any matuner, nor play any rights provided for herein be waived, except by an instrument in writing signed by each party. I0. AGREEMENT BINDING ON SUCCESSORS AND ASSIGNS This Agreement strap be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. 11. SEVERABII.ITY Should any term or any provision of this Agreement be declared invalid by a court of competent jurisdiction, the Parties agree that all other terms of this Agreement are binding and have dill force and effect as if the invalid portion had not been included. I2. MULTIPLE ORIGINALS It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 13. READINGS ARE FOR REFERENCE ONLY The headings contained herein are for convenience and reference only and ate agreed, in no way, to define, describe, extend or limit the scope or :intent of this Agreement oz its provisions. 3 07/30/2004 16:03 8307923850 CITY OF KERRVILLE PAGE 09 14. TEXAS LAW APEI.IES i This Agreement shall be perf'omnable and enforceable in Derr County, Texas, and shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREpF, this Agreexrtent has been executed by the Parties as of the date set forth. THE CITY OF KERRVTI.LE, TEXAS DY Icon IC.1'atterson, City Manager Date: Billie D. Snow Date: Margaret Schneider Snow Date: 4 ' Table of Contents Texas Statutes Texas Statutes ~AGRIC.ULTURE CO_D.F TITLE 6 PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS SUBTITLE B,_ LI VESTOC. K {-CHAPTER 143. FENCES; RANGE RESTRICTIONS Page 1 of 1 SUBCHAPTER A. FENCING OF.CULTIVA7"ED LAND [SUBCHAPTER B. LOCAL OPTION TO PREVENT CERTAIN AN. IMAL_ S FROM RUNNING AT LARGE SUBCHAP..TER C. LOCAL OPTION LIMITED FREE RANGE FOR HOGS [~ SUUBCHAPTER D. LOCAL OPTION TO PREVENT CATTLE OR DOMESTIC. TURKEYS FROM RUNNING AT LARGE ~ SUBCHAPTER E. ANIMALS RUNNING AT LARGE ON HIGHWAYS ]SUBCHAPTER F,_REMOVAL OF ADJOINING FENCES ~3SUBCIAPT$R G. USE OF GRAZ.IIVG LAND.UNDER_C_OMMUN FENCE Copyright ®20041.oislaw.com. Inc. All Rights Reserved ~~~~ ~ ~ Pt ~.-e,~. ~~- ~ 2 ("~ ~~ . ~, ~~~ ti~ ' P (~,~,~~,.~~`~-` 'fi`g! http://loislaw.com/pns/tcresult.htpTdockey=10155250(a~TXCODE 07/22/2004 .J 1-rJ.141 AVl~iv. 11V111U1L1V11 Texas Statutes Texas_Statutes Q A.G_RICULTURE CODE TITLE 6 PRODUCTION,PROCESSING,AHD _S_ALE OF ANIMAL PRODUCTS ~ SUBTITLE B .LIVESTOCK ~ CHAPTER 14.i_FE_N. CES_;_RANGE RESTRLCTIONS (~ SUBCHAPTER F. REMOVAL OF ADJOINING FENCES [Prrevious Document in Bookj § 143.121 AGRZC. Prohibition [Next Document in Book] Except as provided by this subchapter or by mutual consent of the parties, a person may not remove a Fence that is: (1) a separating or dividing fence in which the person is a joint owner; or (2) attached to a fence owned or controlled by another person. [Previous Document in Bookj [Next. Document in Book] Copyright O 2004 Loislaw com, Ine. All Rights Reserved rage i or I http://loisjaw.com/pns/tedocview.htp?dockey=4170930(a~TXCODE 07/22/2004 143.1"lZ AGK1C:. Kemoval of 1•'ence by Uwner Texas Statutes Yage 1 of 1 Texas Statutes AGRICULTURE CODE TITLE 6,_P_RODUC.TION PROGESSING,_AND SALE.OF ANIMAL PRODUCTS SUBTITLE B. LIVESTOCK CHAPTER 143_ FENCES;_RANGE RESTRICTIONS. SUBCHAPTER F, REMOVAL .O. F ADJQI711NG FENCES [Previous Document in„Book] [Next.Document in Book] § 143.122 AGRiC. Removal of Bence by Owner A person who owns an interest in a £ence attached to a fence owned in whole or in part by another person is entitled to withdraw his or her fence from the other £ence after giving six months' notice of the intended separation. The notice must be in writing and given to the owner of the attached fence or to that person's agent, attorney, or lessee. ~P_re_v_ious.Document.in Book) Copyright ®2004 ~ oislaw com, Inc. All Rights Resmed [Next Document in Book] http://loislaw.com/pns/tcdocview.htp?dockey=4170931(a~TXCODE 07/22/2004 g r4n.r~n r~vruv.. rccc{uuuiF, ncinuvtu or rcncc oy rinulner rcrsuu Texas Statutes Texas Statutes AGRICULTURE CODE. j~ TITLE 6, PROD1lCTION, PROCESSLNG~AND SALE OF ANIMAL PRODUCTS SSJBTIT_ LE B. LI. V ESTOCK (~ CHAPTER 143., FENCES; RANGE RESTRICTIONS ~] SUBCHAPTER F.. REMOVAL OF ADJOINING FENCES jPrevious,Document in Book] jNext Do. current in Book] ~ 143.123 AGRIC. Requiring Removal of Fence by Another Person A person who is the owner of a fence that is wholly on that person's land may require the owner of an attached Fence to disconnect and withdraw the attached fence by giving six months' notice of the required disconnection. The notice must be in writing and given to the owner of the attached fence or that person's agent, attorney, or lessee. jPrev_ious_ Document. in._BookJ jNeM Document in Book) rage t of t iweww~sw..wwenw ~PYdBM ®2004 t ^i_t=_~~• c^:. Ina All Rights Reserved http://loislaw.com/pns/tcdocview.htp?docket'-4170932~a,TXCODE 07/22/20G4 I i i of Kerrville To: Mr. Billy Snow Fax: 830.896.1416 From: Ron Patterson, Ciry Menagcr Data: 8/9/2004 Re: Fence Agreement Pages: 9, including cover CC: NA ^ Urgent ~ For Signature ^ Please Cornrrrem l7 Please Reply O Acknavrledge DaarMr. Snow: Sorry I COWd not Lail on Friday. The a8lgators just got to me. tbvvevar, l dunk that I have bean able to coma upwith some language that addresses your ooncem that you would be leRwitlrouta fence along the propertyflne in questbn. As before, please find attached a redlined and clean version oT the agreomeM that has been revised leased on your addiSOnal canrrients. I believe 1ha11 have addressed your fired ooncarn that you expnessaS! owr the phone. 1 would again respactNfly request that you mute a copyof th clean version and exeade two copies fw de!'ivery to City Hap. I wpl then execute them as wag and have an ortginal raLarred to you. Ate, I have had the ConbraGtar contacted to sae Hth~re would be a time you could meet him at the job site so you can discuss how the "H" braces are to be Utstalled. IFyou wadd call me and let me larow a tlme for Witertodayor in the morning I viN get it coordinated. Sktcerety, Ron The irdormation Contained in this fax may be privileged, confidential and protected from disCtosure. Unless you are the addressee (or authorized to receive faxes for the addressee), you may not use, copy or disGose to anyone this fax or any Information contained in this fax tt you think .you have received this fax in error, please advise the sender at the telephone number in the header and destroy the fax. Thank ycu. SO 39Cd 3~~In?RI371 d0 hlI~ 058EZ8L0E8 BE:1:S b00Z/60/60 C'~ED l_.~ t~ E~ This Compromise, Settlement and Release Agreement (the "Agreement") is made and entered into as of the date set forth below by and beiween the City of Kerrville, Texas (the "City") and Billy D. Snow and Margaret Schneider Snow (collectively refereed to as the "Snows") and the City and the Snows maybe collectively referred to herein as the Parties: WI-~REAS, the City and the Snows have a bona fide dispute as to the rights and liabilities of the Parties with respect to the City's removal and replacement of fencing that separates a portion of their respective properties; and WIiE12EAS, in an effort to resolve the differences between the Parties, avoid further proceedings and in the spirit of compromise, the Parties find it to their mutual advantage to enter into the Agreement; and NOW, TttpRFFCRh, for and in consideration of the covenants, conditions, and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in order to fully and finally resolve all disputes and claims arising out of the Contract between the Parties relating to the Airport Fencing Project, the Parties agree as Follows: 1. CITTY'S PERFORMANCES a. The City hereby agrees to perform the following with respect to the northern fence line that separates the Parties' properties: 1. Clear and remove brush on Snow's side of the fence line to a distance of approximately five feet (5.0') from the fence line. The City will take care to trim only those trees that are clearly indicated by the Snows. 2. Crrade the fence line so that the bottom of the fence that the City will install can be constructed at a grade without gaps at the bottom. 3. Install "II" braces at the comer of the fences. 4. Install the new fence within approximately one foot (1.0') of the Parties' property line; however, the fence will include barbed wire at the top that will tilt and extend out approximately one foot (1.0') toward the property line. This placement and construction should result in no encroachment by the fence onto the Snow's property. b. 'Upon the scheduled removal of an existing six foot (6.0') fence along State Highway 27 at the Airport, a portion of such fence shall equal to approximately 1,400 lineal feet will be rolled and condensed, and all salvageable appurtenances will then be delivered to the Snows. The timing for the removal and delivery of said fence cannot Z0 39Vd 3"1~In2~3N d0 AlI~ 056EZ6L0E8 BE:TT b00Z/60/60 be determined or guaranteed as of the date of this Agreement as the capital improvement project is contingent on grant funding firm other governmental agencies. The City apeciftcally disclaims and excludes any implied warranties of condition, of fitness for a particular purpose, of merchantability, or of any other kind under the laws of the State of Texas or the 1Jnited Slates regarding the fencing. The fencing is offered and will be delivered "as is, where is." c. Should the fencing requirements of the Airport change in the future the segment of fence contemplated in paragraph l.a. or a fen~~f~jmi ar desi _ eve and exert h . w' 2, RELEASE BY THE SNOWS As a condition to their acceptance of the terms stated herein, the Snows, on behalf of themselves and their successors and assigns and any and all persons, entities claiming by, through or under it, hereby RELEASE, DISCHARGE AND ACQUIT, forever and for all purposes, the City of I{emille, Texas, and its agents, employees, officers, legal representatives, successors, and assigns, firom and against any and all liability which they now have, have had or may have, and all past, present and future actions, causes of action, claims, demands, damages, costs, expenses, compensafions, losses, and attorneys fees of any kind or nature whatsoever, or however described, whether known or unknown, fixed or contingent, in law or in equity, whether asserted or unasserted, whether in tort or contract, whether now existing or accruing in the future arising out of or related to the removal and replacement of the fencing described above. 3. WARRANTY OF CAPACITY ~ ):sch individual and entity executing this Agreement hereby represents and warrants that he, she or it has the capacity set forth on the signature pages hereof with full power and authority to bind the party on whose behalf he, she or it is executing this Agreement to the teens hereof. 4. NO ADMISSION OF LIABILITY ~ This Agreement is made to compromise, terminate and to constitute an accord and satisfaction of all the claims released by this Agreement and neither the Snows nor the City admit any liability, fault or wrongdoing of any kind or nature whatsoever and expressly deny and disclaim any liability, fault or wrongdoing alleged or which could have been alleged with regard to the claims asserted or any similar claims which might be asserted. 5. RECOVERY OF DAMAGIES DUE TO BREACH OF THIS AGREEMENT J In the event of breach by any party of the terms and conditions of this Agreement, the non- breaching party shall be entitled to recover all expenses as a result of such breach, including, but not limited to, reasonable attorney fees and costs. E0 39ffd 3"1~In2R13N d0 AlI~ 05B£Z6G0£8 8£~TS 4002/60/80 3 I 3 i ' 6. AGREEMENT SETTLES ALL CLAIMS It is understood atad agreed that all agreements and understandings by and between the Parties to this Agreement are expressly embodied in this Agreement and that this Agreement supersedes ~ any and all prior agreements, arrangements or understandings between the Parties relating to the claims released pursuant to this Agreement or any matters related thereto executed by the Parties. 7. TERMS ARE CONTRACTUAL The Parties acknowledge and agree that the terms of this Agreement arc all contractual and not mere recitals. 8. VOLUNTARY AGREEMENT The Parties acknowledge that they have read this Agreement, understand its terms, and that this Agreement is entered into voluntarily, without duress, and with full knowledge of its legal significance. The Parties represent and warrant that no party has been induced to enter this Agreement by any statement, action or representation of any kind or character made by the persons or entities released under this Agreement or any person or persons representing them, other than those expressly made in this Agreement. 9. MODIFICATIONS MUST BE IN WRITING This Agreement may not be modified in any manner, nor may any rights provided for herein be waived, except by an instrument in writing signed by each party. 10. AGREEMENT.' BINDING ON SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. .i 11. SEVERABILITY Should any term or any provision of dais Agreement be declared invalid by a court of competent jurisdiction, the Parties agree that all other terms of this Agreement are biuding and have full force and effect as if the invalid portion had not been included. 1 Z. MULTIPLE ORIGINALS It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 13. HEADINGS ARE FOR REFERENCE ONLY 3 40 3~7Fid 3'I~IA?J213N d0 r11ID 058EL6L0EB BE~SL b00Z160/80 The headings contained herein are for convenience and reference only and are agreed, in no way, to define, describe, extend or limit the scope or intent of this Agreement or its provisions. 14. TEXAS LAW APPLIES This Agreement shall be performable and enforceable in Kerr County, Texas, and shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the date set forth. THE CITY OF KERRVILLE, TEXAS By: Billie D. Snow Ron IC. Patterson, City Manager Date: .. Date: Margaret Schneider Snow bate: I 4 50 3~Jtld 3~~Ilt2~l3~ d0 hlI~ 058EZEG0E8 BE~tt b00L/60/B0 CO~ONIf d0 AlI~ 098EZ6L0EB BE:ti b00Z/60J60 be determined or guaranteed as of the date of this Agreement as the capital improvement project is contingent on grant fitnding from other governmental agencies. The City specifically disclaims and excludes any implied watrantles of condition, of fitness for a particular purpose, of merchantability, or of any other kind under the laws of the State of'I'exas or the TJnited States regarding the fencing. The fencing is offered and will be delivered "as is, where is." c. Should the fencing requirements of the Airport change in the future the segment of fence contemplated in paragraph l.a. or a fence of similar design, save and except the barbed wire at the top, will remain. 2. RELEASE BY THE SNOWS As a condition to their acceptance of the terms stated herein, the Snows, on behalf of themselves and their successors and assigns and any and all persons, entities claiming by, through or under it, hereby RELEASE, DISCHARGE AND ACQUIT, forever and for all purposes, the City of Kerrville, Texas, and its agents, employees, officers, legal representatives, successors, and assigns, from and against any and all liability which they now have, have had or may have, and all past, present and fixture actions, causes of action, claims, demands, damages, costs, expenses, compensations, losses, and attorneys fees of any kind or nature whatsoever, or however described, whether known or unknown, fixed or contingent, in law or in equity, whether asserted or unasserted, whether in tort or contract, whether now existing or accruing in the future arising out of or related to the removal and replacement of the fencing described above. 3. WARRANTY OF CAPACTTY Each individual and entity executing this Agreement hereby represents and warrants that he, she or it has the capacity set forth on the signature pages hereof with full power and authority to bind the party on whose behalf he, she or it is executing this Agreement to the terms hereof. ! 4. NO ADMISSION OF LIABILITY i This Agreement is made to compromise, terminate and to constitute an accord and satisfaction of aU the claims released by this Agreement and neither the Snows nor the City admit any liability, fault or wrongdoing of any kind or nature whatsoever and expressly deny and. disclaim any ` I liability, fault or wrongdoing alleged or which could have been alleged with regard to the claims asserted or any similar claims which might be asserted. 5. RECOVERX OF DAMAGES DUE TO BREACH OF THI$ AGREEMENT ;s In the event of breach by any parry of the terms and conditions of this Agreement, the non- , I breaching party shall be entitled to recover all expenses as a result of such breach, including, but not limited to, reasonable attorney fees and costs, 2 GB 39tld 3'1~IA2R13~1 d0 hJ.I~ 056EZ6G0E8 Bfi~rr b00ZJ60/80 6. AGREEMENT SETTLES ALL CLAIMS It is understood and agreed that all agreements and understandings by and between the Parties to this Agreement are expressly embodied in this Agreement and that this Agreement supersedes any and all prior agreements, arrangements or understandings between the Parties relating to the claims released pursuant to this Agreement or any matters related thereto executed by the Parties. 7. TERMS ARE CONTRACTUAL The Parties acknowledge and agree that the terms of this Agreement are all contractual and not mere recitals. 8. VOLUNTARY AGREEMENT The Parties acknowledge that they have read this Agreement, understand its terms, and that this Agreement is entered into voluntarily, without duress, and with full knowledge of its legal significance. The Parties represent and warrant that no party has been induced to enter this Agreement by any statement, action or representation of any kind or chazacter made by the persons or entities released under this Agreement or any person or persons representing them, other than those expressly made in this Agreement. 9. MOAIFICATIONS MUST BE IN t'VRITING .This Agreement may not be modified in any manner, nor may any rights provided for herein be waived, except by an instrument in writing signed by each party. 10. AGREEMENT BINDING ON SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall inuxe to the benefit of the Patties and their respective successors and assigns. ll. SEVERABIL,ITY Should any term or any provision of this Agreement be declared invalid by a court of competent jurisdiction, the Parties agree that all other terms of this Agreement are binding and have full force and effect as if the invalid portion had not been included. 12. MULTIPLE ORIGINALS Tt ~is understood and agreed tltat this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 13. HEADINGS ARE FOR REFERENCE ONLY The headings contained heroin are for convenience and reference only and are agreed, in no way, to define, describe, extend or limit the scope or intent of this Agreement or its provisions. 3 BB 39Gd 3'l"'tIA2Rl3~i d0 AlI~ 058£Z6L068 BE~tt b00Z/60/80 14. 'TEXAS LA'W APPT.IES This Agreement shall be performable and enforceable in TCerr County, Texas, and shall be construed in accordance with the laws of the State of Texas. IN WTINESS WHEREOF, this Agreement has been executed by the Parties as of the date set forth. TT~TE CYTY OF KE1212VTirJT.E, TEXAS By: Billie D. Snow Ron K. Patterson, City Manager Date: Date: Margaret Schneider Snow Date: 4 60 39Vd 31~IR21N3~1.~0 AlI~ 098EZ6L0E8 BE:ti 4002/60/80 December 6, 2005 Dr. John Davis -Chairman Kerrville-Kerr County Joint Airport Board 800 Junction Highway Kerrville, Texas 78028 COPY RE: Resolution ar reconciliation of fencing dispute between Airport and Billy and Maggie Snow Dear Gentlemen: On Juty 1 I, 2004, I discovered that our entire north property line consisting of some 704 I.F of deer-proof fencing had been removed in order to facilitate part of the Airport fencing project. There was no prior notification or request, nor consideration as to whether there was livestock, exotics or other animals that were presently contained. The timing and chronological events that followed are documented in the enclosed documents. We attempted to resolve this matter in what we considered a rational and prudent manner. Through Mr. Ron Patterson, several items of concern were resolved. However, the agreement that was reached verbally had been appended with severe( "legal issues" when reduced to writing as presented. Ia attempting to resolve these issues, Mr. Patterson failed to respond to my request to discuss these "legal issues" after I hand delivered the fax copy received from Mr. Tom Pollard concerning "Texas Statutes" on fencing. This was oa or about August 9t6, after the last fax from Mr. Patterson. It is my understanding that the materials that could Gave gone to resolving a major portion of this issue were not retained in the last fencing contract on the Airport project, and are no longer available. The issue regarding proper notification and responsibility of replacing the "new north fence" that is no longer on the property line, should it ever be moved or altered again has not been resolved. To date, we have incurred just under x500 in Iegal fees relative to this issue. REAL E57ATE APPRAfSALS 291 EARL GARRETT, SUITE 240 i ~~~~~~~~~~ ~l~~s COI`1SULTING 8 SOFTWARE KERRVILLE, TEXAS 78428 PHONE (830} 257-2177 Dr. John Davis -2- December 6, 2005 Due to the manner in which we have been treated, our position is to go back to our original demand that I 1) our west line adjacent to the Airport be replaced with comparable chain-link fencing, similar to the rest of the Airport boundary. This constitutes a total distance of 1,342.28 LF per our plat. That this fencing be placed on the property line so that it is a common boundary fence (waiver will be signed for the one (1 ~ foot overhang). 2) that the Airport Board agree in writing that if the north fence with is currently one (1') foot inside the Airport Boundary is ever moved or altered, that the Kerrville-Kerr County Airport is responsible for replacing our anginal fence, and 3) that we be allowed to recover legal fees. Respectfully, 1~ ~ Billy D. Sdpw, ARA, MAI MargareNSchneic~er Sryow, ARA Property pdm~ er Property Owner t attachments REAL ESTATE APPRAISALS 231 EARL GARRETT, SUffE 200 'C+Ed~C~p~?Ca~tS~y ~C9~. CONSULTiNQ & SOFTWARE KERRVILLE, TEXAS 78028 PHONE (8301 257-2777 ,.. ;; ~ _ ' i~arch;23, 2Q06 ' Mr and Mxe:'Billy Snow :" '; TexAp~razs~, InG: _ , - . 2~t l;a%l'Garrett,`Suit'e.200" , . Kerrville„TX:78028 . Dear Mr, and Mrs. Snow: - Thapk you for your December 6; 2005, letter in which you list your requests of the City, ' and for,our"meeting of March 7, 2006; during which yqu clarified,your. position. T have "attetnptad fo cousicier your requests from several'~serspectives, It is my- ' Yesp'onsiblityto oonsidertlte.legal issues; the'appropriate use.ofpubhc fiinds,"and-our ` important rgle as,good ngiglbor._ ~s, such, I have received advico,&om, t11e Crt~ Attot7iey, " aild the Airport, Manager: We have reach"ed the-following conclusions; from whieh~X~will:• make an offer to you as described below: ;. First, there is no, evidence that the City of Kerrville; has in the past or is currently, t damaging your property through its actions to build a,fence. Nor have I seen any evidence that the City las treated you unfairly. In fact, ally evidence suggests that '" representatives of the City have exceeded reasonable attempts to resolve the matter. Further; tli'ere'is no practical or reasonable way for the City or the Airpott to address your j concern about deer crashing, through the.west fence. Any efforts on our part as described i in aurmeeting only serve-to create a potential prgblem.for.others, or create a precedent for an inappropriate use of public funds. In diYact response to your specific, requests. as described itl,'your December 4 letfei•: t 1. `The Airpert has rio aced fPr_a fene~ (west property line) along our comtngn ", liqunclary;llne; and,so wil`liiot absorb thgftill burden of replacing it,. 2.. We"wi11 agree.tQ dxatt, an agreemgnt to clarify that w.e wilt, upon remgval of the- ndrth' f~rice;;replaee, it,~t 4tii` cost:" 3. We. will not pay your leg2P fees. In an effort to finally resolve the matter, I make the following proposal. While we will not take-action. to constrµcti'the; vudst-f~n~e, you as adjoining prQp~rty owner certainly have tF1a ability to-da sa. TbeIieve it would be proper for tl~, Aiipprt, as, adjoining', ~. ., 800 Jt1NCT.lON Hf'C~HWAY • K~RRVILLE, TEXAS 7802,$,5069 • $30/257-8000 TH€ otnr ov- . `' - pfQp~rCy owtler; tQ parjtei~ato ut tlig post o~`a fextco that you constru~l along pur conjtiion.. ` bouridaty. ~I'offai' to paarticipate rirxhe Cost of yqur fence constrgetron projeat:wrth:cextain cottditions: ' h1 ordei for the AirporC to parncipate, the fence mast be built.to tl~e same specrficatiot as' "the north fence: , We are happy to provide those specifications to you; " W e estimate the total-cost of tkte west fence project to be approximately $40,000: In order to provide ' some certainty to the. matter,l will offer that the Airport.will contribute no more than $20,000 toward the construction of a fence along our common boundary line, said fence being built to our specifications. You will need to starGcoristruction on the fence project within one year, of your decision fa accept ths,proposal: I am asking you to make the decision to accept or reject this proposal within 30 days of this letter. Twill look-forward to your response; and upon receiving a positive response; will draft an agreement. accordingly. Inthe meantime, we will draft, the agreement to accomplish your requeSYdescrlbed in Point 2 above. Sincerely, ,Paul A. Hofmann City Manager Enclosure: Letter dated December 6, 2005, fXOm Mr. and Mrs. Billy Snow ~. i ~. SOOJUNCTiONHIGHWgY ~ KEREt~[kLLE,TEXA378028=5064 (B30}257.800q ~,:_ `- ~A",,"_ " ~:~ . ;~,, , ,. , April 20, 2006 Mr. Paul Holman City Manager City of Kerrville 800 Junction Highway Kerrville, Texas 78028-5069 RECEIVED CITY OF KERRVILLE AD NI TRATION DATE• Y:. ~~-" Dear Mr. Hofmann: We are in receipt of your letter dated March 23, 2006. With regard to item 2, we look forward to receiving the draft of the agreement to clarify that the City of Kerrville will, upon removal of the north fence, replace it at their cost. As requested in our meeting of March 7, 2006, we would also like a clause which would require the City of Kerrville to notify us in advance if any fencing rework is intended or needed. We both continue to be frustrated due to statements such as your second paragraph (paraphrased) "that you do not think that we have been damaged". It has been your (meaning the airport) actions that have created the additional pressure on our rear orwest line fence by deer primarily. While the existing fence is in need of repair, it had been adequate to contain livestock or animals until the additional pressure was created by your placement of the new ten (10') foot chain link fencing parallel to this line in close proximity. We had previously agreed with the City to utilize the eight (8') foot chain link fencing that was to be replaced in your Airport Project. This resulted in having a fence that was considerably heavier duty than net wire or "tite loc" fencing that deer could not run through. We had estimated this fencing would run $18 to $19 per running foot new. Allowing for a 40% depreciation, the material offered had a value of approximately $15,000 and would have solved the problem. For the City to now offer as a resolution to this problem that we each spend $20,000 or $40,000 total (approximately $30 per linear foot) to build a new fence "to your specifications", in our opinion, is unacceptable. This flies in the face of any logic, common sense, or actions by prudent individuals. On the surface, it appears that if you make it cost prohibitive, the issue will go away. We cannot help but wonder if the City Council and County Commissioners are in agreement with your offer, or their respective shares of the costs? Typically, in Texas, adjoining land owners participate in the cost of common fences. When one party desires a type of fencing which costs considerable more than is typical, that party bears the additional costs. In this instance, you are that party requiring the above typical fencing and thus, should bear the atypical cost. Anew eight (8') foot deer-proof fence would cost approximately $8,000 to $9,000. i REAL ESTATE APPRAISALS 231 EARL GARRETT, SUITE 200 7exAppraise, I11C. CONSULTING s SOFTWARE KERRVILLE, TEXAS 78028 PHONE (830) 257-2177 Mr. Paul Hofmann -2- April 21, 2006 My wife and I had agreed to incur the cost of erecting the eight (8') foot chain link fencing that was part of the original agreement. Our estimation of this cost was approximately $4,500, or about half of the cost of a typical 8' deer-proof fence. We are not sure where this leaves us. We had agreed to the meeting of March 7'", at the Airport Board's request, to see if this issue could be resolved. We are willing to participate in the cost of replacing this section of fencing to the degree that our cost does not exceed one-half the cost of replacing what was previously there. However, due to the change in additional pressure on this fence and "your" requirements for airport security, we feel that the fencing should at minimum be eight (8') foot chain link. We look forward to your timely response. Incerely, ~i,`o ~ p 1 ~-' Billy D. Sn w Marg et Sch eider Snow Property O ner Property Own r /~ REAL ESTATE APPRAISALS 231 EARL GARRETT, SUITE 200 7eXAppraise, I~V• CONSULTING ~ SOFTWARE KERRVILLE, TEXAS 78028 PHONE (830) 257-2177