ORDER NO.31510
TELEPHONE COMMUNICATIONS EASEMENT FOR HILL COUNTRY
TELEPHONE COMMUNICATIONS, LLC EQUIPMENT CABINET
Came to be heard this the 9th day of November, 2009, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously
approved by a vote of 4-0-0 to:
Approve Telecommunications Cabinet Easement for equipment to be placed at rear of
Courthouse property with Hill Country Telephone Communications, LLC, subject to the
County Attorney approving the form of the Easement Agreement.
~ ,1 ~v
,3~5~ ~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Tinley OFFICE: County Jud ~'~
MEETING DATE: November 9, 2009 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on Request for Easement for
equipment placed at rear of courthouse property with Hill Country Telephone
Communications, LLC.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
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 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
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.
Page 1 of 1
Bill Williams
From: c_Robert Carey [rwcarey@hctc.coop]
Sent: Tuesday, November 03, 2009 1:22 PM
To: 'bwilliams@co.kerr.tx.us'
Attachments: Telecom Cabinet Easement Kerr Co.pdf
Dear Commissioner Williams,
This is the Telecommunications Cabinet Easement, which we discussed. This Easement will provide Hill
Country Telecommunications, LLC (HCT), with a location to place a highly secure "OCCAM Cabinet", in which all
of HCT Fiber Optic lines will be connected in one centrally located "Hub".
Thank you very much for your kind offer to present the document to the Commissioners' Court for
review and consideration.
Please contact me if you have any questions or in the event that the Commissioners' Court should
require any revisions to the document.
Respectfully,
Bob Carey
Hill Country Telecommunications
rwcarey@hctc.coo_ p
830-367-6288 Office
830-928-2065 Cell
11/03/2009
Return to: Dulan D. Elder, P.O. Box 64657, Lubbock, Texas 79464-4657.
TELECOMMUNICATIONS CABINET EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF KERR §
That KERB COUNTY, TEXAS, a political subdivision of the State of Texas, 700 East
Main Street, Kerrville, Kerr County, Texas 78028, herein called "Grantor", for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged and
confessed, to Grantor in hand paid by HILL COUNTRY TELECOMMUNICATIONS, LLC,
a Texas limited liability company, P.O. Drawer D, Ingram, Kerr County, Texas 78025,
hereinafter called "HCT", and for the further benefits accruing and to accrue to the remainder of
our property, have by these presents GRANTED, BARGAINED, SOLD and CONVEYED,
and by these presents do GRANT, BARGAIN, SELL and CONVEY unto HCT, its
representatives, successors and assigns, for its use as an easement for installation and operation
of a telecommunications equipment cabinet and related telecommunications equipment, the free
and uninterrupted use, liberty of passage in, along, on, over, upon and across a tract of land lying
and being situated in Kerr County, Texas, and being more particularly described as follows; to-
wit:
Being all of a certain twenty (20) ft. wide strip, tract or parcel of land containing
0.004 acre (171.0 sq. ft.) out of B.F. Cage Survey No.116, Abstract No. 106 in the
City of Kerrville, Kerr County, Texas; part of a certain four acre tract conveyed
from J.D. Brown to Kerr County by a deed executed the 18th day of October, 1856
and recorded in Book A No. 1 at Page 84 of the Deed Records of Kerr County,
Texas; and being more particularly described by metes and bounds as follows:
BEGINNING at a'/z" iron stake set in the northeast line of said four acre tract and
southwest right-of--way Line of Jefferson Street, an eighty (80) ft. wide public
street for the north corner of the herein described tract; which point bears 101.60
ft. 5.45008'55"E. from the north corner of four acre tract;
Page 1 of 3
THENCE, with the said northeast line of four acre tract and southwest right-of-
way line of Jefferson Street S.45°08'55"E. , 20.00 ft. to a %" iron stake set for the
east corner of the herein described tract;
THENCE; upon, over and across said four acre tract: 5.44°51'05"W. , 8.55 ft. to a
'/2" iron stake set at the northeast face of a concrete retaining wall for the south
corner of the herein described tract; N.45°08'55"W. ,along the northeast face of
said concrete retaining wal120.00 ft. to a '/z" iron stake set for the west corner of
the herein described tract; and N.44°5'05"E. 8.55 ft. to the PLACE OF
BEGINNING;
together with all rights of ingress, egress and regress at any and all times over adjacent property
of GRANTOR to accomplish the following purposes: constructing, reconstructing, repairing
and perpetually maintaining telecommunications and related equipment, which easement
includes at all times the right of ingress, egress and regress of motor vehicles, equipment,
supplies and personnel engaged or used in such construction, repair or maintenance.
The easement herein shall entitle HCT to the right to remove or repair any equipment
within such easements as may be determined by HCT, which shall thereafter restore such
premises, including improvements, paving, or surfacing necessitated by such removal or repair,
as nearly as practical to its condition previous to the removal or repair, at its sole expense. The
easement shall not be fenced or otherwise obstructed to the passage of vehicular traffic.
In order to assure the said HCT, its successors and assigns, continuing access and
enjoyment of said easement, the said GRANTOR does hereby expressly agree not to erect, build
or otherwise allow to be constructed any building or like permanent structure over the said
property heretofore described, and should such building or structure be erected, it is understood
that HCT shall have the right to remove said building or structure from the premises.
Page 2 of 3
TO HAVE AND TO HOLD the above described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging perpetually unto HCT, its successors
and assigns, to use the above described premises for so long as HCT uses the same for the
purposes herein granted.
WITNESS the execution hereof this ~ day of November, 2009.
KERB COUNTY, TEXAS
By:
at i ey, County Judge
THE STATE OF TEXAS §
COUNTY OF KERB §
This instrument was acknowledged before me on the `02 day of November, 2009, by
Pat Tinley, County Judge of Kerr County, Texas, on behalf of said county.
•fRSwRRN1RNRiNM~ANNAARNRNNN ~
,f`~~'~ BARBARA A. HOLMES/1.~lG~ij ~G~I Q ~~
MpC E~3 Notary Public, State of Texas
~~:`~` KKrvill~, T~
C:~Documems and Settings~Dulan Elder\My Documems\REG\Hi0 Country Telep}ane\Telecom Cabinet Easement.Kerr Co.wpd
Page 3 of 3
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SURVEY PLAT FOR A TWENTY (20} FT. WIDE TELEPHONE LINE
EASEMENT CONTAINING 0.004 ACRE (171 SQ. FT.) OF LAND, MORE OR
LESS, OUT OF B.F. CAGE SURVEY NO. I I6, ABSTRACT NO. I06 IN THE
CITY OF KERRVILLE, KERR COUNTY, TEXAS, PART OF A CERTAIN
FOUR ACRE TRACT CONVEYED FROM J.D. BROWN TO KERR COUNTY
BY A DEED EXECUTED THE 18~ DAY OF OCTOBER, 1856 AND
RECORDED IN BOOK A NO. 1 AT PAGE 84 OF THE DEED RECORDS OF
KERB COUNTY, TEXAS
SIDNEY BAKER STREET
80 FT. WIDE PUBLIC STREET
north corner ~
of four sore tray
FOUR ACRES
Brown to Kerr County
Book A No. 1 Page 84 driveway
10/18/1856
o.ao4 ACRE
(171 SQUARE FEET
Ul ` ~
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20 FT. WIDE TELEPHONE
LINE EASEMENT
>'~' asap
Lee C. Voelkel `9p~ Qe ~Sg1'
Registered Professional Land Surveyor No, 3909 ~:_y, Q °O.e."°°<
County Surveyor for Kart County, Texas ~'~.~ $ (~ Fl
w
f/.2 V
z
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ti
BEGINNBJG POQ1T bears 101.60 R
5.45°08'55"E. from the north
comer of four acre tract
SCALE: I "= 20'
LEGEND
Q set %" iron stake
~ 1 heoby certify that this plat and accompanying field notes description arc
~ accurate representations of the property shown and described hereon as
8 determined by a survey made on the ground under my direction and
( supervision, except rte survey was made to reestablish Patent Survey lines or
comers; and that all Property comers are as shown. {Bearing basis =True
north based on GPS observations)
Date Surveyed: September 8, 2009
September 17, 2009 `fh ~^
r> ~~~
t ~ j, cOxgQ,ya~
i..ly~~ rGtST~,PS,~~~
Dated this ! 7th day of September, 2009 <~,"~~° ~ T^ `~O$.~
~,.
FIELD NOTES DESCRIPTION FOR A TWENTY FT. WIDE
TELEPHONE LINE EASEMENT UPON, OVER AND ACROSS
THE KERB COUNTY COURTHOUSE LAND ALONG
JEFFERSON STREET IN THE CITY OF KERRVILLE, KERB
COUNTY, TEXAS
Being all of a certain twenty (20) ft. wide strip, tract or parcel of land containing 0.004 acre (171.0 sq. ft.)
out of B.F. Cage Survey No.116, Abstract No. 106 in the City of Kerrville, Kerr County, Texas; Dart of a
certain four acre tract conveyed from J.D. Brown to Kerr County by a deed executed the 18` day of
October, 1856 and recorded in Book A No. 1 at Page 84 of the Deed Records of Kerr County, Texas; and
being more particularly described by metes and bounds as follows:
BEGINNING at a''/z' iron stake set in the northeast line of said four acre tract and southwest right-of--way
line of Jefferson Street, an eighty (80) ft. wide public street for the north corner of the herein described
tract; which point bears 101.60 ft. 5.45°08'55"E. from the north corner of four acre tract;
THENCE, with the said northeast line of four acre tract and southwest right-of--way line of Jefferson
Street 5.45°08'55"E. , 20.00 ft. to a F/Z iron stake, set for the east corner of the herein described tract;
THENCE; upon, over and across said four acre tract: 5.44°51'05"W. , 8.55 ft. to a'/z" iron stake set at the
northeast face of a concrete retaining wall for the south comer of the herein described tract;
N.45°08'55"W. ,along the northeast face of said concrete retaining wa1120.00 ft. to a %i' iron stake set for
the west corner of the herein described tract; and N.44°51'05"E. 8.55 ft. to the PLACE OF
BEGINNING.
I hereby certify that these field notes and accompanying plat are
accurate representations of the property shown and described
hereon as determined by a survey made on the ground under my
direction and supervision, except no survey was made to
reestablish Patent Survey lines or comers; and that all property
corners are as shown.
(Bearing basis =True north based on GPS observations)
Date Surveyed: September 8, 2009
September 17, 2009
Dated this 17th day of September, 2009
~~.,~_
Lee C. Voelkel
Registered Professional Land Surveyor No. 3909
County Surveyor for Kerr County, Texas
Bd d~Q LAND SVRVEYING, PLLC • PHONE: 830-257-3313 212 CLAY STREET, KERRVILLE,TEXAS 78028

Brandon's Lawn Care
P.O Box 493
Ingram TX, 78025
Jan O5, 2009
Submitted to: Hill Country Telephone Company
Prop_ oral for: Landscape and Maintience for Fiber Cabinet
(30 gal wax myrtle)
Landscape plan:
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