COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY TAE COURT. f.,.. MADE BY: Pat Tinley OFFICE: Coun Jud ~ ~~ MEETING DATE: April 12, 2004 TIME PREFERRE SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of Electric Line Easement and Right-of--Way and authorize the County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: County Judge 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: THIS REQUEST RECEIVED BY: THIS REQUEST RECENED 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 you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. C3~G3G3~'I~LC~[~ March 24, 2004 ~_ pMC3~~C~ M4~d041~ C3OL^QG~D ,4 ® 2250 Memorial Blvd. P.O. Box 294999 Kerrville, Texas 78029-4999 830-257-3050 FAX 830-257-8078 Judge Pat Tinley Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 RE: ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY Dear Judge Tinley: Please find enclosed for your review (3) three copies of an easement required for utility construction at the Hill Country Youth Exhibit Center in Kerrville, Texas. This work will serve Texas State Arts and Crafts Educational Foundation. If the proposed easement meets with approval, please have (2) copies signed 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, ~ • ~~c~ David R. Cowen Lead Engineering Technician DRC/nlm Enclosures (3) EASEMENT AND RIGHT-0F-WAY THE STATE OF TEXAS § COUNTY OF KERB § GRANTOR: KERR COUNTY GRANTEE: KERRVILLE PUBLIC UTILITY BOARD AND KERRVILLE TELEPHONE COMPANY WO#2000240 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 Thomas Minter Survey No. 110, Abstract No. 248, and the Sam Wallace Survey No. 360, Abstract No. 359 Kerr County, Texas, conveyed by Deed dated October 11, 1955, Recorded in Volume 98, Page 588, 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 deterrnine, 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 Code/American 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 lawfully claiming or to claim the Easement or any part thereof. EXECUTED THIS~f~DAY OF ,~,. ~ , 20 D` . GRANTOR: Kerr County __~ - --_._ SignaCure: I ~~ P i ey, Kerr County Judge ACKNOWLEDGMENT FOR CORPORATIONS THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me this ~ day of Pat Tinley, Kerr County Judge, for and on behalf of Kerr County. ~~~Sg10NElgs c OG O ~~~ ~ ~~ ~~F99 ~~Q `~OUNT~ 20~; by ('~,,~~ tare of Texas ~a~r~~~ ~-~,v~~, Typed or pri to d name Notary commission expires: EXHIBIT A Being the description of a 10.0 feet wide Easement and Right-of-Way, same being 5.0 feet either side of the centerline described as follows: BEGINNING at a point being S. 52° 35' W., 70.0 feet and S. 42° 24' T' E., 672.7 feet from a property comer defined as S. 52° 35' W. and S. 17° 44' W., said point being in the southwest right- of-way of Texas State Highway No. 27; THENCE, S. 47° 34' W., 573.6 feet to a final point in the north right-of•way of a county road identified as Riverside Drive Exhibit B S. 17D 44' W., 296.0'. S. 52D 35' W.,70.0'. Texas State Arts and Crafts Educational Foundation Campus KERR COUNTY VOLUME 98 PAGE 588 116.0 ACRES ~@ S' Kerr County +°'ss, ~~O Road and Bridge f ~sr. s~~ af~y9~ `~ s ~~~ ay2~ °•o• F s~~ KERR COUNTY VOLUME 98 PAGE 588 116.0 ACRES 10.0' WIDE CENTERLINE ~ UTILITY EASEMENT ~~~ O~ / ~ %~ FINAL POIN'i' ~8 J~ ~Q 42D 24' 7" ., 672.7' -BEGIN G POINT KERB COUNTY VOLUME 98 PAGE 588 116.0 ACRES HILL COUNTRY YOUTH EXHIBIT CENTER UT^L^TY EASEMENT °°°~ KERR COUNTY ~iwey o ~ X03/12/04 ~°0°"~' Kerrville Texas'None °'""`'° ~'"~ ga ~ ro c~1~',. ~,~ 'r a~~ 1 5• / ~~~ P ORDER N0.28597 EASEMENT AND RIGHT OF WAY Came to be heard this the 12t'' day of April 2004, with a motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 3-0-0 to Grant an easement and right-of--way required for utility construction at the Hill Country Youth Exhibit Center to serve the Texas State Arts and Crafts Education Foundation.