ORDER NO. 28678 COURTHOUSE EASEMENT Came to be heard this the 14th day of June 2004 with a motion made by Commissioner Nicholson, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0, a 10 foot wide easement across the courthouse property from Main Street to Jefferson Street for the purpose of placing 2 conduits in a common trench with Kerrville Public Utility Board. ~ ~'C~7 y COMMISSIONERS' COURT AGENDA REQUEST ..~ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jay Burton ~j~ OFFICE: Kerrville, Tx. l 1:3r MEETING DATE: June 14, 2004 TIME PREFERRED: Air PM SUBJECT: (Please Be Specific) Time Warner Cable proposes to place 2 conduits in common trench with Kerrville Public Utility Boy+rd in said easer.:ent. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING COURT: Jav Burton ESTIMATED LENGTH OF PRESENTATION: 5 minute 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, Government Code, is as follows: Meeting schedule 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 Rules Adopted by Commissioners' Court, Court Order No. 25722. '~ CABLE Easement and Memorandum of Agreement [To be signed by Owner, notarized, and recorded.] 1. Grant of Easement In consideration of $1, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Kerr County (Owner) grants Texas Cable Partners, L.P., d.b.a., Time Warner Cable (Operator), its successors and assigns, anon-exclusive easement on Owner's property and all its improvements (as described in the attached Exhibit A). This easement is for the purposes of Grantee and its affiliates and contractors constructing, installing, operating, maintaining, upgrading, repairing, replacing, and removing a system (including wires, poles, conduits, pipes, antennas, switch equipment, software, central processing units and other facilities and equipment (Communications System) for the delivery of telecommunications services to the Property. Grantor will also provide reasonable space for Grantee equipment. Owner reserves the right to grant other easements on the Property, but will not allow other easements to cause unreasonable interference with this easement granted to Grantee. Grantee has no right to apportion the easement or to permit access to the Property by third parties except as permitted above. Grantee will have and hold the easement, together with every right and appurtenance connected to it, so long as Grantee holds a franchise from the appropriate franchising authority to provide Entertainment Services in the area where the Property is located. When that period expires, this easement will terminate after an additional 90-day continuation period solely for the purpose of allowing Grantee to remove the Communications System. P21S~111S'iTt`t9 ~r,&}~teg--A6 ~• ell as tlie'* cn~PPCCnrc and acc~S againC V ry~n~a.~LO rlaimc a ~ - ~'~. This easement and other rights granted to us run with the title to the Property and are binding on Grantor and on all subsequent owners of the Property, as well as on others who may claim an interest in the Property. Dated: June 9, 2004 , By: Jay Burton ~ ~iy Title: Technical Supervisor State of ) ss: County of ) This instrument was acknowledges befgre me on the day of - LNG, , 9.99-'' , by OS2s1~~0-~ ~- on behalf of r '' Notary Public, State of ao~,a~P~ec Valens Robbins Notary public NT~ * ~TATE OF TEXAS 9~~OF~P MY COMM. EXP. 04-04-07 Date Commission Expires: Exhibit A Property Description [Provided by Owner.] [Provide a legal description and any title exceptions for each property. Be sure to include the following information for each property: 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 degrees, 12 minutes, 41 seconds east, 5 feet from the north corner of said 3.93 acre tract of land, Thence, S, 45 degrees, OS minutes, 56 seconds West, 414.98 feet to a final point. 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 B, attached hereto and made a part hereof for all purposes. See Map Attached: Map provided by KPUB. Time Warner Cable will be co-located in common trench with KPUB. One 4 inch conduit and one 3 inch conduit will be placed in the trench. Name of building: Kerr County Courthouse Address (including city, county, and state): 700 Main Street Kerrville, Texas 78028 Kerr County Names of tenant businesses: N/A Owner phone number: 830-792-2200 1- Exhibit B ~\ ~~~~~ ~~~~. ~•. o. s `. ~So ~\ ~~. ~'\~'~ ,, ~. ~'r~o •~a,0 ,• a °~~1 %, /~~' a°'La 5 NOTES: 1. BEING A DESCRIPTION OF A 10 FOOT WIDE EASEMENT AND RIGHT-OF-WAY, SAME BEING 5 FEET EITHER SIDE OF THE CENTERLINE. EASEMENT [iRAW~NG c KERR COUNTY COURTHOUSE ~i.ECy DR 03/03/04 '700 MAIN STREET S°°''N~-~ X2309577 ~i s~°!r sr~ 5a~ e~~vr