Deeds - 6/8/2012 - Noah Speer - 3985 Bk Vv1 Ps
00004219 OR 1026 766
UTILITY EASEMENT CITY SECRETARY FILE
ID # 3°18s 3aeC0
Project No. 08-10-26; Tax ID No. 3850-004-0-00100 & 3850-004-0-00200
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: May 14, 2012
Grantor: Noah Q. Speer and Patricia I. H. Speer
Grantor's Mailing Address: 1614 Pin Oak Drive
Huntsville, (Walker County), Texas 77340
Grantee: THE CITY OF HUNTSVILLE, a home-rule municipal corporation of the State of
Texas.
Grantee's Mailing Address: 1212 Avenue M, Huntsville (Walker County), Texas.
Easement Property: Being a strip of land ten (10.00) feet in width, containing 0.024 acre, more or
less, lying and being situated in the Thomas Gibbs Survey, A-220, Walker County, Texas upon,
over and across a called 0.248 acre tract conveyed to Noah Q. Speer and wife, Patricia I. H. Speer
by deed recorded in Volume 28, page 304, Official Public Records, Walker County, Texas, and a
called 0.75 acre tract conveyed to Noah Q. Speer and wife, Patricia I. H. Speer by deed recorded
in Volume 372, page 678, Deed Records, Walker County, Texas, said 0.024 acre, being more
particularly described by metes and bounds in Exhibit "A" and shown on a Plat in Exhibit "B",
attached hereto and incorporated herein for all purposes.
Easement Purpose: The right to construct, reconstruct, operate, maintain, inspect, test, repair,
alter, replace, move, remove, change the size of, and abandon in place, utility lines and
related facilities (collectively, the "Facilities"). Together with all other rights necessary or
convenient for the enjoyment of the rights, privileges and easement hereby granted.
Consideration: ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt
and sufficiency of which are acknowledged by Grantor.
Grant of Easement: Grantor, for the Consideration and subject to the Reservations from
Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and
Grantee's heirs, successors, and assigns an easement over, upon, across and under the
Easement Property for the Easement Purpose, as well as to use the surface and subsurface
thereof in any lawful manner that shall be deemed necessary and desirable by Grantee,
together with all and singular the rights and appurtenances thereto in any way belonging
(collectively, the "Easement"), to have and to hold the Easement to Grantee and
Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's
heirs, successors, and assigns to warrant and forever defend the title to the Easement in
Grantee and Grantee's heirs, successors, and assigns against every person whomsoever
lawfully claiming or to claim the Easement or any part of the Easement, except as to the
Reservations from Conveyance and Exceptions to Warranty, to the extent that such claim
arises by, through, or under Grantor but not otherwise.
Page 1 of 4
B k Val P
00004219 OR 1026 767
Terms and Conditions: The following terms and conditions apply to the Easement granted by this
document:
1. The Easement is appurtenant to, runs with, and inures to the benefit of all or any
portion of the Dominant Estate Property, whether or not the Easement is referenced or described
in any conveyance of all or such portion of the Dominant Estate Property. The Easement is
nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's heirs,
successors, and permitted assigns.
2. The duration of the Easement is perpetual.
3. Grantee's right to use the Easement Property is nonexclusive, and Grantor
reserves for Grantor and Grantor's heirs, successors, and assigns the right to use all or part of the
Easement Property in conjunction with Grantee as long as such use by Grantor and Grantor's
heirs, successors, and assigns does not interfere with the use of the Easement Property by Grantee
for the Easement Purpose, and the right to convey to others the right to use all or part of the
Easement Property in conjunction with Grantee, as long as such further conveyance is subject to
the terms of this Easement and does not restrict or limit rights hereby granted.
4. This easement, and Grantee's rights hereunder, are subject to all prior easements,
reservations, grants of other rights, restrictions and other encumbrances and matters now of
record and/or evident on said lands or otherwise made known by Grantor to Grantee.
5. Grantee's use of said Easement Property shall not unreasonably interfere with
Grantor's use of the land herein described or adjacent lands, however, Grantor shall not
construct, nor permit to be constructed or erected, any house, building, or other structure, within
the Easement Property without the express prior written consent of Grantee, and Grantee shall
have the right to remove or prevent the construction of any structure without reimbursement to
Grantor, Grantor's successors, tenants, assigns, or licensees. Grantor reserves the right to erect
fences across and upon the right-of-way provided that such fences will not injure or interfere
with Grantee's rights and provided that such fences shall have gates, openings, or removable
sections which will permit Grantee access to all parts of the Easement Property.
6. Improvement and maintenance of the Easement Property will be at the sole
expense of Grantee. Grantee has the right to eliminate any encroachments into the Easement
Property; provided however, All matters concerning the Facilities and their configuration,
construction, installation, maintenance, replacement, and removal are at Grantee's sole
discretion.
7. Grantee shall restore the surface of the ground to the same or similar condition as
reasonably feasible which it was prior to initial installation of the Facilities and, in the event of
future repair, replacement, inspection or maintenance work, shall restore the surface of the
ground likewise.
8. Grantee shall not cut, nor in any way damage, any timber, regardless of age on
Grantor's lands adjacent to said Easement Property, except that Grantee shall have the right to
cut and/or remove all trees, growth, undergrowth, and other obstructions that, in Grantee's
judgment, may injure, endanger, or interfere with the exercise by Grantee of the rights and
privileges granted to it in this Easement, and Grantee shall not be required to reimburse Grantor,
its successors assigns, tenants, or licensees for such action.
9. For erosion control purposes, the easement rights granted herein to Grantee shall
also include the right at any time in the future to add, construct, maintain, repair, or replace
concrete, rock rip rap or other improvements to protect the Facilities within or adjacent to creeks,
gullies, and other natural or man-made water drainage courses, whether located within the
Easement Property or upon Grantor's' adjacent lands.
10. This Easement may be executed in any number of counterparts with the same
effect as if all signatory parties had signed the same document. All counterparts will be construed
together and will constitute one and the same instrument.
Page 2 of 4
Bk VD1 Ps
00004219 OR 1026 768
11. Binding Effect. This Easement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
12. Choice of Law. This Easement will be construed under the laws of the state of
Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in the county or
counties in which the Easement Property is located.
13. Further Assurances. Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts necessary or
appropriate to perform the terms, provisions, and conditions of this Easement and all transactions
contemplated by the same.
14. Integration. This document contains the complete Easement rights granted and
cannot be varied except by written agreement of the parties. The parties agree that there are no
oral agreements, representations, or warranties that are not expressly set forth in this Easement.
15. Legal Construction. If any provision in this Easement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among
the parties, the unenforceability will not affect any other provision hereof, and this Easement will
be construed as if the unenforceable provision had never been a part of the Easement. Whenever
context requires, the singular will include the plural and neuter include the masculine or feminine
gender, and vice versa. Article and section headings in this document are for reference only and
are not intended to restrict or define the text of any section. This Easement will not be construed
more or less favorably between the parties by reason of authorship or origin of language.
16. Notices. Any notice required or permitted under this Easement must be in writing.
Any notice required by this Easement will be deemed to be delivered (whether actually received
or not) when deposited with the United States Postal Service, postage prepaid, certified mail,
return receipt requested, and addressed to the intended recipient at the address shown in this
document. Notice may also be given by regular mail, personal delivery, courier delivery,
facsimile transmission, or other commercially reasonable means and will be effective when
actually received. Any address for notice may be changed by written notice delivered as provided
herein.
17. Recitals. Any recitals in this document are represented by the parties to be
accurate, and constitute a part of the substantive Easement.
18. Considerations. In exchange for this easement the City of Huntsville will provide
and/or perform the following:
a) Plant twelve (12)three (3) gallon size Cherry Laurel or similar type shrubs at
eight(8) foot spacing along the back side of the ten (ten) foot wide utility easement;
b) Remove and rebuild approximately one hundred and three (103) linear feet of the
existing four(4) foot high cyclone fence located on the back side of the utility
easement;
c) Remove and replace the existing driveway to the backside of the ten (10) foot
wide utility easement allowing for a five (5) foot wide section at a maximum of two
(2)percent cross slope;
d) All cedar trees shall be cut in eight (8) foot- six (6) inch lengths and stored on site
for owner use; and
e) Remove and stump grind all remaining trees located within the ten (10) foot wide
utility easement.
f) The City of Huntsville will be responsible for removal and cleanup of a 36" Elm
tree located on the edge of said easement for a period of one (1) year after acceptance
of the public improvement if the tree dies.
Page 3 of 4
B k Vol Ps
00004219 OR 1026 769
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
presents to be executed by its duly authorized representative this 5 day of
, 2012
Grantor(s):
Noah Q. Speer
ateiez, .4.0/0
• /
Patricia I. H. Spee
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF Usp cANke_c- }
BEFORE ME, a Notary Public, on this day personally appeared Noah Q. Speer and
Patricia! I. H. Speer, known to me to be the persons whose names are subscribed to the foregoing
instrument and acknowledged to me that they executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
, 2012.
4116•41316, -,184.-
Notary Public, State o exas
4
•
Return to Grantee's Address: CHNSTY SCHRAEDER
• -
• ..4„ NOTARY PUBLIC :
City of Huntsville, Texas my comtrSton:TEOExpitieF TEXAS
1212 Avenue M
Huntsville, Texas 77340
Page 4 of 4
ELF; Va1 F•�
00004219 OR 1026 770
CITY OF HUNTSVILLE,TEXAS
Public Works - Surveying
448 State Hwy. 75 North
Huntsville, Texas 77320
THE STATE OF TEXAS §
COUNTY OF WALKER §
I,Leonard E. Woods, Registered Professional Land Surveyor No. 2524,do hereby certify that the
following field notes represent a survey made on the ground of the following described tract or parcel of
land located in Walker County, Texas. Coordinates and bearings herein are referred to the Texas
Coordinate System of 1983, Central Zone and are based on the position of National Geodetic Survey
(formerly known as the U. S. Coast& Geodetic Survey) Primary Airport Control Station(PACS)
monument designated"T39 A"having published NAD 83 (1993)coordinates of N= 3,128,437.762
meters and E= 1,154,289.433 meters. Distances herein are U. S. Survey Feet in"Grid"units and may be
converted to "Geodetic Horizontal"by dividing by a combined scale factor of 0.99988.
PROPOSED 10 FOOT WIDE UTILITY EASEMENT(0.024 AC)
UPON
NOAH Q. SPEER and wife,PATRICIA I. H. SPEER PROPERTY
THOMAS GIBBS SURVEY,A-220, WALKER COUNTY, TEXAS
Being a strip of land ten(10.00)feet in width, containing 0.024 acre of land, situated in the
THOMAS GIBBS SURVEY, Abstract No. 220, Walker County, Texas, and being out of, upon and a
part of a called 0.248 acre tract described in a Deed from Shelby Glenn Welsh, et al to Noah Q. Speer
and wife, Patricia I. H. Speer dated September 29, 1986 recorded in Volume 28, page 304, Official
Public Records of Walker County, Texas, and a called 0.75 acre tract described in a Deed from Theresa
A. Welsh to Noah Q. Speer and wife, Patricia I. H. Speer dated February 27, 1981 recorded in Volume
372,page 678,Deed Records of Walker County, Texas, said 0.024 acre being described by metes and
bounds as follows:
BEGINNING, at the north corner of said Speer 0.024 acre tract, found a 3" diameter concrete
monument for corner,having coordinates of N= 10,257,473.33 feet and E=3,805,758.14 feet, at the
intersection of the southwest right-of-way line of State Highway No. 190 and the southeast right-of-way
line of a City-maintained street known locally as Dogwood Drive;
THENCE S 56°44'34"E,with the northeast line of said Speer 0.024 acre tract and the southwest
right-of-way line of State Highway No. 190, at 52.31 feet pass a 5/8" iron rod found for the east corner
of said Speer 0.024 acre tract and the north corner of said Speer 0.75 acre tract, continuing with the
northeast line of said Speer 0.75 acre tract and the southwest right-of-way line of State Highway No.
190, a total distance of 104.06 feet to a point for the most northerly east corner of said Speer 0.75 acre
tract and the north corner of a called 0.50 acre tract described in a Deed from Richard Alan Belovsky to
Beth Ann Belovsky dated January 31, 2005 recorded in Volume 678, page 15, Official Public Records,
from which a 27" Sweet Gum(found) bears S 49°56' E 30.7 feet and a 5/8" iron rod(found) bears
S 33°36'46" W 0.22 foot;
THENCE S 33°36'46"W, with the most northerly southeast line of said Speer 0.75 acre and the
northwest line of said Belovsky 0.50 acre tracts, a distance of 10.00 feet, to a point for the south corner
of the herein described 0.024 acre, from which a 1-1/2" iron pipe found for a reentrant corner of said
Speer 0.75 acre tract and the west corner of said Belovsky 0.50 acre tract, bears S 33°36'46" W 199.61
feet, said iron pipe being witnessed by a 28" Sweet Gum (found)bearing S 10°E 32.0 feet;
THENCE N 56°44'34"W,parallel with the northeast line of said Speer 0.75 acre and 0.248 acre
tracts and the southwest right-of-way line of State Highway No. 190, a distance of 104.05 feet to a point
in the northwest line of said Speer 0.024 acre tract and the southeast right-of-way line of Dogwood
Drive, from which a point for the west corner of said Speer 0.024 acre tract and the most westerly north
corner of said Speer 0.75 acre tract, bears S 33°34'33"W 199.04 feet, thenceforth a 5/8"iron rod found
for the south corner of said Speer 0.024 acre tract and a reentrant corner of said Speer 0.75 acre tract,
bears S 56°12'42"E 52.16 feet;
EXHIBIT "A"
Page 1 of 2
• .
10 Ft.wide—0.024 Ac.U.E. Page_
s
Noah Q.Speer and wife,Patricia I.H.Speer B k Ai a 1 P
T.GIBBS SUR.,A-220 00004219 OR 1 026 771
Walker County,Texas
THENCE N 33°34'33"E,with the northwest line of said Speer 0.024 acre tract and the southeast
right-of-way line of Dogwood Drive,a distance of 10.00 feet to the POINT OF BEGINNING.
NOTES:
1. For further information, see Plat of Proposed Utility Easement labeled Exhibit"B"prepared
concurrently with the legal description herein.
2. All distances to witness trees are to the face of tree.
Surveyed: July 2011
Signed
Leonard E. Woods
Reg. Prof. Land Surveyor No.2524
Y:1SURVEYORSTROJECTS1C0H11■UE 081026\081026_21.ins.doc
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LEONARD E.WOODS
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EXHIBIT "A"
Page 2 of 2
•
11 y,� 1
o�
\ r, ,y. POINT OF BEGINNING
1 '40 Fnd 5" 4 Conc. Mon
�. N- 10,257,473.33 Ft. 'V z.
N E- 3,805,758.14 Ft.
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o ri Q
) 0 0 V At 52.3! pass Fnd 5/8"I. rod ti0
C. a, s / ,� \ <� for east corner SPEER 0.248 Ac. tract ,
co P 1�` / -o , Pout for corner 9O
0�J / Q Flu Fnd 2T 3G S4956'E307
'y' P`• �s s� Fnd 5/8•I. rod S 33•3646• W 022
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/ Line Table $;
NOTES= V /
Line No. Bearing Length
I. Unless otherwise noted, corners of the proposed 10 foot wide Utility / LI S 56°44'34" E 104.06
Easement are not monumented.
L2 S 33°36'46' W 10.00
2. See Metes and Bounds description prepared concurrently herewith. /
L3 N 56°44'34" W 104.05
3. All distances to witness trees are to the face of tree.
L4 N 33°34'33" E 10.00
Coordinate System, Basis of Bearings and Linear Units'
L5 8 56°12'42" E 52.16
Coordinates and bearings hereon are referred to the Texas Coordinate System of
1983, Central Zone, and based on the position of National Geodetic Survey (formerly
known as the U. 8. Coast d Geodetic Survey) Primary Airport Control Station (PACS)
monument designated "T39 A" having published NAD 83 0993) coordinates of
N- 3,128,437.762 Meters and E. 1,154,289.433 Meters.
Distances shown hereon are U. 8. Survey Feet in "GRID' units and may be converted C")
to "Geodetic Horizontal' units by dividing by a combined scale factor of 0.99988. CO
Q
I, Leonard E. Woods, certify that this plot represents a survey made Z
on the ground under my supervision and that all corners, unless otherwise
noted, are 1/2" iron rods with 2" diameter aluminum cap stamped
"City of Huntsville, L. E. Woods RP. S. 2524" (St and Cor r).
Signed*
Leonard E. Woods
Reg. Prof. Land Surveyor No. 2524
� OF .7-4, July I, 2011 PLAT OF SURVEY OF
s
PROPOSED 10 FOOT WIDE UTILITY EASEMENT
7� * d� UPON
Leonard E. Woods NOAH SPEER and wife,
2524 ?'' likoor PATRICIA I. H. SPEER PROPERTY
(41..,.°P.f s s ∎° pQ` City of Huntsville
O SUR�i. Public Works - Surveying CITY OF HUNTSVILLE
448 State Hwy. 75 North THOMAS GIBBS SURVEY, A-220
Project No.Texas
08-10-26 7-260 WALKER COUNTY, TEXAS
Project No. OS-10-26
Y'\SURVEYORS\PROJECTS\COHI I\UE\081026\081026-21.DWG JULY 2011
EXHIBIT "B" SCALE I" = 60 FEET