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Deeds - 5/16/2012 - Jose and Maria Perez - 3976 Bk Vol Ps 00003638 OR 1 023 863 UTILITY EASEMENT CITY SECRETARY FILE Project No. 08-10-26; Tax ID No. 4700-134-0-00200 1D. # 3l1Co 4 3 911 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: Jose Juan Perez & Maria Rocio Perez Grantor's Mailing Address: 210 State Highway 190 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 0.025 acre, more or less, lying and being situated in the Pleasant Gray League, A-24, Walker County, Texas upon, over and across a called 0.365 acre tract conveyed to Jose Juan Perez and wife, Maria Rocio Perez by deed recorded in Volume 592, page 607, Official Public Records, Walker County, Texas, said 0.025acre, 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 Bk Vol F's 00003638 OR 1 023 864 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 Vol Ps 00003638 OR 1023 865 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 said utility easement the City of Huntsville will construct two (2) residential concrete driveways being 12 feet in width located at 210 State Highway 190 from the existing street up to the property line. The property owner must apply in person and sign for the approved Texas Department of Transportation (TxDOT) Driveway permit. IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these presents to be executed by its duly authorized representative this I Co-HA day of In/l Gwr. , 2012. ( ) ��-pre-o+ Grantors Jose Juan Perez Maria Rocio Perez Page 3 of 4 Bk V01 Pg 00003638 OR 1023 866 THE STATE OF TEXAS } } ACKNOWLEDGMENT COUNTY OF VI alter } BEFORE ME, a Notary Public, on this day personally appeared Jose Juan Perez and Maria Rocio Perez, 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 1,CoeFia day of 1 , 2012. Not. , 'ublic, Stag of TexClj".6 I uury� a°t►R I Return to Grantee's Address: :o,• -P�B'o JANET J. RIDLEY, ', *, �� .�= Notary Public City of Huntsville, Texas ,/�,,'. STATE O TEXAS I 1212 Avenue M I '4;;��oF +P My Comm Exp February I.2014 I Huntsville, Texas 77340 - - - - - - - - - Page 4 of 4 CITY OF HUNTSVILLE,TEXAS Public Works - Surveying 448 State Hwy. 75 North Huntsville, Texas 77320 VQ1 F.9 THE STATE OF TEXAS § E- 00003638 OR 1023 867 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(0.025 AC.) UPON JOSE JUAN AND MARIA ROCIO PEREZ PROPERTY PLEASANT GRAY LEAGUE,A-24, WALKER COUNTY, TEXAS Being a strip of land ten(10.00)feet in width, containing 0.025 acre of land, situated in the PLEASANT GRAY LEAGUE, Abstract No. 24, Walker County, Texas,and being out of,upon and a part of a called 0.365 acre tract described in a Deed from Jack E. Reeves and wife,Amelia A. Reeves to Jose Juan Perez and wife, Maria Rocio Perez dated October 9, 2003 recorded in Volume 592,page 607, Official Public Records of Walker County,Texas, said 0.025 acre being described by metes and bounds as follows: BEGINNING,at the northwest corner of said Perez 0.365 acre tract and the northeast corner of a called 0.29 acre tract described in a Deed from Thomas E. Blackard and wife,Pauline Blackard to T-P& B.D.R. Enterprises, Inc. dated April 28, 1992 recorded in Volume 167,page 633, Official Public Records of Walker County, Texas, said 0.29 acre tract being also described in a Release of Lien from T-P& B.D.R. Enterprises,Inc. to Irma G. Garcia and Miguel Reyes dated July 13,2002 recorded in Volume 520, page 448, Official Public Records, a point for corner in the south right-of-way line of State Highway No. 190,having coordinates of N= 10,259,203.66 feet and E=3,802,548.51 feet, from which a 3/4" iron pipe (found)bears S 56°05'00"E 3.69 feet and a 1"and 1/2" iron pipes, found set in concrete,bears S 52°30'54"E 3.70 feet; THENCE S 69°34'34"E,with the north line of said Perez 0.365 acre tract and the south right-of- way line of State Highway No. 190, a distance of 108.80 feet to the northeast corner of said Perez tract and a northwest corner of a called 3.707 acre tract described in a Deed from Credit Loans, Inc. to Iglecia Apostoles Y Profeta EF 2-20 Church dated October 1, 1995 recorded in Volume 264,page 851, Official Public Records, a point for corner from which a 2"iron pipe(found)bears N 40°55'54"E 1.04 feet; THENCE S 19°52'45" W, with the east line of said Perez 0.365 acre tract and a west line of said Church 3.707 acre tract, a distance of 10.00 feet to a point for the southeast corner of the herein described 0.025 acre, from which a 4"diameter fence corner post found for the southeast corner of said Perez 0.365 acre tract and a reentrant corner of said Church 3.707 acre tract bears S 19°52'45"W 143.63 feet; THENCE N 69°34'34" W,parallel with the north line of said Perez 0.365 acre tract and the south right-of-way line of State Highway No. 190, a distance of 108.21 feet to a point for the southwest corner of the herein described 0.025 acre in the west line of said Perez tract and the east line of said T-P& B.D.R. Enterprises, Inc. tract, from which a point for the southeast corner of said T-P&B.D.R. Enterprises,Inc. tract and a northeast corner of said Church 3.707 acre tract bears S 16°31'12"W 13.96 feet, from this corner,an iron rod found with a plastic cap stamped"Savoy 5730"bears S 07°24'19"E 4.67 feet and a 2" iron pipe, found set in concrete, for the southwest corner of said Perez 0.365 acre tract and a reentrant corner of said Church 3.707 acre tract,bears S 18°07'35" W 128.33 feet; EXHIBIT"A" Page 1 of 2 10 Ft.wide—0.025 Ac.U.E. Page 2 J.J.and M.R.Perez P.GRAY LGE.,A-24 Walker County,Texas THENCE N 16°31'12"E, with the west line of said Perez 0.365 acre tract and the east line of said T-P&B.D.R. Enterprises, Inc.tract,a distance of 10.02 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. Surveyed: July 2011. Signed \Z„Pe. Leonard E. Woods Reg. Prof. Land Surveyor No.2524 Y:\SURVEYORSTROJECTS\COH11\UE\081026\081026_3.fns.cloc c. OF 4■1.*:•* ......;t4 LEONARD E.WOODS **.4 2524 *.:90 B k Vol P s 001003638 OR 1023 868 EXHIBIT"A" Page 2 of 2 •4 TL. 0 �0; S 38 0R. 1023 869 GG y/Gy wq Y ��' N° /9 ' O \ Sao ofd ___ \ POINT OF BEGINNING �� Point in south R.O.W. doe SJi 190 `•�._,yKY. ,Q N- 10,259,203.66 Ft. 0ty ,p E. 3,802,548.51 Ft. \ �e Fnd 3/4'L pipe S 56°05'00• E 3.69 \ '1 d 1/2' I. pipe (1 n concl S 52°3034"E 3.70 T-P B BD.R Enterprises, Inc ICall 0.29 Ac. 167/633, O.P.R. �- v e ,_ _ ______., 6903439•F Fnd Point 2' 1. pipe N 40°5554' E 1.04 4 �� /Oee Point for corner 69°343;. Fnd Iron rod w/pbstk cap Savoy 5730" , K' ` �„. bears S 07°2419'E 4.67 Fa so O foot 4)e--- 2/ v \ \ ti 02S gc4, \ J \ 3 ✓0S0 �"' MOr/O ��� ,r) ,� A Co// R'0 e2 ,-, :� e c 'S92i X365 Perez h 60> 'Qc. • h . P iv Fnd 2' L pipe of 1) set in concrete 03 °j 0 L Line Table Fnd 4' da Wooden Line No Bearing Length fence corner post U S 19°52'45" W 10.00 L2 N 16°31'12" E 10.02 L3 S 16°31'12• W 13.96 Iglecia Apostoles Y Pro feta EF 2-20 Call 3.707 Ac. 264/851, O.P.R. NOTES: I. Unless otherwise noted, corners of the proposed 10 foot wide Utilty Easement are not monumented. 2. See Metes and Bounds description prepared concurrently herewith. Coordinate System, Basis of Bearings and Linear Units' Coordinates and bearings hereon are referred to the Texas Coordinate System of 1983, c'9 Central Zone, and based on the position of National Geodetic Survey (formerly known as CO the U. S. Coast & Geodetic Survey) Primary Airport Control Station (PACS) monument designated 'T39 A' having pubished NN) 83 (1993) coordinates of N. 3,128,437.762 Q Meters and E. 1,154,289.433 Meters. Distances shown hereon are U. S. Survey Feet in At 'GRID' units and may be converted to 'Geodetic Horizontal units by dividing by o Z combined scale factor of 0.99988. ' I, Leonard E. Woods, certify that this plat represents a survey mode ry 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 R.P.L.S. 2524" (Standard Corn ). Signed Leonard E. Woods Reg. Prof. Land Surveyor No. 2524 PLAT OF SURVEY OF July I, 2011 P,��.P.F. .rF PROPOSED 10 FOOT WIDE UTILITY EASEMENT �Aj...% s T e4'I� * e.•. UPON e * JOSE JUAN PEREZ AND Leonard E. Woods 2524 ,_ ks06` MARIA ROCIO PEREZ PROPERTY 9�0 S S .:A� City Worksgu Huntsville CITY OF HUNTSVILLE 448 State Hwy. 75 North PLEASANT GRAY LEAGUE, A-24 Huntsville, Texas 77320 WALKER COUNTY, TEXAS Project No 08-10-26 JULY 2011 Y.\SURVEYORS\PROJECTS\COHI1\UE\081026\081026_3.DWG SCALE I' - 50 FEET EXHIBIT "B"