Deeds - 5/4/2012 - Elliot Partners LTD - 3970 Bi-: VDl Pa
00003442 OR 1022 839
UTILITY EASEMENT CITY SECRETARY FILE ,
Project No.08-10-26;Tax ID No.3850-001-0-00100
1D. # 341-tO
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: August 8.2011
Grantor: Elliott Partners,LTD.
Grantor's Mailing Address: 2526 N. Stallings
Nacogdoches,(Nacogdoches County),Texas 75964
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 0.014 acre,more or
less, lying and being situated in the Pleasant Gray League, A-24, Walker County, Texas upon,
over and across a called 1.53 acre tract conveyed to Elliott Partners, LTD. by deed recorded in
Volume 688, page 93, Official Public Records, Walker County, Texas, and specifically upon,
over and across a called 16,061 square foot tract(being a portion of the said Elliott Partners 1.53
acre tract)conveyed to Coburn Co.of Beaumont by deed recorded in Volume 264,page 63,Deed
Records of Walker County, Texas, said 0.014 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 '
Bk Val Ps
010003442 OR 1022 840
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
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 1'
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 3.
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 Val Ps
00003442 OR 1 022 841
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 maybe 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.
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
presents to be executed by its duly authorized representative this 4 Tit day of
MAY ,2011. •
Elliott Partners,LTD.
By: / W
Bill Ellio
Page 3 of 4 ;-
Bk Vol Ps
,'''':
00003442 OR 10-72 842
THE STATE OF TEXAS }
'' •II } ACKNOWLEDGMENT
COUNTY OF N 4 61 CS }
BEFORE ME,a Notary Public,on.this day personally appeared Bill Elliott,known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the I day of
,2e1-12g:it a
1
1_—..r. •,_ _
Notary • blic,State of Texas
Return to Grantee's Address: Inks KELUE SHAW
City of Huntsville,Texas ='r Notary Public,State of Texas
�' s •.��.,= My Commission Expires
1212 Avenue M 4N::�F September 18, 2015
Huntsville,Texas 77340 / i r ♦ '
wx
Page 4 of 4
•
CITY OF HUNTSVILLE,TEXAS
Public Works - Surveying
448 State Hwy. 75 North
Huntsville, Texas 77320
Bk Vol Ps
THE STATE OF TEXAS §
00003442 OR 1 022 843
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(0.014 AC.)
UPON
ELLIOTT PARTNERS,LTD PROPERTY
PLEASANT GRAY LEAGUE,A-24, WALKER COUNTY, TEXAS
Being a strip of land ten(10.00)feet in width,containing 0.014 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 1.53 acre tract described in a Deed from Coburn Company of Beaumont, Inc. to Elliott
Partners, LTD dated April 28, 2005 recorded in Volume 688,page 93, Official Public Records of
Walker County,Texas, and specifically out of,upon and a part of a called 16,061 square foot tract(being
a portion of said Elliott Partners 1.53 acre tract)described in a Deed from Oneta Packard to Coburn Co.
of Beaumont dated February 2, 1974 recorded in Volume 264,page 63, Deed Records of Walker
County, Texas, said 0.014 acre being described by metes and bounds as follows:
BEGINNING,at the most northerly northeast corner of said Elliott Partners 1.53 acre tract and
said 16,061 square foot tract, a point for corner at the intersection of the south right-of-way line of a
City-maintained street known locally as 13t Street with the southwest right-of-way line of State
Highway No. 190, same being in a curve to the right, having a Radius of: 2814.45 feet,a Central Angle:
of 00°58'03"and a Chord of: S 63°24'59"E 47.52 feet, said point of beginning having coordinates of
N= 10,258,711.94 feet and E=3,803,829.46 feet and from which a 3"X mark found cut in a concrete
drive bears N 87°03'55"E 1.30 feet;
THENCE southeasterly,with the northeast line of Elliott Partners 1.53 acre tract and said 16,061
square foot tract and the southwest right-of-way line of State Highway No. 190, along said curve to the
right,an arc distance of 47.53 feet to a point in the northeast line of Elliott Partners 1.53 acre tract for the
most easterly northeast corner of said Coburn Co. called 16,061 square foot tract and the northwest
corner of a called 1.166 acre tract(also being a portion of said Elliott Partners 1.53 acre tract)described
in a Deed from Forest C. Williams to Coburn Co. of Beaumont,Inc. dated May 11, 1990 recorded in
Volume 119,page 703, Official Public Records, said point being also the most northerly corner of
Utility Easement(called 0.2038 acre)granted to the City of Huntsville, Texas by Jeffery L. Copeland,
Trustee dated August 15, 1986 recorded in Volume 25,page 151, Official Public Records, from which a
calculated point in the southwest right-of-way line of State Highway No. 190 (referenced by a 5/8"iron
rod found bearing N 06°00'09"W 2.48 feet) for the northeast corner of said Elliott Partners 1.53 acre
and said Coburn Co. of Beaumont, Inc. 1.166 acre tracts, same being the northwest corner of a called
0.555 acre tract described in a Deed from William L. Durham, Trustee to Texas Conference Association
of Seventh-Day Adventists dated July 10, 1997 recorded in Volume 321,page 519, Official Public
Records, bears S 60°07'36"E 275.56 feet;
THENCE S 02°24'19"E,with the common line of said Coburn Co. called 16,061 square foot
tract and said Coburn Co. of Beaumont, Inc. 1.166 acre tracts and the west line of said City of
Huntsville, Texas, 0.2038 acre Utility Easement, a distance of 11.49 to a point for corner;
EXHIBIT"A"
Page 1 of 2
10 Ft.wide—0.014 Ac.U.E. Page 2
Elliott Partners,LTD
P.GRAY LGE.,A-24 = V o 1 F`
Walker County,Texas 00003442 OR 1022 844
THENCE northwesterly,parallel with the north lines of said Elliott Partners 1.53 acre tract, said
Coburn Co. called 16,061 square foot tract and the south right-of-way line of State Highway No. 190,
along a curve to the left,having a Radius of: 2804.45 feet, a Central Angle of: 01°27'11"and a Chord of:
N 63°32'38"W 71.13 feet,an arc distance of 71.13 feet to a point for the most westerly corner of the
herein described 0.014 acre in the north line said Elliott Partners 1.53 acre tract and the south right-of-
way line of 13th Street,from which a calculated point for the northwest corner said Elliott Partners 1.53
acre tract situated at the intersection of the south right-of-way line of 13th Street with the east right-of-
way line of a City-maintained street known locally as Avenue B, bears S 87°03'55" W 36.26 feet;
THENCE N 87°03'55"E,with the north line of said Elliott Partners 1.53 acre tract and the south
right-of-way line of 13th Street, a distance of 20.72 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 "4-6(.45((./ge,21—
Leonard E. Woods
Reg. Prof. Land Surveyor No.2524
Y:\SURVEYORS\PROJECTS\COH 11\UE\081026\081026_10.fns.doc
4,:ef,P lir to%'LEONARD E.E.WOODS
'•'Opp,, 2524
EXHIBIT "A"
Page 2 of 2
�_— — POINT OF BEGINNING
Point In south R.O.W. Ins 8Ji 190
13th STREET _ ,1 �~� N. 10258,711.94 3,803,829.46 Fft.
Fnd 3 (X) In conc. */ve Curve Table
I hews N 87'05'55' E 1.30 Curve No. Radius
f L3 �2 \\ ® Arc Length Chord Length
s '— -- \ C ®=" 0°58'03"
I \ ® 2804.45 ®
/
NEC MN 1.53 Ac. tract •••••:-.1
® � w
CO
b �. 3 60°0736° E
Proposed 10 foot Utlpty •W Easement (0.0/4 Ac.I cif y °0,., A
C i.
I. NOTES: W •
6,-2�o �`� tie
��
•
> s �''9
I. Unless otherwise noted, corners of the proposed 10 foot wide Utility
R
Easement are not monumented. Ref. Coburn Co, of Beaumont
`�
Cal 16,06/ s n:.9.�sori ti0
square feet
t 2. See Metes and Bounds description prepared concurrently herewith,
264/63 O.R. c b9` 4 I
•
W I ' V Ref. Coburn Co, of Beaumont, Inc. \
M.y Coordinate System, Basis of Bearings and Linear Units
eV Coordinates and bearings heron are referred to the Texas Coordinate
0...i Central zone, and based on the position of National Geodetic Survey (formerly known known8as
the U. S. Coast & Geodetic Survey) Primary Airport Control Station (PACE) man snenf
designated "739 A' having published NAD 83 0993) coaranares of N- 5,128,437.762 0
Meters and E. 1,154,289,433 Meters. Distances shown hereon ore U. S. Survey Feet In
'GRID' units and may '7
1 MI combined scale factor f 0 converted to "Geodetic Horizontal' units by dividing by o m ��
v A 0 Elliott P ~`
A I, Leonard E. Woods, certify that this �i Partners, LTD
on the ground under my supervision and that pas scanners,survey
unless otherwise LI Call 1.53 Ac. 688/93,
" noted, are 1/2" Iron rods with 2" diameter aluminum cap stamped �` O.P.R.
"City of Huntsville, L. E. Woods R.P.L.S, 2524" fStandar• ornery. ~
w
f fJ M
Signed, �t ,i� Line Table W•
Leonard E. Woods CO
Reg. Prof. Land Surveyor No, 2524 C m
Jul I, PLAT OF T Length o
�Pt i O!r i �+
July 2011 SURVEY OF 9 02°24'19" E •
® 0
�6 ,ti, ..,g_
PROPOSED 10 FOOT WIDE UTILITY EASEMENT
N 87°03'55" E 20.72 �,
*.' ° * NT
UPON NM S 87°03'55" W Ca
G Leonard 2524 Woods
2S1Y1
d ELLIOTT PARTNERS, LTD PROP t r w 2524
oA o+ PROPERTY Fnd. 1/2• I. rod
t,�
��0 SURV ��� Public Wok - SurVeyi 9 PLEASANT GRAY LEAGUE, PO
448 State Hwy, 75 North E� A-24
Huntsville, Texas 77320 WALKER COUNTY, TEXAS
Project No. 08-10 26 JULY 2011 T Texas Conference Association
YI\SURVEYORS\PROJECTS\COHII\UE\081026\081026_IO.DWG SCALE I" f
x` - 50 FEET of Seventh-Day Adventists I
Cot/ 0.555 Ac. 321/519, O.P.R.