Deeds - 5/30/2012 - Essex Village - 3984 C10004180 OR 1026 626
PEDESTRIAN SIDEWALK EASEMENT CITY SECRETARY FILE
Project No. 11-10-29; Tax GEO ID No. 5600-016-0-02800 ID. # 31 84
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 30, 2012
Grantor: Essex Village, L.P., a Texas limited partnership
Grantor's Mailing Address: 8455 Lyndon Lane
Austin (Williamson County), Texas 78729
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 0.0124 acre (540 square feet), more or less, lying and being situated in
the Pleasant Gray League, Abstract No. 24, Huntsville, Walker County, Texas upon, over and
across a called 18.6274 acre tract designated as Lot 3 of The Villages of Huntsville subdivision,
Final Plat of said subdivision recorded in Volume 4, page 105, Plat Records, Walker County,
Texas, 16.513 acres of said Lot 3 being conveyed to Essex Villages, L. P., a Texas limited
partnership by Correction Special Warranty Deed recorded in Volume 879. Page 268, Official
Public Records, Walker County Texas, and the remaining 2.1144 acres of said Lot 3 being
conveyed to Essex Villages, L.P., a Texas limited partnership by General Warranty Deed
recorded in Volume 879, page 263, Official Public Records, Walker County, Texas, said 0.0124
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, sidewalk and/or
handicap access ramp for pedestrian access 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.
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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 Easement Property, whether or not the Easement is referenced or described in any
conveyance of all or such portion of the Easement 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.
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.
11. Binding Effect. This Easement binds and inures to the benefit of the parties and
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oo0c4130 OR 110-76 628
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. Additional Provisions. The Grantor agrees to the following terms and conditions:
a. The Grantee shall have the right at all times of ingress and egress to and
from and upon the easement property and shall have the sole right to
regulate and restrict the easement property.
b. The Grantee shall have the right to improve the easement property for
beautification purposes, including the right to move and keep moved all or
any part of any building, fences, trees, shrubs, or any other growths or
improvements that in any way, in the Grantee's sole judgment, endanger
efficiency of the
with the beautification,interfere , maintenance or of
Y
sidewalk, without the necessity of procuring the permission of the Grantor.
The Grantee shall further have the right, without Grantor's permission or
consent, to add trees, shrubs and other landscaping, to grade, excavate, fill,
erect retaining walls, construct drainage facilities and bridges, make curb
cuts, construct curbs, install lighting, and signs, on the property.
c. The Grantee agrees to maintain the easement property, including all
sidewalk surfaces, landscaping, retaining walls, drainage facilities, curbs,
lights, signs and all other improvements installed and/or constructed that
are related to the sidewalk use and purpose of the easement property.
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d. Public access to the easement property will be from the dedicated public
right-of-way of Essex Boulevard. :r
}
e. With the exception of personal transportation devices, motorized or non-
motorized, as used by special need/handicapped persons and as required
for maintenance, only pedestrian traffic shall be allowed on the easement
property upon completion of the sidewalk improvements upon the
easement property.
f. Grantee assumes no responsibility for the ad valorem taxes on the
property.
g. Grantee agrees to indemnify and hold harmless the Grantor for any
negligence by the City of Huntsville, its employees, contractors or sub-
contractors in improving or maintaining the easement property to the
extent allowed by law.
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
presents to be executed by its duly authorized representative this 5—'11"- day of
9-'- ‘-'--. , 2012.
Essex Village, L.P., a Texas limited partnership
BY: V
R. J. I• ins, President
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF WILL-JA(11-- Oni}
BEFORE ME, a Notary Public, on this day personally appeared R. J. Collins, President
Essex Village, L.P., a Texas limited partnership, 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 5 day of
_. , 2012.
C;2>u----d-,A__)/0Z-be ,
Notary Public, State of Texas
_
" "; ,,, BRENDA DELL COOPER
? Y n : Notary Public,State of Texas
Return to Grantee's Address: *` *`
1 i My Commission Expires
City of Huntsville, Texas ' ,'�'
''�pF�E*,,,�� JULY 29,2013
1212 Avenue M
Huntsville, Texas 77340
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FIELD NOTES
18' x 30' PEDESTRIAN SIDEWALK EASEMENT
0.0124 Acres (540 Square Feet)
Being all that certain tract or parcel of land lying and being situated in the PLEASANT GRAY ,
LEAGUE, Abstract No. A-24 in Huntsville, Walker County, Texas and being part of Lot 3 of TIIE
VILLAGES OF I-IUNTSViLLE recorded in Volume 4, Page 105 of the Walker County Plat Records t`
(W.C.P.R.) and being more particularly described by metes and bounds as follows:
COMMENCING: at the southeast corner of said Lot 3, the southwest corner of Reserve "A" of the said
THE VILLAGES OF HUNTSViLLE final plat and being in the north right-of-way of Essex Boulevard
(based on a 60' width (4/105));
THENCE: S 86° 22' 57" W along the south property line of said Lot3, same being the north right-of-way
line of said Essex Boulevard for a distance of 308.90 feet to the POINT OF BEGINNING and having
coordinates of N= 10,263,448.89 feet and E= 3,800,057.53 feet;
THENCE: S 86° 22' 57" W continuing along said common line for a distance of 30.00 feet for corner,
from whence a found 1/2-inch iron rod marking a Point of Curvature in the said north right-of-way of
Essex Boulevard bears S 86° 22' 57" W at a distance of 154.11 feet for reference;
THENCE: into the interior of said Lot 3 for the following three (3) calls:
1) N 03° 37' 03" W fora distance of 18.00 feet for corner,
2) N 86° 22' 57" E for a distance of 30.00 feet for corner and
3) S 03° 37' 03" E for a distance of 18.00 feet to the POINT OF BEGINNING and containing
0.0124 acres (540 square feet) of land, more or less.
I, Kevin R. McClure, Registered Professional Land Surveyor, State of Texas, No. 5650, do hereby
certify that the above field notes represent a survey made on the ground of the above described tract or
parcel of land. Coordinates and bearings herein are referenced to the City of Huntsville Mapping Control
Network and are based on the published NAD 83 (1993) coordinates of Control Points 6414 and 6413
having coordinates of N= 10,263,474.22 feet and E= 3,798,866.85 feet and N= 10,263,896.10 feet and
E= 3,798,890.29 feet respectively. Distances, shown hereon, are referenced to the City of Huntsville
Mapping Control Network and may be converted to geodetic horizontal by dividing by a Combined '
Scale Factor of 0.99988.. 4.-;, ,.,t,
fps
See Plat (Exhibit"B") for further information. /,').-..-:' : \, E --{ t,l t "; :
Surveyed in January, 2012.
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\ \ / / / /
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th/ 00004-1 0
OR 1 = 26 631
\ ` -,/ /
\ \ /
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/l ----- o �/ Lot 3 I 1 Reserve "A"
b� y i
c^ /' / The Villages of Huntsville 1 (Unrestricted)
I ... • / The Villages of Huntsville
I a / Vol. 4, Pg. 105, W.C.P.R. I Vol. 4, Pg. 105, W.C.P.R.
1 s
\\ N 86'22'57" E - 30.00' -
/ 25 SBL _J.
- —
N 3'37'03" W - 18.00' i S 3'37'03" E - 18.00' 18' P.U.E.
- -I - - I- - -S 86'22'57" W – 308.09'
S 86'22'57" W – 154.11'
to a fnd. 1/2" I.R. P.O.B. P.O.C.-11
.O.C. – – – – – – —
N: 10,263,448.89
S 86'22'57" W - 30.00' E: 3,800,057.53
PEDESTRIAN SIDEWALK EASEMENT Essex Blvd.
0.0124 Acres (540 square feet) 60' R.O.W. N V4, P.105 W.C.P.R.
- - - - - - - - - - - - - - - - - - - - - -
I • ItIII- - - - - -Lot 4
The Villages of Huntsville
GENERAL NOTES: Vol. 4, Pg. 105, W.C.P.R.
1. Coordinates and bearings, shown hereon, are referenced to
the City of Huntsville Mapping Control Network and are based
on the position of Control Points 6414 and 6413 having
coordinates of N= 10,263,474.22 feet and E= 3,798,866.85 LEGEND
feet and N= 10,263,896.10 feet and E= 3,798,890.29 feet
respectively D.R. – Walker County Deed Records
2. Distances, shown hereon, are referenced to the City of O.R. – Walker County Official Records
Huntsville Mapping Control Network and may be converted to P.R. – Walker County Plat Records
geodetic horizontal by dividing by a Combined Scale Factor of E.A.E. – Emergency Access Easement
0.99988. P.A.E. – Public Access Easement SCALE: Hor: 1" = 40'
3. Unless otherwise noted, corners for the proposed easement P.O.B. – Point of Beginning
are not monument P.O.C. – Point of Commencing 2 80•
bounds 4. See metes and bounds (Exhibit "A") for more descriptive P.U.E. – Public Utility Easement
information. R.O.W. – Right–of–Way
SBL – Set Back Line
10250013-003-01 EXHIBIT "B"
McCLURE& BROWNE ENGINEERING/SURVEYING, INC • 1008 Woodcreek Drive, Suite 103 - College Station, Texas 77845 • (979) 693-3838