Deeds - 5/12/2012 - Iglecia Apostoles - 3973 Bk Val P9
s)0003562 OR 1023 560
UTILITY EASEMENT
Project No 08-10-26; Tax ID No 4700-134-0-00400 CITY SECRETARY FILE
ID. # ` 113
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 3, 2012
Grantor: Iglecia Apostoles Y Profeta EF 2-20 Church
Grantor's Mailing Address: P. O. Box 1013
Huntsville, (Walker County), Texas 77342-1013
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 0.022 acre, more or
less, lying and being situated in the Pleasant Gray League, A-24, Walker County, Texas upon,
over and across a called 3.707 acre tract conveyed to Iglecia Apostoles Y Profeta EF 2-20 Church
by deed recorded in Volume 264, page 851, Official Public Records, Walker County, Texas, said
0.022 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.
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00003562 OR 1023 561
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 4"
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.
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00003562 OR 1023 562
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.
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
pre ents to be executed by its duly authorized representative this 12 +IA day of
, 2012.
s<"
Iglesia Apostoles Y Profeta EF 2-20 Church
By: r A.- A -, r----(21)
Pr- ident of Iglecia Apostoles Y Profeta EF 2-20 Church
/i >
7i irector of Iglecia Apostoles Y Profeta EF 2-20 Church
ATTEST: 2 .,
Secretary of Iglecia Apostoles Y Profeta EF 2-20 Church
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z,,
BI-: Val Ps
00003562 O R. 1023 563
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF W 4,11Ce Y" }
BEFORE ME, a Notary Public, on this day personally appeared 05 r A.5a ' +o ,
President of Iglecia Apostoles Y Profeta EF 2-20 Church and t}o5E L. 2.a-v&1 .. ,
Director of Iglecia Apostoles Y Profeta EF 2-20 Church, 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 I 9..+A day of
N/I cA,a,-- , 2012.
CWNotary blic, State of xas Cl-Q-2-ZY
RYNP Q4y - �.
46 ,--P,4\y JANET J. RIDLEY i
Return to Grantee's Address: I (::.-71....- ;*= Notary Public
'" a STATE OF TEXAS I
City of Huntsville, Texas � �;�--�+p xAS
np eu_ —My Comm Exp February I,2014 I
1212 Avenue M — _ _ _
Huntsville, Texas 77340
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I •
CITY OF HUNTSVILLE,TEXAS
Public Works - Surveying
448 State Hwy. 75 North
Huntsville, Texas 77320
THE STATE OF TEXAS § Bk Val P
COUNTY OF WALKER § 00003562 OR 1023 564
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(0.022 AC.)
UPON
IGLECL4 APOSTOLES Y PROFETA EF 3-20 CHURCH PROPERTY
PLEASANT GRAY LEAGUE,A-24, WALKER COUNTY, TEXAS
Being a strip of land ten(10.00)feet in width,containing 0.022 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 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 of Walker
County,Texas, said 0.022 acre being described by metes and bounds as follows:
BEGINNING,at a northwest corner of said Church 3.707 acre tract and the northeast corner 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,a point for corner in the south right-of-way line of State Highway No. 190,having
coordinates of N= 10,259,165.69 feet and E=3,802,650.47 feet from which a 2"iron pipe(found)bears
N 40°55'54"E 1.04 feet;
THENCE S 69°34'34"E,with the north line of said Church 3.707 acre tract and the south right-of-
way line of State Highway No. 190, a distance of 93.76 feet to the northeast corner of said Church tract
and a northwest corner of a called 0.598 acre tract described in a Deed from Thomas C. Rushing and wife,
Lillian M. Rushing to Randy L. Gardner and Dick Shultz dated December 28, 1979 recorded in Volume
352,page 148,Deed Records of Walker County, Texas and a Deed,conveying an undivided one-half
interest in said tract recorded in Volume 352,page 148,Deed Records,from Dick Shultz to Randy L.
Gardner dated February 1, 1984 recorded in Volume 424,page 868,Deed Records,a point for corner in
the south right-of-way line of State Highway No. 190 from which a 1/2"iron rod found with a plastic cap
stamped"Savoy 5730"bears N 43°58'58"W 2.51 feet;
THENCE S 02°04'45"W,with the east line of said Church 3.707 acre tract and the west line of
said Gardner 0.598 acre tract, a distance of 10.53 feet to a point for the southeast corner of the herein
described 0.022 acre,from which a 1/2" iron rod found in the east line of said Church tract for the
southwest corner of said Gardner tract bears S 02°04'45"W 217.68 feet and from this iron rod another
1/2" iron rod found with a plastic cap stamped"H.E. McAdams 2005"bears S 06°14'28"E 5.61 feet;
THENCE N 69°34'34"W,parallel with the north line of said Church 3.707 acre tract and the
south right-of-way line of State Highway No. 190,a distance 01 96.98 feet to a point for the southwest
corner of the herein described 0.022 acre in a west line of said Church tract and the east line of said Perez
0.365 acre tract from which a 4"diameter fence corner post found for a reentrant corner of said Church
tract and the southeast corner of said Perez tract and bears S 19°52'45"W 143.63 feet;
EXHIBIT"A"
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