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Deeds - 3/10/2015 - UTILITY EASEMENT Donation, Gibbs, Virginia Smyth Family Partnership, Ave Q City of .. Huntsville 4*0" Incorporated in 1845 under the Republic of Texas March 10, 2015 Virginia Gibbs Smyth Family Partnership c/o Mr. Joseph P. Smyth, Partner 1088 Park Avenue New York, New York 10128 RE: Utility Easement Avenue Q Sanitary Sewer Project Project No. 11-10-26; Dear Mr. Smyth: The City of Huntsville plans to construct a new sanitary sewer line upon property you own. This sanitary sewer line is to replace an existing line, upon your property, within an easement granted to the City by J. P. Gibbs in 1933. The old line is in very poor condition. This sewer line will serve residents on Avenue Q, 15th and 16th Streets. The replacement line will be constructed adjacent to your property line to the extent possible. This will require a 20' Permanent Utility Easement and a 15' Temporary Construction Easement across your property. The 20' Permanent Utility Easement is needed to bury the sewer line and for future maintenance of the line. Your land will be used and cleared to the extent necessary to bury the sewer line and to maintain in the future. You will continue to own the land but you will not be able to build any permanent structure on the easement or block its way from access. The 15' Temporary Construction Easement is needed to give the construction crew additional work area to stack dirt, for placement of equipment and for ingress and egress. This easement will expire 12 months after the City accepts the work completed by the contractor. You will be able to use the land as you want thereafter. We are asking you to donate to the City that portion of the property needed for the easements. The portion of your property needed for this project is described on the enclosed Notice of Agreement form and in Exhibit A, B and C of the Utility Easement document. Engineering Department 448 State Highway North - Huntsville, TX 77320-1118 - (936) 294-5794 Fax (936) 294-5795 Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and well planned with great opportunity for our citizens. Page 2 of 3 March 10, 2015 Smyth/Gibbs property Property Owners may chose, but are certainly not obligated to donate their property for the intended purpose. Please examine the enclosed forms carefully. Write your initials in the box beside the statement that represents your response to this invitation to donate. Sign the form in the space provided, and return one copy to the City. € Enclosed find the Utility Easement document. The Utility Easement must be signed and notarized. Please return the Utility Easement and the Notice of Agreement to the City in the self-addressed envelope with postage provided. If you do not have a notary, the City will provide this service to you free. We appreciate your cooperation with the City of Huntsville in providing this needed service. The State of Texas Landowner's Bill of Rights is enclosed. The content of this correspondence: Sent by Certified Mail, the Notice of Agreement and Landowners Bill of Rights are included by a directive from the City Council. i Joseph, I have personally visited with you, some time back, by phone. Mac gave me your phone number. I understand your agreement to donate this easement. The City's conditional abandonment of a portion of the old 1933 easement has taken some time to get. The City Council approved this on March P i I need, if possible, a copy of the document creating the "Virginia Gibbs Smyth Family Partnership". Please include a copy for our file or direct me to where it can be obtained. I appreciate your donation of this easement to the City. The Smyth/Gibbs family has and continues to be a pleasure to work with. Please let me know if you have any questions. Sincerely, Leonard E. "Gene" Woods, RPLS/LSLS City Surveyor Geo ID: 4404-001-0-00100 City of Huntsville Incorporated in 1845 under the Republic of Texas Notice of Agreement March 10, 2015 Virginia Gibbs Smyth Family Partnership Mr. Joseph P. Smyth, Partner 1088 Park Avenue New York, New York 10128 1 understand that the City of Huntsville needs to acquire a portion of my property for a Permanent Utility Easement and a Temporary Construction Easement in connection with the placement of a new sewer line. The needed land is described as follows: 6 a Being 0.390 acre(s) of land for a Permanent Utility Easement as described on Exhibit A and shown Exhibits B and C. r Being 0.309 acre(s) of land for a Temporary Construction Easement a shown on Exhibits B and C. I understand that this location of my property will be used for placement of a new sewer line. PLEASE INITIAL THIS BOX BESIDE THE STATEMENT THAT REPRESENTS YOUR RESPONSE TO THIS INVITATION TO DONATE PROPERTY: i I wish to donate the property described above to the City of Huntsville. i I I wish to receive additional information on my other options before making a decision. Please contact me. I Owner's signature Date R i i Day telephone t Z - "'I Z7 — 16 7 3 Email Address Y� l Zd� . t Engineering Department 448 State Highway North - Huntsville, TX 77320-1118 - (936) 294-5794 Fax (936) 294-5795 Our vision for the City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe. and well planned with Great opportunity for our citizens.