Deeds - 10/18/2012 - Easement Agreement - CS 4023 t?t: V C3 3, PEP
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Easement Agreement
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CITY SECRETARY FILE
Date: 18 day of October, 2012 (x.
Grantor: Elkins Lake Recreation Corporation, Inc.
Grantor's Mailing Address: 282 Elkins Lake
Huntsville, Texas 77320
Grantee: The City of Huntsville, Texas
Grantee's Mailing Address: 1212 Avenue M
Huntsville, Texas 77340
Easement Property:
A forty (40) foot wide easement across Lot 112, Block 37 Section 4 Elkins Lake
Recreation Corporation, Inc. described as follows: a forty (40) foot wide strip across lot
112 which is formed by the boundary line between Lot 111 and Lot 112 and a line forty
(40)feet north of and running parallel to the southern boundary of Lot 112 as depicted on
a sketch attached as Exhibit "A" hereto and made part thereof.
Easement Purpose:
This right of way easement with its rights and privileges shall be used for the
purpose of public use and dedicated use of the public forever. Any public utility,
including The City of Huntsville, shall have the right always of ingress, egress to and from
upon this easement for construction, reconstruction, inspection, patrolling, maintaining
and adding to or removing all or part of its systems without necessity at any time of getting
permission of the property owner. The City of Huntsville shall have the right to move and
keep moved all or any part of any building, fences, trees, shrubs, other growth or
improvements that in any way endangers or interferes with the easement shown and
described above. The City of Huntsville shall not be responsible for replacing or
reimbursing the property owner due to removal or relocation of any obstruction in the
public easement.
Consideration: Good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged by Grantor.
Reservations from Conveyance: None
Exceptions to Warranty: None
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, on, and across
the Easement Property for the Easement Purpose and for the benefit of the
Dominant Estate Property, 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 thereof, except as to the
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Reservations from Conveyance and Exceptions to Warranty.
Terms and Conditions: The following terms and conditions apply to the Easement granted
by this agreement:
1. Character of Easement. The Easement is appurtenant to and runs with all
or any portion of the Dominant Estate Property (being further described as Lot 111, block
37, Section 4 Elkins Lake Recreation), 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 assigns who at any time own the Dominant Estate
Property or any interest in the Dominant Estate Property (as applicable, the "Holder").
2. Duration of Easement. The duration of the Easement is perpetual.
3. Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs,
successors, and assigns the right to continue to use and enjoy the surface of the
Easement Property for all purposes that do not interfere with or interrupt the use or
enjoyment of the Easement by Holder for the Easement Purposes. Grantor reserves for
Grantor and Grantor's heirs, successors, and assigns the right to use all or part of the
Easement in conjunction with Holder and the right to convey to others the right to use all
or part of the Easement in conjunction with Holder, as long as such further conveyance is
subject to the terms of this agreement and the other users agree to bear a proportionate
part of the costs of improving and maintaining the Easement.
4. Improvement and Maintenance of Easement Property. Improvement and
maintenance of the Easement Property will be at the sole expense of Holder. Holder has
the right to eliminate any encroachments into the Easement Property. Holder must
maintain the Easement Property in a neat and clean condition. Holder has the right to
construct, install, maintain, replace, and remove a road with all culverts, bridges, drainage
ditches, sewer facilities, and similar or related utilities and facilities under or across any
portion of the Easement Property (collectively, the "Road Improvements"). All matters
concerning the configuration, construction, installation, maintenance, replacement, and
removal of the Road Improvements are at Holder's sole discretion, subject to
performance of Holder's obligations under this agreement. Holder has the right to remove
or relocate any fences within the Easement Property or along or near its boundary lines if
reasonably necessary to construct, install, maintain, replace, or remove the Road
Improvements or for the road to continue onto other lands or easements owned by Holder
and adjacent to the Easement Property, subject to replacement of the fences to their
original condition on the completion of the work. On written request by Holder, the owners
of the Easement Property will execute or join in the execution of easements for sewer,
drainage, or utility facilities under or across the Easement Property.
5. Binding Effect. This agreement binds and inures to the benefit of the parties
and their respective heirs, successors, and permitted assigns.
6. Choice of Law. This agreement 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.
7. Counterparts. This agreement 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.
8. Waiver of Default. It is not a waiver of or consent to default if the
nondefaulting party fails to declare immediately a default or delays in taking any action.
Pursuit of any remedies set forth in this agreement does not preclude pursuit of other
remedies in this agreement or provided by law.
9. 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 agreement and all
0000916,3 OR IC-150 335
transactions contemplated by this agreement.
10. Indemnity. To the Extent allowed by law each party agrees to indemnify,
defend, and hold harmless the other party from any loss, attorney's fees, expenses, or
claims attributable to breach or default of any provision of this agreement by the
indemnifying party.
11. Entire Agreement. This agreement and any exhibits constitute the entire
agreement of the parties concerning the grant of the Easement by Grantor to Grantee.
There are no representations, agreements, warranties, or promises that are not in this
agreement and any exhibits.
12. Legal Construction. If any provision in this agreement 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
agreement will be construed as if the unenforceable provision had never been a part of
the agreement. 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 agreement are for reference only and are not intended to restrict or define the text of
any section. This agreement will not be construed more or less favorably between the
parties by reason of authorship or origin of language.
13. Notices. Any notice required or permitted under this agreement must be in
writing. Any notice required by this agreement 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 agreement. 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.
14. Recitals. Any recitals in this agreement are represented by the parties to be
accurate, and constitute a part of the substantive agreement.
15. Time. Time is of the essence. Unless otherwise specified, all references to
"days" mean calendar days. Business days exclude Saturdays, Sundays, and legal public
holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or
legal public holiday, the date for performance will be the next following regular business
3
day.
Elkins Lake Recreation Corporation, Inc.
By:
St cy nnis, General Manager Elkins
Lake Recreation Corporation
The C' Huntsville
By:
A a ,, The City of Huntsville
STATE OF TEXAS
COUNTY OF WALKER
The foregoing instrument was acknowledged before me on the AL day of
October, 2012, by Stacy Dennis, General Manager of Elkins Lake Recreation
Corporation. aiumm„��
Notary Public, State of Texas
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STATE OF TEXAS
COUNTY OF WALKER
The foregoing nstrument was acknowledged before me on the J day of
9sieber, 2012, by Xv on bjWey _,The City of Huntsville.
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EXHIBIT "A"
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