Deeds - 04/11/2013 - Right of Way Deed - CS 4032 CITY OF HUNTSVH LE,TEXAS
Public Works - Surveying
448 State Hwy. 75 North
Huntsville, Texas 77320
BFc Vol P9
THE STATE OF TEXAS § ID0003246 OR 1070 804
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 STREET RIGHT-OF-WAY(0.023 AC.)
UPON
IL E. BUTT GROCERY COMPANYPROPERTY
JOHN W.ADAMS SURVEY,A-62, WALKER COUNTY, TEXAS
Being a strip of land,containing 0.023 acre of land, situated in the JOHN W. ADAMS SURVEY,
Abstract No. 62, Walker County,Texas, and being out of, upon and a part of a called 3.9590 acre tract
described in a Deed from Southwest Savings Association to H. E. Butt Grocery Company(HEB)dated
March 5, 1990 and recorded in Volume 115,page 273,Official Public Records of Walker County, Texas,
said 3.9590 acre tract being platted,by H. E. Butt Grocery Company(Developer),as Lot 1 of the Pantry
Foods subdivision recorded in Volume 2,page 80,Plat Records of Walker County, Texas, said 0.023 acre
being described by metes and bounds as follows:
BEGINNING,at the southeast comer of said HEB 3.9590 acre tract and the northeast corner of a
parcel described in Street Dedication from S. C. Wilson and Logan Wilson to the City of Huntsville,
Texas,dated March 21, 1972 and recorded in Volume 409,page 386,Deed Records of Walker County,
Texas,said street known locally as Wilson Street and currently not developed as such,found a 5/8"iron
rod for corner on the west side of a City-maintained street known locally as Lake Road,having
coordinates of N= 10,252,902.55 feet and E=3,799,462.42 feet and from which a 29"Sweet Gum(found)
bears WEST 5.6 feet;
THENCE S 88°03'44"W,with the south line of said HEB 3.9590 acre tract and the north right-of-
way line of said Wilson Street,a distance of 5.64 feet to a Mag-nail with a 1-1/2"stainless steel washer
stamped"L. E. Woods R.P.L.S. 2524"set in the trunk of said 29" Sweet Gum tree for the southwest
comer of the herein described 0.023 acre parcel,from which an iron rod found with a plastic cap for the
southwest corner of said HEB 3.9590 acre tract in the north right-of-way line of said Wilson Street,bears
S 88 003'44"W 364.62 feet;
THENCE N 11 007'23"E,across said HEB 3.9590 acre tract,a distance of 159.59 feet to a Mag-
nail with a 1-1/2"stainless steel washer stamped"L. E. Woods R.P.L.S. 2524" set in the face of concrete
curbing of an entrance drive for an ell comer of said HEB tract and being in west line of a 60 foot wide
strip deeded to the City of Huntsville and recorded in Volume 229,page 188,Deed Records,and being
utilized as the right-of-way of said Lake Road;
THENCE N 87°20'22"E,with the most easterly north line of said HEB 3.9590 acre tract, a
distance of 7.08 feet to a point in said concrete entrance drive for a reentrant corner of said HEB tract;
THENCE S 11°37'00"W, with the most southerly east line of said HEB 3.9590 acre tract being
along the west side of said Lake Road,a distance of 160.01 feet to the POINT OF BEGINNING.
EXU RBIT "A"
Page 1 of 2
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H.E.B.0.023 Ac.ROW Page 2
J.W.ADAMS SUR.,A-62
Walker County,Texas
B.k Vol P�
NOTES: 00003246 03246 OR 1+370
SrJS
1. All 1/2" iron rods, set for corners,have a 2"diameter aluminum cap stamped"City of Huntsville L.E.
Woods RPLS 2524".
2. For further information, see Plat of Proposed Street Right-of-Way labeled Exhibit"B"prepared
concurrently with the legal description herein.
Surveyed: January 2013.
Signed
Leonard E.Woods
Reg.Prof. Land Surveyor No.2524
Y:k.SURVEYORSYPROJECTS\COHI2Y"S\1110331111033 2.fns.doc
y'IPGOF
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LEONARD E WOODS
:° 2524 ��Q
9;�,0°.�,.uRV�yo
EXHIBIT "A"
Page 2 of 2
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CL 0.1 yOG B.k Vol F•g
ID 1:3113 -'2 a'-H OFc
11:070 LOEs
LOT 2
0 0.7565 ACRE VF��
Point for corner in cons
base of traffic signd
End of exist 6'.sidewaA
tY C
V
PANTRY FOODS
N
LOT 1 - 3.9590 ACRES
�*1 PLAT - V. 2, p. 80, P.R.
I� Q
0 H. E. Butt Grocery Company �
273, O.P.R.
Call 3.9590 Ac. V. 115, p. 3
Set Mag-nar In cant.
w/ 1-112' washer stamped i 41 I
Y. E. Woods RPLS 2524' Y k
PROPOSED 0.023 ACRE
RIGHT-OF-WAY PARCEL a � o
o
Fnd 1. rod w/plastic cap o
4 00 Q
364.62
S 88°03 44• W 370.26 -_--- LI V ti
City of hwtsviNe, Texas Wilson Street (Not open)
V. 409, P. 386, D.R.
POINT OF BEGIMVING
Fnd 518' L rod
N- 10,252,902.55 Ft.
E- 3,799,462.42 Ft.
The Pines"
Fnd. 29' S.G. WEST 5.6
" '
The Plnes Apartments, L. P. '
CaN 5.42 Ac. V. 498, p. 840, O.P.R.
Line Table
Line Na Bearing Length
NOTESn LI S 88°03'44' W 5.64
L2 N 11°07'23' E 159.59
1. Unless otherwise noted, comers of the proposed 0.114 Ac. Right-of-Way
are mon(mented with 1/2' Iron rods with 2' diameter akxninum cap L3 N 87°20'22° E 7.08
stamped 'City of Huntsville, L E. Woods RP.L.S. 2524". L4 S 11°3700' W 160.01
2. See Metes and Bounds description prepared concurrently herewith L5 N 10°5927' E 229.45
Coordinate System, Basis of Bearings and Linear Units:
Coordinates and bearings hereon are referred to the Texas Coordinate System of
1983, Central Zone, and based on the position of National Geodetic Survey (formerly in
known as the U. S. Coast 6 Geodetic Survey) Primary Airport Control Station (PACE) co
momment designated 'T39 A' having published NAD 83 0993) coordinates of
N• 3,128.437.762 Meters and E• 1354,289.433 Meters.
Distances shown hereon are U. S. Survey Feet in "GRID' wits and may be converted z
to 'Geodetic Horizontar units by dividing by a combined scale factor of 0.99988.
I, Leonard E. Woods, certify that this plat represent survey on
the ground under my direct superIn
Signed
Leonard E. Woods
Reg. Prof. Land Surveyor No. 2524 PLAT OF SURVEY OF
OF E, January 23, 2013
PROPOSED STREET RIGHT-OF-WAY
*'#I � 10. UPON
Leonard E. Woods d
:'' ' ' ' '' '' ' H. E. BUTT GROCERY COMPANY PROPERTY
.0 2524
�q,V`,e s s .°y0� City of Huntsville CITY OF HUNTSVILLE
SURGE' Public Works - Surveying
448 State Hwy. 75 North JOHN W. ADAMS SURVEY, A-62
Huntsville, Texas 77320 WALKER COUNTY, TEXAS
Project No. 11-10-33 JANUARY 2013
Y-\SURVEYORS\PRO.ECTS\COH 2\PS\1110333\111033-2DWG
EXHIBIT "B" SCALE V - 100 FEET
Bk Vol P9
00003246 OR 1070 807
Filed for Record in.
Walker county
On: Apr 24x2013 at 03:20F
As a
Recordinss
Document Humber: 00003246
Amount: 36.00
Receipt Humber - 71856
Bye
Rachel Yarabeck
STATE OF TEXAS COUNTY OF WALKER
I hereby certify that this instrument was
filed on the date and time stamped hereon by me
and was duly recorded in the volume and Rase
of the named records of:
Walker County
as stamped hereon by me.
Apr 24►2013
Kari A. French, Walker county clerk
Walker county
r.
i
Bk Vol F.9
IJlJ1JLJ+32415 OR. 1070 8132
RIGHT-OF-WAY DEED
Lake Road CITY SECRETARY FILE
Project No.11-10-33;Tax ID No.7600-053-0-01910
I D. # 40 2
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: I o?.Z 2013
Grantor: HEB Grocery Company, LP
Grantor's mailing address: P.O. Box 83999, San Antonio, (Bexar County), Texas 78283-3999
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.
Consideration: One ($1.00) and other good and valuable consideration.
Right-of-way Property: Being a strip of land, containing 0.023 acre, more or less, situated in
the JOHN W.ADAMS SURVEY,Abstract No.62,Walker County,Texas,and being out of and a
part of a called 3.9590 acre tract of land described in a Deed from Southwest Savings Association to
H. E. Butt Grocery Company, dated March 5, 1990 and recorded in Volume 115, Page 273 of the
Official Public Records of Walker County,Texas,said 3.9590 acre tract being platted,by H.E. Butt
Grocery Company as Lot 1 of the Pantry Foods subdivision recorded in Volume 2, page 80, Plat
Records of Walker County,Texas,said 0.023 of an acre strip of land being more definitely described
by metes and bounds in Exhibit "A" and shown on a Plat in Exhibit `B", attached hereto and
incorporated herein for all purposes (collectively, the"Right-of-way Property").
Grant of right-of-way: 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 a perpetual right-of-way for roadway, passage, drainage and other utility
purposes in,over,upon,through and under the Right-of-way Property.Grantor expressly agrees that
the City may remove from the property conveyed herein any fences or other obstructions that may be
found.
Reservations and exceptions to Conveyance and Warranty:
1. For Grantor and Grantor's heirs,successors,and assigns forever,a reservation of all oil,gas
and other minerals in and under and that may be produced from the property. If the mineral
estate is subject to existing production or an existing lease, this reservation includes the
production,the lease, and all benefits from it.
Bk vo 1 F9
�0003246 OR 1070 81113
This conveyance, 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.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance warrants, grants, sells and conveys this street right-of-way to the CITY OF
HUNTSVILLE, its successors, or assigns forever. Grantor binds their self, their heirs,
executors, and assigns to warrant and forever defend all and singular the property to the
CITY OF HUNTSVILLE and the City's successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty,when the claim is by,through,
or under Grantor but not otherwise.
Grantor: HEB Grocery Company, LP
By: d*WC4J
Todd A. Piland
Executive Vice President
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF BEXAR }
BEFORE ME, a Notary Public, on this day personally appeared Todd A. Piland,
Executive Vice President of HEB Grocery Company,LP, 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> ay of
2013.
pY MU r DEBRA L. SALDANA Notary Public, State of Texas
Notary Public,state of Texas
My commission Expires
March 12, 2014