Deeds - 5/9/2013 - Right-of-Way Deed - CS 4034 Bk VC)l po
00003901 OR 1074 495
RIGHT-OF-WAY DEED
Lake Road
Project No. 11-10-33;Tax ID No. 7600-053-0-02110
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 9,2013
Grantors: The Pines Apartments, L.P., a Texas Limited Partnership and William G.
Riley,III,Individually
Grantor's mailing address: c/o William G. Riley, III, General Partner, 7833 9th Avenue S., St.
Petersburg, Florida 33707
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 0.144 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 5.42 acre tract of land described in a Special Warranty Deed and Bill of
Sale from William G. Riley, Jr., et al to The Pines Apartments, L.P., a Texas Limited
Partnership, dated March 6, 2002 and recorded in Volume 498, Page 840 of the Official Public
Records of Walker County, Texas, said 0.144 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").
Additional Consideration,Terms and Conditions:
1) Grantee plans to construct a sidewalk within the Right-of-way Property. Lateral support
of Grantor's adjacent property will be provided by a retaining wall to prevent erosion of
same.
2) Grantee will assume maintenance of an existing private waste water line, located within
the Right-of-way Property, servicing the Grantor's adjacent property. A manhole will be
constructed,within the Right-of-way Property,to service the Grantor's adjacent property
at the sole expense of Grantee within 24 months from the date this document is executed.
3) Any alterations of the existing private waste water line, located within Grantor's adjacent
property, necessary to allow waste water to flow into the City's waste water collection
system, will be at the sole expense of Grantor. Including, but not limited to, change of
size,material or grade.
4) Improvement and maintenance of the Right-of-way Property will be at the sole expense
of Grantee. Grantor expressly agrees that the Grantee may remove from the property
conveyed herein any obstructions that may be found; provided however, All matters
concerning improvements within the Right-of-way Property including their
configuration, construction, installation, maintenance, replacements, and removal are at
the Grantee's sole discretion.
5) If Grantee fails to commence construction of the manhole, as stated in Item 2) above,
within two (2) years from the date of this deed,this conveyance will terminate and revert
to Grantor.
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.
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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.
As part of the consideration for the grant, sale and conveyance of the property by Grantor
to Grantee, Grantor does hereby release and waive, on behalf of himself and his heirs,
successors and assigns, all rights of ingress and egress and all rights of every kind and
character whatsoever to enter upon or to use the surface of the property or any part
thereof, including without limitation, the right to enter upon the surface of the property for
purposes of exploring for, developing, drilling, producing, transporting, mining, treating,
storing or any other purpose incident to the development or production of the oil, gas and
other minerals in, on or under the Property.Nothing contained in the preceding sentence
shall ever be construed to prevent Grantor, or his heirs, successors and assigns, from
developing or producing the oil, gas and other minerals in and under the property by pooling
or by directional drilling under the property from well sites located on tracts other than the
property. 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's): Willi G Riley, III, Individually
The Pines artments L.P.,A Texas Limited
P ers
v _
By: Williafn G. Riley, Ill,General Partner
THE STATE OF
} ACKNOWLEDGMENT
COUNTY OF e,'17 e Ila S }
BEFORE ME, a Notary Public, on this day personally appeared William G. Riley, III
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me he executed the same as the act of The Pines Apartments L.P. as its General
Partner and executed the same Individually, for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
(TYk 2013.
:ice%" =.DEBORAH q. KENISTON No*Public, State of a~4,i
•: .- Notary Public•Slate or Kbrida
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���► J�39 - 0R* 1 0--j74 497
Acceptance of Grantee:
AA /� City Manager
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF WALKER }
BEFORE ME,a Notary Public,on this day personally appeared Matt Benoit,known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same as the act of the City of Huntsville, for the purposes and
consideration therein expressed. L
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the��'\ day of
2013.
�„Arwe� MMJOYNER
.®.
Notory Pubic Notary Public, State of Texas
STATE OF TEXAS
MY Comm.bp.08/17/2014
CITY OF HUNTSVILLE,TEXAS
Public Works- Surveying
448 State Hwy. 75 North
Huntsville, Texas 77320
THE STATE OF TEXAS § B k V 01
COUNTY OF WALKER § 1300133901 OR 10 7 4 4 9 S
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-W4 Y(0.114 A C.)
UPON
THE PINES APARTMENTS,L.P.PROPERTY
JOHN W.ADAMS SURVEY,A-62, WALKER COUNTY, TEXAS
Being a strip of land,containing 0.114 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 5.42 acre tract
described in a Special Warranty Deed and Bill of Sale from William G. Riley,Jr.,et al to The Pines
Apartments, L.P.,dated March 6,2002 recorded in Volume 498,page 840, Official Public Records of
Walker County,Texas,said 0.114 acre being described by metes and bounds as follows:
BEGINNING,at the northeast corner of said Pines Apartments 5.42 acre tract and the southeast
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 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
1/2"iron rod for corner at the back of the concrete curbing of a City-maintained street known locally as
Lake Road,having coordinates of N= 10,252,852.97 feet and E=3,799,457.08 feet and from which a 26"
Pine(found) bears S 62°32' W 39.7 feet and another 28"Pine(found)bears S 26°57' W 68.6 feet;
THENCE S 10 048'29"W,with the east line of said Pines Apartments 5.42 acre tract, generally
following the westerly back of curb of said Lake Road,a distance of 121.70 feet to a 1/2" iron rod found
for corner at the back of curb;
THENCE S 08 052'56"W,continuing with the east line of said Pines Apartments 5.42 acre tract,
generally following the westerly back of curb of said Lake Road,a distance of 381.00 feet to a 5/8"iron
rod found for comer at the back of curb for the southeast corner of said Pines Apartments 5.42 acre tract;
THENCE S 88°27'40"W,with the south line of said Pines Apartments 5.42 acre tract,a distance
of 10.00 feet to a 518"iron rod found with a red plastic cap stamped"J. S. Moorer RPLS 1572"for the
northeast corner of Lot 1 of University House,according to a Plat recorded in Volume 4,page 114,Plat
Records of Walker County,Texas;
THENCE N 08°52'56"E,parallel with the east line of said Pines Apartments 5.42 acre tract,a
distance of 382.98 feet to a 1/2" iron rod with aluminum cap set for corner;
THENCE N 10°48'29"E,continuing parallel with the east line of said Pines Apartments 5.42 acre
tract,a distance of 119.65 feet to a 1/2" iron rod with aluminum cap set for comer in the north line of said
Pines Apartments 5.42 acre tract and the south right-of-way line of said Wilson Street,from which a 5/8"
iron rod found for the northwest corner of said Pines Apartments 5.42 acre tract bears S 88 106'06"W
476.75 feet;
THENCE N 88 006'06"E,with the north line of said Pines Apartments 5.42 acre tract and the
south right-of-way line of said Wilson Street,a distance of 10.08 feet to the POINT OF BEGINNING.
EXHIBIT"N'
Page 1 of 2
Pines Apts.0.114 Ac.ROW Page 2
J.W.ADAMS SUR.,A-62
Walker County,Texas
B E. VC)1
F•9
NOTES: 1:11:113 '3901 OR i Cj74 499
1. All 1/2" iron rods, set for comers,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:\SURVEYORS\PROJECTS\COH 12\PS\111033\111033_1.fns.doc
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LEONARD E.WOODS
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EX MIT "A"
Page 2 of 2
IPANTRY FOODS y '
LOT 1 - 3.9590 ACRES
PLAT - V. 2, P• 80, P.R.
h E. Butt Grocery Company
Call 3.9590 Ac. V. 115, A 273, O.P.R. k V
1:11:113 03 91a I OR 1 07 5IJ0
7'
Wilson Street (Not open)
Fnd 5/8' Z rod City of Muntsvlle, Texas V. 409. p. 386. D.R.
N 88.06'06• E 486.83
476.75
POINT OF BEGIMVING
Fnd 112' L rod at back of curb '
N. 10,252,852.97 Ft.
E- 3,799,457.08 Ft.
Fnd 26' Pure S 62'32' W 39.7
Fnd 28' Pine S 26'57' W 68.6
"The Pines"
Fnd I12' I. rod
Iat back of curb
The Pines Apartments 840, O.P.R.
Call 5.42 Ac. V. 498, P. I Existing property ,`rte
along Lake Road
PROPOSED 0J14 ACRE L bock of curb
RIGHT-OF-WAY PARCEL
Line Table I
Line No. Bearing Length a
J
LI S 10°4929' W 121.70
L2 8 08152'56' W 381.00 'J Q
L3 S 88-2740- W 10.00 ' O
L4 N 08°52'56• E 382.98 '
L5 N 10.48'29- E 119.65
L6 N 88-06'06' E 10.08 Ld
Fnd 518. 4 rod w/ red plastic cqo Y
I.
Paint for Comer stamped 'J. S. Moorer RPLS 1572'
F l
Fnd. rod w/ yellow Plastic cap' J
stamped %wer Survey'
N 23.5834' E a76 '
39521
S 88'2740' W 40521
Fnd 518' L rod
UNIVERSITY HOUSE at bock of curb
LOT I - 11.900 acres
Plat - V. 4, P. 114, P.R.
18' PubCc Utility Easement City of FkntsW&
60 foot wide, street
NOTES, right-of-way
' V. 229, P. 188, D.R.
L Unless otherwise toted, corners of the proposed 0.114 Ac. Right-of-Way ' '
are monumented with 1/2' Iran rods with 2' diameter ahaninurn cop
stamped -qty of Huntsville, L. E. Woods R.PL.S. 2524'.
2. See Metes and Bounds description prepared concurrently herewith.
Coordinate System, Basis of Bearings and Linear Units-
Coordinates and bearings hereon are referred to the Texas Coordinate System of l CO)
1983, Central Zone, and based on the position of National Geodetic Survey (formerly
known as the U. S. Coast Q Geodetic Survey) Primary Airport Control Station (PACE) Q
monument designated 'T39 A• having. published NAD 83 a993) coordinates of Z
N- 3,128,437.762 Meters and E- 1,154,289.433 Meters.
Distances shown hereon are U. S. Survey Feet In 'GRID' units and may be converted
to 'Geodetic Horizonfar units by dvidirg by a combined scale factor of 0.99988.
I. Leotmrd E Woods, certify Ud Oft pat represents a sury trade on
the ground under my d d
Leonard E. Woods
Reg. Prof. Land Surveyor No. 2524 PLAT OF SURVEY OF
OF
January 23, 2d 3
.�� p
y�°o 57s PROPOSED STREET RIGHT-OF-WAY
UPON
Leonard E. Woods cd��
....... . NV THE PINES APARTMENTS, L. P., PROPERTY 4a
.# 2524 c s tc yips City of Huntsville CITY OF HUNTSVILLE
SIIR`� Public Works - Surveying
448 State Hwy. 75 Nath JOHN W. ADAMS SURVEY, A-62
Huntsville, Texas 77320 WALKER COUNTY, TEXAS
Project No. 11-10-33 JANUARY 2013
Y-\Sl1RVEYOR8\PROJECTS\COHI2\PS\I 110333\111033_1.DWG
EXHIBIT "B" SCALE le - 100 FEET