Deeds - 4/19/2013 - CS 4036 - 4036 E' l VC)3. P:9
C01M%r 00004051 OR 1075 32#--1
Permission for Aerial Easement CITY SECRETARY FILE
ID. # 4o-�
This Agreement is executed March 19, 2013 between the City of Huntsville, Texas, a municipal
corporation of the state of Texas("City")and Bert Lyle(the"permittee").
Permittee is the owner of that certain real property generally referred to as being on the South
side of 126 Street,with the address of 1105 12'h Street.
Permittee has an open balcony that extends over the City right-of-way, a public sidewalk along
side of 12'h Street. Permittee seeks permission to enclose the balcony and use it for business and
occupancy purposes and a waiting area.
The City Charter, Section 3.03 provides that the City has "exclusive dominion, control, and
jurisdiction in,upon,over, and under the public streets, sidewalks,alleys,public squares,and public ways
within the corporate limits of the City, and in, upon, over, and under all public property of the City. With
respect to each and every public street, sidewalk, alley, highway, public square, public park, or other
public way within the corporate limits of the City, the City shall have the power to establish, maintain,
improve, alter, abandon, or vacate the same; to regulate, establish, or change the grade thereof; to control
and regulate the use thereof;and to abate and remove in a summary manner any encroachment thereon."
The City accepts and grants the application of the permittee made to the City Council of the City
of Huntsville at a regular meeting of the City Council held on March 5, 2013 and grants to permittee
permission to enclose the balcony,subject to the following conditions:
1. The improvement to the balcony, shall be constructed in accordance with plans and profiles to
be submitted to the Building Official and also subject to and under the direction of the Community and
Economic Development Director of the City; the decision of the Building Official and Community and
Economic Development Director as to any disputes in the manner, nature and character of construction
shall be final. All plans and specifications shall be submitted and approved by the Building Official and
the Community and Economic Development Director before any construction shall be commenced.
2. The balcony shall be so constructed and maintained as not to interfere with the rights of the
abutting and adjoining property owners. The construction,repair or maintenance of the balcony shall not
at any time interfere with traffic of any nature or description which travels upon the subject sidewalk and
street over which the balcony extends unless the City is notified and the permittee provides the necessary
justification.
3. The construction shall be done pursuant to all the City Code of Ordinances, and any applicable
laws and regulations.
4. The balcony's extension into the public right-of-way shall not be extended due to the enclosing
of the balcony. The balconies height above the public right-of-way shall not be lowered due the enclosing
of the balcony.
5. Any part of the balcony in the public right-of-way shall be only used for a lounge waiting area.
6. The permittee shall forthwith obtain a policy of insurance, at its own expense, designating the
City as an additional insured, in the amount of:
Bodily injury: $1,000,000 each person
$1,000,000 each accident
Property damage: $1,000,000 each accident
insuring the City and the public against any liability, loss or damage that might result to any person or
property as a result of the maintenance of the balcony;that the policy of insurance!shall be maintained as
long as the balcony shall remain in existence in its enclosed state and for its purpose; failure to maintain
the policy of insurance shall be grounds for revocation of this permit.
7. The City grants to the permittee an aerial easement only, for purpose of the enclosing of the
balcony, within a tri-dimension area having a volume of 3,142 cubic feet of space;more or less, situated
in the PLEASANT GRAY LEAGUE,Abstract No. 24, Walker County,Texas,and being within the right-
of-way of 12`s Street, adjacent to the north wall of a two story brick building located at 1105 120s Street,
said 3,142 cubic feet, being more particularly described by metes and bounds in Exhibit "A", attached
hereto and incorporated herein for all purposes.
8. This Agreement and the permission granted by it shall be revocable by the City for any of the
following:
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C-1a_'0ens x-051 0R 10 75 321
a. In the event that the space or aerial easement occupied by the balcony, shall be
required by the City for a paramount municipal use or purpose;
b. In the event that the balcony shall be used for any purpose other than described in the
above paragraph five unless permission is first received from the City Council;
c. In the event that the use of the balcony shall be maintained by permittee in such a
manner as to constitute a public nuisance; or
d. In the event that use of the balcony shall be declared by any court of competent
jurisdiction to be an unlawful structure above the public sidewalk right of way;
e. In the event of any act or omission of the permittee constituting cause for such
revocation under any other clause of this agreement or under law or city ordinance.
The revocation shall be effective upon 10 days written notice to permittee,delivered to 1105 12`x'
Huntsville,TX 77340.
9. The term of this Agreement and of the permission and easement under it shall be twenty-five
(25) years unless sooner terminated in accordance with law; and upon its termination the permittee, at
itthis own expense, shall remove the balcony without damage to city property. However the permittee
may request in writing that the easement be extended and shall do so sixty days (60) prior to the
termination date.
10. This Agreement contains the entire agreement between the parties relating to its subject
matter. Any oral representations or modifications concerning this Agreement shall be of no force and
effect.Any subsequent amendment or modification must be in writing and agreed to by all parties.
11. This Agreement shall be fully binding upon the parties, successors and permitted assigns of
the parties,provided however that any assignment of the agreement by the permittee will not be effective
unless approved by the City Council.
12. 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.
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 agreement and all transactions contemplated by the same.
14. Upon execution,this agreement and Exhibit"A"(the metes and bounds)attached hereto shall
be filed with the Walker County Clerk's Office.
CITY OF LE,TEXAS
BY �` —
Matt Benoit
TITLE: City M a er
DATE: l tz r 3
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF WALKER }
BEFORE ME,a Notary Public,on this day personally appeared Matt Benoit,City Manager of the
City of Huntsville. Texas, 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 day of
i •2013. V
Nok)ry Rtk Notary Public,State of Texas
* STATE OF TEXAS
My comm.Bp.0811712014
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w. V o j..
0000405, OR
BY
Bert Lyle -
TITLE:_ 0."
_
DATE:i
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF WALKER }
BEFORE ME,a Notary Public,on this day personally appeared Bert Lyle,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.
GIV FN UNDER MY MND AND SEAL OF OFFICE on this the day of
.....,, ,°°„r
AN
Notary Public, 9tate of Texas
29-� ..,�
Approved t form only
Len d neider,City Attorney
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CITY OF HUNTSVILLE,TEXAS
Public Works - Surveying
448 State Hwy. 75 North
Huntsville, Texas 77320
THE STATE OF TEXAS §
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"739 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. Elevations are expressed in U. S. Survey Feet and
referred to the(NGS)North American Vertical Datum of 1988 (NAVD 88)and referenced to the
City of Huntsville Mapping Control Network.
EROPO,SED AERML EASEMENT
3,142 CUBIC FEET OF SPACE
WITHIN THE RIGHT-OF-WAY OF 12rR STREET
CITYOFHUNTSVILLE
PLEASANT GRAY LEA GUE,A-24, WALKER COUNTY, TEXAS
Being a tri-dimension area having a volume of 3,142 cubic feet of space,more or less,
situated in the PLEASANT GRAY LEAGUE,Abstract No. 24,Walker County,Texas,and being
within the right-of-way of 12th Street,adjacent to the north wall of a two story brick building
located at 1105 12a'Street and situated upon a lot or parcel of land described in a Deed from
American Bank of Huntsville to Facemaker,Inc. dated January 19, 1990 and recorded in Volume
112,page 423,Official Public Records of Walker County,Texas,the bottom and top planes of
said 3,142 cubic feet being described as follows:
BOTTOM PLANE;
COMMENCING,at the northeast corner of said Facemaker brick building in the south
right-of-way line of 12th Street,from which a cotton spindle set for reference,having coordinates
of N= 10,258,936.08 feet,E=3,798,818.39 feet and Elevation=367.8 feet,bears West 0.2 foot;
THENCE ascending along the northeast corner of said building,a distance of 11.3 feet to
the POINT OF BEGINNING,a point at Elevation 379.1 feet for the southeast corner of the
bottom vertical plane;
THENCE S 87032'12"W(Geodetic WEST),along the north face of said building, a
horizontal distance of 25.0 feet to the northwest corner of said building same being the northwest
corner of said Facemaker,Inc.parcel,a point for corner in the south right-of-way line of 12-
Street for the southwest corner of the bottom vertical plane;
THENCE N 02 027'48"W(Geodetic NORTH),a horizontal distance of 10.3 feet to a
point;
THENCE N 87-32'12"E(Geodetic EAST),a horizontal distance of 25.0 feet to a point;
THENCE S 02°27'48"E(Geodetic SOUTH)a horizontal distance of 103 feet to the
POINT OF BEGINNING.
EXHIBIT"A"
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Proposed Aerial Easement Page 2
Facemaker,Inc., 1105 12'b St.
P.GRAY LGE.,A-24 P.Walker County,Texas I �� °
TOP PLANE;
The top plane of said 3,142 cubic feet of space has the same horizontal position and
dimensions as the bottom plane and lies 12.2 feet vertically above the bottom plane having an
Elevation of 391.3 feet.
NOTE: It is the intention of the herein described 3,142 cubic feet of space to encompass the
existing balcony from the bottom of its floor to the top of its roof and extending northerly into
the right-of-way of 12'' Street to the limits of its roof.
Surveyed: February 2013.
7
Signed
Leonard E.Woods
Reg. Prof.Land Surveyor No.2524
Y:\Surveyors\PROJECTSICOH1MISC SURVEY\Faoemaker EsmtkFacemaker Aerial.fns.doc
LEONARf1 lc.WOGvS
..�.�.....25224
Filed for Record in=
Walker County
On: Play 23-2013 at 10:12A
As a
Recordings
Document Number: 00004051
Amount: 32.00
Receipt Number - 72945
VjI
Harold Gilmore
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 page
of the named records of:
Walker County
as stamped hereon by me.
;day 23-20133
Kari A. French- Walker County Clerk
Walker County
EXHIBIT"A"
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