Deeds - 9/12/2013 - Southwestern Bell easement agreement - CS 4045 E.1< VC)l Ps
0 CI C-1#117 319 0R I C,9 2 152
EASEMENT AGREEMENT CITY SECRETARY HLE
ID. #
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: '5 eL-A?_Mb er- '10k3
Grantor: Southwestern Bell Telephone Company
Grantor's Mailing Address: 7159 San Pedro Ave., Rm. 202
San Antonio,TX 78216
Attn: Gregory Geis
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.
Easement Property: Being a parcel of land, containing 1,324 square feet of land, more or less,
situated in Block 6 of the City of Huntsville, PLEASANT GRAY LEAGUE, Abstract No. 24,
Walker County, Texas, and being out of, upon and a part of a called 7,341 square feet tract of
land described in a Deed from Douglas I. Wiley to Southwestern Bell Telephone Company
(SWBT), dated September 6, 1973, recorded in Volume 259, page 724, Deed Records of Walker
County, Texas, and further described in attached Exhibit"A".
Easement Purpose: This easement is granted only for the specific purposes, and no other express or
implied purposes, of permitting GRANTEE to excavate, install, lay, use, operate, maintain, inspect,
clean,remove and replace a combination concrete and brick paver sidewalk and driveway entrance ;
the right of pedestrian ingress to and egress from the surface of the easement utilizing only the
surface of easement; the right to clear and keep cleared brush, and all other obstructions from the
surface of said easement which materially interfere with GRANTEE's use of the easement for the
purposes set forth herein.
Consideration: Grantor understands that the City Huntsville, Texas, as a part of the Texas
Community Development Block Grant Program, requires the Easement Property and freely
agrees to give and convey to the City Huntsville, the interest in the Easement Property for a sum
of$0.00.
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 a right of way easement over, upon, across the
Easement Property for the Easement Purpose, as well as to use the surface thereof in any
lawful manner that shall be deemed necessary and desirable by Grantee, 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.
Terms and Conditions: The following terms and conditions apply to the Easement granted by this
document:
1. The Easement is appurtenant to, runs with, and inures to the benefit of all or any
portion of the Dominant Estate Property, 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, except as may be agreed in writing by Grantor and Grantee. The
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Easement is for the benefit of Grantee and Grantee's heirs and successors. The Easement shall
not be assigned by Grantor or Grantee without written consent of the other party.
2. The duration of the Easement is perpetual, provided, however, if the Easement is
abandoned for three or more consecutive years, Grantor may terminate the Easement by giving
notice as provided herein. In the event of such termination, GRANTEE agrees to execute and
deliver to GRANTOR, upon GRANTOR'S written request, a recordable release of the easement.
3. Grantee's right to use the Easement Property is nonexclusive, and Grantor
reserves for Grantor and Grantor's heirs, successors, and assigns the right to use all or part of the
Easement Property in conjunction with Grantee as long as such use by Grantor and Grantor's
heirs, successors, and assigns does not interfere with the use of the Easement Property by
Grantee for the Easement Purpose, and the right to convey to others the right to use all or part of
the Easement Property in conjunction with Grantee, as long as such further conveyance is subject
to the terms of this Easement and does not restrict or limit rights hereby granted.
4. This easement, and Grantee's rights hereunder, are subject to (i) all, if any, valid
and subsisting oil,gas, sulfur, and mineral lease or leases, unitization agreements,deeds,easements,
rights-of-way, restrictive covenants, mineral and royalty grants and reservations, or other
instruments now of record in the appropriate records of Walker County, Texas which affect the
easement and (ii) all other easements, improvements and other matters which are visible and/or
would be apparent from an inspection of the easement and/or Property.
5. Grantee's use of said Easement Property shall not unreasonably interfere with
Grantor's use of the land herein described or adjacent lands. GRANTOR, its successors and
assigns, shall have the right to use the surface and subsurface of the easement herein granted insofar
as such use does not unreasonably interfere with the use of the easement by GRANTEE.
GRANTOR shall have the right to dedicate,construct,operate,place,maintain,lay, inspect,protect,
repair, alter, substitute, relocate, replace, and remove (i) roads, streets, sidewalks, and parking lots
over, across and through, and along the easement herein granted, and (ii) electric, gas, and water
lines or drainage structures, and all other public utility facilities across and through, and along, the
easement herein granted, and such activities shall not constitute interference with said easement and
the rights conveyed hereby, so long as such improvements do not unreasonably, materially and
adversely interfere with GRANTEE'S use of the easement for the purposes set forth herein.
6. GRANTEE shall not construct or install any Equipment (as hereinafter defined)
within the easement without first submitting to GRANTOR full and complete plans for such
construction and installation and receiving GRANTOR's prior written approval. GRANTEE, shall
not have the right to construct, build, install, maintain, have, or permit any above ground structures,
facilities, apparatus, lines, installations, equipment, or appurtenances to any thereof, of any kind or
character, on the surface of or above the surface of the easement hereby granted
7. After any construction or operation within the easement by GRANTEE and also
after any later operation done or caused to be done by GRANTEE which affects the easement or
GRANTOR'S Property or any part thereof, GRANTEE shall promptly restore the easement and/or
the Property to the same condition it was prior to such construction or operations. GRANTEE shall
pay GRANTOR for any damages, including but not limited to damages to crops, trees, plants,
shrubs, bushes and vegetation growing within the easement, caused by GRANTEE, its employees
or persons acting under its control,during such construction or operations.
8. GRANTOR, for itself, its successors, assigns, employees, agents, contractors,
directors, attorneys, affiliates, subsidiaries, parents and associated and allied companies
(collectively, the "GRANTOR Parties") and their respective successors and assigns, reserves the
right to enter upon the easement without notice to GRANTEE and without damage to any of
GRANTEE's Equipment (as defined herein) and without unreasonable and materially adverse
interference with GRANTEE's use of the easement as provided herein, for the purpose of
conducting repairs, maintenance or other work to GRANTOR's Property adjoining the easement
and otherwise for the conduct of GRANTOR's normal business operations at such Properly.
9. GRANTEE's use of the easement and activities and actions in connection therewith
and the exercise of its fights under this Easement Agreement shall be in compliance with all present
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000#37319 0 R 1092 153
and future ordinances, standards, codes, laws, regulations, rules, restrictions, covenants,
requirements and orders of all federal, state, county and municipal governments or quasi-
governmental entities or agencies relating to or affecting any of the easement or having jurisdiction
over any of the easement or parties hereto.
10. GRANTEE shall not block or impede any access to GRANTOR's Property or the
easement granted herein while performing any construction, maintenance, repair or operation within
the easement granted herein or at any other time.
11. Nothing contained herein shall grant or be construed to grant to GRANTEE the right
to use the easement granted herein for other purposes other than the purposes expressly set forth
herein.
12. Grantee shall not cut, nor in any way damage, any timber, regardless of age on
Grantor's lands adjacent to said Easement Property, except that Grantee shall have the right to
cut and/or remove all trees, growth, undergrowth, and other obstructions that, in Grantee's
judgment, may injure, endanger, or interfere with the exercise by Grantee of the rights and
privileges granted to it in this Easement, and Grantee shall not be required to reimburse Grantor,
its successors assigns, tenants, or licensees for such action. No herbicides shall be used except
with written permission of Grantor.
13. In event of any litigation between the parties hereto in connection with any actual or
threatened breach of any provision hereof or to enforce any other right or remedies hereunder, the
prevailing party shall be entitled to recover from the losing party, and the losing party hereby
covenants to pay, in addition to any judgment or other release, such reasonable attorney's fees as
may have been incurred by the prevailing party instituting such litigation, including but not limited
to all costs and expenses of litigation as may be allowed by the court.
14. GRANTEE shall be responsible for the maintenance and repair of the easement
and all improvements and other personal property placed therein by GRANTEE, and any and all
appurtenances thereto (collectively the "Improvements"), shall perform all work necessary to
keep the same in good order, condition and repair, ordinary wear and tear excepted, and will
repair and replace as necessary, as determined by GRANTEE in its reasonable discretion, any
and all Equipment. Included in GRANTEE's responsibilities are cleaning, trash removal and
otherwise keep the easement free of rubbish and trash. GRANTEE shall promptly notify
GRANTOR of any casualty occurring in or about the easement, including fire, flood, breakage,
theft or other significant damage from whatever cause or of any unusual conditions, which may
develop during the term of this Easement Agreement.
15. Subject to the requirements set forth hereinbelow,GRANTEE hereby agrees to relocate
at its sole cost and expense its Equipment installed within the easement to a new easement
following written request to GRANTEE by GRANTOR. Provided however, notwithstanding the
foregoing, GRANTEE shall not be required to relocate its Equipment unless and until each and
every one of the following conditions are completely and finally satisfied in GRANTEE's
reasonable discretion. The conditions which must be reasonably satisfied prior to any such
relocation are as follows:
a. GRANTOR shall in writing give GRANTEE prior notice with as much time as is
necessary prior to such relocation which will allow GRANTEE sufficient time to relocate its
Equipment;
b. GRANTOR shall execute a new easement agreement for the new easement on
the exact same terms and conditions herein and such new easement shall be at a location (i)
reasonably acceptable to GRANTEE and (ii) which shall have substantially the same or
substantially similar access as this easement;
C. GRANTEE shall remove the existing Equipment from the existing easement
during the installation of its new Equipment within the new easement; and
d. The accomplishment of the relocation shall not cause or result in any interruption
whatsoever of GRANTEE's services provided from the easement.
I& This Easement may be executed in any number of counterparts with the same
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00007319 OR 1092 154
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.
IT Binding Effect. This Easement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
18. Choice of Law. This Easement 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.
19. 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 Easement and all transactions
contemplated by the same.
20. Integration. This document contains the complete Easement rights granted and
cannot be varied except by written agreement of the parties. The parties agree that there are no
oral agreements, representations, or warranties that are not expressly set forth in this Easement.
21. Legal Construction. If any provision in this Easement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among
the parties, the u nenforce ability will not affect any other provision hereof, and this Easement will
be construed as if the unenforceable provision had never been a part of the Easement. 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 document are for reference only and
are not intended to restrict or define the text of any section. This Easement will not be construed
more or less favorably between the parties by reason of authorship or origin of language.
22. Notices. Any notice required or permitted under this Easement must be in writing.
Any notice required by this Easement 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
document. 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.
23. Recitals. Any recitals in this document are represented by the parties to be
accurate, and constitute a part of the substantive Easement.
24. TO HAVE AND TO HOLD the herein described easements, subject to the matters
set forth herein, together with all and singular the rights and appurtenances thereto belonging, unto
GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind itself and its
successors and assigns, to warrant and forever defend subject to the matters set forth herein, all and
singular the easements unto GRANTEE and its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under
GRANTOR,but not otherwise.
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
presents to be executed by its duly authorized representative this ��`n day of September,
2013..
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SOUTHWESTERN BELL TELEPHONE COMPANY, a
Delaware corporation
By: vow
Name: Kami Rieke
Title: Sr. Manager
THE STATE OF TEXAS I
I ACKNOWLEDGMENT
COUNTY OF BEXAR I
BEFORE ME, a Notary Public, on this day personally appeared Kami Rieke, 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 Jol)66- day of
September, 2013.
"j
It L
V
Notary Public, State of Texas
STEPHANIE ALENE WALL1Y
Notary Public,State of Texas
My Commission Expires
December 20, 2,,4
CITY OF HUNTSVILLE, a lome We
corporation
By:
Name:
Title: 3 Maf\a-�ec
Q
Return to Grantee's Address:
City of Huntsville, Texas
1212 Avenue M
Huntsville, Texas 77340
P.k Vol P:q
000f-17319' OR 1092 156
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00007319 OR 157
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"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 EASEMENT 0,327Sq. FL)
UPON
SOUTHWESTERN BELL TELEPHONE COMPANY PROPERTY
PLEASANT GRAYLEAGUE,A-24, WALKER COUNTY, TEXAS
Being a parcel of land, containing 1,327 square feet of land,more or less, situated in
Block 6 of the City of Huntsville, PLEASANT GRAY LEAGUE, Abstract No. 24, Walker
County, Texas, and being out of,upon and a part of a called 7,341 square feet tract of land
described in a Deed from Douglas I. Wiley to Southwestern Bell Telephone Company(SWBT),
dated September 6, 1973, recorded in Volume 259, page 724,Deed Records of Walker County,
Texas, said 1,327 square feet of land being described by metes and bounds as follows:
BEGINNING, at the southwest corner of said SWBT tract and the northwest corner of a
tract described as item(d)in Exhibit A, in an Assignment and Conveyance/Exchange Deed to
Powell Eastex Properties,LTD. and Momwalk Holdings, LTD., dated December 11 1999,
recorded in Volume 413, page 310, Official Public Records of Walker County, Texas, found a
3/4" diameter galvanized iron pipe for comer in the east line of University Avenue, said point of
beginning having coordinates of N= 10,258,638.96 feet and E=3,798,959.38 feet;
THENCE N 01'24'10"W, with the most southerly west line of said SWBT tract and the
east line of University Avenue, a distance of 12.21 feet to a railroad spike found at the south edge
of a building foundation(now demolished)for the most westerly northwest comer of said SWBT
tract and the southwest corner of a called 30 foot by 100 foot parcel of land described in a Deed
from W. T. Bennett to The Estate of Ben H. Powell, Deceased, dated February 16, 1981,
recorded in Volume 372, page 303, Deed Records;
THENCE N 86°15'21"E,with the most westerly north line of said SWBT tract and the
south line of said 30 foot by 100 foot parcel,being generally along the south foundation of a
demolished building, a distance of 99.26 the southeast comer of said foundation,being a reentrant
corner of said SWBT tract and the southeast corner of said 30 foot by 100 foot parcel;
THENCE S 02°24'54"E, across said SWBT tract, a distance of 14.51 feet to a point in
the south line of same and the north line of said Powell Eastex Properties, LTD. and Montwalk
Holdings, LTD. parcel for the southeast comer of the herein described 1,327 square feet of land,
from which another 3/4" diameter galvanized iron pipe found for the southeast comer of said
SWBT tract northeast comer of said Powell Eastex Properties,LTD. and Montwalk Holdings,
LTD. parcel bears N 87 035'06"E 52,27 feet;
THENCE S 87°35'06"W, with the common line of said SWBT tract and Powell Eastex
Properties, LTD. and Montwalk Holdings, LTD. parcel, a distance of 99.45 feet to the POINT
OF BEGINNING.
EXHIBIT "A"
Page 1 of 2
1,327 Sq.Ft.Easement Page 2
SWBT
P. GRAY LGE.,A-24
Walker County,Texas
Surveyed: August 2013.
Signed L�
Leonard E. Woods
Reg. Prof. Land Surveyor No.2524
Y:%SURVEYORSTROJECTS\COHt21TOPO%100903\100904 t.fis.doc
1Q'.�G S T Fq:tqd,
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...................
LEONARD E.WOODS
.
......................2524
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0C11r#--j7319 0F, 1092 158
Filed for Record in:
Balker County
On: Sea 16,2013 at 11:11A
As a
Recordings
Document Number: 00007319
Amount: 50.00
Receipt Number - 77027
ey
Linda Perez
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 bg me.
Sep 16x2013
Kari A. Frenchx Walker County Clerk
Walker Counts
EXHIBIT "A"
Page 2 of 2
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