Deeds - 10/13/2014 - UTILITY EASEMENT - John McCoy, 0.017 ac in T. P. McMillian Survey, A-388, CS#4076 - 4076 UTILITY EASEMENT
Project No.08-10-31;Tax ID No.0388-089-0-02240 CIV SECRE IRY F
IDD L-1076
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: October 13,2014
Grantor: John McCoy
Grantor's Mailing Address: 1615 Bagwell Lane,Huntsville,Texas 77320
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 0.017 acre of land, situated in the T. P. McMILLIAN SURVEY,
Abstract No.388,Walker County,Texas,and being part of a called 4.89 acre tract described in a
Deed from Curtis Ellisor to John H. McCoy dated August 19, 1970 recorded in Volume 229,
page 646, Deed Records of Walker County, Texas, said 0.017 acre, being more particularly
described by metes and bounds in Exhibit "A" and shown on a Plat in Exhibit "B", attached
hereto and incorporated herein for a]I purposes.
Easement Purpose:The right to construct,reconstruct,operate,maintain,inspect,test,repair,
alter,replace,move,remove,change the size of,and abandon in place,utility lines and
related facilities(collectively,the"Facilities").Together with all other rights necessary or
convenient for the enjoyment of the rights,privileges and easement hereby granted.
Consideration:ONE DOLLAR($1.00)and other good and valuable consideration,the receipt
and sufficiency of which are acknowledged by Grantor.
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, upon, across and under the
Easement Property for the Easement Purpose,as well as to use the surface and subsurface
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 `Basement"), 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 of the Easement,except as to the
Reservations from Conveyance and Exceptions to Warranty,to the extent that such claim
arises by,through,or under Grantor but not otherwise.
Page 1 of 4
Terms and Conditions:The following terms and conditions apply to the Easement granted by this
i
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.The Easement is for the benefit of Grantee and Grantee's heirs,
successors,and permitted assigns.
2. The duration of the Easement is perpetual.
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 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.
5. Grantee's use of said Easement Property shall not unreasonably interfere with
Grantor's use of the land herein described or adjacent lands,however,Grantor shall not
construct,nor permit to be constructed or erected,any house,building,or other structure,within
the Easement Property without the express prior written consent of Grantee,and Grantee shall
have the right to remove or prevent the construction of any structure without reimbursement to
Grantor,Grantor's successors,tenants,assigns,or licensees. Grantor reserves the right to erect
fences across and upon the right-of-way provided that such fences will not injure or interfere
with Grantee's rights and provided that such fences shall have gates,openings,or removable
sections which will permit Grantee access to all parts of the Easement Property.
6. Improvement and maintenance of the Easement Property will be at the sole
expense of Grantee. Grantee has the right to eliminate any encroachments into the Easement
Property; provided however, All matters concerning the Facilities and their configuration,
construction, installation, maintenance, replacement, and removal are at Grantee's sole
discretion.
7. Grantee shall restore the surface of the ground to the same or similar condition as
reasonably feasible which it was prior to initial installation of the Facilities and, in the event of
future repair, replacement, inspection or maintenance work, shall restore the surface of the
ground likewise.
8. 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.
9. For erosion control purposes, the easement rights granted herein to Grantee shall
also include the right at any time in the future to add, construct, maintain, repair, or replace
concrete,rock rip rap or other improvements to protect the Facilities within or adjacent to creeks,
gullies, and other natural or man-made water drainage courses, whether located within the
Easement Property or upon Grantor's'adjacent lands.
10. This Easement 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.
Page 2 of 4
R 1-_ V I.
11. Binding Effect. This Easement binds and inures to the benefit of the parties and
their respective heirs,successors,and permitted assigns.
12. 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.
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 Easement and all transactions
contemplated by the same.
14. 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.
15. 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 unenforceability 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.
16. 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.
17. Recitals. Any recitals in this document are represented by the parties to be
accurate,and constitute a part of the substantive Easement.
18. Temporary Construction Easement(s),containing 0.015 acre and depicted as
(TCE)on Exhibit"B"attached hereto,shall be cleared and used(only to the extent necessary and
as directed by the City)during the construction,testing and warranty period for the planned waste
water main and will expire 12 months after the public utilities are accepted for maintenance by
the City of Huntsville,Texas.
Page 3 of 4
Fk Vra1 P
1-j r-) 723 OR 1 1 43 c,?Es
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
presents to be executed by its duly authorized representative this 'Z�_ day of
60+00 pe(- 20 i-
Grantor(s): /,/,I—
Name
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF W 6d(der }
BEFORE ME,a Notary Public,on this day personally appeared J An l4•
and ,known to me to be the persons whose names are subscribed to the
foregoing instrument and acknowledged to me that they executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
.()C.kQbCr ,$969-
Notary P lic,State of xas
►"'-•�, JANET J.RIDLEY
Return to Grantee's Address: _ Notary Public
City of Huntsville,Texas `,_ ;,� STATE OF TEXAS
1212 Avenue M My Comm. 1,2018
Huntsville,Texas 77340
Page 4 of 4
CITY OF HUNTSVILLE,TEXAS
Engineering-Surveying
448 State Hwy. 75 North
Huntsville, Texas 77320
THE STATE OF TEXAS §
COUNTY OF WALKER § p:s a s 0 rw 7 3 2 3 0 R 1143 6 7
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.
0.017ACRE UTILITY EASEMENT
OUT OF
JOHN H.McCOY PROPERTY
T.P.McMILLIAN,A-388, WALKER COUNTY, TEXAS
Being 0.017 acre of land,situated in the T.P.McMILLIAN SURVEY,Abstract No.388,Walker
County,Texas,and being part of a called 4.89 acre tract described in a Deed from Curtis Ellisor to John
H.McCoy dated August 19, 1970 recorded in Volume 229,page 646,Deed Records of Walker County,
Texas,said 0.017 acre being described by metes and bounds as follows:
COMMENCING,for reference only,at the southeast corner of said McCoy 4.89 acre tract and the
northeast comer a called 20 acre tract described as"PARCEL C"in a Deed from Sam Houston State
University to Margie Crawford Hardy Properties,LP,dated July 28,2010 and recorded in Volume 948,
page 449,Official Public Records of Walker County,Texas,found a 1/2"iron rod with aluminum cap,
stamped"L.E. Woods RPLS 2524",for corner having coordinates of N=10,263,558.42 feet and E=
3,808,675.33 feet,said corner being in the west right-of-way line of a City-maintained roadway known
locally as Johnson Road,its right-of-way being 60 feet in width according to a Plat of the E.AL
JOHNSON ADDITION,situated in the JAMES STRANGE SURVEY,Abstract No.530,said Plat being
recorded in Volume 108,page 118,Deed Records,said commencing corner is witnessed by a 20"Red
Oak(found and dead)S 40°38' W 51.0 feet and a Pine snag(found)bears N 89'09'W 14.8 feet(to center),
said commencing corner being also the southeast corner of a called 0.098 acre parcel,out of said McCoy
4.89 acre tract,Granted to the City of Huntsville for a Utility Easement recorded in Volume 929,page
227,Official Public Records;
THENCE S 86033'14"W,with the south line of said McCoy 4.89 acre tract,the north line of said
Margie Crawford Hardy Properties,L.P.20 acre tract and the south line of said 0.098 acre Utility
Easement,a distance of 20.00 feet to the POINT OF BEGINNING and the southwest corner of said
0.098 acre Utility Easement;
THENCE S 86°33'14"W,continuing with the south line of said John H.McCoy tract and the
north line of said Margie Crawford Hardy Properties,L.P.tract,a distance of 42.31 feet to a point for the
southwest corner of the herein described 0.017 acre,from which a 1-1/2"iron pipe found for the
southwest corner of said McCoy tract,in the north line of said Margie Crawford Hardy Properties,L.P.
tract,bears S 86033'14"W 863.02 feet and is witnessed by a 44"Sweet Gum(found)N 59°28'W 137.9
feet;
THENCE N 48009'26"E a distance of 54.70 feet to an intersection with the west line of said 0.098
acre Utility Easement,a point for corner within said McCoy 4.89 acre tract;
THENCE S 02030'11"E,with the west line of said City of Huntsville 0.098 acre Utility Easement,
a distance of 33.98 feet to the POINT OF BEGINNING.
EXHIBIT"A"
Pagel of 2
0.0 17 Ac.Utility Easement Page 2
John H.McCoy
T.P.McMILLIAN SURVEY,A-388
Walker County,Texas
NOTES: 0 1-10 0 7:3 2-3 0R 1143 62c
1. A Temporary Construction Easement lying ten(10.00)feet on the northwest side and adjacent to
Permanent Utility Easement,containing 0.015 acre,more or less,shall be cleared and used(only to the
extent necessary and as directed by the City)during the construction,testing and warranty period for a
planned waste water main and will expire 12 months after the public utilities are accepted for
maintenance by the City of Huntsville,Texas.
2. For further information,see Plat of Proposed 20 Foot Wide Utility Easement labeled Exhibit`B"
prepared concurrently with the legal description herein.
3. Unless otherwise noted,all distances to witness trees are to the face of tree.
Surveyed:September 2012.
Signed
- a��-
Leonard E.Woods
Reg.Prof.Land Surveyor No.2524
YASURVEYORS\PROJECTS\COH13\UE\08-1031\OCR V 8-R
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,eta'•' ,,�;�?`"C�`r
EXHIBIT"A"
Page 2 of 2
}
.I< VC:) L F''
B9 i11_I 07:3 2.3 a 11/r.3 629
I •
E. AL JOHNSON ADDITION
Plat - Vol. 108, pg. 118, D.R.
m d� t
E 4
o p ( U7
�Wn Lot I
John H. McCoy y N 2 Ac
Call 4.89 Ac. 229/646, D.R. I c
10 foot wide 1
Temporary Construction Easement
SEE, NOTE 3 // CS W
Z
Proposed Permanent Utility Easement ///
-ell
JOHNSON ROAD
SUR VEYED - O.OI 7 AC. // 10 < I w E-
LJ2
Ch
Fnd)-1/4'Iron Mpe
SWC John H McLq 4.89 A. A0� I0
N Nn e 20 A. /
Lon pipe wlln ffe by __``
94'Sweet Gunn lywaWJ N 59.28'W/379 // C
/ / 42.31 20.00
863.02 /
S 86"33?4' W 925.33
POINT OF CO(IfNE7JCIAIG
Fnd i/2'Iron rod with 2'akindrum cap
(00 stamped Y. E. Woods RPLS 2524•
Margie Crawford Hardy Properties, L.P. C7 f for soalheast corner McCoy 4.89 acre tract
N-10,264558.42 Ff.
Call 20 AC, 948/449, O.P.R. PARCEL C' a I E- 3,808,675.33 Ff.
Find 20'Red Ook (d.W S 40-38'W 31.0
Pine snag N 89109'W 14.8(to cfr.)
NOTES
i. Unless otherwise noted corners of the proposed 0.017 acre utility U)
easement are not monumented. r� '
2. See Metes and Bounds description labeled "EXHIBIT A" prepared Z
concurrently herewith. QI '
3. The 10 foot wide Temporary Construction Easement, (containing
a
0.015 acre, more or less), shown hereon, lying northwesterly of and 1.4
adjacent to Permanent Utility Easement, shall be cleared and used ~$
(only to the extent necessary and as directed by the City) during U
the construction, testing and warranty period for a planned waste
water main and will expire 12 months after the public utilities are '
accepted for maintenance by the City of Huntsville, Texas.
4. Unless otherwise noted all distances to witness trees are to the a i
face of tree.
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
known as the U. S. Coast 8 Geodetic Survey) Primary Airport Control Station (PACS)
monument designated "T39 AN having published NAD 83 (1993) coordinates of 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 Horizontal' units by dividing by a combined scale factor of 0.99988. (�
I
I, Leonard E. Woods, certify that this plat represents a
survey made on the ground under my direct supervision
and that all corners, found or
set, aremoonnuu/mented as
shown hereon.
Signed
Leonard E. Woods PLAT OF SURVEY OF
eq. Prof. Land Surveyor No. 2524
June 6, 2014
�'E"�9s PROPOSED 0.017 ACRE UTILITY EASEMENT
UPON
Leonard E. woo.. JO H. McCOY PROPERTY
2524 a�.'
N0
wis
City of Huntsville CITY OF HUNTSVILLE
SURVF Engineering - Surveying T. P. McMILLIAN SURVEY, A-388
448 State Hwy. 75 North
Huntsville, Texas 77320 WALKER COUNTY, TEXAS
Project No. 08-10-31 SEPTEMBER 2012
Y�SURVEYORS\PR0JECTS\C0Hl3\UE\081031\OCR V 8 - R.DWG SCALE I" - 20 FEET
EXHIBIT }}B}}
I
I
a_a►=►0_ai 0 ? C3ia
114-3 630
i
Filed for Record in:
Walker County
On: Oct 22,2014 at i]1:18P
As a
Recordings
Document Number: O000i323
Amount: 54.00
Receipt Number - 89014
Cyt
Jessica D.Jkstra
STATE OF TEXAS COUNTY OF WALKER
1 hereby certify that this instrument was
'fled 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 bs me.
Oct 2:,2014
Kari A. French, Walker Co+mty Cle,k
Walker County
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