Deeds - 12/1/2014 - UTILITY EASEMENT - Billy Bell, 0.192 ac., A-530, James Strange Survey - CS #4078 Bk V01 P:q
0001-,8207 OR 1148, 698
UTILITY EASEMENT
Project No.08-10-31;Tax ID No.4803-085-0-00110 CITY SECRETAIRY FILE
ID, # 1-!v 78
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: December 1,2014
Grantor: Billy Bell
Grantor's Mailing Address: 351 Johnson Road,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 0.192 acre of land, situated in the JAMES STRANGE SURVEY,
Abstract No. 530,Walker County,Texas,and being out of and a part of Lot 1 —2 Ac.according
to a Plat of the E.Al. JOHNSON ADDITION recorded in Volume 108,page 118,Deed Records
of Walker County, Texas, said 0.192 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 all 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 "Easement"), 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
B€: Vol F'o
00008207 OR 1148 699
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.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
L k VC31 P:9
00008207 OR 1148 7093
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 0.144 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.
19. Additional consideration and stipulations are as follows:
(A). Grantee to provide a 4" residential wastewater tap to service Grantor's
property at Grantee's sole expense.
Page 3 of 4
Bk VC)l Ps
00008207 OR 1 143 701
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
presets to be executed by its duly authorized representative this g day of
��2Gemloef,2014.
Grantor(s): 3,a t n
Name
Name
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF Walker }
BEFORE ME,a Notary Public,on this day personally appeared S;I/ Se/
and NA ,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 s t day of
DeCemher ,201N .
,Z:" wa,�
Notary Public,State of Texas
LL
98::
bBo
Return to Grantee's Address: EXASCity of Huntsville,Texas 0.04 1
1212 Avenue M
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 §
B.k V'o 1 P:q
COUNTY OF WALKER § 00008207 OR 1 148 702
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.
0.192 ACRE UTILITY EASEMENT
OUT OF
LOT I—2 AC.,E AL JOHNSONADDITION
JAMES STRANGE SURVEY,A-530, WALKER COUNTY, TEXAS
Being 0.192 acre of land,situated in the JAMES STRANGE SURVEY,Abstract No.530,Walker
County,Texas,and being out of and a part of Lot 1 —2 Ac.according to a Plat of the E.AL JOHNSON
ADDITION recorded in Volume 108,page 118,Deed Records of Walker County,Texas,said 0.192 acre
being described by metes and bounds as follows:
COMMENCING,for reference only,at comer No. 1 of a called 5646 acre tract described as
"TRACT J12a",situated in the FOSTER BOBO SURVEY,Abstract No.74 and various others,all in
Walker County,Texas,in a Deed from Gibbs Brothers and Company to the United States of America,
dated December 28, 1935 and recorded in Volume 82,page 131,Deed Records,found a U.S.F.S.Class
"A"3"diameter concrete monument with a brass cap marked"142",from which a 18"Red Oak(found)
bears N 85°E 46.2 feet,a 17"Sweet Gum(found)bears N 53°E 23.2 feet and a lighter Pine stump
(found)bears N 23°E 37.4 feet;
THENCE N 87030'10"E,with a south line of said U.S.F.S."TRACT J12a7,a distance of 722.79
feet to the POINT OF BEGINNING,a point for corner for the northwest corner of the herein described
0.192 acre,having coordinates of N= 10,264,016.71 feet and E=3,808,655.30 feet,same being the
northwest corner of said Lot 1;
THENCE N 87030'10"E,continuing with a south line of said U.S.F.S."TRACT J12a"and the
north line of said Lot 1,a distance of 24.76 feet to a point for corner,from which a U.S.F.S.Class"A"3"
diameter concrete monument with a brass cap marked"141",found for the 45`h corner of said U.S.F.S.
"TRACT J12a",bears N 87'30'10"E 3746.40 feet,being witnessed by a 29"forked Black Gum(found)S
14°E 40.6 feet,a 24"Pine(found)N 68°E 29.5 5,a 22"Pine(found)N 540 W 31.8 feet,the remains of an
Oak S 40°E 6.0 and a stump hole S 03°E 47.2 feet;
THENCE S 33007'39"W,a distance of 8.17 feet to a point within said Lot 1;
THENCE S 02030'11"E,across said Lot 1,parallel with and 20.00 feet easterly of(as measured at
right angles)from its west line,a distance of 410.26 feet to a point in the south line of said Lot 1,same
being,in the north 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 said Plat of the E.AL JOHNSON ADDITION;
THENCE S 87014'25"W,with the south line of said Lot 1 and the north right-of-way line of said
Johnson Road,a distance of 20.00 feet to the southwest corner of Lot I and an ell comer of Johnson Road,
a point for corner from which a 1/2"iron rod with an aluminum cap stamped"City of Huntsville"bears S
8747'W 1.17 feet,said corner being also in the east line of a called 4.89 acre tract,situated in the T.P.
McMILLIAN SURVEY,Abstract No.388,described in a Deed from Curtis Ellisor to John H.McCoy
dated August 19, 1970 and recorded in Volume 229,page 646,Deed Records;
EXHIBIT"A"
Pagel of 2
0.192 Ac.Utility Easement Page 2
LOT 1,E AL JOHNSON ADDN.
JAMES STRANGE SURVEY,A-530 Bk VC31 Po
Walker County,Texas
0 00 082C17 OR 1148 703
THENCE N 02030'11"W,with the west line of said Lot 1 and the east line of said McCoy 4.89
acre tract,at 177.66 feet pass a 5/8"iron rod with plastic cap found for the northeast corner of said McCoy
tract and the southeast corner of Lot 1—1.068 AC.according to an Affidavit of Minor Plat of DANNY E.
BROWN 1.097 AC.TRACT,dated December 6,2001 and recorded in Volume 488,page 638,Official
Public Records of Walker County,Texas,continuing with the west line of said Lot 1 and the west line of
said DANNY E.BROWN,Lot 1—1.068 AC.,at 413.62 feet pass a 5/8"iron rod with aluminum cap
found for its northeast corner,continuing N 02'30'11"W,with the west line of said E.AL JOHNSON
ADDITION,Lot 1,a total distance of 416.99 feet to the POINT OF BEGINNING.
NOTES:
1. A Temporary Construction Easement lying fifteen(15.00)feet on the east side and adjacent to
Permanent Utility Easement,containing 0.144 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 4e�
Leonard E.Woods
Reg.Prof.Land Surveyor No.2524
YASURVEYORSTROJECTSICOH131UE508-10-311OCR V 2-R.fns.doc
GJ 4, I S 7;c'•..
it LE0%ARD t. WOODS
,.�UFE r►P. 2
i�
EXHIBIT"A"
Page 2 of 2
Bk VC31 Po
00008207 OR 1148 704
United States of America FOSTER BOBO SUR., A-74
Vol, 82, p. 131, D.R. (TRACT Jl2o)
POINT OF COMMENCING Fad.USES Coss'A•3'dla coMrefe monument w/boss
PO1NT OF BEGINNING crm marked 141'for cwner Na 45 of TRACT Ago
Fnd U.S.FS.Clans d"3'oYo, concrete monument W Moss N• !0,264,016.7/ Ff. Fnd.29'forked&.*Gum S 19•E 40.6
coy marked 142'for corner No.I of TRACT J/2a • 24'Plrw N 68°E 29.55
Fnd/8'Aad Ow N 85•f 46.2 E- 3,808,655.30 Ft. ° 22'Pine N 54•w 31.8
17'Sweet Gum N 53°E 23.2 r.m o.of oak S 40•E 6.0
• II'Wt,,PMe stump N 23"E 37A stoop(rale S 03°E 472
N 87°3070" E L I 4493.95
L/ .t—� ti 3746.40
722.79 at 414sz pons �
Fnd 1CM LAc.
Vo-Jron rad wyakdn.cap I JAMES STRANGE SUR., A-530
NEC-5/8- Brown of/-
DANNY E. BROWN 1.097 AC. TRACT I I I I Proposed 20 foot wide
LOT 1 1.068 Ac. Permanent Utility Easement
Minor plot - VoL 488, pg. 638, O.P.R.' I SURVEYED - D.192 AC.
city o1 tpxtt5wh, Texas I I -
0.092 C. wally Easement I E. AL:JOHNSON ADDITION
Val 979 p¢ 213, O.P.R. un
-J I II Plat Vol. 108, pg. 118, D.R.
Lot I Lot 2
al/77.66 pass
Fnd sae•;ton rod wyplosuc a� (�I I 2 Ac 2 Ac
BADGER LANE NEC JOM McC°y 4.88 A.
I
I I Billy Bell
city of 1 tx,nvlre, Texas I i 806/767, O.P.R.
0.098 Ac. Llffty Eosemenl
Vol 929 p¢ 227, D.P.R. -
I W.:=,-T. P. McMILLIAN SUR., A-388
I
John H. McCoy I I
Coll 4.89 Ac. 229/646, D.R.
NOTES- \L 4 JOHNSON ROAD
Pant for corner
Fnd fit•kon rad WAkxn,cap 60 foot wide right
-of-woy
I. Unless otherwise noted corners of the proposed 20 toot wide stomped•Cify of Mddsville' Plot - Vol 108,pg.118, D.R.
utility easement are not monumented. 8 87°47'w 1.17
2. See Metes and Bounds description labeled "EXHIBIT A• prepared Lot 19
concurrently herewith. Lot 20
3. The 15 foot wide Temporary Construction Easement, (containing ' 2 Ac 2 Ac
0.144 acre, more or less), shown hereon, lying easterly and adjacent '
to Permanent Utility Easement, shag be cleared and used (only to
the extent necessary and as directed by the City) during the I
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 Line Table
lace of tree,
Line No. Bearing Length
Coordinate System, Basis of Bearings and Linear Units' L I N 87°30'10¢ E 24.76
Coordinates and bearings hereon ore referred to the Texas Coordinate System of L 2 S 33°07'39" W 8.17
1983, Central Zone, and based on the position of National Geodetic Survey (formerly L 3 S 02°30'11" E 410.26
Known as the U. S. Coast 8 Geodetic Survey) Primary Airport Control Station (PACS)
monument designated "739 A' having published NAD 83 (1993) coordinates of N. L 4 S 87°14'251 W 20.00
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 L 5 N 02°30'11" W 416.99 00
00
to "Geodetic Horizontal' units by dividing by a combined scale factor of 0.99988.
Q
�i
I, Leonard E. Woods, certify that this plat represents a Z
survey made on the ground under my direct supervision
and that all corners, found or set,
are moonumented as
shown hereon.
Signed--
Leonard
ignedLeonard E. Woods
eg. Prof. Land Surveyor No. 2524 PLAT OF SURVEY OF
OF
June 6, 2014
15 r EAf+9, PROPOSED 20 FOOT WIDE UTILITY EASEMENT
UPON
Leonard E. woods ��1e LOT I, E AL JOHNSON ADDITION
q............. NV
'.Pa 2524
< Ess yo`t City of Hnntaville CITY OF HUNTSVILLE
SURV Engineering - Surveying JAMES STRANGE SURVEY, A-530
448 State Hwy. 75 North
Huntsville, Texas 77320 WALKER COUNTY, TEXAS
Project No. 08-10-31 SEPTEMBER 2012
Y-SURVEYORS\PROJECTS\COH13\UE\081031\OCR V 2 - R.DWG SCALE I" " 100 FEET
EXHIBIT "B"
e VC31 P�
130008207 OR 114.8 lis 1
Filed for Record in:
Walker County
On: Dec DMO14 at 09:25A
As a
Recordings
Document Number: 00003207
Amount: 54.00
Receipt Number - 90737
Syr
Jessica Dykstra
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.
Dec 020014
Kari A. Frenchr Walker County Clerk
Walker County
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