Deeds - 2/10/2015 - UTILITY EASEMENT - Haynes, Verdis A. & Betye G., A-24, 0.035 ac, CS #4109-4110, 2/10/15 Retum to:
WALKER COUNTY TITLE COWW
1109 UNIVERSITY AVENUE
17340
UTILITY EASEMENT 'ol/i-dT� (%S�-
Project No. 12-11-07;Tax ID No.4700-028-0-00800
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: February 10,2015 6 Rc V cc 1 Ps
13U_aU-110568 Obi 13-62 17
Grantors: Verdis A.Haynes and wife,Bettye G.Haynes
Grantor's Mailing Address: 815 9th Street,Huntsville,Texas 77320 CIT! SECRETARY FILE
Id.# 191 017 + W,10
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 0.035 acre, more or less, situated in the
PLEASANT GRAY LEAGUE,Abstract No.24,Walker County,Texas,and being out of and a part of a
tract or parcel of land,found by this resurvey to contain 0.154 acre,being a portion of Lot 244,Block 28,
City of Huntsville,Texas, described in a Deed from Obie Rolling to Verdis A.Haynes and wife,Bettye
G. Haynes, dated May 19, 1989, recorded in Volume 96,page 445, Official Public Records of Walker
County,Texas, said 0.035 acre being described by metes and bounds as follows:, said 0.035 acre being
described 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:TWELVE HUNDRED EIGHTY EIGHT DOLLARS($1,288.00)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
1'E< V 01 P:9
00010568 OR 1 162 1.8
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
jin 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.
11. Binding Effect. This Easement binds and inures to the benefit of the parties and their
Page 2 of 4
E Fz V ca T
00010568 OR 3-162 19
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. The remainder portion of Grantors property(0.119 acre),shall be used as a Temporary
Construction Easement,it 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.
IN WITNESS WHEREOF, Grantor, owner of the Easem nt Property, a is these esents
to be 94ecuted by its duly authorized representative this day of
20—f-'5.
Grantor(s):
Verdis A.Haynes
Betty Haynes
Page 3 of 4
E:F V C-1 Y P..S1
00010568 OR 1162 20
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF WALKER }
;�k w W
EFORE ME,a tart'Public,on this day personally appeared
-7t
and nown to me to be the persons whose names are subscribed to the
foregoing i strument and acknowledged to me that they executed the same for the purposes and
consideration therein expressed.
GIV�EQN UNDER MY HA ND SEAL OF OFFICE on this the � day of
Ug00
AGN
F ` Not ublic,S of Texas
Return to Grantee's Address:
City of Huntsville,Texas
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 § e F. VC)l P
COUNTY OF WALKER § U01'113568 OR 11.62 21
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 10 FOOT WIDE UTILITY EASEMENT(0.035 ACRE)
UPON
VERDIS A.and BETTYE G.AAYNES PROPERTY
PLEASANT GRAY LEAGUE,A-24, WALKER COUNTY,TEXAS
Being a parcel of land,containing 0.035 acre,more or less,situated in the PLEASANT GRAY
LEAGUE,Abstract No.24,Walker County,Texas,and being out of and a part of a tract or parcel of land,
found by this resurvey to contain 0.154 acre,being a portion of Lot 244,Block 28,City of Huntsville,
Texas,described in a Deed from Obie Rolling to Verdis A.Haynes and wife,Bettye G.Haynes,dated May
19, 1989,recorded in Volume 96,page 445,Official Public Records of Walker County,Texas,said 0.035
acre being described by metes and bounds as follows:
BEGINNING,in the east line of said Haynes tract,at a point for corner,having coordinates of N=
10,260,231.73 feet and E=3,800,219.03 feet,being in the south right-of-way line of a city-maintained
street,known locally as 9`"Street and formerly known as Milam Street,said street right-of-way being 39
feet in width,encompassing a northerly portion of said Haynes tract and described as a"public
thoroughfare"in a Deed recorded in Volume N,page 340,Deed Records of Walker County,Texas;
THENCE S 01 056'43"E,with the east line of said Haynes tract,at 2.41 feet pass a 3/4"galvanized
iron pipe found for the northwest corner of a called 0.008 acre street right-of-way parcel,according to a Plat
of Oakwood View Section Two,recorded in Volume 4,page 117,Plat Records of Walker County,Texas,
continuing with the east line of said Haynes tract and the west line of said 0.008 right-of-way parcel,at 7.16
feet pass a 112"iron rod with a 2"diameter aluminum cap stamped"L.E.Woods RPLS 2524"found for the
southwest corner of said 0.008 right-of-way parcel and the northwest corner of Lot 1 of said Oakwood
View Section Two,continuing S 01'56'43"E with the east line of said Haynes tract and the west line of
said Lot 1,for a total distance of 85.75 feet to a 5/8"iron rod found for the southeast comer of said Haynes
tract and the most northerly northeast corner of Lot 2 of said Oakwood View Section Two;
THENCE S 86010'41"W,with the south line of said Haynes tract and the most westerly north line
of said Lot 2,at 26.71 feet pass the northeast corner of an area designated as"Private Drainage Easement"
within said Lot 2,continuing with the south line of said Haynes tract,the most westerly north line of said
Lot 2 and the north line of said"Private Drainage Easement",a total distance of 78.25 feet to the southwest
corner of said Haynes tract and Lot 244,Block 28,the northwest comer of said Lot 2 and"Private Drainage
Easement",found a 1/2" iron rod with a 2-1/2"diameter aluminum cap stamped"City of Huntsville"for
corner,being in the east line of a called 0.521 acre lot according to a Plat of Verdis A.Haynes Property,
recorded in Volume 4,page 8,Plat Records,and from which as axle with a gear found for the southeast
corner of Lot 240,Block 28 bears S 02°27'26"E 99.38 feet;
THENCE N 01 043'32"W,with the west line of said Haynes tract and the east line of said 0.521
acre lot,a distance of 10.01 feet to a point for corner;
THENCE N 86010'41"E,parallel with and 10.00 feet northerly,as measured a right angles,of the
south line of said Haynes tract,a distance of 68.21 feet to a point within said Haynes tract;
EXHIBIT"A"
Page 1 of 2
10 foot(0.035 Ac.)—U.E. Page 2
Verdis and Bettye Haynes property
P.GRAY LGE.,A-24
Walker County,Texas Lac 5,0 1 F°:q
j ICIP-)10568 OR 11.62 22
THENCE N 01056'43"W,parallel with and 10.00 feet westerly,as measured a right angles,of the
east line of said Haynes tract,a distance of 75.84 feet to a point for corner in the south right-of-way line of
said 91h Street,and from which a point at the intersection of the west line of said Haynes tract with the south
right-of-way line of 9`h Street,bears S 86°42'25"W 67.90 feet,and from this intersection point,a point for
the northeast corner of said Haynes 0.521 acre lot bears S 01'43'32"E 7.16 feet and a calculated point in
the asphalt surface of 9`h Street for the northeast corner of Lot 240 and the northwest corner of Lot 244,
Block 28,bears N 01°43'32"W 14.12 feet;
THENCE N 86042'25"E,with the south right-of-way line of 9`h Street,a distance of 10.00 feet to
the POINT OF BEGINNING.
NOTES:
1. See"Plat of Proposed 10 Foot Wide Utility Easement"labeled Exhibit`B"prepared concurrently with
the legal description herein.
2. The total surveyed area of the Haynes tract is 0.154 acre,the remainder portion(0.119 acre)shall be
used as a Temporary Construction Easement and 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.
Surveyed:February 2015. ^_✓C_
Signed
Leonard E.Woods
Reg.Prof.Land Surveyor No.2524
Y:\SU RVEYORS\PROJECTS\COH14\UE\12-11-07.1\HAYNES.1ns.doc
E O.F. r .
LEONARD E.WOODS
. . . . . . . . . . . . . . . .
a 2524
< OTEss
EXHIBIT"A"
Page 2 of 2
bs'r; V-n1 PS
23
south line OAKWOOD CEMETERY
�
-- Plat VOL 4, p9• � concrete walk
POINT OF BEGINNING 9th STREET (MILAM)
Point In asphotl street N. 10,260,231.73 Ft.
NEC Lot 240, Block 28
28� E- 3,800.219.03 FL • . . . . . . . . .
Nwc Lor zaa, each north tine BLOCK 28
M J•
. . . . . . . .
portion of Block 28 to give a 39 /oat wide
'eN public thoroughfare" VoL N, p91
340, D.R.
Bak of Cab
.....:=.t•. R
• of 2.41 puss found 3/4`Gdv. L folPe
L6
0.
Point for corner S 86°42'25" w 67.90 008 Ac. street ngPR.PR. way
—
Vol. 4, pg- 117, _�
f; at 7.16 ollm wap found 1w2oodleo RPF�S 2524•ara
Point for caner
10' UJIlty Ease entP-R —
_ _ I Vol. 4•pg-
10' utility EasementVerdis A. and Bettye G. Haynes
VOL 4. pg. B.PR. 445, O.P.R.
Vol. 96, P9• I
r
1- a I
- ;� SURVEYED - 0.154 AC.
W �
0- C. 3 I ' LOT 1 - 0.165 AC,
cr o5 M '
Co a
cf z Proposed 10 foot Wide
Q — Utility Easement 0
S 0 SURV. - 0.035 Ac.
. t I F— �
z �
o _ OLa CL
W L4 U
> W (s
Fnd. 5/8'f. rod CL
L2
Fnd. 1/2'iron rod w/2-1/2'Okun. ?� �•
cop stamped`City of Huntsva' Ld
Fri Axle w/gea
for SEC LOT 240, r--.
BLOCK 28 s 02-2726-E99.39 I Private Drainage Easement I N > >
Plat - Vol. 4, pg. 117, P.R. g
NOTES, I f 8 t__.— — 0 1
O 0 «
I. Unless otherwise noted corners o1 the proposed 10 foot wide utility easement are
not monumented .+~° Y 11
0.206 AC.
2. See Metes and Bounds description labeled 'EXHIBIT A" prepared concurrently LOT 2 - Q
herewith. I 0
3. The remainder portion of this property (0.119 Ac.), shat be used as o Temporary
Construction Easement, It shall be clewed and used (only to the extent necessary and
as directed by the City) during the construction, testing and warranty period for a
planned storm water main and wit expire 12 months after the public utilities are
accepted for maintenance by the City of Huntsville. Texas, Line Table
Coordinate System, Basis of Bearings and Linear Units- Line No. Bearing Length
@•7
Coordinates and bearings hereon are referred to the Texas Coordinate System of LI 8 01°56'43° E 85.75
1963, Central Zone, and based on the position of National Geodetic Survey (formerly
Known as the U. S. Coast B Geodetic Survey) Primary Airport Control Station (PACS) L2 S 86°10'41" W 78.25
monument designated "T39 A' having published NAD 83 (1993) coordinates of 'Z
N. 3,128,437.762 Meters and E- 1,154,289.433 Meters. L3 N 01°43'32" W 10.01
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 tactor of 0.99988. L4 N 86°10'41" E 68.21
I, Leonard E. Woods, certify that this plot represents a survey mode on L5 N 01°56'43' W 75.84
the ground under my direct supervision and that all corners, found or set,
are monumenied as shown hereon. L6 N 86"42'25" E 1 10.00
Leonard E. Woods PLAT OF SURVEY OF
Reg, Prof. Land Surveyor No. 2524
February 10, 2015
o`OF f q��9 PROPOSED 10 FOOT WIDE UTILITY EASEMENT
h s UPON
Ak
Leonard E. woods CVERDIS A. and BETTYE G. HAYNES PROPERTY
°pa 2524 CITY OF HUNTSVILLE
` SUftVEngineering - Sureveying PLEASANT GRAYlle LEAGUE, Aof -24
448 State Hwy. 75 North WALKER COUNTY, TEXAS
Huntsville, Texas 77320 FEBRUARY, 2015
Project No. 12-11-07
Y-SURVEYORS\PROJECTS\COHl4\UE\12-11-07.1\1211071.DWG SCALE P - 20 FEET
EXHIBIT "B"
OoOI0568 OR 1162 24
Filed for Record in:
Walker County
On: Mar 24,2015 at 03:41P
As a
Recordings
Document Number: 000111568
Amaui:t: 54.00
Receipt Number - 94259
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.
Mar 24,2015
Kari A. French, Walker County Clerk
Walker County