Deeds - 4/27/2015 - UTILITY EASEMENT - Little, John Spurgeon, A-530, 0.176 ac, CS #4108, 4/27/15 1 001-11. 1794 OR 1168 726
UTILITY EASEMENT UP SECRETARY FILE
Project No.08-10-31;Tax ID No.0530-085-0-00100 {D. .# 4108
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: April 27,2015
Grantor: John Spurgeon Little
Grantor's Mailing Address: 112 Willowbend St.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 a strip of land twenty(20.00) feet in width, containing 0.176 acre of
land situated in the JAMES STRANGE SURVEY,Abstract No. 530,Walker County,Texas,and
being out of and a part of a called 24.877 acre tract described in a Deed from Perry L. Little to
John Spurgeon Little,dated July 18, 1988 and recorded in Volume 75,page 477,Official Public
Records of Walker County, Texas, said 0.176 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
Vol Pf-31
a_a0 Ct117S?4 0R 1168 727
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
I
E:
128
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. A Temporary Construction Easement,containing 0.176 acre and depicted as(Two
10'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
e
01110J 1 1794 OR 729
i
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
presents to be executed by its duly authorized representative this .r'�`�i day of
May 120/5.
Grantor: xaa�-�
John Sp eon tittle
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF WALKER }
BEFORE ME,a Notary Public,on this day personally appeared Joh n S pNraeen L;ttle,
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 -5 -,4-A day of
/YJ „ 20 )-5 .
Notary Public,State of Texas
USA HALL
., •,; Notary Publlc
STATE OF TEXAS
Return to Grantee's Address: �'°"� M Conor. 0"4-2018
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 §
Bk voI P!g
COUNTY OF WALKER § ;,s_s=1:V. :1 9 4 0 t:' 1168 730
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 20.00 FOOT WIDE(0.176 ACRE) UTILITY EASEMENT
UPON
JOHN SPURGEON LITTLE PROPERTY
JAMES STRANGE SURVEY,A-530, WALKER COUNTY, TEXAS
Being a strip of land twenty(20.00)feet in width,containing 0.176 acre of land,situated in the
JAMES STRANGE SURVEY,Abstract No.530,Walker County,Texas,and being out of and a part of
called 24.877 acre tract described in a Deed from Perry L.Little to John Spurgeon Little,dated July 18,
1988 and recorded in Volume 75,page 477,Official Public Records of Walker County,Texas,said 0.701
acre being described by metes and bounds as follows:
COMMENCING,for reference only,at the northwest corner of said John Little 24.877 acre tract
in a south line 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(U.S.A.),dated December 28, 1935 and recorded
in Volume 82,page 131,Deed Records of Walker County,Texas,a calculated intersection for corner,
having coordinates of N= 10,264,109.38 feet and E=3,810,780.10 feet,from which a point calculated
from recovered witness tree,being a large fallen Pine bearing N 54°45'E 30.0(to center),for a northeast
corner of a called 240.1 acre tract described,as"First Tract",Mrs.Ida Hampton to E.Al Johnson,dated
February 26, 1945 and recorded in Volume 108,page 48,Deed Records,bears S 03°12'15"E 9.40 feet,
and a 1/2"iron rod found,at or near,the northeast corner of Lot 10 of the E.AL.JOHNSON ADDITION,
according to a Plat recorded in Volume 108,page 119,Deed Records,bears N 1692' E 12.78 feet;
THENCE S 03012'15"E,with the west line of said Little tract and the east line of said Lot 10,a
distance of 407.26 feet to the POINT OF BEGINNING,a calculated point for southeast corner of said
Lot 10 and the northeast corner of a strip labeled"60' ROAD"on said Plat of the E.AL.JOHNSON
ADDITION,said 60 foot wide right-of-way being currently utilized for a City-maintained roadway,
known locally as JOHNSON ROAD and from said calculated point an iron rod found with a 2-1/2"
aluminum cap stamped"City of Huntsville"bears S 87°W 0.26 foot;
THENCE N 87014'25"E,a distance of 393.71 feet to a point for corner,within said Little tract,in
the northwest line of a 100 foot wide easement granted to Gulf States Utilities Company,recorded in
Volume 134,page 86,Deed Records,and the northwest line of a 20 foot wide easement granted to the
City of Huntsville,Texas recorded in Volume 1156,page 870,Official Public Records;
THENCE S 4105 P57"W,continuing within said John Little tract,along the northwest line of said
Gulf States Utilities Company and City of Huntsville easements,a distance of 28.10 feet to a point for
corner;
THENCE S 87014'25"W,a distance of 373.81 feet to a point in the west line of said Little 24.877
acre tract and easterly terminus of said 60 foot wide strip for the JOHNSON ROAD right-of-way and from
which a calculated point for the southeast corner of said 60 foot strip and the northeast corner of Lot 11 of
said E.AL.JOHNSON ADDITION bears S 03°12'l 5"E 39.99 feet and from said calculated point a 5/8"
iron rod(found)bears S 87°W 0.86 foot;
EXHIBIT"A"
Page 1 of 2
0.176 Ac.U.E. Page 2
John Spurgeon Little property �, V o! f
JAMES STRANGE SURVEY,A-530
Walker County,Texas 99 a-1 a-i 117 9 4 0 R 1168 7 31
THENCE N 03012'l 5"W,with the west line of said Little 24.877 acre tract and east line of said 60 foot
wide strip,a distance of 20.00 feet to the POINT OF BEGINNING.
NOTES:
1. Temporary Construction Easements(TCE)shown on a Plat labeled"Proposed 20 Foot Wide Utility
Easement"labeled Exhibit`B"and prepared concurrently with this legal description,(containing a
total of 0.176 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.
Surveyed:September 2012.
Signed
Leonard E.Woods
Reg.Prof.Land Surveyor No.2524
�P�� sr�R a„
.. .. ... .. .. . .. ..
LEONARD E.WOODS
is 2524
a
C9n,F f s S\ Off.
YASURVEYORSTROJECTMOM31UE108-10-31\OCR VI 2 R4.fns.doc
EXHIBIT"A"
Page 2 of 2
A-74 B.k V":L F"�
United States of America FO�E"OBO SURVEY, 000 1 1 794 ili-R 1 163 7,32
Vol. 82, p. 131, D.R., (TRACT 12a) /
fwfIL
POINT OF cOM1ENCING N- 10,264,109.38 FtE-3,810,760JO Ff Cmcamted M+erecaon 'n US,FS.4.8 7 meJn rthwest carer or John LIfik 24.877 acre lracl Si / �O _ A fel,Cakafared/ram
ret°vered witne s Ire,0eem9°1w4e ralkn Pfreheorin4 N54°45'E 3D.0 \ O fro crcL +aI nor+hens+come'o+E AJ . Coordinate System, Basis of Bearings and Linear
Unitsr J 240.1 Ac.908/48,D.F.,Dears S 03N2t5'E 9.40 � /�� . City of Nunisvil/e, 20' fJE.Fnd I/2'Non ro4 or w near, rhe rwrmeast orn9 V 1156, p. 870, O.P.R. (/]
Coordinates and beatings hereon are referred to }he Texas
Lol/D or She fAI.1a1b9d1 suS6vision 108/119,N/6°32'E 12.78Coordinate System of 1983, Central Zone, and based on the position
Two10'TCf. ,/Q, John Spurgeon Little OH L� f National Geodetic Survey (formerly known as the U. S. Coast 8
SEE Anile 3 Geodetic Survey) Primary Airport Control Station (PACS) monument
vrp• , Call 24.877 Ac. 075/477, O.P.R. a ' Q designated "T39 A• having published NAD 83 (1993) coordinates of
--- — Q N- 3,128,437.762 Meters and E• 1,154,289.433 Meters.
i• p0�de,_easen e»rf( 17 A Q' % / y E f Distances shown hereon are U. S. Survey Feet in •GRID' units and
JOHNSON ROAD J ——— L 4 T / A oti t In may be converted to "Geodetic Horizontal" units by dividing by a
cnr,aaroaw�oar,,,r.aaw°r T j d. � (reference) o d
gay Squire Mathews, calf 25 Ac., 10/18, D.R. combined same motor ar 0.99988.
Z
0 �Cmcuwfod van+ / \ Branco
II es-• FM 5/8'Nan
O F• rod Line Table
S 87°W 0.86 / Cr
4A �j / NOTES, ►�—� Line No. Bearing Length E
,: and I. Unless otherwise noted corners of the proposed 20 foot wide L 1 S 03°12'15' E 407.26 ~
Z a g0a ,ate Tall utlNty easeent are not manumented. L 2 N 87°14'25" E 393.71 a0 �.,.1
Q N m / \\e �5/ 2. See m
Metes and Bounds description labeled 'EXHIBIT A' hr4
prepared concurrent) herewith W
m z // 5 •}� j y L 3 S 41°51'57" W 28.10
The Temporary Construction Easements (T.C.E.), shown
Leonard E. Woods, certify that this lot hereon, adjacent to the Permanent utility Easement, (contain) 'Z w
Y P Y n9 L 4 S 87°14'25° W 373.81
a� represents a survey made on the ground under ° total a ssary acre, shall ct cleared and used (ally to the
extent necessary and as directed by the City) darinq the L 5 N 03°12'15" W 20.00
y a /ti ; 0� my direct supervision and that all corners, found construction, testing and warranty period for a planned waste
0
y N or se�n�nied a/%5-Show ereon. water main and will expire 12 months after the public utilities L 6 S 03°12'15" E 39.99
b / /W/ are accepted for maintenance by the City of Huntsville, Texas.
0 4. The proposed 20 loot wide easement has a surveyed area
of 0.176 are.
Leonard E. Woods
Reg. Prof. Land Surveyor No. 2524
Q CE / June 62014
PLAT OF SURVEY OF
/ c
C9 ";"G4,r kPROPOSED 20 FOOT WIDE UTILITY EASEMENT
* UPON
ods f'���1�eJOHN SPURGEON LITTLE PROPERTY
".' N� CITY OF HUNTSVILLE
O� City of Huntsville JAMES STRANGE SURVEY, A-530
ui Engineering - Surveying WALKER COUNTY, TEXAS
448 State Hwy. 75 North
U Huntsville, Texas 77320 JUNE 2014
Project No. 08-10-31 SCALE I" - 200 FEET
Y-SURVEYORS\PROJECTS\COHI 3\UE\081031\OCR VI 2_R4.DWG
P-E: V 01 P:sa
ea�e_o L
1794. GR 1. 168 733
Filed for Record in'
Walker County
On: Flay 06,2015 at 11-.06A
As a
Recordings
Document Number' Gp i°4
Amou-i-.; 54.06
Receipt Number - 45601
By,
,lessica 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
f:Walker County
as stamped hereon by me.
May 06,2015
Kari A. French, Walker County Clerk
Walker County
City Secretary Files
4098 CEMWD 24 P.
Spaces No.14&15,Row No.35,Sec.No.2-Mayes
1162 306 03/20/15 Cemetery
4099 CEMWD 24 P.Gray League City of Huntsville Mejorado,Oscar
Spaces No.14&15,Row No.35,Sec.No.2-Mayes
Gray League City of Huntsville Mejorado,Maria 1162 306 03/2.0/15 Cemetery
4100 CEMWD 24 P.Gray League City of Huntsville Lee,Cindy 1162 308 03/20/15 Spaces No.16,Row No.28,Sec.No.2-MayesCemetery
4101 CEMWD 24 P.Gray League City of Huntsville Campbell,Corey Spaces No.16,Row No.32,Sec.No.2-Mayes
1162 310 03/20/15 Cemetery
Segment 1-20'(0.082 ac),Segment 2-20'(0.254
4102 UE 24 P.Gray League City of Huntsville Gibbs,Donald Cameron 1165 257 03/27/15 ac),Segment 3-20'(0.054 ac) 11-10-26
Segment 1-20'(0.082 ac),Segment 2-20'(0.254
4103 UE 24 P.Gray League City of Huntsville Gibbs,Mary Laura 1165 257 03/27/15 ac),Segment 3-20'(0.054 ac) 11-10-26
Virginia Gibbs Smyth Family Segment 1-20'(0.082 ac),Segment 2-20'(0.254
4104 UE 24 P.Gray League City of Huntsville Partnership 1165 272 04/01/15 ac),Segment 3-20'(0.054 ac) 11-10-26
Spaces No.10,11&12,Row No.29,Sec.No.2-
4105 CEMWD 24 P.Gray League City of Huntsville Coons,Robert E. 1168 633 05/05/15 Mayes Cemetery
T Spaces No.10,11&12,Row No.29,Sec.No.2-
4106 CEMWD 24 P.Gray League City of Huntsville Coons,Paula L. 1168 633 05/05/15 Mayes Cemetery
Spaces No.8&9,Row No.27,Sec.No.2-Mayes
4107 CEMWD 24 P.Gray League City of Huntsville Teague,loseph 1168 635 05/05/15 Cemetery
20'UE(0.176 ac)out of 24.877 ac &20'(0.176 ac)
4108 UE 530 James Strange City of Huntsville Little,John Spurgeon 1168 726 05/05/15 TCE 08-10-31
120 printed:05/08/2015