Deeds - 5/16/2012 - Troy Pegoda - 3975 • Bk Vol Ps
00003637 OR. 1023 855
CITY SECRETARY FILE
UTILITY EASEMENT ID. # 3°1 15
Project No. 08-10-26; Tax ID No. 3850-004-0-00400
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: May 16, 2012
Grantors: Troy K. Pegoda
Grantor's Mailing Address: 718 State Highway 190
Huntsville, (Walker County), Texas 77340
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 ten (10.00) feet in width, containing 0.024 acre, more or
less, lying and being situated in the Thomas Gibbs, A-220, Walker County, Texas upon, over and
across a called 1.00 acre tract conveyed to Troy K. Pegoda, et al by deed recorded in Volume
397, page 174 Deed Records, Walker County, Texas, said 0.024 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.
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00003637 OR 1023 856
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
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000003637 OR. 1023 857
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.
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
presents to be executed by its duly authorized representative this I.C *\& day of
, 2012.
Grantor(s): ■L, r, (,e
Tro ' . Pegoda
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00003637 OR 1023 858
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF \(LG4 I }
BEFORE ME, a Notary Public, on this day personally appeared Troy K. Pegoda,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 O14147CE on this the (CQTvn. day of
)1)14w\ , 2012.
Ovv411111k1 1Q-
Notary blic, State otitexas
4i;ar F ( JANET J. RIDLEY
Return to Grantee's Address: a
?j—A,Ici a Notary Public
City of Huntsville, Texas k.;, /\ STATE OF TEXAS
1212 Avenue M 74, OF +' My Comm Exp February I,2014
Huntsville, Texas 77340 mu"�"
Page 4 of 4
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01)003637 OR 1023 859
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 10 FOOT WIDE UTILITY EASEMENT(0.024 AC.)
UPON
ANNIE P. JONES, ET AL PROPERTY
THOMAS GIBBS SURVEY,A-220, WALKER COUNTY, TEXAS
Being a strip of land ten(10.00)feet in width, containing 0.024 acre of land, situated in the
THOMAS GIBBS SURVEY, Abstract No. 220, Walker County, Texas, and being out of, upon and a
part of a called 1.00 acre tract described in a Gift Deed from Alice Pegoda to Annie P. Jones, et al dated
June 17, 1982 recorded in Volume 397,page 174, Deed Records, of Walker County, Texas, said 0.024
acre being described by metes and bounds as follows:
BEGINNING, at the north corner of said Jones, et al 1.00 acre tract and the east corner of a
called 0.50 acre tract described in a Deed from Richard Alan Belovsky to Beth Ann Belovsky dated
January 31,2005 recorded in Volume 678,page 15, Official Public Records of Walker County,Texas,
found a 3" diameter concrete monument for corner, having coordinates of N= 10,257,359.08 feet and
E= 3,805,932.34 feet, from which a 18" Sweet Gum(found)bears S 28°W 15.0 feet;
THENCE S 56°44'34"E,with the northeast line of said Jones,et al 1.00 acre tract and the
southwest right-of-way line of State Highway No. 190, a distance of 104.38 feet to the east corner of said
Jones, et al tract and a north corner of a parcel of the unsold balance, or residue, of a called 276 acre tract
described in a Deed from W. S. Gibbs, et al to Gibbs Brothers& Company dated December 30, 1916
recorded in Volume 40,page 39,Deed Records, and currently owned by Gibbs Brothers& Company,
L.P. by virtue of Affidavit Pertaining to Conversion By General Partnership to Limited Partnership dated
May 7, 1999 from Edwin G. Sandhop,Jr.,Affiant to the Public recorded in Volume 387,page 251,
Official Public Records, said corner being also the most northerly corner of a called 0.8751 acre Utility
Easement granted to the City of Huntsville,Texas dated August 2, 1986 recorded in Volume 25,page
38, Official Public Records, a point for corner, from which a 1"iron pipe(found)bears S 33°37'49" W
0.34 foot and a concrete right-of-way monument(TxDOT type, found) bears
S 56°44'34"E 102.15 feet;
THENCE S 33°37'49" W, with the southeast line of said Jones, et al 1.00 acre tract, a northwest
line of said Gibbs Brothers & Company, L.P. residue parcel and the most northerly northwest line of said
City of Huntsville 0.8751 acre Utility Easement, a distance of 10.00 feet,to a point for the south corner
II of the herein described 0.024 acre, from which a point for the south corner of said Jones, et al 1.00 acre
tract bears S 33°37'49" W 408.48 feet,which is witnessed by a 20" Sweet Gum(found) bears
N 49°06' W 19.3 feet and a 16" Sweet Gum (found) bears N 79°22' E 2.2 feet;
THENCE N 56°44'34" W, parallel with the northeast line of said Jones, et al 1.00 acre tract and
the southwest right-of-way line of State Highway No 190, a distance of 104.37 feet to a point in the
northwest line of said Jones, et al tract and the southeast line of said Belovsky 0.50 acre tract, from
which(1)a 1-1/2"iron pipe found for the south corner of said Belovsky 0.50 acre tract, in the northwest
EXHIBIT "A"
Page 1 of 2
10 Ft.wide—0.024 Ac.U.E. Page 2
Annie P.Jones,et al
T.GIBBS SUR.,A-220
Walker County,Texas
line of said Jones, et al 1.00 acre tract,bears S 33°33'20"W 199.71 feet, said iron pipe being witnessed
by a
19"Hickory(found)bearing S 46°W 27.6 feet and(2)a 5/8"iron rod found for the west corner of said
Jones,et al tract bears S 33°33'20"W 407.90 feet;
THENCE N 33°33'20"E,with the northwest line of said Jones, et al 1.00 acre and the southeast
line of said Belovsky 0.50 acre tracts, a distance of 10.00 feet to the POINT OF BEGINNING.
NOTES:
1. For further information, see Plat of Proposed Utility Easement labeled Exhibit`B"prepared
concurrently with the legal description herein.
2. All distances to witness trees are to the face of tree.
Surveyed: July 2011
Signed • 6(l
Leonard E. Woods
Reg. Prof. Land Surveyor No.2524
Y:\SURVEYORS\PROJECTS\COH11\UE\081026\081026_24.fns.doc
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LEONARD E.WOODS
(• � 2524
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Bk Vol Ps
00003637 OR 1023 860
EXHIBIT "A"
Page 2 of 2
POINT OF BEGINNING
Fnd 3' do Conc. Mon.
'Sfl,y \ N- 10,257,359.08 Ft.
/ E- 3,805,932.34 Ft.
�O Fnd 18' S.G. S 28' W 15.0
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•ti ss. °�4) Q °�^ a0 !„10003637 OR 1023 861
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NOTES: Line Table
I. Unless otherwise noted, corners of the proposed 10 foot wide Utility Line No. Bearing Length
,,::
Easement are not monumented.
LI S 33°37'49" W 10.00
2. See Metes and Bounds description prepared concurrently herewith. L2 N 33°33'20• E 10.00
3. All distances are to the face of the 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 & Geodetic Survey) Primary Airport Control Station (PACS)
monument designated 'T39 A" having published NAD 83 0993) coordinates of
N. 3128,437.762 Meters and E. 1,154,289.433 Meters.
Distances shown hereon are U. a Survey Feet in 'GRID' units and may be converted M
to 'Geodetic Horizontal' units by dividing by a combined scale factor of 0.99988.
I, Leonard E. Woods, certify that this plat represents o survey made
on the ground under my supervision and that all corners, unless otherwise Z
noted, are 1/2" iron rods with 2" diameter aluminum cap stamped
"City of Huntsville, L. E. Woods RP .S. 2524" (Standard Corner).
Signed' • a/4i7.4$14.--
Leonard E. Woods
Reg. Prof. Land Surveyor No. 2524
July I, 2011
.0...OF pi,
. t-.6 s r e.-,7- , PLAT OF SURVEY OF ,-
dilliPROPOSED 10 FOOT WIDE UTILITY EASEMENT
Leonard E. Woods UPON
:tea 2524 +�: k v ANNIE P. JONES, ET AL PROPERTY
l,9NO Suit-iA Public Works g-Huntsville CITY OF HUNTSVILLE
448 State Hwy. 75 North THOMAS GIBBS SURVEY A-220
Huntsville, Texas 77320
Project No. 08-10-26 WALKER COUNTY, TEXAS
Y'\SURVEYORS\PROJECTS\COHI l\UE\081026\081026_24.DWG JULY 2011
EXHIBIT "B" SCALE I' - 60 FEET