Deeds - 5/31/2012 - AMBI Investments LLC - 3982 Bk Vc,1 Ps
00003980 OR 1025 578
UTILITY EASEMENT CITY SECRETARY FILE
Project No. 08-10-26; Tax ID No. 4700-131-0-00800 3 82
ID. #.
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 31, 2012
Grantor: AMBI INVESTMENTS, LLC, a Texas Limited Liability Company
Grantor's Mailing Address: 105 Royal Oaks
Huntsville, Walker County, Texas
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 0.063 acre, more or
less, lying and being situated in the Pleasant Gray League, A-24, Walker County, Texas upon,
over and across the called 0.344 acre and 0.303 acre tracts described as "Tract 1" and "Tract 2"
respectively conveyed to AMBI Investments, LLC, a Texas Limited Liability Company by deed
recorded in Volume 905, page 233, Official Public Records, Walker County, Texas, said 0.063
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 l of 4
ha
Bk Vol F's
00003980 OR 1025 579
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
00003980 OR 1025 580
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. Considerations. In exchange for said utility easement, the City of Huntsville will
construct one concrete drive on said property from the street to the proposed sidewalk
approximately 24'x10'.
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
presents to be executed by its duly authorized representative this I Si- day of
Ma , 2012.
AMBI Investments, LLC, a Texas Limited Liability Company
By:
'tkumar Patel, Manager
Page 3 of 4
B k Val F'
00003980 OR 1025 581
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF Nisi GakU' }
BEFORE ME, a Notary Public, on this day personally appeared Amitkumar Patel,
Manager of AMBI Investments, LLC, 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 OFFICE on this the 3'5# day of
titGw' , 2012.
c . I
Not lic, State ofxas
PR JANET J. RIDLEY OL9-e,va,
_°fie''
Return to Grantee's Address: ,2°,,- ( Notary Public
City of Huntsville, Texas
1,A •, N,,g STATE OF TEXAS I
1212 Avenue M ( � ot" ' My Comm Exp February I,2014
Huntsville, Texas 77340
Page 4 of 4
Bk. Q1 Po
0000039 80 OR 1025 582
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(0.063 AC.)
UPON
AMBI INVESTMENTS,LLC PROPERTY
PLEASANT GRAY LEAGUE,A-24, WALKER COUNTY, TEXAS
Being a strip of land ten(10.00)feet in width, containing 0.063 acre of land, situated in the
PLEASANT GRAY LEAGUE,Abstract No. 24, Walker County, Texas, and being out of,upon and a part
of a called 0.344 acre and 0.303 acre tracts described, as"Tract 1"and"Tract 2"respectively, in a Deed
from Mohammed Fazlul Karim and wife, Taslema A. Karim to AMBI Investments, LLC dated June 25,
2009 recorded in Volume 905,page 233, Official Public Records of Walker County, Texas, said 0.063
acre being described by metes and bounds as follows:
BEGINNING,at the northwest corner of said AMBI 0.344 acre tract, a point for corner at the
intersection of the east right-of-way line of a City-maintained street known locally as Sycamore Avenue
with the south right-of-way line of State Highway No. 190, same being a curve to the right,having a
Radius of: 1859.64 feet, a Central Angle: of 8°26'39"and a Chord of: S 77°11'40"E 273.83 feet, said
point of beginning having coordinates of N= 10,259,339.11 feet and E=3,802,071.35 feet and from which
a 1/2" iron rod(found)bears N 05°04'54" W 0.83 foot;
THENCE easterly with the north line of AMBI 0.344 acre tract and the south right-of-way line of
State Highway No. 190, along said curve to the right, at an arc distance of 88.73 feet pass a point for the
common north corner of said AMBI 0.344 acre and 0.303 acre tracts, continuing with the north line of
AMBI 0.303 acre tract and the south right-of-way line of State Highway No. 190, along said curve to the
right,a total arc distance of 274.07 feet to the northeast corner of said AMBI 0.303 acre tract and the
northwest corner of a called 0.29 acre tract described in a Deed from Thomas E. Blackard and wife,
Pauline Blackard to T-P& B.D.R. Enterprises, Inc. dated April 28, 1992 recorded in Volume 167,page
633,Official Public Records, said 0.29 acre tract being also described in a Release of Lien from T-P&
B.D.R. Enterprises,Inc. to Irma G. Garcia and Miguel Reyes dated July 13,2002 recorded in Volume 520,
page 448, Official Public Records, a point for corner from which a power pole bears S 04°41' E 18.9 feet
(to center);
THENCE S 02°38'34"E,with the east line of said AMBI 0.303 acre tract and the west line of said
T-P&B.D.R. Enterprises, Inc. 0.29 acre tract, a distance of 10.62 feet to a point for the southeast corner
of the herein described 0.063 acre, from which a point for the southwest corner of said AMBI 0.303 acre
tract and a northeast corner of a called 3.707 acre tract described in a Deed from Credit Loans,Inc. to
Iglecia Apostoles Y Profeta EF 2-20 Church dated October 1, 1995 recorded in Volume 264,page 851,
Official Public Records bears S 02°38'34"E 33.10 feet, from this corner, an iron rod found with a plastic
cap stamped"Savoy 5730"bears S 14°25'43"E 1.66 feet, a 5/8" iron rod found buried 6"bears S
02°38'34"E 35.44 feet and a 5/8" iron rod found buried 12"for the southwest corner of said T-P&
B.D.R. Enterprises,Inc. 0.29 acre tract bears S 03°31'27"E 49.95 feet;
EXHIBIT "A"
Page 1 of 2
10 Ft.wide—0.063 Ac.U.E. Page 2
AMBI INVESTMENTS,LLC B I` V c 1 P
P.GRAY LGE.,A-24 000 0398 0 OR 1025 583
Walker County,Texas
THENCE westerly across said AMBI 0.303 acre and 0.344 acre tracts,parallel with the north lines
of same and the south right-of-way line of State Highway No. 190,along a curve to the left,having a
Radius of: 1849.64 feet, a Central Angle of: 8°28'47"and a Chord of:N 77°06'05"W 273.49 feet, an arc
distance of 273.74 feet to a point for the southwest corner of the herein described 0.063 acre in the west
line of said AMBI 0.344 acre tract and the east right-of-way line of Sycamore Avenue, from which a point
in the asphalt paving of Sycamore Avenue for the southwest corner of said AMBI 0.344 acre tract and the
most westerly northwest corner of a called 0.465 acre tract described as"Tract 3"in said Deed to AMBI
bears S 05°04'54"E 181.00 feet, from this corner, a 5/8"iron rod found buried 14"for the southwest
corner of said AMBI 0.465 acre tract bears S 27°51'53"E 75.05 feet;
THENCE N 05°04'54" W,with the west line of said AMBI 0.344 acre tract and the east right-of-
way line of Sycamore Avenue, a distance of 10.29 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.
Surveyed: July 2011.
Signed C .
Leonard E. Woods
Reg. Prof. Land Surveyor No.2524
Y:\SURVEYORS\PROJECTS\COH 11\U E\081026\081026 1.fns.doc
\STI�'•'t'9
yQ te..
LEONARD E.WOODS
.4) 2524 oQ
CSUR'
EXHIBIT "A"
Page 2 of 2
.
POINT OF BEGINNING
Pabst In south Raw. dote S.M 190 E.1-t
N- 10,259,339.11 Ft. I. F°
E- 3,802,071.35 Ft. t_f c 0 t_t-9 8 0 0 r
Fnd 1/2• Iron Rod la'7 Is 4
N 05°04"54" W 083 T a,I yI._ _
G y
VV� .,
\
Ai 0
Row. one - of 9 0 unb
` Pabst In south R.O.W. dote Sit 190
i C ....... -- Pwr. pole S 04°41'E 18.9 €
n\ O • ProPvs o /�� Uti ``
• 0063i// Eos ` _
s Z D 4c,) me / ` --, I1 o .-\b•
\
7
■ \Q 3 0
CI Q Tract 2 Call 0.303 Ac. J
■ w a N.-- • .--o
0 O r-P d BAR Enterprises, Inc
tI C 2 Tract I • I cal 029 Ac. 167/633 0P.R
1`� U \ Call 0.344 Ac.
•
iz,'; �� AMBI Investments, — —
i LLC
Po in/ la corner
i V. 905 233, O.P.R. Fad Iron rod.ilk Savoy 5730'
1 p. bears 8 1475'43'E L66
Fad 5/8'Iron rod!6•cover)8 02'3834'E 35.44
• Pod 5/8'yon rod 82 mid 8r1C 167/633, oPR
boars 8 03'827•E 49.95
, ) " Tract 3 Call 0.465 Ac.
$`° Ig/eclo Aposto/es Y Profeto EF 2-20
1 Coll 3.707 Ac. 264/85/, O.P.R.
peo*6
er e; Line Table
y
Line No. Bearing Length
■1 0
L I N 5° 04' 54" W 10.29
■ KELLY SUBDIVISION NO. I I
I L 2 S 2° 38' 34° E 10.62
182/455, D.R.
IL3 S2° 38' 34" E 33.10
Curve Table
Curve No Radius Central Angle Arc Length Chord Bearing Chord Length
C I 1859.64 8° 26' 39• 274.07 S 77° 11' 40• E 273.83
C 2 1849.64 8° 28' 47" 273.74 N 77° 06' 05" W 273.49
NOTES:
I. Unless otherwise noted, corners of the proposed 10 foot wide Utility
Easement are not monu mented.
2. See Metes and Bounds description prepared concurrently herewith.
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 co
the U. 8. Coast & Geodetic Survey) Primary Airport Control Station (PACS) momrnent
designated •T39 A• having published NAD 83 (1993) coordinates of N- 3328,437.762
Meters and E- 1354289.433 Meters. Distances shown hereon are U. 8. Survey Feet in
*GRID' units and may be converted to *Geodetic Horizontal' units by dividing by a
combined scale factor of 0.99988. Z
I, Leonard E. Woods, certify that this plat represents a survey made
on the ground under my supervision and that all corners, unless otherwise
noted, are 1/2" iron rods with 2" diameter aluminum cap stamped
"City of Huntsville, L. E. Woods R.P.L.S. 2524" (Standard C: er).
Sided= LL'L. ,!
Leonard E. Woods
Reg. Prof. Land Surveyor No 2524 PLAT OF SURVEY OF
OF July I, 2011
h �F9,r PROPOSED 10 FOOT WIDE UTILITY EASEMENT
*.* o-* UPON
Leonard E. Woods **,nil"'
:; Zsz4 AMBI INVESTMENTS, LLC PROPERTY
e9�D SURV�yO� Public Works Huntsville CITY OF HUNTSVILLE
448 State Hwy. 75 North PLEASANT GRAY LEAGUE, A-24
Huntsville, Texas 77320 WALKER COUNTY, TEXAS
Project No 08-10-26 JULY 2011
Y'\SURVEYORS\PROJECTS\COH1 I\UE\081026\081026_1.DWG
EXHIBIT "B" SCALE le - 50 FEET