Deeds - 5/8/2012 - Samuel Dominey Jr. - 3971 EE. Vol Ps
00003561 OR 1023 553
WLD:em
CITY SECRETARY FILE
UTILITY EASEMENT ID. # 31
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL 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: Executed on the respective dates of the acknowledgments of each of the Grantors to be
effective as of the 10th day of January, 2012
Grantor: Samuel C. Dominey, Jr.
Modsvi lie, Walker-
Grantor's Mailing Address: 2700 Lake Road,may,Zriaity 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 77340
Easement Property:
Being a strip of land variable in width,containing 0.6396 acres situated in the LEWIS
COX LEAGUE, Abstract No. 13, Huntsville, Walker County, Texas, more
particularly described on Exhibit A attached hereto and made a part hereof for all
purposes.
Easement Purpose:
Solely for the installation, construction, operation, maintenance, inspection, testing,
replacement,repair,alteration,move location and removal ofunderground utility lines
and related facilities(the"Facility")to provide utility services by Grantee or Grantee's
successors to customers or users of such services.
Consideration:
Good and valuable consideration, the receipt and sufficiency of which are
acknowledged by Grantor.
Reservations from Conveyance:
For Grantor and Grantor's heirs, successors, and assigns, a reservation of all the oil,
gas and other minerals owned by Grantor that are in and under the Easement Property
and that may be produced from it.
Exceptions to Warranty:
1. all reservations, covenants, conditions, restrictions, building set-back lines,
easements and rights-of-way, if any, that affect the Easement Property;
2. all mineral severances, mineral reservations,royalty reservations and mineral
leases, if any, that affect the Easement Property; and
3. all laws,ordinances and regulations of the United States of America and of the
State of Texas, or any political subdivision thereof, including,but not limited
to, those of any county, city, village and/or governmental district that affect
the Easement Property.
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
successors, an easement over,upon,across and under the Easement Property for the
Easement Purpose only (collectively, the "Easement"), to have and to hold the
Easement to Grantee and Grantee's successors only for as long as the Easement is
used solely for the Easement Purpose. 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 successors against every person whomsoever lawfully claiming
or to claim the Easement or any part of the Easement, except as to the Reservations
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00003561 OR 1023 554
from Conveyance and Exceptions to Warranty,to the extent that such claim arises by,
through, or under Grantor but not otherwise.
Terms and Conditions:
The following terms and conditions apply to the Easement granted by this agreement:
1. Character and Duration of Easement. The Easement is only for the benefit of
Grantee and Grantee's successors and shall be used by Grantee and Grantee's successors only for the
Easement Purpose. The Easement shall automatically terminate when it is no longer used by Grantee
or Grantee's successors for the Easement Purpose.
2. Reservation of Rights. 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 agreement.
3. Use. Grantee's use of the Easement Property shall not unreasonably interfere with
Grantor's use of the Easement Property,however, Grantor,except as otherwise provided for herein,
shall not construct, nor permit to be constructed or erected, any permanent 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 permanent structure not consented to by Grantee
without reimbursement to Grantor or Grantor's heirs, successors,and assigns,or licensees. Grantor
reserves the right to erect fences across and upon the Easement Property provided that such fences
will not injure or interfere with Grantee's rights under this agreement and provided that such fences
shall have gates,openings,or removable sections which will permit Grantee access to all parts of the
Easement Property. Grantor and Grantor's heirs, successors, and assigns shall have the right to use
the"Facility,"for its intended purpose,to develop all or part of the Grantor's 248.20 acre tract upon
which the"Facility"is situated. Utility extensions, upgrades and connections that may be necessary
for usage of the "Facility,"except as outlined in the City of Huntsville Development Code, shall be
at the sole expense of the Grantor and Grantor's heirs, successors, and assigns.
4. Improvement and Maintenance ofEasement Property. 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, unless otherwise provided for herein. All matters
concerning the Facility and its configuration,construction,installation,maintenance,replacement,and
removal are at Grantee's sole discretion. Grantee shall restore the surface of the ground of the
Easement Property to the same or similar condition which it was prior to initial installation of the
Facility and,in the event of future repair,replacement,inspection or maintenance work,shall likewise
restore the surface of the ground of the Easement Property. Grantee shall not cut, nor in any way
damage, any timber, regardless of age on Grantor's lands adjacent to said Easement Property.
Grantee shall not in any way damage any portion of Grantor's real property or improvements thereon
which are adjacent to the Easement Property.
5. Equitable Rights of Enforcement. This Easement may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and commanding
compliance. Restraining orders and injunctions will be obtainable on proof of the existence of
interference or threatened interference,without the necessity of proof of inadequacy of legal remedies
or irreparable harm, and will be obtainable only by Grantor and Grantor's heirs, successors and
assigns or by Grantee and Grantee's successors; provided, however, that the act of obtaining an
injunction or restraining order will not be deemed to be an election of remedies or a waiver of any
other rights or remedies available at law or in equity.
6. Attorney's Fees. If either party retains an attorney to enforce this agreement,the party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
7. Binding Effect. This agreement binds and inures only to the benefit of the Grantee and
Grantee's successors and to Grantor and Grantor's heirs, successors and assigns.
8. Choice of Law. This agreement will be construed under the laws of the state of Texas,
without regarding to choice-of-law rules of any jurisdiction. Venue is in the county or counties in
which the Easement Property is located.
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00003561 OR 1023 555
9. Counterparts. This agreement 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.
10. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting party
fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth
in this agreement does not preclude pursuit of other remedies in this agreement or provided by law.
11. 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 agreement and all transactions contemplated by the same.
12. Indemnity. To the extent not prohibited by applicable law, each party agrees to
indemnify,defend,and hold harmless the other party from any loss,attorney's fees,expenses,or claims
attributable to breach or default of any provision of this agreement by the indemnifying party.
13. Integration.This agreement contains the complete agreement ofthe parties 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 agreement.
14. 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 agreement will be construed as
if the unenforceable provision had never been a part of the agreement. 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 agreement are for reference only and are not intended to
restrict or define the text of any section. This agreement will not be construed more or less favorably
between the parties by reason of authorship or origin of language.
15. Notices. Any notice required or permitted under this agreement must be in writing.
Any notice required by this agreement 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 agreement.
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.
16. Recitals. Any recitals in this agreement are represented by the parties to be accurate,
and constitute a part of the substantive Easement.
17. Time. Time is of the essence.Unless otherwise specified,all references to "days"mean
calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date for
performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for
performance will be the next following regular business day.
.5":gorMj CsPi$4,444p XYZ/
SAMUEL C. DOMIN Y, JR.
THE STATE OF TEXAS §
COUNTY OF WALKER §
This instrument was acknowledged before me on the day of I ,2012,
by SAMUEL C. DOMINEY, JR.
is
NOT A RY PUBLIC, STA OF XAS
A MESA SOAPE
Notary Public
.0, STATE OF TEXAS
my Cow.Exp.May 23,2012
Page 3 of 4
Vol Ps
00003561 OR 1023 556
GRANTEE'S ACCEPTANCE AND APPROVAL
The City of Huntsville, Texas, accepts this Utility Easement and agrees to and approves all
of the terms and provisions set forth in it.
THE CITY OF HUNTSVILLE, TEXAS
By: II • CL
tyiheivv% City 14 GAuttscr
ATTEST:
_miwilowit , City Secretary
THE STATE OF TEXAS §
COUNTY OF WALKER §
, This instrikment was acknowledged before me on the 1/(f-f day of fty ,2012,
by C hks,c iPt A-1-0 City Manager of THE CITY OF HUNTSVILLE, TEXAS.
41.=,A-reti
MARY JOYNER
Paget.
* Notary Public
STATE OF TEXAS
to, NO%jTV*P115., ---1 OF TEXAS
41E'0E-tot
My Comm.Exp.08/17/2014
Page 4 of 4
.
Exhibit"A"
m
lf)
FIELD NOTES
147 PROPOSED VARIABLE WIDTH PUBLIC UTILITY EASEMENT(0.6396 ACRES)
OUT OF
C.1
r4 THE CALLED 248.20 ACRE DOWNEY TRACT
Being a strip of land variable in width, containing 0.6396 acres situated in the LEWIS COX LEAGUE,
IX
Z Abstract No. 13, Huntsville, Walker County, Texas, and being a part of the called 248.20 acre tract
0
0,) described in the deed from NBC Bank Houston, National Association to Sam C. Dominey dated
February 18, 1989 and recorded in Volume 90, Page 488 of the Official Public Records of Walker
County, Texas (O.R.W.C.), said 0.6396 acres being more particularly described by metes and bounds as
follows:
14)
0 COMMENCING: at a found capped 5/8-inch iron rod (Rods Surveying) in the southeast line of the
called 248.20 acre Dominey tract, said iron rod marking the south corner of a called 0.633 acre City of
1: Huntsville tract (Veterans Memorial Parkway) described as "Parcel 17" recorded in Volume 403, Page
867 (O.R.W.C.) and being in the most southerly northwest line of a called 125.35 acre William R.
Woodward tract recorded in Volume 149, Page 616 (O.R.W.C.);
THENCE: S 42° 54' 08" W along the common line of the called 248.20 acre Dominey tract and the
called 125.35 acre Woodward tract for a distance of 530.15 feet to the POINT OF BEGINNING at the
east corner of this 0.6396 acre tract and having coordinates of N= 10,249,883.19 feet and E=
3,792,133.16 feet;
THENCE: S 42° 54' 08" W continuing along said common line for a distance of 29.31 feet to a
aluminum capped 5/8-inch iron rod (Murray&Moorer RPLS 1572)marking the common most-westerly
corner of the called 125.35 acre Woodward tract and the called 105.13 acre State of Texas, Sam Houston
State University tract recorded in Volume 50, Page 145 of the Walker County Deed Records
(W.C.D.R.);
THENCE: into the interior of the called 248.20 acre Dominey tract for the following five (5) calls:
1) N 58° 17' 55" W for a distance of 506.65 feet for corner,
2) N 34° 20'21" W for a distance of 364.41 feet for corner,
3) N 55°44'29" E for a distance of 312.15 feet for corner,
4) N 34° 15'43" W for a distance of 439.54 feet for corner and
5) N 55° 44' 17" E for a distance of 10.00 feet for corner in the southwest line of The Aldersgate
Trust 9.00 acre tract recorded in Volume 840 Page 379 (0.R.W.C.);
THENCE: S 34° 15'43" E for a distance of 459.54 feet to a found capped 5/8-inch iron rod(J.S. Moorer
RPLS 1572) for the south corner of the said 9.00 acre tract;
THENCE: continuing through the interior of the called 248.20 acre Dominey tract for the following four
(4) calls:
1) S 55°44'29" W for a distance of 302.12 feet for corner,
2) S 34° 20'21" E for a distance of 340.13 feet for corner,
3) S 58° 17' 55" E for a distance of 495.95 feet for corner and
4) N 85° 55' 56" E for a distance of 14.97 feet to the POINT OF BEGINNING and containing
0.6396 acres (27,859.3 sq. ft.) of land, more or less.
I, Kevin R McClure, Registered Professional Land Surveyor, State of Texas, No 5650, do hereby
certify that the above field notes represent a survey made on the ground of the above described tract or
parcel of land. Coordinates and bearings herein are referred to the City of Huntsville Mapping Control
Network and are based on the published NAD 83 (1993) coordinates of Control Points 7405 and 6292
having coordinates of N= 10,250,324.726 feet and E= 3,792,541.517 feet and N= 10,251,784.608 feet
and E= 3,791,555.964 feet respectively. Distances, shown hereon are U.S. Survey Feet in "Geodetic
Horizontal" and may be converted to the City of Huntsville 4.= ! Control Network by multiplying
by a Combined Scale Factor of 0.99988. OF
. .......
A.Y>S'\g763.4:•;1:9
* k
See Plat for further information. ,
Surveyed in June, 2011. ;of
4 KEVIN R. McCL
EXHIBIT A -15'0 565°
Page 1 of 2
v•-•
S
/c General Notes: \ \ `
/ 1. Coordinates and bearings, shown hereon, are referenced to the \ \� �'�' O1 �9 `
City of Huntsville Mapping Control Network, and based on the e_ — �J' \
/ position of Control Points 7405 and 6292 having coordinates \ 000 0,}_ )[} rt�� _rjr
9.00 Acres of N= 10,250,324.726 feet and E= 3,792,541.517 feet and a
Now or F armed.), / N= 10,251,784.608 feet and E= 3,791,555.964 feet \\ City of e�o \ \
The A/dersgate Trust respectively. ■ Mon /'/ant �Q� \
/ 2. Distances, shown hereon, are geodetic horizontal and may be No, St'i//e \
Vol. 840, Pg. 379 (OR) converted to the City of Huntsville Mapping Control Network by .....
74 p5 ���' Q'
/ multiplying by a Combined Scale Factor of 0.99988. *Q
3. Unless otherwise noted, corners for the proposed easement \ 1 262 y
/ are not monumented. 0.633 Acre City of Huntsville ■\ parcel Nora City of
/ 4. See metes and bounds (Exhibit "A") for more descriptive Parcel No. 17 (403/867 OR) \ 18 yon
\ information. \ 0.25 \ (3g9r400 v///e
6"3 / Pores More City o
f
L2 Nj.sr. 3;F // ► P.O.C. \(3gg�400 0 e
5434 /
/ \
45'9S4. . 1 1
ItZis, / 1
o LINE TABLE
I
Scale:
LINE BEARING DISTANCE 1"=100'
L1 S 42'54'08" W 29.31' 1
1
Q• L2 N 55'44'17" E 10.00'
N N L3 N 85'55'56" E 14.97' Zn 1 125.35 Acres (Remainder)
-CI m ) O�i 1 Wi%Now/iamrWoodward■_ '� 10 1 Vol. 149, Pg. 616 (DR)
NJ CO / / i
o =1 <v y� 3
NJ D t 0 W
0
Dry ,�, 0 °i C.
`J `J C. V' t�'
C) 248.20 Acres (Remainder) Col cn
Now or Formerly ut I vF i
Sam C. Dominey
Vol. 90, Pg. 488 (OR) ON 1 a ti�V
/ e
N Q,oQ% f,
IN , A CD
248.20 Acres (Remainder) `S 34" I / z Ppf o({(�Le 5•
��
Now or Formerly �O- I 0 0
Sam C. Dominey •c'/... / i D5 Al°tote 0 S 1k
Vol. 90, Pg. 488 (OR) '/3¢, �', Variable Width Public Utility Easement 1 i 1 tot P9.
o
?�<-�,. `4013.
0.6396 Acres N 27,859.3 sq. ft. I / 0�Joy 5
5 <
LEGEND ' 3x44 N N L,3 I i/ t~. Q
O - 5/8" Iron Rod Found (Capped Rods Suveying) 1'
® — 5/8" Iron Rod Found ((Capped Murray Sc Moorer RPLS 1572) S 58'1755° E — 495.95' I 1.) P B IQ
Q - 5/8" Iron Rod Found Capped J.S. Moorer RPLS 1572)
D.R.— Walker County Deed Records t E.• 3,792,33.169
O.R.— Walker County Official Records N 58'17'55" W — 506.65'
P.O.B.— Point of Beginning
P.O.C.— Point of Commencing
1
�}
P.U.E.— Public Utility Easement CA
10000173-003-02 — Revised 10/21/11 0 IA 1 W
McCLURE& BROWNE ENGINEERING/SURVEYING, /NC • 1008 Woodcreek Drive, Suite 103 • Co/age Station, Texas 77845 • (979) 693-38c48
10 Ft.wide—0.022 Ac.U.E.
Page 2
Iglecia Apostoles Y Profeta EF 2-20 Church
P.GRAY LGE.,A-24
Walker County,Texas
THENCE N 19°52'45"E, with the common west line of said Church and Perez 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.
Surveyed: July 2011.
•
Signed a At?,4,
■
Leonard E. Woods
Reg. Prof Land Surveyor No 2524
Y:1SURVEYORStPROJECTSICOH11 UE1081026t081026_41ns.doc
. ta.
LEONARD E.WOODS
2524
,c44:6-
'474;-t'fs s
°Sii14•19*-.
B k Vol P s
0 0 0 0 3 5 6 2 OR 1 023 565
EXHIBIT"A"
Page 2 of 2
I
r
Bk. V431. P9
00003182 0R 1M�t 1 S
POINT OF BEGINNING
'y Ro Pokt b► south R.O.W. Me SR 190
�,_W 4/4o N- 10,259,165.69 Ft.
`�� \�.. E- 3,802,650.47 Ft.
`� Fad 2" r. pipe q '
—,� bears N 40'554"E 1.04
�, p�ti`� NIGH
Coro�o7 „0 -4�. 69°�ra a -'-.,f A..--or bi " o
o// O O F" s
S9c'-60 �S,4cPea „(o �!`L,---- Q* �s `..- 40's 43 'rSb
.pR w 9�--....--1 'Sat.5' Vet.
«3
co ,oego,.a 698 '\ `?�oy
to ~� �0� �QOt Ut///t \1 �. ~
° 3 q
b
0, Vii Q; ........
Fnd 4• aria Wooden Q ^ 06
fence corner post i h N N co
3 Randy L. Gardner
Cl) tc)(..) in and John Cooper
q O a Randy L. Gardner Call 0.213 Ac.
° p Undivided 1/2 Interest 430/403, D.R.
O O 424/868 DR.Ci
Q Q
CO co
C 't1 O Randy L. Gardner and
Qe �. Dick Shultz
,U) M Cddl 0.598 Ac 352/145, D.R.
I
I
Fad 1/2' I. rod _
Fad 1/2'L rod w/pbestle cap 'NE McAdams 2005"
beers S 067428'E 5.61
NOTES' Line Table
Line No. Bearing Length
I. Unless otherwise noted, corners of the proposed 10 foot wide Utility
Easement are not monumented. LI S 2°04'45" W 10.53
2. See Metes and Bounds description prepared concurrently herewith. L2 N 19°52'45" E 10.00 1
1
Coordnate System. Bass of Bearings and Linear Units.
Coordinates and bearings hereon are referred to the Texas Caordnate System of 1983, Ch
:entrd Zone, and based on the position of National Geodetic Survey (formerly known as
he U. S. Coast & Geodetic Survey) Primary Airport Control Station (PACS) monument
IesigR ated 'T39 A' having published NAD 83 0993) coordinates of N- 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 to "Geodetic Horizontal' units by dvidng by a Z
=dried scale factor of 0.99988.
Leonard E. Woods, certify that this plat represents a survey made
n the ground under my supervision and that off corners, unless otherwise
oted, are 1/2" iron rods with 2" diameter aluminum cap stamped
:ity of Huntsville, L. E. Woods R.P.L.S. 2524' (S d ner).
Signed*
Leonard E. Woods I
Reg. Prof. Land Surveyor No. 2524
OF July I, 2011 PLAT OF SURVEY OF
41'4,6 S ' = �, PROPOSED i O FOOT WIDE UTILITY EASEMENT
*:t * UPON
Leonard E. Woods IGLECIA APOSTOLES Y PROFETA
:* 2524 ��: 4%62°40 EF 2-20 CHURCH PROPERTY
(4,46,"°"'f RV -ic) City of CITY OF HUNTSVILLE
448 State Hwy, 75 North PLEASANT GRAY LEAGUE, A-24
Huntsvile, Texas 77320 WALKER COUNTY, TEXAS
%Much No. 0840-26 JULY 2011
Y%\SURVEYORS\PRO,ECTS\COH11\UE\081 O26\OBI 026_4.WG
SCALE I" - 50 FEET
EXHIBIT "B"