Deeds - 5/14/2012 - Armin Business Inc. - 3972 Bk Val Ps
00003563 OR 1023 568
UTILITY EASEMENT
Project No. 08-10-26; Tax ID No. 2900-074-0-01200 CITY SECRETARY FILE
ID. # '5°%'12-
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 8, 2012
Grantor: Armin Business, Inc., a Texas Corporation
Grantor's Mailing Address: P. O. Box 7316
Huntsville, (Walker County), Texas 77342-7316
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 0.072 acre, more or
less, lying and being situated in the Pleasant Gray League, A-24, Walker County, Texas upon,
over and across a called 0.472 acre tract conveyed to Armin Business, Inc., A Texas Corporation
by deed recorded in Volume 669, page 62, Official. Public Records, Walker County, Texas, said
0.072 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
Bk Val Ps
00003563 OR 1023 569
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
Bk V 1 P.s
00003563 OR. 1023 5 70
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. The City of Huntsville will replace all concrete and the City will not
impose any parking restrictions on the use of the existing concrete area of said property.
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has caused these
presents to be executed by its duly authorized representative this day of
Mal,- , 2012.
Armin Business, Inc., a Texas Corporation
C
By: ��
Siraj S. Ali, P esident
zl
Page 3 of 4
Bk Vol P.s
00003563 OR 1023 571
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF \i•14 W-e r }
BEFORE ME, a Notary Public, on this day personally appeared Siraj S. Ali, President of
Armin Business, Inc., 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 't-- day of
VNIVA- Q� , 2012.
416 0 , 41111■ 12",-C1-4'2(
Notary ' blic, State exas
Return to Grantee's Address:
City of Huntsville, Texas ��!"-� °e, JANET J. RIDLEY I '
1212 Avenue M *; �'; # Notary Pubic
a STATE OF TEXAS
Huntsville, Texas 77340 �'�oF �
My Comm Exp Febntary I,2014
Page 4 of 4
Bk Vol P
00003563 OR 1023 57-)
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(0.072 AC)
UPON
ARMIN BUSINESS,INC. PROPERTY
PLEASANT GRAY LEAGUE,A-24, WALKER COUNTY, TEXAS
Being a strip of land ten(10.00)feet in width, containing 0.072 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 0.472 acre tract described in a Deed from H. L. Byrd to Armin Business, Inc. dated January 4,
2005 recorded in Volume 669,page 62, Official Public Records of Walker County, Texas, purportedly the :r
same tract described as"Part II"in a Deed from Bluebonnet Development Company to H. L. Byrd dated
January 1, 1980 recorded in Volume 352,page 347,Deed Records of Walker County, Texas, which is
comprised of the unsold balance of a called 1.362 acre tract described in a Deed from H. L. Byrd to
Bluebonnet Oil Company dated October 22, 1969 recorded in Volume 224,page 356, Deed Records, and
a called 0.038 acre tract described in a Deed from Samuel G. Ellisor, et al to Bluebonnet Oil Company
dated April 19, 1970 recorded in Volume 227,page 417, Deed Records, said 0.072 acre being described
by metes and bounds as follows:
BEGINNING,at a northwest corner of said Armin Business, Inc. 0.472 acre tract and the
northeast corner of a called 0.841 acre tract described in a Substitute Trustee's Deed from William L.
Durham to Samuel P. Johnson and Tony E. Doughtie dated March 3, 2009 recorded in Volume 891,page
838, Official Public Records, found a 5/8"iron rod(top bent) for corner in the south right-of-way line of
State Highway No 190,having coordinates of N= 10,258,873.03 feet and E=3,803,436.40 feet;
THENCE S 69°34'34"E,with the north line of said Armin Business, Inc. 0.472 acre tract and the
south right-of-way line of State Highway No 190, a distance of 146.21 feet to the Point of Curvature of a
curve to the right, having a Radius of 2814.45 feet, a Central Angle: of 3°37'33"and a Chord of
S 67°45'48"E 178.08 feet;
THENCE southeasterly continuing with the north line of said Armin Business, Inc. 0.472 acre tract
and the south right-of-way line of State Highway No 190, along said curve to the right,an arc distance of
178.11 feet to the east corner of said Bluebonnet Oil Company 0.038 acre tract,a point for corner at the
intersection of the south right-of-way line of State Highway No 190 with the north right-of-way line of a
City-maintained street known locally as 13th Street, from which a power pole bears N 85°00' W 13.6 feet
(to its center) and a 1/2" iron(found)bears S 87°31'55" W 7.77 feet;
THENCE S 87°31'55"W, with the south line of said Bluebonnet Oil Company 0.038 acre tract
and the north right-of-way line of 13th Street, a distance of 22.56 feet to a point for corner;
THENCE northwesterly,parallel with the north line of said Bluebonnet Oil Company 0.038 acre
tract and said Armin Business,Inc. 0.472 acre tract and the south right-of-way line of State Highway No
190, along a curve to the left,having a Radius of 2804.45 feet, a Central Angle: of 3°12'48"and a Chord
of N 67°58'10" W 157.27 feet, an arc distance of 157.29 feet to a Point of Tangency;
EXHIBIT "A"
Page 1 of 2
10 Ft.wide—0.072 Ac.U.E. Page 2
Armin Business,Inc.property
P.GRAY LGE.,A-24
Walker County,Texas
THENCE N 69'34'34"W,continuing parallel with the north line of said Armin Business,Inc.
0.472 acre tract and the south right-of-way line of State Highway No. 190, a distance of 146.89 feet to a
point for the southwest corner of the herein described 0.072 acre in a west line of said Armin Business,
Inc. tract and the east line of said Johnson and Doughtie tract, from which a 5/8"diameter hole found
drilled in concrete, in the north right-of-way line of 13th Street,for the common south corner of said
Armin Business, Inc. 0.472 acre and Johnson and Doughtie 0.841 acre tracts bears S 24°19'36"W 137.07
feet;
THENCE N 24°19'36"E,with the west line of line of said Armin Business,Inc. 0.472 acre tract
and the east line of said Johnson and Doughtie 0.841 acre tract,a distance of 10.02 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 8n C
Leonard E. Woods
Reg. Prof Land Surveyor No2524
Y:i SURVEYORStPROJECTStCOH111UEW810261081026 9.fns.doc
Al„,.OF f7•
LEONARD E.WOODS
�•q 2524 Q
9,rISE)R'3
Bi-. V 1 F s
00003563 OR 1023 573
EXHIBIT "A"
Page 2 of 2
v c3-1.1-32: 5:17-—-4
Bk.
00003563 OR
POINT OF BEGINNING
Fad 5/8 L rod (bent)
N. 10,258,873.03 Ft.
E. 3,803,436.40 Ft. 8 r
„.
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-..„,.....
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6 Of life%
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t ti 13■ Armin Business, Inc
Of
c.
c Call 0.472 Ac. 669/62, Q.P.R.
--,,
•---.. ,,
--,
Ref. H. L. Byrd
--... 1
352/347 D.R. (Part ID
t''''A, --... -..
Fnd 5/8" Ora Hoie in Conc.
S 87°3155" W 340.22 Ref.1.39luebwne62 Ac. i 2°1241/3Cw"P O.R.0 • Ca:270/.477 A. ***'. .-^.. _ u
_
S 87°31'55' W 362.78 ___-
---i-
_
"*"....-.....
13th STREET _
, f ,
1
n\ i r
,
.,
Line Table Ca 1
Line No. Sewing Length
LI S 87°31'55" W 22.56 ILI
10.02
L2 N 24°19'36' E D 11
- Z
ILI
I
Curve Table
>
Curve No. Radius Central Angle Arc Length Chord Bearing Chord Length < 1
C I 2814.45 3°37'33* 178.11 S 67°45'48' E 178.08
1 ,
C 2 2804.45 3°12'48" 157.29 N 67°58'10* W 157.27
I 1
NOTES=
I. Unless otherwise noted, corners of the proposed 10 foot wide Utility
Easement are not monumented.
2. See Metes and Bounds description prepared concurrently herewith.
Coordinate System, Basis of Bearings and Linear Unitst
Coordinates and bearings hereon are referred to the Texas Coordinate System of 1983,
Centro( Zone, and based on the position of Nationd Geodetic Survey (formerly known as
the U. 8. Coast a Geodetic Survey) Primary Airport Control Station (PACS) monument
designated 'T39 A' having published NAD 83 0993) coordinates of N- 3)28.437.762
Meters and E. 1)54,289.433 Meters. 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 factor of 0.99988.
I, Leonard E. Woods, certify that this plat represents a survey made
on the wound 'ruler 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
Z
jC°C..)
Signed+ A -.0111.4L • ... .4-0..."41‘;
Leonard E. Woods
Reg. Prof. Land Surveyor No. 2524
July I, 2011
1,„1‘1-•PI-3..4'
illp PLAT OF SURVEY OF
s
62•.,,,G _i .te..i.s, ilk PROPOSED 10 FOOT WIDE UTILITY EASEMENT
*.. 71K- o.*
UPON
Leonard E. Woods
. 110*.1%11111.11 ARMIN BUSINESS, INC PROPERTY
..# 2524 v.':
(...t`r City of Huntsville CITY OF HUNTSVILLE
/96-- . - ,',""k
sijit4 Pubic Works - Surveying
448 State Hwy. 75 North PLEASANT GRAY LEAGUE, A-24
Huntsville, Texas 77320 WALKER COUNTY, TEXAS
Project No. 08-10-26 JULY 2011
YASURVEYORS\PRO.ECTS\COH11\UE\081026\081026_9.DWG
SCALE 1" = 50 FEET
EXHIBIT "B"