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Deeds - 5/18/2012 - The Aldersgate Trust - 3978 Vol F'� 000037 1 1024 412 UTILITY EASEMENT Tax ID No. 2401-022-0-0600 CITY SECRETARY FILE ID. # 3918 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 7, 2012 Grantor: The Aldersgate Trust, A Texas charitable organization Grantor's Mailing Address: 1440 Lake Front Circle, Suite 110 The Woodlands (Montgomery County), Texas 77380 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 0.0092 acre (400 square feet), more or less, lying and being situated in the Lewis Cox League, Abstract No. A-14, Huntsville, Walker County, Texas upon, over and across a called 5.390 acre tract designated as Lot 1 of The Aldersgate Trust Subdivision, Plat of said subdivision recorded in Volume 5, page 97, Plat Records, Walker County, Texas, said 5.390 acre Lot 1 being out of and a part of a called 9.00 acre tract conveyed to The Aldersgate Trust, a Texas Charitable organization by deed recorded in Volume 840, page 379, Official Public Records, Walker County, Texas, said 0.0092 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 OR Ps 00003751 R 1024 413 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 Val F's 000037"-5 1 OR. 1024 414 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, h caused these presents to be executed by its duly authorized representative this / day of , 2012. The Aldersgate Trust, a Texas charitable organization By /C____,7111 Brad Stewart, Director Page 3 of 4 Bk V01 P9 00003751 OR 1024 415 THE STATE OF TEXAS } � /' } ACKNOWLEDGMENT COUNTY OF I t 0 YI+'GJ'prrIP t- } BEFORE ME, a Notary Public, on this day personally appeared Brad Steward, Director of the Aldersgate Trust, a Texas Charitable organization, 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 /j day of RAkL , 2012. J Dn 24,,,,,,,J �o�' :,";� MARIA E. BREWER Not Public, State of Texas `, % Notary Public,State of Texas 3i'.... My Commission Expires ,,,�„1. May 20,2014 Return to Grantee's Address: City of Huntsville, Texas 1212 Avenue M Huntsville, Texas 77340 Page 4 of 4 Bk VD1 Ps 0000371 OR 1024 416 EXHIBIT"A" FIELD NOTES 20' x 20' PUBILIC UTILITY EASEMENT 0.0092 Acres (400 Square Feet) Being all that certain tract or parcel of land lying and being situated in the LEWIS COX LEAGUE, Abstract No. A-14 in Huntsville, Walker County, Texas and being part of Lot 1 of THE ALDERGATE TRUST SUBDIVISION recorded in Volume 5, Page 97 of the Walker County Plat Records (W.C.P.R.) and being more particularly described by metes and bounds as follows: COMMENCING: at a found 1/2-inch iron rod marking the the southeast corner of said Lot 1, same being the north corner of Lot 2 of said THE ALDERGATE TRUST SUBDIVISION; THENCE: N 34° 15' 40" W along the northeast line of said Lot 1, same being the southwest right-of- way line of Veterans Memorial Parkway for a distance of 79.68 feet to the POINT OF BEGINNING; THENCE: into the interior of said Lot 1 for the following three(3) calls: 1) S 55° 44' 20" W for a distance of 20.00 feet for corner, 2) N 34° 15' 40" W for a distance of 20.00 feet for corner, 3) N 55° 44' 20" E for a distance of 20.00 feet for corner in the said northeast line of Lot 1, from whence a found capped 5/8-inch iron rod (IS. Moorer RPLS 1572) marking the north corner of said Lot 1 bears N 34° 15'40" W at a distance of 430.95 feet for reference; THENCE: S 34°15' 40" E along the northeast line of said Lot 1, same being the southwest right-of-way line of Veterans Memorial Parkway for a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.0092 acres (400 square feet)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 o , ground of the above described tract or parcel of land. ‘.1-&, .4 See Plat(Exhibit"B")for further information. /1- Surveyed in March, 2012. 1,1 H. ** *** Pc v 565■ fib Page 1 of 1 . , . McCLURE&BROWNE ENGINEERING/SURVEYING,INC•1008 Woodcreek Drive, Suite 103•College Station, Texas 77845•(979)693-3838 10000173-010-01 rr EXHIBIT "8" \ \ ti Bk Val F's \ 6340 <5`, 0CI0003711 OR 1024 417 \ ° s moo' O. \\ \ , \ \Oa^a'7\ t �s. G \c^ o��o %TTo, ,,\ <' ,, o ,93, \ ar � p �c",1 , 9 a � 3 N 55'44'20" E '," '' 0 20.00' \ '.`>1. S 34'15'40" E o o A,4 PUBLIC UTILITY EASEMENT \ 20.00' ° �l O 0.0092 Acres (400 square feet) P.O.B. �J '1?-0 A, N 34'15'40" W 20.00' \ Z\ o S 55'44'20" W 7S 20.00' \ ;o., \ 1 4- l Lot 1 \ \ The Aldersgote Trust Subdivision Vol. 5, Pg. 97, W.C.P.R. \ / P.O.C. / \ 1/2" Iron Rod Found / e \ ‘.)• \'7 , Q:z, '/\ \ \ / / V V \ \ / V Lot 2 \ \ / The Aldersgate Trust Subdivision r / Vol. 5, Pg. 97, W.C.P . SCALE: Hor: 1" = 30' I0 15' 30' 60' GENERAL NOTES: 1. BASIS OF BEARINGS: Bearings, shown hereon, are based on northeast line of Lot 1 of THE ALDERSGATE TRUST SUBDIVISION having a bearing of S 34' 15' 40" E. LEGEND 2. Unless otherwise noted, corners for the proposed D.R. - Walker County Deed Records easement are not monumented. O.R. — Walker County Official Records 3. Distances, shown hereon, are geodetic horizontal. P.R. - Walker County Plot Records 4. See metes and bounds (Exhibit "A") for more descriptive P.A.E. - Public Access Easement information. P.O.B. - Point of Beginning P.O.C. — Point of Commencing P.U.E. — Public Utility Easement PR.U.E.— Private Utility Easement R.O.W. — Right—of—Way SBL — Set Back Line IA °,0 -. -I Q....: , kfi el-p 0 0 p _ it 14 O 'PI a perr7 Iz 0 0 Ilt IC aig fspc 7a 77 cc c Tl r Tl i9 0 at 7 S 3 =-. 7<-I It 7 '7 -, 0. in fl s+ a9 in p r e9 m Ip C m fp 0 n = ID 7 K r Ip "7 7 N O 0 fl fl rr fp al r* 7C f1 7 N C'7? N X-O ,9 �, rr Z FJ (7 �a N N a - 0 Z S 7Oa IJ C,O' f�— C7-0.LC CO Q N , O • �© 1J i 4?0 0 K s ID O p N 7 f0 p r. Cr_ Q C .9 C �6•'7 7' 19 ID 0. -7 t+•fl Ic 7 rr S R x '1 -. 0 it O-.IC Cl 0" 1 7 rr 0- rr UI I c0•r ' Fes"` Co 7, "I ►00 9 ul O ►" .. >r C fp -. r 0 ,.. R f,17 1 cll N ul y GJ 7 -1 C p . 'M CI-9 It Ti O ,.. v >> p Rr- fD 44 O R1 0 N 70 CO