Deeds - 6/15/2012 - Utility Easement - CS File 3989-3990 Bk VD1 P9
00004332 0R 1027 364
UTILITY EASEMENT SECRETARY FILE
CITY Project No. 09-03-04; Tax ID No. 4700-148-0-01500
ID. #.Y1561 C 3141°
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 21, 2012
Grantor: Dennis Peters and wife, Linda A. Peters
Grantor's Mailing Address: 2113 Avenue M
Huntsville, 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 0.0214 acre, more
or less, lying and being situated in the Pleasant Gray League, A-24, Walker County, Texas upon,
over and across a tract of land conveyed to Dennis Peters and wife, Linda A. Peters by deed
recorded in Volume 388, page 657, Official Public Records, Walker County, Texas, said 0.0322
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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00004332 R 1027 365
Terms and Conditions: The follow ng 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 Easemeot Property, whether or not the Easement is referenced or described in any
conveyance of all or such portion of the Easement 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. In the event that the easement is no
longer needed or in use, the grantor may petition the City Council for abandonment.
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 unccconmrx, 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 mriok:rfere
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
-,
cot 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.
� • a°J
g. ° ' * .mo control porposcu, Uzc euocoeotdgbts grudherein
to ee shall
also include the right at any tim- ' '' re to add, const • ^ n, repair, or replace
concrete, rock rip rap or other improvements t• " =~ , ' � '' within or adjacent to creeks,
gullies, and other natural - as e water drainage courses, whet er • . 'thin the
Easeme " ; , or upon Grantor's' adjacent lands.
Page 2 of 4
Bk. Vol Ps
00004332 OR 1027 366
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.
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 this easement, the City of Huntsville will
construct, for the Grantor, two (2) new concrete driveways per City of Huntsville specifications
and requirements at 1304 21g Street and 1236 21st Street totaling approximately two thousand
and seven hundred forty (2740) square feet.
19. A fifteen (15) foot wide Temporary Construction Easement as depicted on plat in
Exhibit"B", attached hereto, shall be used during the construction phases of the proposed waste
water and drainage facilities.
IN WITNESS WHEREOF, Grantor, owner of the Easement Property, has used these
presents to be executed by its duly authorized representative this /1 day of
, 2012.
Grantor s • -- -11101111111116-
Dennis Peters
Li da A. Peters
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00004332 OR 1027 367
THE STATE OF TEXAS }
1 ACKNOWLEDGMENT
COUNTY OF afif:144-47 1
BEFORE ME, a Notary Public, on this day personally appeared Dennis Peters and Linda
A. Peters, known to me to be the persons whose names are subscribed to the foregoing
instrument and acknowledged to me that they executed the same for the purposes and
consideration therein expressed.
A
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ,te'l day of
07;e7rege, , 2012.
Atie .411,
ANNA MANNING
ii-itet Notary Public,State of Texas Notary Public, State of exas
My Commission Expires
.3401:$ May 14, 2016 40.19-
Return to Grantee's Address:
City of Huntsville, Texas
1212 Avenue M
Huntsville, Texas 77340
Page 4 of 4
Geo Solutions, LLC
Surveying & Mapping
25814 Budde Rd.
Spring, Texas 77380
B k V al P s
THE STATE OF TEXAS :
COUNTY OF WALKER : 00004332 OR 1027 368
I, Bill Wedelich, Registered Professional Land Surveyor No. 4098, 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. Grid coordinates and bearings hereon are referred to the Texas Coordinate System, Central
Zone NAD 83 and are referenced to the City of Huntsville mapping control network and are based on the published
positions of control points 6479, 7172 and 7501,having coordinates of N=10,254,491.39 feet, E=3,798,830.45 feet,
N=10,255,120.70 feet, E=3,798,156.39 feet and N=10,255,152.11 feet, E=3,798,803.06 feet respectively. 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
AND 15 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
UPON DENNIS PETER PROPERTY
P.GRAY LEAGUE,A-24, WALKER COUNTY, TEXAS
Being a strip of land ten foot wide, containing 0.0214 of an acre of land, situated in the P. GRAY
LEAGUE, A-24, Walker County, Texas, and being part of that certain tract of land conveyed from Darryl L.
Patrick and Wife, Bonnie J. Patrick to Dennis Peters and Wife, Linda A. Peters, by deed dated May 20, 1999, and
recorded under Volume 388, Page 657 of the Official Public Records (O.P.R.); said ten foot wide strip being
described by metes and bounds as follows:
COMMENCING from a found 1-1/4 inch iron pipe at southwesterly corner of that certain tract of land described
as First Tract conveyed to John S. Robinson III by deed and recorded in Volume 485, Page 847 of said Official
Public Records,being in the easterly line of that certain tract of land conveyed to John S. Robinson III by deed and
recorded in Volume 605, Page 696 of said Official Public Records, same being the northwesterly corner of said
Peters tract;
THENCE, North 86°03'38" East, along the southerly line of said First Tract, being the northerly line of said
Peters tract, a distance of 70.28 feet to the POINT OF BEGINNING of herein described ten foot wide easement,
and having coordinates of N=10,254,814.07 feet and E=3,798,416.89 feet;
THENCE, North 86°03'38" East, continuing along the southerly line of said First Tract, being the northerly line
of said Peters tract, a distance of 10.01 feet to a found 1/2-inch iron rod for an interior corner of said Robinson
tract, being the southwesterly corner of that certain called 0.565 acre tract of land conveyed to John Riley
Strickland by deed and recorded in Volume 126, Page 285 of said Official Public Records, same being the
northwesterly corner of that certain tract of land conveyed to Dennis Peters by deed and recorded in Volume 339,
Page 201 of said Official Public Records, and being the northeasterly corner of said Peters tract as recorded in
Volume 388,Page 657, from which a found 1-1/4-inch iron pipe bears South 06°08'East, 3.39';
THENCE, South 019 6'37" East, along the westerly line of said Peters tract as recorded in Volume 339, Page
201, being the easterly line of said Peters tract as recorded in Volume 388, Page 657, a distance of 93.42 feet to a
found 5/8-inch iron rod in the existing northerly right of way line of 21st Street, being the southwesterly corner of
said Peters tract as recorded in Volume 339, Page 201, same being the southeasterly corner of said Peters tract as
recorded in Volume 388,Page 657
THENCE, South 86°16'04" West, along the existing northerly right of way line of 21'Street, being the southerly
line of said Peters tract as recorded in Volume 388, Page 657, a distance of 10.01 feet, from which a found 1-1/4-
inch iron pipe for the southwesterly corner of said Peters tract bears South 86°16'04"West 70.58 feet;
THENCE, North 01°16'37" West, a distance of 93.39 feet to the POINT OF BEGINNING of the herein
described tract and containing 0.0214 of an acre(934 sq.ft.) of land.
NOTES:
1. For further information, see Plat of Proposed Utility Easement labeled Exhibit "B" prepared concurrently
with the legal description herein.
2. A proposed 15 foot wide temporary construction easement adjoins the westerly line of the proposed 10 foot
wide utility easement,herein described.
Revisions:
May, 2012—Revised the proposed 15 foot wide utility easement to a 10 foot wide utility easement.
,Ady
Surveyed: February 2011
City of Huntsville Pro
Signed 1144. At /
Bill uedelich RPLS No.4098
Exhibit "A"
Page I of 1
NOTES
1. THE TEMPORARY CONSTRUCTION EASEMENT, DEPICTED
HEREON, SHALL BE USED DURING THE CONSTRUCTION
AND TESTING PHASES OF THE PROPOSED WASTE WATER 0 15 30 60
FACILITIES.
BI-4.- Vji. 1" - Ps 30'
2. UNLESS OTHERWISE NOTED, CORNERS OF THE
PROPOSED 15 FOOT WIDE UTILITY EASEMENT ARE NOT — .... _.....,,
MONUMENTED. 1-01-1111-1113 4.,-1, 2 OR 1027 369
3. SEE METES AND BOUNDS DESCRIPTION PREPARED
CONCURRENTLY HEREWITH.
i I 1 I
, , 1
1
PROPOSED 20 FOOT WIDE r RAY LEAGUE,
, 1 .
UTILITY EASEMENT - -A-24-
, JOHN RILEY STRICKLAND
FIRST TRACT I CALLED 0.565 AC.
1
1
JOHN S. ROBINSON, III , , - ,- VOL. 126, PG. 285
VOL. 485, PG. 847 O.P.R.
O.P.R.
P.O.B.
END. 1/2"IR
N=10,254,814.07
E=3,798,416.89 END. 1-1/4 IP ,
WITHER DEED
P.O.C. 8029 _PETERS DEED ....-1v—
STRICKLAND DEED
END. 1 02'
N860335,53;6E, . 51
i--I/4"1P ■ FND.CMON END.CMON
ni l'■.
0(e'
(r) _I .PI DENNIS PETERS ,t
z CI tr)
Ea a- DENNIS PETERS t.,..p.,., 0) id
VOL. 339, PG. 201 4*
c.) *
657 i, 1 . . .PG
388
VOL .. 11 o PR
ct,r) • . 388, PG. 4 4
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-to O.P.R. 0 c) st
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BACK-oF CURB* •I - -- ----- - - -
21 ST STREET
• (as manumented)
No. BEARING DISTANCE
I, BILL WEDELICH, CERTIFY THAT THIS PLAT REPRESENTS A SURVEY (A L1 N86'03'38"E 10.01'
PROPOSED IC UTILITY EASEMENT AND A PROPOSED 15' TEMPORARY L2 586'16'04"W 10.01'
CONSTRUCTION EASEMENT) MADE ON THE GROUND UNDER MY
SUPERVISION AND THE CORNERS ALONG THE WEST SIDE HAVE NOT BEEN
SET AND CORNERS ON EAST SIDE ARE FOUND AS NOT D.
ixii w DATUM STATEMENT
GRID COORDINATES AND BEARINGS HEREON ARE REFERRED TO
THE TEXAS COORDINATE SYSTEM NAD83, CENTRAL ZONE, AND
BILL WEDELICH ARE REFERENCED TO THE CITY OF HUNTSVILLE MAPPING
(..„.„..,,,--"T''
R.P.L.S. No. 4098 , -,::..'..., CONTROL NETWORK AND ARE BASED ON THE PUBLISHED
POSITIONS OF CONTROL POINTS STATE COORDINATE VALUES
.... 4..
4. 'c,.E. Q.1 7..' \\,. .6479, 7172 AND 7501, HAVING COORDINATES OF
\1N** ' 7.*.i:**':.t1
A co/G1 A ,r,, .. ;1.:\I N=10,254,491.39 FEET, E=3,798,830.45 FEET,
.:1„..4 .. ‘,... ,,.*. N=10,255,120.70 FEET, E=3,798,156.39 FEET, AND
,..
A ,.. N=10,255,152.11, E=3,798,803.06 FEET RESPECTIVELY.
,.....i.. ...........4./../.. "...-, DISTANCES SHOWN HEREON ARE U.S. SURVEY FEET IN "GRID"
4 LL -KJ Li(,,,,ri
4./Vi UNITS AND MAY BE CONVERTED TO "GEODETIC HORIZONTAL"
4
UNITS BY DIVIDING BY A COMBINED SCALE FACTOR OF
:,::
Revisions
05/2012-Changed from a Proposed 15 r,,,bot Wide Utility PLAT OF SURVEY OF
Easement and added 15 Foot Temporary Construction PROPOSED 10 FOOT WIDE
Easement
UTILITY EASEMENT AND
City of Huntsville Proj.# 09-03-04 15 FOOT TEMPORARY
"67,;„ • CONSTRUCTION EASEMENT
UPON
Solutions LLC
Solutions, DENNIS PETERS PROPERTY
r . CITY OF HUNTSVILLE
25814 Budde Road P. GRAY LEAGUE, A-24
; Spring, Texas 77380 WALKER COUNTY,TEXAS
" "
Phone:281-681-9766 Fax:281-681-9779 FEBRUARY,2011
B
Project No. 10-157-009 - DWG: 10157009-Peters.dwg EXHIBIT SCALE 1"=30 FEET