Deeds - 4/30/2014 - TxDoT Right-of Way CSJ #0109-09-061, CS#4062 - CS #4062 COPYOR 1119a
Notice of Confidentiality Rights: If you are a natural person,you may remove or strike any of the
following information from this instrument before it is filed for record in the public records: your
Social Security Number or your Driver's License Number.
Form ROW-N-14 CITY SECRETARY FILE
(Rev.07/13)
Page 1 of 3 I D .# A 0 G 2
DEED
TxDOT ROW CSJ: 0109-09-061
TxDOT Parcel No.: 1
Grantor(s),whether one or more:
City of Huntsville,Texas
Grantor's Mailing Address(including county):
1212 Ave.M
Huntsville,Texas 77340
Walker County
Grantee:
The State of Texas,acting by and through the Texas Transportation Commission
Grantee's Authority:
The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land
and such other property rights(including requesting that counties and municipalities acquire highway right of
way)deemed necessary or convenient to a state highway or turnpike project to be constructed,reconstructed,
maintained, widened, straightened, or extended, or to accomplish any purpose related to the location,
construction, improvement, maintenance, beautification, preservation, or operation of a state highway or
turnpike project.
The Texas Transportation Commission is also authorized under the Texas Transportation Code,Chapter 203
to acquire or request to be acquired such other property rights deemed necessary or convenient for the
purposes of operating a state highway or turnpike project,with control of access as necessary to facilitate the
How of traffic and promote the public safety and welfare on both non-controlled facilities and designated
controlled access highways and turnpike projects.
Grantee's Mailing Address(including county):
125 E. 11 h Street
Austin,Texas 78701
Travis County
* N 1 4
Form ROW-N-14
(Rev.07/13) s
Page 2 of 3 V 1:l 1 1F=°,�
Consideration: J. i. 4 P a
The sum of Sixty-Five and no/100 Dollars($65.00)to Grantor in hand paid by Grantee,receipt of which is
hereby acknowledged,and for which no lien is retained,either expressed or implied.
Property:
All of that certain tract or parcel of land in Walker County,Texas,being more particularly described
in the attached Exhibit A(the"Property').
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made by Grantor and accepted by Grantee subject to the following:
1. Visible and apparent easements not appearing of record.
2. Any discrepancies,conflicts, or shortages in area or boundary lines or any encroachments or any
overlapping of improvements which a current survey would show.
3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Walker County, Texas, that affect the
property,but only to the extent that said items are still valid and in force and effect at this time.
Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and
assigns,to take and use all other minerals and materials thereon,therein and thereunder.
Grantor is retaining title to the following improvements ("Retained Improvements') located on the
Property,to wit:
Grantor covenants and agrees to remove the Retained Improvements from the Property by-------day of
--------, 20_, subject to such extensions of time as may be granted by Grantee in writing. In the event
Grantor fails, for any reason, to remove the Retained Improvements within the time prescribed, then,
without further consideration,title to all or part of such Retained Improvements not so removed shall pass
to and vest in Grantee,its successors and assigns,forever.
Access on and off Grantor's remaining property to and from the State highway facility shall be permitted
except to the extent that such access is expressly prohibited by the provisions set out in Exhibit"A". Grantor
acknowledges that such access on and off the State highway facility is subject to regulation as may be
determined by the Texas Department of Transportation to be necessary in the interest of public safety or by
applicable local municipal or county zoning,platting or permitting requirements.
GRANTOR,for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular
the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's
successors and assigns forever. Grantor binds Grantor and Grantor's heirs,successors and assigns to Warrant
and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against
every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
F.
Form ROW-N-14 E.9 f_.3!.,g B)_2';�9 2
(Rev.07/13) D . .� :� ' p 9 0
Page 3 of 3
EXECUTED on the date(s)of acknowledgement indicated below.
GRANTOR:
City of Huntsville,Texas
By:
M B it
Title: City Manager
Acknowledgment
State of Texas
County of Walker
This instrument was acknowledged before me on
by Matt Benoit as City anager
of the City of Huntsville.Texas
�'`�� MARY JOYNER
Notary Public
STATE OF TEXAS
**0F eF e6 My Comm.Exp.0 Notary Publics signature
8/1112014
%J 1.
EXHIBIT "-A-"
CITY OF HUNTSVH LE,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.
PARCEL I -COH to TXDOT
1,648 SQUARE FOOT PARCEL
UPON
CITY OF HUNTSVILLE, TEXAS PROPERTY
ELIHUDAVIDS SURVEY,A-157, WALKER COUNTY, TEXAS
Being a parcel of land, containing 1,648 square feet of land,more or less, situated in the ELIHU
DAVIDS SURVEY,Abstract No. 157,Walker County, Texas,and being out of a portion of two parcels
Deeded from Fred B. Smith,Jr.,and wife Mae Belle Smith to the City of Huntsville,Texas(City),the
first a called 50 foot by 50 foot parcel,dated June 26, 1958 and recorded in Volume 159,page 298,
Deed Records of Walker County,Texas,and the second a called 50 foot by 5 foot parcel,dated April 27,
1962 and recorded in Volume 182,page 227,Deed Records,said two parcels currently being utilized by
the City for Water Well No. 13,said 1,648 square feet and being described by metes and bounds as
follows:
COMMENCING,for reference only,at the intersection of the west right-of-way line of State
Highway No. 19 with the northeast right-of-way line of State Highway No.75,said State Highway No.
75's right-of-way being 80 feet in width according to a Quit Claim Deed from Mary H.Rather to
Walker County,Texas dated February 18, 1925 and recorded in Volume 54,page 529,Deed Records,
said point of commencing being a 5/8"iron rod,having coordinates of N= 10,248,912.12 feet and E=
3,805,589.59 feet,found for the south corner of a called 0.339 acre parcel described,as"Parcel 52", in a
Deed from Fred B. Smith,Jr. and wife,Mae Belle Smith to the State of Texas dated September 24, 1969
and recorded in Volume 223,page 416, Deed Records and the southwest corner of LOT 1 of the
McCOY ADDITION subdivision as delineated on a Plat recorded in Volume 3,page 3,Plat Records of
Walker County,Texas;
Page 1 of 3'
C.O.H.Water Well No. 13
PARCEL 1—COH to TXDOT v c.3 I
E.DAVIDS SUR.,A-157 G a 0HM�2'� ' F :1 :I
Walker County,Texas
THENCE N 40°44'49"W,with the northeast right-of-way line of State Highway No. 75 and the
southwest line of said State of Texas"Parcel 52",a distance of 242.98 feet to the POINT OF
BEGINNING,being the southwest corner of said City 50 foot by 5 foot parcel,set a masonry nail with
a 1-1/2"steel washer stamped"L.E. Woods R.P.L.S.2524"for corner in a newly constructed concrete
sidewalk;
THENCE N 40°44'49"W,with the northeast right-of-way line of State Highway No. 75 and the
southwest lines of said City parcels, a distance of 54.99 feet to the northwest corner of said City 50 foot
by 50 foot parcel and the most southerly southwest corner of a called 13.129 acre parcel described,as
"Parcel 56B", in a Deed from Marion Rather Powell to the State of Texas dated July 3, 1970 and
recorded in Volume 228,page 722,Deed Records,a point for corner in a newly constructed traffic on-
ramp for State Highway No. 19,from which a concrete right-of-way monument(TxDot Type 1), found
with a broken top, for the most westerly southwest corner of said State of Texas"Parcel 5613",bears
N 40044'49"W 753.47 feet;
THENCE N 87°15'30"E,with the north line of said City 50 foot by 50 foot parcel and the most
southerly line of said State of Texas"Parcel 56B",a distance of 49.99 feet to a point for the northeast
corner of said City 50 foot by 50 foot parcel and the most northerly northwest corner of said State of
Texas"Parcel 52";
THENCE S 40°44'49"E,with the northeast line of said City 50 foot by 50 foot parcel and the
most northerly southwest line of said State of Texas"Parcel 52",a distance of 24.21 feet to a point for
corner;
THENCE S 499511"11"W a distance of 24.39 feet to an iron rod with aluminum cap set for
corner within said City 50 foot by 50 foot parcel;
THENCE S 40°44'49"E a distance of 11.72 feet to a point for corner in the south line of said
City 50 foot by 5 foot parcel;
THENCE S 87°15'30"W,with the south line of said City 50 foot by 5 foot parcel,a distance of
19.03 feet to the POINT OF BEGINNING.
Page 2 of 3
C.O.H.Water Well No. 13
PARCEL 1—COH to TXDOT
E.DAVIDS SUR.,A-157
Walker County,Texas 1 n 14. V c.3 1 F
C-40002992 0 R 1119 93
NOTES:
1. For further information, see Plat of Proposed Property Exchange titled"PARCEL 1"prepared
concurrently with the legal description herein.
2. All aluminum caps,noted herein,are 2"diameter stamped"City of Huntsville L.E. Woods R.P.L.S.
2524".
Surveyed: September 2012.
Signed
Leonard E. Woods
Reg.Prof.Land Surveyor No.2524
YASURVEYORS\PROJECTS\COHI2WIISC SURVEY\WELL SITE 13\TxDot final Survey dods/PARCEL_1 TXDOT.fis.doc
*t E,OF, f
L IYaRD E°woos°
<9.9® 252
Page 3 of 3
Q ��—Fnd. Conc. R.O.W. Mon. (TXWT Type 1)
Fred Cane. R.O.W. Mon. with broken (op
(TXOOT r 11 State Highway No. 19
wlrn brakeXtdp 9 Y
MWSW cor. Parcel 568 (formerly Loop 405) z
Right-of-Way width varies = Montwa/k Holdings, Ltd.
• o V. 413, P. 310, O.P.R.
2 PARCEL 568 - 13.129 AC. `; (Res. V. Y, p. 127, D.R.)
DSA•nom V. 228, P. 722, D.R.
Chi Clt T@XOs / "— Newly constructed
y of HuntsvlNe,
of o / concrete driveway
V. 159, P. 298, D.R.
/ ("�'� w/cub and gutter
V. 182, P. 227, D.R.
Pont In'aVWt PROPERTY LINE
NW car.!C.O.H Prop.
' N 87°1530" E 148.91 __—
�••, ........................ � Fnd 5/8" L rod
L2 Pdnt N. 10,249,144.99 Ft.
��t I E- 3,805,543.83 Ft.
LiTable PARCLFt, Pont I
Line Na Bearkm Length a 1,6 \, e I v c
LI N 40°44'49" W 54.99 tom 'off o \ Waw 13 y\ c. Z � W
.. m R n I 0
L2 N 87.15'30• E 49.99 `�••.. I 3 I fl U
L3 8 40'4449" E24.21
9rq, �\ •�•LLISPo/nt point I Z I Q M Q
L4 8 49°15'11- W 24.39 Q a (Nn
L5 8 40144'49• E 11.72
a I
L6 8 87M30"5' W 19.03 \ sD I Q �- > t
n N
tr `gip,.. vp
;,w
1 a_ o
Nt
VZ 0 CL
NOTES p�Q -o f II I lzh
lz
I. Unless otherwise noted, all corners of PARCEL I are monumented ► p m.\•� �<) t7s nA
with a 1/2" Iron rod with a 2" diameter aluminum cap stamped "City O 4.
of
of Huntsville, L. E. Woods R.P.L.B. 2524'_
2- See Metes and Bounds descriptions prepared concurrently herewith. � •••�� / N
3. Related documents,
(A). A CONSENT TO USE OF DRIVEWAY granted by MontwalkZp0 /
Holdings, Ltd, to the City of Hu!tsvik Texas, dated August 17, 2012
lu
and recorded M Vol. 1040, pg. 366, Official Public Records of Walter ••
County, Texas. S pp
(B). Letter from the Texas Department of Transportation, dated A� •'•
May 14, 2013, filed as City Secretary File I.D. ° 4033, acknowledging s
the 'Consent to Use of Driveway- described above. M 'PI-
CO
Q
CO ��
Coordinate System, Basis of Bearings and Linear Lklits, c, c'�`;; •. `
Coordinates and bearings hereon are referred to the Texas Coordinate System of 1983, Central %� .`.•. p
Zone, and based on the position of National Geodetic Survey (formerly known as the U. S. Coast z \ 1
8 Geodetic Survey) Primary Airport Canhd 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 shown hereon are U. S. Bovey Feet in "GRID" uYts and may be converted to 'a!
'Geodetic Horizontal" units by dividing by a combined scale factor of 0.99988. \ y
!'a
I, Leonard E. Woods, certify that this plot represents a survey 1�
on the ground under my direct supervision / ;
POINT OF COAOFA CCBY19 g 1
FOR PARCEL I
Signed � � PLAT OF SURVEY OF Fnd 5/8'h rod
Leonard E. WoodsMu
Reg. Prof. Land Burveyor No. 2524 PARCEL I N- 10,248,912.12 Ft.
OF September 10, 2012 E. 3,805,589.59 Ft.
00
s Tr q�fYs OF A PROPERTY EXCHANGE BETWEEN THE TEXAS\
*.� o.* DEPARTMENT OF TRANSPORTATION AND THE ��
Leonard E. Woods d% CITY OF HUNTSVILLE, TEXAS 0IN \
2524 CITY OF HUNTSVILLE o
a?Q ELIHU DAVID8 SURVEY, A-157 '�
SUit��'yo Public Works y of tying WALKER COUNTY, TEXAS �\G��,
448 State Hwy. 75 North �-
Huntsvile, Texas 77320 SEPTEMBER 2012 0\
Y-\SURVEYORS\PROJECTS\COH12\MISC SURVEY\WELL SITE 13\PARCEL I_TXDOT.DWG SCALE V - 40 FEET �O 1
//Y� sr,� KGs
EXHIBIT of A 99
4N
Filed for Record in:
Walker County
On: Asir 3M1114 at 02:393
As a
Recordings
Go,ument plumber: 01)(1020M
Amount: 54.00
Receipt Number - 83898.
By►
Jessica Dykstra
STATE OF TEXAS COUNTY OF WALKER
I hereby certify that this instrument was
filed on the date and time stamped hereon by me
and was duly recorded in the volume and page
of the named records of:
Walker County
as stamped hereon by me.
Apr 3M014
Kari A. French: Walker County Cl:_rk
Walker County