910 North Street, Nacogdoches, TX, 75961
Mr. Matthew Minick May 11, 2022
County of Hardin
300 West Monroe
Kountze, TX 77625
RE: Tracking #21-294--0.057 acre right-of-way easement, A. Thouvenir Survey, Abstract No.469 in
Hardin County, Texas and 0.057 acre right-of-way easement, Mary Adams Survey, Abstract No.62 in
Hardin County, Texas
Dear Mr. Minick:
I have calculated the cost for the above referenced easements for the County of Hardin’s bridge
replacement project. The total charges for both easements will be $5,500.00
Please remit payment to THREETREE SOUTHERN GROWTH LLC and two executed originals of
each easement to:
c/o Cherrie Young
ThreeTree Southern Growth LLC
6425 Youree Drive, Suite 160
Shreveport, LA 71105
321-794-4638
Once signed on behalf of ThreeTree Southern Growth, LLC I will return one fully executed original to
you. Please let me know if you have any questions.
Thank you,
Misty Bowie
Senior Land Records Specialist
Manulife Investment Management Forest Management Inc
936 553 3102
mbowie@manulife.com
67310550v1
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.
EASEMENT
THE STATE OF TEXAS §
COUNTY OF HARDIN §
Date: ____________________, 2022
Grantor: THREETREE SOUTHERN GROWTH LLC
Grantor's Mailing Address: 8570 Business Park Drive, Suite 200, Shreveport, Caddo Parish,
Louisiana 71105
Grantee: COUNTY COMMISSIONERS, HARDIN COUNTY, TEXAS, and their
successors in office.
Grantee's Mailing Address: 300 West Monroe Street, Kountze, Texas 77625
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged.
Easement Property:
EASEMENT #1 BEING 0.057 acre, more or less, right-of-way located in the A. THOUVENIER
SURVEY, A-469, Hardin County, Texas, being a ten foot (10’) wide right-of-way more particularly
described in Exhibit "A" attached hereto and made a part hereof for all purposes; and,
EASEMENT #2 BEING 0.057 acre, more or less, right-of-way located in the MARY ADAMS
SURVEY, A-62, Hardin County, Texas, being a ten foot (10’) wide right-of-way more particularly
described in Exhibit "A" attached hereto and made a part hereof for all purposes;
With both herein described rights-of-way lying and being situated north and south of an existing forty
foot (40’) prescriptive easement as shown on Exhibit “A” attached hereto and made a part hereof for
all purposes.
Dominant Estate Property:
Said EASEMENT #1 is a part of a called 1,043.17 acre tract described in a deed to Grantor recorded in Clerk’s
File No. 2021-119714, Official Public Records, Hardin County, Texas.
Said EASEMENT #2 is a part of a called 1601.15 acre tract described in a deed to Grantor recorded in Clerk’s
File No. 2021-119714, Official Public Records, Hardin County, Texas.
Easement Purposes:
To be used as part of the underlying acreage upon which a bridge and public road will be replaced
with a new bridge and public road, located and used to provided free and uninterrupted pedestrian
and vehicular ingress and egress and free flow of public traffic.
Reservations from and Exceptions to Conveyance and Warranty: All matters of record.
Covenant by Grantee: Grantee covenants that its demolition, construction, maintenance
and repair work will not impede the flow of water under the bridge so as to cause flooding,
erosion or other damage to the dominant estate property of Grantor.
Grant of Easement: Grantor, for the consideration and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys under threat of condemnation to Grantee and
Grantee's successors, and assigns, an easement over, on and across the Easement Property solely for
the Easement Purposes, together with all and singular the rights and appurtenances thereto in anywise
Tracking #21-294
67310550v1
belonging, (collectively, the "Easement"), to have and to hold the Easement to Grantee, Grantee's heirs,
successors, or assigns forever. Grantor binds Grantor and Grantor's successors, and assigns to warrant
and forever defend the title to the Easement to Grantee and Grantee's successors, and assigns against
every person whomsoever lawfully claiming or to claim the Easement or any part thereof, except as to
the reservations from and exceptions to conveyance and warranty.
Terms and Conditions: The following terms and conditions apply to the Easement granted
by this agreement:
1. Character of Easement. The Easement is irrevocable. The Easement is for the
benefit of Grantee and Grantee's successors, and assigns, and for road and bridge
use by the general public.
2. Duration of Easement. The duration of the Easement is perpetual.
Provided, however if Grantee officially closes the road, the Easement property shall
revert to the then owners of the land under the Easement property.
3. Equitable Rights of Enforcement. This Easement may be enforced by any right or
remedy available at law or in equity under the laws of the State of Texas.
4. Binding Effect. This agreement binds and inures to the benefit of the parties and their
respective heirs, successors, and permitted assigns; and to the General Public.
5. Choice of Law. This agreement 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.
6. Integration. This agreement contains the complete agreement of the 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.
7. Legal Construction. If any provision in this agreement 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.
8. 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 hanged by written notice delivered as provided herein.
9. Recitals. Any recitals in this agreement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
(The remainder of this page is intentionally left blank.)
67310550v1
GRANTOR:
THREE TREE SOUTHERN GROWTH
LLC
Manulife Investment Management
Timberland and Agriculture Inc, its
Manager
BY:
Derek Solmie
Vice President
ACKNOWLEDGEMENT
STATE OF NORTH CAROLINA )
) ss
COUNTY OF MECKLENBURG )
I, _______________________________, a Notary Public in and for said County and State,
hereby certify that ______________________________, whose name as Vice President of
Manulife Investment Management Timberland and Agriculture Inc, a Delaware corporation, on
behalf of THREETREE SOUTHERN GROWTH LLC, a Delaware limited liability company,
as its Manager, signed to the foregoing instrument and who is known to me (or satisfactorily
proven), acknowledged before me on this day that, being informed of the contents of the instrument,
he, as such officer and with full authority, executed the same voluntarily for its stated purposes (on
the day the same bears date) on behalf of such entities for and as the act of said entities.
Given under my hand and official seal on ________________, 2022.
Notary Public
My commission expires:
(Seal)
67310550v1
GRANTEE:
COUNTY OF HARDIN
BY:
Wayne McDaniel
Hardin County Judge
ACKNOWLEDGEMENT
STATE OF TEXAS )
) ss
COUNTY OF HARDIN )
I, _______________________________, a Notary Public in and for said County and State,
hereby certify that ______________________________, who, being by me duly sworn, did say
that he is the _______________________ of COUNTY OF HARDIN, signed to the foregoing
instrument and who is known to me (or satisfactorily proven), acknowledged before me on this day
that, being informed of the contents of the instrument, he, as such officer and with full authority,
executed the same voluntarily for its stated purposes (on the day the same bears date) on behalf of
such entities for and as the act of said entities.
Given under my hand and official seal on __________________, 2022.
Notary Public
My commission expires:
(Seal)
PREPARED BY:
GEE OGLETREE
Adams and Reese LLP
300 Renaissance
2018 Highland Colony Parkway, Suite 800
Ridgeland, MS 39157
(601) 292-0740
AFTER RECORDATION, PLEASE RETURN TO:
Gee Ogletree
S:\Sectors\Survey\Projects\LJAS184 (Hardin County Pct 2)\2101_Flat Cypress Creek Bridge Easement\07 Documents\A Thouvenir Easement.docx
DECEMBER 15, 2021
SURVEYOR’S FIELD NOTE DESCRIPTION
BEING a 0.057 acre, more or less, right-of-way easement tract or parcel of land located
in the A. Thouvenir Survey, Abstract No.469 in Hardin County, Texas, and being out of
that certain called 1043.17 acre tract conveyed to ThreeTree Southern Growth, LLC
recorded in Clerk’s File No. 2021-119714 of the Official Public Records of Hardin County,
Texas, (OPRHCT):
COMMENCING at the Northeast corner of the Mary Adams Survey, Abstract No.62,
same being the Northwest corner of the J.A. Loyd Survey, Abstract No.732, same being
a point in the South line of the said A. Thouvenir Survey, same being the Northwest corner
of that certain 10 acre tract conveyed to Tom Moore Lytle, and the Northeast corner of
that certain 601.15 acre tract of land conveyed to ThreeTree Southern Growth, LLC
recorded in Clerk’s File No. 2021-119714 of the said Official Public Records from which
a broken concrete monument found for the Southeast corner of the said A. Thouvenir
Survey, same being the Northeast corner of the said J.A. Loyd Survey, same being a
point in the West line of the M.E. Groos Survey, Abstract No.775, and the Southeast
corner of the said 1043.17 acre tract of land bears North 86 deg. 50 min. 42 sec. East, a
distance of 4252.06 feet and a found 3 inch iron pipe found for the Northwest corner of
the said Mary Adams Survey, same being the Southwest corner of the E. Leichtle Survey,
Abstract No.361, same being the Northeast corner of the J.R. Adams Survey, Abstract
No.64, same being the most southern Southeast corner of the A. Harriss Survey, Abstract
No.268, and the Northwest corner of the said 601.15 acre tract of land bears South 86
deg. 50 min. 42 sec. West, a distance of 5318.67 feet;
THENCE South 86 deg. 50 min. 42 sec. West along and with the North line of the said
Mary Adams Survey, the South line of the said A. Thouvenir Survey, the North line of the
said 601.15 acre tract, and the South line of the said 1043.17 acre tract of land, a
distance of 745.17 feet to a point;
THENCE North 3 deg. 9 min. 18 sec. West over and across the said 1043.17 acre tract,
a distance of 37.29 feet to a point in the North right-of-way line of Old Bragg Road (an
existing 40 foot prescriptive easement) for the POINT OF BEGINNING and the Southeast
corner of the herein described tract of land;
THENCE South 87 deg. 25 min. 45 sec. West along and with the North right-of-way of
the said Old Bragg Road, over and across the said 1043.17 acre tract of land, a distance
of 250.00 feet to a point for corner and the Southwest corner of the herein described tract
of land;
THENCE North 2 deg. 34 min. 15 sec. West over and across the said 1043.17 acre tract
of land, a distance of 10.00 feet to a point for corner and the Northwest corner of the
herein described tract of land;
Exhibit A
THENCE North 87 deg. 25 min. 45 sec. East over and across the said 1043.17 acre
tract of land, a distance of 250.00 feet to the Northeast corner of the herein described
tract of land;
THENCE South 2 deg. 34 min. 15 sec. East over and across the said 1043.17 acre tract
land, a distance of 10.00 feet to the POINT OF BEGINNING, containing 2500 square
feet or 0.057 acres of land, more or less.
(THIS DESCRIPTION IS BASED UPON A SURVEY MADE ON THE GROUND UNDER
MY DIRECT SUPERVISION ON AUGUST 12, 2021 AND IS BEING SUBMITTED
ALONG WITH A SURVEY PLAT SHOWING THE PROPERTY AND FACTS FOUND AS
DESCRIBED HEREIN. ALL BEARINGS ARE BASED UPON THE TEXAS
COORDINATE SYSTEM OF 1983, CENTRAL ZONE '4203' (US SURVEY FOOT).)
__________________________________
Registered Professional Land Surveyor
CARL E. DUCKWORTH II
6816
OLD BRAGG ROAD
(40 FOOT PRESCRIPTIVE EASEMENT)
40'
Edges of Prescriptive Easement
Existing Bridge
Road Base
L1
P.O.B.
L2
L3
L4
L5
ThreeTree Southern Growth
Called 601.15 Acres
Clerk's File No. 2021-119714
O.P.R.H.C.T.
ThreeTree Southern Growth
Called 1043.17 Acres
Clerk's File No. 2021-119714
O.P.R.H.C.T.
Tom Moore Lytle
Called 10 Acres
P.O.C.
Line Table
Line #
L1
L2
L3
L4
L5
Length
37.29
250.00
10.00
250.00
10.00
Direction
N03° 09' 18"W
S87° 25' 45"W
N02° 34' 15"W
N87° 25' 45"E
S02° 34' 15"E
General Notes
1. All data is based upon the Texas Coordinate System of
1983 (2011), Central Zone '4203' (US Survey foot).
2. Nothing in this survey is intended to express an opinion
regarding ownership of title to any property.
3. This is an easement drawing and is not intended to
represent a boundary survey.
Vicinity Map
Not to Scale
Survey Line/ Property Line
S:\Sectors\Survey\Projects\LJAS184 (Hardin County Pct 2)\2101_Flat Cypress Creek Bridge Easement\06 CAD\Production Files\Thouvenir Plat.dwg 12/15/2021
SURVEY OF
10' WIDE
RIGHT-OF-WAY
EASEMENT
IN THE
A. THOUVENIR SURVEY
HARDIN COUNTY, TEXAS
2615 Calder Ave, Suite 500
Beaumont, Texas 77702
LJA SURVEYING, INC
Tel: 409.833.3363
Fax: 409.833.0317
TBPELS Firm No 10194382
December 15, 2021 JOB NO. LJAS184-2101
S86° 50' 42"W
745.17'
P.O.C.
S86° 50' 42"W 5318.67'
Found 3 Inch Iron Pipe
Found Broken
Concrete Monument
N86° 50' 42"E 4252.06'
10' Wide Right-of-Way Easement
0.057 Acre
N
1" = 60'
N
Surveyor's Certification
The undersigned does hereby certify that this survey plat
accurately represents an on the ground survey made under my
direct supervision on August 12, 2021 and is being submitted
along with the Surveyor's field note description of the property
shown hereon, which lies in Hardin County, Texas.
Registered Professional Land Surveyor
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Additional 10' Wide Right-of-Way
Surveyed Same Date
Subject Area at Existing Bridge
(See Detail Below)
CARL E. DUCKWORTH II
6816
S:\Sectors\Survey\Projects\LJAS184 (Hardin County Pct 2)\2101_Flat Cypress Creek Bridge Easement\07 Documents\M Adams Easement.docx
DECEMBER 15, 2021
SURVEYOR’S FIELD NOTE DESCRIPTION
BEING a 0.057 acre, more or less, right-of-way easement tract or parcel of land located
in the Mary Adams Survey, Abstract No.62 in Hardin County, Texas, and being out of that
certain called 601.15 acre tract conveyed to ThreeTree Southern Growth, LLC recorded
in Clerk’s File No. 2021-119714 of the Official Public Records of Hardin County, Texas,
(OPRHCT):
COMMENCING at the Northeast corner of the said Mary Adams Survey, same being the
Northwest corner of the J.A. Loyd Survey, Abstract No.732, same being a point in the
South line of the A. Thouvenir Survey, Abstract No.469, same being the Northwest
corner of that certain 10 acre tract conveyed to Tom Moore Lytle, and the Northeast
corner of the said 601.15 acre tract of land from which a broken concrete monument found
for the Southeast corner of the said A. Thouvenir Survey, same being the Northeast
corner of the said J.A .Lloyd Survey, same being a point in the West line of the M.E. Groos
Survey, Abstract No.775 and the Southeast corner of that certain 1043.17 acre tract of
land conveyed to ThreeTree Southern Growth, LLC recorded in Clerk’s File No. 2021-
119714 of the said Official Public Records bears North 86 deg. 50 min. 42 sec. East, a
distance of 4252.06 feet and a found 3 inch iron pipe found for the Northwest corner of
the said Mary Adams Survey, same being the Southwest corner of the E. Leichtle Survey,
Abstract No.361, same being the Northeast corner of the J.R. Adams Survey, Abstract
No.64, same being the most southern Southeast corner of the A. Harriss Survey, Abstract
No.268 and the Northwest corner of the said 601.15 acre tract of land bears South 86
deg. 50 min. 42 sec. West, a distance of 5318.67 feet.
THENCE South 86 deg. 50 min. 42 sec. West along and with the North line of the said
Mary Adams Survey, the South line of the said A. Thouvenir Survey, and the North line
of the said 601.15 acre tract, a distance of 745.17 feet to a point;
THENCE South 2 deg. 34 min. 15 sec. East over and across the said 601.15 acre tract,
a distance of 2.71 feet to a point in the South right-of-way line of Old Bragg Road (an
existing 40 foot prescriptive easement) for the POINT OF BEGINNING and the Northeast
corner of the herein described tract of land;
THENCE South 2 deg. 34 min. 15 sec. East over and across the said 601.15 acre tract
land, a distance of 10.00 feet to a point for corner and the Southeast corner of the herein
described tract of land;
THENCE South 87 deg. 25 min. 45 sec. West over and across the said 601.15 acre
tract of land, a distance of 250.00 feet to a point for corner and the Southwest corner of
the herein described tract of land;
THENCE North 2 deg. 34 min. 15 sec. West over and across the said 601.15 acre tract
of land, a distance of 10.00 feet to a point for corner and the Northwest corner of the
herein described tract of land;
thence North 87 deg. 25 min. 45 sec. East along and with the South right-of-way of the
said Old Bragg Road, over and across the said 601.15 acre tract of land, a distance of
250.00 feet to the POINT OF BEGINNING, containing 2500 square feet or 0.057 acres
of land, more or less.
(THIS DESCRIPTION IS BASED UPON A SURVEY MADE ON THE GROUND UNDER
MY DIRECT SUPERVISION ON AUGUST 12, 2021 AND IS BEING SUBMITTED
ALONG WITH A SURVEY PLAT SHOWING THE PROPERTY AND FACTS FOUND AS
DESCRIBED HEREIN. ALL BEARINGS ARE BASED UPON THE TEXAS
COORDINATE SYSTEM OF 1983, CENTRAL ZONE '4203' (US SURVEY FOOT).)
__________________________________
Registered Professional Land Surveyor
CARL E. DUCKWORTH II
6816
ThreeTree Southern Growth
Called 601.15 Acres
Clerk's File No. 2021-119714
O.P.R.H.C.T.
ThreeTree Southern Growth
Called 1043.17 Acres
Clerk's File No. 2021-119714
O.P.R.H.C.T.
OLD BRAGG ROAD
(40 FOOT PRESCRIPTIVE EASEMENT)
40'
Edges of Prescriptive Easement
Existing Bridge
Road Base
P.O.B.
L1
L2
L3
L4
L5
Tom Moore Lytle
Called 10 Acres
P.O.C.
Line Table
Line #
L1
L2
L3
L4
L5
Length
2.71
10.00
250.00
10.00
250.00
Direction
S02° 34' 15"E
S02° 34' 15"E
S87° 25' 45"W
N02° 34' 15"W
N87° 25' 45"E
General Notes
1. All data is based upon the Texas Coordinate System of
1983 (2011), Central Zone '4203' (US Survey foot).
2. Nothing in this survey is intended to express an opinion
regarding ownership of title to any property.
3. This is an easement drawing and is not intended to
represent a boundary survey.
Vicinity Map
Not to Scale
Subject Area at Existing Bridge
(See Detail Below)
Survey Line / Property Line
S:\Sectors\Survey\Projects\LJAS184 (Hardin County Pct 2)\2101_Flat Cypress Creek Bridge Easement\06 CAD\Production Files\Adams Plat.dwg 12/15/2021
SURVEY OF
10' WIDE
RIGHT-OF-WAY
EASEMENT
IN THE
MARY ADAMS SURVEY
HARDIN COUNTY, TEXAS
2615 Calder Ave, Suite 500
Beaumont, Texas 77702
LJA SURVEYING, INC
Tel: 409.833.3363
Fax: 409.833.0317
TBPELS Firm No 10194382
December 15, 2021 JOB NO. LJAS184-2101
S86° 50' 42"W
745.17'
P.O.C.
S86° 50' 42"W 5318.67'
Found 3 Inch Iron Pipe
Found Broken
Concrete Monument
N86° 50' 42"E 4252.06'
10' Wide Right-of-Way Easement
0.057 Acre
N
1" = 60'
N
Surveyor's Certification
The undersigned does hereby certify that this survey plat
accurately represents an on the ground survey made under my
direct supervision on August 12, 2021 and is being submitted
along with the Surveyor's field note description of the property
shown hereon, which lies in Hardin County, Texas.
Registered Professional Land Surveyor
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Additional 10' Wide Right-of-Way
Surveyed Same Date
CARL E. DUCKWORTH II
6816