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HomeMy WebLinkAboutOrdinance 'Jan 16' 08 01:09p Drew Congleton 9-2680582 p.2 Doc: Bk Vol Pi DRIVEWAY AND PARKING EASEMENT D0941238 OR 7595 230 This declaration is made this A 7 day of S , 2006 by Baker and Carnes Investments, L.L.C. ("Declarant"). FACTS 1. Declarant is the owner in fee simple of certain real estate situated in the City of College Station,Brazos County,Texas,more particularly described as follows: Tract 1: Lot Two RA (2RA), Block One (1), Gateway Subdivision, an addition to the City of College Station,according to replat recorded in Volume 5722, Page 162, Official Records of Brazos County, Texas. Together with all buildings and improvements located thereon, and all rights, privileges,easements and appurtenances belonging to or in any way pertaining to Tract 2. Declarant is the owner in fee simple of certain real estate situated in the City of College Static n,Brazos County,Texas,more particularly described as follows: Tract 1: Lot Two RC (2RC), Block One (1), Gateway Subdivision, an addition to the City of College Station,according to replat recorded in Volume 5722, Page 162, Official Records of Brazos County, Texas. Together with all buildings and improvements located thereon, and all rights, privileges,easements and appurtenances belonging to or in any way pertaining to Tract 2. 3. Declarant desires to create reciprocal rights of ingress, egress, driveway, and parking for the mutual and continuing benefit of Tract 1 and Tract 2 and the respective owners, guests, invitees, customers, agents, employees, licensees, successors and assigns thereof. Driveway and Parking Easement Page 1 Jan 16 08 01:09p Drew Congleton '- 2680582 p•3 • Doc 8k Vol Ps 00941288 OR 7545 231 DECLARATION Now,therefore, Declarant,as the owner of Tract 1 and Tract 2, hereby declares as follows: a. An easement is hereby declared on, over and across Tract 1 and Tract 2 for the reciprocal and mutual flow of pedestrian and vehicular traffic in, on, over and across Tract 1 and Tract 2 in favor of and for the benefit of the owners of any portion of Tract 1 or Tract 2 and their guests, invitees, customers, licensees, employees, heirs, legal representatives, successors and assigns, as an easement appurtenant to ownership of Tract 1 and Tract 2. The easement declared shall be confined to such areas as are established from time to time by the owners of the respected Tracts cooperation with each other for the most practical and reasonable traffic patterns within the site plans devolved or established from time to time by each owner. The easement declared is for ingress,egress, parking and traffic to and from Tract 1 and Tract 2 and adjacent property, public streets or rights of way. b. This easement shall continue in perpetuity as an easement appurtenant to Tract 1 and Tract 2 and any portion thereof and shall be an easement running with each of the respective tracts of land. c. Each owner of any portion of Tract 1 or Tract 2 shall be responsible for maintenance and repair of such owners respective tract or portion thereof. The property shall be kept and maintained in a reasonable manner for the mutual benefit of all owners within Tract 1 or Tract 2. d. This declaration shall be construed and controlled by an under the laws of the State of Texas. e. This declaration shall be binding upon the owners of all or any portion of Tract 1 or Tract 2 and their heirs, legal representatives, successors or assigns, and shall inure to their benefit. Signed to be effective on the date stated above. Driveway and Parking Easement Page 2 Jan 16 08 01:09p Drew Congleton 9- ?680582 p.4 • • Doc Bk vol Fs 00441288 DR 7545 232 BAKER AND CARNES INVESTMENTS, L.L.C. ra iov ll3 :w0 efo c fla 88ft:iOO By: INA TODD CARNES, Managing Member STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the I g day of , 2006, by TODD CARNES, Managing Member of BAKER AND CARNES INVESTMENTS, L.L.C., on behalf of said limited liability company, in the capacity therein stated. :n. tops A �a3 aiii i 1'TIPJQ2 20sAia •• ► .! r 4 . 94Ii o ai!oir41 aoa :n0 N.•tary Public, 'Z-te of Texas 4i eft aenibtuaSR ::F/490U :,ndatl3t ;n! o0II11►x Now00Ye.1101M14ws dnuor � A ' to SIVONIMmir BR non-icT iisA518 i9 MOB) •%17 10 3TAT2 9s 'f I Ito.rrP t b9,; fl it vosi 1 );l, :11nb .'$;I na b4f 1 3 9CD9 PIU' 9AU'o: 4ii.; ni „i-. 00b PDM bit.. 4...... . a? 7Di0110 901 lo i 11:liw ..,.7 V! ,_4carr7:a an • WI': 1T%I1C . • Driveway and Parking Easement Page 3 F:\USER\LISA\WpdOCS RE\$AKER CARNES.Driveway&ParkingEasement.wpd(a I) -Jan 16 08 01:O9p Drew Congleton c' '680582 P.5 Qac Bk Vol Ps 0044128$ DR 7595 233 • Filed for Record in: BRAZOS CONTI' Om: See 19,2006 at 04:04P As a Recordings • U1'M1111111 '� :: ' Docuaeat Humber: 009412:•: maw to ma Aligket tem* it'it wide mniesionwO Ma *AP i Mount 23.00 OOP!1Cltit1J1f1* • Receipt Number - 299409 Bee Teresa Ramirez STATE OF TEXAS COUNTY OF BRAZOS I herebi certify that this instrument was Piled on the date and time steeped hereon be ae and was duly recorded im the volume and pate of the Official Public records of: BRAZOS COUNTY as starved hereon be ae. After recording return to: Sep 19,2006 CULLY LIPSEY File #060662 HONORABLE KAREN RUMEN, COUIiTY CLERK BRAZOS COUNTY