HomeMy WebLinkAboutEasements Bk Vol
00871009 OR 6322 1198
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
Easement Agreement for Reciprocal Access and Parking
THE STATE OF TEXAS '
KNOWN ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZOS
iS€iz, 2004
Date: -.Ault. ,
First Party: Southwood West, a Texas general partnership composed of Jeffrey L.
McDowell and James Woods
First Party's Maung Address:
Southwood West
4101 Texas Avenue
Suite B
Bryan,Texas 77802
Brazos County
Second Party: Clayton W.Rhoades and Jana C. Rhoades,husband and wife
Second Party's Mailing Address:
Clayton W.Rhoades and Jana C.Rhoades
P.O.Box 11028
College Station,Texas 77842
Brazos County,Texas
First Party's Lienholder: FIRST AMERICAN BANK, SSB,a Texas bank
Second Party's Lienholder: FIRST STA Lb-BANK OF MINERAL WELLS,a Texas bank
First Party's Lienholder's Mailing Address:
FIRST AMERICAN BANK,SSB
1111 Briarcrest Dr.
Bryan,Texas 77802
Brazos County,Texas
Easement Agreement for Reciprocal Access and Parking Page I
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Second Party's Lienholder Mailing Address:
FIRST STAl'E BANK OF MINERAL WELLS
P.O.Box 1528
Mineral Wells,Texas 76068
Palo Pinto County,Texas
First Party's Property: Lots Five(5),Six(6),and Eight-R(8R),Block 2,Edelweiss Business
Center, an addition in College Station, Brazos County, Texas,
according to the plat recorded in VoIume 561, Page 192, Official
Records of Brazos County,Texas.
Second Party's Property: Lot Seven-R(7R),Block 2,Edelweiss Business Center,an addition.in
College Station,Brazos County,Texas,according to the plat recorded
in Volume 561,Page 192,Official Records of Brazos County,Texas.
Easement Purpose: For providing free and -uninterrupted pedestrian and vehicular ingress to,
egress from,and access across and between First Party's Property and Second Party's Property and
portions thereof and vehicular parking in the parking ing spaces thereon during normal business hours
(no overnight parking).
Consideration: The sum of TEN AND NO/100 DOLLARS($10.00)and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged by the Parties.
Reservations from Conveyance of First Party's Property: First Party reserves the right to
reconfigure,alter,and move the designated parking on the First Party's Property.
Exceptions to Warranty of First Party's Property: This conveyance is made and accepted subject
to any and all matters,ordinances,restrictions,covenants,conditions,encumbrances,rights of way,
easements,tax liens,boundary disputes,shortages in area,encroachments,exception,reservations
and covenants of whatsoever nature of record,if any,and other i eshictions,regulations,ordinances,
and statutes of municipal or other governmental authorities applicable to and enforceable against the
First Party's Property.
Reservations from Conveyance of Second Party's Property: Second Party reserves the right to
reconfigure,alter,and move the designated parking on the Second Party's Property.
Exceptions to Warranty of Second Party's Property: This conveyance is made and accepted
subject to any and all matters,ordinances,restrictions,covenants,conditions,encumbrances,rights
of way, easements, tax liens, boundary disputes, shortages in area, encroachments, exception,
reservations and covenants of whatsoever nature of record,if any,and other restrictions,regulation,
ordinances,and statutes of municipal or other governmental authorities applicable to and enforceable
against the Second Party's Property.
Easement Agreement for Reciprocal Access and Parking Page 2
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Grants of Easements:
First Party,for the Consideration and subject to the Reservations from Conveyance of First
Party's Property and Exceptions to Warranty of First Party's Property,grants,sells,and conveys to
Second Party and Second Party's heirs,successors,and assigns an easement to,over,and across First
Party's Property for the Easement Purpose and for the benefit of all or any portion of Second Party's
Property,together with all and singular the rights and appurtenances thereto in any way belonging,to
have and to hold the easement,rights,and appurtenances to Second Party and Second Party's heirs,
successors,andassigns forever. First Party binds First Party and First Party's heirs,successors,and
assigns to warrant and forever defend the title to the easement,tights,and appurtenances in Second
Party and Second Party's heirs,successors,and assigns against every person whomsoever lawfully
claiming or to claim the easement, rights, or appurtenances, or any part thereof, except as to the
Reservations from Conveyance of First Party's Property and Exceptions to Warranty of First Party's
Property,to the extent that such claim arises by,through, or under First Party but not otherwise.
Second Party, for the Consideration and subject to the Reservations from Conveyance of
Second Party's Property and Exceptions to Warranty of Second Party's Property,grants,sells, and
conveys to First Party and First Party's heirs,successors,and assigns an easement to,over,and across
Second Party's Property for the Easement Purpose and for the benefit of all or any portion-of First
Party's Property, together with all and singular the rights and appurtenances thereto in any way
belonging,to have and to hold the easement,rights,and appurtenances to First Party and First Party's
heirs,successors,and assigns forever. Second Party binds Second Party and Second Party's heirs,
successors, and assigns to warrant and forever defend the title to the easement, rights, and
appurtenances in First Party and First Party's heirs, successors, and assigns against every person
Easement Agreement for Reciprocal Access and Parking Page 3
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O+d71003 OR 6322 lag
whomsoever lawfully claiming or to claim the easement, rights, or appurtenances, or any part
thereof,except as to the Reservations from Conveyance of Second Pis Property and Exceptions to
Warranty of Second Party's Property, to the extent that such claim arises by, through, or under
Second Party but not otherwise.
The easements,rights, and appurtenances hereby granted by and between First Party and
Second Party are referred to herein as the "Easements." First Party's Property and Second Party's
Property are sometimes referred to herein collectively as the 'Properties." First Party and Second
Party are sometimes referred to herein individually as a"Party"and collectively as the "Parties."
Terms and Conditions:The following terms and conditions apply to the Easements granted by this
agreement
1. Character of Easements. The Easements are appurtenant to and run with the
Properties, and portions thereof,whether or not the Easements are referenced or described in any
conveyance of the Properties,or any portion thereof. The Easements are for the benefit of the Parties
and the heirs,legal representatives,successors,and assigns of the Parties who at any time own the
Properties or any interest therein(as applicable,the"Holders").
2. Duration of Easements. The duration of the Easement is perpetual
3. Nonexclusiveness of Easements. The Easements are nonexclusive,and each of the
Parties reserves for itself and its heirs, successors, and assigns the right to use all or part of the
Easements in conjunction with any other Holder and the right to convey to others the rift to use all
or part of the Easements in conjunction with the Holders, as long as such further conveyance is
subject to the terms of this agreement
Easement Agreement for Reciprocal Access and Parking Page 4
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719 OR 63221 123
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'4. Use and Location of Easements. The Parties and other Holders will be entitled to
exercise direct access to and between the Properties without interference except as set forth in this
agreement and to use all access areas, driveways, and parking lots located on any portion of the
Properties in exercising the Easements. A Holder may erect curbs or other barriers to traffic between
the Properties owned by that Holder and adjacent portions of the Properties,including but not limited
to differences in grade levels, only to the extent that such curbs or other barriers will not
i rnreasonably interfere with or restrict direct access to and between the Properties by the Holders of
other portions of the Properties and their employees,customers,and other invitees. A Holder may
erect buildings and other improvements on the portion of the Properties owned by that Holder only to
the extent that the buildings and other improvements will not unreasonably interfere with the use of
and access to the access areas,driveways,and parking lots on such portion of the Properties by the
other Holders and their employecs,customers,and other invitees.
5. Maintenance of Easement Property. All access ways,driveways,and parking lots
located on the Properties must be maintained at a level of appearance and utility consistent with the
highest industry standards then prevailing for similarly used properties in the market in which the
Properties are located. Each Holder will be solely responsible for the costs of maintaini g the access
ways,driveways,and parking lots located on that Holder's Properties. If a Holder does not perform
the required maintenance then any other Holder,after giving the nonperforming Holder thirty(30)
days'written notice,will have the right to perform the maintenance and receive reimbursement from
the nonperforming Holder. Reimbursement will be payable on demand and include the costs of the
maintenance,plus interest at the highest rate permitted by law(or if no maximum rate is prescribed
by law,at the rate of eighteen percent(18%)per year).
Easement Agreement for Reciprocal Access and Parking Page 5
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6. Rights Reserved Each Party reserves for that Party and that Party's heirs, legal
representatives, successors, and assigns the right to continue to use and enjoy the surface of the
Properties for all purposes that do not unreasonably interfere with or interrupt the use or enjoyment
of the Easements.
7. Equitable Rights of Enforcement. These Easements may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and commancli g
compliance. Restraining orders and injunctions will be obtainable on proof of the existence of
interference or threatened interference, without the necessity of proof of inadequacy of legal
remedies or irreparable harm,and will be obtainable only by the Parties to or those benefited by this
agreement;provided,however,that the act of obtaining an injunction or restraining order will not be
deemed to be an election of remedies or a waiver of any other rights or remedies available at law or
in equity.
8. Attorney's Fees. If any Party retains an attorney to enforce this agreement,the Party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
9. Binding Effect. This agreement binds and inures to the benefit of the Parties and their
respective heirs, successors,and permitted assigns.
10. Choke of Law. This agreement will be construed under the laws of the state of
Texas,without regard to choice-of-law rules of any other jurisdiction. Venue is in Brazos County,
TX.
11. Counterparts. This agreement 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_
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12. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting
Party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies
set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided
by law.
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 agreement and all transactions contemplated by
this agreement. --
14.
14. Indemnity. Each Party agrees to indemnify,defend,and hold harmless the other Party
from any loss,attorney's fees,expenses,or claims attributable to breach or default of any provision
of this agreement by the indemnifying Party.
15. 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.
16. 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 uc stdict 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.
Easement Agreement for Reciprocal Access and Parking Page 7
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17. 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 changed by written notice delivered as provided herein.
18. Recitals. Any recitals in this agreement are represented by the Parties to be accurate,
and constitute a part of the substantive agreement
19. Time. Time is of the essence. Unless otherwise specified,all references to "days"
mean calendar days. Business days exclude Saturdays, Sundays,and legal public holidays. If the
date for performance of any obligation falls on a Saturday,Sunday,or legal public holiday,the date
for performance will be the next following regular business day.
FIRST PARTY:
Southwood West,
a Texas general partnership
Jeffs ey L. McDowell,Partner
Bc:)&" A-P-11
James Woods,Partner
Easement Agreement for Reciprocal Access and Parking Page 8
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371009 OR Vol P$
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STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on rb,2004,by Jeffrey L.McDowell,
Partner, t.e. - •.:._ ..e t t . partnership.
BEC POE
FaY CGdR.+vtiS;St`JN EnPiRES
tictobe:
Notary Public, State df Texas
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on lait A F , 2004, by James Woods,
partner, on behalf of Southwood West,a partnership.
?a-e,
I 4_ _IV11 .. POE Notary Public, State of exas
BECKY
[_mWMYCOMMISSION aPlRES
31 lts-r, OCtobet 2Z 2005
Easement Agreement for Reciprocal Access and Parking Page 9
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gat i1gPOS OR 6322 128
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SECOND PARTY:
F
Clayto .Rhoades
n C.Rhoades
STA ITE OF IIEXAS ,\ §
i §
COUNTY OF BRAZOS §
sift
This instrument was acknowledged before me on August jat#,2004,by Clayton W.Rhoades
and Jana C.Rhoades,husband and wife.
Pia ..10Ah MARIE SIMS Ilk, - •
No#ary Pubtic ?r,
fAr! / A `'
State of Te.as Wry ,.e , Sat= • eXas
Comm. moires 04-06-2007
AFTER RECORDING RETURN TO:
Holt&Hollas,PLLC
Stephen R.Hollas
2700 Earl Rudder Frwy. S.
Ste. 5300
College Station,TX 77845
Easement Agreementfor Reciprocal Access raid Parking Page 10
../1009 Bk 63223 129
Consent and Subordination by Lienholders
Lienholders,as the holders of a liens on the First Party's Property,consent to the above grants
of Easements,including the terms and conditions of the grants,and Lienholders subordinate their
liens to the rights and interests of Holders,so that a foreclosure of the liens will not extinguish the
rights and interests of Holders.
FIRST AMERICAN BANK,SSB
41fir
BY: Of
Name: 0j �--
Title: i1> •,� `�
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowi mea ore me on ..z, I kO , 2004, by
/-01/1k, C3u61 as rOfficwr of FIRST AMERICAN
BANK,SSB,on behalf of such bank.
4 ' _141(11.4444
-scPLMAMMAANN MUMFORD
Notary Public, State of Texas (, \
4 .MoPUb ic,State of T
tayeXes
• my Commssio'Exp
\`„ SE?TEMBER 30,2006
Easement Agreement for Reciprocal Access and Parking Page 11
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Consent and Subordination by Lienholders
Lienholders,as the holders of a liens on the Second Party's Property,consent to the above
grants of Easements,including the terms and conditions of the grants,and Lienholders subordinate
their liens to the rights and interests of Holders,so that a foreclosure of the liens will not extinguish
the rights and interests of Holders. .
FIRST STA Lb BANK OF MINERAL WELLS
---- Name: TONY M. STREET
Title: PRESIDENT
•
STA 1E OF TEXAS §
§
COUNTY OF PALO PINTO §
September
This instrument was acknowledged before me on 2 , 2004, by
TONY M. STREET as PRESIDENT of FIRST STA!E BANK
OF MINERAL WELLS,on behalf of such bank 7
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1' Notary Public, State of Texas
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