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HomeMy WebLinkAboutEasement Dedication EASEMENT DEDICATION SHEET To be filled in and submitted with construction plans and specifications for preliminary review (Not to be used where City is purchasing property) THIS SECTION TO BE COMPLETED BY CITY STAFF PROCESSED BY: DEPT. EXT. REQUESTED BY: DEPT. EXT. ACCOUNT NO. • PROJECT NO. (For ordering title work,appraisals,etc.) TYPE OF EASEMENT: Public Utilities (PUE) )<. Temporary Blanket PUE Electric Only (prior to building permit) Water Only PURPOSE FOR EASEMENT: gv/l rt%n� CYl'►l,/1 poc— t� 1 1'c� �r 4/I$ 4 x.41 ee- ;/1 r C at' of .S%f e REVIEW AND APPROVAL REQUIRED/GIVEN BY THE FOLLOWING DEPARTMENTS: Approval Required By: Electric Approval Given By: Electric (please initial) Water/WW (please initial) Water/WW Asst. City Engineer Asst. City Engineer Public Works Public Works METES& BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY: (City Staff-Name/Dept.) THIS SECTION TO BE COMPLETED BY APPLICANT PROPERTY OWNER(S): JGti'i1 h '✓'I/l Ii �J (Names must be exactly as they appear on the deed) ADDRESS: '2 6 zg Ab--; �tne PHONE NUMBER: `l7g- -7S-4 4 s' ( //tr e J/ JL. 7 ALL LENDERS(Please furnish copies of all lien documents): (Names and Addresses) IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see#5 below): 1. State of Incorporation/Registration I�I_)c.5 110 2. Partners' Names (if applicable) " h h ' c' es ) Set n I Tv I' h 3. Person Authorized to Sign JO hn 10 des Pr eq((CvY Hkn e (Name-and Title) LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING: (Please check items that are attached) 1. A copy of a recent(within 90 days)deed or title insurance policy showing the names of the grantors/owners;and 2. For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the easement;or 3. For platted property,a copy of the plat showing the lot,block,subdivision,and recording information. 4. For blanket easements,a signed,sealed and dated metes and bounds description and a diagram of the property. ,i 5. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation, partnership,or joint venture. 6. Name,address and phone number of person who is to receive the easement and be responsible for getting It executed: Any land acquisition resulting from Capital Improvement Projects requires a meeting with the Legal Department. sslc:Idocuments and settingslsweido.cstxldesktoplconstruction documentsleasement dedication 12-03 1.doc SHARED ACCESS AGREEMENT STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENT COUNTY OF BRAZOS 3 Defined Terms Date: AtJJA4 2 2007 First Party: MARION SCOTT GILCHRIST 202 South Magnolia Woodville, TX 75979 Second Party: KELVIN CORPORATION, INC. 4405 Regal Oaks Dr. College Station, TX 77845 First Party's Property: A 3.17 acre tract being a Part of Lot 2, Block Two, Gateway Park Subdivision, according to the Plat found in Volume 2224. Page 191. Real Property Records of Brazos County, Texas. Second Party's Property: All of Lot Two (2), HARVEY ROAD EAST SUBDIVISION, an addition to the City of College Station. Brazos County,Texas,according to the Amending Plat recorded in Volume 1122, Page 813 of the Official Public Records of Brazos County. Texas. Easement Purpose: For providing free and uninterrupted vehicular ingress to, egress from. and access(parking rights in certain areas)across and between all of the driveways and driving lanes of the First Party's Property, the Second Party's Property, the Public Road Access Area(s),and Harvey Road aka State Highway No. 30 (called the "Public Road"), to facilitate reasonable use of the Public Road Access Area(s) by the owners of the Properties,and their respective agents, employees, customers, and other invitees. Public Road Access Area(s): The curb cuts, concrete apron. and concrete driveway between the Public Road and that portion of the Properties depicted by the drawing shown on the attached Exhibit "A". incorporated herein by reference. pursuant to the plans and specifications (collectively the "Public Road Access Area(s) Plans") dated prepared by under Job titled Public Road Access Area(s) Completion Date: / , 2008 Shared.Access Easement Page I Consideration: The sum of TEN AND N0,100 DOLLARS (S10.00) 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: None Exceptions to Conveyance and Warranty: The following outstanding pre-existing rights, title, and interests relating to the Properties to which each respective granting Party's ownership is also subject: Easements. rights-of- way and prescriptive rights. whether of record or not:the rights of the owners of the mineral estate in the Property. all presently recorded and valid instruments that affect the Property. all laws, ordinances, rules. and regulations applicable to the Easement Purpose or the Easements, and any conditions that would be revealed from a physical inspection of the Properties by a surveyor with actual notice of the Easement Purpose. This provision is not intended to. and does not. validate or reinstate a terminated or otherwise invalid instrument or right. 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." Recitals: 1. The Parties own the Properties which are each adjoining the Public Road. 2. The Public Road is under the jurisdiction of the Texas Department of Transportation ("TxDOT") which is managing access to the Public Road. 3. TxDOT has approved the Public Road Access Area(s) as access points to be shared by all of the vehicles accessing the Properties. 4. The Parties desire by this instrument to make the agreements appropriate for use and enjoyment of their respective Properties by use of the Public Road Access Area(s) as a means of ingress and egress between their respective Properties and the Public Road. 5. The Parties desire by this instrument to make an agreement for shared motor vehicular parking in areas designated herein. Grants of Easements First Party. for the Consideration and subject to the Reservations from Conyeyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Second Party and Second Party's heirs,legal representatives,successors.and assigns a reciprocal easement to,over,and across First Party's Property for the Easement Purpose and for parking of motor vehicles in the eleven(1 1) parking spaces described in Exhibit "B" attached hereto. 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 legal representatives. successors. and assigns forever. First Party binds First Party Shared.access Easement Page 2 and First Party's heirs. legal representatives. and assigns to warrant and forever defend the title to the easement. rights, and appurtenances in Second Party and Second Party's legal representatives, 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 and the Exceptions to Conveyance and Warranty. 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 and the Exceptions to Conveyance and Warranty, Grants. sells. and conveys to First Party and First Party's heirs, legal representatives. and assigns a reciprocal 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,Vrights, and appurtenances to First Party and First Party's heirs, legal representatives.and assigns forever.Second Party binds Second Party and Second Party's legal representatives, successors. and assigns to warrant and forever defend the title to the easement. rights, and appurtenances in First Party and First Party's legal representatives, 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 and the Exceptions to Conveyance and Warranty, to the extent that such claim arises by. through, or under Second Party but not otherwise. General Terms and Conditions The following general terms and conditions apply to the Easements granted by this instrument: y y I. 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"). While the Easements are intended to benefit each respective Holder's agents, employees, customers, and other invitees. they are not intended to be third party' beneficiaries with standing to enforce the Easements. ?. Duration of Easements. The duration of the Easements is perpetual. 3. Nonexclusiveness of Easements. The Easements are nonexclusive. and each of the Parties reserves for itself and its heirs, legal representatives, 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 right 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 instrument. a net Puikie15 0 4. Construction of Public Road Access Area(s). The Public Road Access Area(s) must be initially constructed by and at the expense of Second Party'. Such construction must be accomplished in a good and workmanlike manner.substantially in accordance with the Public Road Access Area(s) Plans. such that final completion(as such term is defined by TxDOT) will occur on or before the Public Road Access Area(s) Completion Deadline. All driveways. driving areas. curb cuts. and Public Road Access Area(s) located on the Properties must be maintained at a level of appearance and utility consistent tivith 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 maintaining the driving lanes.driveways.curb cuts. Shared.access Easement Page 3 parking spaces.and Public Road Access Area(s)located on that Holder's Properties. I f a Holder does not perform the required maintenance then any other Holder(s), 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 for the reasonable costs expended. Reimbursement will be payable on demand and include the costs of the maintenance, plus interest at the lower of. (a) the highest rate permitted by or(b) the rate of 12 percent per year). No walls, fences. or barriers of any kind shall be constructed or maintained in the Public Road Access Areas or any portion thereof which prevents or imports the use or exercise of the easements granted herein. or the free access and movements, pedestrian and vehicular traffic between the Public Access Areas and the Public Road. 5. 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 interfere with or interrupt the use or enjoyment of the Easements. 6. Equitable Rights of Enforcement. These Easements may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding 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 instrument; 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. Miscellaneous The following miscellaneous terms and conditions apply to the Easements granted by this instrument: I. Alternative Dispute Resolution.The parties agree to mediate in good faith to resolve any dispute under this Instrument. Following mediation, all unresolved issues will be resolved by binding arbitration. Absent an agreement to use other rules,the arbitration will be controlled by the American Arbitration Association's Commercial Arbitration Rules. The arbitration award may be judicially enforced by filing it in a court of proper jurisdiction as a final judgment of that court,and additional attorney fees and all other costs of the prevailing party will be paid by the party against whom enforcement is obtained. The parties waive their right to a trial by jury. The arbitration hearing must be no more than ninety (90) days from the selection of the arbitrator(s). and the final and unappealable ruling of the arbitrator(s) must be rendered in writing within sixty (60)days from the arbitration hearing. ?. Binding Effect. This instrument binds and inures to the benefit of the Holders and their respective heirs, legal representatives, successors. and permitted assigns. 3. Choice of Law. This instrument 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, Texas. 4. Counterparts. This instrument may be executed in any number of counterparts with the same effect as if all signatories had signed the same document.All counterparts will be construed together and will constitute one and the same instrument. Shared Access Easement Page 4 • 5. Defined Terms & Legal Construction. Defined terms provided at the beginning of this instrument. where terms with the first letter of key words are capitalized and referenced by quotes within a parenthesis. and where terms are otherwise stated in such a way as to reasonably indicate an intention to serve as a defined term, all constitute the definitions of those same terms when used herein. If any provision in this instrument is for any reason unenforceable, the unenforceability will not affect any other provision hereof,and this instrument will be construed as if the unenforceable provision had never been a part hereof. 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 instrument are for reference only and are not intended to restrict or define the text of any section. Any' recitals in this instrument are represented to be accurate, and constitute a part of the substantive agreement. 6. Further Assurances. Each signatory 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 instrument and all transactions contemplated by this instrument. 7. Notices. Any notice required or permitted under this instrument must be in writing. Any notice required by this instrument 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. Absent notice of the correct address, the address shown by the records of the Appraisal District in the counties where the Properties are situated, or any successor thereto. for the owner thereof may be used for notice purposes. 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. 8. Public Dedication Not Intended. Nothing in this instrument may be deemed to be a gift or dedication of the Easements or any other property interest to or for the general public or for any' public purpose. 9. Time. Time is of the essence. Unless otherwise specified, all references to "days" means calendar days. Business days exclude all Saturdays. Sundays, and holiday's according to the schedule of the Federal Reserve Bank of Dallas. In the event the deadline for performance of any obligation hereunder falls on a Saturday, Sunday' or a holiday' according to the schedule of the Federal Reserve Bank of Dallas. then the deadline for performance of that obligation is the next following regular business day. 10. Waiver or Consent Not Implied. No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations will be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party. Failure on the part of a party to complain of any act of any party or to declare any party in default. irrespective of how long such failure continues, will not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run. Shared.access Easement Page 5 FIRST PARTY: MARION SCOTT G'C(.CFrRIST THE STATE OF TEXAS COUNTY OF-r-LA This instrument was acknowledged before me on the day of luly,2007,by MARION SCOTT GILCHRIST. -41/Pra III 7 /2 Y„1 TAMEEAtY E.McC1.A.LOUGH NOTAR 'P LICAND F• Notary Polak THE ST N OF TEXAS STATE OF TEXAS My Comm.Ems.8.28.2008 Shared:l_rss Easemern Page 6 Li/L9 39bd ;?EE-9D6-��6 Ly:3? 422 .' f8P SECOND PARTY: KELVIN CORPORATION, INC., a Texas corporation By: / A.„ f/�" 77 LINDA T. NGUYEN, President THE STATE OF TEXAS § COUNTY OF 1---A.7O5 § This instrument was acknowledged before me on the 23 day of July, 2007, by LINDA T. NGUYEN, President of Kelvin Corporation, Inc. 40 .�.�., :d.�..,� W.•�_.., ,!NOTARY PUBLIC IN AND FOR NozHeg0430 ?'''`• z: is THE STATE OF TEXAS S?HIdX3 NCISSIWW00 N011il VHflbl •' ,.�.� ' Shared.access Easement Page 7