HomeMy WebLinkAboutEasements Doc Bk Vol Ps
Bill&Return to' OC 415)4O OR 7155 250
university Title CornpanY
P.O.Drawer DT
College Station,Texas 77841
RECIPROCAL EASEMENT AGREEMENT
GF#
This Reciprocal Easement Agreement(this"Agreement")is made and entered into effective
as of the 7/j day of fna.r,"/', ,2006 by and between GATEWAY SIX PARTNERS,LTD.,
a Texas limited partnership ("Developer"), and GUGAR FAMILY #2, LTD., a Texas limited
partnership ("Posados") (Developer and Posados are sometimes referred to herein collectively as
"Owners" and individually as "Owner").
RECITALS:
A. Developer is the owner of certain real property(the "Developer Parcel")situated in
the Cities of Bryan and College Station,Brazos County,Texas,as described in Exhibit"A"attached
hereto and made a part hereof.
B. Posados is the owner of certain real property (the "Posados Parcel") situated in the
City of College Station,Brazos County,Texas,as described in Exhibit"B"attached hereto and made
a part hereof. The Developer Parcel and the Posados Parcel are sometimes referred to herein
individually as a "Parcel" and collectively as the "Parcels."
C. Developer desires to obtain certain easements on,over,and across the Posados Parcel
for ingress, egress, access, and signage, as more fully set forth in this Agreement.
D. Posados desires to obtain certain easements on,over,and across the Developer Parcel
for ingress, egress, and access, as more fully set forth in this Agreement.
AGREEMENTS:
In consideration of the sum of Ten and No/100 Dollars($10.00),the mutual agreements set
forth below, and other good and valuable consideration,the receipt and legal sufficiency of which
are hereby acknowledged,the parties hereto agree as follows:
1. Grant of Access Easement by Developer. Developer hereby grants to Posados and its
successors and assigns, for the benefit of the Posados Parcel, a free, continuous and non-exclusive
easement for purposes of ingress, egress, access and vehicular and pedestrian traffic on, over and
across the entrances,exits,driveways,walks and drive aisles located on the Developer Parcel,which
are intended for common use, as the same may exist from time to time.
2. Grant of Access Easement by Posados. Posados hereby grants to Developer and its
successors and assigns,for the benefit of the Developer Parcel,a free,continuous and non-exclusive
easement for purposes of ingress, egress, access and vehicular and pedestrian traffic on, over and
across(i)the entrances,exits,driveways,walks and drive aisles located on the Posados Parcel,which
are intended for common use, as the same may exist from time to time, and (ii) the drive aisles
marked by hatching on the site plan attached to this Agreement as Exhibit "C" and made a part
hereof(which drive aisles are hereinafter called the "Permanent Access Drives").
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3. No Obstructions. Except as may be required by governmental authorities,no fences,
posts, walls, barriers,barricades, abrupt changes in grade, or any other obstructions whatsoever to
the free movement of vehicular or pedestrian traffic,whether temporary or permanent in character,
shall ever be placed or allowed to remain on any portion of the easements granted herein,except that
(a)temporary barricades may be set up to divert vehicular and pedestrian traffic around portions of
the Parcels that are under repair or in need of repair(provided such repairs are diligently pursued to
completion),and(b)reasonable traffic controls as may be necessary to guide and control the orderly
flow of traffic may be installed,so long as the entrances to the driveways and parking areas on each
Parcel are not closed or blocked. Subject to the preceding sentence and the other specific
restrictions contained in this Agreement, each Owner has the right to construct, install, add to,
alter, change or remove any buildings and other improvements on its Parcel, except within the
Permanent Access Drives, at any time and from time to time, without the consent or approval of
the other Owner. Nothing in this Agreement shall be deemed or construed as a covenant or
obligation of Developer at any time to construct or install improvements of any kind on the
Developer Parcel.
4. Parking Requirements. Each Owner shall construct and maintain at all times on its
Parcel at least the minimum number of parking spaces necessary to comply with all zoning
ordinances and other governmental parking requirements applicable to the use of such Parcel. Each
Owner shall require al] tenants and occupants of such Owner's Parcel, and its and their respective
employees, agents, contractors,customers and invitees to park their vehicles only on such Owner's
Parcel.
5. Shared Pylon Sign Easement. Posados, as grantor, hereby grants to Developer, as
grantee,and its successors and assigns,for the benefit of the Developer Parcel,a free,continuous and
non-exclusive easement (the "Pylon Sign Easement") on, over and across the Posados Parcel for
purposes of(i) ingress and egress to and from the free-standing pylon sign (the "Pylon") to be
constructed by Posados in the northeast corner of the Posados Parcel and(ii)installing,maintaining,
repairing and replacing the grantee's sign panels thereon. The approximate location of the Pylon is
depicted on Exhibit "C". No other pylon or pole sign shall be erected on either Parcel, it being the
intent of the parties to maximize the signage area available to each of them by sharing the Pylon in
accordance with this Agreement. So long as a "Posados Cafe" restaurant is being operated on the
Posados Parcel,Posados shall have the right to use the top panel positions on the Pylon.
6. Construction and Maintenance of the Pylon; Sharing of Costs. Posados, at Posados' sole
cost and expense, shall cause the Pylon to be designed and constructed substantially as shown on
Exhibit"D"attached hereto and made a part hereof,and shall erect the Pylon at the location depicted
on Exhibit "C". Subject to the terms hereof, following construction of the Pylon by Posados, the
Owner of the Developer Parcel shall at all times have the right to install and maintain its sign panels
on the Pylon, subject to applicable city ordinances and Posados' right to the top position on the
Pylon. Any sign panels installed by the Owner of the Developer Parcel shall be no larger than
Posados' sign panels. Posados shall be solely responsible for the maintenance, repair and
replacement of the Pylon(including,without limitation,supplying electrical power to the Pylon),to
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be performed at Posados'sole cost and expense until such time as the Owner of the Developer Parcel
constructs a building on the Developer Parcel. At such time as a building is substantially completed
on the Developer Parcel, but in any event prior to any sign panel(s)being installed on the Pylon by
the Owner of the Developer Parcel,such Owner shall(a)reimburse Posados for fifty percent(50%)
of the documented costs actually paid by Posados for the design, construction and erection of the
Pylon, (b) thereafter reimburse Posados periodically, but at least once annually, for fifty percent
(50%) of the costs and expenses of ongoing maintenance,repair and replacement of the Pylon. Such
reimbursements shall include fifty percent(50%)of the cost of electrical service to the Pylon,unless
the Owner of the Developer Parcel elects to supply electric power to its sign box from the Developer
Parcel,in which event each Owner shall pay for its own electrical service to the Pylon. Each Owner
shall be solely responsible for the cost and expense of installation, maintenance, repair and
replacement of such Owner's sign panels on the Pylon.
7. Maintenance of Parcels. Each Owner shall at all times maintain, or cause to be
maintained, the exterior of all buildings and other improvements from time to time located on or
about its Parcel,including all entrances,exits,driveways,walks,drive aisles and other common area
facilities on such Owner's Parcel, in good condition and state of repair, consistent with standards
associated with first class shopping centers located in Brazos County,Texas and in accordance with
all applicable covenants and restrictions of record,if any. The Owner of the Posados Parcel shall,at
its sole cost and expense, maintain the Permanent Access Drives.
8. Non-Exclusive Easements. The easements herein granted are non-exclusive,and each
Owner reserves and retains the right to convey other,similar easements over its respective Parcel to
such other persons as such Owner may deem proper, provided that such other easements do not
materially interfere with any other Owner's use and enjoyment of the easements herein granted.
9. Benefit; Binding Effect. Each easement granted herein is intended to benefit the
respective grantee's Parcel, the grantee or grantees named herein, and their respective heirs
successors, assigns, tenants, subtenants, licensees and invitees. The easements shall not be
transferred,assigned,or encumbered except as appurtenant to the benefited parcel. This Agreement
is binding upon and shall inure to the benefit of the parties hereto,their respective heirs,successors
and assigns and all other persons or entities having or acquiring any right, title or interest in the
Developer Parcel or the Posados Parcel, or any portion thereof.
10. Perpetual Easements. The easements granted herein are appurtenant to and run with
the respective grantee's land, and shall be perpetual unless terminated as provided in Paragraph 15
hereof. Developer,on behalf of itself and its successors and assigns,is and shall be bound to warrant
and forever defend the easements herein granted to Posados,its successors and assigns,against every
person lawfully claiming or to claim the same or any part thereof. Posados,on behalf of itself and its
successors and assigns, is and shall be bound to warrant and forever defend the easements herein
granted to Developer,its successors and assigns,against every person lawfully claiming or to claim
the same or any part thereof.
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11. No Dedication or Public Easement. Nothing contained herein shall be deemed a gift
or dedication of any portion of the Developer Parcel or the Posados Parcel to the general public,or
for any public use or purpose whatsoever, it being the intention of the parties hereto that this
Agreement shall be strictly limited to and for the purposes herein expressed.
12. Mutual Indemnification. Each Owner,for itself and its successors and assigns(each,
an"Indemnitor")hereby indemnifies and agrees to defend and hold harmless the other Owner and its
successors and assigns (collectively, "Protected Parties"), from and against any and all claims,
demands,actions,liabilities,costs and expenses(including,without limitation,reasonable attorneys'
fees and costs of proceedings) incurred by the Protected Parties as a result of any injury, loss or
damage caused to a natural person or to the property of any person occurring on the Indemnitor's
Parcel, except to the extent such injury, loss or damage is caused by the negligence or the willful
act or omission of a Protected Party or its agent or contractor.
13. No Merger of Estates. In the event that fee simple title to the Posados Parcel and any
or all of the Developer Parcel should ever become vested in one person or entity, the easements
herein granted shall not be extinguished thereby,it being the express intention of the parties that this
Agreement shall remain in full force and effect notwithstanding any such merger of estates in and to
such property.
14. Prohibited Uses. No portion of the Parcels may be used, leased or subleased at any
time for any of the following uses: (i)any use which constitutes a public or private nuisance;(ii)any
mobile home park,trailer court,labor camp,junkyard,or stockyard(except that this provision shall
not prohibit the temporary use of construction trailers during periods of construction); (iii) any
dumping,disposing,incineration,or reduction of garbage(exclusive of dumpsters located to the rear
of any building, provided the same are suitably screened); (iv) any "fire sale," bankruptcy sale
(except pursuant to court order), auction house operation, or flea market; (v) any "going out of
business" sale;(vi)any animal raising facilities;(vii)any mortuary; (viii) any establishment selling
or exhibiting pornographic materials,or any other sexually oriented business;and(ix)any use which
creates offensive odors which are noticeable outside of any building,or any vibration,noise or sound
which can be felt or heard outside of any building and which is offensive due to intermittency,beat,
frequency,shrillness or loudness. Odors produced by normal restaurant operations shall be deemed
not to be offensive.
15. Subordination of Liens. Any deed of trust or mortgage lien affecting all or any
portion of a Parcel shall at all times be subject and subordinate to the terms of this Agreement. Any
person foreclosing any such lien or acquiring title by deed in lieu of foreclosure shall take title to the
property affected thereby subject to all of the terms of this Agreement.
16. Amendment. This Agreement may be amended or terminated only by written
agreement executed by the owners of fee simple title to all of the Developer Parcel and the Posados
Parcel,without the joinder of any tenants,subtenants,invitees,or licensees of such owners; and any
such amendment or termination agreement shall be effective when filed for record in the Official
Public Records of Brazos County, Texas.
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17. Notices. Any notice required or permitted to be given under this Agreement must be
in writing and may be delivered in person, or by United States certified mail, return receipt
requested,or by a nationally recognized overnight courier service,with postage or shipping charges
prepaid, properly addressed to the appropriate person as set forth below:
If to Developer: Gateway Six Partners, Ltd.
Attention: Frank Mihalopoulos
4645 N. Central Expressway, Suite 200
Dallas,Texas 75205
If to Posados: Gugar Family#2, Ltd.
Attention: Michael Gugar
1307 Dominion Plaza
Tyler, Texas 75703
Any notice given in the foregoing manner shall be effective upon the earlier of(i) actual
receipt by the intended party, (ii) one (1) business day after deposit with a nationally recognized
overnight courier service,or(iii)three(3)business days after deposit in the U.S. Mail as aforesaid.
Any party may change its address for delivery of notices from time to time by giving at least fifteen
(15) days' prior written notice of the new address to the other party in the manner set forth in this
Paragraph 17; provided that any such change of address notice shall be effective only upon actual
receipt by the intended party.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
otherwise unenforceable for any reason,the remaining provisions of this Agreement shall remain in
full force and effect and shall not be affected thereby.
19. Counterpart Execution. This Agreement may be executed in two or more identical
counterparts, each of which shall be deemed an original for all purposes and all of which together
shall constitute one and the same instrument.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
RECIPROCAL EASEMENT AGREEMENT—Page 5
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IN WITNESS WHEREOF,the parties have executed this Reciprocal Easement Agreement
as of the day and year first set forth above.
DEVELOPER:
GATEWAY SIX PARTNERS, LTD.,
a Texas limited partnership
By: Parklane Investments, Inc.
a Texas corporation,
its general partner
.
rank Mihalopoulo President
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of , / I , 006,by
Frank Mihalopoulos,President of Parklane Investments,Inc.,a Texas corporation,as general partner
of GATEWAY SIX PARTNERS, LTD., a Texas limited partnership, on behalf of such limited
partnership.
'�',�_,'jN�,_tSHARON 81MMOHE y !st/! •� _ 1
�•s � Notary Pubtk,itab of iwc ,
(so w///„���€ xrCommissionbpm D6-27-061 Notary 'ublic in and for . - State of Texas
Sao'''
RECIPROCAL EASEMENT AGREEMENT— Page 6
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POSADOS:
GUGAR FAMILY#2, LTD.,
a Texas limited partnership
By: Gugar Properties #2, LLC,
its general partner
By: 4 v
Name: V _
Title: -h Crat.AA*. L L«•
OA, raa•k e A
THE STATE OF TEXAS
COUNTY OF
This instrument was ac -Iowledged before me on the 7 ' day of 71-1
2006, by <.14iu4r/ , /2,4_ of� of Gugar Properties #2,
LLC, a Texas limited liabili ompany, as the general partner of Gugar Family#2, Ltd., a Texas
limited partnership, on behalf of such limited partnership.
STEVE SIMS
Notary Public
STATE OF TEXAS
'std Pa My Comm Exp.10.15.2008
/21vti/t- j 521r-1-4
(seal) Notary Public in and for the State of Texas
AFTER RECORDING, PLEASE RETURN TO:
Fidelity National Title Agency,Inc.
Attention: Polly Kendall
5430 LBJ Freeway, Suite 260
Dallas,Texas 75240
RECIPROCAL EASEMENT AGREEMENT B Page 7
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE DEVELOPER PARCEL
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN THE RICHARD CARTER LEAGUE, ABSTRACT NO. 8, BRYAN
AND COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE REMAINDER OF
A CALLED 24.95 ACRE TRACT AS DESCRIBED BY A DEED TO DON LAMAR, TRUSTEE,
RECORDED IN VOLUME 579, PAGE 319 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF STATE HIGHWAY
NO.6(VARIABLE WIDTH R.O.W.)MARKING THE SOUTH CORNER OF SAID REMAINDER OF 24.95
ACRE TRACT AND THE MOST EASTERLY NORTH CORNER OF LOT 9,BLOCK 1,THE GATEWAY,
PHASE I,ACCORDING TO THE PLAT RECORDED IN VOLUME 4998,PAGE 262 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 53° 57' 09" W ALONG THE COMMON LINE OF SAID REMAINDER OF 24.95 ACRE
TRACT AND SAID LOT 9 FOR A DISTANCE OF 572.80 FEET TO A '/z INCH IRON ROD FOUND
MARKING THE SOUTH CORNER OF SAID REMAINDER OF 24.95 ACRE TRACT AND AN INTERIOR
CORNER OF SAID LOT 9;
THENCE: N 36° 18' 21" W CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF
24.95 ACRE TRACT AND SAID LOT 9 FOR A DISTANCE OF 599.80 FEET TO A 1-1/4 INCH IRON
PIPE FOUND MARKING THE MOST NORTHERLY CORNER OF SAID LOT 9 AND THE EAST
CORNER OF A CALLED 50 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF BRYAN
RECORDED IN VOLUME 133, PAGE 607 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS,
SAID IRON PIPE FOUND BEING ON THE COMMON CITY LIMITS OF BRYAN AND COLLEGE
STATION, BRAZOS COUNTY, TEXAS;
THENCE: N 35° 16' 50" W ALONG THE COMMON LINE OF SAID REMAINDER OF 24.95 ACRE
TRACT AND SAID 50 ACRE TRACT FOR A DISTANCE OF 74.03 FEET TO A 5/8 INCH IRON ROD
SET MARKING THE SOUTH CORNER OF A CALLED 11.88 ACRE TRACT AS DESCRIBED BY A
DEED TO DON LAMER, TRUSTEE, RECORDED IN VOLUME 1131, PAGE 87 OF THE OFFICIAL
RECORDS OF BRAZOS COUNTY, TEXAS, SAID 11.88 ACRE TRACT BEING A PORTION OF SAID
24.95 ACRE TRACT;
THENCE: N 40° 35' 43" E THROUGH SAID 24.95 ACRE TRACT AND ALONG THE SOUTHEAST
LINE OF SAID 11.88 ACRE TRACT FOR A DISTANCE OF 613.70 FEET TO A 5/8 INCH IRON ROD
FOUND ON THE SOUTHWEST LINE OF STATE HIGHWAY NO.6 MARKING THE EAST CORNER OF
SAID 11.88 ACRE TRACT;
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00819040 OR 7138 258
THENCE: S 34° 27' 43" E ALONG THE SOUTHWEST LINE OF STATE HIGHWAY NO. 6 FOR A
DISTANCE OF 815.90 FEET TO THE POINT OF BEGINNING CONTAINING 9.99 ACRES OF LAND
AS SURVEYED ON THE GROUND SEPTEMBER, 2004;
SAVE AND EXCEPT THE FOLLOWING: BEGINNING AT A 'h INCH IRON ROD FOUND ON
THE WEST LINE OF STATE HIGHWAY NO. 6(VARIABLE WIDTH R.O.W.)MARKING THE
EAST CORNER OF SAID REMAINDER OF 24.95 ACRE TRACT AND THE NORTHEAST
CORNER OF LOT 9,BLOCK 1, GATEWAY SUBDIVISION,PHASE 1,ACCORDING TO THE
PLAT RECORDED IN VOLUME 4998,PAGE 262 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY,TEXAS,FOR REFERENCE A CONCRETE RIGHT-OF-WAY MARKER
FOUND MARKING AN ANGLE POINT IN SAID WEST LINE BEARS: S 36°24'22"E FOR A
DISTANCE OF 2.39 FEET;
THENCE: S 53°57'09" W ALONG THE COMMON LINE OF SAID REMAINDER OF 24.95 ACRE
TRACT AND SAID LOT 9 FOR A DISTANCE OF 372.80 FEET TO A POINT MARKING THE
SOUTH CORNER OF THIS HEREIN DESCRIBED TRACT, FOR REFERENCE A 1/2 INCH IRON
ROD FOUND MARKING THE SOUTH CORNER OF SAID REMAINDER OF 24.95 ACRE TRACT
BEARS: S 53°57'09"W FOR A DISTANCE OF 200.00 FEET;
THENCE: N 36° 18' 21"W THROUGH SAID REMAINDER OF 24.95 ACRE TRACT FOR A
DISTANCE OF 192.44 FEET TO A POINT MARKING THE WEST CORNER OF THIS HEREIN
DESCRIBED TRACT;
THENCE: N 55°32'42" E CONTINUING THROUGH SAID REMAINDER OF 24.95 ACRE TRACT
FOR A DISTANCE OF 378.85 FEET TO A POINT ON THE WEST LINE OF STATE HIGHWAY NO.
6 MARKING THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT,FOR REFERENCE A
1/2 INCH IRON ROD FOUND BEARS: N 34°27'43"W FOR A DISTANCE OF 633.93 FEET;
THENCE: S 34°27'43"E ALONG THE WEST LINE OF STATE HIGHWAY NO.6 FOR A DISTANCE
OF 181.98 FEET TO THE POINT OF BEGINNING CONTAINING 1.615 ACRES OF LAND AS
SURVEYED ON THE GROUND JANUARY, 2006. SEE PLAT PREPARED JANUARY 2006, FOR
MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE
PLAT CALL BEARINGS OF SAID LOT 9,GATEWAY SUBDIVISION ,PHASE 1,4998/262.
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009170410 DR 7188 2.9
EXHIBIT "B"
LEGAL DESCRIPTION OF THE POSADOS PARCEL
TRACT 1:
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND
BEING SITUATED IN THE RICHARD CARTER LEAGUE,ABSTRACT NO. 8, COLLEGE
STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER
OF A CALLED 24.95 ACRE TRACT AS DESCRIBED BY A DEED TO DON LAMAR,TRUSTEE,
RECORDED IN VOLUME 579,PAGE 319 OF THE DEED RECORDS OF BRAZOS COUNTY,
TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE WEST LINE OF STATE HIGHWAY NO.
6(VARIABLE WIDTH R.O.W.)MARKING THE EAST CORNER OF SAID REMAINDER OF 24.95
ACRE TRACT AND THE NORTHEAST CORNER OF LOT 9,BLOCK 1, GATEWAY
SUBDIVISION,PHASE 1, ACCORDING TO THE PLAT RECORDED IN VOLUME 4998, PAGE 262
OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS,FOR REFERENCE A
CONCRETE RIGHT-OF-WAY MARKER FOUND MARKING AN ANGLE POINT IN SAID WEST
LINE BEARS: S 36°24'22" E FOR A DISTANCE OF 2.39 FEET;
THENCE: S 53°57'09"W ALONG THE COMMON LINE OF SAID REMAINDER OF 24.95 ACRE
TRACT AND SAID LOT 9 FOR A DISTANCE OF 372.80 FEET TO A POINT MARKING THE
SOUTH CORNER OF THIS HEREIN DESCRIBED TRACT,FOR REFERENCE A'/2 INCH IRON
ROD FOUND MARKING THE SOUTH CORNER OF SAID REMAINDER OF 24.95 ACRE TRACT
BEARS: S 53°57'09" W FOR A DISTANCE OF 200.00 FEET;
THENCE: N 36° 18'21" W THROUGH SAID REMAINDER OF 24.95 ACRE TRACT FOR A
DISTANCE OF 192.44 FEET TO A POINT MARKING THE WEST CORNER OF THIS HEREIN
DESCRIBED TRACT;
THENCE: N 55°32'42" E CONTINUING THROUGH SAID REMAINDER OF 24.95 ACRE TRACT
FOR A DISTANCE OF 378.85 FEET TO A POINT ON THE WEST LINE OF STATE HIGHWAY NO.
6 MARKING THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT, FOR REFERENCE A
1/2 INCH IRON ROD FOUND BEARS: N 34°27'43"W FOR A DISTANCE OF 633.93 FEET;
THENCE: S 34°27'43" E ALONG THE WEST LINE OF STATE HIGHWAY NO. 6 FOR A
DISTANCE OF 181.98 FEET TO THE POINT OF BEGINNING CONTAINING 1.615 ACRES OF
LAND AS SURVEYED ON THE GROUND JANUARY,2006. SEE PLAT PREPARED JANUARY
2006,FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS
BASED ON THE PLAT CALL BEARINGS OF SAID LOT 9, GATEWAY SUBDIVISION ,PHASE 1,
4998/262.
(CONTINUED ON NEXT PAGE)
TRACT 2:
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009191140 DR 7188 260
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN COLLEGE STATION,BRAZOS COUNTY, TEXAS. SAID
TRACT BEING A PORTION OF LOT 9, BLOCK 1, THE GATEWAY,PHASE I, ACCORDING TO
THE PLAT RECORDED IN VOLUME 4998, PAGE 262 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY,TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A '/2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF STATE
HIGHWAY NO. 6(VARIABLE WIDTH R.O.W.)MARKING THE MOST EASTERLY NORTH
CORNER OF SAID LOT 9 AND THE EAST CORNER OF THE REMAINDER OF A CALLED 24.95
ACRE TRACT AS DESCRIBED BY A DEED TO DON LAMAR,TRUSTEE,RECORDED IN
VOLUME 579,PAGE 319 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS;
THENCE: S 36°24' 22"E ALONG THE SOUTHWEST LINE OF STATE HIGHWAY NO. 6 FOR A
DISTANCE OF 2.39 FEET TO A CONCRETE RIGHT-OF-WAY MARKER FOUND MARKING AN
ANGLE POINT IN SAID LINE;
THENCE: S 20°48'08" E CONTINUING ALONG THE SOUTHWEST LINE OF STATE HIGHWAY
NO. 6 FOR A DISTANCE OF 45.64 FEET TO A POINT MARKING THE NORTH CORNER OF LOT
10B,BLOCK 1,PHASE I, GATEWAY SUBDIVISION,ACCORDING TO THE PLAT RECORDED
IN VOLUME 5996,PAGE 195 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,
TEXAS;
THENCE: S 53°57' 57"W ALONG THE COMMON LINE OF SAID LOT 9 AND LOT 10B FOR A
DISTANCE OF 327.04 FEET TO A POINT MARKING THE MOST SOUTHERLY CORNER OF THIS
HEREIN DESCRIBED TRACT;
THENCE: N 40°44'48" W THROUGH SAID LOT 9 FOR A DISTANCE OF 46.50 FEET TO A POINT
ON THE COMMON LINE OF SAID LOT 9 AND SAID REMAINDER OF 24.95 ACRE TRACT,FOR
REFERENCE A 'A INCH IRON ROD FOUND MARKING AN INTERIOR NORTH CORNER OF
SAID LOT 9 AND THE SOUTH CORNER OF SAID REMAINDER OF 24.95 ACRE TRACT BEARS:
S 53° 57'09"W FOR A DISTANCE OF 229.97 FEET;
THENCE: N 53°57'09"E ALONG THE COMMON LINE OF SAID LOT 9 AND SAID REMAINDER
OF 24.95 ACRE TRACT FOR A DISTANCE OF 342.83 FEET TO THE POINT OF BEGINNING
CONTAINING 0.357 OF AN ACRE OF LAND AS SURVEYED ON THE GROUND SEPTEMBER,
2004. SEE PLAT PREPARED OCTOBER, 2004, FOR MORE DESCRIPTIVE INFORMATION.
BEARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT CALL BEARINGS OF SAID LOT
9, 4998/262.
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00919040 OR 7188 263
Filed for Record in:
BRAZOS COUNTY
On: Mar 09,2006 at 02:29P
As a
Recordings
Document Number: 00919040
Amount 63.00
Receipt Number - 286026
89,
Susie Cohen
STATE OF TEXAS COUNTY OF BRAZOS
I hereby certify that this instrument was
filed on the date and tine stared hereon be me
and was duly recorded in the volume and page
of the Official Public records of:
BRAZOS COUNTY
as stamped hereon be me.
Mar 0912006
HONORABLE KAREN MCQUEEN, COUNTY CLERK
BRAZOS COUNTY
0
GF 1 -J+►i°" Coc B[ Vol `8
.
_
't t•J
2 137
dill&SetUT►t a OO,pany
UInWV Dra er DT ��� FIRST AMENDMENT TO
stationTexas RECIPROCAL EASEMENT AGREEMENT
d�Ile9a p\1
GIFit 1,lv is First Amendment to Reciprocal Easement Agreement(this"Amendment")is made and
entered into as of the 151 day of (vt e.-- , 2006 by and between GATEWAY SIX
PARTNERS,LTD.,a Texas limited partnership("Developer"), and GUGAR FAMILY#2,LTD.,a
Texas limited partnership ("Posados").
RECITALS:
A. Developer and Posados entered into that certain Reciprocal Easement Agreement,
dated effective as of March 7,2006,recorded in Volume 7188,Page 250,Official Records ofBrazos
County, Texas ("REA"), to which reference is made for a description of the land affected by the
REA.
B. Developer and Posados now desire to amend the REA to reflect a change in the site
plan for the Posados Parcel, as more fully set forth in this Amendment.
AGREEMENTS:
In consideration of the sum of Ten and No/100 Dollars($10.00),the mutual agreements set
forth below, and other good and valuable consideration,the receipt and legal sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. Defined Terms. Unless otherwise defined herein, capitalized terms used in this
Amendment shall have the meanings given to such terms in the REA. •
2. Substitution of Amended Site Plan Exhibit. Developer and Posados acknowledge that
the topography of the Posados Parcel prevents construction of one of the Permanent Access
Driveways in the location shown on the site plan attached to the REA as Exhibit "C". The parties
agree to replace,and do hereby replace,the site plan attached to the REA with the amended site plan
attached to this Amendment as Exhibit "C". The Permanent Access Drives are marked by cross-
hatching on the amended site plan attached hereto as Exhibit "C" and made a part of the REA.
3. Developer's Rights in Future Access Area. Posados agrees that if at any time
Developer determines a need exists for an additional curb cut and drive aisle between the
Developer Parcel and the Posados Parcel, Developer shall have the right, at Developer's sole cost
and expense, to remove the curb and any landscaping within the Future Access Area shown on
Exhibit "C" attached hereto and construct a driveway, not exceeding twenty-four (24) feet in
width, within the Future Access Area. Posados agrees to cooperate reasonably with Developer, at
no cost to Posados, in obtaining all governmental approvals and permits required for constructing
such driveway on the Posados Parcel, including, without limitation, executing applications and
other documents relating to such approvals and permits. When completed,the driveway within the
FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT—Page 1
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009294-71 OR 73 174
Future Access Area shall be deemed to be a part of the Permanent Access Drives for purposes of
the REA.
4. Effect of Amendment. Except as hereby amended, the ECR (including, without
limitation, Exhibits A, B and D attached thereto) shall continue in full force and effect as
originally entered into.
5. Counterpart Execution. This Amendment may be executed in two or more identical
counterparts, each of which shall be deemed an original for all purposes and all of which together
shall constitute one and the same agreement.
IN WITNESS WHEREOF,the parties have executed this First Amendment to Reciprocal
Easement Agreement as of the day and year first set forth above.
DEVELOPER:
GATEWAY SIX PARTNERS, LTD.,
a Texas limited partnership
By: Parklane Investments, Inc.
a Texas corporation,
its general partner
By: • , �Afor. /
P.
Frank Mihalopoulos,President
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the O ,tday of ,2006,by
Frank Mihalopoulos,President of Parklane Investments,Inc.,a Texas corpora n,as general partner
of GATEWAY SIX PARTNERS, LTD., a Texas limited partnership, on behalf of such limited
partnership.
.,�vrU 7EST.IFWATKINS i `1
i *` �� * Notary Public i
f\ State of Texas
( ;;AT, My Comm.Exp.03-12-2007 = N` ary ublic in and for the State of Texas
FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT—Page 2
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00929'471 OR 7382 135
POSADOS:
GUGAR FAMILY#2, LTD.,
a Texas limited partnership
By: Gugar Properties #2, LLC,
its gener 1 partner
By:
Name: OEM Or
n,
Title:,wner '.a l; . !►, i ��Gybj' Jest? t
THE STATE OF TEXAS §
COUNTY OF 5rn`►}h §
si-
n-As instrument was acknowledged before eon the l day of -310-k ,
2006, by �,r�re,, e,— of Gugar Properties #2,
LLC, a Texas limited liabiil y company, as the general partner of Gugar Family#2,Ltd., a Texas
limited partnership, on behalf of such limited partnership.
oPqv Pus, •
(seal) = z _.,;l;;i c" Noj Public in and for the State of Texas +
'•.EXPtR�'.• �
FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT-Page 3
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09294.71 LIR 7282 1�
JOINDER OF MORTGAGEE
Regions Bank, beneficiary under that certain Deed of Trust dated as of
NI,becv T, 2004 , 2006, recorded in Volume 7/ge , Page .2 b , Official
Records of Brazos County, Texas,joins in the execution of this instrument in order to evidence
its consent to the terms of this instrument, and to subordinate its lien and security interests to
the easements granted herein.
REGIONS BANK,
aN AG4415,9n�4 aRf 2d 7i0&
B . • r.S�"-3,426!,u.Aki
I ame: I AOR. VICE. Roz-s,A
Ti e:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the 074/1 day of ,2006,by
� t /4p r_s of egions Bank, aN
11,1,t d.rit a. CAA-7)44 :63x,, ,on behalf of such
GAIL WRIGHT ota
��� :'= $Y COMMISSION EXPIRE
i� •.; Notary Pu cin and for the S a e of Texas
June 22,2006
AFTER RECORDING, PLEASE RETURN TO:
Fidelity National Tide Agency, Inc.
Attention: Polly Kendall
5430 LBJ Freeway, Suite 260
Dallas,Texas 75240
FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT-Page 4
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0092Y471 OR 7382 137