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HomeMy WebLinkAboutEasements 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 DRIVERS LICENSE NUMBER. " EASEMENT AGREEMENT FOR RECIPROCAL ACCESS DATE: MAY)7?,11007 FIRST PARTY: TED WHITMER AND MARCIA MCKEEHAN WHITMER FIRST PARTY'S MAILING ADDRESS: [INCLUDE COUNTY] 2805 N. Pecos Street,Nacogdoches, County, Texas 75965 SECOND PARTY: CHARLES RUSSELL HANNA AND RUTH LANETTE HANNA SECOND PARTY'S MAILING ADDRESS: [INCLUDE COUNTY] FIRST PARTY'S LIENHOLDER: BRAZOS VALLEY BANK,N.A. FIRST PARTY'S LIENHOLDER'S MAILING ADDRESS: [INCLUDE COUNTY] 4030 State Hwy. 6 S., College Station, Brazos County, Texas 77845 SECOND PARTY'S LIENHOLDER: NONE SECOND PARTY'S LIENHOLDER'S MAILING ADDRESS: [INCLUDE COUNTY] NONE FIRST PARTY'S PROPERTY: LOT NINETEEN B-R (19 B-R), BLOCK TEN (10), SOUTHWOOD SECTION 26, CITY OF COLLEGE STATION, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 7766, PAGE 153 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS SECOND PARTY'S PROPERTY: LOT NINETEEN A-R (19 A-R), BLOCK TEN (10), SOUTHWOOD SECTION 26, CITY OF COLLEGE STATION, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 7766, PAGE 153 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS FIRST PARTY'S EASEMENT PROPERTY: 12' x 50' TRACT AS REFLECTED ON PLAT RECORDED IN VOLUME 7766, PAGE 153 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY,TEXAS. SECOND PARTY'S EASEMENT PROPERTY: 12' X 50' TRACT AS REFLECTED ON PLAT RECORDED IN VOLUME 7766, PAGE 153 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. EASEMENT PURPOSE: For providing free and uninterrupted pedestrian and vehicular ingress to, egress from, and access across, upon and between First Party's Property and Second Party's Property, portions thereof, and the C'./MD/REAL ESTATE/FORMS/ACCESS EASEMENTS/WHITMER-HANNA EASEMENT AGREEMENT PAGE 1 OF 6 public rights of way adjoining First Party's Property and Second Party's Property, all by virtue of the use of First Party's Easement Property and Second Party's Easement Property. 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. EXCEPTIONS TO WARRANTY OF FIRST PARTY'S PROPERTY: ALL OF RECORD. EXCEPTIONS TO WARRANTY OF SECOND PARTY'S PROPERTY: ALL OF RECORD. 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, and assigns forever. First Party binds First Party and First Party's heirs, successors, and assigns to warrant and forever defend the title to the easement, rights, 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 whomsoever lawfully claiming or to claim the easement, rights, or appurtenances, or any part thereof, except as to the Reservations from Conveyance of Second Party's 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, successors, and assigns of the Parties who at any time own the Properties or any interest therein (as applicable,the"Holders"). C:/MD/REAL ESTATE/FORMS/ACCESS EASEMENTS/WHITMER-HANNA EASEMENT AGREEMENT PAGE 2 OF 6 2. 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, successors, and assigns (i) the right to use all or part of the Easements in conjunction with any other Holder and(ii)the right to convey to others the right to use all or part of the Easements in conjunctions with the Holders, as long as such further conveyance is subject to the terms of this agreement and does not interfere with the rights of other Holders. 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 unreasonably impede customary vehicular traffic flow, or otherwise 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. The Parties covenant that no parking shall be permitted within the Easements. Holders and their respective employees, customers, and other invitees will not be entitled to park on the other Holder's Properties but will be permitted to walk or drive across and otherwise traverse the Properties to obtain ingress to or egress from the other Properties. 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 maintaining 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 18 percent per year). Notwithstanding the foregoing covenants related to the sharing of maintenance and repair of Easements, in the event a Holder (or such Holders employee, business invitee or other guest) shall negligently or willfully damage the Easements or any improvements within the Easements, such Holder shall be solely obligated to immediately repair such damage at such Holder's sole expense. 6. Rights Reserved. Each Party reserves for the Party and that Party's heirs, 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 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 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. MISCELLANEOUS PROVISIONS: 1. Attorney's Fees. If either 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. C:/MD/REAL ESTATE/FORMS/ACCESS EASEMENTS/WHITMER-HANNA EASEMENT AGREEMENT PAGE 3 OF 6 2. Binding Effect. This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. 3. 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 other jurisdiction. Venue is in the county or counties in which the Properties are located. 4. Counterparts. The 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. Recitals. Any recitals in this agreement are represented by the Parties to be accurate, and constitute a part of the substantive agreement. 12. Time. Time is 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. C:/MD/REAL ESTATE/FORMS/ACCESS EASEMENfS/WH TMER-HANNA EASEMENT AGREEMENT PAGE 4 OF 6 e411' j -s• TED WHITMER CHARLES RUSSELL HANNA da/t- MARCIA MCKEEHAN WHITMER RUTH LANETTE HANNA STATE OF TEXAS § § COUNTY OF BRAZOS § ,y�j This instrument was acknowledged before me on the �' day of MAY, 2007, by TED WHITMER, on behalf of said company. off*, J. FRED BAYLISS� *i��, Notary Public,State of Texas I j* My Commission Expires .F�.P DECEMBER 10,2007 Notary Public, The State of Texas STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of MAY, 2007, by MARCIA MCKEEHAN WHITMER, on behalf of said company. ttttt o:�ar . , RANDY L. RENSHAW (41 A/4440,4„r 1*: a Notary Public,State of Texas '4,1••••.4' SMeptember 27,2009Commission Expires Notary Public, The State of Texas ' F o STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on the , day of MAY, 2007, by CHARLES RUSSELL HANNA, on behalf of said company. State of COOKS dpof �: ( / NotaDEEry Pubtic, Texas My CommissionDEE Expires ► otary Pub • , he S ate of Texas 64 T JANUARY 2,2008 I § COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of MAY, 2007, by RUTH LANETTE HANNA, on behalf of said company. / ts-O, DEE DEE COOKS * Notary Public,State of Texas Notary Public, The State of Texas /\ My Commission Expires JANUARY 2,2008 C./MD/REAL ESTATE/FORMS/ACCESS EASEMENTS/WHITMER-HANNA EASEMENT AGREEMENT PAGE 5 OF 6