HomeMy WebLinkAboutEasement Easement Agreement for Reciprocal Access and Parking
Date: April / , 2008
First Party: LTC Real Estate Holdings, LLC, a Texas limited liability company
First Party's Mailing Address: 3000 Briarcrest Drive, Suite 600
Bryan, Brazos County, Texas 78o2
Second Party: Copperpointe Partnership, a general partnership
Second Party's Mailing Address: 304 East Blue Bell Road
Brenham, Brenham County,Texas 77833
First Party's Property Lot One-R (1-R), Block One (1), Crescent
Pointe, Phase 2, an Addition to the City of
College Station, according to the Plat
recorded in Volume 8130, Page 255 of the
Official Records of Brazos County,Texas.
Second Party's Property: Lot Two-R (2-R), Block One (1), Crescent
Pointe, Phase 2, an Addition to the City of
College Station, according to the Plat
recorded in Volume 8130, Page 255 of the
Official Records of Brazos County, Texas.
Easement Purpose: For providing free and uninterrupted pedestrian and
vehicular ingress to, egress from, parking on, and access
across and between First Party's Property and Second
Party's Property and portions thereof.
Consideration: The sum of TEN AND NO/ioo DOLLARS ($1o.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 Warranty of First Party's Property:
1. Present restrictions, if any, existing against said property;
2. Existing building and zoning ordinances, if any;
3. Rights of parties in possession; and
4. Existing utility easements reserved on any subdivision plat and/or
granted by separate instruments affecting said property.
Reservations from Conveyance of Second Party's Property NONE
Exceptions to Warranty of Second Party's Property
1. Present restrictions, if any, existing against said property;
2. Existing building and zoning ordinances, if any;
3. Rights of parties in possession; and
4. Existing utility easements reserved on any subdivision plat and/or
granted by separate instruments affecting said property.
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 access and parking 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. Notwithstanding
anything contained herein to the contrary, the parking easement shall be limited to
customers of Second Party and specifically excludes employees of Second Party.
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 access and parking 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.
Notwithstanding anything contained herein to the contrary, the parking easement
shall be limited to customers of First Party and specifically excludes employees of
First Party.
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:
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,
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 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 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 agreement, however, except for a sale of the Party's
Property that the Party owns in fee simple, each Party may only convey an
easement over and across the Property that Party owns in fee simple and may
not convey easements across the other Party's Property.
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
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 customers, and other
invitees. A Holder's customers, and other invitees will be entitled to park on
the other Holder's Properties and will be permitted to walk or drive across
and otherwise traverse the Properties to obtain ingress to or egress from the
other Properties,however,each Party may only convey an easement over and
across the Property that Party owns in fee simple and may not convey
easements across the other Party's Property. If a Party conveys its fee simple
interest in its Property, it shall also convey the easement rights granted
herein. Notwithstanding the provisions of Paragraph 4, neither Party grants
an Easement over and across the shaded areas marked on Exhibit A which
are exclusively reserved for building purposes, only.
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 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 rate of 10 percent per year.
6. Rights Reserved. Each Party reserves for that 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.
8. 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.
9. Binding Effect. This agreement binds and inures to the benefit of the
Parties and their respective heirs, successors, and permitted assigns.
10. 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.
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.
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. 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
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.
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.
LTC REAL ESTATE HOLDINGS, LLC, a Texas
limited liability com „
By:
Name: •uis A. Ma -chek
Title: -mbe l
By:
4111 rjar
Name: Ja,Do Watson
Title: M; b•r
By: AN /
Name: Walter S. Campbell
Title: Member
COPPERPOIN'TE PARTNERSHIP, a general
partnership
By: i< A44;''L-
Name: Joe ` orzycki
Title: Ge eral Partner
STATE OF TEXAS )
COUNTY OF BRAZOS )
This instrument was acknowledged before me on April ' , 2008 by Louis A.
Malechek III, a Member of LTC REAL ESTATE HOLDINGS, LLC, a Texas limited
liability company.
{+ <,p MARRI A,SMITH 1 At...
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""r rl►� Punnc,state of Texas + Notary Public, State of Texas
'moi, My Commission Expires i My Commission Expires:
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STATE OF TEXAS )
COUNTY OF BRAZOS )
This instrument was acknowledged before me on April , 2008 by Jay Don Watson,
a Member of LTC REAL ESTATE HOLDINGS, LLC, a Texas limited liability company.
til` `` MARRI A.SMITH L))1 , Akt),4
A.
jewirte Notary Pubfic,state of Texas 1
14# Nota Public, State of Texas
layCommission Exps ire �'�>- OCTOBER 1,2008 t My Commission Expires:
STATE OF TEXAS )
COUNTY OF BRAZOS )
This instrument was acknowledged before me on April / , 2008 by Walter S.
Campbell, a Member of LTC REAL ESTATE HOLDINGS, LLC, a Texas limited liability
company.
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�, f M�..4 MARRI A.SMITH Notary Public, State of Texas
* i' Notary Public,state of Texas ► Commission Expires:
f /� .. My Commission Expires y Y p
OCTOBER 1,2008
STATE OF TEXAS
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COUNTY OFt: «- ct , )
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This instrument was acknowledged before me on Aprils-- , 2008 by Joe Gorzycki, a
General Partner of COPPERPOINTE PARTNERSHIP, a general partnership.
Notary Public, State of Teas
;.�aYsy; DEBBIE°HOtate of MyCommission Expires: /
-1,E Notary Public,State of Texas
;N. i� ••..k- My Commission Expires
''%'„ January 10,2010 '
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