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ACCESS EASEMENT AGREEMENT • . +
THE STATE OF TEXAS S
S KNOW ATC. adS ENTSt
COUNTY OF BRAZOS S
AGREEMENT made on the day, month and year hereafter written, by and
between JERRY J.MOORE and wife JEAN H.MOORE("Moore")of Harris County,Texas,
and JOHN C. CULPEPPER, JR. and wife MARY ANN MASSENGALE CULPEPPER
("Culpepper")of Brazos County,Texas,upon the following terms and provisions,and thus
WITNESSETH:
WHEREAS, Moore is the owner of certain real property situated in Brazos
County,Texas, and being more particularly described by motes and bounds in Exhibit"A"
which is attached hereto and made a part hereof for all purposes("Moore Property");
WHEREAS, Culpepper is the owner of certain real property situated in
Brazos County, Texas, and being more particularly described by metes and bounds in
Exhibit "B" which is attached hereto and made a part hereof for all purposes("Culpepper
Property");
WHEREAS, the Moore Property is adjacent to the Culpepper Property and
the southwesternmost boundary line of the Culpepper Property coincides with the
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northeastornmost boundary line of the Moore Property;and
WHEREAS, at this time there is no ingress and egress between the
Culpepper Property and Dominik Road and Culpepper desires and wishes to obtain a non- -
exclusive right-of-way easement over and across a portion of the Moore Property and
along its northeastornmost boundary line in order to provide for such ingress and egress,
and Moore has agreed to provide such non-exclusive right-of-way easement on the terms
and provisions set forth heroin. t ,y
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NOW, THEREFORE, for and in consideration of the mutual agreements [•,
contained heroin and Ono and No/100 ($1.00) Dollars and other good and valuable V
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consideration,to each in hand paid by the other,it is agreed as follows:
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1. Moore for Moore and Moore's heirs,representatives,successors and assigns
has and by these presents does grant unto Culpepper, Culpepper's heirs, representatives,
successors and assigns,a non-exclusive i .4.•••right-of--way easement for;ogress and egress only
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between the Culpepper Property and Dominik Road over and across that certain real
11/44.
property situated in Brazos County, Terxas, being out of and a part of the Moore {
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MS-286
VOL 1.068 nu 370
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Property,and being more particularly described by metes and bounds in Exhibit"C"which
is attached hereto and made a part hereof for all purposes("Easement Property").
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2. The term of the right-of-way easement &anted herein shall run concur-
rently with Culpepper's fee simple ownership of the Culpepper Property, and upon
cessation of such fee simple ownership by Culpepper said easement shall terminate
automatically unless it is extended by the mutual agreement of the owners of the
Culpepper Property and the Moore Property which extension shall be effective only upon
the recordation in the Official Public Records of Real Property of Brazos County, Texas
of a written Instrument to that effect duly executed and acknowledged by the owners of
said properties.
3. Moore reserves the right to impose and enforce reasonable rules and
regulations to provide for the safe use of the Easement Property by pedestrians and motor
vehicles.
4. Moore reserves the right (a)to use the Easement Property for any purpose
not inconsistent with the grant of this right-of-way easement; (b) to grant other and
further easements in and to the Easement Property so long as the same do not
unreasonably interfere with the enjoyment of the right-of-way easement granted herein;
and(c)to construct, install,operate, maintain,repair,replace or remove any facilities in,
on or under the Easement Property so long as the exercise thereof does not unreasonably
prevent the use of the right-of-way easement granted herein.
5. It is specially understood and stipulated that (a) Moore shall not bear any
risk of loss or damage to any person or property that may result from the use and
enjoyment of the right-of-way easement granted hewrein; (b) Moore shall not be
obligated, expressly or impliedly, to place, maintain, repair, replace or remove concrete
or similar material on the surface of the Easement Property; and(c)should Moore place
concrete or similar material on the surface of the Easement Property pursuant to the
right herein reserved by him, Culpepper covenants and agrees for Culpepper and
Culpepper's employees, agents, guests, invitees, and licensees that no vehicles shall be
operated on or about the Easement Property if the operation thereof might, could, or
would cause damage to said concrete or similar material and if any such damage is so
caused,Culpepper shall bear and pay all costs and expense to correct such damage.
6. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas. No provision of this Agreement shall be modified or amended,
in whole or in part, without the prior written Consent of the then owners of the properties
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affected thereby. This Agreement shall bind and extend to the benefit of the parties
hereto and their respective heirs,representatives,successors and assigns. •
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IN WITNESS WHEREOF, this Instrument is executed this 29th day of
July ,1988.
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THE STATE OF TEXAS S '
COUNTY OF HARRIS S
This instrument was acknowledged before me on this the 29th day of
July ,1988 by JERRY J.MOORE.
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.. _/\ * ROLAND N.FLICK,JR. N tary Public in and for
.%--7.j1/4......--7---1 NOTARY PUBLIC IN AND FOR The State Of TEXAS
k /,-\\ ,jC THE STATE OF TEXAS
A\. .,, i (Printed or Typed Name of Notary)
l •......••'; . 12-22 888
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•r i�,,s•o'' (Commission Expiration Date)
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THE STATE OF TEXAS S
COUNTY OF HARRIS S
This instrument was acknowledged before me on this the 29th day of
r,.t y ,1988 by JEAN H.MOORE. '--
FRY PG''% (/( •
.61' clary Public in and for
�p The State of T B X AS
A\=;� * ROLAND N.FLICK,JR.
��. y NOTARY PUBLIC IN AND FOR jprinted or Typed Name of Notary) .'
/��\\�• y THE STATE OF TEXAS 22
. �� . it• tComm Tonration Date)
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THE STATE OP TEXAS S
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• COUNTY OF HARRIS S •
This instrument was acknowledged before me on this the 29th day of
July ,1988 by JOHN C.CULPEPPER,JR.
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•°.•. ..-......,70. ary Public in and for
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J�_��* ROLAND N.FLICK.JR. The State of TEXAS
! NOTARY PUBLIC IN AND FOR
Et i 1 THE STATE OF TEXAS ZPrinted or Typed Name of Notary)
l'ti•✓\l,r,N.. 12-22-88
irF••.......•*,,,,-;, r mmission Expiration Date)
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THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This instrument was acknowledged before mo on this the 29th day of
July ,1988 by MARY ANN MASSENOALE CULPEPPER.
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otary Public in and for
.......:....•...' The State of TEXAS
`..9 I'� .'k/C= ROLAND N.FLICK.JR. (Printed or Typed Name of Notary)
:--' 7;•••2 4 2 NOTARY PUBLIC IN AND FOR iCOm1mission 8 Expiration
.1/'.,t t DIE STATE OF TEXASDate)
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AFTER RECORDING RETURN TO:
• CHARLINE JOHNSON
C(5(MONNEALTH LAND TITLE CO.
5847 SAN FELIPE, SUITE 600
HOUSTON, TEXAS 77057
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VOL 1068 373
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FILED OF , Ecoi b uPo•ti
APPRouAL OF /0-PLAT
PRIVATE ACCESS EASEMENT AGREEMENT
DATE: June , 2008
GRANTOR: Clarke &Wyndham, Inc.
3608 East 29`h Street, Suite 100
Bryan, Texas 77802
GRANTEE: Bentley I Partnership
3608 East 29th Street, Suite 100
Bryan, Texas 77802
LIENHOLDER: First National Bank
2807 South Texas Avenue
Bryan, Texas 77802
EASEMENT PROPERTY:
That certain tract of real property located in College Station, Brazos County, Texas, more
particularly depicted in Exhibit "A" and described in Exhibit "B" attached hereto and made a part
hereof.
EASEMENT PURPOSE:
The purpose of the easement is for vehicular, pedestrian, and other surface-only access to Lot
10B, Block B, Culpepper Plaza Addition (being a replat of Lot 10, Block B, Culpepper Plaza
Addition).
CONSIDERATION:
Cash in hand paid, the further consideration of the easement grant and the mutual covenants and
agreements contained in this Agreement, and other good and valuable consideration, the receipt
and sufficiency of which is acknowledged and stipulated.
DURATION OF EASEMENT:
This easement shall remain in effect into perpetuity.
AGREEMENT:
Grantor, for the consideration above, grants, sells, and conveys to Grantee an easement over,
upon, and across, the Easement Property for the Easement Purpose for the benefit of access,
together with all and singular the rights and appurtenances thereto in any wise belonging, to have
and hold it to Grantee, Grantee's heirs, successors, or assigns for the Duration of Easement.
Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and
singular the easement to Grantee and Grantee's heirs, successors, and assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
MAINTENANCE OF EASEMENT:
Grantor agrees to maintain the Easement Property, for Duration of Easement, in a manner
sufficient to allow for adequate use for the Easement Purpose.
CLARKE&WYNDHAM, INC.
By: Paul J. Clarke
Its President
Paul J. Clarke
STATE OF TEXAS §
§ ACKNOWLEDGEMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of June, 2008, by Paul J.
Clarke, the President of Clarke & Wyndham, Inc.
Notary Public in and for The State of Texas
CONSENT AND SUBORDINATION BY LIENHOLDER
Lienholder, as the holder of lien(s) on the fee simple title to the Easement Property, consents to
the above grant of an easement, including the terms and conditions of such grant, and Lienholder
subordinates its lien(s) to the rights and interests of the easement, such that a foreclosure of the lien(s)
will not extinguish the rights and interests of the easement.
FIRST NATIONAL BANK
By:
Name:
Title:
STATE OF TEXAS §
§ ACKNOWLEDGEMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of June, 2008, by
, the of First National Bank,
on behalf of said banking institution.
Notary Public in and for The State of Texas
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Exhibit"B"
FIELD NOTES
24' WIDE PRIVATE ACCESS EASEMENT
OUT OF LOT 9,BLOCK B, CULPEPPER PLAZA ADDITION
0.1913 ACRES
Being all that certain tract or parcel of land lying and being situated in the RICHARD
CARTER SURVEY, Abstract No. 8, in College Station, Brazos County, Texas and being
part of Lot 9, Block B of the Replat of Parcel IV, Block B CULPEPPER PLAZA
ADDITION as recorded in Volume 2855, Page 149 of the Official Records of Brazos
County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as
follows:
COMMENCING: at a found 1/2-inch iron pipe marking the common most northerly
corner of said Lot 9 and Lot 6, Block B of the Replat of Parcels I & II and Lots 1OR &
11, Block B CULPEPPER PLAZA ADDITION as recorded in Volume 7692, Page 177
(O.R.B.C.), said iron pipe also being in the southeast right-of-way line of Dominik Drive
(based on a 70' width);
THENCE: N 45° 06' 39" E along said Dominik Drive right-of-way line for a distance of
9.00 feet to the POINT OF BEGINNING;
THENCE: N 45° 06' 39" E continue along said right-of-way line for a distance of 24.01
feet for corner, from whence a found 5/8-inch iron rod marking the north corner of said
Lot 9 bears N 45° 06' 39" E at a distance of 150.19 feet for reference;
THENCE: S 46° 44' 29" E through said Lot 9 for a distance of 346.80 feet for corner in
the southeast line of Lot 9;
THENCE: S 43° 13' 38" W along the southeast line of Lot 9 for a distance of 24.00 feet
for corner, from whence a found lead and tack marking the south corner of said Lot 9
bears S 43° 13' 38" W at a distance of 9.00 feet for reference;
THENCE: N 46° 44' 29" W parallel to and 9.00' northeast of the southwest line of said
Lot 9 for a distance of 347.59 feet to the POINT OF BEGINNING and containing 0.1913
acres (8,332.6 sq. ft.)of land,more or less.
I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650, State of Texas,
do hereby certify that this survey substantially complies with the current Texas Society of
Professional Surveyors Standards and Specifications for a Category 1B, Condition 2
Survey. /� N.
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Kevin R. McCI e,R.P.L.S. #5650 /1...1.....................-......
C KEVIN R. McCLURE
do/20/08 r—':,9 5650 of
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