HomeMy WebLinkAboutEasementsDATE:
GRANTOR (including address):
GRANTEE (including address):
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4304 Ha HENRYH �ANN1Noad G and JD t
College Stationn,, T AN A4ANNIN� ftV1
TX 77840 0i
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BEFHEL B FIEF C9itd
4308 Harvey Road RCH OF H VEY
College Station, TX 77840
KENNETH L. HALL and J
C Harvey Road ANlCE j. ,ALL
4300
age station, TX 77840
DOMINANT ESTATE PROPERTY..
TRACT ONE
Being all that certain
and being, Lot T o (tot, tract or par
Texas, accordin�o (�), Btock cel of land lying
Texas. g to plat record ne (1), HARV�HILLSIDES,
Erna Subdivision in Brazos County,T
ed in Volume
63, Page 485 stun in Braxes,
TRACT TWn. ' Deed Records of B 1 County,
Being all that certain lot azos County,
and being all of Lot ®n� tract or parcel of land lying
Texas, accordin (1), Block One
Texas, SAYE �® plat recorded in V (1), HAR VHILL ID situated in 8r
a Subdivisi EXCEPT olume 263, Page 485 ES, a Subdivisazi os County, Texas
on in Br 1.13 acres on in Br
Henry Tannin az°s County, Texas, vef Lot (1), �Dl�eked Records of Brazc�azos County,
Records of Brazos�d Jo Susan Yed to OneCounty
EASEMENT County, Texas. ming by deed rec did,n �! ®ands)' HA V HaHtlt LSiDES,
ENT pROp 498, Page 83 of the Deed
ERTY:
All that certain tract
act bei Parcel of land lying and
Texas, said tract
Harvey Hillsides, Block 1 ng a portion of Lot 1, Bloc being situated in Calf
County, Texas, and Recorded in 1, Fla,ve ege Stati
hereto more Volume 263, pa Y hit►tsid on, Brazos County,
and inat of
by particularly described b page
485 ®, according to the
EASEMENT P reference herein. y metes and bound Deed Records OfiBrazos
URpOSE: Exhlb
""-- attached
For providing free
Dominant Estate and Prone ninterrupted ped
CONSID rh , and portions the rnan and vehicular in
ERATION;eof, and State grass and
High 30. egress between the
Compliance with C
valuable consideration, � of College Station
eration, the r ordinance r
RESERVATIONS receipt and s requiring joint access
FROM AND EXCEPTIONS TC} sufficiency of which is ackn nd othder good and
CONVEYANCE AND stipulated.
WARRANT y:
A. Reservations. Grantor reserves the following rights to be exercised only in combination with ownership
of all or a part of the servient tenement:
(1) Reserved Rights. For Grantor, the right to continue to use and enjoy the surface of the
Easement Property for all purposes directly related to the servient tenement which do not prevent
the use or enjoyment of the easement.
(2) Nonexclusive Rights. For Grantor, the right to convey the same or other rights and ease-
ments to others as an appurtenant easement for substantially the same purpose, so long as any
further conveyance is subject to this grant.
(3) Terms of Use. For Grantor, the right to prohibit any use of the Easement Property for the
Easement Purpose until Grantee and Grantor enter into an agreement addressing, among other
things, (i) intensity of use of the Easement Property, (ii) construction of and payment for facilities
on the Easement Property, (iii) maintenance and repair of facilities on the Easement Property, (iv)
insurance, (v) indemnities, and (vi) allocation of responsibility between Grantor and Grantee for
use of the Easement Property. Grantor and Grantee shall negotiate in good faith to equitably
allocate among the Grantee and Grantor the burden of this easement.
B. Exceptions.
Easements, rights-of-way and prescriptive rights, whether of record or not; all presently recorded and valid
instruments, other than encumbrances and conveyances, that affect the Easement Property and any
conditions that would be revealed by a physical inspection and survey.
GRANT OF EASEMENT:
Grantor, for the Consideration and subject to the Reservations From and Exceptions to Conveyance and
Easement Property for the Easement Purpose and for the
Warranty, GRANTS, SELLS AND CONVEYS to Grantee an easement over, upon and across the
benefit of the Dominant Estate Propeand
rty,
portions thereof, together with all and singular the rights and appurtenances thereto in any wise rty,belonging,
to have and hold it to Grantee, Grantee's heirs, successors, or assigns forever. 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, except as to the Reservations From and Exceptions to
Conveyance and Warranty, by, through or under Grantor, but not otherwise.
A. EASEMENT TERMS AND CONDITIONS:
1. Lirn_iiatians on Grantee. Grantee agrees not to:
a. Hazardous Materials. Cause or knowingly authorize environmentally hazardous materials to
be transported on the easement; and
b. Nuisance. Knowingly cause, authorize, or fall to halt any common law nuisance to occur on
the Easement Property.
2. Terms and Condition of Easement. Subject to the Reservations From and Exceptions to Conveyance
and Warranty, the characteristics of the easement are as follows:
a. Character of Easement. The easement granted is appurtenant to, and will run with, the
Dominant Estate Property, and portions thereof, whether or not it is referenced in any conveyance of the
Dominant Estate Property, and/or any portion of it.
b. Duration of Easement. The easement is perpetual.
C. Exclusiveness of Easement. The easement is nonexclusive.
d. Additional Rights intended to Accompany Easement. Grantee has the right to:
(1) eliminate any encroachments into the Easement Property;
(2) construct a road in the configuration and the manner determined by agreement
between Grantee and Grantor; and
(3) remove or relocate any fences within the Easement Property.
e. Limitation of Warranties. Except for the special warranty of title, there are no implied
warranties of merchantability, of fitness for a particular purpose, or of any other kind arising out of this
Easement.
f. Limitation on Assignment & Exercise. Any assignments or exercise of this easement by
Grantee or of the Grantor's rights in this Easement are prohibited except to the extent the easement
remains appurtenant to the Dominant Estate and the Grantor's rights in this Easement are based upon
ownership of the servient tenement relating to the easement.
1. Equitable Ri ihts of Enforcement. Subject to the Reservations From and Exceptions to
Conveyance and Warranty, in the event of any interference or threatened interference with the easement,
it may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting such
interference and commanding compliance with its terms, which restraining orders and injunctions will be
obtainable upon proof of the existence of such interference or threatened interference, and without the
necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the
holder or lienholder of the easement or part of it; provided, however, this is not to be an election of
remedies or a waiver of any other rights or remedies available at law or in equity.
2. Alternative Dispute Resolution. Grantor and Grantee shall submit in goof faith to mediation
before filing a suit for damages.
C. MISCELLANEOUS:
1. Binding Effecf. This Easement is binding upon and will inure to the benefit of the Grantor and
Grantee hereto and their respective heirs, successors and assigns where not prohibited by this Easement;
thus, the term Grantor" and Grantee" includes the successors, heirs and assigns of each party.
2. Choice of Law. This Easement is subject to and governed by the laws of the State of Texas,
excluding any conflicts -of -law rule or principle that might refer the construction or interpretation of this
Easement to the laws of another state. Each party submits to the jurisdiction of the state and federal
courts in the State of Texas and to venue in Brazos County.
3. Effect of Waiver or Consent. No waiver or consent, express or implied, by Grantor or Grantee
of any breach or default by the other in the performance by such party of its obligations hereunder 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 hereunder. 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.
4. integration. This easement contains the complete grant between the Grantor and Grantee and
cannot be varied except by the written agreement of Grantor and Grantee. There are no Drat agreements,
understandings, representations or warranties which are not expressly set forth herein.
5. Legal Construction. If one or more of the provisions of this easement are invalid, illegal or
unenforceable in any respect, to the extent the invalidity or unenforceability does not destroy the intent, it
will not affect any other provision and this easement will be construed as if such invalid, illegal or
unenforceable provision had never existed. When required by the context, singular nouns and pronouns
include the plural and the neuter includes the masculine or feminine gender. The Article and Section
headings are for convenience of reference only and are not intended to limit or define the text. This
easement is not to be construed more or less favorably between the Grantor and Grantee by reason of
authorship or origin of language.
6. Notices. Any notice or communication required or permitted hereunder will be deemed to be
delivered, whether or not actually received, when deposited in the United States mail, postage fully
prepaid, registered or certified mail, and addressed to the intended recipient at the address shown, and if
not shown, then at the last known address according to the records of the party delivering the notice.
Notice given in any other manner will be effective only if and when received by the addressee. Any
address for notice may be changed by written notice delivered in the same manner.
�l r
SUSAN MANNING
(ACKNOWLEDGMENT)
"^ STATE OF TEXAS §
COUNTY•,•. •
This instrument was acknowledged before me on the lth day of June, 2005, by FLOYD
HENRY MANNING and JG SUSAN MANNING.
•i M ■ �. , R 111 - �. .
Ellison,Charles A.
.o_ 10103
College Station,
• .TAE i • .
Ellison,Charles A.
302 Holleman
College •77840-7000
File No. 05295.001
ACCESS EASEMENT
METES AND BOUNDS DESCRIPTION
OFA
40'PRIVATE JOINT
PORTION OF LOT 1,
LOCK I
RV Ht '.�DD..
COLLE !' :X� ,
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, SAID TRACT BEING A PORTION OF LOT 1,
BLOCK 1, HARVEY HILLSIDES, ACCORDING TO THE PLAT OFHARVEY HU LSIDES, BLOCK I, RECORDED
VOLUME 263, PAGE 485 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS_ IN
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
THE AT WEST CORNER
POINTNER OF SAIDID LOT THE SOUTHEAST LINE OF HARVEY ROAD (STATE HIGHWAY NO. 30) MARKING
T 1 AND THE NORTH CORNER OF LOT 2, BLOCK 1;
TgIENCE: N 48' 02'00"E ALONG THE SOUTHEAST LINE OF HARVEY ROAD FOR A DISTANCE OF 75.00 FEET
TO A POINT MARKING THE NORTH CORNER OF A CALLED I.13 ACRE TRACT DESCRIBED AS BEING A
PORTION OF SAID LOT IBY A DEED TO FLOYD HENRY MANNING AND WEE, JO SUSAN
MANNING,RECORDED IN VOLUME 498, PAGE 83 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS;TBIEN
CE: S 52° 32'34"E THROUGH SAID LOT 1 AND ALONG THE NORTHEAST LINE OF SAID MANNING
TRACT FOR A DISTANCE OF 40.69 FEET TO A POINT MARKING THE EAST CORNER OF THIS HEREIN
DESCRIBED TRACT, FOR REFERENCE A %2 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN THE
NORTHEAST LINE OF SAID MANNING TRACT BEARS; S 52' 32'34"E FOR A DISTANCE OF 110.85 FEET;
THENCE: S 48* 01'42"W CONTINUING THROUGH SAID LOT I FOR A DISTANCE OF 82.47 FEET TO A POINT
ON THE COMMON LINE OF SAID LOT I AND SAID LOT 2;
THEWCE: N 41 ° 58'00" W ALONG THE COMMON LINE OF SAID LOT I AND LOT 2 FOR A DISTANCE OF 40.00
FEET TO THE rQR OF BEG G CONTAINING 3149 SQUARE FEET, MORE OR LESS, AS SURVEYED ON
THE GROUND TUNE, 2�3. BEARING ORIENTATION TATION SHOWN III ZEIN IS BASED ON THE PLAT CALL BEARING
OF HARVEY HILLSIDES, 263/485. SEE PLAT PREPARED RJNE, 2005, FOR MORE DESCRUMW INFORMATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502