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HomeMy WebLinkAboutAccess Easement 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 DRIVER'S LICENSE NUMBER. ACCESS EASEMENT AGREEMENT This Access Easement Agreement (the"Agreement") is by and between 205 Northgate, LLC, a Texas limited liability company ("Grantor") and 200UDrive, LLC, a Texas limited liability company(the"Grantee"). RECITALS: A. Grantor (as defined below) is the owner of that certain tract of land located in Brazos County, Texas and being more fully described as the Remainder of Lot 1, Block 8, Replat of 1 acre out of Block 8, W.C. Boyett Estate Partition, according to plat recorded in Volume 101; Page 204 of the Deed Records of Brazos County, Texas, as more particularly shown on Exhibit"A" attached hereto and incorporated herein by reference (the"Northgate Tract"). B. Grantee (as defined below) is the owner of that certain tract of land located in Brazos County, Texas and being more fully described as the Remainder of Lot 2, Block 8, Replat of 1 acre out of Block 8, W.C. Boyett Estate Partition, according to plat recorded in Volume 101, Page 204 of the Deed Records of Brazos County, Texas as more particularly shown on Exhibit "A" attached hereto and incorporated herein by reference (the"200 Tract"). C. An establishment opened to the public is being constructed on the 200 Tract that will need an easement on, upon and across part of the Northgate Tract for the purpose of emergency pedestrian ingress and egress to and from the establishment located on the 200 Tract and the placement of four (4) air conditioner compressor units as set forth in Section 6 below (the "Easement"). The part of the Northgate Tract covered by the Easement is shown as Access Easement on Exhibit "B" and is more fully described on Exhibit "B" attached hereto and incorporated herein by reference (the "Easement Property"). NOW, THEREFORE, for and in consideration of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor,the parties agree as follows: 1. Parties: Grantor: 205 Northgate, LLC, a Texas limited liability company P.O. Box 10841 College Station, Brazos County,Texas 77842 Grantee: 200UDrive, LLC, a Texas limited liability company 3350 McCue Road, Apt. 1504 Houston, Harris County, Texas 77056 Grantor, for consideration referenced above, hereby grants, sells and conveys to Grantee, its successors and assigns, a limited and restricted Easement over, on, upon and across the Easement Property for the purpose of emergency pedestrian ingress and egress to 1 W✓JDW/11-1502 Hui,Danny&Annie/Access Easement Agreement and from the establishment located on the 200 Tract and the placement of four(4)air conditioner compressor units in a location described in Section 6 below, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold the Easement to Grantee and Grantee's heirs, successors and assigns forever as provided and limited herein. Grantor does hereby bind itself and its heirs, successors and assigns to warrant and forever defend the title to the above described Easement in Grantee, its heirs, successors and assigns, against every person whomsoever lawfully claiming or to claim the Easement or any part thereof, by through or under Grantor but not otherwise. 1. Character of Easement. The Easement is appurtenant to and runs with all or any portion of the 200 Tract, whether or not the Easement is referenced or described in any conveyance of all or such portion of the 200 Tract. The Easement is nonexclusive and irrevocable except as set forth herein. The Easement is for the benefit of Grantee and Grantee's heirs, successors and assigns who at any time own the 200 Tract or any interest in the 200 Tract (as applicable, the"Holder"). Grantee may grant the benefit of such Easement to any Occupants and such Occupants' customers and visitors of such 200 Tract for the Easement Purpose only. "Occupants"shall mean any person from time to time entitled to the use and occupancy of the 200 Tract pursuant to any lease, sublease, license, concession or other similar agreement. 2. Duration of Easement. The duration of the Easement is perpetual. 3. Reservation of Rights. Grantor reserves for Grantor and Grantor's tenants, successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes that do not unreasonably interfere with or interrupt the use or enjoyment of the Easement by Holder for the Easement Purposes. Grantor reserves for Grantor and Grantor's successors and assigns the right to use all or part of the Easement in conjunction with the Holder. 4. improvement and Maintenance of Easement Property. Improvement and maintenance of the Easement Property will be at the sole expense of Holder. Holder must maintain the Easement Property and the stairway to be constructed in a safe, neat and clean condition. In the event Holder fails to maintain the Easement Property and the stairway to be constructed in a safe, neat and clean condition, if after 15 days written notice to the Holder, and such trash has not been moved or the repairs made or the stairs painted, the Grantor shall have the option to have any trash or debris removed from the Easement Property and to repair and paint the stairway and charge Holder for the cost of such trash removal, repair and painting. If Holder does not reimburse Grantor for the cost of such cleaning or repairs or painting within thirty(30)days after written request from Grantor, the Grantor may suspend the Holder's right to use the Easement until the cost has been paid to Grantor or its assigns. 5. No improvements, including the legs for the stairway shall be placed on the existing grease trap cover in the Easement Property or placed on the Easement Property in a manner or location that will prevent or hinder access to the grease traps located in the Easement Property. Holder agrees to remove the existing stairway legs from the grease trap cover. 6. The only improvements of Grantee that will be allowed to be placed or remain in or on the Easement Property is the "Stairway" to Grantee's second floor and Grantee's four air conditioning compressors, electrical and mechanical appurtenances related thereto, and any necessary replacements to such air conditioning equipment and appurtenances (collectively "the NC Units"). The Grantee's air conditioning compressors must be placed in the Easement Property in a line along the wall of Grantee's existing building. The Stairway's use shall be limited strictly for use as a fire escape and emergency exit. The stairway located on the Easement Property may not be used for the day to day entrance and exit to the 200 Tract by Holder's customers, employees,clients and guests. 2 W:/JDW/11-1502 Hui,Danny&Annie/Access Easement Agreement • 7. The Holder shall obtain commercial and general liability insurance coverage at Holder's sole cost, with limits of 51,000,000,00 per occurrence and $1,000,000.00 in the aggregate with the owner of the Northgate Tract named on such policy as an additional insured. In the event the Holder fails to provide such insurance the Holder's right to use the Easement shall be suspended during the time such insurance coverage is not in place. 8. The Easement is a non-exclusive Easement and the Grantor and any subsequent owner of the Northgate Tract shall have the right to use the Easement Property provided such use does not unreasonably interfere with the Grantee's use of the stairway and the A/C Units described in Section 6 above, to be located on the Easement Property. 9. The old existing Easement recorded in Volume 8952, Page 199 of the Official Records of Brazos County is hereby replaced by this Easement and is hereby cancelled and terminated. 10. Equitable Rights of Enforcement. This Easement and the rights of Grantor and Grantee granted herein 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. 11. Attorney's Fees. If any party retains an attorney to enforce the Agreement,the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 12. Binding Effect. This Agreement binds and inures to the benefit of the parties and their respective heirs, successors and permitted assigns. 13. 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 jurisdiction. Venue is in the county or counties in which the Easement Property is located. 14. 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. 15. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting 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. 16. 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 the Agreement and all transactions contemplated by this Agreement. 17. 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. 18. Entire Agreement. This Agreement and any exhibits constitute the entire Agreement of the 3 w:/JDw/11.1502 Hui,Danny&Annie/Access Easement Agreement parties concerning the grant of the Easement by Grantor to Grantee. There are no representations, agreements, warranties or promises that are not in this Agreement and any exhibits. 19. 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. 20. 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. 21. Recitals. Any recitals in this Agreement are represented by the parties to be accurate and constitute a part of the substantive Agreement. 22. 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. 23. Exceptions to Title. This Easement is subject to all easements, restrictions, conveyances, leases and reservations of record in Brazos County, Texas, including but not limited to those recorded in Volume 9849, Page 132 of the Official Records of Brazos County, Texas. The Grantee acknowledges and agrees this Easement is subject to the rights granted and conveyed to the City of College Station, Texas in the above referenced easement. 24. GRANTEE AGREES TO INDEMNIFY, SAVE HARMLESS AND DEFEND GRANTOR (AND EACH FUTURE OWNER IF GRANTEE NO LONGER OWNS THE NORTHGATE TRACT) FROM ANY AND ALL LIABILITIES, DAMAGES, COSTS, REASOABLE ATTORNEY'S FEES, EXPENSES, CAUSES OF ACTION, SUITS, CLAIMS, OR JUDGMENTS OF ANY KiND OR CHARACTER FOR INJURY TO PERSON OR PROPERTY ARISING OUT OF GRANTEE'S OR ITS CUSTOMERS, LESSEES, GUESTS, EMPLOYEES OR INVITEES USE OF THE EASEMENT OR IMPROVEMENTS LOCATED THEREON. THiS INDEMNITY PROVISION SHALL ALSO EXTEND TO OPERATIONS CONDUCTED BY SUBCONTRACTORS, AGENTS, LESSEE AND OTHER PERSONS WORKING UNDER, FOR OR ON BEHALF OF GRANTEE, WHETHER EMPLOYEES OR INDEPENDENT CONTRACTORS. The effective date of this Agreement is the day of We , 2013. 4 W:/JDW/11-1502 Hui,Danny&Annie/Access Easement Agreement GRANTOR: 205 NORTHGATE, LLC, a Texas lim' d 'abili y company By: .14ei . Name: ff ,e C 4/ Title: ,,e.1- d GRANTEE: 2000Drive. LLC, a Texas limited liability company By: Name: Title: STATE OF TEXAS § § COUNTY OF BRAZOS § This instru ent was acknowledged before me on the 1-0 day of J,41 , 2013 by S h Pk n.- . u.1 , /M/4 VI4 4 eI. of 205 Northgate LLC. a as limited liability company, on behalf of said company. / j 'j in -ry Public, State of Texas Commission Ex ires: .gyp.. r` �'ess.ci.."•'riIiir` JAY DON WATSON Notary Public,state of texas STATE OF TEXAS § - _. .1 My Commis on Expires syn°;, -- 2017 COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of , 2013, by , of 200UDrive,a Texas limited liability company,on behalf of such company. Notary Public, State of Texas My Commission Expires: 5 W:/JDW/11-1502 Hui,Danny&Annie/Access Easement Agreement GRANTOR: 205 NORTHGATE LLC, a Texas limited liability company By: Name. Title: GRANTEE: 200UDrive. LLC. a Texas limited liability corn any By: Name: Z 5-4 y 6 6-4/2 Title: /`7'1rV STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of 2013 by of 205 Northgate LLC, a Texas limited liability company, on behalf of said company. Notary Public, State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF ORAZO3 H� Qts § Thiss`instru�t was acknowledged before me on the / day of .,Jt,l(y , 2013, by Le of 200UDnve a Texas limited liability company, on behalf of such company. DARLENE J. WOOD '=+ fjLCk. 1, My Commission Expires Notary Public, State of Tas October 10,2013 My Commission Expires: W:/JDw/11.15 i2 Hu,.Danny&Annie/ACcesc Easement Agreement Doi_ Bt Vol P9 01019626 OR 8952 199 ACCESS EASEMENT AGREEMENT This Access Easement Agreement (the "Agreement") is by and between 200 University Drive,LLC_("Grantor")and 200 U Drive,LLC(the`Grantee"). RECITALS: A. Grantor is the owner of that certain tract of land located in Brazos County, Texas and being more fully described as PORTION OF LOT 2 BLOCK 8 Boyett Estate Portion VOL 101 PG 204 attached hereto and incorporated herein by reference(the"Garb Tract"); B. Grantee is the owner of that certain tract of land located in Brazos County, Texas and being more fully described in PORTION OF LOT 1 BLOCK 8, attached hereto and incorporated herein by reference(the"200 Tract"); C. An establishment opened to the public is being constructed on the 200 Tract that will need an easement on, upon and across part of the Garb Tract for the purpose of pedestrian ingress and egress to and from the establishment located on the 200 Tract(the`Basement"). The part of the Garb Tract necessary for the Easement is more fully described in Exhibit "A', attached hereto and incorporated herein by reference(the`Basement Property"). NOW,THEREFORE,for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration,the parties agree as follows: 1. Parties: Grantor: 200 University Drive,LLC Grantor's Address: 4928 Laure Street Bellaire,Harris County,Texas 77401 Grantee: 200 U Drive,LLC Grantee's Address: 3350 McCue Road,Apt 1504 Houston,Harris County,Texas 77056 2. Grant of Easement: Grantor hereby grants, sells and conveys to Grantee, its successors and assigns, an easement on, upon and across the Garb Tract, the Easement Property, for the purpose of pedestrian ingress and egress to and from the establishment located on the 200 Tract. Grantee shall indemnify Grantor and hold it harmless against all liabilities, claims, and demands for personal injury or property damage arising out of or caused by any act or omission of Grantee,or her agents and invitees. Grantee cannot change or expand the use of the Easement Property without the prior written consent of the Grantor which consent shall be reflected in an amended or restated Easement Agreement. Doc Bk Vol Ps 01019626 OR 8952 200 Grantor does hereby bind itself and its heirs,successors,assigns and legal representatives to warrant and forever defend all and singular the above described Easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. THE EFFECTIVE DATE of THE AGREEMENT Is OcroBER2,2008. GRANTOR: 200 UNrvExsrry DRIVE,LLC GRANTEE: 200 U Drive,LLC BY: rt EAsiMErrr AGtewwnarrr PAGE 2 Doc Bk Vol Fs . 01019626 OR 8952 201 ACKNOWLEDGEMENTS STATE OF TEXAS § § COUNTY OF BRAZOS § Before me on this day personally appeared l-es 644th , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. Given under my hand and seal of office this 4(* day of October,2008. L ' L DARLENE J WOOD tut242.,k_ (= October 1 Notary Public 10,2009 1 ires '.r.i. My Commission Expires: /u - i U- z vQ 9 My County of Residence: mrri 5 STATE OF TEXAS § § COUNTY OF BRAZOS § Before me on this day personally appeared keS GAR.6 , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. Given under my hand and seal of office this o_.441' day of October,2008. /� � MUNE J WOOD kl-OAAJ- (1-0 d _ ' ) my commissico Expites Oclou«10,2009 Notary Public 4 • rs- My Commission Expires: 'o -2 00 9 My County of Residence: -71-{ r;5 AFTER RECORDING,RETURN TO: LAW OFFICE of JOHN H.BUCY II 4425 S.MOPAC EXPRESSWAY BUILDING 2,SUITE 101 AUSTIN,TEXAS 78735 EASEMENT AGREEMENT PAGE 3 Doc 8k Vol P3 01019626 OR 3952 202 ATTACHEMENT"A" oz ,--., ___1/ ?gt\ co 3 9) No..04, ei NEW STS c e41. . o;414t 00 Universi#y Drive, LLC '�°u' IR PORTION OF LOT 2 , 1 1 1.1 BLOCK 8 ACCESS EASEMENT X11\ oc s 1 ',y ett Estate Portion VOL s 101 PG 204 s i Zoned NG-1 \ ill4j*1177.9cfle\ I Z7 fro .4 ��/' ` \s47'9. _a , //;/�/ � �, / 0/ / j /' ED \% ,� / , / , 5T vi N, 7 / ,\ pmii 1 5' 10' 20' 1/8"= 11-0" Doc Bk Vol Ps 01019626 DR 8952 203 Filed for Record in: BRAZOS COUNTY On: Feb 06,2009 at 11:27A As a Recordinss Document Humber: 01019626 Amount 27.00 Receipt Number - 3.58975 By r Becky Yrisht STATE OF TEXAS COUNTY OF BRAZOS 1 hereby certify that this instrument was filed on the date and time stamped hereon bs me and was duly recorded in the volume and pace of the Official Public records of: BRAZOS COUNTY as stamped hereon bs me. Feb 0672009 HONORABLE KAREN NCOUEEN7 COUNTY CLERK BRAZOS COUNTY ACCESS EASEMENT AGREEMENT This Access Easement Agreement (the "Agreement") is by and between 200 University Drive,LLC_("Grantor")and 200 U Drive,LLC(the"Grantee"). RECITALS: A. Grantor is the owner of that certain tract of land located in Brazos County, Texas and being more fully described as PORTION OF LOT 2 BLOCK 8 Boyett Estate Portion VOL 101 PG 204 attached hereto and incorporated herein by reference(the"Garb Tract"); B. Grantee is the owner of that certain tract of land located in Brazos County, Texas and being more fully described in PORTION OF LOT 1 BLOCK 8, attached hereto and incorporated herein by reference(the"200 Tract"); C. An establishment opened to the public is being constructed on the 200 Tract that will need an easement on, upon and across part of the Garb Tract for the purpose of pedestrian ingress and egress to and from the establishment located on the 200 Tract(the"Easement"). The part of the Garb Tract necessary for the Easement is more fully described in Exhibit "A', attached hereto and incorporated herein by reference(the"Easement Property"). Now,THEREFORE,for and in consideration of Ten Dollars($10.00)and other good and valuable consideration,the parties agree as follows: 1. Parties: Grantor: 200 University Drive,LLC Grantor's Address: 4928 Laure Street Bellaire,Harris County,Texas 77401 Grantee: 200 U Drive,LLC Grantee's Address: 3350 McCue Road,Apt 1504 Houston,Harris County,Texas 77056 2. Grant of Easement: Grantor hereby grants, sells and conveys to Grantee, its successors and assigns, an easement on, upon and across the Garb Tract, the Easement Property, for the purpose of pedestrian ingress and egress to and from the establishment located on the 200 Tract. Grantee shall indemnify Grantor and hold it harmless against all liabilities, claims, and demands for personal injury or property damage arising out of or caused by any act or omission of Grantee,or her agents and invitees. Grantee cannot change or expand the use of the Easement Property without the prior written consent of the Grantor which consent shall be reflected in an amended or restated Easement Agreement. Grantor does hereby bind itself and its heirs,successors,assigns and legal representatives to warrant and forever defend all and singular the above described Easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. THE EFFECTIVE DATE OF THE AGREEMENT IS OC TOBER2,2008. GRANTOR: 200 UNIVERSITY DRIVE,LLC GRANTEE: 200 U Drive,LLC BY: EASEMENT AGREEMENT PAGE 2 ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF BRAZOS § Before me on this day personally appeared Les 6astb , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. Given under my hand and seal of office this :-2c 4 day of October,2008. OARtENE .1 WOOD atAICAAL9- ti t\ My comm °^Expires j Notary Public <, October t0.2004 My Commission Expires: /O - I - 2_vc 9 My County of Residence: i-mrr-ci STATE OF TEXAS § § COUNTY OF BRAZOS Before me on this day personally appeared kS Coo-kb , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. Given under my hand and seal of office this X20`4-/` day of October,2008. Cc.o ,77 My Commission Expires ,„11October 10,2009Notary Public My Commission Expires: I v-'O -2009 My County of Residence: -f-fpr-r i s AFTER RECORDING,RETURN TO: LAW OFFICE OF JOHN H.BUCY II 4425 S.MOPAC EXPRESSWAY BUILDING 2,SUITE 101 AUSTIN,TEXAS 78735 EASEMENT AGREEMENT PAGE 3 ATTACHEMENT"A" oe 1 4 ,.:,4) % '-' <0 ,„ ,Np 5 �` . ,"• .... NEW STEEL /'��� 001 200 University Drive, LLC EXIT STAIR '' r. ,T4OLONcOKF8LOTRO2 �o� Rea1 ,9V"`% 11 Bo ett Estate Portion VOL ACCESS EASEMENT $ cc � ' `�'' 101 PG 204 \‘‘ � ss � ' l,7.9 It Zoned NG-1 S),:42, , 4>k, \ ‘ 14,,,,4, 114 sus '9 k . , � /��' sig, Jai / i / (I) \\ ' EXISTING EXIT STAIR FROM 84,FLOOR • WHOM // ///,� \ 0flyi ......" ' 5' 10' 20' 118N= 1'-0" ACCESS EASEMENT AGREEMENT This Access Easement Agreement (the "Agreement") is by and between 200 University Drive, LLC_ ("Grantor") and 200 U Drive, LLC (the "Grantee'). RECrrALS: A. Grantor is the owner of that certain tract of land located in Brazos County, Texas and being more fully described as PORTION OF LOT 2 BLOCK 8 Boyett Estate Portion VOL 101 PG 204 attached hereto and incorporated herein by reference (the "Garb Tract"}; B. Grantee is the owner of that certain tract of land Iocated in Brazos County, Texas and being more fully described in PORTION OF LOT 1 BLOCK 8, attached hereto and incorporated herein by reference (the "200 Tract"), C. An establishment opened to the public is being constructed on the 200 Tract that will need an easement on, upon and across part of the Garb Tract for the purpose of pedestrian ingress and egress to and from the establishment located on the 200 Tract (the `Basement ). The part of the Garb Tract necessary for the Easement is more fully described in Exhibit "A', attached hereto and incorporated herein by reference (the `Basement Property'). Now, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the parties agree as follows: 1. Parties: Grantor. Grantor's Address: Grantee: Grantee's Address: 2. Grant of Easement: 200 University Drive, LLC 4428 Laure Street Bellaire, Harris County, Texas 77401 200 U Drive, LLC 3350 McCue Road, Apt 1504 Houston, Harris County, Texas 77056 Grantor hereby grants, sells and conveys to Grantee, its successors and assigns, an easement on, upon and across the Garb Tract, the Easement Property, for the purpose of pedestrian ingress and egress to and from the establishment located on the 200 Tract. Grantee shall indemnify Grantor and hold it harmless against all liabilities, claims, and demands for personal injury or property damage arising out of or caused by any act or omission of Grantee, or her agents and invitees. Grantee cannot change or expand the use of the Easement Property without the prior written consent of the Grantor which consent shall be reflected m an amended or restated Easement Agreement. Grantor does hereby bind itself and its heirs, successors, assigns and legal representatives to warrant and forever defend all and singular the above desuibed Easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof GRANTOR: 200 UNivERsrcy DRivE, LLC GRANTEE: 200 U Drive, LLC BY: F-Ammmr.& RiEEb1ENr PAGE 2 STATE OF TEXAS § COUNTY OF BRAZOS § Before me on this day personally appeared es aR known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. Given under my hand and seal of office this .-4C 4 day of October, 2008. DARLENE J WOOD1�v-- My commtsAcn Exr»m Notary Public October tD, 2009 My Commission Expires: / a - v - 2009 My County of Residence: tAr� s STATE OF TEXAS § COUNTY OF BRAZOS § Before me on this day personally appeared 45 &Rb , known to me to be the person whose name is subsciibed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. Given under my hand and seal of office this `� day of October, 2008. DARLENE3 WOOD My connnbs m Expires 1� I Octob10. 2 er Notary Public My Commission Expires: 10- / O - Z 00 S My County of Residence: 47%%-rjs LAW OFFICE OF JOHN II.BUCY II 4425 S. MOPAC EXPRESSWAY BUILDING 2, SUITE 101 AUSTIN, TEXAS 78735 _ VI a :_ rL_ UU I__U: M ATTACHEMENT "A" Uf NEW STEEL 'b EXIT STAIR ACCESS EASEMENT nnnp 0' 6 W 20' Ira^ = r-0" 200 University Drive, LLC PORTION OF LOT 2 111.1 BLOCK 8 3o ett Estate Portion VOL I�11 Zoned NG1 MOSTIM EW STAIR SUPPLEMENTAL DEVELOPMENT PERMIT INFORMATION Application is hereby made for the following development speclflc site/waterway alterations: 7ili ( m ]I t�1<_c' inrf Din vip_ ACKNOWLEDGMENTS: t � c design ngiR'er/ow g eaguieer/owner, hereby acknowledge or affirm that: The information and conclusions contained in the above plans and supporting documents comply with the current requirements of the City of College Station, Texas City Code, Chapter 13 and its associated Drainage Policy and Design Standards. As a condition of approval of this permit application, I agree to construct the improvements proposed in this application according to these documents and the requirements of Chapter 13 of the College Station City Code. Property Owner(s) Contractor CERTIFICATIONS: (for proposed alterations within designated flood hazard areas.) A.I, ti.11 iC'c7GGYt cad GLi;? certify that any nonresidential structure on or proposed to be on this site as part of this application is designated to prevent damage to the structure or its contents as a result of flooding from the 100 year sto7 -Engineer 3Ir"{n(( Date B. I, � G U > certify that the finished floor elevation of the lowest floor, including any basement, of any residential structure, proposed as part of this application is at or above the base flood elevation establishediih the latest Federal Insurance Administration Flood Hazard Study and maps, as amended. Date r11 C. I, '[�L. tL �C4.L'M(AG`Lt1 , certify that the alterations or development covered by this permit shall not diminish the flood -carrying capacity of the waterway adjoining or crossing this permitted site and that such alterations ordevelopment are consistent with requirements of the City of College Station City Code, Chapter 13 concerning encroachments of floodways and of floodway fringes. r, q�rk'(�'''G"� - Date r : D. 1, �,t —.do certify that the proposed alterations do not raise the level of the 100 year flrgr.od Above elevation established in the latest Federal Insurance Administration Flood Hazard Study. �UJin_ > agiz eer r __tk c_* _ Date comments as part of approval: In acco*nce with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be taken to insure that debris from construction, erosion, and sedimentation shall not be deposited in city streets, or existing drainage facifities_ All development shall be in accordance with the plans and specifications submitted to and approved by the City Engineer for the above named project. All of the applicable codes and ordinances of the City ofCollege Station shall apply. 3or6 f a ;, ,i< ci _.: 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 DRIVER'S LICENSE NUMBER. ACCESS EASEMENT AGREEMENT This Access Easement Agreement (the "Agreement") is by and between 205 Northgate, LLC, a Texas limited liability company ("Grantor") and 200UDrive, LLC, a Texas limited liability company (the "Grantee"), RECITALS: A. Grantor (as defined below) istheowner of that certain tract of land located in Brazos County; Texas and being more fully described as the Remainder of Lot 1, Block 8, Replat of 1 acre out of Block 8, W.C. Boyett Estate Partition, according to plat recorded in Volume 101, Page 204 of the Deed Records of Brazos County, Texas, as more particularly shown on Exhibit "A" attached hereto and incorporated herein by reference (the "Northgate Tract"). B. Grantee (as defined below) is the owner of that certain tract of land located in Brazos County, Texas and being more filly described as the Remainder of Lot 2, Block 8, Replat of 1 acre out of Block 8, W.C. Boyett Estate Partition, according to plat recorded in Volume 101, Page 204 of the Deed Records of Brazos County, Texas as more particularly shown on Exhibit "A" attached hereto and incorporated herein by reference (the "200 Tract'). C. An establishment opened to the public is being constructed on the 200 Tract that will need an easement on, upon and across part of the Northgate Tract for the purpose of emergency pedestrian ingress and egress to and from the establishment located on the 200 Tract and the placement of four (4) air conditioner compressor units as set forth in Section 6 below (the "Easement"). The part of the Northgate Tract covered by the Easement is shown as Access Easement on Exhibit "B" and is more fully described on Exhibit "S" attached hereto and incorporated herein by reference (the "Easement Property"). NOW, THEREFORE, for and in consideration of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, the parties agree as follows: 1. Parties: Grantor: 205 Northgate, LLC, a Texas limited liability company P.O. Box 10841 College Station, Brazos County, Texas 77842 Grantee: 2000Drive, LLC, a Texas limited liability company 3350 McCue Road, Apt. 1504 Houston, Harris County, Texas 77056 Grantor, for consideration referenced above, hereby grants, sells and conveys to Grantee, its successors and assigns, a limited and restricted Easement over, on, upon, and across the Easement Property for the purpose of emergency pedestrian ingress and egress to W:/JDW/114502 HUi, Danny & Annie/Access Easement Agreement i?6 and from the establishment located on the 200 Tract and the placement of four (4) air conditioner compressor units in a location described in Section 6 below, together with all and singular the rights and, appurtenances thereto in any way belonging, to have and to hold the Easement to Grantee and Grantee's heirs, successors and assigns forever as provided and limited herein. Grantor does hereby bind itself and its heirs, successors and assigns to warrant and forever defend the title to the above described Easement in Grantee, its heirs, successors and assigns, against every person whomsoever lawfully claiming or to claim the Easement or any part thereof, by through or under Grantor but not otherwise, 1. Character of Easement. The Easement is appurtenant to and runs with all or any portion of the 200 Tract, whether or not the Easement is referenced or described in any conveyance of all or such portion of the 200 Tract. The Easement is nonexclusive and irrevocable except as set forth herein. The Easement is for the benefit of Grantee and Grantee's heirs, successors and assigns who at any time own the 200 Tract or any interest in the 200 Tract (as applicable, the "Holder'). Grantee may grant the benefit of such Easement to any Occupants and such Occupants' customers and visitors of such 200 Tract for the Easement Purpose only. "Occupants" shall mean any person from time to time entitled to the use and occupancy of the 200 Tract pursuant to any lease, sublease, license, concession or other similar agreement. 2. Duration of Easement. The duration of the Easement is perpetual. 3. Reservation of Rights. Grantor reserves for Grantor and Grantor's tenants; successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes that do not unreasonably interfere with or interrupt the use or enjoyment of the Easement by Holder for the Easement Purposes. Grantor reserves for Grantor and Grantor's successors and assigns the right to use all or part of the Easement in conjunction with the Holder. 4. Improvement and Maintenance of Easement Property. Improvement and maintenance of the Easement Property will be at the sole expense of Holder. Holder must maintain the Easement Property and the stairway to be constructed in a safe, neat and clean condition. in the event Holder fails to maintain the Easement Property and the stairway to be constructed in a safe, neat and clean condition, if after 15 days written notice to the Holder, and such trash has not been moved or the repairs made or the stairs painted, the Grantor shall have the option to have any trash or debris removed from the Easement Property and to repair and paint the stairway and charge Holder for the cost of such trashremoval, repair and painting. If Holder does not reimburse Grantor for the cost of such cleaning or repairsor painting within thirty (30) days after written request from Grantor, the Grantor may suspend the Holder's night to use the Easement until the cost has been paid to Grantor or its assigns. 5. No improvements, including the legs for the stairway shall be placed on the existing grease trap cover in the Easement Property or placed on the Easement Property in a manner or location that will prevent or hinder access to the grease traps located in the Easement Property: Holder agrees to remove the existing stairway legs from the grease trap cover. 6. The only improvements of Grantee that will be allowed to be placed or remain in or on the Easement Property is the "Stairway" to Grantee's second floor and Grantee's four air conditioning compressors, electrical and mechanical appurtenances related thereto, and any necessary replacements to such air conditioning equipment and appurtenances (collectively "the A/C Units"). The Grantee's air conditioning compressors must be placed in the Easement Property in a line along the wall of Grantee's existing building. The Stairway's use shall be limited strictly for use as a fire escape and emergency exit. The stairway located on the Easement Property may not be used for the day today entrance and exit to the 200 Tract by Holder's customers, employees, clients and guests. W:/IDW/11-1502 Hui, )array& Annie/Access Easement Agreement 7. The Holder shall obtain commercial and general liability insurance coverage at Holder's sole cost, with limits of $1,000,000.00 per occurrence and $1,000,000,00 in the aggregate with the owner of the Northgate Tract named on such policy as an additional insured. In the event the Holder fails to provide such insurance the Holder's right to use the Easement shall be suspended during the time such insurance coverage is not in place. 8. The Easement is anon -exclusive Easement and the Grantor and any subsequent owner of the Northgate Tract shall have the right to use the Easement Property provided such use does not unreasonably interfere with the Grantee's use of the stairway and the A/C Units described in Section 6 above, to be located on the Easement Property. 9. The old existing Easement recorded in Volume 8952, Page 199 of the Official Records of Brazos County is hereby replaced by this Easement and is hereby cancelled and terminated. 10. Equitable Rights of Enforcement. This Easement and the rights of Grantor and Grantee granted herein 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 w 11 not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 11. Attorney's Fees. If any party retains an attorney to enforce the Agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 12. Binding Effect. This Agreement binds and inures to the benefit of the parties and their respective heirs, successors and permitted assigns. 13, Choice of Law. This Agreement wilt be construed under the laws of the State of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 14. Counterparts. This Agreement may be executed in any number of counterparts with the same effectors if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 15. Waiverof Default It is not a waiver of or consent to default if the non -defaulting 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. 16. 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 the Agreement and all transactions contemplated by this Agreement. 17. 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. 18. Entire Agreement. This Agreement and any exhibits constitute the entire Agreement of the 3 W:/1DW/11-1502 Hui, Danny & Annie/Access Easement Agreement Fj'?6 li parties concerning the grant of the Easement by Grantor to Grantee. There are no representations, agreements, warranties or promises that are not in this Agreement and any exhibits. 19. 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. 20. 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, 21. Recitals. Any recitals in this Agreement are represented by the parties to be accurate and constitute a part of the substantive Agreement. 22. 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 Saturday, Sunday or legal public holiday, the date for performance will be the next following regular business day. 23. Exceotions to Title, This Easement is subject to all easements, restrictions, conveyances, leases and reservations of record in Brazos County, Texas, including but not limited to those recorded in Volume 9849, Page 132 of the Official Records of Brazos County, Texas. The Grantee acknowledges and agrees this Easement is subject to the rights granted and conveyed to the City of College Station, Texas in the above referenced easement. 24. GRANTEE AGREES TO INDEMNIFY, SAVE HARMLESS AND DEFEND GRANTOR (AND EACH FUTURE OWNER IF GRANTEE NO LONGER OWNS THE NORTHGATE TRACT) FROM ANY AND ALL LIABILITIES, DAMAGES, COSTS, REASOABLE ATTORNEY'S FEES, EXPENSES, CAUSES OF ACTION, SUITS, CLAIMS, OR JUDGMENTS OF ANY KIND OR CHARACTER FOR INJURY TO PERSON OR PROPERTY ARISING OUT OF GRANTEE'S OR ITS CUSTOMERS, LESSEES, GUESTS, EMPLOYEES OR INVITEES USE OF THE EASEMENT OR IMPROVEMENTS LOCATED THEREON. THIS INDEMNITY PROVISION SHALL ALSO EXTEND TO OPERATIONS CONDUCTED BY SUBCONTRACTORS, AGENTS, LESSEE AND OTHER PERSONS WORKING UNDER, FOR OR ON BEHALF OF GRANTEE, WHETHER EMPLOYEES OR INDEPENDENT CONTRACTORS. The effective date of this Agreement is the I ) day of Sue at �— , 2013: W:/rDW/11-1502:Hui, Danny& Annie/Access Easement Agreement GRANTOR: 205 NORTHGATE, LLC, a Texas lim d 'abili company By: .2 kYy�{ f e Name: Title: GRANTEE: 2000Drive, LLC, a Texas limited liability company By: Name: Title: STATE OF TEXAS § COUNTY OF BRAZOS § This instru entwas acknowledged before me on the I -S day of f 2013 by -S h � . hF La iyf Atvi; 4e k of 205 Northgate LLC, a T,6xas limited liability company, on behalf of said company. / /\ k /) �vf g uc STATE OF TEXAS § COUNTY OF BRAZOS § Public, State of Texas nmission Expires: e•... !;.,- JAY DON +fJpT50N d _ ��AApp .Notary Public. yicte o4 Tezas This instrument was acknowledged before me on the day of , 2013, by behalf of such company. of 2000Drive, a Texas limited liability company, on Notary Public, State of Texas My Commission Expires: W:/JDW/11-1502 Hui, Danny & Annie/Access Easement Agreement. —GRANTOR: 205 NORTHGATE. LLC, a Texas limited liability company By: Name: _ Title GRANTEE: 2COUDrive, LLC, a Texas limited liability com any By: Name: 5 Title: STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 2013 by of 205 Noahgate LLC, a Texas limited liability company. on behalf of said company. Notary Public, State of Texas My Commission Expires: STATE OF TEXAS COON T Y OF-BRAE58 HAZRIS This instrument was acknowledged before me on the L day of —, 2013. by C� -h of 2000Drt��e. a Texas limited liability company, on behalf of such comoanv. �e — /J�^ G DARLENE J. WOGD My Commission Expires Notary Public, State of T V as s October 10, 201 My Commission Expires: �''rznrn'n v✓:qGW/.,4572 H m, Oanny & Anni=/Attess Easement Agreemen[ F Tssu� rC ap Hyxj-j'9 C! ZO 'g �-H` cma,m� ��ggj N If !jz op � 9—e- 4L Ws. as R sg DO UE L ji'A METES AND BOUNDS DESCRIPTION OF A PRIVATE ACCESS EASEMENT PORTION OF LOT 1, BLOCK s W. C. BOYETT ESTATES PARTITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYINGAND BFDTG S17JATF-D IN COLLEGE STATION, BRAZOS COUNTY BEING A PORTION OF THE REMAINDER OF LOT I,iLOCK 8, , TEXAS. SAID TRACT BLOCK 8, W. IN RFPL�Y OF 1 ACRE OUT OF VOLUME 101, C. BOYFTr ESTATE PARTITION, ACCORDING TO THE PLAT RECORDED IN PAGE 204 OF THE DEED RECORDS OF BRA ZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED By METES AND BOUNDS AS FOLLOWS: COMMENCINGAT AMAGNAIL IN ASPffALTMARKINGTHE j\TORTHWFST CORNEROF SAID REMAINDER OF LOT 1: THENCE; N41029'03" E ALONG THE NORTHWEST LINE OF SAID REMAINDER OFFLOT I FOR A DISTANCE OF 5.20 FEET TO THE POINT OF BEG EASEMENT; NNING OF THIS HEREIN DESCRIBED THENCE. N 41029'03"E CONTINUING ALONG THE NORTHWEST LINE OF SAID REMAINDER OF LOT I FOR A DISTANCE OF 12.00 FEET TO A COTTON SPINDLE IN ASPHALTMARKING TEE COMMON CORNER OF SAID REMAINDER OF LOT I AND THE REMAINDER OFLOT2, BLOCK 9, THENCE: S 48'30'57" E ALONG THE COMMON LINE OF SAID REMAINDER OF LOTS IAND2 FORA DISTANCE OF 13.00 FEET TO THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: S 41'29'03* W THROUGH SAID REMAINDER OF LOT IFOR A DISTANCE OF 12.00 FEET, THENCE. N 480 30' 57" W CONTTNUING THROUGH SAID REMAINDER OF LOT I FOR A DISTANCE OF 13.00FEETTO THE POINT OFBEGINNING CONTAINING 156 SQUARE FEET OF LAND, MORE OR LESS. BEApjN G7'SYSTiM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM Gps OBSERVATION, SEE PLAT DESCRIPTIVE INFORMATION. PREPARED FEBRUARY 2013 FOR MORE BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB/13-100.MAB tF>,k, Pod J, SUBORDINATION OF LIEN THE STATE OF TEXAS COUNTY OF BRAZOS 6 DR CITY BANK TEXAS, the owner and holder of a lien against the Northgate Tract described in the Access Easement Agreement attached hereto ("Easement") does hereby subordinate its liens against the Easement and Easement property and agrees that in the event of a foreclosure by City Bank Texas or its assigns of its liens against the Northgate tract as described in the attached Easement, the foreclosure of the City Bank Texas liens shall not terminate the Easement, and the Easement shall remain in force. WITNESS my hand the 13k4 day of June, 2013. CITY BANK TEXAS By:'��-- Name: 11 as !�, ac �• Title: %-(e/!r� vrinf STATE OF TEXAS COUNTY OF %f �p This instrument was acknowledged before me on the / -,� day of June, 2013 by n '` ` 1 A"- of CITY BANKTEXAS, on behalf of said bank. Piclary PuMic \ I `tf JS S d f ti � V \ }' �__ as �J Janice 'V Notary�ubhc State of as ,� State of Tom My C lsslon Expires: JDW.'GB 11-1502 HuASub of Lien City Bank AFTER RECORDING, RETURN TO: The Ellison Firm Attn: Bradley T. Sharpe P.O. Box 10103 College Station, Texas 77842-0103 File No. 6229.002 B�IA7 WT- Doc e•# VDI Ps 01019626 DR 8452 194 ACCESS EASEMENT AGREEMENT This Access Easement Agreement (the Agreement") is by and between 200 University Drive, LLC_ ("Grantor-) and 200 U Drive, LLC (the -Grantee-). RECrrm,s: A. Grantor is the owner of that certain tract of land located in Brazos County, Texas and being more fully described as PORTION OF LOT 2 BLOCK 8 Boyett Estate Portion VOL 101 PG 204 attached hereto and incorporated herein by reference (the "Garb Tract"); B. Grantee is the owner of that certain tract of Iand Iocated in Brazos County, Texas and being more fully described in PORTION OF LOT 1 BLOCK 8, attached hereto and incorporated herein by reference (the "200 Tract"); C. An establishment opened to the public is being constructed on the 200 Tract that will need an easement on, upon and across part of the Garb Tract for the purpose of pedestrian ingress and egress to and from the establishment located on the 200 Tract (the `Easement"). The part of the Garb Tract necessary for the Easement is more fully described in Exhibit "A', attached hereto and incorporated herein by reference (the Mascment Property"), Now, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the parties agree as follows: 1. Parties: Grantor: Grantor's Address: Grantee: Grantee's Address: 2. Grant of Easement: 200 University Drive, LLC 4928 Laure Street Bellaire, Harris County, Texas 77401 200 U Drive, LLC 3350 McCue Road, Apt 1504 Houston, Harris County, Texas 77056 Grantor hereby grants, sells and conveys to Grantee, its successors and assigns, an easement on, upon and across the Garb Tract, the Easement Property, for the purpose of pedestrian ingress and egress to and from the establishment located on the 200 Tract. Grantee shall indemnify Grantor and hold it harmless against all liabilities, claims, and demands for personal injury or property damage arising out of or caused by any act or omission of Grantee, or her agents and invitees. Grantee cannot change or expand the use of the Easement Property without the prior written consent of the Grantor which consent shall be reflected m an amended or restated Easement Agreement. Doc Bk Vol Pe 01017626 4R 8452 200 Grantor does hereby bind itself and its heirs, successors, assigns and legal representatives to warrant and forever defend all and singular the above descnbed Easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. THE 1r' FFECRYE BATE OF TEm AGRm. mNT LS Ocrous L.9, 200$ GRANTOR: 200 UNIVERSITY DRIVE, LLC GRANTEE: 200 U Drive, LLC EesdbaNT A(amm mT PAc9 2 Doc Bk Vol Fs 01019626 0R 8952 201 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF BRAzos Before me on this day personally appeared_LLs Gazh , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. Given under my hand and seal of office this .2s —7 4 dayJ! of October,, 2008._ DAMM J WOOD A/tLL�4"�n2 t�t.t -- IS w commA 1on E Notary Public octd»r 10. 20D9 My Commission Expires: / o - / o - zv09 My County of Residence: 4-jy�.cj s STATE OF TEXAS § § COUNTY OF BRAzos § Before me on this day personally appeared ks known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. Given under my hand and seal of office this 3.6 ` day of October, 2008. DARLENE J WOOD My camn*sion Expka OakbW 10, 2009 Notary Public My Commission Expires: (G- l o - ZOO 9 My County of Residence: ris AFTER RECORDING, RETURN TO: LAW OFFICE of JoHN H BUCY H 4425 S. MOPAC EXPRESSWAY BUILDING 2, SUrrE 101 Ausm, TEXAS 78735 EAMOMM Ac,RUt. M PAGE 3 UE MEN STEEL EXIT STAIR ACCESS EASEMENT F.—I$iIlL��iL� 1>fY`ll Fss � Fo Y 46e" .70 0' 5' 10' 21Y to = 1'-0" Doc 8k Vol Pa 01019626 OR "52 202 Q 200 University Drive, LLC } PORTION OF LOT 2 11 l 1.1 BLOCK 8 3o ett Estate Portion VOL `Zoned NG-1 i 11 -- M5rM exrsrAM rnoM am FLOCK worn Ikhx Doc Bk Vol Ps 01019626 OR 8952 203 Filed for Record in: BRAZOS COUNTY On: Feb 06,2009 at 11:27A As a Recordinss Document Ro*ber: 01019626 Amount 27.00 Receipt Number - 3W75 By t Becky Vrisht STATE OF TEXAS COUNTY OF BRAZOS I herebs certifs that this instrument vas filed on the date and time stamped hereon by we and was dull recorded in the volume and pose of the Official Public records or: BRAZOS COUNTY as stamped hereon bs me. Feb O6r2OO9 HONORABLE KAREN ItCQUEENr COUNTY CLERK BRAZOS COUNTY