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Nonce OF CONFmtNTJALITY RIGHTS: IF vou A:RE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE /\NY OF
THE FOLLOWJl'lG INFORMATION FROM TITTS INSTRUMENT UEFORE IT IS 111LllD FOR RECOR)) JN TffE f'UBLIC
!(to;CORDS: \'OUR SOCIAL SECURITY NUM8ER OR VOtJR DRlV£R'S LICENS! NUMllEn.
EASEMENT AGREEMENT FOR ACCESS
DATE:
GRANTOR: DBLMAR BARONHEADI) LTD., A TEXAS LIMITBD PARTNERSHIP
GRANTOR'S MAILING ADDRESS:
4645 N. Central Expressway, Suite 200~ Dallas, Dallas County, Texas 75205
GRANTEE: BRAZOS GATEWAY PLACE DEVELOPMENT) LTD., A TEXAS LfMITED PARTNERSHIP
GRANTEE'S MAILING ADDRESS:
1289 N. Harvey Mitchell Parkway, Bryan, Btazos County, Texas 77803
DoMlNANT ESTA 'fE PROPERTY: Lot One (1), Block One (1). The Gateway Phase II,
addition to the City of College Station, Tex.as~ according to
Plat recorded in Volume 5809, Page 70-71 of the Official
Records of Brazos County, Texas,
EAS~MENT PROPERTY: Descl'ibed by metes and bounds as depicted on Exhibit "A"
attached hereto.
EASEMENT PURPOSE:
CONSIDERATION:
For providing free and uninterrupted vehicular ingress to and
egress from the Dominant Estate Propei:ty, to and from the public
thoroughfare for purposes of fire protection only. Said Basement
shall not be used for everyday tlSe but for emergency use Oltly.
The sum of T~ AND No/100 DOLLARS ($10.00) and other good and
valuable consideration, the receipt and sufficie1icy of which are heJ.-eby
acknowledged by Gran.tor.
RESERVATIONS FROM CONVEYANCE: All of record.
EXCEPTIONS TO W ARR.ANTY: All of record.
GRANT OF EASEMENT: Grantm;, for the Consideration and subject to t11e Reservations from
Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and
Grantee's heirs, successors, and assigns an easement over, on, and across the Easement
Prope.rty for the Easement Purpose and for the benefit of the Dominant Estate Property,
together with all and singular the rights and appurtenances thereto in any way belonging
(collectively, the "Easement''), to have and to hold the Easement to Grantee and
Grantee's successors and assigns forever. Grantor binds Granter and Grantol"s heirs,
successors, and assigns to warrant and forever defend the title to the Easement in Grantee
and Grantee's heirs, successors, and assigns against every person whomsoever Jawfully
claiming or to claim the Easement or any pm·t thereof when the claim is by, through 01·
PAar. l Of~
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under Gl'antor but not otherwise, except as to the Reservations from Conveyance and
Exceptions to Warranty.
TERMS AND CONDITIONS: The following terms and conditions apply to the Easement granted by
this agreement:
1. Character of Easement. The Easement is appuitenant to and runs with all or any
portion of the Dominant Estate Property, whether or not the Easement is referenced or described
in any conveyance of all ox such portion of the Dominant Estate Property. The Easement is
nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee,s heirs,
successors, and assigns who at any time own the Dominant Estate Prope1ty or any interest in the
Dominant Estate Property (as applicable, the ••Holder").
2. Duration of Easement. The duration of the Ease:ment is perpetual.
3. Reservation of Rights. Grantor reserves for Grantor and Grantor's successors and
assigns the right to continue to use and enjoy the Easement Property for all purposes that do not
interfere with or interrupt the use or enjoyment of the Easement by Holder for the Easement
Purposes. Grantor 1·eserves for Granter and Grantor~s successors and assigns the .tight to use all
or part of the Easement in conjunction with Holder and the right to convey to others the l'ight to
use all or part of the Easement in conjunctio11 with Holder, as long as such further conveyance is
subject to the terms of this agreement and the other users agree to bear a proportionate part of the
costs of improving and maintaining the Easement.
4. Secondary Easement. Hold.el' has the right (the "Secondary Easement'') to use as
much of the surface of the property that js adjacent to the Easement Property C'Adjacent
Property") as may be reasonably necessary to install and maintain a road reasonably suited for
the Easement Purpose within the Easement Prope1ty, Howeve1', Holder must promptly restore the
Adjacent Prope1ty to its previous physical condition if changed by use of the rights granted by
this Secondary Easement.
5. Improvement and Maintenance of Easement Property. Improvement and
maintenance of the Easeme11t Property will be at the sole expense of Holder. Holder has the right
to eliminate any encroachments into the Easement Property. Holder must maintain the Easement
Property in a neat and clean condition. Subjoot to the tenns and conditions of this Agreement,
Holder has the right to constmct, install, maintain, replace~ and remove a road with all culverts,
bridges, drainage ditches, sewer facilities, and similar or related utilities and facilities under or
across any portion of the Easement Prope1ty (collectively, the «Road Improvements"). All
matters concerning the configuration, construction, installation, maintenance, replacement, and
removal of the Road Improvements arc subject to Grantor's approval and the performance of
Holder's obligations under this agreement. Holder has the right to remove or relocate any fences
within the Easement Property or along or near its boundary lines if reasonably necessary to
construct, install, maintain, replace, or remove the Road Jmprovemen.ts or for the road to
continue onto other lands or easements owned by Holder and adjacent to the Easement Property,
subject to 1-eplacement of the fences to their original condition on the completion of the work.
Prior to commencing any construction work on or adjacent to the Easement Property (including)
without limitation, grading or other dirt work), Holder shall submit complete plan.s and
specifications for the Road Improvements or any replacements thereof, as applicable, to Granter
for Grantor's approval, which approval shall not be um:easonably withheld or delayed. The
installation, maintenance, replacement and removal of the Road Improvements, or any portion
11 /30/2005 23 :41 g1g8458252 PAGE 04/13
theteof, shall in all events be perfonned; (a) in compliance with all applicable federal, state and
local laws, statutes, ordinances, codes, regulations and orders, including, without limitation, any
requisite permits or approvals · from the U. S. Army Corps of Engineers and/or the City of
College Station, Texas; (b) in a good and workmanlike manner, free of any Hens or claims of
liens for materials, labor, or otherwise; and (c) in such manner as not to interfere with (i) proper
drainage of storm water to 01· from the detention facilities located on Grantor's property Ol' (ii)
normal conduct of business and flow of vehicular and pedestrian traffic in Grantor's adjacent
shopping center.
6, Equitable Rights of Enforcemer1t. This Easement 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
wiU not be deemed to be an election of remedies or a waiver of any other rights or remedies
available at law or in equity.
7. Attorney 's Fees, Jf either party retains an attorney to enforce this agreement, the
party prevailing in litigation is entitled to recover 1·easonable attorney's fees and court and other
costs.
8. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heh'S, successors, and permitted a..c:signs.
9. 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.
l O. Counterparts. This ag1:eement may be executed in any number of counterparts
with the same effect as if all signatory pal'tics had signed the same document. AU counterparts
will be construed together and will constitute one and the same instt!lll'l.ent.
11. Waiver of Default, It is not a waiver of or consent to default if the nondefaulting
party fails to doolal'e 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.
12. Further Assurances. Each signatory party agrees to execute and deliver any
additional documents and instruments and to perfotin any additional acts necessary or
appropriate to perform the tm·msi pl'ovisions, and conditions of this agreement and all
transactions contemplated by this agreement.
13. Indemntty, Each pa1ty agrees to indemnify, defend, and hold hatmless 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. Holder hereby indemnifies and agrees to
defend Grantor and Grantor's successors and assigns, from and against any and all claims,
actions, suits, liabilities, damages and expenses (including, without limitation, attorneys ' fees
and costs) suffered or incurred in connection with any loss of life, bodily injury or damage to
11 /30/2005 23 :41 9798458252 PAGE 05 /13
property arising out of any occun·ence in, upon or at the Easement Property, unless the same be
caused by the gross negligence or willful misconduct of Grantor.
14. Integration. This agreement contains the complete agreement of the parties and
ca1mot be varied except by wiitten 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
15. Legal Construction. If any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability doos not destroy the basis of the ba1'ga.in among
the patties, the unenforceability will not affect any other provision hereof, and this agreement
will be construed as if the unenforceable provision had never been a pa.it of the agreement.
Whenever context requires1 the singular will include the plural and neute1· include the masculine
or feminine gender, and vice versa. Article and section headin.gs 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 Jess favorably between the parties by reason of authorship 01· origin
of language.
16. Notices. Any notice required or permitted under this agreement mtist be in
writing. Any notice required by this agreement, which is deposited with the Unit.ed States Postal
Service, postage prepaid, certified mail, retum receipt requested, and addressed to the intended
recipient at the address shown in this agreement will be deemed to be delivered when received or
refused by the intended recipient. 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 p1'ovided herein.
17. Recitals. Any recitals jn this agreement are represented by the · parties to be
accurate, and constitute a part of the substantive agreement.
18. Time, Time is of the essence. Unless otherwise specified, all references to "days"
mean calendar days. Business days ex.elude Saturdays, Sundays, and legal public holidays. If the
date for performance of any obligation falls on a Saturday> Sunday, 01· legal public holiday, the
date for performance will be the next following regular business day.
GRANTOR:
DELMAR BARONHEAD I, LTD.;
A TEXAS LIMITED PARTNERSHIP
By: DELMARBARONHEAD GP#l, LLC
z~ BY:
GRANTEE:
BRAZOS GATEWAY PLACE DEVELOPMENT,
LTD., A TEXAS LIMITED PA RTNP..RSHI?
BY: BGPD MANAGEMENT, LLC,
!TS GENERAL PARTNER
11/30/2005 23:41 9798458252
THE STATE OF TEXAS
COUNTY OF 'Oct// 1 S
§
§
§
THESTATE0fl'1'EXAS §
§
COIJNTY OF BRAZOS §
PAGE 05/13
be.c.. .e. ~~ ol.t"" This instrument was acknowledged before me on the { /$ day of ~io11'i!MBBR1 2006 by /J.C. io~~l Dglt,;~ -:Pa..rm~,.--oF BGPD MANAGEMENT, LLC, A TExAs L1MITE0
LIABIL TY COMPANY, GENERAL PARTNER OP BRAZOS GATEWAY PLACE DEVELOPMENT, LTD., A
TEXAS LIMITED PARTNERSHIP.
PAMELA K. WIUJAMS
NoWy Put&, Sla1e d Taces
MyCammlalen ~
MARCH B, 2007
~~:\{.'-Li~
Nut(lfy Public, St(lfe of Texas
11/30/2005 23:41 9798458252
26' Wldl) !=!rt~ Acoc.oc E®Gmim
Acri:iae
Lot 9, Blool< 1 ·The GQtaway ?hBBt!l On~ Re~lat
VolUlllfl 4Q98, Pagl!l 262
Rluherd Carter Survoy, A·B
collegB Station, Brazos County, Tex1.1-11
Fh?Jld notGt1 C>f ~ 9322 aq, fl 1t'!lct or paroet of land, ·lylng and belng alluated In lhe Richard CartB1·
SurVBy, Abstract No. 8, Collsgo station, Brazos County, Texas, and being pert of Lot 9, Block 1 -The
Gateway Phase One Ri:iplat according to the. plat reCOl'ded rn Volume 499(1, Paga 2132. of the ornc1a1
R~rcla of Brazos County, Texas, .and belhg mom partieulEWiy described ss follows:
COMM~CING at a 618" Iron rod found marking fl)l!l common corner bBtween tha
befummentloned Lot 9, ·srock 1, and Lot 1, Block 1 ·The Gat6way ?hass Two, aocordlng to the plat
rGcorded lri Volume SSOQ, Page 70, of the Orflclal Records of arezos County, Te>Cea, said 518" Iron rod
also lying in the northwest line of Lot 1AR-2 (2.6'..! acres) according to th& reptQt of Gateway ,
SubdMslon Phase One recorded In Volume 669S, Peg<i 211, ot th& omolal Record11 of Brozoe County,
Texas;
THENCE N 36° 10' 20" e along thEI common Hn, Datween tbe beforemeriUoned Lot 9, Blool( I,
and Lot 1AR-2, fora dlslBnce of37.16 feet to~ 60d nan setatths ?LA.CE OF S~BINNIN~ of this
description:
THeNCE N 44°Hl'17" W ror a tfls1e.m:a of 81.74 faet to a SOd nail aet at the beginning of El
curve col'lcave to the eou!h tuwlng a retflllS of 2a.OD f~l!lt;
THENC~ Weeletly alang said curv0 ror an arc df,tance of 30,30 f9et toe BDd naff aet In Iha
common llna batwaen the b&foremendoned Lot 9, Blook 1, and Lot 1, Block 11 the chord bears N 75°
25' 1 O" W -28,92 feet;
THENCE: N 330 :w 15" W a!Ong tha oommon nne belWBen I.he bttfotern81'1Ur.:med Lot 9, Bloai{ 1,
and LOt 1, Block 1, for a dlst11noo pf 26.SO r~ 10 a SOd Mtl aot ~t the beglrlnlnQ of a ourve concava to
ths south fla\lfhg a rMlua Of 54.00 feet;
THENCE F..a«terly elong seld curve for an arc dl&tance or 86.42 feet to a 60d nail !IBt at the end
of th ls r:unia, the chord bearS S 7g• 33' SB" E -62.31 feet;
THENCE: e 44° 19' 17" E fOr a dllllBnrJ;i of 76.96 faC!ll tQ a 60d ru11I ~t rn tl1s commol'I llna
between the baloramentloned l.ot 9, BIOck 1 1;111d LOI iAR-2:
~ci:U~~r20~ .
By:~ -·
9, M. Kllng ,
R..P.L.S. No. 2003
~---· PROPOSED 26' WIOE: FIRE: ACCi;.ss EASEMENT
3,322 SO. FT.
LINE TABl.E:
UNli BMNG OJ!n'ANCE
LT NH·1g111"W a1,7~·
1.2 ~·J1'11;"w 2~.eo·
t..:l SH-'1~'17"1!: 76.~81
LA S3G' 11l'20"W 26.'4~'
PAGE 07/13