Loading...
HomeMy WebLinkAboutEasement AgreementLAWYERS =11 CO. GF# _S9 THE STATE OF TEXAS COUNTY OF BRAZOS Onc Bk Val Pa 00920744 OR 7207 12 ACCESS EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: FA THIS ACCESS EASEMENT AGREEMENT (this "Agreement"), dated D-r-G . S 2005, is between BRIGHT LIGHT CORPORATION, a Texas corporation ("Grantor"), and B-D bnMOSPeKss Venture, Ltd., a Texas limited partnership ("Grantee"). The following statements are a material part of this Agreement: A. Grantor is the owner of a tract of land described on Exhibit "A" attached hereto ("Grantor's Parcel"). B. Grantee is the owner of a tract of land contiguous to Grantor's Parcel described on Exhibit "B" attached hereto ("Grantee's Parcel"). C. Grantor's Parcel and Grantee's Parcel are sometimes herein referred to individually as a "Parcel" and collectively as the "Parcels." Grantor and Grantee, and their successors owning any fee simple interest in the Parcels, are herein sometimes referred to individually as an "Owner" and collectively as the "Owners." D. Grantor is, in this Agreement, granting to Grantee an easement for vehicular and pedestrian ingress and egress over and across a portion of Grantor's Parcel (the "Access Easement") to Texas Avenue, a publicly dedicated road ("Texas Avenue"), as shown on the site plan ("Site Plan") attached hereto as Exhibit "C" and made a part hereof. The Access Easement is labeled "Access Easement" on the Site Plan and is described by metes and bounds on Exhibit "D" attached hereto and made a part hereof. E. The easement over and across the Access Easement is to be granted and maintained so as to provide vehicular and pedestrian access between Grantee's Parcel and Texas Avenue, subject to and in accordance with this Agreement. Grantee shall have the right to re -construct the Access Easement with concrete and shall indemnify Grantor, its legal representatives, successors and assigns from any claim, loss, or liability resulting from such re -construction, subject, however, to the provisions of Paragraph 2 below. F. As used herein, the term "Applicable Laws" shall mean all laws, rules, regulations, ordinances and requirements of all applicable governing authorities. Also, as used herein, the term "Permittees" of an Owner shall mean collectively, the Owner and the tenants of said Owner's Parcel, and all of their respective employees and customers, licensees, invitees and agents. THEREFORE, in consideration of the covenants contained in this Agreement and other good and valuable consideration including the payment by Grantee to Grantor of the sum of $100,000.00, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements and covenants are made: Return to: - . Sari LaGrone -"4P41 /I '� A CHARTER TITLE COMPANY I 4265 San Felipe. Suite 350 Houston, TX 77027 Doc Sk Vol Fs 00420144 DR 7207 13 1. Easement for Ingress and Egress. Grantor hereby grants, creates and establishes for the benefit of Grantee's Parcel, the Owner of Grantee's Parcel and said Owner's Permittees, a private, perpetual nonexclusive easement for the purpose of vehicular and pedestrian ingress and egress over, upon and across the area out of Grantor's Parcel cross -hatched on the Site Plan and labeled as "Access Easement" so as to provide the Grantee Parcel access to Texas Avenue. The easement herein granted is not exclusive, and Grantor hereby expressly reserves the right for itself and the future Owners of Grantor's Parcel and their Permittees to use the Access Easement for vehicular and pedestrian ingress and egress in common with Grantee and its Permittees. 2. Re -Construction and Maintenance of Access Easement. Grantee shall have the right to re -construct the Access Easement with concrete, provided that Grantee shall do so only in accordance with Applicable Laws and substantially in accordance with specifications therefor which have heretofore been approved by Grantor and in a manner so as to minimize to a commercially reasonable extent impairment of access between Texas Avenue and Grantee's Parcel. Such re -construction shall be commenced and completed within a period not to exceed thirty (30) days, subject, however, to extension for weather related circumstances. Grantee covenants and agrees that Grantee shall install and thereafter maintain, at or about the entrance into the Access Easement from Grantee's Parcel, directional signage stating "No Left Turn." Grantor shall be obligated, thereafter, to maintain and repair the improvements within the Access Easement, in good condition and repair and shall do so with due diligence so as to minimize interference with the exercise by Grantee's and its Permittees' use and enjoyment of the Access Easement. Grantee shall, within thirty (30) days following its receipt of Grantor's invoice accompanied by reasonably acceptable supporting evidence (e.g., paid invoices) reimburse Grantor for one-half (1/2) of the actual and reasonable costs incurred by Grantor in making any extraordinary repairs or replacements to the Access Easement. For purposes of the preceding sentence, the term "extraordinary repairs or replacements" shall mean those repair or replacements which are, under generally accepted accounting principles, required to be capitalized rather than expensed. 3. No Other Improvements. No building improvements or other improvements that would hinder, limit or impede vehicular and pedestrian ingress and egress shall be constructed within the Access Easement. The paving and other facilities constituting the Access Easement shall not be removed or materially altered without the prior written consent of the Owners of Grantor's Parcel and Grantee's Parcel. 4, Compliance with Laws and Regulations - Indemnifications. Subject to Paragraph 4 below, Grantee, as the Owner of Grantee's Parcel, covenants and agrees, with respect to its use of the Access Easement, to comply with all Applicable Laws, and to indemnify, defend and hold Grantor, as the Owner of Grantor's Parcel harmless from and against all claims, demands, losses, damages, liabilities and expenses and all suits, actions and judgments (including but not limited to costs and attorney's fees) arising out of or in any way related to any negligent act or omission, or willful misconduct, within the Access Easement by Grantee or any of its tenants or the employees or agents of Grantee or such tenants or any other Permittee of Grantee. Subject to Paragraph 4 below, Grantor, as the Owner of Grantor's Parcel, covenants and agrees, with respect Doc Bk Vol Fe 00920144 OR 7207 14 to its use of the Access Easement, to comply with all Applicable Laws, and to indemnify, defend and hold Grantee, as the Owner of Grantee's Parcel harmless from and against all claims, demands, losses, damages, liabilities and expenses and all suits, actions and judgments (including but not limited to costs and attorney's fees) arising out of or in any way related to any negligent act or omission, or willful misconduct, within the Access Easement by Grantor or any of its tenants or the employees or agents of Grantor or such tenants or any other Permittee of Grantor. 5. Insurance. Each Owner of all or any portion of a Parcel shall, with respect to its Parcel and the operations thereon (including the construction of any improvements), at all times during the term of this Agreement, maintain in full force and effect commercial general liability insurance with a financially responsible insurance company or companies; such insurance to provide for a combined single limit of not less than One Million Dollars ($1,000,000.00) for personal or bodily injury or death and for property damage. Such insurance shall specifically extend to the contractual obligation of the insured party arising out of the applicable indemnification obligation set forth in Paragraph 3 above. Each other Owner shall be named an additional insured under such insurance policy. EACH OWNER WAIVES ANY RIGHTS OF SUBROGATION THAT ANY INSURER OF SUCH OWNER MAY OTHERWISE HAVE AND WAIVES ANY RIGHT OF RECOVERY AGAINST ANY OTHER OWNER TO THE EXTENT ANY LOSS OR DAMAGE SUFFERED BY SUCH OWNER IS COVERED BY THE INSURANCE REQUIRED HEREIN TO BE CARRIED (OR, IF ANY OWNER FAILS TO CARRY SUCH INSURANCE, TO THE EXTENT SUCH LOSS OR DAMAGE WOULD HAVE BEEN SO COVERED HAD SUCH OWNER NOT FAILED TO DO SO). 6. Default. If there is a failure by any Owner to perform, fulfill or observe any obligation contained in this Agreement, to be performed, fulfilled or observed by it, continuing for thirty (30) days after written notice from any other Owner (or in the event such failure cannot reasonably be cured within such 30-day period, such Owner fails to commence to cure such failure within such 30-day period or fails, after commencement to cure, to prosecute such cure with reasonable diligence), such other Owner may, at its election, cure such failure or breach on behalf of the defaulting Owner. Any amount which the Owner so electing shall reasonably expend for such purpose, or which shall otherwise be due by any Owner to another Owner, shall be paid to the Owner to whom due on demand, upon delivery of its invoice. The provisions of this Paragraph 5 shall be in all respects subject and subordinate to the lien of any mortgages or deeds of trust at any time or from time to time on the Parcel of the defaulting Owner and the rights of the holder or holders of any such mortgages or deeds of trust. 7. Covenants Running with Land; Private Easements. The rights contained in this Agreement shall run with the land and inure to and be for the benefit of the Owners and their respective heirs, legal representatives, successors and assigns. Nothing contained in this Agreement shall ever be deemed to create a gift or dedication of all or any portion of Grantor's Parcel to the general public or for any public purpose whatsoever. 8. Conveyance. The grant of easement rights under this Agreement is subject to all restrictions, easements, reservations, conditions, covenants, encumbrances and other matters of record in the Real Property Records of Brazos County, Texas, and to all matters that a currently Doc ft, Vol Ps 00920144 OR 7207 15 dated accurate survey of the Property would show, to the extent same are valid and subsisting and affect the Parcels. 9. Notice. Grantor's address is: 1502 South Texas Avenue College Station, Texas 77840 Attn: Dinesh R. Patel Grantee's address is: Attn: John H. Baker III and/or Loyd Dalton 9121 Elizabeth Road Houston, Texas 77055 Notices to each party shall be sent by certified mail, return receipt requested, or by overnight courier, and shall be effective upon receipt or refusal to accept delivery. Any Owner may lodge written notice of a change of address with the other Owner. 10. Entire Agreement: Amendments. This Agreement contains the entire agreement between the parties with respect to the easement rights herein granted, and no agreement shall be effective to change, modify or terminate this Agreement in whole or in part unless such agreement is in writing and duly signed by the owner(s) of each Parcel. 11. Attorney's Fees. If any party hereto is a prevailing party in any legal proceeding brought under or with relation to this Agreement, such party shall be additionally entitled to recover costs, reasonable attorney's fees, and all other litigation expenses from the nonprevailing parties. 12. Separability. Should any clause, sentence or paragraph of this Agreement be judicially declared to be invalid, unenforceable or void, such decision will not have the effect of invalidating or voiding the remainder of this Agreement, and the parties hereto agree that the part or parts of this Agreement so held to be invalid, unenforceable or void will be deemed to have been stricken herefrom by the parties hereto, and the remainder will have the same force and effectiveness as if such stricken part or parts had never been included herein. 13. Captions; Exhibits. The captions in this Agreement have been inserted for convenience only and shall be given no substantive meaning or significance whatever in construing the terms and provisions of this Agreement. All exhibits attached hereto are incorporated herein by this reference for all purposes. 14. Governing Law: Terms, THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE TRIED AND LITIGATED ONLY IN THE LOCAL, STATE OR FEDERAL COURTS LOCATED IN HARRIS COUNTY, TEXAS, Doc ttk Vol Ps 00920144 OR 7207 16 AND EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO ASSERT THE DOCTRINE OF FORUMNONCONVENIENS OR TO OBJECT TO SUCH VENUE. 15. Condemnation. In the event of condemnation or similar taking of all or any portion of the Access Easement by right of eminent domain, or by deed in lieu thereof, or otherwise, Grantor shall be entitled to that portion of the award or compensation attributable to the value of the real property within Grantor's Parcel and Grantee shall be entitled to that portion of the award or compensation attributable to severance damages to Grantee's Parcel. 16. Consent and Subordination. Citibank Texas, N.A., a national banking association, joins in the execution of this Agreement solely for the purposes of (i) consenting to the execution hereof by Grantor, and (ii) subordinating all liens held by it against Grantor's Parcel to the terms and provisions of this Agreement insofar as it encumbers .0460 acres (or 2,002 square feet) Access Easement (but not the balance of the 3.956-acre tract owned by Grantor) including without limitation the liens of those certain Deeds of Trust and Security Agreements filed in the Real Property Records of Brazos County, Texas under County Clerk's File Nos. 0651846 and 0697944. V Doc U Val Fe 00920144 OR 7207 17 IN WITNESS WHEREOF, this Agreement is executed as of the date first written above. BMUS B-D%ass Venture, Ltd., a Texas limited partnership By: Rdkeke-a Preperties, LLC, a Texas limited liability company BRIGHT LIGHT CORPORATION, a Texas corporation By: Dinesh R. Patel, President Z �� CITIBANK TEXAS, N.A., a national banking association By: Name: a J Title: (zjf 4.;M 1,,n lhjAvj3ed. H Doc Bk Vol Pe 00920144 OR 7207 18 THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was Icnowl e�dMbefore me on the lls day of 200$, by 42thme �j of ertiesLLC, a Texas limited liability com any which general partner of B-D Venture, Ltd., a Texas limited partnership, on behalf of said entities. 4ENE !ri'/!NOBLETATEOFTEWN' EXPIRES 2009 (SEAL) THE STATE OF TEXAS COUNTY OF HARRIS Notary Public in and for the State of Texas Printed Name of Notary My Commission Expires This instrument was acknowledged before me on the 5? day of 1-\'eE e'Y 6e , 2005, by Dinesh R. Patel, President of Bright Light Corporation, a Texas corporation, on behalf of said corporation. �N T . 1�� I w (SEAL) A Notary Pyflic in and for the State of Texas le--t--+ 14 G a +-+ e r- s8 -) Printed Name of totary My Commission Expires THE STATE OF TEXAS COUNTY OF HARRIS This instrument w acknowledged before me on the 4 day of Lt 16itie Citibank Texas, N. A association, on Mhalf of said association. SALEMA CRAWFOR Ndary Pubk Sere d Texas s vrEiEa 1 2006 (SEAL) Doc 6k Vol ;'s 00920144 OR 7207 19 � , 204 by ., a national banking „r Notary Public in and for State of Texas :A Printed Name of Notary q -/ / -al My Commission Expires Drc Bk Vol f's 00420144 DR 7207 20 EXHIBIT "A" BE'NG A 3.955 ACRE '"'FACT IH rll J.E_ -'COTT LEA50*- A-50. COLLEGE' STATION. BRAZOS XUVt Y. TEXAS, AMD BEIhu PA+7T OF THE RceaAtONU :6PP ,C£ COmmERCIA£ AREA AS SHOWN ON ThE %'CAT Ol RED,,oj%v TEr7RACE. F*AST INsTA£.(.MENF RELOADED IN YOLtmE ISO. PASS 295 O.= ,FIE Dgo RECORD» OF BRA208 COG9✓TY, TC7TA5 ANO BEINS ,NORE P4RTZC42ARLY DESCRIaEV 9Y MEi ES Al2O 9 CADS AS FOL.i.O.WS' BESIkNING AT A t%r' iRopt ROO rOWV IN TtFc SOUTHWEST RTjWF" 0+''-VAY LINF OF 7EXA.S AVr7NUE LOCATED .V 45'00'09-W FOR A ;?,-S7WXj5 OF 10.04 FROM A POINT MARKING THE it1TFR•SECZON OF SAID RIGHT -OF -Wit t LIMc ANO THE' .'VORTJiXe'ST LINE or BLOCK I Or SASD REDMOf2: TERRACE rlRST Ih:STALLMEN.'.' Tl/r7vCE• S45'08'03`W FOR A OISTANCE OF t00.16 FEE." 7-0 A 1I2' 1:RDN POO Fljlt ; THENCE.' $ 44'591070n FOR A DISTA.'CP' OF 9.99 FEET• TO A fIB' .TROM ROO FDLND MARKZTJP TWE WEST COR:>� OF LOT (1. BLOCK .i. CF SAID IN5-,ALLML''NT. TNENCc S 45'09122'W F'OR A O?.STAMCE CF 125.02 FE8'T TC A GRILf. HOLE Fof1r v. 77)E',-F At ONG THE NORT.YF:.ST LINES OF SAID BLOCK 3 AS FOLLOWS.' N 64'40'00'.W FIXR A DISTA,v'cE OF 6-05'. 40 FEET TO AN ANGLE POINT•- IJ 4-0',70'00'N FOR A DISTANCE OF 317. 07 r-ZT TO A POZVr IV THE SOUTHEAST RIGHT CF-WAY LINE 09 ✓OW MiLLIp,� AOAO f 4'0' R. O. W.J T7e.*ICE N 44'S$'53'IF ALO.^K SAID .RIGHT-ap,YdY FOR A OISTaNCE OF 290. 5t FEET iD A SIB' IRON ROO FOU%'0 NARKING THE .WES.' CORNE7i OF BLOCK 7. 4CCORDING TD A PLAT RECORDED ZN VCL4#,C .745.. PASS 7Jf 41F Ih'F Vfw-V RECOROS OF PRAZOS COW' K TEXA.s^ r, MMm= 440M, THE SCU"tWEST ANN SCUrNEAST LINES OF SAID BLOCIf 7 FOR 171E FDLiOWING CAU-6- 5 44'55'51'F FOR A OZSTAhrE OI" 199.97 FEET TO A DRILL N.OLE FOUh7, N 44'50'05'E FOR A DISTANCE OF 150. 15 FEET TO A 5IB' IRON RCO FMIM IN THE SAID NIGHT OF MAY LINE OF TEXA5 AVFN:,'E' ThoVt,,F• S 45'OO'00'E ALONG EAID RIGHT OF GAY t,INE FOR A Dl'STANCF Of 399. 31 ,EE7 TO T7.'E PC_>N.` or 9EG,7'AgAa.VG CONTAINING 3.966 ACRES OF iAND Doc U Vol ge 00920144 DR 7207 21 EXHIBIT "B" LEGAL DESCRIPTION Field notes of a 0.364 acre tract or parcel of land, lying and being set in the J.E. SCOTT SURVEY, Abstract No. 50, College Station, Brazos County, Texas, and being all of that certain tract (calculated to be 0.364 acre) described in the deed from Richard R. Broach, Jr., to S. Kelly Broach and wife Nancy M. Broach, as recorded in Volume 512, Page 384, of the Deed Records of Brazos County, Texas, and said 0.364 acre tract consisting of all of Lot 11, Block 3 of the Redmond Terrace Subdivision 1st Installment according to the plat recorded in Volume 188, Page 295, of the Deed Records of Brazos County, Texas, and a 10' side strip adjoining the northwest line of said Lot 11, and said 0.364 acre tract being more particularly described as follows; BEGINNING at the 1/2" iron rod found marking the south corner of the beforementioned Lot 11, Block 3, Redmond Terrace Subdivision in the northwest right-of-way line of Redmond Drive (50' wide right-of-way); THENCE N 450 00' 00" W, along the southwest line of the beforementioned 0.364 acre tract, same being the southwest line of said Lot It, at a distance of 150.00 feet, pass a 1/2" iron rod found (bent) marking the west corner of Lot 11, continue on for a total distance of 160.00 feet to a 1/2" iron rod found marking the west comer of the 0.364 acre tract, same being an interior ell comer of the called 3.956 acre tract described in Volume 1376, Page 287, of the Official Records of Brazos County, Texas; THENCE N 450 00' 00" E along the common line between the beforementioned 0.364 acre tract and the beforementioned 3.956 acre tract for a distance of 100.00 feet to a 5/8" iron rod found marking the north corner of the 0.364 acre tract in the southwest right-of-way line of State Hwy. No. 6 (Texas Avenue); THENCE S 450 00' 00" E along the southwest right-of-way line of Texas Avenue for a distance of 135.00 feet to a 1/2" iron rod set at the beginning of a transition curve from Texas Avenue to Redmond Drive, having a radius of 25.00 feet; THENCE Southerly along said transition curve for a arc length of 39.27 feet to the end of this curve, from which a 1/2" iron rod found (bent) bears S 310 47' 52" E - 0.4 feet, the chord bears Due South - 35.36 feet; THENCE S 450 00' 00" W along the northwest right-of-way line of Redmond Drive for a distance of 75.00 feet to the PLACE OF BEGINNING, containing 0.364 acre of land, more or less. EXHIBIT "C" Site Plan 009'�0 44 ':OR 7207 f 72 Doc ek Vol Fs 00920144 OR 7207 23 J C 5 C 0 T T L E A G U E, A 6 5 T R A C T N 0 5 0 O R A Z O S C O U N T Y T F X A S ACCESS EASEMENT OD460 ACRES 2,002 SG. FL. CALLED 3.856 ACRES 14N BRIGHT UGHr CORP. d VOL 1375. PG. 234, B.C.D.R. Bo xcmep W:flY4¢W4 R" / r ca j 3W / CALLED 0.364 ACRES i CONVEYED TO G1(81t PROPERTIES LTD VOL 4D25 PAGE 200, b.C.O.R. NORTH 41i m scmL- 1"w20' m p m W mewl '� WMd/Osel.a#SBrvttgs, ix -5) mus /reeoe�v�Tiwr AoksslaDelswmyNp& EnDlReennRServcas MUST OF ACCESS EASKINIM 18. SCOTT LKAGUR A14TRACT KO, go, COILIAW STATION, BRAZOS COUNTY, T®CAS me 12 �,�E EXHIBIT "D" Access Easement Occ 8k Vol Ps 00920144 OR 7207 24 A Doc Ek Vol Ps 009201"' OR 7207 25 DESCRIPTION OF ACCESS EASEMENT_ A TRACT OR PARCEL LOWANING a0AE0 ACRES CN 2.G02 WMLE FEET OF IAND, CA„ rn Ttl 9E 3N TK J,E SCOTT LEAGUE AEMTRACT NO, 5G. 8RA205 C�LNIY, TOMS DONG IN A CVLEO 395a ACRE T WI W IRAGNI UW CORPORATAN N SOL Im m Owl THE 9RA20S CDUNTI OEM RECORDS WTN SAID 0.0N5o ACRE TRACT BEING MORE PARTICULARLY OESCRMED AS FOLLOWS, DEOiNFRNG AT A 1/2 Wdi IRON R00 FOUND ON TE SOUONFFS MRLHIy FNWT OF WAY UNE OF CALLED 3.95E ACRE Tkw � BEING MOST NO ERMIRMNG LY C�EE OF LY CALLM 0EF OF 36 ACRE TRACT TO TALDWIT PROPERTIES, LTD. IN VOL 10Y6, PG. 200 B,CA.R. THENCE NORFN 39 DEG. 4 MIN, 59 SE:. EAST, ALONG THE COMMOR UNE CF SW 3.95E ANO 0.304 ACRE TRACTS, A DISTANCE OF 53.00 FEU To A MINT FOR A Cf1.WM OCENCE N A NORTHWESTERLY DIRECTION, HANG A CURVE TO THE NIGHT. AAt5N0 A RADIUS OF 53.00 FEET. A CENTRAL ANGLE aF 0 DEG 50 ION. 12 SEC.. A CHORD 3EARM AND OISTANGE OF NORTH OO om 00 MIN. 59 SEC. WEST, M's FEET TO A P06T FOR CORNER. ON THE SWO ODUnIWESFJKY RIGHF OF WAY UNE OF TEXAS AVE, THENCE SOUTH 5o DE,, 1s MIN. 41 SEC. EAST, ALONG SAO RICK OF WAY D+E A DISTANCE OF 4R.00 FEET To TIE PLACE OF eEGwNINO AND CONTAINING 04450 ACRES OR 2,002 SQUARE FEET OF LAND. OF ... .lPi/ryaTes T�t �. ANRE�16IMflOW:N� SONyE MACE RURXOWSq R.P.LS. s10t 1 MTE p PYNCm9e Lav SmrvmaA km. �/ 1Wla RbimeA,wa,+.BMiO FN.W �maaz°az �rAVAFuA+far � WolasahnelSenveY7T�&EnDkraW^++43®^lc� DESCRIPTININ OF ACCESS FA7FENENT AF. SCOTT ESAOM A 38"ACT N0. OO. COLLEGE STATION, USIMM8 COUNTY. TEXAS NO.I OF 14 Houston_1\804622\6 PFNDINl7-PFN DING 12/572005