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HomeMy WebLinkAboutLegal Documents ,il " '\ G:'D~C. 1986 CBD RECIPROCAL PARKING AGREEMENT STATE OF TEXAS S COUNTY OF BRA ~os .s This is an A.grfeE:Hu~nt made this .;it d<1iyof ~'-Y 1986, pyand between SAVERS FEPERALSAVINGS & LOAN, a federal saving~and loan association, hereinafter called "Federal."), and ,,:~~..~. G. D. "S0~NY" tOOK and BRIJCE O. WEAVER d/b/a COLLEGE STATION '-"'~c....,.""..".,.....Ju L T O~, he rei 1'). a f t e r 0 a 11 e d " II i 1 ton " . Recitals WHEREAS, Savers is the owner in fee simple of that c~rtain property deseribe~ as a 4~2000 acre tract or parcel of land known as Lot Seven (7), qndpart of Lot Six (6),' and part of an unplatted lot, Blook ~V~,University Park Subdivision Section II, College Station, Brazos County/Texas, as platted and recorded in Voll4me 5l2, Page 627, Deed Reoords, Brazo.s COl4nty, Texas, and being more partiCl4larly described by metes and bounds as follows: Being a 4. 2000 <1icr~ tractor parcel of land known as Lot 7, '. anCipart of Lot 6, and part of unplatted lot, Block "V", '(,)'1').ive.rsi ty Pi').rk SubdiVision, Section II , College Station ,Brazos County, Texas as platted and rtecorded in Volume 532, Page 827, Deed Reoords,Brazos County, Texas, and being more particularly described as f ol.lows : BEGINNING at a concrete mark at the intersection of the southe~p. side of an alley and the eastern right-of-way of Tarr()W St:J:'eet, said point also marking the north- western mQ~tcorner of Lot 7, lUock V, University Park Section III' TliENCES 88051' 42"Efor a distance of 268. 34' to an iron pipe for q(n angle; THENCES6S000'Ol" E for a distance of 334.27' to an iron. rod for Ct. oi9rner; THENCE S i3C34t~'7:~, E for a distance of 237.30' to an iron rod for an ~ngle; TliENCES 34004'38 ,. E for a distance of 82 .10 I to an iron rod for corn~r; THENCE S 89021'00" W for a distance of 699.05' to an iron rod for corner located on the eastern right-of-way of Ta:rrow Street; 'rHENC;E.: alQng a Cl4t"'\I';e to the right, which is the eastern right-of-way of Tar;rQw Street, with the following data: ,", I,'" \. . chord 84.29, radius 450.00J, and chord bearing N 0029'24" W to a concrete monument for an angle; THENCE N 4D53'03~ E alonl th~ eaqtern right-of-way of Tarrow Street for a distance of 17 .63' to an iron rod for an angle; THENCE N 47036'32" W along the eastern right-of-way of Tarrow Street for a distance of 25.22' to an iron rod for an angle; THENCE N 04D50 '43" along the eastern right-of-way of Tarrow Street for a dLstance of 164.07' to a concrete mark for .~'corner, wnich. is also the POINT OF BEGIN- NING, containing 4.200~ acres more or less. WBERl1JA$, Hilton is the owner in fee simple Qf that property described as Lots Four (4) and Five (5), Block "V", University Park Subq.ivisio1')., Section II , College Station, Brazos County, TeXas, according to plat recorded in VolUme 532, Page 820, Deed Records, Bra~os County, Texas, and being more particularly <:l6scribed as follows, to-wit: All that certain lot, tract or parcel of land lying and beingsitua.ted in Brazos County, Texas, and being Lots Four. (4) ,>:FiVe (5.), Block "V", University Park Phase rI, an ad4iti~n to the City of College Station, Brazos County, Texas, accordi1').gto plat recorded in Volume 532, Pagel320,Oeed Records, Brazos County, Texas. WHEREAS, th~ tracts described above are adjacent tracts to Fed Mart Drive and University Drive in College StatiQ1')., Brazos County, Texas, and Savers and Hilton desire to enter into a reciprocal pa.r~ingand access agreement, considering such agree- mentto be mlJtually b~neficia.l and c<mducive to prudent land use; and WHEREAS, Savers and Hilton desire to provide adequate park- ing facilities~nd proper traffic flow for tne benefit of their customers, tenants, licensees, and invitees, a~ Savers and Hil~o~~esire to adhere as closely as possible to the guidelines and ordinances of the City of COllege StatiOn, both in the letter and the spirit of the law. Agreements NOW ,THEREFORE, in consideration in the mutual agreements nerein contained, the parties covenant and agree for themselves -2'- .., '- \ , and their heirs, sl4ccessors, legal representatives, and assigns as follows: 1 · For purposes of this Agreement, the real property d~scribedabove and owned in fee simple by Savers will be referred to herein as "Savers ~ract", and the real property desoribed above and owned by Hilton will be referred to herein as "Hilton Tract". 2. Sav.rs and all tenants and licensees of Savers Tract or any part thereof and their business invitees, licensees and E!,mployees shall have the right to use, free of chargE!" the areas de~;;ignated as p<1irking areas (which expres$iOn as used herein includes entrances, exi ts, driveways, and walks) on the site plan for the Hilton Tract, in common with Hilton and all tenants and licensees of Hilton Tract or any part thereof and their busines~ invitees, license~s and employees. This right I~ a..ndC3.gree:rne1').t shall also cover, include and extend to such add.itional porticms of Hilton Tract as may from time to time be designated for customer parking by the person in control thereof. 3. Hilton and all tenants and all licensees of Hilton Trac~ or any part thereof, and their business invitees, licens~.e$ and employees shall have the right to use, free of charge, the areas designated as parking areas (which expression as l4sed herein includes entrances, e~its, driveways, and walks) on the site plan for Savers Tract, in common with Savers and all tenants and licensees of Savers 'l'ra9t or any part thereof, and their business invitees, licensees and employees. This right anq. agreement sha.ll cover, include and extend to such additional portions of Savers~ract as may from time to time be designated for customer parking by the p.erson incontro1.t.herecf. -3- I' \, 4. Savers and all tenants and licensees of Savers Tract or any paJt thereof shall have a right~of-way at all t.i:t'nes, in common with the owner of Hilton Tract and all tenants and licensees of Hilton Tract or any part thereof, for motor vehicles and pedestrians, on, over, and ac~oss the property designated as parking areas on HiltQn Tract. The location of such right-of-way may be varied frQm time to time by Hilton so long as it pro- videseasy access to the parking area. 5. Bilton and all tenants and licensees of Hilton Tract or anypa:r:t thereof shall have a right-ai-way at all tirnes,incommon with the owner of Savers Tract and all tenants and licensees of Savers Ttact or any part tbereof, fOr motor vehicles and pedestrians, on, over, and across the prop~rty designated as parking areas of Savers. Tract. The location of such right-of-way may be varied from time to time by Savers so long as it pro- vides easyaocess to thEa parking-area. 6. Eacb party sball maintlin and keep in good repair the ~rking areas and ri9hts-of-way sitl4ated on its prem- ises and shall keep such areas and rights-of-way striped and clear and free of rubbish, vegetation, ice, snow, and obstructions of every nature, and shall provid~adeql.1ate drainage anei lighting thereon. The parking areas and rights-pf-way on both premises shall meet at equal grades and no Qb~tructions shall be erected or permitted upon either premises which will in any way interfere with any rights granted by this Agreem.ent without the prior written consent of the other pa~ty. The striping of the parkin9 places and the dti.veways shall not be changed by eitber party on its preamises wi thout the consent in wri ting of the other party. Each Party shall maint<1iin at all times, ~4- .. .. f . insurance against claims for personal injury or prop- ertydarnage in an amount not less than S200,QOO.OO with respect to any one injury , $Sno, 000. 00 with respect to ~ injuries in aocident, and $50,000.00 any one respect to property damage. All suoh policies shall name both parties as insureds. 7. This Agreement shall continue for a term of ten .(10) years from the date hereof, or so long as both Hilton Tract anqSavers Tract snall baused for one or more retail, hotel, or office establishments, whichever shall be longer~ Nevertheless, in the event that retail, hotel, Or office activities on ei therSavers Tract or Hilton Tract shall cease during the term of this Ag~eement, the owner of the other premises on which retail, hotel, oreffice activities are continued shall have the right to terminate this Agreement upon sixty (60) days written notice to the then owner of the premises on which retail, hotel or office activities have ceased. Temporary cessation of use upon either premises due to fire or other casualty, acts of God, labor dif1iculties, Qr othercause$ beyond the reason- able COntrol of the owne~ and the temporary cessation of use for not more than 120 copsecutive days for the purpose of making alterations or relet.ting shall not be deemed a cessation of Use within the meaning of this paragraph. 8. The easement.s herel"Dy granted, the restrictions hereby imposed, and the agreementshereinco:ntained ,shall be easements, restrictions and covenants running wit~ the land and shall inure to the benefit of, and be binding upon, the parties heretQ and their respective heirs, -5- ,~ successors, legal representatives, and assigns, includ- ing, byt witho~t limitation, all subsequ~nt owners of Savers Tract and of Hilton Tract and all persons claim~ ingund~~ them. WITNESS our hands as of the day and year first above j wr:itten~ G.P . "ONNY"tO d,."'".,.".I."..b....,....I,..".,'.a..,,,., ,.,.c,'.',.'.""..,.,',O,..,..L"""".L,..",.,.E"..,G,."..,E,..,,"." ....,...S,',...'..,......,...A,."..,T. I""',O.',.'.,."".N,, "H.".",I. L,'"T, O,,',.'N, . . d""., .'. / .~~.~. -- L,(-t.1 .J-(fU DeED. WEAVER,' ,".' ,".",~ . d/b/a COLLEGE STATION HILTON .-----,~.. . THE STATE OF .ARI\ANSA$ S COUNTY OF " PJrrA~KI s This instrument was acknowledged before mean this the 28th day of 1n])" ..... .., ...' 1986, bY!?~;trickA, LipPmann ". ..... . , the ~,,'.". ,'".' i~l'il*~x:e~~~ePt.. ,0, f"",.SA. v".",E" RS...,," ,', F. E.",..',P".",E, RA",.,..,.. L".", S, AVI."NGS...&,.,'.,',,',' ",LO..,AN, ASS, DC I, AT. IO,N, ' a77fe era; . savl.ngs and loan association, on behalf of said asso- ciation. Ti!'PE"~ PRINT.. OR STAMP NAME OF~' NOtt'~y'ANO'COMMISS ION EX PI IKAT!6N.~,DATE BELOW 9-44FJ~ ,l..... r:;;}IF~: .... Notary. Public in and for The State of ARKANSAS 'SJ.""',.,.':,.,u",, SaIl'" ~StriI:kl,....,',in, .' Qll0l89~ -" .-- "'~".J ~ "'., ~.' "~ -" THE ,'STATE" 'OF TEXAS S S COUNTY OF HARRIS S nstrument was aCkpowledged before me on this the /'1-i/ , 1/.986, by G. P. "SONNY" LOOK, in the capac-- day ity TYPE,PR:rN~r QRSr-I;Al1P NAl'4E OF NOTARY ANDCOMMISS.ION EX1?IR,ATIONP.A'FEBELOW .-...,.,,, ...6- .k.';'~ . : -.L-"/l;"._~ . >.I..:, ,'.1 b, ,'. . ".'..,,) 1<, .." ,. ~ ' .. THE STA.TEOFTEXAS s s s COUNTY OF HARRIS Thi day of therein was a,ckrlOwleCigedbefQre m~ on t,.ris the 117/ 1986, by BRUCE D. WEAVER, in the capacity TYPE,PBINTOR STAMP NAME OF NOTARY AND COMMISSION EXPIRATION PA.TE.BELOW JOYCE c. RITCHIE NoteryP-.rblic in and for the State of T... My,(:o'mmbsion Expir(l$ June 22, 1988 IK056B 072586 -7....