HomeMy WebLinkAboutLegal Documents
BRAZOS COUNTY ABSTRACT COMPANY
P.O. Box 4704
Bryan, Texas 77.805
(409) 260-9728
Telecopy (409) 779-7979
EFFECTIVE DATE:. May 4, 1994 at 8:00 a.m.
TITLE.REPORT NO. 3834
GF NO. 125984
PROPERTY DESCRIPTION:
Being all that certain lot, tract or parcel of
.land lying and being. situated in Brazos
County, Texas, and being Lot Two (2), RANDALLS
.UNIVERSITY PARK, an addition to the City of
..College Station, Texas, according to plat
.recorded in Volume 1243, page. 539, Official
Records of Brazos County, Texas.
TITLE APPEARS TO BE VESTED IN:
FIRST NATIONAL BANK OF BRYAN
by Deed dated December... 30, 1987 from John C. Culpepper, Jr.,
recorded in Volume 1022, page 163, Official Records of Brazos
County, Texas.
SUBJECT TO:
1. LIENS:
Deed of Trust-dated February..5, 1986,..executed
by John C. Culpepper, Jr. to Samuel R. Nigh,
Trustee for the benefit of First National Bank
of Bryan, Bryan, Texas, in the principal
amount of $1,250,000.00, recorded. in Volume
859, page 245, Official Records of Brazos
County, Texas..
Assignment of Lessor's Interest in Leases from
John C. Culpepper, Jr. to First National Bank
of Bryan, dated February 5, 1986, recorded in
Volume 859, page 254, Official Records of
Brazos County, :Texas.
Financing Statement from John C. Culpepper,.
Jr. to First National Bank of Bran, filed
February 10, 1986, recorded as #9799,
Financing Records of Brazos County., Texas.
~ ~ ..
u 'a
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
Nane of record.
3. OUTSTANDING MINERALS AND/OR ROYALTIES:
Mineral reservation. in Deed from Tenneco
Realty, Inc. to JAC Developers, Inc..., dated
December 1, 198A, recorded..in`Volume 468, page
215, Deed Records of Brazos .County, Texas.
Mineral reservation in Deed from First Bank &
Trust to Culpepper Properties, Inc., dated
December 23, 1983, recorded in Volume 635,
page 771, Official Records of Brazos County,
Texas.
4. OIL & GAS -LEASES:
Oil and Gas Lease from Tenneco Realty, Inc. to
Inco Oil Corp.,, dated- November 20, 1991,
recorded in` Volume 1783, page. 126, Official
Records of Brazos County, Texas; subject 'to
Change of Lease Description., dated January 11,
1993, recorded in Volume 1712, page 283,
Official Records of Brazos County, Texas.
5. RESTRICTIONS: None of record.
6. EASEMENTS:. ..Easements. and building lines as .shown of
.record on plats recorded in Volume 476, page
113, Deed Records of Brazos County, Texas,
Volume 757, page 337, Volume 827., page 13 and
Volume 1243, page 539, Official Records of
.Brazos County, Texas..
Easement Agreement by and between Culpepper
Properties, Inc. and First National Bank of
Bryan, Bryan, Texas., dated January 4, 1988,
recorded in Volume 1022, page 670, Official
Records of Brazos County, Texas.
7. TAXES: To be .forwarded when received.
THLS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING,
EVIDENCED BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED DOES NOT
UNDERTAKE TO GIVE OR EXPRESS ANY OPINION `AS TO THE VALIDITY OF THE
TITLE TO THE PROPERTY ABOVE DESCRIBED, BUT IS SIMPLY REPORTING
2
,_ ~" `
9.
BRIEFLY HEREIN AS TO THE INSTRUMENTS-FOUND OF RECORD-PERTAINING TO
SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS
`TITLE REPORT IS`NEITHER A GUARANTY-NOR WARRANTY OF THE TITLE. BY
ACCEPTANCE OE THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY
CONSIDERATION PAID FOR SAME. WE HAVE NOT MADE ANY EXAMINATION AS
TO PROPERTY TAXES, TAX SUITS, SPECIAL ASSESSMENTS OR CONFLICTS.
BRAZOS COUNTY ABSTRACT .COMPANY
B
.JUNE VAN ETTEN
3
GF No. 125921
C E R T I F I C A T E
THE STATE OF TEXAS §
COUNTY OF BRAZOS' §
BRAZOS COUNTY ABSTRACT COMPANY does hereby certify that we
have examined the records in the office of the Clerkofthe County
Court of Brazos County, ,Texas, affecting the title. to the said
.property described below from. April 14, 1993 to April 18, 1994 at
8:00 a.m.;
Being 9.2750 acres (404,020 sq. ft.) of land in the Richard
Carter Survey., Abstract 8, Brazos County, Texas, being Lot One
(1); RANDALL'S UNIVERSITY PARK.,...an addition. to the City of
College Station, Texas, according to the map or ,plat thereof
recorded in Volume 1243., page...-539 of the Brazos County Deed
Records, with said 9.2750 acres being more.. ,particularly
described'by metes `and bounds on Exhibit "A" attached hereto
and made a part hereof for.. all purposes.
We find no other actions or conveyances. affecting the title to
said land. (specifically excluding any conveyances respecting
mineral estate) from April 14, 1993 except the following items:
Amended Memorandum of Lease from Randall's Properties, Inc.
dba Randall's: Center/University Park to Randall's Food &
Drugs, Inc.,-dated April 13, 1993, recorded in Volume 1768,
page .172, Official Records of Brazos County, Texas.
Deed .from Randall's Properties, Inc. to UIRT/University Park -
L, L.P., dated April 13, 1993, recorded in Volume 1768, page
176, Offcal'Records of Brazos County, Texas.
Deed of Trust dated April 13, 1993, executed by
DIRT/University Park - I, L.P. to Elizabeth Evans Arthur,
Trustee for the benefit of The. Franklin Life Insurance
Company, in the principal amount of $5,100,000.00, recorded in
Volume 1768, page 181, Official Records of Brazos County,
Texas.
Assignment of Lease from UIRT/University Park - L, L.P. to The
Franklin Life Insurance Company, dated_ April 13, 1993,
recorded in Volume 1768, page 196, Official Records of Brazos
County,. Texas.
Abandonment of Assumed Name from Randall's Properties, Inc. to
Randall's Properties, Inc. d/b/a Randall's Center/University
Park, dated. April 13, 1993, recorded in Volume 1768, page 196,
Official Records of Brazos_County, Texas.
Assumed Name from UIRT/University. Park - I, L.P. to Randall's
°Center/University Park, dated April 25, 1993, .recorded in
Voliume 1779,"page 245, Official Records _of Brazos .County,
Texas.
We 'do not. certify as to property taxes.
This .certificate is for informational purposes-only and the
information contained herein shall not be relied on in the issuance
of any title insurance policy. The liability of Brazos County
Abstract Company in this connection is limited to $125.00, being
the. charge made for this.°certificate.
WITNESS OUR HAND at College Station, Texas, this the 5th day
of May, 1994,. at 8:00 a.m.
BRAZOS COUNTY ABSTRACT COMPANY
~~~~~
B .
E VAN ETTEN
2
r nt~i~ i.t~t~FEP, kE~D, MARK, N[CCxPAW , ~ n. ~ ~:~:, I ~'i, ~°~-i l Cl ~~,'~~, i L _ '!1t~, ~ at>~}~~~ l c r ~,;',
~1
r ,
Du'N,ER POLICY OF TITLE INSURANCE
44 0324 X00 7579
~kI~A4.~~ '~~~'~,E II~S~LT~:~.~~E C~~VIP~N~~ ~ 1.
~,,
SLJBJE~T TO THE EXCI•rUSIONS FRdI~i Ct~v~RI~GE, THE E~~~P'I'I(]I~IS Q1~rI CCVER,4G)~
CONTAINEr] IN S~HEAUI.)~ S AND TAE CC7NDITIONS ~-ItTD S'I'IPfJT..ATI~?NS, Chieaga 'Title
Insurance Company, a T'~issauri corporation,herein- called the Company, insures; as of Date of Policy shown
in Schedule.4, against]oss ardamage, notexceedxng the Amount of Insurance scaled iTt Schedule A;sustained
or incurred by the insured ley reason of: ,
1. Title to tkie estate or interest describes in Schedule A being vested Other Chart ~s slated thereirr; `
~' Z. Any defect in or }iert or cncurrtbrartce an the title; ~ '
f;
I'~ 3. Any statutory ar canstltutiozlal mechanic's, contractor's, or maCerialman"s lien for labor or materfal '
IYaving its inceptio~t an or before Date of l?~o)iey,
~. ~ 4. I~acl~ of a right of access to az~d fi~oro the land; ~ '
,; ,
i
~~I 5. Lack of a good and indefeasible title.
i ,
II~~ ~e Company also will :pay tkte costs,. atCOrneys' fees and c~penses incurred in defense a~ the title, as
insured, buC only to the extent prgvzded in the Conditions and. Stipulations.
In Wirrress Hereof, CHIC.~;GO 'a"ITLE IN3URANCI~ ~pMPA,N3~ teas caused thi
olio t e u
S
017 B eC ted
Y X
.
b
ats ~r~si e
d nt under dte seal of the
Y Crnx, a Uuc chts of c
~ t
x rs o ev w
p Y, p y b alid only hen ,t bears an aurhanzed
countersignature, as Qf the date ser forth irr Schedule. A.
l
ISSUED By:
I ,
~ CHFCAGO TITLE fNSUl~ADfC1r C~M~'ANY
CHARTER TITLE ~OMP~NY ,
+265 San Felipe, S~.ute 350
Haus~ton, Texas 77027 ,~:~'
(71~} 8`71-97Q~ /
~'i~EC2~4 rts~ ln~;~rance ~ampany
~ ~ t'rrsid~n[.
~I
rc-utFiQrzed Signatory
~ ,
. ` Sccrctary. ~
l J i ~•
. EF~~71vi L~~t EFi, F~E.ED, MAFK, M~~~TPAW FSI 1 ~~~, I Q' ~~~+ ~i . -I,a Si, l U . _~ 'N~7. ~5t~~~~?-~~ l ~~ F ~;~
~ '
SCNEDULE~A ~ ~ ~ '
GF No. orFtle No.f ~~0~50324 ~ Owrrior Pq~c~- No.: 44.0324 700 X579
[3ate of Poticyc April 14, 7 993'
~ Amount of Insurance: ~6,6~7,5O0.t?0 --
~ 'i . Name of In$ured~ U'ZRT/UNI~tERSITY PAR~€! - I, L. P . ~ '
~. The estate ar interest in tha lend that is ca er~~ by this policy ir: ~ '
FEE SIM~LE~
3. lifts to the estate or interest in-.the k~rrd i~ irts;Yad ~ rested in:
.
UIRT~L)NIVER~ITY PARR _ -- I , L, P .":
4. The Israd referred to Ire this potter is dascrtbed as follows:
Being x.275.0 amazes of land in the lxichar~i Carter Survey,
Abstract 8, Brazos County, Texas and Ixeinq Lot t?rte ('1) ,
RANDAI~L ~ 8 UNIVERSITY P~iRFC, an addition , to the City of
Colle~'e~Skatdn, Texoe, according to .plat Xecarcled in
j Volume 12.4, Page. 53~, Official ~ Records of Brazr~c Cr~unty,
Texas. laid ~.27sd acre tract being. more particularly
j described an Exhibit "A" atteched hereto and made a part
hereof. ,
YJ~TE : TIDE COI~2~N3C DOE$ NOT REPR~sEN'r THPiT THE ABOVE ~iCRE~kGE
CR SS~~JARF F4~TAGE CALCULATYQNS ARE CORRECT.
i
'i
'~
I
CHTCAG4 TITLE INStJI~iNCE CQRPC~RA?lON
Countietrsigned:
. CHARTER TITI.I COMPAMX. Chica~Cs Ttt¢ tns;.~rar~ce Corgi a
P ~
~rr'~"
~'ht~M L~~~rEr~,-NEED, MARK; M(,CrPAW tF~I' ~~a, 10' f,~ 10 ; ~~ 1- ~~.: U , ~~,'~;~), ~~~E~0~4~ f ~`~ P ~i S
' - C~,F No. or File N'o.: 920503
Owner Paiicy Nv.: 44 0324 i 00 7579 ,
...SCHEDULE B '
EXCEPTIONS FROM COVERAGE
This por~eX dolls not insure against loss ar damage {rand the CompanX mill not pay oasts, .
attorney's fees or expensesf that ~riSB by reason of tl7e tarns ~onditians of the ieages
ar ee$~amants insured, if ~rnr. shown in Scl'~dule A and the folt4winQ matters: ,~
Any, ~ahorta®es iin ir+aa 37G'~7r
3. MQmes~COSd or cammur~ity property or survivorship Irighte, if any, of arty: spauss of any
insured. '
4. Any' titles ~-r fights asse~tdd by anyone, inciudir~~, I~ut not. Tirrtited ta, persons, the public
co~porations,`gaverrnments or other entities, ~,
a. to,tidetands, or lands camprisinQ the shores or hods cif navigabie ~ perer~i rivers
and str~aams, istres,: h s, xt(fa or oc~aens,` or
b. to tends be Drill line of the harbor or buikhead lina~, as~ estabtish~ed or
Y
changed by any go~rsrnrrtent, or
c.' tai filled~in lands, or artificial - tslaruis or
' d. to, et$tutory ~at~ar rig'hts,'i~tctt~di~lg ragarien rights ar
e.'' to the area extending frarn the. iirre of mean bwr tide to he Line of veget~atiOn, yr '
the. right- of access to than arse or easement along and- gcrass that area.
5. Standby fees, taxes and assessments by any texin~ authority for the year 1593. -and
subse uerrt ears, and subse uant taxes and'assessments b sn toxin autiharit
Y 9 Y Y 9 y
for prior"years due to change'in land usage ar ownership. '
~~,
II 6. The foliawing matter end aY .terms of the documents creating ar offering evidence
of the mat't~ers (The Company R'tust insert'' mattes or delete this exception.):..
l
Vendar~s lien retained fn deed dated A ril 13 1993 fi~.ed far
P , ~
record on hparil 14, 1993, under County Clezk~~ F#.1e Nv.' 518057
fn the official Public Records of Real Property ~in HRAZOs
' Counter, 'Fes~as, exeCUted by RANDALL~B PRCP'EF~TrES, INC. to
LTI1~1'/CTNITr'niSITY PARK - I LAP. ' eecuring the payment of are
certain promissory nc-te of even 'date ttxere~ith fn the .principal
Cantinue~d on n+~3ct. pale
CHICAGO TITLE INSURANCE C(1RPORATIOIY
,~
Cauntersignad: ~ ' Chi~eg~ r~~e f~sc~r~nce Company
CHARTER TITLE COMPANY
f~
FPOM I,~~~~)FE13,` HEED, MARK, MCGnAV~ (r liI) 0~;. I ~]' c~~ 10 ; ~~,~ ~T: 11. ~„ Kv, ~S~iJ?=1~ l ~~ F (/
y ~ ~~' No. or File ~ : X2050324
owner Policy Na.: 44 G~24 1QG 7~i79'
. Continuation of Ow~iser}'s ~'itla Policy Schedule 5
CHICAGt3 TITLE INSURANCE CORPORA'Y'tON '
CCNTINUl!~TICN QF SC'fiED'[~,E $, tiUMBF.~Z 5:
amount-of $5,500, 000. Q8 payaY~le to the order of THE FRANKLIN
.LIFE INSURANCR ~G~IP~,NX as therein pravid~d. Said hots being
additionally. secx~re$ ~by ~ Deed of Trust of evert date tharevith `-
to ELIZ~ASETH EDANS ARTHUR, Trustee, ~ filed for rr~cord ot~ Ap7rf.1
X4, x.993 ~ under County Clerl~'s File. No. 518058 in the official
Public Records of dal Pxoperty in B~-ZOS Cotu~ty, Texas ~ '
Additionally secured by A~siynmcr-t of Lease filed for record
under County ~ler7c~s File ~To. 51805.9 in the official PuY~Iic
Recorda of Re2c1 Praparty cf BRAZt1S County, Texas.
7. Easements aria tuixdir-g zine~ as s~xown o~f <record on gl2['~ of
Rart$all's Utiiversitiy' Park, recorded ira Volume 1243, Page 539,
official Public Records of Brazos County, Texas.
8. Easemntt A~rrcement fr+dm.Culpepper Properties, inc. et al to
First National. Sank of Brygn, dated January`4, 19.88, recorded fn
Volume 1t]Z2, Rage G7~}, Cffici~il Public Records of Brazos
9. Temporary Blanket Utility Easement from RandaYl's Properties,
Irtc. ' to the City of . Co17:ege ~t~itiori, dated. ~tovember XX, 1991,
recorded in Volume 1371, Page 54, gfficial~Recoards of Brazos
.County,.. Texas.
XO. Fifteen foot 3anita'ry Seorer Easement from Tenneco ~tealty,' Inc..
to The Citry of Cc+ll~age Station, dated July 18, 197'8, r~coXded ~.n
Volume 4OZ,'Page 28.5, Deed Records of Brazos County, Texas, and
as showrY of record on Flat of Randall~s University Park,,
recorded in VoYume' 124, Page: 539, Official Publ~.c Recarals Qf
Brazos Count~r,_ Teas:
~11. Mineral reservation in Deed from Tenneco Realty, Inc. to JpiG
beve.lapers,~Inc. dated December. 1, 1980, recorded in Va]ume
488,, Page 215, Deed Records of Brazos Cvuxaty, Texas. Title to
this resex'vat~.on has tit-t 'been 'inves~fgated ~sub,sequeht to date
thereof. Ti~aiver of surface r~.ghts contazted therein.
12. Mineral reservatiart in Deed from First Bank & Trust to ~.'ulgepper
~ropertie~, Inc..,.dat~d December 23, 1983, recorded in Va].ume
5~5,'Page 77i, official Recordsaf Brazos ..County, Texas. Title
to this reservation has not beery investigated sul~s~quent'tc date
thereof . Waiver of surface rights. .contained therein.
' 13. Attended Memorandum of Lease fXOt~"~.2artdall~s Properties,- Inc. doing
business an Randall'ec Center/[Tniversity Park to Randall's ~`oed ~
Drugs, Irtc.. dated April 13, 1993, 'recorded urxder.~ County Clerkrs
Cont~.nued on ,next gage
~~_
4
'~ ~~,~{~ LL~~ }},,~~{{/+V/ II.. n
. ..~vl L1~~1 i. ill, .?Li: Lf,~Vt/.1.11 ~, jVI.L'1r111~¢~'. ^i. ~ ~. , _ _ _ ~ _! ~_ ,\V~ ill .1 `1; _ i iii, ~'1
Gff NG. Or ~'fLe ~.: SZU5O324
Owneez Policy Na.s 44 4324 100 '579
Continuation t~~ OwYier~s: ~f~la Policy Schedule B
CHI~,GO TITLE INSLIRAN'CE CORPORATION
F~.e No. 518056 in the O~fioiaT Public RaCards of Real Property ,
in Brazos Cattnty, T~xa~,
14. Rights o~ tenants in pos~es~forx u~d~r any unrecorded l~~s~ a]C ~~_
rental. agxeemen.ts,
I
-3-
f
f >
.AGREEMENT PERTAINING TO ACCESS
AND .STORM SEWER EASEMENTS AND DETENTION POND
RELATING TO LOTS 1 AND 2 OF THE PLAIT OF
RANDALL'S UNIVERSITY PARR, 16.554 ACRES,
RICHARD CARTER LEAGUE, A-8,
COLLEGE STATION, BRAZOS COUNTY, TEXAS
THE STATE. OF TEXAS §
COUNTY OF BRAZOS
This .agreement (the'"Agreement") is made and entered into effective as of this the
day of , 1994, by and between UIRT/University Park-I, L.P., a
Texas limited:, partnership, :whose business address is 5847 San Felipe, Suite 850, Houston,
Texas 77057 ("UIRT') and :FIRST NATIONAL BANK OF BRYAN, a Banking corporation,
having their offices at 2807 Texas. Avenue South, Bryan, Texas 77802 ("Bank").
WITNESSETH:
WHEREAS, UIRT is the owner of ascertain parcel of real property located in Brazos
County, Texas, and being Lot 1 of the Replat of Randall's :University .Park .:subdivision,
16.5549 acres,. a subdivision in the City of College Station, Texas, according to .the plat
recorded in Volume ,Page of the Official Records of Brazos County,
Texas (the "UIRT Property") upon which property, UIRT is operating 'a retail shopping.
center ("Randall's Center/University Park") and
WHEREAS, the Bank is he .owner Of that certain parcel of real property located in
Brazos County, Texas, being Lot 2 of the Replat of Randall's University Park subdivision,
16.5549 acres, a subdivision in the City of College Station, Texas, .according. to the. plat
.recorded in Volume ,Page of the Official Records. of Brazos County, Texas
(the "Bank Property") which property is unoccupied as of this date; and
.~ .~
WHEREAS, the Bank has held. an easement and right-of--way along the south and
west property lines of the Bank Property and across. the .DIRT Property exiting onto
University Drive as more. fully described in the .Easement Agreement dated January 14,
1988, recorded in Volume 1022, page 670-676 of the Official Records of Brazos County,
Texas {the "Bank Easement"); and
WHEREAS, the parties have agreed to the re-plat of the University Park subdivision,
which. is the plat ("Plat") and replat ("Replat") of Randall's University Park subdivision,
mentioned above,. and have designated certain private. access :easements. over .and across
their properties extending. to and from Arguello Drive to University Drive and Tarrow
Drive, and further do desire to enter into this Agreement in order to grant to each other
certain limited reciprocal easements into, over .and across the DIRT Property and: the Bank
Property .and to keep in tact those certain private. access easements as .designated 'on said
Replat of Randall's University Park. subdivision, unrestricted and in existence until DIRT,
UIRT's successors or assigns, and Bank, Bank's successors or assigns, mutually agree in
writing to terminate, amend or modify their existence otherwise; and
WHEREAS, the parties .hereto desire to enter into certain agreements with each
other with regard to the use of that certain portion of the private 15 foot storm sewer
drainage easement located on he UIRT Property, as described in Exhibit "A" and shown
on Exhibit "B," and that portion of such easement crossing the southwest corner: of the Bank
Property as described on Exhibit "C" and shown on Exhibit "D." (Such Exhibits being
attached hereto and made a part hereof (herein referred to as the "Storm Sewer Easement")
2
°, ~
and the storm sewer 36" line located in the Storm Sewer Easement (herein called the "Storm
Sewer. Line").
NOW, THEREFORE, in .consideration. of the mutual covenants and .agreements
contained in this agreement and for the mutual benefits which shall be derived by the
parties hereto and for other good and valuable. consideration, UIRT and Bank hereby agree
as follows:
I.
GRANT OF RECIPROCAL ACCESS. EASEMENTS
1.1 Definition.. With regard to the grant of reciprocal easements herein, each
reference to .the following terms .shall mean:
a. Motor Vehicle. Motor vehicles contain two axles or less and used primarily
for transportation of people..
b. Occupants. Any person or persons from time to time entitled o use or
occupancy of any portion of the improvements .constructed or to be
constructed on the UIRT Property or on the Bank .Property, pursuant to any
- lease, icense or concession agreement or other instrument or arrangement
-under which the:. person or persons .acquires. the right or use of occupancy.
Occupants shall include the officers, directors, employees, agents and
independent contractors mf such persons {the "Occupants").
c. Person or Persons. Individuals, Partnerships, Firms, Associations,
.:Corporations, trusts, Governmental Agencies, Administrative Tribunals, Joint
Ventures or Any Other Form of business or Legal Entity.
3
„* ~ ' )
d. Property or Properties. Either the Bank Property or the DIRT Property or
both the Bank and UIR'lC Properties.
e. Users. All. persons granted permission to utilize the easements. granted
herein, including without limitation, Occupants of the DIRT Property and/or
the Bank Property, :respectively, and any lessees, sublessees, tenants and
concessionaires of Occupants, and all of their employees, service people,
licensees, invitees, customers, owners, contractors, agents, their successors or
assigns, .including their motor vehicles (the "Users").
1.2 Bank Recipro~al..Easement.Purposes, The "23 foot private access easement;'
"25 foot private access easement;' and the "30 foot private access easement," as hereinafter
defined (hereinafter sometimes collectively referred to as the "Access Easements"), ocated
on the :UIRT Property, shall be .used on anon-exclusive. basis by Bank, Bank's Users or
Occupants only for the following purposes related to the business and activities conducted
in and on the 'Bank Property:
Motor Vehicle, Occupants and Users ingress and egress, to and from Bank Property,
over, upon and across the Access Easements, as they now exist or will exist on the. UIRT
Property, subject to future changes by UIRT of the location or configuration of. such
property and excluding any parking areas. on the UIRT Property. Provided,. however, any
provision contained herein to the contfary notwithstanding, it is understood and agreed that
the 23 foot private access easement on the UIRT Property. providing access. to and from
..University Drive o Bank Property with an entrance on University Drive being
approximately 166.39' from Tarrow Drive, and being designated on the Randall's University
Park Replat recorded in Volume ,Page of the Official Records of Brazos
4
County, Texas, as a "23 foot private access easement" extending from said University Drive
northwest to said Bank Property, and the driveways adjacent to the Bank's Property and on
UIRT's Property, being a part of the "25 foot private access easement" and the "30 foot
private access. easement" :providing access to and .from Tarrow Drive and Arguello Drive,
as shown on said Replat, shall not be changed, modified, moved, removed or obstructed,
:without the prior written consent of the Bank or its .successors or assigns, and the
appropriate :authority of the City of College Station, Texas..
1.3 UIRT Reciprocal Easement Purposes. The Access Easements located on the
Bank Property shall be used on a non-exclusive basis by -DIRT, LTIRT's Users or Occupants,
only for the following purposes related to business and activities conducted in and on the
DIRT Property:
.Motor Vehicle, Occupants and' Users ingress and egress to and from DIRT Property,
-over, upon and :across the Access .Easements,. as they now .exist or will exist -upon
development on the Bank Property,. subject to future changes by Bank of the location or
configuration of such property and excluding any parking areas on the Bank Property.
Provided however, arly provision contained herein to the contrary notwithstanding, it is
understood and agreed that the :driveways adjacent to and on the Bank Property providing
access to and from Tarrow Drive .and Arguello Drive as shown on he Replat of Randall's
.University Park recorded in Volume ,Page of the Official Records of Brazos
County, .Texas, as "25 foot private access easement" and "30 foot. private access easement,"
respectively, shall not be modified, changed, moved, removed or obstructed without-the prior
written consent of DIRT or its uccessors or assigns, and the appropriate authority of the
City of College Station, Texas.
5
1.4 Grant of Reciprocal Easements. Subject to conditions of this agreement:
a. UIRT hereby grants and conveys to Bank for the benefit of the Bank
Property and for the use and benefit. of the Bank, its successors and assigns,
Users and Occupants of the Bank Property, the non-exclusive right and
privilege and surface easement to enter upon, ..have access to, travel over,
across_ and upon and use that portion of the UIRT Property contained within
the Access Easements, solely for the purposes described in Paragraph 1.2
above, in common with UIRT, UIRT's successors, assigns, Users and
Occupants.
b. Bank hereby grants and conveys to DIRT for the benefit of the DIRT
Property :and for the use. and benefit of UIRT, its successors and assigns,
Users and Occupants of the UIRT Property, the non-exclusive right and
privilege: and surface .easement. to enter upon, have access to, travel over,
across and upon and use that portion of the Bank Property contained within
.the Access Easements solely for: the purposes described in Paragraph 1.3
- above, in common with Bank, Bank's successors,. assigns, Users and
Occupants.
1.5 -:Conditions .Precedent. The grant of the reciprocal Access Easements as
defined. in this Agreement shall be superior to any purchase money, interim construction or
permanent financing loan documents, including the mortgage, deed of trust lien, and security
agreement against the properties of either DIRT and/or Bank, their successors and assigns.
1,6 Relinquishment of Previous Easement and Maintenance of Access Easements..
It is hereby agreed that the Bank hereby: relinquishes and terminates that portion of Bank
6
Easement commencing on the south property line of the Bank Property and. extending .across
DIRT Property to University Drive as provided in that certain easement Agreement dated
January 14, 1988, and recorded in Volume 1022,.Page 670-676 of the Official Records of
Brazos County, Texas, as well as the 23 foot private access easement appearing on the
original Plat of the UIRT Property, recorded in Volume 1243, Page 539 of the Official
Public-Records of Real Property of Brazos County, Texas. Provided further, UIRT, UIRT's
successors and assigns, hereby agree to maintain and pay the costs for maintenance and
repair of the 23 foot private .access easement lying and being situated on, over and across
DIRT Property extending from the Bank Property over and across DIRT Property to
University Drive as shown on the Replat and designated thereon as a 23 foot Private Access
Easement.. DIRT shall maintain. and pay the .costs for maintenance and repair of those
private access-easements adjacent and contiguous to the boundary line of the Bank Property
exiting onto Arguello Drive and Tarrow 'Drive, all as shown on the Replat designated
thereon-as a 25 foot Private Access Easement and a 30 foot Private Access Easement until
such time as .Bank and/or Bank's successors. or assigns have developed the Bank Property...
Thereafter, Bank or Bunk's successors- or assigns shall maintain .and pay the costs for
maintenance and repair of that part and portion of the Access Easements lying and being
situated within the boundaries of the Bank's Property and DIRT shall maintain and pay the
costs for maintenance and repair of that part and portion of the Access Easements lying and
being situated within the boundaries of the UIRT Property.
7
IL
STORM SEWER EASEMENT
2.i Use of DIRT Storm Sewer Easement and Detention Pond. UIRT hereby
grants and assigns to the .Bank for the benefit of the :Bank Property and for the use and
benefit of the Bank, Bank's successors and assigns, Users and Occupants, the non-exclusive
right, .privilege and easement to connect into and/or tap into the Storm Sewer Easement
and Storm Sewer Line now existing and designated on UIRT Property for .the benefit of the
Bank, Bank's .successors, assigns, Users and Occupants, fore the .purposes of draining surface.
and drainage water,from and off of the Bank Property, under, through and across: the UIRT
Property by virtue of the Storm Sewer Easement and Storm Sewer Line into that certain
detention pond located on UIRT. Property, and UIRT hereby grants and assigns to the Bank
for the. benefit of he Bank Property and for the use and `benefit of the Bank, Bank's
successors and assigns, Users and Occupants, the non-exclusive right and privilege to the use
of Ghat certain detention pond located on UIRT Property for the purposes of draining.
surface and drainage water from and off of the Bank Property to said detention pond only
through the Storm. Sewer. Line and .Storm Sewer Easement. It is-understood that the
purpose of grantingsaid easement is to permit the use of the Storm Sewer Easement and
Storm .Sewer Line, but not to permit: surface drainage. from the Bank Property across the
surface of the UIRT Property,. UIRT,. UIRT's successors and .assigns, shall be responsible
for the maintenance and repair of the Storm Sewer Easement, Storm Sewer Line (including
the portion thereof located on the-Bank Property) :and detention pond, but cost of such
maintenance and repair shall be borne proportionately by UIRT and the Bank and their
respective successors and :assigns, Each party's proportionate share shall be .determined: by
8
multiplying such costs and/or expenses by a fraction whose denominator is .the total square
footage of the Properties and numerator is the total. square footage of each party's Property.
Provided, however, UIRT, UIRT's successors and assigns, shall give Bank, Bank's successors
and assigns, written notice of the repairs to be made and/or maintenance required
pertaining to ;the Storm Sewer Easement, Storm Sewer Line and detention pond, and a good
faith estimate of the. cost of such repair and/or maintenance,. at least twenty (20) days prior
to the .commencement of uch repair and/or maintenance.. Should there be emergency
circumstances requiring immediate repair and/or maintenance of any of said items in order
to prevent undue damage thereto or to the Properties and/or injury to persons or property
of third parties, then such prior written notice to Bank shall be waived. Such costs and/or
expenses of repair and/or maintenance in any case shall be .paid within thirty (30) days from
receipt of UIRT's written itemized statement as to the repairs and maintenance performed
and costs and. expenses paid for each :item. Provided further,. in the event that necessary
repairs and maintenance. are not performed and/or completed by UIRT within a reasonable
period of time,: then-Bank, at Bank's option, upon the expiration of fifteen (15) days written
notice requesting that repairs be commenced by UIRT,.Bank, Bank's successors and assigns,
may perform such repairs and/or maintenance only .upon Bank's obtaining the concurrence
from UIRT's engineers that such-repairs or maintenance is required and any such work must
be supervised (at UIRT's sole expense) and approved by UIRT's engineers, .not to be
unreasonably withheld, conditioned or delayed, :The Bank, Bank's successors and assigns,
shalLhave the right'to collect the costs and expenses of the same from UIRT, in accordance
with the same formula. as utilized to allocate such costs had UIRT performed such work,
and UIRT, UIRT's successors ..and assigns, shall pay such proportionate share of the costs
9
within thirty (30) days of receipt of Bank's written itemized statement reflecting the cost and
expense of each item paid. Any provision contained herein to the. contrary notwithstanding,.
it is specifically understood and agreed, that. neither UIRT, UIRT's successors and assigns,
nor Bank, Bank's successors and assigns, shall have the right or authority to obstruct, close,
remove, change the ocaton of, or prohibit he use of the Storm Sewer Easement, the Storm
Sewer Line, and/or the detention pond. by Bank, Bank's successors and assigns, Users and
Occupants of the Bank Property, or by UIRT,. UIRT's successors and assigns,. Users or
Occupants of UIRT Property, without the express written consent of the other party.
2.2 Use. of Bank Utility Easement.. Bank hereby grants and assigns to UIRT for
the benefit of the UIRT Property and for the use and benefit of UIRT, UIRT's successors
and assigns, Users and Occupants, the non-exclusive. right, privilege and easement to that
portion of .the .Storm Sewer Easement and Storm Sewer Line now existing and designated
on Bank'Property for the benefit of UIRT, UIRT's successors, assigns, Users and Occupants
of the DIRT Property, for purposes of draining surface and drainage water from and off of
the UIRT Property, under, over, through and across Bank Property'by virtue of the Storm
Sewer Easement and Storm Sewer Line into that certain detention pond located on UIRT
Property. Provided,-however, it is understood and agreed that the purpose for granting said
easement is to permit the use of the Storm Sewer Easement-and Storm Sewer Line but not
to permit surface .drainage from the UIRT Property .across the surface of the Bank's
Property, except in connection with surface drainage naturally flowing directly to the drain
located on Bank's Property..
10
III.
DURATION
3.1 The right to use and exercise the rights, easements, authorities herein
contained, conveyed and reserved shall run with the Properties and inure to and be for the
benefit of the Bank and UIRT respectively, their heirs, .successors and assigns, Users,
Occupants, tenants, subtenants, licensees, mortgagees in possession, customers andbusiness
invitees of such persons.
IV.
MISCELLANEOUS
4.1 Reservation of Rights. Both.-UIRT and Bank hereby reserve the right to
remove and to eject from their respective Property, any person or motor vehicle not.
authorized to use the same or using he same in an unsafe manner, or in any manner which
interferes with the use contemplated `in Article I of this Agreement.
4.2 Rules.: and Regulations. Bank and UIRT .shall have ,the right to -enact
reasonable rules concerning the. conduct and operation of the driveways, parking areas, exits
and entrances and other common areas situated on their respective Properties, so long as
such rules do not prohibit or unreasonably restrict Bank and/or UIRT, their Occupants and
Users, from the purposes. and intended use of the same as contemplated by this Agreement.
4.3 The rights, easements and privileges createdand granted hereundershall be
appurtenant and shall run with the land as between the Properties of both UIRT and Bank,
their successors and assgns...Nothng herein contained shall be deemed to be a gift or
.dedication of any .portion of -the UIRT ..Property or of the Bank Property to the general.
11
public, or for any public purpose, it being 'the intention of the parties that this Agreement
shall be strictly limited to and for the purposes herein expressed.
4.4 In addition to all of the rights and remedies. at law or in equity, any party
hereto may seek and obtain injunctive relief to enforce,. protect, and preserve the rights and
easements herein created and granted, and to prevent or enjoin violations or threaten
violations of this Agreement.
4.5 .Neither anything contained in this Agreement, nor any act of any party shall
be deemed or construed by the .parties, or either of them, or by any third person, to create
the relationship. of principal and agent, partnership or joint venture, or of any .association
between or among the parties. Both parties acknowledge. and .agree that neither party has
any advantage over the other party in the negotiation of this Agreement, or under the
provisions of this Agreement, and that. there is no fiduciary or special relationship between
the parties.
4.6 This Agreement shall be binding and inure to the benefit of each of the
parties hereto and their respective heirs, successors and assigns of the parties to any person
claiming by, through or under any of the parties or their heirs, successors and assigns. Upon
the conveyance of the Bank Property or DIRT Property °by the then owner thereof, such
conveying owner shall not have any liability-for the breach of or default in any covenant or
.obligation hereunder occurring .after. the date of such conveyance; provided however, such
conveyance shall not release or discharge such conveying owner from liability for breaches
or defaults :occurring prior to the. date of any such conveyance.
4.7 The .easements and .privileges granted herein are conveyed and accepted
subject to any and all conditions and restrictions of this Agreement and are subject aid any
12
encumbrances and restrictions relating to the Bank Property and the DIRT. Property to the
extent, and only to the extent, that the same. may still be in force and effect and shown of
record in the Office of the County Clerk of Brazos County, Texas.
V.
..APPROVAL OF LIENHOLDER
5.1 The undersigned Lienholder who holds a lien on the UIRT Property joins in
the. execution hereof to evidence its .consent and ratification of this Agreement.
VI.
APPROVAL OF TENANT
6.1 .The undersigned Tenant, Randall's Food & Drugs, Inc., a Delaware
corporation, successor- by merger of Randall's Food & Drugs, Inc., a Texas corporation,
holds an exclusive leasehold estate on a portion of the TJIRT Property and anon-exclusive
leasehold interest in the common area of the DIRT Property, and joins in the execution
hereof to evidence. its consent and ratification of this Agreement.,
EXECUTED this the ~~5 ~ day of , 1994.
DIRT/UNIVERSITY PARK-I, L.P., a
Texas limited partnership
By; DIRT-University Park, Inc., a
Texts cq~pgxa~ign, general .partner
Kenneth McCaw, .President
13
',,
FIRST NATIONAL BANK OF BRYAN
By:
William D. Barkl i n
II
THE FRANKLIN LIFE INSURANCE
COMPANY
Bye -
James R. Todd _
Tr e: vice President
LIENHOLDEI~
~,~...
. e....
':~/ 00..9 .....°o.,
®~s~YPrz~c. e ~~~t
RANDALL'S ,INC.
J e R. Rollins
.ice President
TENANT
14
THE STATE OF TEXAS S
~Q~ S
COUNTY OF ~~~i~,,.~ S
This instrument was acknowledged before me on this the ~1s'~ day of 994, by
KENNETH MCGAW, President of UIRT-University Park, Inc., a Texas corporation, general partner n behalf
of said corporation and in the capacity therein stated.
~~r a~~
~~,....~.. ~~~, ~ ~.'. ANGELO
. ~ ~ • ~ state of Texas of Public in an forte
,, , makes npr. s, is91 State of Texas ,t'
.,
,~
~~~
SANDRA SHOWMAN
THE STATE OF TEXAS S .Notary Public -State r,9 Tex>q
§ Commisaton Expires: <<3ro41'9T
COUNTY OF BRAZOS S
.This instrument was acknowledged before me on this the ~ ~' day of ~~~'~. (.,(~ ., 1994, by
WILLIAM. D. BARKLEY, President of .FIRST NATIONAL BANK OF BRYAN, a Banking corporation, on
behalf of said corporation and in the capacity therein stated.
STATE OF ILLINOIS } Notary Public in and for the
} ss State of Texas
COUNTY OF SANGAMON}
I, the undersigned, a Notary Public, in and for the County and
State aforesaid, D0 HEREBY CERTIFY that JAMES R. TODD. personally
known to me to be the Vice President of THE FRANKLIN LIFE INSURANCE
COMPANY, an Illinois corporation, and ELIZABETH E. ARTHUR
personally known. to me to be the Assistant Secretary. of said
corporation, and personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged that as such Vice
President and Assistant Secretary, they signed and delivered the said
instrument. as Vice President and Assistant Secretary of said
corporation, and. caused the corporate seal of said corporation to be
affixed thereto, pursuant to authority, given by the Board of
Directors of said corporation as their free and voluntary act, and as
the free and voluntary act and deed of said. corporation, for the uses
and purposes therein set forth.
GIVEN under m d officialseal this 22nd day of February,
O~~iCif~L cEAL
S~I~I.L'~'~ ' ~, ~~~~
NOTARY PUnLiC STATE. OF ILLINOIS
My Commission Expires September 23, 1994 Sh ~le S. Carlen, Notary Pub11C
My Co ~~~~
September 23, 1994
~7 ~ 7~; y MY COMMISSION EXPIRES l i~v~cu~ uVLL~.... was .v`~v
(l yj~lU~i ~- NOV 5, 1995 State of exas .J
Cllgsttn\Sak\Aacec~9A l .~o~t
~~
.a F r °.
~,
II After: Recording,
Return to;
!~ Lew W. Harpold
Looper, Reed,. Mark & McGraw
9 Greenway Plaza, Suite 1717•.
Houston,. Texas 7704b
[Space above line for Recorder's Use]
THE STATE OF TEXAS §
§
COUNTY OF §
RELEASE: OF TEMPORARY BLANKET UTILITY EASEMENT
I
For good and valuable consideration, receipt ofwhich is hereby acknowledged,
CITY OF COLLEGE STATION, TEXAS,. has abandoned, released, and discharged and does
abandon, release and discharge that easement granted to CITY of COLLEGE STATION,
~, TEXAS,: by RANDALL'S PROPERTIES, INC., in an instrument dated November 11, 199.1, and
recorded. in Volume 1371, page S4, Official Records of Brazos County, Texas.
NOV En+ ~ e
'~ Executed this 10 day of.Agay, 1994.
City.. of College Station
By:
Printed Name: ..,,,,~ ~ , ~P ..
Title: ~nc~~,~..~.,~
,
THE STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned authority,. on thin day personally appeared
~~~~ ~LNI~•k , /ylAYo~ of the City of College Station, 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, and in the
capacity therein stated.
~p /EMBER~
Given under my hand and .seal of office on this the / d day of ~4a°y, 1994.
ota Public a and'for the ante of'Texas
000000000oooooaooooo0000000000 ~~ n1 5 c ~ w ~ z.
.r`'R~ ~`4~ ~aN scHwnRTZ ~ Printed Name of Notary
• ~'
Notary Pubiic, State of Texas
v~'r ~ ~~`~ My Commission Fxpiras 04.08.1998$ COrnm1SS10 $ y irgtlpn Date
000400000000000004000000
twtttca~x~~u
After Recording,
Return to:
Lew W. Harpold
Looper, Reed, Mark & McGraw
9 Greenway Plaza, Suite 1717
Houston,. Texas. 77046
[Space above line for Recorder's Use]
THE STATE OF TEXAS §
COUNTY OF §
RELEASE OF TEMPORARY BLANKET UTILITY EASEMENT
For good and valuable consideration, receipt of which is hereby acknowledged,
CITY OF COLLEGE STATION, TEXAS, has abandoned, released, and discharged and does
abandon, release and discharge that easement granted to CITY OF COLLEGE STATION,
TEXAS, by RANDALL'S PROPERTIES, INC., in an instrument dated November 11, 1991, and
recorded in Volume 1371, page S4, Official Records of Brazos County, Texas.
Executed this day of May, 1994..
City of College Station
By:
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned authority, on this day personally appeared
of the City of College Station, 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, and in the
capacity therein stated.
Given under my hand and seal of office on this the day of May, 1994.
Notary Public in and for the State of Texas
Printed Name of .Notary
Commission Expiration Date
LWH~G1gSttn~Release.Eas