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HomeMy WebLinkAboutLegal Document®2~-17-1996 ®9~29AM PROM ®, TO '7643496 P.Os . ~ " c'7 EASEMENTS CQVENANT AND ASSESSMENTS N REPLA~~' ~ e rya €,1F BLOCK X UNIVERSITY PAIi.K SECT%ON 2 ~-' '' ~. :..? "` c..~ ~> e.; e~ This agreement is entered into for the purpose of placing mutual easeme ts, ~pv~iants, and assessments for the benefit of all the lots in a Replat of Block X, University Pazk, Section II College Station, Brazos County, Texas, said original plat of record in Volume 502 Page 501 of the Deed records of Brazos County Texas. The current owner of all lots in the Replat of Block X is GALiNDO INTERESTS, LTD. These easements, covenants, and assessments as set forth below, are covenants that run with the land, and shall be binding upon each successor in interest to the lots, according to the Replat of Block X, University Park Section II, College Station, Texas. These easements created, covenants, and assessments, shall be effective upon f nal approval of a Replat of Block X, University Park Section II, and the f ling of the same of record in the official records of Brazos County Texas. There is currently in existence a private utility and access easement affecting Block X on the south and southwest boundaries of said Block, which aze for the benefit for all Replat lots within Block X. There are also currently private utility lines serving the four cots according to the Replat of Block X, University Pazk, Section II, which cross other lots within Block X. There is pedestrian access to and from the parking easements, and from Summer Court Circle, for the benefit of all lots within the Replat of Block X. There is a common lawn irrigation system, sidewalks, and pazking spaces for the benefit of lots. within Block X, which shall require, as part of the mutual agreements and benefits conferred herein, that the owners of each lot within the Replat of Block X, University Park Section II, agree to the designation of a Trustee, who shall make and collect assessments, ....for the benefit of all lots within Block X, to maintain, repair, replace, and operate the sprinkler .system, parking and sidewalks hereafter. I-iowever, each lot owner shall be responsible for mowing and landscaping his own lot, as well as any pest control required on his lot. Therefore, in consideration of the mutual benefits conferred upon each lot designated in the Replat of Block X, University Park, Section iI, the following easements, covenants and assessments shall attach to each sepazate lot, for the mutual benefit of lots within the Replat of Block X, University Park Section iI. Private Utility and Access Easement There is hereby created for the benefit of lots 1,2,3, and 4, according to the Replat of Block X, University Park Section II, a Replat of a subdivision located in the City of College Station, Brazos County, Texas, the twenty foot private utility easement and access easement, and t... . va°~ ~~~ ~~ °a~r ~o ®~-17-1996 ®9~29AM FROM TO 7643496 P. 83 in addition, a parking easement along the south and southwest boundary of said Block, which shall be far the benefit of a1i' lots within the Replat of BIock X. In addition, there shall be a pedestrian access easement over, along, and across the sidewalks in existence, which extend from the parking spaces to the improvements located on each sepazate lot within the Replat of Block X. Private Utility Easement The parties acknowledge that. utilities are provided to the existing meters by the City of College Station, but that the utility lines from the meters to each lot or improvement located thereon are private utilities. There shall be a private utility easement from the existing meters to and for the beneft of each separate lot, said easement to serve the separate lots. Each lot shall be responsible for repairs, maintenance, or replacement of any utility lines serving that lot from the meter to their lot, and each lot owner shall have a right of access to repair, replace, or maintain the utility lines serving their tract. Each lot owner agrees to pay for any and all damage, of any kind, caused by any repair, replacement, or other required maintenance, on any. portion of the private utility easement located on another landowner's lot. Each lot owner agrees to hold the other property owners, harmless for any damage or liability of any kind associated with the private utilities serving their lot. In addition, each lot owner agrees to indemnify and hold each other lot owner harmless from any damages from any person going to or from his lot by using any common parking area, access easement, pedestrian easement, or other access. 1-Iowever, each owner's liability for any such damages of any kind, shall be limited between the lot owners herein, by their interest in the lot owned. Each. lot owner agrees to and shall indemnify and hold harmless and defend the City of College Station, its officers, agents, and employees from aid against any and all claims, losses, damages, causes of action, suits, and liability of any kind arising out of or in connection with the private utilities serving their lots. Designation of_Trustee for Maintenance of ,A,,ssessment for Easements Each lot owner of Block X, .University Park, Section lI, herein agrees that the lot owners shall, by ma,~ority vote (with each lot entitled to l vote), designate a Trustee, who shall serve on behalf of all lot owners of Block X for the purpose of providing maintenance, repair, or replacement of the access easement, parking azea, sidewalks, and' spii.nldet system. Each lot owner herein agrees to pay a fee, on a quarterly basis, to the Trustee for such cost and expense incurred by the trustee, along with a reasonable reserve. The payment of quarterly fees are due on or before the tenth day of each quarter of the calendar year, beginning January tenth. Each lot owner further agrees that there shall be a lien against each lot to enforce the payment of said fees and assessments, and that such liens shall be enforceable by the Trustee sixty days after the delinquency in the payment of required fees or assessments. The lien created herein shall be subordinate to any purchase money liens incurred by the lot owners. The lien may be enforced by a non judicial foreclosure by the trustee herein, after the trustee gives thirty days written notice io the lot owner of such delinquency and .election to enforce the lien by non judicial foreclosure. The parties agree that the Trustee may be replaced, or a successor appointed by 2 ~. vnr _~ll~•____ u Q9-17-1996 09~30AM FROM T® 7643496 P.®4 three fourths majority of the lot owners of lots one through four in the. R.eplat of Block X, University Park, Section II. The trustee shall keep an accounting of repairs and maintenance incurred, and fees and assessments collected, and shall, on an annual basis, provide an accounting to each lot owner of the costs and expenses incurred. along with the anticipated quarterly assessgnent for the succeeding year. GALINDO INTEREST, LTD, Owner of Lot University park Section II, College Station, Brazos above easements, covenants, and assessments, which interest to the lots described herein. Signed this ~}~ day of December, 1995. s I, 2, 3, and 4 of the Replat of Black X, County, Texas, does hereby agree to the shall be binding upon each successor in GALINDO INTERESTS, LTD. BY: ~ RAMIRO A. GALIND STATE OF TEXAS )( )( COUN'T4~ OF BRAZOS )( This instrument was acknowledged before me by 12c~s~n,ti2o A-- ~rau nt ~ . authorized agent for GALINDO INTERESTS, LTD., on the 1°I a^h_ day of December, 1995. NOTARY P IC AFT7;12 RECORDING RETURN TO: Richard D. Talbert 426 Tarnow, suite l 04 College Station, Texas 77840-1822 3 ~%' STAGY LY~f~[E SELL * * Notary Pubt+c Stats of Texas ~ tJlyr Commiss+on Expires NOVEMBER 29 1499 Y~~ ~5~ ~~ ~A~~ 42.