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HomeMy WebLinkAboutLegal Document~r~~~1 „a~~ .~ ~~ SHARED ACCESS AND PARKING AGREEMENT . U;.t ~~ STATE OF TEXAS 8;~,~xa~ u~, .,~ ~ ;.~~a~~r~avs~ ~~Y~~$. iCX~S BY . COUNTY OF BRAZOS a~~a~~ ~t F :This agreement is made .and entered into by and between. DD&H ~v tments Inc., a Texas corporation {DD&H)' and John N. Prince (Prince). ]DD&H and Prince are sometimes.: collectively referred to as "Landowners" in this agreement. FACTS. A. DD&H is the owner of certain real, property (the DD&H 'IYact) in Brazos County, Texas which is more particularly described on Exhibit A attached hereto and made. a part hereof. B. Prince is the owner of certain real property (the Prince .Tract) in Brazas:County, Texas whichis more particularly described on Exhibit B attached hereto and made a part hereof. C. The landowners desire to set forth their agreement regarding the - construction, maintenance and use of a common access and parking easement over and across certain real property.. which is more particularly described on Exhibit C attached. hereto and made a part hereof (the Easement Property):. The Easement Property is located on the Prince Tract. AGREEMENT Now, therefore, for and in consideration of ten dollars ($1.0.00), the . conveyance herein contained, and other good .and valuable.. consideration, the receipt and sufficiency of which are hereby acknowledged. DD&H and Prince hereby agree as follows: 1. Grant of easement by Prince.. Prince hereby gives, grants, sells, conveys and delivers 'unto DD&H a permanent, non-exclusive easement for pedestrian and vehicular access and parking on, over .and across the Easement Property .for the benefit of DD&H and he current. and .all subsequent owners, guests, customers, tenants, legal representatives, successors and assigns of DD&H. The easement granted- by Prince pursuant to this paragraph 1 shall be a covenant runningwth the land, which shall: be .binding upon the owners of all or any portion of the Prince Tract, their .heirs, executors, successors, .legal RE\DD&H.AGit ()a) Page 1 representatives and .assigns, and shall be a benefit to the owners of all or any portion of DD&H tract and its legal representatives, successors and assigns.. The Easement shall be appurtenant to ownership of all or any portion of the DD&H Tract, and shall not be severed from such ownership. 2. Construction of driveway and parking lot. It is intended that a thirty foot (30') wide driveway (the Driveway) will. be constructed over and across the Easement Property from Pinon Drive to the southeast boundary of the Prince Tract. Prince and DD&H agree that the Driveway shall remain open and shall not be used for the parking of vehicles. DD&H and Prince. shall be entitled to construct curb cuts into the Driveway in order to service their respective properties, if necessary, provided the construction. of such curb cuts does not interrupt the reasonable. use of the Driveway. DD&H agrees to pay the entire cost of constructing the Driveway. It is also intended that the rest of the easement property shall be used for the construction of a parking lot (the Parking Lot) for the parking of vehicles by the landowners and their respective guests, -invitees, tenants,. customers, employees, ..heirs, .legal representatives, successors and assigns. DD&H agrees to' pay. all of the cost of constructing the Parking Lot. All construction' shall be performed by DD&H, using such plans and specifications as DD&H in its sole discretion deems appropriate and advisable, subject o the compliance of existing City of :College Station ordinances and regulations. 3. Maintenance'of driveway and parking lot. DD&H agrees to pay one hundred percent { 100%) of the costs. of maintaining the Driveway and Parking Lot in the future, after its initial construction. DD&H .agrees to pay the cost of repaving the Driveway and Parking Lot when such repaving is necessary; maintaining :the Driveway in a condition necessary to comply with all applicable codes and regulations of the City of College Station, Texas; keeping the Driveway reasonably clear and unobstructed; and keeping the Driveway smooth and free of potholes. All maintenance shall be performed by DD&H `in DD&H's sole discretion. 4. No outstanding liens.. Prince warrants and represents to DD&H that the Prince Tract is free and clear of outstanding liens other than. the lien for current ad valorem taxes on the: Prince Tract and the Deed of Trust dated June 30, 1992, to Commerce National Bank, recorded' in Volume 1538, Page i00, Official Records, Brazos County,' Texas. 5. Conveyance running with the land. The easements, rights, benefits, privileges, restrictions and agreements set forth herein shall run with the land and inure to the benefit of and be binding upon, all parties having any right, title or interest in and to the Prince tract, the DD&H tract, or any part. thereof, and their heirs, executors, successors, legal representatives and assigns, .and all persons claiming under them. RE\DD&H.AGR (la) Page 2 6. Breach shall not permit termination. It is expressly agreed that no breach of this .agreement shall .entitle DD&H or Prince or any owners of the DD&H -act or the Prince 1Yact to cancel, rescind or otherwise to terminate this agreement, but such limitations shall .not affect in any manner any other. rights or remedies which such party may have hereunder by reason of any breach of this agreement. 7. Not a public dedication. Nothing contained herein shall be deemed a gift or dedication of any portion of the Price 1Yaet or DD&H 1Yact to the general public, the City of College Station, or for any other public purposes whatsoever, it' being the intention of the .parties hereto that the provisions of this agreement shall be strictly limited to and for the purposes herein expressed. 8. Governing law venue. This agreement shall be governed by and construed in accordance. with the laws of the State of Texas. Venue for any legal action arising out of this agreement shall be in Brazos County, Texas. 9. Remedies. In the event it shall be~necessary for any party hereto to employ an attorney to enforce its rights hereunder the non-prevailing party shall reimburse the prevailing party for its costs and reasonable attorney's fees. Signed to be effective on the date stated above. DD&H Investments, Inc. s By: f Wallace Phillips, Preside t John N RE\DD&H.AGR ~ Page 3 STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged .before me on November (~J , 1996 by Wallace Phillip ents, Inc. TINA L SIDES . f~Eotary Public State of Texas Mycommiasion Expires otary Public O Texas JUt~Y 11 1~Sii STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on November '~ ~,-1996 by John N. Prince. r - TINA L. SIDES Notary Public state of Texas Notary Public of exas fUlyCommissian Expires JULY 11 1494' Page 4 EXHIBIT A DD&H TRACT All that certain Tact or parcel of land lying and being. situated in Brazos County,: Texas, and being, all of Lot One,:: in Block 20, of PONDEROSA PLACE, a resubdivision of SOUTHWOOD VALLEY Section 4-A, an addition to the City of -College Station, Brazos County, Texas,. as the plat. of same is of record. in Volume 490, page 169, of the Deed. Records of Brazos County, Texas. EXHIBIT B PRINCE TRACT All that certain tract or parcel of .land, lying and being situated in Brazos County, Texas, and; being all of Lots 2-C and 2-D, in Block Twenty (20), of PONDEROSA PLACE,.. a resubdivsion. of SOUTHWOOD VALLEY Section 4-A, an addition to the City of College Station,.. Texas, as the plat of same is of record in Volume 490., .page 169, of the Deed Records of Brazos County, Texas. ~roE oRR, l~rc. SURVEYORS & ENGINEERS 2167 POST OAK CIRCLE COLLEGE STATION, TEXAS Pinon Drive 1 ~ s ~, NoV. 1.996 .bearings are based upon recorded Final Plat of Ponderosa Place {490/169) Lot 2C Blockl 20 Ponderosa Place Vol. 490, Pg. 169 l ct 28 ~..'~ s . TWO ~"}~Y ~+7 Lot 2D N ~---- !, ~~ b ' ~ Lot i 1 'I 4.1 .. .. ~ ~ ~ ~ ~ ~ ~ Tract A Ponderosa Place section two Vol. 1348, Pg. 209 f ' ~_ ~ ~. ~ ~ I ~ ~ 13 i ~ ~ . ~ . ~ ~ EXHIBIT C Easement Lots 2C & 2D Block 20 Ponderosa Place College Station, Texas 6 November 1996 All that certain tract or pazcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos .County, Texas, being a part of Lots 2C and 2D in Block 20 of Ponderosa Place addition to the City of College Station, Texas, according to plat of record in Volume 490, Page 169 of the Deed Records of Brazos County, Texas, and being. more particularly described as follows: Beginning in the southeast"line ofPinon Drive at the common corner of Lot I and Lot.2D in Block 20 the said .Ponderosa Place. Thence S 40° 39' 13" E - 217.14 feet along the line between the said Lot 1 and the said Lot 2D to the most easterly corner of the said Lot ZD; Thence S 42° 34' 1T' W - 205.04 feet along the southeast line of Lot 2D and Lot 2C to . the. rear common corner of Lots 2B and ZC in the said Block 20; Thence N 40° 39' I3" W - 103.20 feet along the~line between the said Lots ZB and 2C; Thence N 49° 20' 47" E - 173:61 feet across the said Lot 2C and through the said Lot 2D to the southwest line of an existing 10' .utility easement in the said Lot 2D; Thence N 40° 39' 13" W - 138.14 feet along the southwest line of said easement to the .southeast fine of Pinon Drive; Thence N 49° 20' 4T' E - 30.00. feet along the southeast line of Pinon Drive to the Point ' of Beginning and containing 0.52 acres of land more or less. ~,~~~~`7 Q, y w xic. P f....a~n• SHARED ACCESS AND PARKING AGREEMENT ~ ~ ~~i'~ ~ ~ @;~ ~ a : ~;~ QFi "~ CCU? ~ v t;•; t; iOU~E STATE OF TEXAS r3~ZY r~. E AS B COUNTY OF BRAZOS QtrUi Y This agreement is made and entered-into by and between DD&H Investments, Inc a, a Texas corporation (DD&H)` and Brazos Valley Hotel Corporation (B.V.H.C.) DD&H and Brazos Valley Hotel Corp. are sometimes collectively referred-to as "Landowner." in .this agreement. FACTS.. A. DD&H is the owner of certain. real property (the DD&H Tract) in Brazos County, Texas .which is more particularly described on Exhibit A attached hereto. and made apart hereof. B. Brazos Valley Hotel Corp. is the owner of certain real property (the B.V.H.C. Tract) in Brazos County, Texas which is more .particularly described on Exhibit B attached hereto and made a part hereof . C. The' landowners desire to set forth their agreement. regarding a parking easement over and across certain real property. The Easement Property is located on the B.V.H.C. Tract. AGREEMENT Now,. therefore, for and in consideration of ten dollars ($10.00), the conveyance- herein contained,- and other good .and valuable consideration, the receipt and sufficiency of which are - ed DD&H and B.V.H.C. hereby agree as follows: ~ acknowled , re g he y Grant of easement by B.V.H.C. B.V.H.C. hereby gives, 1 grants, sells, conveys and delivers unto DD&H a permanent, non- exclusive easement for pedestrian and vehicular-access and parking nt Pro ert for the benefit,of DD&H on, over and across the Easeme p y current and all subsequent owners, guests, customers, and the tenants, legal representatives, successors and assigns of DD&H. The easement granted by B.V.H.C. pursuant to this paragraph n suaon be a covenant running-with the land,.. which shall be binds g p ~' the owners of all or any portion of the B.V.H.C. Tract, their heirs, executors, successors, legal representatives and assigns, and shall be a benefit to the owners 'of all or any portion of DD&H 'ves •successors and assigns. The tats esen , i 1 re r tract and its lega p pant to ownership of all or any portion of e rt Easement shall be appu the DD&H Tract, and shall not be severed .from such ownership. ~ V0~ Zp~~ PAGE ~~ 2. Conveyance running with the land. The easements, rights, benefits, privileges, restrictions and agreements set forth herein shall run with the land and inure to the benefit of and be binding upon, all parties having ang right, title o art tthereof,1 and ttheir B.V.H.C. tract, the DD&H tract, or any p heirs, executors., successors, legal representatives and assigns, and all persons' claimingunder them. 3. Not a public dedication. Nothing contained herein shall be deemed a'gift or dedication of any portion of the B.V.H.C. Tract or DD&H Tract to the general public, the City of College Station, or for any-other public purposes whatsoever, it being the intention of the .parties. hereto that the provisions of this agreement shall be strictly limited to and for 'the purposes ..herein expressed. 4. Governing law venue. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any legal action arising out of this agreement shall be in Brazos County, Texas. Signed to be effective on the date stated above. DD&H Investments, Inc. By: r Wallace.Phillips, President Brazos l ey Hotel.Corporation By. , Sheila Hussein v0~ ~OII~PACE STATE OF TEXAS COUNTY OF BR.AZOS This instrument was acknowledged before me on June ~, 1997 ce Phill s President of DD&H Investme ts, Inc. by Walla P i ~ TINA L SIDES IV©taryPublic State of Texas Notary P is Texas My Canmission Expires JULY 11 1999 STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on June ~, 1997 by Sheila Hussein. _ Notary Public of Tex' ~ ~~~ 4 i C. • u.al tl4d7 S E` 1 t A~ '~~WI'~d Y..~L/ i 1 '~ i I .. _i ', i i ~~ ~o~ ~8f~2P~~~ 6~ EXHIBIT A DD&H TRACT 'j All that certain tract or parcel of land lying and being situated'in-Brazos County, Texas, and being all of Lot One, in Block 20, of PONDEROSA PLACE, a resubdivision of SOUTHWOOD VALLEY Section 4-A, an addition to the City of College Station, .Brazos County, Texas,. as the plat of same is of record in Volume 490, page 169, of the Deed .Records of Brazos County, Texas. EXHIBIT B B.V.H.C. TRACT All that certain 'tract or parcel. of land .lying and being 'n Brazos County, Texas, and being all of Lots.2 and 3, situated i in Block Nineteen-(19), of PONDEROSA PLACE, a resubdivision of SOUTHWOOD`VALLEY Section 4-A, an addition to the City of College late of same is of ,record in Volume 490, the Station, Texas, as p page 169, of the. Deed Records of Brazos County, Texas. I I ,i . _• 5 PAGE ~'~ V0~ ~~t)~ 1 ~\\'/ S ~ > C7 y A m r 9 to .. =U ~ ~ ~ . • ~ _ b z ~ ~ ~~ ~ ~ ~ ~ ~ ~ a~ s ~~ ~ ~ ,~ ~, h io ° ~ ~ _•a o ~ o s a ~~ i .. ~ ~ ~ ~~ ' ~ a ~ ;, ~ _ ,., y C w , Q~ ~+ VOL ~OII~PAGE 6U 0 ~ Z c1 ~ O ~ ~ ~ l~9 .~