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Home My WebLink AboutLegal Document._ ~ ~-- ~~ `7 ,~ ,.• . ~ ~® ~°~ `~ _ F: ,~~ ., PRIVATE ACCESS EASEMENT STATE OF TEXAS § ~ . ~.1t~ § ?~~~~ ..COUNTY OF BRAZOS § ;: 1: k~ ..__ - ~ ~-..: This Private Access Easement is executed this ~ 7 day of January, 1998 by and between Lieven Van Riet, Trustee (hereinafter referred to as "Van Riet") .and JKL Rentals, Ltd., a Texas limited partnership (hereinafter referred to as "JKL"). WITNESSETH: WHEREAS, .Van Riet is the owner of that certain tract or parcel of land being all of the ', remainder of that certain 132.508 acre tract of land described in Deed recorded in Volume 964, Page 818, Official Records of Brazos County, Texas ("Van Riet Property"); and WHEREAS, JKL is the owner of that certain tractor parcel of land being described as the '~ Proposed Edelweiss Business Center, and being Lot 1, Block 2 containing 1.221 acres of land, all ''~, as more particularly described on Exhibit "A" attached hereto ("JKL Property"); and WHEREAS, Van Riet and JKL wish to establish anon-exclusive private access easement over and across that certain 0.167 acre tract of land described as the "Private Access Easement" on ', Exhibit "A" attached hereto and also described by metes and bounds description on Exhibit "B" attached hereto; and WHEREAS, the parties desire to memorialize their agreement regarding the rights and obligations regarding the use and maintenance of the Private Access Easement: NO W, THEREFORE, for and in consideration of Ten and No/ 1.00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Grant of Easement L Van Riet has granted, sold and conveyed and by these presents does grant, sell and convey unto JKL anon-exclusive Private Access Easement for the purpose of providing pedestrian and vehicular ingress and egress to and from the JKL Property upon and across the Van Riet Property that is within the boundaries of the Private Access Easement as described on Exhibit "A" and Exhibit "B" attached hereto. The Easement granted .herein is .hereinafter referred to as the. "Private Access Easement". JDW/sld JKI,.EST 97-1854 Page I ~ h r, ~ 2. Van Riet does retain the right to continue to use. the .Private Access Easement for the purposes of ingress and egress to the remainder of the Van Riet Property or any portion thereof, and Van Riet retains the right to grant subsequent owners of the Van Riet Property the right to use the Private Access Easement concurrently with the owners of :the JKL Property. Duration of Private Access Easement 3. The Private Access Easement and the rights and privileges herein granted shall be perpetual. Subject to the. exceptions and reservations listed herein, Van Riet hereby binds himself, his heirs, successors and assigns to warrant and forever defend the Private Access Easement and its rights unto JKL and its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any. part thereof by,'through or under Van Riet, but not otherwise. Exclusivity of Private Access Easement. 4. The Private Access Easement rights and privileges grantedhereinarenon-exclusive, and Van Riet reserves and retains the right to use the Private Access Easement or to convey similar rights and other easements to such other persons and estates as Van Riet may deem proper; provided, that such grant shall not prevent JKL's enj oyment of the Private Access Easement and the rights and privileges granted herein. Improvements and Maintenance 5.. JKL shall have the right to construct on any portion of the Private. Access Easement a concrete driveway sufficient to allow vehicles to travel upon, across and along the Private Access Easement.. In the event such concrete driveway should be damaged or destroyed by Van Riet or his assigns or JKL or its assigns by unreasonable or harsh use of the Private Access Easement, then the party responsible. for damaging the Private Access Easement shall be responsible for the cost of repairing any such damage. Potential Business Association 6. It is the intent of Van Riet to create a business association that will maintain various other private access easements that maybe located upon the Van Riet Property. In the event such association is created, Van Riet agrees that such association shall be required to take over the required maintenance, if any, of any of the. improvements located upon said Private Access Easement. JDW/sld JKL.EST 97-1854 Page 2 Obstruction 7. Van Riet and JKL agree that neither party nor any of their heirs, successors and assigns shall have the right to block or obstruct the Private Access Easement in any manner that will hinder vehicular traffic" thereon. For safety purposes, speed bumps or speed reduction devices may be located at reasonable intervals on such Private Access Easement to prevent vehicles from traveling at high rates of speed on the Private Access Easement. Entire Agreement 8. This agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Binding Effect 9. This agreement shall bind and inure. to the benefit of the respective parties, their heirs, legal representatives, successors and assigns. Notices 10. Any notice, demand or request required or permitted to be given in connection with this agreement shall be in writing and shall be deemed effective if hand delivered, or if sent by United States registered or certified mail, return receipt requested, postage prepaid, or if sent by private, receipted carrier guaranteeing same-day or next-day delivery, as addressed to the respective parties at the addresses below their signatures, or at such other address as any party may, from time to time, furnish to the other party by a notice given in accordance with the. provisions of this Section. All notices shall be deemed given when mailed or personally delivered in the manner provided in this Section. Time 11. Time is of the essence of this agreement and the performance of the terms and conditions hereof. Dated: this ~ day of January, 1997. c ~ _" LIEVEN VAN RIET, Trustee Address: i q o i S/~ ya 5~ cs ~ To (~ ou 5'T o r..i 1'CX/M1-S 7 7o(>'L JDW/sld JKL.EST 97-1854 Page 3 JKL Rentals, Ltd. 5y• JKL Investments, Inc. Its General Partner By• James. V Loveless Its Vice President JKL RENTALS; LTD., a Texas limited partnership JKL Rentals, Ltd. By JKL Investments, Ina By. Hera a Her Name: Title: Address: Kathryn ~~ l.av~l~s~ ~n , STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the ~ ~ ~' ~` day of January, 1998 by LIEVEN VAN RIET, Trustee. na ^ u8 ~ ~r`Q..~. 1.~ , ~` ~~ °'~• ~'~'~'~~ JAMES O. CROWELL • {~ ). Notary Public, State of Texas ary PUb11C, State of Texas ~\•,~v, ray commission exPi~es os•12-2001 My Commission Expires: q~FOF. . ^,`6'x.`4..`4-'`'.. STATE OF TEXAS § COUNTY OF BRAZOS § F~.~ ruCCY ` This instrument was acknowledged before me on this the ~ day of Jay, 998 by warn E'S V . LoVe(~SS I~~'1-hr y n C .~cx1 e.1~' SS ofJKLRentals,Ltd., a Texas limited partnership, on behalf of said partnership. _ . _ . _ +~ w P' MICHELE S. RAMIREZ * * Notary Public, State of Texas Notary Public, State of Texas ,~ My Commission Expires My Commission Expires: '' -~•~ JUNE24,2001 .0~ JDW/sld JICI,.EST 97-1854 Page 4 . )JXHIBIT .. A.. j I 1 j ' I j ' I , • j ~ i. se'I I j p.U.E i I " " ~ , Scole: 1 = 40 ~~I j I ~! I I h I I ~ S ~ I ` 8~?S9' :~ I ~~ °, , E - GB00' . ~'~ at~t7 r. Uernn d Yen R/eL Tiustss d = 9175'03' Rd„oyda- of ~3zsa6 A«s rnxr Yd. 964, P¢ 818 d ~ 0115'03 ~ • ~ ~~ .. ~ ~ ,~~ :: I ° a~1~"':~• ~~ F' +~~t t~ ~~ R s 25.00' T = 25.63' R = 955.00 ' ~ !i~ ~ i ~ f L ~ 39.89' T = 11.81 L = 23.63' N 517429' E - I ~ ' ? ~ ~i ~ ~~ ' r a,~,~ «~~ ~'~ QSd. a S 067429" W '~-n 35.79' 23.63' , , a I I s. fi ~~ ° r ~' S 3918 p - ? • '' ~~' t V7nR~ 1.: ; 5r y ' °'{ ~ + 1 '° F E 149,6• I 25' P.U.E 25' P A E : , N 39 ~~K >, ~~~ £' ~ ~ y~; r~E~ r ° ' it j ..I~. r r ?8Q? .,1. '.N~ ~R' ~ d*a ~~.4 r ~ a . ---.. ~ ~ 1Y - ?3,59' {~. ~„ ~',~~ '` ~' Y / . _ I ~ ~"' _•~ , 12.5' .E , • '~- P q I O ~ ~ N I I h •e 3 Cu' I o ~ . . d O ~ ~ ~ ~ o:r ~~ ~rt I •- ~ 3 ~ Proposed Ed l / B i C ~ ; ~ ' e we ss us ness enter ~ ~ ~ o ` ~ Lot 1, B/ock 2 i c w Sg 1.221 Acres ~yurn ~ s °' m i,~ N CN ~~~~ ~ I ~ ~ { ' •I oE' ~ K R 3 N N. 0 I i ' 3 I ~ ~ 2 ,i~ y _.--.- I --~.--•--•-- - ~ ~ ~ - - - 20' City of Bryon - - - - • - - • - g~~` Electrical Easement _ -•--•- ---~•- ~ 9~ ~ xr ~ ~ - -•--•--•--•--~ - _._._.J i ~ -" L. _. _. _. _.-.-. ' -. _._._._._. _ ~ ~ ~ ~ - • - ~ ~ ~ - ~ - - - _ - _ - . - Clty . • J 20 W llb _ _ of College Station E ~~~~ e om Water Supply Corp. Utility Esmt. Polnf of Beginning (Vol 696 Pg 306) ~'n 2 . , . ~ . S 4T03'S8' E- 2039.03' from Weat Comer of 132508 Ac. Trt. N 47`t~358" W F.M. 2154 (We//bom Rood) 1~ oa' 100' R.O.W.