Loading...
HomeMy WebLinkAboutLegal Document3 GF~t980767 UTC/cs Filed for Renard inn ` ~ ~ Certify this to be a true and correct 9R~QI05°Yi coPY of the original On; Jumt7~,1y98 at E~~;c'9P _ _ ,_ _ - __ _ --- URl1~'c~St1Y TITLE COAAPANY Rs a . ~ Recordings SEM ~b~f~ a~~~ ~^„~ Docuient Nu~ber: Sy: l hi rer~N~c `~tlT 1A eer~i~n A~ount ~-. 0l~ s a em ~r"Agreement") is made and entered in~~y ~p~ ~.ye IiIAVID ALKOSSER and ISRAEL WEINBERG (hereinafter referred to as the " LERI'i611 whether .one or more) and TONY JONES D/B/A LEGACY CONSTRUC~l~°' (~flYatter referred to as the "BUYER"). WITNESSETH: WHEREAS, by conveyance ~of even date herewith, SELLER has conveyed to BUYER a certain tract located in Brazos County, Texas, (the "CONVEYED PROPERTY"), said tract being more particularly described on Exhibit "A", attached hereto and incorporated herein by reference for all purposes; WHEREAS; SELLER is the owner of certain property adjacent to-.the CONVENED PROPERTY, including the tract described on Exhibit "B" attached hereto and incorporated herein by reference for all purposes (the."EASEMENT TRACT"); NOW THEREFORE, for and _in consideration of the premises, the sum of Ten and No/100 Dollars, and other good and valuable consideration, the receipt and adequacy of which' is hereby acknowledged, SELLER has GRANTED, SOLD and CONVEYED and by these. presents does GRANT, SELL and CONVEY unto BUYER a nonexclusive easement (the "BUYER'S ..EASEMENT"), TO-HAVE AND TO HOLD, together with ail and singular the rights.provided for below, unto BUYER, and BUYER'S heirs, successors and assigns forever as an easement for the benefit of and appurtenant to the CONVEYED PROPERTY. SELLER makes this grant and BUYER accepts the same subject to the following-terms, covenants, conditions, reservations, restrictions, limitations, and exceptions, all of which shall be deemed to be covenants running with the land, commencing upon execution hereof by SELLER and BUYER,-and binding upon the parties hereto and their respective heirs, .successors, and --- assigns,: to wit: 1. BI7YER, including any errant, invitee, agent, contractor, employee, or other party authorized by BUYER to use. the CONVEYED. PROPERTY, may use the EASEMENT TRACT for the purpose. of vehicular and pedestrian access to-and from the CONVEYED PROPERTY. SELLER _ and BUYER agree that the EASEMENT TRACT shall be kept free and clear at all times and no parking=shall `be allowed on e EASEMENT TRACT, subject only to the need: for maintenance and repairs and reasonable short-term interruptions deemed necessary by SELLER. 2. BUYER shall share all costs and expenses relating to paving and' maintain%ng the EASEMENT TRACT'., with the expenses being divided equally between BUYER on the one part, and SELLER on the other part. In the event there are any successors and/or assigns of either or both of BUYER and SELLER, then the respective successors and/or assigns respective to each. shall pay such costs and expenses of their respective BUYER or .SELLER on a pro rata basis. SELLER shall. have. a sole right to maintain the easement: so as_ to prevent obstructions to vehicular access over and across the Easement, subject to the reservations set forth in Section 1, above. 3. BUYER hereby indemnifies and agrees to hold SELLER harmless from: and against all claims, costs, expenses, judgments, or actions arising from or relating to any use or misuse of the Easement by BUYER and BUYER, BUYER'S heirs, successors and assigns, including any use or misuse by BUYER and/or BUYER's, or its heirs', successors' and assigns' invitees. a>rents- 0 contractors, tenants, employees or other parties entering the,BUYER'S EASEMENT pursuant to BUYER's direction or authorizatiomor pursuant to any rights granted<under this.Agreement. 4. This .:grant is made .and accepted subject to any and all encumbranpes, reservations, conditions, covenants, easements and restrictions, if any, `affecting the use of the premise herein, now of record in the County .Clerk's Office in said county, and' to all zoning laws, regulations, and ordinances of municipal and/or other governmental authorities, if any, affecting the use of the EASEMENT TRACT. S. Nothing contained herein is intended or shall be deemed to be a release or dedication of the EASEMENT TRACT or any part thereof to the use, possession, enjoyment, or ownership of or by the general. public, the City'of College Station, the County of Brazos, the State of Texas or any other public authority or agency. No right, remedy or claim shall accrue hereunder or by reason hereof in any. persons other than the parties hereto, acid their respective heirs, successors and assigns. 6. The rights granted herein to the use of the EASEMENT TRACT are nonexclusive, and SELLER and SELLER'S heirs, successors and assigns shall have the right from time to time to grant further easements in, over, across, through.. and under the EASEMENT TRACT for any lawful purpose, but such holder of such other easement shall not unreasonably interfere with the rights granted herein.: BUYER agrees that the EASEMENT TRACT shall be kept free and clear at all times,'and no parking. or other obstruction shall be allowed thereon by BUYER, BUYER'S heirs, successors, and assigns or their tenants, customers, invitees, agents, contractors, employees or-other party authorized by BUYER to use the EASEMENT TRACT.: 7. In the event that BUYER fails to pay any sum or perform any act that BUYER is required to do under the: ternls of this Agreement, SELLER shall: have the right, but not the obligation, at any time and from time to time to: (a) cure any' such failure or other default of BUYER, and in such event SELLER may thereaRer recover from BUYER the cost and expense thereof; (b) specifically enforce the performance of BUYER'S duties and obligations hereunder; and/or (c) avail itself of :.any other remedy available at law or in equity, all of which remedies are cumulative. 8. It is expressly ..understood that BUYER's right to the use of EASEMENT TRACT is intended as a right benefiting and appurtenant to the use of the CONVEYED PROPERTY as single or multi-family dwellings and uses incident thereto and for no other purpose, and in the event that the use of the CONVEYED PROPERTY is ever used for purposes other than as single or multi- - family dwellings and uses :incident thereto, then: (a) BUYER shall'be obligated to disallow and prohibit the 'use of EASEMENT TRACT by any of its tenants, invitees, agents, contractors, employees, or other. parties previously authorized by BUYER to use the EASEMENT TRACT; and (b) the rights granted under this Agreement to the EASEMENT TRACT shall automatically lapse and terminate.. In such event BUYER agrees and covenants to .execute a release of this Agreement in form satisfactory to SELLER, which shall be recorded in the County Records of .Brazos County. In the event BUYER, his heirs, successors or assigns are unable- or refuse to execute such release, BUYER hereby makes, constitutes and appoints ISRAEL WEINBERG of .Los Angeles County, California (or if ISRAEL WEINBERG is unavailable or unable to serve as appointed herein for any. reason, then DAVID ALKOSSER of Orange County, California) as BUYER's true and lawful Attorney-in-Fact, for Buyer and in his name,. place and stead, to act in his behalf and for his benefit and in his name, place and stead individually, in matters relating to the EASEMENT TRACT. BUYER grants and authorizes said Attorney-in-Fact to prepare, execute and file in BUYER's name and on BUYER's behalf any and all documents relating to the release of this Agreement and/or the release of the BUYER'S EASEMENT upon the EASEMENT TRACT, if and when the CONVEYED PROPERTY is not used for purposes in accordance with the terms of this Agreement. t 9. The rights, powers and authority of said Attorney-in-Fact granted. in this instrument shall commence and be in full force and effect beginning the Effective Date .hereof and continue perpetually. This power of attorney is irrevocable, and said Attorney-in-Fact is hereby irrevocably vested with the powers granted herein and BUYER does: hereby forever renounce all right to revoke this power of attorney or any of the powers conferred upon BLJYER's attorney hereby or to appoint any other person(s) to execute the said power., The powers and authority granted by this Power of Attorney may only be exercised by said Attorney-in-Fact. Said Attorney-in-Fact is vested independently with the powers and authority granted herein and is empowered to exercise . such power and authority. BUYER hereby ratifies and confirms. whatsoever acts said Attorney- in-Fact shall and may do by virtue hereof in the premises. BUYER binds himself, his heirs, executors, successors, assigns, representatives ana agents to indemnify and hold said Attorney-in- Fact harmless from all `claims, demands, losses, damages, actions and expenses that said Attorney-in-Fact'may sustain or incur in connection with carrying out the .authority granted to said Attorney-in-Fact in this power ofattorney.: 10. BUYER acknowledges and agrees that the use of the EASEMENT TRACT shall be non- exclusive to BUYER, it being the intent of all parties: hereto that the EASEMENT TRACT shall also be used for ingress and egress by SELLER, SELLER'S heirs, successors and assigns .and their tenants, customers,. invitees, agents, contractors, employees and `other parties authorized by . SELLER to use the EASEMENT TRACT. The SELLER does hereby bind SELLER and SELLER'S heirs, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the BUYER'S. EASEMENT granted herein unto said BUYER, his successors, heirs and assigns, against .every person whomsoever claiming or to claim the same or any part thereof,. except as to the reservations: from, and exceptions to, the conveyance and warranty, when the claim is by, through or under SELLER, but not otherwise. The .provisions of this Agreement may be ..enforced by the parties .hereto and their . respective heirs, successors and assigns, and may be modified from time to time, or terminated, - by the written agreement of the parties hereto, or their respective heirs, successors and assigns. v EFFECTIVE the ~_ day of May, 1998. SELLER: IS ~ L WEINBERG DAVID ALKOSSER BUYER: T JO dba LEG1~C~ CONSTRUCTION STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this, day personally appeared TONY JONES, 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 considerations as expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFIC is ~ day o~ May, 1998. .. ... . ICAF~Y M~RSMANN NolBry Public. Slate of Texas NOTARY P BLIC AND FOR My Commission Expires BRAZOS OUN ,TEXAS , My co m ex ire MAY 18, 2001 STATE OF CALIFORNIA S • COUNTY OF ORANGE S BEFORE ME, the undersigned authority, on this day personally appeared ISRAEL WEIIVBERG, known to me to be the. person whose name is subscribed to the foregoin instrument, and acknowledged to me that he executed the same for the purposes and considerations as expressed therein. GIVEN UNDER MY HAND AND SEAL OF FFICE this -_ . _ J~ day of~~t, .Y~ T998: ' TARY PUBLIC IN AN OR - ~ COUNTY, CALIFORNIA My commission expires: _ SUSAN A. SINGLETON: Camm. f 1092606 rrnn (~ s NOTARY PUBLIC=CALIFORNIA V1 }, `Orange County My Comm.- Expires May 12, 2000 `+ STATE OF CALIFORNIA S COUNTY OF ORANGE S BEFORE ME, the undersigned authority, on this day personally ;.appeared DAVID ALKOSSER, 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 considerations as expressed therein. GIVEN UNDER, MY HAND AND SEAL OF OFFICE dus ~daY o ay 1998.' NOTARY PUBLIC AND F R - ORANGE COUNTY, CALIFORNIA My commission expires' SUSAN A. SINGLETON Comm. t 1091606 rA (~ s_ NOTARY PUBLIC • CALIFORNIA U1 ~, Orange County My Comm. Expires May 12, 2000 "~ All that certain lot, tract or parcel of land lying and .being situated in Brazos County, Texas, and being Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), and Seven (7). Block Four (4), vacating and resubdivision plat of Lots One (1> through Seven (7), Block Four (4), west Knoll, Section 2, an addition to the City of College Station, Brazos County, Texas, according to the play recorded in Volume 3128. Page 209 of the Official Records of Brazos County, Texas. - ,5 - 5 r <, EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT TRACT Fiold Notes I For A l2' Foot Wide Privato Actors 1?asement Across Lots 1-7, Block 4 ~ , Weal Knoll - Beaten 2 i Collcbro Statiai, .Bravos Cau2Ly, T'oxas j i . MAy, 1998 ~ Field notas;fnr a 12' wide prirate access aasarnent lying and being sittusted in the Ccawfoid Bumdt C~tergue, Colkgc Station, Brazos Courlty, Texas, same easemem also runnin~ accost Lots 1-7, Block 4, .West Knoll - Section 2 an addition to file City of College Station, pl~t of sarna addition being rocotded in Volume 285, Page 373 of the Qfficiai Keeords of Btxzoe Ct/unty, Texas. Said private aeocss oas8nu~nt being more particularly dtscribcd by metes and boundsjas follows: BEGINNING 8t an "x" duaelod is concrete found nurle"eng iha southartt ooluer of Lot 18 and +tlso inarlcing the soud- tamer of Lot I, 8(ock 4, Wrst Knoll- Sectioct 2 and iyr#~,oa tho northwest right-af-way line of Socrtfzrvest Parkway, ; THENCE in a notThwtsitrly direction akng the coinnxan litres betwooa aid Logs 1-7 Lots i 2-18 , Stock 4 West Knoll - Seaton 2 fnr the following calk: , N 32° 14' SZ" W for a diaLwco of 74.05 fret to a found 1/2" ircln rod for angle porrn , N 32° !b' ,SO" W fvr e distance oF71.98'faetto a fotend 1/2" irc}n cod fvc angle point N 32° 1 T O.S" W for a distance of 72.03 feat to a fvuad 1/2" ir~n rod for angle 1~ -- N 32° 18' i 1" W for a distanct of 52.49 foot to afmmd 1/Z" inn rod for angle point N 32° 1 T 36" W for a disianco of 77.Q2 feet to a frnuxi 1/2" ir~a rod for angle P~~ N 32° IS' 43" W tvr a distxuce of 71.49 to a set 1/2" icon ejod fur angle point. N 32° l6' 42" W far a distance of 139.51 foot to a 1!2":iron rod set for corner end marking tho marl northerly corner of Lot t 2, Stock 4, West Knolt - Banton 2 ar~d thenortf~wcst corner of Lot 7, Block 4, West Knoll - SoZxiat 2; THENCE N d9° 03` S I >r along Lhe,narthweat Zinc of Lot 7 Block 4, West Knt#11-.Section 2 for. a distar(cc of 12.14. foot to a point for comer; THENCE in a southeasterly direction across Lots 1-7, Block 4, West Knoll ,Seaton 2 far he fvllorriag calls: S 32° i 6' 42" E foe a distances of 141.27 ~ to a point foe angt~ S 32° 15' 43" E fvr a distance of 72.05 foot to a point for anKlq S 32° 17' 36" E for a distance of 77;02 foetto a point fvr eagle' S 32° Is' ! I " E fora dutanCO of S2a9 feet to a point for angle S 32° t T OS" g frx a dictnwoo of 72.03 foot to n"Point firangk• S 32° l s' 22" E fora distaaoo of 146.04 feet to a poizzt for coctjcr and lying on the northwost right-of--way line crf Southwest Paricwav, THENCE S 57° 46' i 1" W along the northwest righ(-of=way liuc ofSocrt}iwcstjParkway for a distance of 12.00 fret to fire PLACE: OP ©EC[NNf1VG and conuiui~ 0.16 acres oc sand, moro or lcs~.