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Home My WebLink AboutLegal DocumentOCT 15 2001 10 04 FR CHICAGO TITLE DOIJNTlJN210 482 3?17 TO 91979'7643496 P . 02107 jlj/UO/V1 SO. Si iA.1 .7(O sVV i~r~v va.a•a..~r... .....r (~19acK:o~~ O~-pa~N }~fl ~!;',:) ~f Ooe Qet d9,21B~1 at ~r,35A p•O't $E~ip~t, T9x~s 7T8'41 ~L As a 0011®~ { ~ Roc 'n s ~#~-~-'~~'r Daeirue~~ AEurb~: ~7~~6742 PARKING AND ACCESS EASEMENT AGREEMEI~~Rt 16.E Receipt hkU6Er - IR1188 THE STATE OF TEXAS } Barbara Iahnsan covNTY of BRazos PARKINGAND ACCESS EASENI>:TTTAGI2EEME'NTis made byand betweeziCALI.AV~AY DEVELOPMENT CORPORATION (hereinafter referred to as "Grantor"), and SHP-CALLAWAY LAND, L.P. (hereinafter referred to as "Grantee"). WITN>;SSETH: VVFiEREAS, coatemporaaeously with the execulionhereoi Crra,atee is acquiring from Grantor that certain t:ac~t or parcel ofkwd situatedinBrazos County, Texas atld more particulazly described or depicted on F ' " "attached hereto (the "Fee Tract"); WHEREAS, Grantor is the .owner of that certain tract or pazcel oflarzd situated in Drazos County, Texas, which isimmediately adjacent to the Fee Tractand more particularly described or depicted on r • ` „attached hereto {the "Easement Tract"};:and V~REAS, Grantor desires to ~atit Grantee an easement over tie Easement Tract as hereinafter set forth;. NOW, TI~REFORE, for and in consideration of the Sum of Tea and No/l 40 Dollars (S 10.00) and other good and Valuable consideration, the receipt and suffaeacy ofwluch arc h.erebyaclrnowledged, Grantor and Grantee hereby ogee as follows: l . ,~~ant of Fac ant Grntor does hereby. GTt.4N?, nARGAIN, SL~LL and CONVEY to Grantee for the benefit of the Fee Tract anon-exclusive case~neat {"I?asesr+eat"} over, across and capon the Easdtnent Tract for purposes of (i) vghicvlar and pedestrian access, ingress and egress to and fttlmthe Fee Tract anti formevement ofvehicles and persons over and across 1'Tae F~serne~it Tract and any adjoining public. rights-of--way and (ii} vehicuk~r parking upon the Easement Tract m locations approved in writing by Grantor. The Easeme~zt shall be appuntnant to the Fee Trait. z. ~Pu~lic Dedicatinn Nothing herein contained shall be deemed to be a gift or dedication of a~~y portion ofthe Basement Tract to die general public or foi any public purpose whatsoever, it beir~ the intention ofthe patsies that the Easement shall be strictly limited to and far the purposes herein __ OCT 15 2001 10 04 FR CHICAGO TITLE DO~JNT~JN210 482 3717 TO 919797643496 P.03i07 ~, expressed. 3, , The Easement is intended to be perpetual. All provisions of this Agreement, including the benefits and burdens, shall run with the land and be binding uponand inure to the benefit ofthe parties hereto and their respective successors and assigns, and' it is intended by Grantor and Grantee thatno third party shall be entitled to rely on this Agreement. Grantee may assign the Easement, in whole or in part. 4. Pitted Encumbrar-ces. The Easement is subject to all existing covenants, agreements, easements, encumbrances and restrictions of record and affecting the Easement Tract. ~g~]. This Agreement may be executed in multiple counterparts, each ofwhich shall be deemed an original Easement, and all of which shall constitute one Agreement. This Agreement steal! be governed by and construed in accordance with the laws of the State of Texas. Any appraval or consent by Grantor :hereunder may be granted or withheld by Grantor for any or no reason. Grantee hereby agrees that Grantee, as the owner of the Fee Tract, shall be responsible for reimbursement to Golden Arch Limited Partnership, d/bla Delaware Golden Arch Limited Partnership.. of,fifty percent (SO%} of the costs of maintaining, repairing and renewing the surface of (but not constructing improvements on) the Easement Tract (the "Easement Costs") for which Grantor is responsible under that certain Easement Agreement dated November. 6, 1995. recorded in Volume 261,7, Page 334, Real Property Records, Brazos County, Texas (the "Other Easement"}, in accordance with and subject to the terms of the Other Easement (with the effect that, acs ~ming that Grantor is responsible for reimbursement of ftftypercent [50%] ofthe Easement Costs, Grantee will be responsible for reimbursement' of twenty-five percent [25%] of the Easement Costs). (SIGNATURE PAGE FOLLOWS} 2 OCT 152001 1004 FR CHICAGO TITLE DO~1NTlJN210 482 3717 TO 919797643496 P.04i07 ~ ,~ EXECUTED. EFFECTIVE as of the ~ day ofyS~beRi~er, 2401. C'Ai.T_AWAY DEVELOPMENT SHP-CALLAWAY LAND, L.P. By: SHP-Callawa}' Land GP, LLC, its General Pier ~ /'J O' Name: Title: 3 OCT 15 2001 10 05 FR CHICAGO TITLE DOIJNTlJN210 402 3717 TD 919797643496 Po05i07 ~••. THE S'T'ATE OF TEXAS § COUNTY OF r § n This was cIrnowled before on 1 ~ ~ 2001 by ~ Q,~~l ~~~-~~~~ U.~ of CALLAWAY .O MENT CORPORA ION, a Texas corporati n b half of such corporati n. ~M~w SrL1AA A. M}TCHEL! - i' • 1~eotryAieue,sbteorTe~s NOT Y PUBLIC IN AND FOR YyCommk~on bmina dup. Q8, 2005 THE STATE OF TEXAS My ' sionExpires: nn R~~ H -Is't~~ -- { - ted Name of Notary} THE STATE OF O ~ ~ § COUNTY OF ~ ~\ § _ This ' strument w s acknowl d before me on September cZ, 2001 by ~((' .ate ofSHP- Callaway Land GP, LLC, a Delaware limi liability company, as General Partner of SHP-CALLAWAY LAND, L.P., a Delaware limited parrne~hip, on behalf of such limited partnership. GABRIELf.P OtUN Matary Pabiic, 6tste of Nenr~ Na OtOT5i17629+~ NOTARY PUBLIC IN AND FO Qnallfted ~n Nassau Co 3 THE'-STATE OF ~~ ~. Ca~mmixslarss Expires Apti! 2i My Commission Expires: (Printed Name of Notary) OCT 15 2001 10 05 FR CHICAGO TITLE DOIJNT~IN210 4E2 3717 TO 919797643496 P.06i07 ~ ~ L-~IiBIT "A'> "Fee Tract" Metes nand bounds descriptionofall that certain 0.333 acre tract or parcel ofland, lying and being situated in the J.E. Scott League, Abstract No, 50, College Station, Brazos County, Texas, and being a portion out ofthat same 5.015 acre tract conveyedfromRudyBriner, Trustee, to CallawayDevelopment Corporation, as described by deed recorded in Volume 3.750, Page 327, of the Official Records of Brazos County, Texas, said 0:333. acre tract being rnore particulazly described as follows: COMMENCING at a 1/2"ironrod found marking the north corner ofsaid 5.0I S acre tract and being also. the east corner of Lot 1, Bloclc 1, McDonald's Addition, as depicted by plat recorded in Volume 3331, Page I57, of said Official Records, and lying in the'southwest right-of--way line of the Union Pacific Railroad; ?HENCE. S 26 degrees, 13 minutes, I7 seconds E - 40.00 feet with said right-of-wayline to a l/2" iron rod set for corner, and being the PLACE OF BEGINNING. Said comer being also the intersection of saidright-of--way line with the southeast line ofa 40' wide private access easement as described in volume 2617, Page 334, of said Official Records; THENCE S 26 degrees, l 3 minutes, l 7 seconds E - 223.36 feet with said right of-way line to a 1/2" iron rod set for comer; THENCE S 63 degrees, 46 minutes, 43 seconds W - 65.00 feet across said 5.015 acre tract to a 112"iron rod set for corner; THENCE N 26 degrees, 13 minutes, 17 seconds W - 223.36 feet across said S.O15 acre tract to a I/2" iron rod set for comer, and lying in said easement line; THENCE N 63 degrees,. 46 minutes, 43 seconds E - 65.00 feet with said easement line to the PLACE OF BEGINNING and containing 0.333 acres of land. 5 OCT 15 2001 10 05 FR CHICAGO TITLE DO~INTWN210 4i;2 3717 TO 919797643496 P.07i07 , 0 ~~ ~~~• E~IlBTT `B" "Easement Tract" Metes and bounds description of all that certain 0.195 acre tract or parcel of land, being 40' wide access easement,. Iying and being situated in the J.E. Scott League, Abstract No. 50, CoIIege Station, Brazos County, Texas, and being a portion out of that same 5.015' acre tract conveyed from Rudy P. 1Briner, .Trustee, to Callaway Development Corporation, as described by deed recorded in Volume 3750, Page 327, of the Official Records of Brazos County, Texas, and being all that same 40' wide access easement described. in Volume 2617, Page 334, of said Official. Records, said 0.195 acre tract being more patbicularly described.as follows; BEGINNING at a 1/2" iron rod found marking the north corner of said 5.015 acre tract and being also the east earner of Lot 1, Block 1, McDonald's Addition, as depicted by plat recorded in Volume 3331, Page 157, of said Official Records and lying in the southwest right-of-way line of the Union Pacific Railroad; THENCE S 26 degrees, 13 minutes, 17 seconds E - 40A0 feet with. said right-of-way line to a point for corner, and said comer being also the intcrsectionofsaidrrght-of--way line with the southeast line of said 40' wide private access easement; THENCE S 63 degrees, 46 minutes, 43 seconds. W - 215.37 feet acrosssaid 5.015 acre tract with a said easement line to a comer, and lying in the right-of-way line of Marion Pugh Drive; THENCE N 18 degrees, 35 minutes, 42 seconds W - 40.36 feet with said right-of-way line to a paint for the east corner ofsaid Lot 1, McDonald's Addition; THENCE N 63 degrees, 46 minutes, 43 seconds E - 210.01 feet with the southeast line of said McDonald's Additionand with said easement line to the PLACE OF BEGINNING and containing 0.195 acres of Iand. 6