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HomeMy WebLinkAboutField Notess r 15' Wide Waterline Easement Across 30' Private Access Easement Between Lots 2 and 3, Block'•1, One Lincoln Place Richard Carter Survey, A-8 College Station, Brazos County, Texas Field notes of a 15' wide waterline easement lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of Lots 2 and 3, Block 1, One Lincoln Place, according to the plat recorded in Volume 690, Page 175, of the Official Records of Brazos County, Texas, and being more particularly described as follows: COMMENCING at the nail found in asphalt drive marking the common corner between the beforementioned Lots 2 and 3, Block 1, and in the northwest line of Lot 1; THENCE N 45° 28' 58" W along the common line between the beforementioned Lots 2 and 3, Block 1, same being the centerline of a 30' wide private access easement, for a distance 'of 300.00 feet and the PLACE OF BEGINNING of this easement; _, THENCE S 44° 31' 02" W 15.00 feet to a Hall set in the southwesterly common line between the 30' private access easement and a 15' public utility easement aper plat in Volume 690, Page 1751, same being the beginning of a curve concave to the northeast having a radius of 315.00 feet; THENCE Northwesterly along the common line between the 30' wide private access easement and the 15' wide public utility easement, for an arc length of 15.01 feet, the chord bears N 44° 07' 05" W - 15.00 feet; THENCE N 44° 31' 02" E across the 30' private access easement, same being across Lots 2 and 3, Block 1, for a distance of 30.04 feet to a nail set In the common northeasterly line of the 30' wide private access easement and the 15' wide public utility easement, same being a curve concave to the northeast having a radius of 285.00 feet; THENCE Southeasterly along the common line between the 30' wide private access easement and the 15' wide public utility easement for an arc length of 15.01 feet, the chord bears S 43° 58' 27" E - 15.01 feet; THENCE S 44° 31' 02" W 15.00 feet to the PLACE OF BEGINNING. Surveyed November 1999 By' ~ . 1~' ' , S. M. Kling R.P.L.S. No. 2003 kw99-0Yb:Wnodn.wl~ Cot' ~- o F FH SCI" ~ ~/ ~ !.~ ES~jLi#~ T7 on~S FvaQ f3oTj-~ v~/A T~'~ A ti! 0 ~C,,~~ , X1,2 ,~ L /,~c, ~CG2 J 7}/G~SL fLf~'~G B~L/`I ~ N ~ ~ o ~ C_o ~-S L F6AL DST Fort Ex~c~csn~. KLINO ENOINLcn~rvu nrvu rjunvtTlNCi ~~ '~ ,al 15' Wide Sanitary Sewer Easement Across 30' Private Access Easement ~. Between Lots 2 and 3, Block 1, One Lincoln Place • Richard Carter Survey, A-8 College Station, Brazos County, Texas ,; Field notes of a 16' wide sanitary sewer easement lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of Loi~s~2 and 3, Block 1, One Lincoln Place, according to the plat recorded in Volume 690, Page 175, of the Official Records of Brazos. County, Texas, and being more particularly described as follows: COMMENCING at the nail found in asphalt drive marking the common corner between the beforementioned Lots 2 and 3, Block 1, and in the northwest line of Lot 1; THENCE N 4fi° 28' S8" W along the common line between the beforementioned Lots 2 and 3, Block 1, same being the centerline of a 30' wide private access easement, for a distance of 187.30 feet to a nail found in asphalt marking the beginning of a curve concave to the northeast having a radius of 300.00 feet; THENCE Northwesterly continue along the common line between the beforementioned Lots 2 and 3, Block 1, same being along said curve for an arc length of 33.76 feet to the PLACE OF BEGINNING of this easement, the chord bears N 42° 15' 30" W - 33.75 feet; THENCE S 11 ° 16' 11 " W 19.18 feet to a nail set in Lot 2, Block 1 and in the common line between thQ 30' private access easement and a 15' public utility easement Iper plat in Volume 690, Page 175-, same being a curve concave to the northeast having a radius of 31 fi.00 feet; THENCE Northwesterly along the common line between the 30' wide private access easement and the 16' wide public utility easement, for an arc length of 19.37 feet to a nail set, the chord bears N 39° 30' 08" W - 19.36 feet; THENCE N 11 ° 16' 11 " E across the 30' private access easement, same being across Lots 2 and 3, Block 1, for a distance of 41.47 feet and corner in the common northeasterly line of the 30' wide private access easement and the 15' wide public utility easement Ilying in Lot 3, Block 11, same being a curve concave to the northeast having a radius of 285.00 feet; THENCE Southeasterly along the common line between the 30' wide private access easement and the 15' wide public utility easement for an arc length of 20.98 feet, the chord bears S 34° 22' 25" E - 20.98 feet; THENCE S 11 ° 16' 11 " W 18.86 feet to the PLACE OF BEGINNING. ItN99-02b:Ukwd".w~ Surveyed November 1999 By• ' S. M. Kling R.P.L.S. No. 2003 1 CONSTRUCTION AND MAINTENANCR AG~E1VI.lEN'I' This Agreement is made as of the ~ day of September, 2002, between LTHV #1, L.P., a Texas limited partnership with Levtex Hotel Ventures, Inc., a Texas corporation, as General Partner (hereinafter called "LTHV"), Spirit Development I, Ltd., a Texas limited partnership with Suite Spirit I, Inc. as General Partner {hereinafter called "Spirit") and James E. Robertson, Inc., an Arkansas corporation (hereinafter called "Robertson"). W1T.'vESSETH: WHEREAS, LTHV is the owner of the real property located at Lot 1R, Block 1, Wheeler Subdivision, Phase Two, a subdivision recorded in Volume 3490, Page 269 of the Plat Records of Brazos County, Texas (hereinafter called the "1GTHV Property"), and being more particularly described in Exhibit "A" as attached hereto; WHEREAS, Spirit is the owner of Lot 3, Block 1, One Lincoln Place, a subdivision recorded in Volume 690, Page 175 of the Plat Records of Brazos County, Texas (hereinafter called the "Spirit Property"), and being more particularly described in Exhibit "B" as attached hereto; WHEREAS, a portion of the Spirit Property is currently under a contract of sale to Robertson; and WHEREAS, LTHV, Spirit and Roberson (sometimes collectively hereinafter referred to as the "Parties"), desire that a pedestrian and vehicular access drive (the "Access Drive") be constructed between the LTHV property and tl~e Spirit Property (collectively hereinafter referred to as the "Properties") and further desire that the Properties be subject to the easements and the covenants hereinafter referenced and set forth; NOW THERFORE, for and in consideration of the premises, easements and covenants referenced and contained herein, the sufficiency of which is hereby acknowledged, LTHV and Spirit do hereby agree as follows: 1. Reciprocal Access Easements. Concurrently with the execution of this agreement, LTHV and Spirit agree to grant each other an easement for reciprocal access over ilte portions of the Properties within which the Access Drive will be constructed (the "Easement Properties") as more particularly described on Exhibit "C", attached hereto. 2. Construction of Access Drive. Spirit shall on or before March 1, 2003, construct a thirty (30) foot wide paved joint Access Drive over the Easement Properties entering the Properties from University Drive and the Western corner of the LTHV Property and continuing across the LTHV and Spirit Properties as indicated on the attached Exhibit "C". 3. Payment by LTHV. LTHV shall pay to Spirit the sum of TEN THOUSAND AND NO/100 DOLLARS (510,000.00) as reimbursement for construction of the Access Drive. 10/O1%2002 09:41 FAX 512 990 9217 COMMONWEALTH LAND TITLE ~ 002 Said sum shall become due and payable to Spirit at closing of the sale of the LTHV Property to a third party. 4. Payment by Robertson. Robertson shall pay to Spirit the lesser of TWENTY- FIVE PERCENT (2S%) of the costs of construction or the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) as reimbursement for construction of the Access Drive. S. Common Use. The Parties agree that the Access Drive and entrance apron to be constructed will, once constructed, be available for use by all owners, tenants, users, invitees, employees and customers of the improvements to be constructed on the Spirit Property and the LTHV Property. 6. Construction Standards. The construction to be conducted hereunder shall be conducted and completed in accordance with the following Construction 5tandazds: a. All construction shall be in accordance with all federal, state, county, City of College Station or local requirements as to codes, specifications, permits, licenses, fees or cenifications; b. All work shall be conducted in a lien free, workmanlike manner; e. All work shall be completed as promptly as is reasonably practicable and, to the extent reasonably practicable, shall be conducted in a manner which does not interfere with any owner's use or access to its property; and d. All work shall be conducted in a safe and non-hazardous manner. 7. Maintenance. Following completion of the Access Drive, Spirit will, at no expense to LTHV or to the LTHV Property, maintain the Access Drive and Easement Properties in good condition and repair. Spirit's maintenance obligations as to the Easement Property located on the LTl-YV Property will cease upon the sale of the LTHV Property to a third party. The maintenance is to include, without limitation, the following: a. Maintaining the surfaces in a level, smooth and evenly-covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal in quality, use and durability; b. Removing all papers, ice and snow, mud and sand, debris, filth and refuse; c. Placing, keeping in repair and replacing any necessary appropriate directional signs, markers and lines; d. Operating, keeping in repair and replacing, where necessary, such artificial lighting facilities as shall be reasonably required, in Spirit's sole discretion; and e. Maintaining, mowing, weeding, trimming and watering all landscaped areas and making such replacement of shrubs and other landscaping as is necessary. 8. Agents. Spirit may appoint a third party as an agent to maintain the Easement Properties in the manner as above outlined. 9. Rights and Oblii;ations of Lenders. If, by virtue of any right or obligations set forth herein a lien shall be placed upon the Properties or any portion thereof, such lien shall expressly be subordinate and inferior to the lien of any first lienholder now or hereafter placed on such Properties. Except as set forth in the preceding sentence, however, any holder of a first lien ~ 10/01/2002 09:41 FAX 512 990 9217 COMMONWEALTH LAND TITLE ~ 00~ on the Properties and any assignee or successor in interest of such first lienholder, shall be subject to the terms and conditions of this Agreement_ 10. Breach. In the event of breach of this Agreement, only the then record owncrs or any permitted designees of the owners of the Properties shall be entitled to institute proceedings for full and adequate relief from the consequences of said breach. The unsuccessful party in any action shall pay to the prevailing party a reasonable sum for attorney's fees and costs incurred. 11. Rights of Successors. The benefits and obligations hereunder shall create mutual benefits and servitudes running with the land. This Agreement shall bind and inure to the benefit of the Parties hereto, their respective successors and assigns. Any person acquiring fee or leasehold title to the Properties or any portion of the Properties shall benefit and be bound by this Agreement only as to the tract or portion of the Properties acquired and only to the extent that the acquired portion contains all ar portions of the Easement Properties. In addition, such person shall benefit and be bound by this Agreement only during the period such person is the fee or leasehold owner of such tract or portion of the tract, except as to obligations, liabilities or responsibilities that accrue during said period. 12. Duration. Unless otherwise cancelled or terminated by written agreement of the Parties hereto, their successors or assigns, this Agreement and the rights and obligations hereof shall remain in force for so long as Spirit owns any portion of the Spirit Property. 13. Entire A cement. This Agreement constitutes the entire agreement between the Parties hereto. The Parties do not rely upon any statement, promise, representation not herein expressed, and this Agreement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. 14. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas and the obligations of the parties hereto are and shall be performable in Brazos County, Texas. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. [Signatures appear on next page.) 10/01/2002 09:41 FAX 512 990 9217 COMMONWEALTH LAND TITLE ~ 004 LTHV #l, L.P. a Texas limited partnership By' Levtex Hotel Ventures, Inc. a Texas co ration, its general partner B y: Herbert L. Levine President SPIRIT DEVELOPMENT I, LTD. a Texas limited partnership By: Suite Spirit I, Inc. a Texas corporation, its general partner By: Thomas E. Kirkland President JAMES E. ROBERTSON, INC. an Arkansas corporation 13y: ~- ......._.._ ~m Robertson President 10/01/2002 09:41 FAX 512 990 9217 COMMONWEALTH LAND TITLE oa/2sizooz 1a:oe FtiY 512 890 8217 COMMONwEnt.TH LAND TITLE ~ 0005 LTHv #1, L.P. 3 Texas limited partnership By: LevteY Hotel V tunes, inc. a Texas cote tion, ics general penmen gy. ! ^.Qi Herbert L_ Levine President SPIRIT DEVEY.OPNtENT I, LTD. a Texas limited partnership By: Suite Spirit I, Inc. a Texas corporation, its general panner Y~ Thomas E. Kirkland Presidett JAMES E. ROBERTSON, INC. an Arkansas corporation By: Jim Roberson President STATE OF TEXAS COUNTY OF ' ~ ~~.o -~ , This instrument was acknowledged before me on this 1~hday of a ~~- X2002, by Herbert L. Levine, President of Levtex Hote) Ventures, Inc., a Texas corporan n, the general partner of LTHV #l, L.P., a Texas limited partnership, on bejtalf of said corporation and limited partnership. _ /f ~ , B NARBOtdR Notary Pnbllc, Stole o' Texas ~? My Commisaion Expires oP JUNE 30 2003 STATE OF TEXAS § COUNTY OF K t~ § for the State of Texas This instrument was acknowledged before me on this day of S ~ r 2002, by Thomas E. Kirkland, President of Suite Spirit I, Inc., a Texas corporation, the general partner of Spirit Development I, Ltd., a Texas limited partnership, on behalf of said corporation and limited partnership. _ ~PPV P~e~~,, /_ ' ~'~ c woosTER • worms ruyt sbae o+~os Y~1~ ~ , ' ~f C01~ ~,d9~2009 °~..~~~~ ~~~~re STATE Oh ~/,~S/SS~~io/ § COUNTY OF § Notary Public in and for the State of Texas This instrument was acknowledged before me on thisoZ~~ day of 002, by Jim Robertson, President of James E. Robertson, an Arkansas corporation, on behalf of said COrpOratiOn. ~~~.••~~• a.., N MAO/S'''•. ~Q~;'c~ptAgY'•; o~~ _i W ~ ; C = Notary Pu c in and for ~ ' ~'c0"'"'~0"~: y : the State o ~J/SS/SS/~P/ 3 va ' Odobt2~, 2005 • ~,~! 7d =. A ~G .' i ;,,d vB~,,.. ~~~. 10/O1%2002 09 EXHIBIT A LTHV PROPERTY r~oo7 Lot 1R, Block 1, Wheeler Subdivision, Plaase Two, a subdivision recorded in Volume 3440, Page 264 of the Plat Records of Bra2os County, Texas 10;01%2002 09:42 FAX 512 990 9217 COMMONWEALTH LAND TITLE EXHZ$IT $ TO CONSTRUCTION AND-MAINTENANCE AGREEMENT TRACT OQ78 ALL ?if]-T CSRTAIDi TRACT OF LARD LYZNG AlID HEINC SITtDiTSD IN COLLEGE 8?ATZQmt. SRA2pS CpUSrrY. TE7CA8, S711D T7i1-G? SSS3t0 A PORTION OP LOT 3. BLOCK 1, Oa1E =,ZaTCpI,H p7,ACE, ACCORDIDiG '!i0 T!~ PLAT RSCORDID YI~1 VOLUlO: 690. PAGE I75 OP TH3: OFFICIAL RECORDS OF aR7-ZOS COLl~ii7, TEXAS, 6AYD I.O? 3 $EZNG THE SAil~ TRACT OF LArID A8 ri8SCR28RD HY A DEEb TO SPIRIT DSVSLApi~1T I , LTD . , RSCORD~ ZH VOLDMB 2 7 8 6 , PAGE 3 0 8 OF TFIE OFFICIAi. PUBLIC RECORDS OP Hlt]-ZOS CODNTY, TE7CAS. BALD TRAL`r 88ING MOR$ FAR?IG~TLARi.X DESCRIBED HY !~"!ES A!ID aOL0iD8 A5 FOLLOMS t C~O~aiCIN~O at a 1/S inch iron rod • Eoutnd oa tl~a sontheaat right-of=say line of vaivereity Drive (140' A.O. p.) ;parksnngg th^ aorthoast corner of said Lot 3 sad the vest COraoz of Let 1, Block 1. Wheeler Subdivi-eion, phase Two; according to the plat recorded in Volwne 3308, Page 43 of the official public Records of BraLOS CAUaty, Tsacis Eor reference a i/2 i.tsch iraa rod found on the northeast line of Un~veraity Drive tparkiag s eo~oa hornar of said Lot 3 sad Zot 2, clock 1, bee Lineolri Place, bears 8 66 deg=see 55 eainutae Z7 eeconda if =or a diatanca of 176.79 Peet; Z70~CL' S 49 degrees O1 minute OZ sacoada E Hoaagg tho commga line of said Lot 3 and Lot 1, Hlock 1, Wheeler 9ubdi•+isian. phase Two, for a diatarice of 61.85 feet to a 5/6 inch iron rod set u~arlciag the POINT OF BEG?AtDtLTOQ of this herein dsseribed tract; ~ 9 49 degrees O1 miauta 02 oecoads E coatihuing along the common line o! 6aid Lot 3 and Lot 1, aloCk 1, 1~heeler 8ubdivisiosz, phase Two. ter n distance of 251.38 feet to a 1/2 inch iron rod found on [ha sauthrreat 1l..ae of a called o.4o acre tract described ae tract two b'}' a deed to the L7:F3Plki, L.p„ recorded iai Volume 3314, Pages l45 of the of#ici.al Aublie Records of Bxatos Cooney, Teases, said 0.40 acre tract being a portion of the 6.47 acre reaerva tract according to the plat of said 1Qheeler SubdivisioA, phase Tw (3308/43), said iron rod found Placeag a common corner of said LoL 3 and Lot 1, Hlock 1, One Lincoln T~iC~ S 41 degrees 00 minutes 03 seconds iP along the Goaanon line of said Lot 3 and Lot 1, 91ock 1 One LinCOltt Place, Par a distance of 340.54 feet to a P3C nail found' in aaphplt marking a capn~oa Cosner of said Lots 2 and 3, Pao Lincoln Place; T~1GE IQ a6 d^gzees 59 d-iautes 42 aeeonds W along the common line of said Lota 2 and 3, One Llncolr~ Place, for a diataaice o! 187.28 feet to ~ Pk nail found in asphalt marking the beginning of a Clockwise curve baying a radius o! 300.00 feet; continuing along the eammoa line of said Late Z and 3, One Lincoln Plata, and along said curve through a central eagle of 12 degrees 12 miautaa 53 seconds for an arc distance of 64.63 feet (Chord bOa;° N 42 degrses 49 miautea 52 secoad9 p - 64.70) to a Pk nail set in asphalt.dsrkiag the west corner of this bereia described trACt, fOY rmmference, a PR nail found is aapbalt oa the cvnn~ea lice of said Lota Z sad 3 marking the andiag point of said curve bears a Chord of N ZB ~J~@~ 50 edaut~s 47 eeedna.. m - a~ oe. W 41 degs~ees 02 a~ittutea Zi aecands E thz h said Lot 3 Eor a distance o! 333.50 l4et t0 the HOI41T OF aBGI containing 1.9625 aerea of laced more or leAS. TRACT Z7t0; 6asaa~ant riyyhCS ;[a u~d to that certaif~ privates access easement o! varied ~ridth as eho~.n. on plat recorded 3,t~ Volua-e 690, Page 175, Official ~leaorda, erases Ceuaty, Texas . TRACT T1•II:SB: ~ ooa Eaeaipeat rights iA 4nd td that certalA Access sasemeat as described iA 1-elunme SB3, Page 19A, Deed Records, Brazos County, Texas, and as sh~ao on plat recorded is yolunse 690, Page 175, Official R+acorde, Brazos County, Texas. 10%01%2002 09:42 FAX 512 990 9217 COMMONWEALTH LAND TITLE 1~j009 E703tBIT S 'I'O CONSTRUCTION & MAINTENANCE AGREEMENT Tyeld Note 455 ONE LINCOLN PLACE UDG #00365 1.01 ACRE TRACT DESCRIPTION DESCRIBING 44.024 SQUARE FEET, (1.01 ACRES) OF LAND SITUATED IN THE RICHARD COSIER SURVEY, ABSTRACT NO. 8, COLLEGE STATION, BRA.ZOS COiJNTY, TEXAS AND BEING O'UT OF LOT 3, BLACK 1, ONE LINCOLN PLACE SUBDIVISION RECORDED IN VOLUME 690, PAGE 175 OF THE PLAT RECORDS OF BRAZOS COUNTY, TEXAS, SAID 44,024 SQUARE FEET (1.01 ACRES) OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at an iron and found at the north comer of the said I.,ot 3, same being the west comer of Lot 1R Block 1 Wheeler Subdivision Phase Two, a subdivision recorded in Volume 3308, Page 43 of the Plat Records of Brazos County, Texas; THENCE, S49°00'55"E along the common line of the said Lot 3 and Lot of 1R, a distance of 65.28 feet to an iron rod set; THENCE, through the interior of the said Lot 3, the following five (5) courses: 1) 541°01'26"W, 141.84 feet to an iron rod set; Z) S48°58'34"E, 27.50 feet to a P-K nail set; 3) S41°01'26"W, 91.45 feet to a P-K nail set; 4) N48°58'34"W, 27.50 feet to an iron rod set; 5) S41°01'26"W, 101.01 feet to a P-K nail set in a concrete drive on the southwest line of the said Lot 3; THENCE, along the common line of the said Lot 3 and Lot 2 Block 1 of the said One Lincoln Place the following Two (2) courses: 1) Along a curve to the right with a radius of 300 feet, central angle of 16°13'38" whose chord bears N29°11'52"W and chord distance of 84.68 feet to a PK nail set in concrete drive; 2) N21 °06'36"W, a distance of 130.34 feet to an iron•rod set, same being the west corner of the said Lot 3; THENCE, N68°56'26' along the common line of the said Lot 3 and University Drive, a 140 foot Right-of--Way, a distance of 276.9 feet to the POINT OF BEGINNING and containing 44.024 square feet (1.01 acres) of land mare or less. r~oio EXHIBIT C - TO CONSTRUCTION AND MAINTENANCE AGREEMENT FIELb NOTE 424 _ ONE LINCOLN PLACE UDG # 00-365 0.083 ACRES TRACT 1 DESCItB'I'ION DESCRIBING 3,630 S QUARE FEET, (0.083 ACRE) OF LAND SI'T'U'AT'ED IN THE RICHARD- COSIER SURVEY, ABSTRACT N0.8, BRAZ03 COUNTY, TEXAS AND BEIl~TG PART OF L03' 1R, BLOCK 1, V~ SUBDTVISION* PHASE TWO, A SUBDIVISION RECORDID IN'VOI,UME 3490, PAGE 269 OF ~ PLAT RECORDS OF BRAZOS COUNTY. TFxAS, SAm 3,630 SQUARE FEET (0.083 ACRE) OF LAND BEfNG MORE PARTICTJLAItLY DESCRIBEb A$ FOLLOWS: 6EGINNING at a point a~ the northerly lino of said Let IR aztd southerly line of Ualverslty brive (140 foot Right-of-Way) being N68'SSZ9"E, a distance of 3.18 feet fivm m iron rod found at th southwest area of said Lot 1 R, same bciug the uotthe~st corner ofLot 3, Block 1, One Lincoln Place, a subdivision recordod in Vol. 690, Page 175 of the Plat Records of Bra~oa Coanty, Texas; THETICE, N68°55'29' slang the northerly line of sa[d Lat llt, a distffiice of 60.00 fcct to a paint? THENC> ;through the intarivr of said Lot 1 R fife following ta+o (Z) courses: 1) 821 °04'31 "E, a distanoe of 94.66 i~ to a poiafi 2) 540°59'55"W, a disrtance of 11.46 feet tv a point on the evmmvn line of said Lot 1R and Lot 3, Block 1; TFIENCB, N49°00'55"W along said common lino, a distance of 106.44 feet to a point; T~1CE, N21°04'31 "W, a distance of6.00 feet to the POINT OF BEC3IIVNING and containing 3,630 square feet (OA83 acre) of land more or less. Surveyed by ' URBAN DESIGN GROi 3660 Soonerldga Road, # Austin, Texas 78?46 (512)34?-0040 Sketch of map attached_ Bearing Basis/Coordinate System Ellipsoid: World Geodetic System 1984 Zone: Texas Central NAD 83 Reference Cowl Poirn: City of College Station 1994 GpS Central Mon No.1?Z C:Volts~One ta+ts°la Pla°e - 00,3651Fe1d Neva a74.wpd o9: a3 FOLD NOTE 425 LIDG # 00-365 ONE LINCOLN PLACE 0.046 ACRES TRACT 2 DESCRIPTION DESCRIBING 2017 SQUARE FF,ET, (0.046 ACRD OF YANp sTUATED l N'THE RICHARD COSTER SURVEY, ABSTRACTNO. 8, BRAZOS COUNTY, TEXAS ANp gE~Q pART OF LOT 3, BLOCK 1, ONE LINCOLN PLACE, A SUBDIVISION RECORDfib IlV' VOLUME 690, PAGE 175 OF ~PLATRECORD9 OF BRAZOS COUNTY. TEXAS, SAID ?.AI7 SQUARE FEET (0.046 ACRD OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: $EGIIJNINC} at a point on tine common line of said Lot 3 and Lot 1R, flock 1 of Wheeler Subdivision, Phsae Two, a subdivlsia~n reccatded in VoI.3490,Page 269 of the Plat Records ofHraws County, Texas, being S49°40'SS"E, a distance of 6.79 feet from an iron rod foemd at the nacthea.9t coarser og said Lot 3, carne beitag the southwest coarser of said Let 1R; THENCE, S49°00'S5"E along said enrtsmon Tine, a distance of 106.44 feet to a point, THET<1CE, through the intCCior of said Lot 3 the following threw (3) courses: 1) S40°S9'S 5"W, a distatwe of 24.10 feet to a point; , 2) N49°p0'OS"W, a dis~ice of 61.01 frct to a pomti, 3) NZ 1°04'31 "W, a distance of 51.41 feet to the PO11VI; OF BEGINNING and cantainiog 2017 square beet (0.045 acre) of lactd mare or lass. Surveyed by URBAN DESIGN GROUP 3660 Stoneridga Road, # EIO Austin, Texas 78746 (SI2) 347-0040 Sketoh or map attached. Scaring Basis/Coordittate Syytcm Ellipsoid: World Geodetic System 19$4 7.one: Texas Cep NAD 83 ~-g=o'tr Refhrence CotYCtnl Point; Station 1994. GPS Central Mon No_ 122 City of College c:u°e~ve. i~ ~, _ oa3as~aa Dwo, saswpa 10/01/2002 09: 4a FAX 512 990 9217 COMMONWEALTH LAND TITLE ~ 012 ~. '~,. ~xHi~~-r ..A,; TO ACCOMPANY ~.M, •424 AND 425 OFiAPHIC SCAtF ao 0 1s so (1N t='t~~ r' y~ ~~~ ~w~ ti~y~~'1 ,~ J~yGNE'Ji o O~p1;~ N~c~, a . LEGENp • ~ IRON ROD FOUND ~ = PK NIUL SE'C ' - -' - ~ EASEMENT UNE (XXXX) =RECORD INFCRMATJON . (VOL 3490, PG_ Z89) = Ro.w uNE LOT 1R BLOCK i WHEELER SUBDIVISION PHASE TWO VOL.3~90 PG. 269 10,0' PUBLIC UTILITY EASEMENT ~ VOL 3490 PAGE 269 A~/NT OF pEG/NN/NG TRACT /, l°C1/NT QF REFERENCE r,~wcr 2 ,~ ,~~ .'~' h LOT 3 BLOCK i ~~ ti ONYOLI680 G 175CE ~!~~ 4~' 1.96 ACRES ~~` m~ Bearing 9osis/Coordinat® Syatam ~,~~ Oy Ellipsoid: World Geodetic System 198A / a Zane: Texas Central xa0 133 Reference Control Point: T„1 C T ty of Co I t e9e S+at I on L 2 1994 GPS Central l3 OF Man- Nv. 1z2 L4 ,•.~ -.:•.~!~~. T T.t le Commitment Note: A I I "r of armor i on regard T ng record easements. V NQELL and ether documents wli i ch might affect tM i s M+•..~...wr... 2,433 ,,; survey shown n®ron was gained front T i t l e ~^•Q- Commitment File Ne.136472 prepored by S a =•°•'~ ~ COrtnpnwea I 'th Land T t t l e T ns~rant e SUA`~~ company dote issued May 3.2002 Duty Swte Rote! - 97-338~M~vosiatla+~ACCESSExhtbit.dgn (N45° 29'30"W) 1313.22') ---- N49° 00'S5"W-- _ _ 2Q0.70' o -~1r -~ ° cr+ ca v,---------~ - ---- CITY ANA EASEMENT UNE TABLE N68° 55' 29"E 3.18' Nag' 00' S5 "w 6.79' N21° 04' 31"W 6.00' 540` 59' 55"W 11.46' ~e sro~eoi teo~a ~VirE Eol M19Tdl Tpca9 797 vMowo t3n1 ya~oe~0 -Aft. 1521 ]~9-T3M 4.°A; i Cf/fRNM10G.CAw n ~~ w°: w°w,Wp,COr ~6lrW~~llt G t10G J09 •00-365 10/18/2002 11:24 FAX ._512 990w9217 COMMONWEALTH LAND TITLE f~001 ~ ~7`~ Doc Bk Vol Pg _ 0ib790430 OR At369 252 ' RETURN T0: ' BRAZOS COUNTY A9STRAC COMPANY GF~ ~ Casement Agreement for Reciprocal Driveway Access Date: September ~, 2002 First Party: Spirit Development I, Ltd., a Texas limited partnership First Forty's Mailing Address: Spirit Development I, Ltd. 7502 Greenville Avenue, Suite 500 Dallas: Texas 75231 Dallas County Second Party: LTHV #1, L.P., a Texas limited partnership Second Party's Marling Address: LTHV #1, L.P. 9660 Old Katy Road Houston, Texas 77055 Harris County First Party's Dominant Estate Property: See Exhibit "A" attached hereto and incorporated fully by reference First Party's Easement Property: See Exhibit "A-1" attached hereto and incorporated fully by reference, also herein referred to at the "'1<'ract 2 Easement" Second Party's Dominant Estnte Property: See Exhibit "B" attached hereto and incorporated full}~ by reference Second Party's Easement Property: See Exhibit "B-1"attached hereto and incorporated fully by reference, also herein refcned to as the "Tract 1 Easement" Easement Purpose:l~or providing free and uninten-upted pedestrian and vehicular ingress co, egress from, and access across the Tract 1 Easement and the Tract 2 Easement and between University Drive and (as applicable) First Party's Dominant Estate Property and Second Party's Dominant Estate Property. Consideration: The sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties. Reservations from Conveyance by First Party: None. Exceptions to Warrlnty by Tirst Party: None. Reservations from Conveyance by Second Party: None. 10%18/2002 11:24 FAX 512 990 9217 COMMONWEALTH LAND TITLE 1~j002 Doc Bk Vol Vg 00790430 l]R 4869 253 Exceptions to Warranty by Second Party: None. Grant of Easements: First Party, for- the Consideration, grants, sells, and conveys to Second Party and Second Party's heirs, successors, and assigns an easement over, on, and across the property described on Exhibit A-1, First Party's Easement Property, for the Easement Purpose and for the benefit of the Second Party's Dominant Estate Property, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the `"Tract Z Easement"), to have and to hold the Tract 2 Easement to Second Party and Second Party's heirs, successors, and assigns forever. First Party binds First Party and its heirs, successors, and assigns to warrant and forever defend the title to the Tract 2 Easement in Second Party and Second Party's heirs, successors, and assigns against every person whomsoever lawfully~claiming or to claim the Tract 2 Easement or any part thereof to the extent that such claim arises by, through, or under First Party but not otherwise. Second Party, for the Consideration, grants, sells, and conveys to First Party and First Party's heirs, successors, and assigns an easement over, on, and across the property described on Exhibit B- l, Second Party's Easement Property, for the Easement Purpose and for the benefit of the First Party's 1:7ominant Estate Property, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Tract 1 Easement"), to have and to hold the Tract 1 Easement to First Party and First Party's heirs, successors, and assigns forever. Second Party binds Second Party and its heirs, successors, and assigns to warrant and forever defend the title to the Tract 1 Easement in First fatty and First Party's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Tract 1 Easement or any part thereof to the extent that such claim arises by, through, or under Second Party but not otherwise. Terms and Conditions: The following terms and conditions apply to the Easements granted by this agreement: ),. Character of Easements. The Easements are appurtenant to and run with all or any portion of the Dominant Estate Properties, whether or not the Easements are referenced or described in any conveyance of all ox such portion of the Dominant Estate Properties. The Easements are nonexclusive and itrevocable. The Easements are for the benefit of First and Second Parties and their heirs, successors, and assigns who at any time own the Dominant Estate Properties, any portion thereof, or any interest in the Dominant Estate Properties or any portion thereof (as applicable, the "Holders"). 2. Auration of Easeme~tts. The duration of the Easements is petpetual. 3. Reservution of Righrs. Each Party reserves for that Parry and that Party's heirs, successors, and assigns the right 'to continue to use and enjoy the surface of the Easement Property on that Party's Dominant Estate for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Holders for the Easement Purposes. Each Party reserves for that Party and that Party's heirs, successors, and assigns the right to use all or part of the Easement on that Party's Dominant Estate in conjunction with Holders and the right to convey to others the right to use all or Doc Bk Vol Pg 00790430 O!2 4869 254 part of the Easement on that Party's Dominant Estate in conjunction with bIolders, as long as such further conveyance is subject to the terms of this agreement and the other users agree to bear a proportionate part of the costs of improving and maintaining the Easement. 4. Secondary Easement. Each 1<Iolder has the right (the "Secondary Easement") to use as much of the surface of the Dominant Estate Properties that is adjacent to the Easement Properties (the "Adjacent Property") as may be reasonably necessary to install and maintain a road reasonably suited for the Easement Purpose within the Easement Properties. However, each I-Iolder must promptly restore the Adjacent Property to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 5. Improvement and Maintenance of Easement Property. Improvement and maintenance of each Easement Property will (except as may otherwise be agreed to in writing) be at the sole expense of the owner of the First Party's Dominant Estate Property. Each Dominant Estate owner has the right to eliminate any encroachments into the Easement Property located on that Party's Dominant Estate. Except as may otherwise be agreed to in writing, the owner of the First Party's Dominant Estate Property sha]1 maintain the Easement Property in a neat and clean condition and at no cost or expense to the owner(s) of the Second Party's Dominant Estate. The maintenance obligations as stated herein of the owner of the First Party's Dominant Estate shall cease as to the Second Party's Easement Property upon the sale by the Second Party of the Second Party's Dominant Estate Property to a third party. Except as may otherwise be agreed to in writing, each Dominmit Estate owner has the right to construct, install, maintain, replace, and remove a road with all culverts, bridges, drainage ditches, sewer facilities, and similar or related ttdlities and facilities under or across any portion of the Easement Property (collectively, the "Road Improvements"). Al] matters concerning the configuration, construction, installation, maintenance, replacement, and removal of the Road Improvements are at each Dominant Estate owner's sole discretion, subject to performance of its obligations under this agreement. On written request by either Party, the owners of the Easement Property will execute or join in the execution of easements in form and substance reasonably acceptable to such Parties for sewer, drainage, or utility facilities under or across the Easement Property. 6. Equitable Rights of Enforcement. These Easements maybe enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the Forties to or those benefited by this agreement; provided, however, that the act~of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other tights or remedies available at ]aw or in equity. 7. Attorney's Fezs. If either Party retains an attorney to enforce this agreement, the Party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 8. Binding Effect. This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. 512 Doc Bk Vol Pg 00790430 OIL 4669 255 9. Cholce of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in Brazos County. 10. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. Al] counterparts will be construed together and will constitute one and the same instrument. 11. Waiver of Default. It is not a waiver of or a consent to default if the nondefaulting Party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by )aw. 12. Further Assurances. Each signatory Party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions! and conditions of this agreement and all transactions contemplated by this agreement. 13. Indemnity. Each Patty agrees to indemnify, defend, and hold harmless the other Party from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision of this agreement by the indemnifying party. 14. Integration. T~ris agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the Fatties. The Parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement other than the Construction and Mai~ttenance Agreement of even date herewith between the Parties and lames E. Robertson, Inc. 15. Legal Construction. If any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the Parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. 16. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement- Notice may also be given by, regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 10/18;2002 11:26 FAX 512 990 9217 COMMONWEALTH LAND TITLE UN/(J/(4!U( li:U/ YAA alL HtlV UY11 I.VNMVav»LAL111 LAI~U 11iLL f~005 t(1 V Doc Bk Vol Rg 00790430 OR 4669 256 17. Recitals. At}y recitals in this agreement are represented by the Panics to be aCCUra[c, and constitute a part of the substantive agreement. 18. Time_ Time; is of the essence. Unless otherwise specified, a!1 references to "days" mean calendar days. Business days txcludc Saturdays, Sundays, and legal public holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for performance will be the next following regular business day. FIRST PARTY: SPIRIT DEVELOPMENT 1, LTD. a Texas limited partnership $y: Suite Spin[ I, Inc. a Texas corporation, its general partner By; ~~~~`'"'~ Thomas E. Kirkland President SIrC~ND PARTY: LTHV ~l, L.P. a Texas limited pannorship By: Levtex Hotel Ventures. Inc. a Texas c Sion, its general partner By' _~_ Herber L. Levine President 10/18/2002 Doc Bk Vol Pg 00790430 OR 4869 257 17. Recitals. Any recitals in this agreement are represented by the Par[ies to be accurate, and constitute a part of the substantive agreement. 18. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for performance will be the next following regular business day. rIRS'I' PARTY: SPIRIT DEVELOPMENT T, LTD. a Texas limited partnership By: Suite Spirit I, Inc. a Texas corporation, its general partner By: Thomas E. Kirkland President SECQ:~iD PARTY: LTITV #l, L.P. a Texas limited partnership By: Levtex Hotel Ventures, Inc. a Texas c ation, its general partner sy: _. Herbert L. Levine President 10%18/2002 11:26 FAX 512 990 9217 COMDiONWEALTH LAND TITLE fm 007 Doc Bk Vol Pg X0790430 OR 4969 258 STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this oC ~ day of x2002, by Thomas E. Kirkland, President of Suite Spirit I, Inc., a Texas corporation, the general partner of Spirit Development >{, Ltd., a Texas limited partnership, on behalf of said corporation and limited oartnershi~. ~ -°' A "Pua a, ~ l Ho7vy Publw Stamp 01 T~ / NyCommtsslontrWraattm~zo01 Notary Public in and for ,~'~ of i~w', the State of Texas STATE OF TEXAS COUNTY OF Naar r ~ ~~ This instrument was acknowledged before me on this , ~ day of Se~"`~~-; 2002, b Herbert L. i„evine,~President of Levtex Hotel Ventures, Znc., a Texas corporatton, the general Y partner of LTHV #1, L.P., a Texas limited partnership, on e~alf of said corporation and limited pannership. /) n ,. B HARBOUR F~ ~ Nolary Pubic, Stole d Texos ,~ My Commtsslon Expires oP JUNE ~30 2003 Nota~c-Pfiblic in and for the State of Texas AFTER RECORDII'+1G, RETYTRN TO: COMMONWEA LAND TITLE 103 S. 12TH PFLUGER LE, TX 78660 0®790430 OR 49691 2598 E71HIeIr a to EASEMENT FoR RECIPROCAL ACCESS TRACT' 0~ 7-2.1, THR= CHitTAIN TRACT OF LA1QD LYIDIG ADTD SzINC $ITUI-I'6D IIS COLLEGE sTATIOei, H~RAZ06 COVOiTY, TEXAS , SAID 'r~-CT SgINO A PORTION OF LOT 3 , BLOCK 1r CAdE LINCOLN PLACEr ACCORDING TO Tf~ PLAT RECORDED II'f VOLUME 690, PAGE 175 OF THE OFFICIAL REC~AS pESCBRRIHSD BYVA D~ TO SPIRIT psVSA I~L~ ~CO~,~~ ~ VOLITN~ 2786, PAGE 308 OF TIC OFFICIAL PUBLIC ItSCORp3 OF SRAZOS COCiQTY, SAS. SAID TR7~C'P BEING MORE PARTICtTLARLY DHSCRIHED 8Y t~tEb ADm SOUNDS AS FOLS,OaS ~ COl4~:bTCINO at a :1/2 inch iron rod feund on the eouthaast right-ef=way line of tlniveraity Drive (340' R.O.W.) marking the northeast corner of said Let 3 wad t.7se west eos~er of Lot i, Block 1, Wheeler Subdivi-$ion, Phase Tw, accereiing to the plat ratorded is Vrlex~aa,33!`c=•retereaceoa the official Pudic Records of ere-yos County, 1/2 inch iron Xqd found on the northeast line o! University Drive marking a COlIQ110A earner of said z.ot 3 and Lot 2, Block 1, One Lincoln Place, bears S de degrees 55 minutes 27 eecot1da N for a distance of 276.79 feet; TfIIr1JC$ B 49 degrees 01 minute 02 secomda $ along the coayuoa line of said Lot 3 wad 1;ot 1, Sleek 1, wheeler Subdivision, Phase rwe, for a distance of 61.85 feet to a 5/8 inch Stun rvd net tearking the POINT OF HSGZN~T2210 of this hereir- described tract; Tf~1JCE $ 49 degreta O1 minute o2 seconds E continuing along the common lice e! said Lot 3 and Lat 1, Hloek 1, fiheeler Subdivision, Phase, Two, for a distance of 251.38 feat to 4 1/2 inch iron rod found an the southwest line of a rallad 0.40 acre tract described ae tract two by a deed to the LTA#l, L.8_, recorded in Volume 3314, Page 145 of the Official puhlic~Recards of Brazos County, Terms, said 0.40 acre tract being a portion•of the 6.a7 acre reserve tract according to the plat of said Wheeler'SUbdivi9lon, Pbaee Two (3308/43), said ~roa rod found metrkii-g a common cersser of said Lot 3 sad Lot 1, Block i, One Lincoln PlaeeJ T~ 6 41 degrees 00 minutes 03 sdCOnds M along the eon+neon line of said Lot 3 sad I,ot 1, Block 1, One Lincoln Place, for a distance of 340.54 feat to a P1C nail found in asphalt marking a common Corner of acid Lots 2 and ;3, Onw Lincoln Place? T~NC2; N a8 de zees S9 minutes 42 seconds w along the common line of said 1,ota 2 and 3, One I,inroln Place, for a distance of 187.28 feet to a Pk nail found .in asphalt working the beginning of a cloek~+ise curve having a radius~of 3oo.OD feet; Tt~A/CE eoatinuiiag along the co~-oa line of said Lots 2 sad 3 , One Liacolta Place, and along said-curve througgh a central angle of 12 degrees 22 minutes 53 seconds for an arc distance of 64.63 feet (Chord bears 11 42 dagrpee 49 iaiautes 52 seconds w - 6a.70) to a Pk nail see in aspbalt.mar3c~ag tlse treat corner of this 2~erein described tract, for refessnea, a PI[, nail found in asphalt ea t.~sa cvaa~a line o! acid Lots 2 and 3 fiarking!t.he ending point of said curve bears a Chord of N 2B degress 50 minutes 47 aecones N - 81.37; ' TH>'~CE 1~. 41 deg~asa 02 minutes 91 seconds E through said Lot 3 for a distance of 333.SO l.ak to the POIDiT OF BSGINNIN6 costa+*+;^.~ i.96Z5 acres o! land more or iaAa_ TIiJ1Cr T110: Eawavneat rightsiln sad to that certain private access easement of varied tridth as ; aho~va. 'oa plat recorded is Vplufne 690, Page 175, Official lecosde, erasos County, Texas. 17i1-C'T Z3IIi8$ Eaeemaat righ,ra,isx sad to that certain Access Easwmsnt ae described in Volume 583, Pag/ Z99, Dead Records, Brazos Cauxtty, Texas, and as shv~rao oA plat ietvrded in Veluroe 690, Page 175, Official Rocarde, Hz'aZOa CvuAty. Texas. 10%18/2002 11:27 FAY 512 990 9217 COMMONWEALTH LAND TITLE ~ 009 Dom", Bk Vol Pg f~079043e [lR 4669 260 EXAIBIT A ~TO EASEMENT FOR RECIPROCAL ACCESS Field Note 455 ONE LINCOLN PLACE UDG #00365 ~ 1.01 ACRE TRACT DESCRIPTION DESCRIBING 44.024 SQUARE FEET, (1.01 ACRES) OF LAND SITUATED IN THE RICHARD COSTER SURVEY, ABSTRACT NO. S, COLLEGE STATION, B~AZOS COUNTY, TEXAS AND BEING OUT OF LOT 3, BLOCK 1, ONE LINCOLN PLACE SUBDMSION RECORDED IN VOLUME 690, PAGE 1?5 OF THE PLAT RECORDS OF BRAZOS COUNTY, TEXAS, SAID 44,024; SQUARE FEET (1.01 ACRES) OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNII~tG at an iron "rod found at the north comer of the said Lot 3, same being the west corner of Lot 1R Black 1 Wheeler Subdivision Phase Two, a subdivision recorded in Volume ' 3308, Page 43 of the Plat Records of Brazos County, Texas; THENCE, S49°00'SS"E along the common line of the said Lot 3 and Lot of 1R, a distance of 65.28 feet to an iron rbd set; THENCE, through the interior of the said Lot 3, the following five (5) courses: 1) S41°01'26"W; 141.$4 feet to an iron rod set; 2) S48°58'34"E,;27.50 feet to a P-K nail set; 3) S41°01'26"W, 91.45 feet to a P-K nail set; 4) N48°58'34"VV;', 27.50 feet to an iron rod set; 5) S41°01'26"W; 101,01 feet to a P-K nail set in a concrete drive on the southwest line of the said Lot 3; THENCE, along the common line of the said Lot 3 and Lot 2 Block 1 of the said One Lincoln Place the following Two (2) courses: 1) Along a curve to the right with a radius of 300 feet, central angle of 16°13'38" whose chord bears N29°11'52"W and chord distance of 84.68 feet to a PK nail set in concrete drive; 2) N21°06'36"W, a distance of 130.34 feet to an iron rod set, same being the west comer of the said Lot 3; TfIENCE, N68°56'26"E along the common line of the said Lot 3 and University Drive, a t 40 foot Right-of--Way, a distance of 276.9 feet to the POINT OF BEGINNING and containing 44.024 square feet (1:01 acres) of land more or less. 10`18%2002 11:27 FAX 512 990 9217 COMMONWEALTH LAND TITLE f~ 010 ERHIBIT A^-1 00790430 OR 48691 2619 to EASII~NT 1.OR RECIPBOCAb ACCESS FIELn NOTE axs ONE LnvCOLN PLACE UDG # 00-365 0.046 ACRES TRACT 2 DESCItiP'TION Dl/SCRIBIldG ?A17 SQUARE FEET, (0.046 ACRE) OF LAND SITUATED 1N TH£ RICHARD GOSTER SURVEY, ABSTRACTNO. 8, BRAZOS COUNTY, TEXAS ANT? HF.IIVp PART OF LOT 3, BLOCK 1, ONE LINCOLN PLACE, A SUBDIVISION RECORDSU IN VOLUMF,690, PAGE 175 OF THEPLATItECORDS OFBRAZOS COUN'I,Y, TEXAS, SAID 2p17 SQUARE FEET (0.046 ACRD OF LAND , HEING MORE PARTICULARLY DESGRIBEb AS FOLLOWS: BEGINNIlN'G at a point on tha common litre of said Lat 3 and Lot 1R, $ lock 1 of Wheeler Subdivision, Phase Two, a subdivision recorded in Vol. 3490, Fags 269 of the Plat Records of Brazos County, Texas, being S49°00'SS"E, a dLstanec of6.?9 feet ~com gn iron rod Sound at the noithra+t comer of said Lot 3, same being tine southwest corner oPsald Lot 1R; THENCE, S49°00'55"E~slong said oonuaon line, a dietaries of 106.44 feet to a point-, THENCE, through the imerior of said Lot 3 the foiIowit~g three (3) courses; I) S40°s9'S5"w, a distar~co aP 2a,10 feet to a point; , 2) N49°00'05"W, s distance of 61.01 feet to a point; 3} N2 i°04~ 1 «Vlr, a distance of 51.41 feet m the POINT: OF BEGINNING and containing 2017 square feet (0.046 euac) of laud more or Tres. . Surveyed by XJR.BAN DESIGN GROUP 3660 Stoneridge Road, # E10 Austit:, Texas 7874b (S12)347-0040 Skepolz or neap attached. ' Scaring Basis/Coordir~atis System Ellipsoid: world Geodetic System 1984 Zone: Texas Central NAD 83 c:~nds~oe~ Laeob: phoe - oasas~retd N.as 4aS.wpd Rcfereace Control Point: City of College Station 1994 GPS Central Mon No. 122 10/18/2002 11:27 FAX 512 990 9217 COMMONWEALTH LAND TITLE GRAPHIC SCALE so o ~s ~o ~ 011 EXHIBIT ~~/'•1~~ 00790430 OR 48691 2628 ACCOMPANY F.N. •424 ANA 425 . ~ ~~~ ~~~~ ~~~~~~ ~~ v ~~~ ~~ S~~ ~p~~~. C ~ Oyi ~. ~ ~41.~ ~ ~` ~~ ~~i '~~: ,~. o' ., 4 ~~ ~t'av . LOT 1R BLOCK 1 WHEELER SUBDIVISION PHASE TWO VOL. 3490 PG. 268 10.0' PUBLIC UTILITY EASEMENT ~-~ VOL 3490, PAGE 269 PD/NT OF dEG/NN/NG TRACT !, Po~Nr o~ RE'fERENCE ,~~. ry ~•~Qb'~ '~ ~ ~ti~~~ ,~~, ~,~ cam' ., a _ A LOT 9 BLOCK 1 ONE LINCOLN Pi.ACE vOL. e90 PG. 175 1.96 ACRES ~~ ©~- , LEGEND ' ~ ~ a IRON ROCi 1=0UND ~ ~ PK NAlL SET =EASEMENT LINE tXXXX) = RECORD INFORMItT10N (VOL. 3490, PG. X88) ~ RO.W. UNE vt~-~ tN45° 29'30"W) '' . ~ „1 1313.22') _ ---''~ --- N49° 00'55"W--- - - cn 20,0.10' J~ - -- - N Q. ..... ~V .. ~ cn • ~ ~ ~ .Oi' ~ 20.0' UTILITY AND WATER LINE EASEMENT VOL. 890 PG_ 176 Bearing eosin/Coordinate System El~lpsoid: wand Geodetic System 1984 Zone: Texas Central NAA 83 Reference Contra) Polnt: L1 Gity of [ollege Station L2 9994 GP5 Centro) ~,3 Mon. No. 122 ~ q ~'°d;•~ T1fite Commitment Nots: ,..««...•.....-.., A 1 1 i of ormot i on regard i n9 record easements . V NOELL and other documents which might effect this ~•"~•"'•'••"':'••• sue,-~sy shown Heron was gol ned from Tit 1 e ~3 s~:Q. Cca+mitm9nt file No_136472 Drepored by ' e s a~ °.••' O Co~p~wea I th Lantl T i t l e 1 nguronce ........ SUa Company dote issued Moy 3.2002 .G1.. c:1. w.~.1. o~.2iAi~li~rwratetlen\ACf~SSE:MbiLd~- UNE TABLE N68.55'29°E 3.18' N49° 00' g5 "W 6. T9' NZ 1 ° 04' 31 "W 6.00' S40° 59' 55 "W 11.46' ss~o s-rar~teoaL ~ fI ewrs ea, /HOMC. 11121 J4y00.G \`a~~ ~~~t ~t~us ~e~s /Aiu 1®IS) 7a7.t7u 4~17L14~1~t lfi6 JOB '00-3B5 10/18/2002 11:28 FAX 512 990 9217 COMMONWEALTH LAND TITLE ~JO12 00740430 OR 48b91 2639 EXHIBIT B SECOND PART'Y''S DOMINANT ESTATE PROPERTY Lot 1R, Block 1, Wheeler Subdivision, Phase Two, a subdivision recorded in Volume 3490„Page 269 of the Plat Records of Brazos County, Texas FF.XHIBIT B-1 Doc Bk Vol Pg to EASEMENT FOR RECIPROCAL ACC~~~9B430 Of7 ' 4869 264 FIELD NOTE 424 ONE LINCOLN PLACE UDG # 00-36S 0.083 ACRES T.RACI' 1 DESCItIP'ITON DESCRIBIN4 3,630 SQUARE F'EET', (0.083 AGRE1 OF LAND Sl Tt)A7ED II~'TF~ RICHARD COSTER SURVEY, ABSTRACT NO. 8, BRAZOS COUNTY, TEXAS AND HEIlYG PART OF LO'i' 1R,13LOCK 1, RJR SUBDMSION, PHASE TWO, A SUBDNISION RECORDED IN VOLUME 3490, PAGE 269 OF TIC PLAT RECORDS OF BRAZOS COiJN'1'Y, TEXAS, SAYn 3,630 SQUARE ~T (0.083 ACRE) of LAND BEING MORE PARTTCULARLYDESCRIBED A5 FOLLOWS: BEGINI~NG at a point on the northerly line of said Lot 1R and southerly line of University Drive (I40 foot Right-of--Way) being N68'S5Z9"E, a distanca of 3.18 feet from an iron rod found at th southwest sites ofsaid-Lot 1R, same beingthe northeast coma ofLot 3, Block I, One Lincoln Place, a subdivision recorded in Vol. 690, Page 175 of the Plat RGCOrds of Brazos County, Texas; "II•~NCE, N6$°55`29"E along the northerly line of said Y.ot 1R, a distance of 60.00 feet to a point; TI=~NCF, through the interior of said Lot 1 R the following taro (2) courses: 1) S21 °04'31 "E, a distaYU:e o£ 94.66 feet to a point 2) 840°59'55"W, a distance of 11.46 fzct to a point on the common 1me of said Lot 1R slid Lot 3, Block 1; ~ - THENCE, N49°00'55"w along said cott'uaoa line, a distance of 106.44 feet to a point; TI~1CE, N21°04'31 "V~f; a di3tanee of 6.00 feet to the POIIVT OF BEC3IlVNING and containing 3,630 square feet (0.083 acre) of lead more oz less. Surveyed by ~r~~~ a ~ e URBAN DESIGN GROUP 'rf~~' 3660 Stoneridge Read, # E N NO Austin, Texas 78746 q ?~i (512) 347-0040 ~ ~_ v„weQ~, Sketch or map attached. Bearing Bssis/Coordltv~te System Ellipsoid: world Geodcti'c System 1984 Zone: Texas Central NAD 83 R.P.LS. #2433 Dace: ~ g D ~' R.efuence Control Point: City of College Station 1994 GPS Central Mon No. 122 C:VobsWae L.inco~n Ptme - 00-36S1~ieid Mom ~4•~ 10/18%2002 11:28 FAX 512 990 9217 COMMONWEALTH LAND TITLE `'~- ~- EXHIBIT "~" Doc TO ACCOMPANY F.N. •424 AND 42S GRAPHIC SCALE ' ~0 0 15 SO (IN F~~ '~ ~~ ~, O~~ti ~y ~G0~' ~,~~~~ ~O ~. p0 a ^/ ~ e ,~ _ry°' , P!~/NT Of h~ '~ &E'G/NN1NG ~~ ~ ' - _ TRACT' / 2 ,_~ PD/NT 4F ~-1 ~~ REfERENCE ~~ ~ - _ a- o y ab~ Bearing Bbs.s~Coordlr-ate System ~~ ; ~~' v E II [ i pso i d: Wor I d Geodetic System 196A ~;'~ ~O _ A Zane: Texas Centro[ NAp 83 yw ~~~ ~ Wye ~ V ,`v o ~~~ ~ J~C, G ry, O O~yr ~4 ~'~ a , +'~ G~ ' , , , ti~ , ~~~° ~My~r ~~y- i ~~ Vol __Pg LEGEND • ~ IRON ROD FOUNp ® ~ PK NAIL SEI' = EA3l:NIENT lJNE tXXXX) =RECORD INfORMIkTION (VOL 3480, PG. 2883 RO.W. UNE LOT 1R BLOCK 1 WHEELER SUBDIVISION PHASE TWO VOL_ 3490 PG. 269 IO.O' PUBLIC UTILITY EASEMENT ~- VOL 3490, PAGE 269 :~~' - (N45° 29'30"W) -~~~ 1313.2 2') -~";, ---- N49° 00'55"W-- ~ - 2 Q0.10' -'~ BEG N/NG t--- s~41• -~~Y.-- F~14-9°00'05"W --= v~-,----------- ------ T/QACT 2 ,' ' 61.01' ,~~. , ~~ 20.0' UTILITY AND ~~~~ LOT 3 HUOCIC 1 WATER LINE EASEMENT ~, ~;~ ti ~ ONE LINCOLN PLACE VOL. 690 PG. 175 YOL. 690 PG. 175 ~' w q0 1.98 ACRES O ' MNw. ~~~ JOHN Nt N..w..M1...w. 2433 ~- . 5~ate Hotel- Rdference G4ntrol Point. City of College Stotion 799 GPS Gentrol Mon- No: 122 LINE TABLE L1 L2 L3 La T1ti~e Commitment Note: A ! I ~, i of ormat i on regard i n9 reca'd easements • end other Documents which might affect this 6urvey Shown heron wos goined from Title [omtttitment File No.1364T2 preeored by Cortmonwealth Land Title insurvnce Company date issued MDy 3.2002 N68.55'29"E 3.78' N49°00'55 "W 6.79' NZ 1 ° 04 ' 31 "W 6.00' 540°59'55"W 11.46' ewe s~a~~ aoo ~1`SC ~rC\~;,1~.~` \\ A{IL111. 11S7t,lS 7i7N I J'I J' 'A)'~~=/J A'OMC~ RSIII J~~-o0~0 /AK• ISfSf 7.D-12H (-Y/~1 O(li1~K O{pGIdY Mwr. rwpaA°.C~ UDG JOB '00-385