HomeMy WebLinkAbout00071746V d./ L V/ i V V r 1 V. V V CAA 010 V O V i r V V 11 V A L.L:1 l, R V L 1 Oi n V L J_A J LgJ V V 1
HORLEN, HOLT & HOLLAS, PLLC
Attorneys at taw
JOE HORLEN
Board c &Vfled aVa Trial Law
Texas Board of Legal Spec1011=10n Crystal Park Plaza
D. MICHAEL HOLT 2700 Earl Rudder Freeway South - Suite 5300
Board cervnea Personal loryTrial taw College Station, Texas 778AS
rexas soars of Legal specralr adon (979) 696.1923 EXC.111
STEPHEN R. HOLlAS Facsimile (979) 696.2206
USA A. HUSACEK
Immediate Attention Requested
FACSRvME TRANSMISSION
CONFIDENTIALITY NOTICE: THE DOCUMENTS ACCOMPANYING THIS TELECOPY
TRANSMISSION CONTAIN CONFIDENTIAL INFORMATION WHICH IS LEGALLY PRIVLLEGED.
THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE RECIPIENT NAMED BELOW.
IF YOU HAVE RECEIVBD THIS TELECOPY IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY
TELEPHONE TO ARRANGE FOR RETURN OF THE ORIGINAL DOCUMENTS TO US, AND YOU
ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING
OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TELECOPIED INFORMATION IS
STRICTLY PROHIBITED.
DATE:
TO:
FAX NUMBER:
FROM:
NO. OF PAGES
(including this-page):
February 28, 2002
Deborah Grace
764-3496
Cherie L. Meyer
Twenty (20)
RE:
Reciprocal Easement Agreement
MESSAGE: Deborah, enclosed is a copy of the filed marked Reciprocal Easement Agreement.
If you need any further information please feel free to contact Stephen or I.
VL/LO!rVVL LO. 00 rn.1 .7121 UVU LLVU nVALL1vlnu"I M n"LLAa
C. UUJ
Association the following described easement over and across that -portion of Property B
described on Exhibit "E" attached hereto and incorporated herein by reference. Church grants
and conveys to Association and Culpepper the following described easement over and across
that portion of Property C described on Exhibit "F" attached hereto and incorporated herein by
reference. The easement on Property A, Property B, and Property C is collectively referred to
'heein as the "Easement Property."
2. Duration of Easements. Subject to the relocation rights set forth in Section 3 hereof, the
easements shall be perpetual.
3. Relocation of Easement. In the event that either Church, Culpepper, or the owners of Property
B or Property C acquire the fee simple ownership to the other parcel (so that Property B and
Property C are owned by the same party), or upon agreement between the owner(s) of Property
B and the owner(s) of Property C, then such party that owns both Property B and Property C,
or such agreeing parties, may, at such parry's expense, relocate the easement on Property B and
Property C to a location acceptable to such party(s), provided that the relocated easement offers
Association an easement of the character and nature herein granted (except for specific location)
from and to the Easement Property on Property A, to and from Church Avenue (Street). Such
relocation shall be effected by the recording of an instrument, executed and acknowledged by
the owners of Property B and Property C and designating the relocation of Easement Property
on Property B and Property C, in the Real Property Records of Brazos County, Texas.
4. Character of Easements. The easements granted by this Agreement are easements appurtenant
to Property A, Property B and Property C.
5. Purpose of Easement The easements granted by this Agreement are right-of-way easements,
and shall be used only for the purpose of providing pedestrian and vehicular ingress and egress
between Nagle Street and Church Street, and Property A, Property B and Property C, and for
the purpose of placing, constructing, repairing, maintaining, rebuilding, replacing, and
relocating private street and roadway improvements specifically facilitating such pedestrian and
vehicular ingress and egress.
6. Warranty of Title. Church, Culpepper and Association, and their heirs, personal
representatives, successors and assigns are and shall be bound to warrant and forever defend the
easement and rights respectively conveyed by them as grantors in this instrument to the
respective grantees thereof, and to said grantees' heirs, personal representatives, successors and
assigns, against every personal lawfully claiming or to claim all or any part of the interest in the
Property so conveyed herein.
7. Exclusiveness of Easement, The easement, rights and privileges granted by this conveyance
are nonexclusive, and each respective grantor reserves the right to convey similar rights to such
other persons as such, grantor may deem proper, provided that such a grant or conveyance does
not materially and substantially diminish or adversely affect the rights granted a grantee herein.
Reciprocal Easement Agreement Page 2
VLF L V' L V V L 1 J Y V 1 A.) V I J V a V L L V J 11 V 1~ LL 1 . 11 V L 1 O 11 V A -0 LJj-J V V J
shall be mowed and kept litter-free. Irrigation system shall be modified to
satisfy. governmental water allocation or emergency requirements.
(f) Obstructions. Keeping the Easement Property free from any obstructions
11. Urrdtatloa& The easements, rights and privileges set forth herein are only applicable to ingress
,vxc . egress by pedestrians, passenger vehicles, and trucks; f0
no heavy trucks, heavy tractors, heavy trailers, or heavy equipment, excep*Jwee
directly involved in the construction of casement right-of-way improvements, shall be brought Pr-?
or allowed onto Property not owned by the party allowing such usage. No vehicles shall be
parked in such a manner that unreasonably blocks or impedes the ingress and egress right-of-
way herein granted. For•A~.,de~ eradkles, v%A;olos scoviii:.7 •es4d`0 ~ ~,:eds
eN O~. sit A, ~io~aityy ...v1 . ~..PN►~r G (i: E. II•wr:+ rb..rs. is/•ii VdAmc/es
~tt ,w A, / dsi ' b ✓aA la es w,.,i~r.o de6i s: .s P'".1 O. d
12. Liabi[tty insurance. Lac~i oWr shad atrt or cause to be maut~amcc~comm~rcral genera] r.*Jo/ef
liability insurance insuring against claims on account of loss of life, bodily injury or property
damage that may arise from, or be occasioned by the condition, use or occupancy of the owner's
respective Property by the owner and its tenants, agents, contractors, employees, licensees,
customers and invitees, except as herein provided; said insurance shall be carried by a reputable
insurance company or companies authorized to do business in the State of Texas and have
minimum combined single limit coverage in an amount of not less than 51,000,000 for each
occurrence. Such insurance may be carried under a'blanket" policy or policies covering other
properties of the party and its subsidiaries, controlling or affiliated corporation. Each owner
shall, upon written request from the other owner, furnish to the party making such request
certificates or insurance evidencing the existence of the insurance required to be carried
pursuant to this Section. All such insurance shall include provisions denying to the insurer
subrogation rights against the other parties to the extent such rights have been waived by the
insured prior to the occurrence of damage of loss. Eacb owner hereby waives any rights of
recovery against any other owner, its directors, officers, employees, agents, and tenants and
occupants for any damage or consequential loss covered by said policies to the extent of the
proceeds payable under such policies, whether or not such damage or loss shall have been
caused by any acts or omissions of an other owner or its directors, officers, employees, agents,
tenants, or occupants, but not to the extent such damage at loss shall have been caused by the
gross negligence or intentional misconduct of an owner, or its directors, officers, employees,
agents, tenants, or occupants.
13. lIg medies. i73e following remedies shall be available:
A. FOitable Rights of PufDreement. In the event of any interference or threatened
interference with the easement, it may be enforced by restraining orders and injunctions
(temporary or permanent) prohibiting such interference and commanding compliance
with its terms, which restraining orders and injunctions will be obtainable upon proof
of the existence of such interference or threatened interference, and without the necessity
of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable
only by the holder or licaholder of the easernent or part of it; provided, however, this is
Reciprocal Basement Agreement page 4
vr. rv, r~~r iv z1 {.a.a .r. v vvv rr~v 11V {♦l.Ll•,llV L1 U 11V LL.'1J C. VV I
provided in the first paragraph of this Agreement. Notice given in any other manner will be
errecuve only if and when received by the addressee. Any address for notice may be changed
by written notice delivered in the same manner.
?i .Time. Time is of the essence. Unless otherwise specified, all references to "days" mean and
calendar days. Business days exclude all Saturdays, Sundays, and Texas legal banking
holidays. In the event the date for performance of any obligation falls on a Saturday, Sunday
oL ' exas legal banking holiday, that obligation will be performable on th e next following
business day.
day of , 2002.
CULPEPPER FAMILY, L.P.,
a Texas limited partnership
By: Culpepper Holding, LLC,
a Texas limited liability company,
its general partner
By:
John C. Cul epper, III, Manager
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the 6 04 day of re l,or , 2002, by John C.
Culpepper, III, Manager of Culpepper Holding, LLC, a Texas limited liability comp y, on behalf of said
company, and the company acknowledged this instrument as eneral partner on behalf of Culpepper Family,
L.P., a Texas limited partnership.
)rary Public State of Texas
COLLEEN! M. WALLEii
~ oWy ~L, stft of TOM
qty C Vnizom+ EtiOfsat
MARCH 1. 2002
F7 Wq=W CWW=P=CP
Reciprocal Easement Agreement Page 6
U414014vv4 1a=41 rA.& aia ovo 4- nvn"i,4,nvLl a nvLLHJ
Executed this day of kw42 , 2002.
THE NORTH RAMPARTS HOME OWNERS'
ASSOCIATION, INC.,
a Texas non-profit association
By:
Printed Name: tic. t r+ C.
Title: kc A&q,
STATE OF TEXAS
COUNTY OF j9RAZ oS
W.J uve
This instrument was acknowledged before me on the kL*-'_ day of F~ l 2002, by
_GUi /Ji.e..l t.. &bej&7`t _r. (name of officer) as 5.,-, g. Am,-y
(title of officer) of The North Ramparts Home Owners' Association, Inc., a Texas corporation, on behalf
of said corporation.
COLLEEN M. WALLER
Notary Puove• stem of Taos
urm*sbn ExaWs
• MARCH 1, 2002
Notary Public State of Texas
Reciprocal Easement Agreement Page 8
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FIE ID NOTES
3.049 ACRES
:Being afl that
certain
trod or parcel
of land lying and being situated in the J. E. SCOTT
"
'
Abstract No.
SUR'VE`
'50 in College
C
.
Station, -Brazos County, Texas and being part of Tract
.
THE RAMPARTS
according -to the Voooting and Resubdlvlsion Plot recorded in Volume 517. Page 705
of the Brazos
County
Deed Records
(B.C.D.R_), and port of Tract 'E'. THE -RAMPARTS described
hi 'volume 477
, Page
145 •(S.C.D.R.)
and being more particularly described by metea and bounds
at tcllows:
BEG NNING: at a set 1/2-inch iron rod marking the interior oil corner of sold Tract 'C', said
iron rod also martdN the -.south corner of Tract '3% THE RAMPARTS. according to the plat recorded
In Volume 477, Page 145 (B.C.D.R.);
THE14'M N 42' 00' 06' E along the common line of said Tracts 'B' and 'C' for o distonce of
351.02 feet to a found 1/2--inch iron rod for corner, said comer also being in the southwest line
at' c 4.96 acre John Cecil Culpepper, Ill tract as recorded in Volume 1190, Page 466 of the Official
Records of Brazos County (O.R.B.C.):
W_j V 11
THENCE: S 47' 48' 16' E for a distance of 393.67 feet to a found 3/4-inch iron rod marking
the common east corner of sold Tract 'E' and the interior all corner of a 5.13 acre John Cecil
Culpepper, 111 tract as recorded In Volume 1190. Page 466 (O.R.S.C.);
THENCE. S 41' S8' 54' W along the common line of said Tract 'E' and said 5.13 acre tract
at 220.56 feet pass o found 5/8-Inch iron rod mcridng the southwest corner of a 0.044 acre John
C. Culpepper. 111 tract as recorded in Volume 2697. Page 256 (O.R.B.C.), sold Iron rod also being In
the northwest right-of-way line of Church Avenue (based on a 40-foot width of this location), thence
continue along sold right-of-woy line for a total distance of 307.80 feet to a set 1/2-inch iron
rod for the south comer of this tract;
THENCE: N 4$ 01' 06' W Into the interior of said Tract 'E' for a distance of 35.00 feet to a
1/2-inch iron rod set for the Point of Curvature of a curve to the left;
THENCE 8951 feet along the are of sold curve having o control ongle of 27' 08' 21', o radius
of 1$8.97 feet. o tangent of 45.61 feet and a long chord tearing N 61' 35' 16' W at a distance
of 88.68 feet to a 1/2-Inch iron rod set for a Point of Reverse Curvature;
THENCE continuing through sold Tract 'E' and into Tract 'C' 89.36 feet along the arc of said
reverse curve having a control angle of 27' 05' 40', o radius of 188.97 feet, a tangent of 45.53
feet and a long chord bearing N 61' 36' 37' W at a distance of 88.53 feet to a 1/2-inch iron rod
set for the Point of Tangency
TAE NCE. N 48' 03' 46' W for a distance of 166.54 feet to the POINT OF 13EGiNNING and
containing 3.04:9 acres of land. more or less.
1. Michael R_ McOure. Registered Professionol Land Surveyor No. 2859,
State of Texas, do hereby certify that this survey substantially complies
with the current Texas Society of Professional Surveyors Standards and
Specifications for o Category 6. Condition I Survey.
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////42
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02/28/2001 15:44 tA1 978 (59b 1LUb HUXLhN,tiULl & KULLAJ
Page 2 of2
CROSS ACCESS
FIELD NOTES
0.2366 ACRES
Bcing all that certain tract or parcel of.land lying and being situated in the I. E. SCOTT
SURVEY, Abstract No. 50 in College StntioN Bn zos Cotuxy, Texas and being part of
Tract "C", THE RAMPARTS accord W to the Vacating and Resubdivision Plat recorded
in Voluure 517, Page 705 of the Brazos Coanty Dcad Records (B.C.D.R.), ttrad part of
Tract "E' THE RAMPARTS described in Vohu= 477. Page 145 (B.C.D.R) and being
maro particularly described by metes sad bounds as follows:
BEGINNING: at a 12-inch iron rod fvuad maridng the interior e[1 corner of said Tract
"C", said iron rod also nvutiag the south corner of Tract "B", THE RAMPARTS
according to the plat recorded in Volume 477, Page 145 (B-C-D.12-);
I EXCE: S 48' 63'46" E irrto the interior of said Tract "C" for a distance of 186.54 feet
to a 12-itch iron rod set for the Point of C Lvvaw= of a curve to the Left;
THENCE: 8936 feet continuing through sg'sd Tract "C" and into said Tract "E" along the
are of said curve having a central aagb of 27' 05'40n , a radius of 188.97 Ibet, a targeat
of 45.53 fret and a long chord beating S 61' 3637m E at 8 distance of 88.53 feet to a 12-
irjch iron rod set for a Point of Reverse Curvature;
THENCE: 89.51 feet along the arc of said reverse curve having a central angle of 27' 08'
21", a radivs of 188.97 feet, a tangent of 45.61 fret and a long chord bearing S 61' 35'
16" E at a distance of 88.68 feet to a 12-incb iron rod set for the Point of Tarq en y;
THENCE: S 48' 01' 06" E for a distance of 35.00 feet to a 1/2-inch iron rod set for
corner, said corner being in the southeast line of said Tract 'S- and the northwest right-
of-way line of Church Avenue (based on 50 foot width);
THENCE: S 41' 58'54' W along said Church Avmue d&-of-way lira for a distance of
25.00 feet to a 12-inch iron rod set for corner;
THENCE: N 48' 01' 06" W for a distance of 35.00 feet to a 12-inch icon rod set for the
Point of Ctt vatttre ofa curve to the left:
THENCE: 77.67 foot along the arc of said curve having a central angle of 27' Or 21", a
radius of 163.97 fcct, a tangent of 39.58 abet and a long chord bearing N 61- 35' 16" W at
a dirt== of 76.94 feet to a 1/2-loch iron rod act for a Point of Reverse Curvature;
T iLNCE: 101.18 feet along the arc of said reverse curve having a central anglc of 27'
05.40", a radius of213.97 feet, a tangent of 51.56 fctt and a long chord bearing N 61' 36'
37" W at a distance of 100.24 feet to a 1/2-inch iron rod set for the Point of Tangency;
Z74FNCE- N 48' 03'46" W for a distance of 210,36 foci to a 12-inch iron rod set for
corner:
THENCE: N 85' 33'01" E for a distance of 34.53 feet to the POINT OF BEGINNING
and containing 0.2366 acres of land, more or less.
LULU
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pd' 1 1-l a F `f
02/28/2002 15:43 FAX 979 696 2206 HUKLEN.HULT & HULLAS L0 018
J,.,: Q?a Miah~~l HaClv~~ Q7Q COQ-9r.Sd r%
page 2 or 2
CROSS ACCESS
FIELD NOTES
0.2845 ACRES
Being all Ow certain tract or parcel of land lying and being situated in the 1 E SCOTT
SURVEY. Abstract No. 50 in College Stzdca, Brazos Counry, Texas and being part of Tract
-47_` and Tract "D-2', THE RA]-eARTS according to the Vacating and ResubdWision PLu
recorded in Volume S 17, Pa.¢o 705 of the Bracts County Deed Records (B.C.D.IL) and being,
more particularly described by mates and bounds as follows:
Bfl(3.1N M: at a found 1/2-inch iron rod marking the west corner of sold Tract "D-21, the
south corner of the 1.023 acre Tract M, I" THE RAMPARTS according to the Vacating acrd
Rem vision Plat recorded in Volume 517, Page 705 (B.C.D.10 and being in the northeast
rigttt-of-way line of Nagle Street (based on a So foot width);
THENCI3: N 42' 16'241 E along the common line of said Tram 'D-1' and "D-24, at 229.96 feet
pass the west soarer of said Tract "Co. eondmie for a total distance of 246.00 feet to a found V2-
imh iron rod for comes. said comer also being an angle point in the common line of said Tracts
"C" and "D-1';
THENCE: N 85' 33'01 4 E along the common fine of said Tracts 'C' and 'D-1' for a di9tmcc of
60.57 feet to a found 112-inch iron rod for corner, said corner also being in the southwest lino of
Tract 'B', THE RAMPARTS, as descabed in said Volume 477, Page 145 (B.CD.R.);
TkMNCE. S 49' 03'46H E along the common line of said Tracts 'B" and "C" for a distance of
55.27 fed to a found lr24neb iron rod marking the common south comer of said Tract 'B" and
the interior ell comer of said Tract "C•;
THENCE: S 95' 33'0 1 " W for a distwce of 82.84 feet to a wood stake set for comer,
THENCE: S 42' 16' 24" W through said Tract "D-2' for a dig=cc of 230.06 feet to a wood
stake act for corner;
THENCE. N 47' 47' 04" W for a distance of 40.00 foot to the POINT OF BEGINNING and
containing 0.2845 feet acres of land, more or kw.
t ,,F„
P", e.1 a F y
02/28/2002 15:43 FAX 979 696 2206 HOKLEN,HULT & HOLLAS L0 016
Page 2 of 2
FIELD NOTES
0-2298 ACRES
Being all that certain tact or parcel of land lying and being situated at the J. E. SCOTT
SURVEY, Abstract No. 50 in College Station. Brazos County, Teas and being Pam of
Tract "C", THE RAMPARTS according to the Vacating and Resubdivision Plat recorded
in Volum 517, Page 70S (B.C.D.R.), and pan of Tract "E", THE RAMPARTS de=n-red
in Volumc 477, Page 145 (B.C.D.RR) and being more particularly descnbod by metes and
bounds as follows:
BEGINNING: nt a I2-inch iron rod found marking the interior ell corner of said Tract
"C'. said iron rod also marking the south comer of Tract "B", THE RAMPARTS,
according to the plat r=orded in Volume 477, Page 145 (B.CD.R.):
THENCE: N 41' 56' 14" E for a distance of 25.00 feet along the common line of said
Traces 'B' and -C" to a chiseled -X" mark set in a concrete driveway for cornet;
TIMWCE: S 48' 03'46' E into the interior of said Tract 'C' for a distance of 186,54 feet
to a Minch iron rod set for the Point of Curvature ofa curve to the left;
THENCE: 77.54 feet continuing through said Tract -C" and into said Tract "E" along the
arc of said curve having a crutrat angle of 27' 05'40", a radius of 163.97 feet, a tangent
of 39-5I foot and a long chord bearing S 61' 36 37" E at a distance of 76.82 feet to a 12-
inch iron rod set for a Point of Reverse, Curvature:
THENCE: 101.35 feet continuing through Tract "E" along the ate of said reverse curve
having a central angle of27' 0821', a radius of 213.97 fat. a tangent of 51.64 feet and a
long chord bearing N 61' 35116' W at a distance of 100.41 feet to a 112 nch iron rod set
for the Point ofTangency;
THENCE: S 48' 01' 06" E for a distance of 35.00 feet to a 1/2-inch iron rod set for
comet, said corner being in the southeast line of said Tract "E" and the northwest right-
of-way line of Church Avenue (based on 50 foot width);
THENCE: S 41' 58'54" W along said Church Avenue right-of--way line for a distance of
25.00 feet to a I2-inch iron rod set for tamer.
THENCE: N 48' 01'06" W into the interior of said Tract "E" for a distance of 35.00 feet
to a 12-inch iron rod set for the Point of Curvature ofa curve to the left;
THENCE: $9.51 feet along the are of said curve having a central angle of 2T 08'21". a
radius of 188.97 fret, a tangent of 45.61 feet and a long chord bearing N 61' 3Y 16' W al
a distance of 88.68 feet to a I2-inch iron rod sir for a Point of Reverse Crtvatu: '
THENCE: 8936 feet along the arc of said reverse curve having a central angle of 27' OF
40", a radius of 188.97 feet, a tangent of 45.53 feet and a long chord bearing N 61' 36
37" W at a distance of 88.53 feet to a 1/2-inch iron rod set for the Point of Tangency,
THENCE: N 48' 03'46" W for a distance of 186.54 feet to the POINT OF BEGINNING
and containing 0.2298 acres of land, mots or less.
F'A A; b I -F "
PAy e 6 F
02/28/2002 15:42 FAX 979 696 2206 HORLEN,HOLT & HOLLAS 9 014
11:27a Mionael McClurre $78 693-2554 P-3
Pagc 2 of 2
FIELD NOTES
0.0249 ACRES (1,084.5 S.F.)
Beuig all that tenses tract or parcel of land lying and being situated in the I- E SCOTT
SURVEY, Abstract No- 50 in College Stadon, Brazos County, Taas arad being pan of
the 200 acres cAItLd TrWt "B THE R4112ARTS described in Volume 477, Page 145
Of the Brawl County Deed Records (B.C.D.R), and being more particularly desaibod
br metes and bounds as fo(lo%vs:
BZ OD04ING: at a 1/2-inch iroti rod found nwking the south comer of said Tract 'B',
avid iron rod a<I- a Acigg the intgdor cU cOMW VC TMa ..C THE RANfPARTS
aocot'd'M to the Vacating acid Resubdivision Plat recorded in Volume 517, Page 705
(B.C-D_R.);
THENCE: N 48'03' 46' W abstg the common line of said Tracts 'W' and "C' for a
distance of 55.27 feet to a found 1/2-1beh iron rod for coma, said coiner also being an
aagk point O the ZOrtb tme of said Tiaet -C' and the eaa COrilCr of a 1.023 sage Teaet
"D-L' as de=tbed in said Vobaana 517, Page 705 (B.C:D-L);
THENCE: N 85'33' 01" E into the interior of said Tract W for a dinaaee *0 4.53 Rtes
to z ehiseted "X" mark set in eoncrcre for corns
TIIENC$: S 48'03'46- E for a dutanoc of 31.48 feet to a ehisek:d 7{' mark set in e
coGMte driveway for comet
THENCE: S 42'00' 06" W fvr a disfa = of 25.00 feet ro tlx: POfMr OF BEGINNING
aad wnralainZ 0.0249 noes (1,084.5 Square Feet) ofbod. more or I=.
r
Exh:6; f- ~ D
Pale a F ~
0
02/28/'2002 15:42 FAX 879 bUb 2LUb HURLEN,HULT & HULLAS 4012
FlELD -NOTES
Being all 'that certain Aroct or . rcel of land :lying and bein9 .situated In the J. E. SCOTT
SURVEY. Abg"ct No. '50 in College Station. Brazos county. -axon and being part of 'Tract
'C' and Tract ''D-2'. THE 'RAMPARTS according to the Vacating and :Resubdivision Plat 'recorded
in Vo1un'+e 517, Page 705 .of the Brazos County Deed Reeoros (S.C.D.R.). and part of Tract "E'
TW FvWPA Z S described -in Volume 477. Page 145 (B.C.O.R.); said land also being all of the
vcre tract coemyed to John C. Culpepper, ili by Boyett Investments. Umited by deed
I' c,.,raed in Volume 3080. Page 174 of the Official Records of Brazos County (O.R.B.C.) and
part of the 4.1751 ocre tract conveyed -to John C. Culpepper. Ui by Boyett Investments. Limited
by deed recorded in Volume 3060, Pogo 174 (O.R.6.C.) and being more parilculorly described by
metes and bounds as follows:
BEGINNING: at a found 1/2-inch iron rod marking the west corner of said Tract 'D-2', the
voc.-;^ corner of the 1.023 ocre Tract 'D-1' as described in said Volume 517. Pogo 705
(B.C.U.R.), and being In the northeast right-of-ray line of Nagle Street (based on a 50 foot
width);
THENCE N 42' 16' 24' E along the common line of said Tracts 'D-1 and 'D-2'. at 229.96 feet
pass the common corner of sold Tracts 'C' t 'D-2'. continue for a total distance of 246.00
feet (called N 45' 28' 25' E - 246.18') to a found 1/2-inch iron rod for comer, sold corner
also marking on angle point in the common line of the beforesoid Tracts 'C' and 'D-1';
THENCE: N SW 33' 01' E along the common line of sold Tracts 'C' and 'D-1' for a distance of
60.57 feet (called N 87 05' 09' E - 60.77') to a found 1/2-Inch iron rod for corner, said comer
ciao being In the southwest line of Tract 'B'. THE RAMPARTS, as described In said Volume 477,
Page 145 (B.C.D.R.);
THENCE: S 48' 03' 46' E along -the common line of said Tracts 'B' and 'C', at 55.27 feet pass
the south corner of said Tract '8' and the Interior all comer of sold Tract 'C'. continue into
Tract 'C' for o total distance of 241.81 feet to a 1/2-inch iron rod set for the Point of Curvature
of a curve to the left;
THENCE. 89.36 feat along the arc of said curve having a central angle of 27' 05' 40'. a radius of
188.97 feet, a tangent of 45.53 feet and a long chord bearing S 61' 38' 37' £ at a di3tance of
88.53 feet to a 1/2-inch iron rod set for a Point of Reverse Curvature:
THENCE: 89.51 -feet along the ore of sold reverse curve having o central angle of 27 08' 21', o
radius of 188.97 'feet a tangent of 45.61 feet- and a tong chord bearing S 61' 35' 16' E at a
distance of 88.68 feet to a 1/2-inch iron rod set for the Point of Tangency;
THENCE S 48' 01' 06' E for a distonee of 35.00 feet to a 1/2-Inch iron rod set for corner, said
comer being In' the southeast line of said Tract 'E- and the northwest right-of-way line of
Church Avenue (based on a 40 foot width of this location):
THENCE:
along said
Church Avenue right-of-way line for the following five (5) calls:
1)
S 41' 58'
54' W (called S 45' 18' 19- W) for o distance of 111.00 feet to a found
1/2-inch
Iron rod for corner,
2)
S W 20'
59' W (called S 71' 40' 03' W) for a distance of 54.26 feet to c found
1/2-inch
Imn rod for the Point of Curvature of a curve to the left.
'
'
3)
114.57 fee
, a radius
05
t along the are of said- curve having a central angle of 26' 22
'
of 248.95
W (coiled
feet, a tangent of 58.32 feet and o long chord bearing S 55' 09' 57
S 58' 29'
22' W) at a distance of 113.56 feet to a found 1/2-inch Iron rod for the Point
4)
of Tongency;
S 42' 10' 28' W for o distance of 63.30 feet (called S 45' 18' 19' W - 63.42' to a found
5/8-inch
Iron rod for the intersection of sold northwest line of Church Avenue and the
northeast
right-of-way line of the befonementioned Nagle Street;
THENCE:
N 47' 47'
04' W (called N 44' 31' 35' W) along the said northeast line of No le Street
for a di
stance of 441.85 feet to the POINT OF BEGINNING and containing 3.185 acres of land, more
or less-
40 1
p~
,9 ~
02/28/2002 15:41 FAX 979 696 2206 HORLEN,HOLT & HOLLAS
Final Plat of THE RAMPARTS, according to'the plat thereof recorded in
.'c,iutZle. 77, at Page 145, of the Official Properly Records of Brazos County, Texas.
tg 010
Exhibit "A"
02/28/2002 15:41 FAIT 979 696 2205 HUKLEN,HULT K HULLAS C. U08
:xc: uiud this day of 12002.
THE MOST REVEREND GREGORY M. AYMOND,
BISHOP OF THE DIOCESE OF AUSTIN, AND HIS
SUCCESSORS IN OFFICE
By:-
Printed Name:
Title: 6, ~d•.n of O; kck o4l A"'jH.~
STATE OF TEXAS §
COUNTY OF -7'~A d,'5 §
This instrument was acknowledged before me on the
day of , 2002, by
of p ase ve) e The Most Reverend Gregory M. Aymond, Bishop Of The Diocese Of Austin, aR4
- - - - - - - - -
LINDA MILLER
NOTARY PUBLIC
State of Texas
OF Comm. Exp. 05-26-2004
otary Public State of Texas
Reciprocal Easement Agreement Page 7
02/28/2002 15:40 FAX 979 696 2206 HORLEN,HOLT & HOLLAS LQ 006
notto be an election of remedies or a waiver of any other rights or remedies available
at law or in equity.
B_ Alternative Dispute Resolution. The parties each agree to submit in good faith to
mediation before filing a suit for damages.
14. Rights reserved. Each grantor retains, reserves, and shall continue to enjoy the subsurface of
the casement area granted by it (him) for any and all purposes that do not interfere with or
prevent a grantee's use of the easement. This includes, without limitation, the right to use the
subsurface for the construction and maintenance of utility lines and other like uses, provided
hat the party installing or maintaining such subsurface improvements promptly repairs any
damage to any preexisting improvements specifically placed for the enjoyment and use of the
easement rights granted herein.
15. Entire Agreement. This Agreement contains the entire agreement relating to the subject
matter. Any oral representations or modifications concerning this Agreement shall be of no
force of effect. Any subsequent amendment or modification to this Agreement must be in
writing and agreed to by all parties.
16. Dispute Expenses and Attorney's Fees. If any controversy, claim or dispute arises relating
to this Agreement or its breach, the prevailing party shall be entitled to recover from the other
party reasonable expenses, attorney's fees, and costs.
17. Abandonment of Previous Easement. Association hereby permanently and completely
abandons and vacates, to the extent, if any, not previously abandoned or vacated, the 40' WIDE
ACCESS EASEMENT (40' ACCESS EASEMENT) over and across Property B, shown on
Final Plat recorded in Volume 477, at Page 145, of the Real Property Records of Brazos County,
and on Vacating & Resubdivision Plat recorded in Volume 517, at Page 705, of the Real
Property Records of Brazos County.
18. Binding Effect. This Agreement shall bind and inure to the benefit of the respective grantees
and their heirs, personal representatives, successors, assigns, and successors in title to all or part
of Property A, Property B or Property C including, but not limited to, tenants, lessees, agents,
employees, guests, and invitees of tenants and lessees having an interest in the respective
Properties.
19. Choice of Law. This Agreement is subject to and governed by the laws of the State of.Texas,
excluding any conflicts-of-law rule or principle that might refer the construction or
interpretation of this Agreement to the laws of another state. Each party submits to the
jurisdiction of the state courts in the State of Texas and to venue in Brazos County.
20. Notices. Any notice or communication required or permitted hereunder will be deemed to be
delivered, whether or not actually received, when deposited in the United States mail, postage
fully prepaid, registered or certified mail, and addressed to the intended recipient at the address
Reciprocal Easemenr Agreement Page 5
02/28/2002 15:39 FAX 979 696 2206 HORLEN,HOLT & HOLLAS
16 004
8. Temporary Easements. In additions to the right-of-way easements located as specifically
p.-ovided herein, each easement grantee shall have the right to temporarily use as much of the
surface of the Property adjacent to -the easement as may be reasonably necessary for such
Tarife, to construct and install right-of-way improvements in the easement. Upon completion
such construction and installation, the grantee performing or causing the applicable
IS", action and installation shall replace and restore all fences, walls, or other stru
ctures that
nnay have been relocated or removed during the construction period. The rights granted in this
?aragraph 7 shall not be extended to allow any material or substantial disturbance or
interference with any building or building foundation located outside of the specifically
designated easement area, or any utility lines servicing such building(s).
j_ Construction. Church shall cause an approximately twenty-five foot (25') concrete private
roadway to be installed on the surface of the Easement Property in a manner sufficient to allow
vehicular use in compliance with the City of College Station ordinances and regulations. Each
party shall maintain in good condition that portion of the Easement Property that is located on
their respective property.
10. Mainteaanee. Each party, at their own expense, shall keep that portion of the Easement
Property that is located on their respective property in a safe, attractive and good state of repair
condition and in compliance with applicable governmental laws, rules, regulations, orders and
ordinances, and the provisions of this Agreement. All improvements shall be repaired or
replaced with materials at least equal to the quality of the materials being repaired or replaced
so as to maintain the architectural and aesthetic harmony of a first-class development. The
maintenance and repair obligation shall include but not be limited to the following:
(a) rive. Maintaining all paved surfaces and curbs in a smooth and evenly covered
condition, including, without limitation, replacement of base, skin patch,
resealing and resurfacing.
(b) Debris and efuse. Periodic removal of all papers, debris, filth, refuse to the
extent necessary to keep the Easement Property in a first-class, clean and orderly
condition.
(c) Signs and Markers. Maintaining, cleaning and replacing any appropriate
directional or stop signs. Restriping drives at least annually to keep clearly
marked fire lanes, loading zones, no parking areas and customer cross-walks.
(d) Lighting. Maintaining, cleaning and replacing the lighting facilities, including
light standards, wires, conduits, lamps, ballasts and lenses, timc clocks and
circuit breakers.
(e) Landscaping. Maintaining and replacing of all landscape plantings, trees, and
shrubs in an attractive and thriving condition, trimmed and weed free. Maintain
and replace landscape. The unimproved portion of such Easement Property
Reciprocal Easement Agreement page 3
02/28/2UUL 15:39 tAll 9Y9 b9b ZZU6 HUXLhN.HULl & HULLAS wi002
•v~
s •b I Mks. 00• Fil ed for Record in. ,
Gift ~~3 t •>lIBR=:ML VlY
RECIPROCAL EASEMENT AGREEMENT,; Feb 87,28&1 at 03r59P
Rs a
Recardinas
THE STATE OF TEXAS § D r 90766790
§ KNOW ALL PERSONS BY THESEF9:
C^"[.-W7-%. OF BRAZOS § PROW 4L
Receipt Nvober - 18&o%
THE NORTH RAMPARTS HOME OWNERS' ASSOCIATION, INC; (s 4§q" 9Pn"), whose
mailing address is c/o On Line Real Estate Services, Inc., 3706 E. 29th Street, Bryan, Brazos County,
Texas 77802, CULPEPPER FAMILY, L.P., a Texas limited partnership ("Culpepper'), whose
ma ling address is 1700 George Bush Dr. East, Suite 240, College Station, Brazos County, Texas
7 84(), and 'T TIE MOST REVEREND GREGORY M. AYMOND, BISHOP OF THE DIOCESES
OF AUSTIN, AND HIS SUCCESSORS IN OFFICE ("Church"), whose mailing address is P.O. Box
13327, Capital Station,. Travis County, Austin, Travis County, Texas 78711, convey reciprocal
easements to each other, on the basis of the following facts, understandings and agreements (this
"Agreement" Y
Recitals
1. Association administers for the benefit of certain Owners certain property ("Property A")
consisting of the General Common Elements (as defined in that certain Condominium
Declaration for the North Ramparts Condominiums recorded in Volume 502, at Page 572, of
the Official Records of Brazos County, Texas) located on, within and being that approximately
2.00 acre tract or parcel of land that is described on Exhibit "A" attached hereto and
incorporated herein by this reference.
2. Culpepper owns certain property ("Property B") consisting of an approximately 3.049 acre tract
or parcel of land adjoining Property A and the below described Property C, Property B being
described on Exhibit "B" attached hereto and incorporated herein by this reference.
3. Church owns certain property ("Property C") consisting of approximately 3.185 acre tract or
parcel of land adjoining Property A and Property B, Property C being described on Exhibit "C"
attached hereto and incorporated herein by this reference.
The parties desire to have the mutual and reciprocal right to use a portion of Property A, a portion of
Property B, and,--a portion of Property C, for pedestrian and vehicular ingress and egress to and from
their respective tracts of land.
THE PARTIES THEREFORE AGREE, in consideration of the mutual and reciprocal grants and
agreements made herein, as follows:
I. Conveyance. Association grants and conveys to Church and Culpepper the following described
easement over and across that portion of Property A described on Exhibit "D" attached hereto
and incorporated herein by this reference. Culpepper grants and conveys to Church and
Reciprocal Easement Agreement Page I