HomeMy WebLinkAboutEasementsEXHIBIT "A"
PARKING EASEMENT AGREEMENT
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PARKING EASEMENT AGREEMENT
This PARKING EASEMENT AGREEMENT is made and executed as of the day of
August, 2002, by and between DELMAR BARONHEAD I, LTD., a Texas limited partnership
("Delmar"), and COLLEGE STATION WINGS, INC., a Texas corporation ("Wings").
RECITALS
A. Delmar is the owner of that certain lot or parcel of land situated in Brazos County,
Texas, being legally described as Lot 1 of Block One, The Gateway Phase I, an Addition to the City
of College Station, Texas according to the plat thereof recorded in Volume 3663, Page 313, Official
Records of Brazos County, Texas (the "Delmar Parcel").
B. Wings is the owner of that certain lot or parcel of land, lying adjacent to the Delmar
Parcel, and being legally described as Lot 7 of Block One, The Gateway Phase I, an Addition to the
City of College Station, Texas according to the plat thereof recorded in Volume 3663, Page 313
Official Records of Brazos County, Texas (the "Wings Parcel").
C. In furtherance of the development of the parties' respective parcels, and pursuant to
that certain Development Agreement (herein so called) of even date herewith between Delmar and
Wings, Delmar has agreed to grant an easement to Wings on the terms and conditions set forth
hereinbelow.
NOW, THEREFORE, in consideration of the mutual agreements set forth herein and in the
Development Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
1. Parking Easement. Delmar hereby grants to Wings a non-exclusive easement for
automobile parking on, over and across that portion of the Delmar Parcel shown outlined or cross-
hatched on Exhibit "A" attached hereto and made a part hereof (the "Easement Tract"). The
Easement Tract shall contain (a) a maximum of twenty-eight (28) standard-size parking spaces which
may be used for parking the automobiles of customers and employees of Wings while such customers
or employees are conducting business on or otherwise patronizing the services offered on, or engaged
in employment on, the Wings Parcel, and (b) two (2) access driveways connecting said parking spaces
to the existing thirty (30) foot wide access drive along the northerly boundary of the Wings Parcel.
2. Construction of Parking Areas. The parking spaces contemplated by this instrument
shall be paved, striped and lighted, and shall otherwise comply with all applicable requirements of the
City of College Station, Texas (the "City"). At any time after this instrument is recorded, Wings shall
have the right, at its sole cost and expense, to pave and stripe up to twenty-eight (28) parking spaces,
construct access driveways and install necessary lighting on the Easement Tract, provided that Wings
shall have first obtained Delmar's written approval and all requisite approvals from the City of the
plans and specifications for such improvements, including, without limitation, Delmar's approval of
the grading plan and site layout for Wings' improvements to the Easement Tract.
PARKING EASEMENT AGREEMENT - Page i
3. Reservation of Grantor's Rights. Delmar reserves the right (but assumes no
obligation) to make improvements on the Easement Tract consistent with the terms of this instrument.
Delmar reserves the right to use the Easement Tract for any purpose not inconsistent with the uses
for which this grant is made. Delmar also reserves the right, for itself and its successors and assigns,
to grant such other or similar easements on, over and across the Easement Tract provided that any
such easements hereafter granted shall not interfere with the use and enjoyment of the easement
granted herein. In order to accommodate future development of the Delmar Parcel, Delmar, for itself
and its successors and assigns, reserves the right from time to time and at any time (a) to reconfigure
the parking spaces and any landscaped areas on the Easement Tract or (b) to relocate all or part of
the Easement Tract to a different area of the Delmar Parcel in close proximity (but not more than two
hundred (200) feet from) the Wings Parcel, or both; provided that any such reconfiguration shall not
reduce the number of parking spaces within the Easement Tract to fewer than twenty-eight (28), and
any such relocation shall not materially impair the accessibility of such parking spaces from the Wings
Parcel.
4. Successors and Assigns; Amendment. This instrument is binding upon Delmar and
its successors, assigns, mortgagees and successors in title, and shall inure solely to the benefit of
Wings. This instrument may be amended only by a written instrument executed by Wings and the fee
owner of the Easement Tract and recorded in the Official Records of Brazos County, Texas. At
Delmar's request, Wings shall execute, acknowledge and deliver an amendment to this instrument
containing a metes and bounds description of the Easement Tract.
5. Duration ofEasement. The easement granted in this instrument is for the personal use
and benefit of Wings. In the event Wings fails to open a "Wings N More" restaurant on the Wings
Parcel within nine (9) months after the date of this instrument, or Wings ceases to operate a "Wings
N More" restaurant on the Wings parcel for a period of one hundred twenty (120) consecutive days,
then the easement granted herein shall be deemed abandoned and terminated. In either of such
events, Wings agrees to execute, acknowledge and deliver to Delmar, upon Delmar's request, a
recordable instrument effective to terminate the easement.
6. No Public Gift or Dedication. Nothing contained in this instrument shall be deemed
to be a gift or dedication of the Easement Tract or any portion thereof to any governmental authority
or the general public, or for any public use or purpose whatsoever, it being the intention and
understanding ofthe parties hereto that this instrument shall be strictly limited to and for the purposes
herein expressed.
7. Captions. Titles, headings or captions of articles or paragraphs contained in this
instrument are inserted only as a matter of convenience and for reference, and in no way define, limit,
extend or describe the scope of this instrument or the intent of any provisions hereof.
8. Multiple Counterparts. This instrument may be executed in any number of identical
counterparts, each of which for all purposes shall be deemed an original document and all of which
together shall constitute but one and the same document; but, in making proof of this instrument, it
shall not be necessary to produce or account for more than one such counterpart.
PARKING EASEMENT AGREEMENT - Page 2
IN WITNESS WHEREOF, the parties have executed this instrument on the dates
acknowledged below, to be effective as of the date first written above.
THE STATE OF TEXAS §
COUNTY OF p §
COLLEGE STATION WINGS, INC.
By:
Name: i4,Q,r t~ Eti~v,►~
Title:
This instrument was acknowledged before me on the aff, day of /6a U,5+ , 2002,
by P~Zsl of COLLEGE
STATION WINGS, INC., a Texas corporation, on behalf of such corporation.
o(u
(Seal)
a•*"!'YJENNIFER LYNN BARR
~ Notary Public, State of Texas
y. r.t My Commission Expires
March 13, 2006
for the State of Texas
PARKING EASEMENT AGREEMENT - Page 3
DELMAR BARONHEAD I, LTD.,
a Texas limited partnership
By: Delmar Baronhead GP #1, LLC,
its general partner
By: -
Frank Mihaiopoulos, esident
THE STATE OF TEXAS §
COUNTY OF Ak §
This instrument was acknowledged before me on the 9#-, day of
2002, by Frank Mihalopoulos, President of Delmar Baronhead GP #1, LLC, a Tex ' 'led liability
company, as general partner of DELMAR BARONHEAD I, LTD., a Texas limited partnership, on
behalf of such limited partnership.
SHARON
SIMMONS
,pi?5E
*~`.TCk (Seal)` c -2-04
AFTER RECORDING,
PLEASE RETURN TO:
Brousseau & Associates
Attention: Boyce L. Graham, Esq.
3838 Oak Lawn Avenue, Suite 900
Dallas, Texas 75219
H:\DOCS\DELMAR\COLLEGE\winp\parking eWgXmaLwpd
of 46 Public in and for the State of Texas
PARKING EASEMENT AGREEMENT - Page 4
07/01/02 14:02 $979 764 3196 DEVELOPMENT SVCS
EASEMENT DEDICATION SHEET
(To be tilled in and submitted with construction plans and specifications for preliminary review)
THIS SECTION TO BE
PROPERTY OWNER(S): Ou1-- Oci,3PAP-D
ADDRESS:-' `1 1qee5 M -D(2.
PHONE NUMBER: ZZ-
ALL LENDERS (Please furnish copies of all lien documents):
(Names and Addresses
IF OWNER 15 A CORPORATION, PARTNERSHIP, R JOINT VENTURE (also see #4 below):
1 _ State of Incorporation/Registration
2_ Partners' Names (if applicable)
3. Person Authorized to Sign
me and Title)
LEGAL DEPARTMENT MUST BE PROVIDEp WITH THE FOLLOWING:
A copy of a recent (within 90 days) deed or title Insurance policy showing the names of the grantors/owners; and
Njl~ For unplatted property, a signed, sealed and dated mates and bounds description and a diagram of the property showing
the location of the errcment: or
✓3 For platted property, a copy of the plat showing the kA, block, subdivision, and recording information.
V4_ For blanket easements, a signed, sealed and dated metes and bounds description and a diagram of the property.
(j Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of
the corporation, partnership, or joint venture.
5. Name, address and phone number of person who is to receive the easement and be responsible for getting it exacuted:
`f~1eAu. 0-,0- r&Tr-,P-
Any land acquisition resulting from Capital Improvement rojects requires a moe.Ung with the Legal Department.
bgli:Igroupldeve_seriformslcrrgrlease rnenr dedication sheet '02.doc
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LAWYERS TITLE
[MOOR
EXHIBIT uA„
TRACT 1:
Being all that certain lot, tract or parcel of land lying and being situated In Brazos County, Texas, and
being LOT SEVEN (4 BLOCK ONE (1), THE GATEWAY, PHASE 1, an addition to the City of College
Station, Brazos County, Texas, according to the plat recorded in Volume 36W, Page 313, Official
Records of Brazos County, Texas.
TRACT 2; FASEMENT
Together with all right, title and interest in and to the following easement:
Being all of that certain 0.587 acre tract or parcel of land, lying and being situated in the Richard Carter
League, Abstract No. 8, College Station, Brazos County, Texas, being a 64' wide private access
easement, and being a portion of Lots 1, 4 and S. Block 1, The Gateway, Phase I as depicted on the final
plat of said subdivision per plat recorded in Volume 3663, Page 313 of the Official Records of Brazos
County, Texas, and being a portion out of that some tract conveyed to Delmar Beronhead 1, Ltd., as
described by Deed recorded in Volume 3046, Page 1110, of the Official Records of Brazos County, Texas,
said 0.587 acre tract being more particularly described as follows:
COMMENCING at a 1-1I2" iron barfound maridng the south comer of that same 1.5 acre tract conveyed
to Bert Wheeler, inc., w described by Deed recorded In Volume 391, Page 864 of the Deed Records of
Brazos County, Texas, and lying in the northwest right-of-way line of University DMve Fast;
THENCE S 50° 49'287 W - 24.82 feet with said right-of-way line to a 112" Iron rod found for angle point;
THENCE S 55° 04'50" W - 315.34 feet with said right-of-way line to a point for the PLACE OF
BEGINNING;
THENCE S 55° 04' S0" W - 32.01 feet with said right-of-way line to a point for the common south comer
between said Lot 4 and said Lot 5;
THENCE S 55" 04'50" W - 32.01 feet with said right-cf-way line to a point for corner,
THENCE N 33° 53'03" W - 245.37 feet across said proposed Lot 5 to a point for corner,
THENCE N 58° 54'48" W -146.41 feet across said proposed Lot 1 to a point for comer,
THENCE N 41 ° 59' 58" E - 65.18 feet to a point for comer,
THENCE S 58° 54'48" E 148.28 feet across said proposed Lot 1 to a point for corner,
THENCE s 33" 53' 03" E - 258.42 feet across said proposed Lot 4 to the PLACE OF BEGINNING, and
containing 0.587 acres of land, more or less.
TRACT 3: NON-EXCLUSIVE EASEMENT
Together with all right, title and interest In and to the following easement.
A non-exclusive easement for drainage and detention created by instrument dated February 10, 1999.
recorded in Volume 3417, Page 101, of the Official Records of Brazos County, Texas, over the following
part of LOT ONE (1), BLOCK ONE (1), THE GATEWAY PHASE 1, an addition to the City of College
station, according to the plat recorded in Volume 3663, Page 313, of the Official Records of Brazos
County, Texas, and being:
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02/04/03 14:54 FAX LAWYERS TITLE X1007
All that certain lot. tract or parcel of land beirW 11.69 acres situated in the Richard Carter Survey,
Abstract No. 8, Brazos County, Texas, and being out of the remainder of that called 58.32 acre and a
called 25.00 nacre tract of land conveyed to Jacob Luxxa, Jr. by Deeds of record in Volume 85. Page 426,
and Volume 93, Page 378, respectively of the Deed Records of Brazos Courtly, Texas (D.R.B.C.T.); said
11.69 acre tract of land being adjacent to the westerly right-0f-way line of State Highway No. 6 (Texas
Avenue) north of P.M. 60 (University Drive) and being more particularly described by metes and bounds
as follows:
13EGINNiNG at a concrete Highway Right-of-way Marker found for exterior ell comer and most easterly
northeast comer at the most easterly northeast comer of said remainder of the called 59.32 sere and said
called 26.00 acre Luza tract of land, same being a point in the southwesterly right-of-way line of said
State Highway No. 6 (Texas Avenue), as occupied, at the most easterly comer of a called 10.00 acre
tract of land conveyed to Don Lamar, Trustee by Deed of record in Volume 579, Page 319 (D.R.B.C.T.):
THENCE S 21° 09'47 E, along said southwesterly rlght-of way line of State Highway No. 6 (Texas
Avenue) and the easterly fins of said remainder of the called 68.32 acre and called 25.00 acre Luza tract
of land, a distance of 240.00 feet to a point for southeast comer;
THENCE S 68° 50117- W, leaving sold southWasterly right-of-way line of State Highwiry No. 6 (Texas
Avenue) and with aline across and through said remainder of the coiled 58.32 acre and said called 25.00
acre Luza tract of land, a distance of 272.91 feet to a IW Iron rod set for angle point;
THENCE 5 46° 44' 56" W, continuing with a line across and through said remainder of the tailed 58.32
acre and said called 25.00 acre Luza tract of land, a distance of 810.82 feet to a 1/2" iron rod set for most
southerly comer, same being a point in the northeasterly line of a called 14.33 acre tract of land conveyed
to Delmar Baronhead I, Ltd. by Deed of record in Volume 3046, Page 100 of the Official Records of
Brazos County, Texas (O.R.B.C.T.);
THENCE N 339 31'41"W, continuing with a line across and through said remainder of the called 58.32
acre and said called 25,00 acre Luza tract of land with said northwwterly line of said called 14.33 acre
Delmar Baronhead 1, Ltd. tract of land and with the northeasterly line of a called 25.665 acre tract of land
conveyed to Delmar Baronhead I, Ltd. by Deed of record in Volume 3046, Page 113, (O.R.B.C.T_), a
distance of 724.31 feet to a 1/2" iron rod set for most westerly corner at the most northerly comer of said
called 25.566 acre Delmar Baronhead 1, Ltd. tract of land in the northwesterly line of said remainder of the
called 58.32 acne and said called 25.00 acre Luza tract of land and the southeasterly line of a called 50
acre tract of land conveyed to the City of Bryan by Deeds of record In Volume 133, Page 607, Volume
137, Page 230, and Volume 250, Page 369, (13.R.B.C.T.);
THENCE N 41" 28' 19" E. along the line common to said remainder of the called 58.32 acre and said
called 25.00 acre Luza tract of land and said called 50 acre City of Bryan tract of land, a distance of
53129 feet to a 1/2" Iron rod found for the northwest comer at the northwest comer cf said remainder of
the called 58.32 acre and said called 25.00 acre Luza tract of land, same being a point in the southwest
line of the aforesaid called 10.00 acre Lamar tract of land;
THENCE S 37" 06'28" E, leaving said common line and with said southwest line of ilia called 10.00 acre
Lamar tract of land and the most westerly northeast line of said remainder of the called 58.32 and said
25.00 acre Luza tract of land, a distance of 604.76 feet to a 1 /2" Iron nod found for interior ell corner at an
Interior ell comer of said remainder of the called 58.22 acre and said called 25.00 acre Luza tract of land,
same being the most southerly comer of said called 10.00 acre Lamar tract of land:
THENCE N 53" 47'44" E, along the southwesterly line of sold celled 10.00 acre Lamar tract of land and
the most northerly southeast line of said remainder of the coiled b8.32 acre and said called 25.00 acre
Luza tract of land, a distance of 570.62 feet to the Point of Beginning, and containing an area of 11.69
acres of land, more or less.
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02te/a. uo 0/i ,~OOa
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i c: rtts
P.W.K.M.& 11(
LAIrYJ;lta 1'll'LE
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TRACT d: EASEMEN T
Together with all right, title and interest In and to the following easement:
All that certain lot, tract or parcel of land being 1.054 aores situated in tha Richenf Cartar Survey,
Abstract No. 8, Brazos County, Texas, and being out of and a part of a called 25.566 acre tract of land
conveyed to Delmar Baronhead 1, Ltd. by deed filed for record in Volume 3046, Page 113 of the Official
Records of Brazos County, Texas (O.R,B.C.T.); said 1.054 acre tract being a strip of land of varying width
adjacent to the northerly right-of-way lime of F.M. 80 (University Drive) and being more particularly
described by metes and bounds as fellows:
COMMENCING at a Highway might-oft-way Marker found for angle point in said northerly right-of-way line
of F.M. 60 (University Drive), as occupied, at the most westerly comer of a called 9.5351 acre tract of land
conveyed to CSl Associates by deed filed for record in Volume 518, Page 459 (O.R.B.C.T.) and the
southeast corner of a called 14.33 acre tract of land conveyed to Delmar Baronhead 1, Ltd, by deed of
record in Volume 3046, Page 100 (O.R.B.C.T.) and from which point a 112" iron rad found at the most
southerly comer of said called 25.566 acre Delmar Baronhead 1. Ltd, tract of land and the most easterly
comer of Block "Y", University Parse, Section II, according to a plat of said subdivision of record in Volume
523. Page 439 of the Deed Records of Brazos County, Texas (D.R.B.C.T.), bears along said northerly
right-of-way line of FA. 60 (Univereity Drive) South 78 degrees 04 minutes 45 seconds West, 203,86 feet
and South 69 degrees 25 minutes 20 seconds West 412.45 feet;
THENCE South 78 degrees 04 minutes 45 seconds West, with said northerly right-of-way line of F.M. 60
(University Drive) and the most southerly Ilne of said called 14,33 acre Delmar Baronhead 1, Ltd. trail of
land, a distance of 99.08 feet to the southeast comer and Point of Beginning of the heroin described tract
of land at the southwest corner of said called 14.33 acre Delmar 8aronhead 1, Ltd. tract of land and the
most southerly southeast comer of said called 25.568 acre Delmar Baronhead I, Ltd. tract of land;
THENCE South 78 degrees 04 minutes 45 seconds West, continuing with said northerly right=of-way line
of F.M. 60 (University Drive) and the southerly line of said called 25.566 we Delmar Baronhead I. Ltd.
tract of land, a distance of 104.76 feet to a Highway Right-of--way Marker found for angle point
THENCE South 69 degrees 25 minutes 20 seconds West continuing with said northerly right-of-way line
of F.M. 60 (University Drive) and the southerly line of said called 25.58 acre Delmar Baronhead I, Ltd.
tract of land, a distance of 25.49 feet to a point for southwest comer, same being a point on a curve to the
left;
THENCE 188,69 feet, leaving said northerly right-of-way line and through the interior of said called
25.566 acre Delmar Baronhead 1, Ltd. tract of land, along said curve to the left having a radius of 37'0.00
feet, a central angle of 29 degrees 13 minutes 09 seconds, and a chord bearing a distance of North 33
degrees 34 minutes 08 seconds West, 186.65 feet to a point for the and of said curve;
THENCE North 48 degrees 10 minutes 42 seconds west continuing through the interior of said called
25.56 acre Delmar Baronhead 1, Ltd. tract of land, a distance of 476.12 feet to a point for northwest
comer,
THENCE North 41 degrees 49 minutes 18 seconds East, continuing through the interlor of said called
25.566 acre Delmar Baronhead I, Ltd. tract of land, a distance of 60,00 feet to a point for northeast
com®r, same being an interior ell comer of said called 25.5613 acre Delmar Baronhead 1, Ltd. tract of land
and the moat westerly corner of the aforesaid called 14.53 acre Delmar 8aronhead I, Ltd. tract of land;
THENCE South 48 degrees 10 minutes 42 seconds East, with a line common to said called 25.6es acre
Delmar Baronhead 1, Ltd. tract of land and said called 14.33 acre Delmar Baronhead I, Ltd. tract of land, a
distance of 730.51 feet to the Point of Beginning and containing an area of 1.054 acrtA of land, more or
less.
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