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GRANT OF ACCESS EASEMENT r(ecs
Dement Haber: 00406861
DATE: March 1? , 2003 'snd -rr 1 "
Nempt td;.'giber — ?3`7?
GRANTOR (including address): Ronald Smith and Claudia Smith
8706 Sandstone Drive " Pal2R K`
College Station, TX 77845
GRANTEE (including address): Stephen W. Vaughan
5222 Enchanted Oaks Drive
College Station, TX 77845
DOMINANT ESTATE PROPERTY (including any improvements):
All that tract or parcel of land lying and being situated in the Robert Stephenson League,
Abstract 54, Brazos County, Texas, and being more particularly described in that certain
Correction Warranty Deed dated May 18, 2000 from Keith James Dopslauf, Individually and
as Independent Executor of the Estate of Edward Emmary Dopslauf to Stephen W.
Vaughan, recorded in Volume 3815 at Page 34 of the Official Records of Brazos County,
Texas.
EASEMENT PROPERTY:
Being a portion of that tract or parcel of land lying and being situated in the Robert
Stephenson League, Abstract No. 54, Brazos County, Texas and being a portion of that
tract or parcel described further in that certain Warranty Deed with Vendor's Lien from
Gregory A. Ricks and Agnes A. Ricks to Ronald Smith and Claudia Smith, recorded in
Volume 5080 at Page 214 of the Official Records of Brazos County, Texas. Said Easement
being more particularly described on Exhibit "A" attached hereto and incorporated herein
by reference.
EASEMENT PURPOSE:
For providing free and uninterrupted pedestrian and vehicular ingress and egress between
the Dominant Estate Property, and portions thereof, and State Highway No. 6 frontage
road. The Easement Purpose does not include the use of the Easement Property by
persons other than the owners of the Dominant Estate Property and the tenants, guests,
licensees or invitees of any residence, business or other operation located on the Dominant
Estate Property.
CONSIDERATION:
Satisfaction of a condition imposed by the City of College Station for site plan approval of
the development of Grantor's tract on which the Easement Property is located, the further
consideration of the easement grant and the mutual conditions contained in this Grant, and
other good and valuable consideration, the receipt and sufficiency of which is acknowl-
edged and stipulated.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY AND
DETERMINABLE CONDITIONS:
A. Reservations. Grantor reserves the following rights to be exercised only in combination with
ownership of all or a part of the Easement Property:
1. Reserved Rights. For Grantor and Grantor's heirs, successors and assigns forever, the
right to continue to use and enjoy the Easement Property for all purposes which do not
prevent the use or enjoyment of the Easement.
2. Nonexclusive Rights. For Grantor and Grantor's heirs, successors and assigns forever,
the right to convey the same or other rights and easements to others.
B. Exceptions. This conveyance is made and accepted subject to any and all matters, ordinances,
restrictions, covenants, conditions, encumbrances, rights of way, easements, tax liens, boundary
disputes, shortages in area, matters shown on surveys, maps or plats, encroachments, overlapping
of improvements, rights of parties in possession, maintenance charges and the lien securing said
charges, and all outstanding mineral and royalty interest, if any, affecting the Property, whether or
not of record in the office of the County Clerk of Brazos County.
C. Determinable Conditions. The Grantee will: (1) use the Easement only for the benefit of the
Dominant Estate Property; and (2) timely comply with Grantee's obligations under Section A.2.a.
below. An affidavit of Grantor stating that the conditions have not been fulfilled filed in the Official
Records of Brazos County, Texas is conclusive evidence that the conditions have not been fulfilled
and third parties may rely on it.
AGREEMENT:
Grantor, for the Consideration and subject to the Determinable Conditions, Reservations From and
Exceptions to Conveyance and Warranty, GRANTS, SELLS AND CONVEYS to Grantee an
easement over, upon and across the Easement Property for the Easement Purpose and for the
benefit of the Dominant Estate Property, and portions thereof, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee's
heirs, successors, or assigns, for so long as the Determinable Conditions are satisfied, and if the
Determinable Conditions are not satisfied, the easement will automatically revert and be owned by
Grantor without the necessity of further act on the part of Grantor, it being Grantor's intent to
convey a determinable easement estate to Grantee. Grantor binds Grantor and Grantor's heirs
and successors to so warrant and defend all and singular the easement to Grantee and Grantee's
heirs, successors, and assigns, against every person whomsoever lawfully claiming or to claim the
same or any part thereof, except as to the Reservations From and Exceptions to Conveyance and
Warranty, and subject to the Determinable Conditions, by and through Grantor but not otherwise.
A. EASEMENT TERMS AND CONDITIONS:
The easement is subject to the following terms and conditions:
1. Obligations of Grantor. Grantor will:
a. Maintenance. Construct a curb cut and improve, repair and maintain the Easement
Property in a neat and clean condition. The costs of such improvement, repair and maintenance
4
shall be shared equally between Grantor and Grantee as provided in Section A.2.a. below.
2. Obligations of Grantee. Grantee will:
a. Maintenance Costs. Pay its one -half (1/2) share the costs of improvement, repair and
maintenance of the Easement Property to Grantor within fifteen (15) days of receipt of an invoice
from Grantor. All sums due for maintenance costs which are not paid within fifteen (15) days will
accrue interest at ten percent (10 %) per annum.
b. Hazardous Materials. Not cause or knowingly authorize environmentally hazardous
materials to be transported on the easement; and
c. Nuisance. Not knowingly cause, authorize, or fail to halt any common law nuisance to
occur on the Easement Property.
3. General.
a. Character of Easement. The easement granted is appurtenant to, and will run with, the
Dominant Estate Property, and portions thereof, whether or not it is referenced in any conveyance
of the Dominant Estate Property, and /or any portion of it.
b. Duration of Easement. The easement will continue so long as the Determinable
Conditions are satisfied.
c. Exclusiveness of Easement. The easement is nonexclusive.
d. Limitation of Warranties. Except for the warranties of title, there are no implied
warranties of merchantability, of fitness for a particular purpose, or of any other kind arising out of
this Grant.
e. Allocation of Responsibility. Each party is responsible for loss or liability caused by such
party, or by those using the easement on the basis of such party's invitation or consent.
f. Limitation on Assignment & Exercise. Any assignments or exercise of this easement by
Grantee are prohibited except to the extent the easement remains appurtenant to the Dominant
Estate.
B. MISCELLANEOUS:
1. Attorney's Fees. If either party retains an attorney to enforce the terms of this
instrument, the prevailing party is entitled to recover reasonable attorney's fees.
2. Amendment. This Grant may be amended only by an instrument in writing signed by
the parties to be bound by it.
3. Binding Effect. This Grant is binding upon and will inure to the benefit of the parties
hereto and their respective heirs, successors and assigns where not prohibited by this Grant; thus,
the term "Grantor" and "Grantee" includes the successors, heirs and assigns of each party.
4. Choice of Law. This Grant is subject to, governed by and enforced under the laws of
the State of Texas. Each party submits to the jurisdiction of the state and federal courts in the
State of Texas and to venue in the county in which the Easement Property is situated.
5. Effect of Waiver or Consent. No waiver or consent, express or implied, by any party to
or of any breach or default by any party in the performance by such party of its obligations
hereunder will be deemed or construed to be a consent or waiver to or of any other breach or
default in the performance by such party of the same or any other obligations of such party
hereunder. Failure on the part of a party to complain of any act of any party or to declare any party
in default, irrespective of how long such failure continues, will not constitute a waiver by such party
of its rights hereunder until the applicable statute of limitation period has run.
6. Legal Construction. If one or more of the provisions of this Grant are invalid, illegal or
unenforceable in any respect, to the extent the invalidity or unenforceability does not destroy the
basis of the bargain among the parties, it will not affect any other provision and this Grant will be
construed as if such invalid, illegal or unenforceable provision had never existed. When required
by the context, singular nouns and pronouns include the plural and the neuter includes the
masculine or feminine gender. The Article and Section headings are for convenience of reference
only and are not intended to limit or define the text. This Grant is not to be construed more or less
favorably between the parties by reason of authorship or origin of language.
7. 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
shown, and if not shown, then at the last known address according to the records of the party
delivering the notice. Notice given in any other manner will be effective only if and when received
by the addressee. Any address for notice may be changed by written notice delivered in the same
manner.
8. Recitals. Any recitals in this Grant are represented by the parties hereto to be accurate,
and constitute a part of the Grant.
9. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean
and refer to calendar days. Business days exclude all Saturdays, Sundays, and federal legal
holidays. In the event the date for performance of any obligation falls on a Saturday, Sunday or
federal legal holiday, that obligation will be performable on the next following business day.
RONALD SMITH
CLAUDIA SMITH
THE STATE OF TEXAS § (ACKNOWLEDGMENT)
COUNTY OF BRAZOS §
BEFORE ME, the undersigned authority, on this day personally Ronald Smith and
Claudia Smith, who, being first duly sworn by me, stated upon their oath that they executed the
foregoing instrument for the purposes and consideration therein ex. - sed.
fit
GIVEN UNDER MY HAND AND SEAL • •FFICE this th- / day of March,
2003.
, , BARBARA GIESENSCHLAG xas Nota , Public, State • Te as
F� d� `�" Notary Public, State of Te
My Commission Expires NQt. ry's Printed Name:
:�rF +'s September 30, 2004
EXHIBIT "A"
FIELD NOTES
0.136 OF ONE ACRE
PROPOSED JOINT USE ACCESS EASEMENT
BEING OUT OF LOT 2, BLOCK 1, HARLEY SUBDIVISION
PLAT IN VOLUME 3961, PAGE 236
ROBERT STEVENSON LEAGUE, A - 54
BRAZOS COUNTY, TEXAS
MARCH 5, 2003
All that certain lot, tract or parcel of land containing 0.136 of one acre situated in the ROBERT
STEVENSON LEAGUE, Abstract No. 54, and being out of and part of Lot 2, Block 1, Harley
Subdivision according to the plat of record in Volume 3961, Page 236, Official /Deed Records of
Brazos County, Texas (O. /D.R.B.C.T.); said Lot 2 being described in deed to Ronald Smith and
Claudia Smith recorded in Volume 5080, Page 214 of the Official /Deed Records of Brazos
County, Texas (O. /D.R.B.C.T.): said 0.136 of one acre tract of land being more particularly
described by metes and bounds as follows:
BEGINNING at a point for the most westerly comer at the most westerly corner of said Lot 2,
same being the most southerly corner of the Stephen Vaughan called 0.86 acre remainder of a
called 7.2 acre tract, as occupied, and as described in Volume 3815, Page 34 (O. /D.R.B.C.T.),
same also being a point in the northeast right -of -way line of State Highway No. 6 (East Bypass);
THENCE, N 47 °49'52" E, along the northwest line of said Lot 2 and the southeast line of said
Vaughan called 0.86 acre remainder tract, a distance of 90.37 feet to a point for the most
northerly corner;
THENCE, S 47 °19'43" ye with a line across, within and through said Lot 2, a distance of 61.87
feet to a point for the most easterly corner;
THENCE, S 42 °40'17" W, continuing with a line across, within and through said Lot 2, a distance
of 90.00 feet to a point for the most southerly corner in the southwest line of said Lot 2 and the
aforesaid northeast right -of -way line of State Highway No. 6 (East Bypass);
THENCE, N 47 °19'43" W, along said southwest line of Lot 2 and said northeast right -of -way line
of State Highway No. 6 (East Bypass), a distance of 70.00 feet to the POINT OF BEGINNING
AND CONTAINING AN AREA OF 0.136 OF ONE ACRE (5,934 square feet) OF LAND, MORE
OR LESS, according to a survey performed on the ground in March, 2003, under the supervision
of H. Curtis Strong, Registered Professional Land Surveyor No. 4961.
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