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HomeMy WebLinkAboutAccess Easement(0)P Access Easement Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. Date: Grantee: UHCS DEVELOPMENT, LTD. and UNIVERSITY HEIGHTS PHASE I OWNERS ASSOCIATION, INC. mug /q Grantor: MJ S HOLLEMAN, LTD. Grantor's Mailing Address: 5704 Travis Green Lane Austin, Travis County, Texas 78735 Grantee's Mailing Address: 5704 Travis Green Lane Austin, Travis County, Texas 78735 , 2012 Volume_ 16 s 3 Ns e- Lo Dominant Estate Property: Grantee's property, more particularly described in Exhibit "A ", attached hereto and made a part hereof. Easement Property: That certain strip, parcel or tract of land mare particularly described in Exhibit "B ", attached hereto and made a part hereof. Easement Purpose: For providing free and uninterrupted vehicular ingress to and egress from the Dominant Estate Property, to and from the detention pond common area, consisting of 2.553 acres, more or less, located on the northwest boundary of the Los Palomas Subdivision in College Station, Texas. Consideration: Good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor and Grantee, including without limitation, (a) the agreement of Grantee to the terms of this instrument, and (b) the agreement by University Heights Phase I Owners Association, Inc. to maintain and repair the detention pond. Access Easement IREIMJBS.UHCS.Easement (le); File #110330 Page 1 of 6 Reservations from Conveyance: Grantor reserves for itself and its assigns, the nonexclusive right to use the Easement Property for the Easement Purpose, in common with Grantee, and others to whom Grantor may convey the same or similar easement privileges ( "the Holders "). Exceptions to Warranty: Presently recorded and valid instruments that affect the Easement Property. Grant of Easement: Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's successors and assigns an easement over, on, and across the Easement Property for the Easement Purpose and for the benefit of the Dominant Estate Property, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement "), to have and to hold the Easement to Grantee and Grantee's heirs and assigns, forever. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 1. Character of Easement. The Easement is appurtenant to and runs with all or any portion of the Dominant Estate Property, whether or not the Easement is referenced or described in any conveyance of all or such portion of the Dominant Estate Property. The Easement is nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's successors and assigns who at any time own the Dominant Estate Property or any interest in the Dominant Estate Property. The Dominant Estate Property will be subdivided, and all owners of lots or parcels, and their heirs and assigns, shall benefit from the easement. 2. Duration of Easement. The duration of the Easement shall continue in perpetuity, unless UHCS Development, Ltd., and its successors or assigns, dedicate the Easement as a public street or right of way, at which time the Easement shall terminate. Access Easement 1REIMJBS.UHCS.Easement (la); File #110330 Page 2 of 6 3. Non - exclusiveness of Easement. The Easement in non - exclusive. 4. Reservation of Rights. Grantor reserves for Grantor and Grantor's successors and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the Easement Purposes. Grantor reserves for Grantor and Grantor's successors and assigns the right to use all or part of the Easement in conjunction with Grantee and the right to convey to others the right to use all or part of the Easement in conjunction with Grantee. 5. Improvement and Maintenance of Easement Property. Improvement and maintenance of the Easement Property and the road presently located on the Easement Property will be at the sole expense of Grantee. Grantee has the right to eliminate any encroachments into the Easement Property. Grantee has the right to construct, install, maintain, replace, and remove a road with all culverts, bridges, sewer facilities, and similar or related utilities and facilities under or across any portion of the Easement Property (collectively, the "Road Improvements "). All matters concerning the configuration, construction, installation, maintenance, replacement and removal of the Road Improvements are at Grantee's sole discretion. 6. Attorney's Fees. 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. 7. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective successors and permitted assigns. 8. Choice 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 the county or counties in which the Easement Property is located. 9. 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. All counterparts will be construed together and will constitute one and the same instrument. Access Easement lRE\MJBS.UHCS.Easement (la); File #110330 Page 3 of 6 10. Waiver of Default. It is not a waiver of or 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 law. 11. 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. 12. Indemnity. Each party 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. 13. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 14. 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. 15. 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, Access Easement IREIMJBS.UHCS.Easement (la); File #110330 Page 4 of 6 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. 16. Recitals. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. 17. 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. GRANTOR: GRANTEE: UHCS DEVELOPMENT, LTD. GRANTEE: MJBS HOLLEMAN, LTD. BY: MJBS HOLLEMAN GP, INC., General Partner By: BY: UHDEV GP, INC., General Partner By: BY: Pc_,0 a_ Paul A. Schultz, President Paul A. Schultz, President UNIVERSITY HEIGHTS PHASE I OWNERS ASSOCIATION, INC. IL 1/4---" C Paul A. Schultz, President Access Easement IREIMJBS.UHCS.Easement (la); File #110330 Page 5 of 6 STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the 1 day 2012, by Paul A. Schultz, President of MJBS Holleman GP, Inc., a Texas corpor G eneral Partner of MJBS Holleman, Ltd., a Texas limited partnership, on behalf of said corporation and in the capacity herein stated. Notary Pubic. State of Texas My Commission Expires r ' F +'. SEPTEMBER 9, 2013 TOY MAYS STATE OF TEXAS COUNTY OF '-- 1)(c.a[ri TOY MAYS Notary Public, State of Texas My Commission Expires SEPTEMBER 9, 2013 TOY MAYS Notary Public, State of Texas My Commission Expires SEPTEMBER 9, 2013 Access Easement 1REIMJBS.UHCS.Easement (la); File #110330 Cv- L of Sta Texas This instrument was acknowledged before me on the �k day of — Sc,,vv;� ,,c', , 2012, by Paul A. Schultz, President of UHDEV GP, Inc., a Texas corporation, General Plertner of UHCS Development, Ltd., a Texas limited partnership, on behalf of said corporation and in the capacity herein stated. STATE OF TEXAS COUNTY OF j(CC r t, IsIN This instrument was acknowledged before me on the \ 7, day of 2012, by Paul A. Schultz, President of UNIVERSITY HEIGHTS PHASE I OWNERS ASSOCIATION, INC., a Texas non - profit corporation, on behalf of said corporation and in the capacity herein stated. NO R BLIC, Stye of Texas Page 6 of 6 Joe Schultz From: Sent: To: Subject: Yes, Sir....it's Volume 10500, Page 209. Lisa Lisa Anthony <Lisa @HLE.com> Friday, January 20, 2012 8:49 AM Joe Schultz RE: MJBS /UHCS access easement From: Joe Schultz jmailto:joeschultz84Ca verizon.netj Sent: Thursday, January 19, 2012 5:02 PM To: Lisa Anthony Subject: RE: MJBS /UHCS access easement Lisa, Does the receipt have the Volume and Page on it? Thanks Joe From: Lisa Anthony [mailto:Lisa @HLE.coml Sent: Thursday, January 19, 2012 4:28 PM To: ioeschuItz84Cn1verizon.net Cc: Cully Lipsey Subject: MJBS /UHCS access easement / a f ntlleor Legal Assistant to Cully Lipsey Hoelscher, Lipsey, Elmore & Poole, P.C. 1021 University Drive E. College Station, TX 77840 979 -846 -4726 main line 979 -846 -4725 fax 979- 314 -1165 direct line HAPPY NEW YEAR! Mr. Schultz — Attached for your information is a file- stamped copy of the access easement which we delivered to the Brazos County Clerk's office this afternoon for recording. 1 Exhibit A METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A 39.858 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO MJBS HOLLEMAN, LTD RECORDED IN VOLUME 10052, PAGE 256 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 3 /4 INCH IRON PIPE FOUND ON THE SOUTHWEST LINE OF HOLLEMAN DRIVE SOUTH (100' RO.W.) MARKING THE NORTH CORNER OF SAID 39.858 ACRE TRACT AND 'IHE EAST CORNER OF A CALLED 20305 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO JOHN KEMP AND WIFE, LINDA KEMP RECORDED IN VOLUME 2561, PAGE 86 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. FOR REFERENCE, CITY OF COLLEGE STATION GPS MONUMENT NO. 116 BEARS: S 08° 05' 26" E FOR A DISTANCE OF 9830.69 FEET; THENCE: S 22° 04' 25" E ALONG THE SOUTHWEST LINE OF HOLLEMAN DRIVE SOUTH FOR A DISTANCE OF 871.86 FEET TO A POINT MARKING THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT. FOR REFERENCE, A 1/2 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID 39.858 ACRE TRACT BEARS: S 22° 04' 25" E FOR A DISTANCE OF 401.05 FEET; 'THENCE: THROUGH SAID 39.858 ACRE TRACT FOR '1' FOLLOWING CALLS: S 68° 52' 14" W FOR A DISTANCE OF 22.13 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER - CLOCKWISE CURVE HAVING A RADIUS OF 175.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 30' 13" FOR AN ARC DISTANCE OF 77.90 FEET (CHORD BEARS: S 55° 10' 29" W - 77.25 FEET) TO A. POINT MARKING THE END POINT OF SAID CURVE; S 42° 25' 22" W FOR A DISTANCE OF 474.28 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER - CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 79° 07' 23" FOR AN ARC DISTANCE OF 34.52 FEET (CHORD BEARS: S 02° 51' 41" W - 31.85 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE AND THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 175.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 17' 45" FOR AN ARC DISTANCE OF 34.50 FEET (CHORD BEARS: S 31° 03' 08" E - 34.45 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE; S 64° 35' 45" W FOR A DISTANCE OF 50.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER - CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 112° 10' 23" FOR AN ARC DISTANCE OF 48.94 FEET (CHORD BEARS: N 81° 29' 26" W - 41.49 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE; S 42° 25' 22" W FOR A DISTANCE OF 1.49 FEET TO A POINT; N 47° 34' 38" W FOR A DISTANCE OF 50.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER - CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; Exhibit of c � e Exi ib`t E6 3 4 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 99° 19' 13" FOR AN ARC DISTANCE OF 43.34 FEET (CHORD BEARS: N07° 14' 14" W - 38.11 FEET) TO A POINT MARKING TEE END POINT OF SAID CURVE; N 56° 53' 51" W FOR A DISTANCE OF 64.35 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER- CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80° 40' 47" FOR AN ARC DISTANCE OF 35.20 FEET (CHORD BEARS: S 82° 45' 46" W - 3237 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE; S 42° 25' 22" W FOR A DISTANCE OF 12.14 FEET TO A POINT; N 47° 34' 38" W FOR A DISTANCE OF 24.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER- CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 99° 19' 13" FOR AN ARC DISTANCE OF 43.34 FEET (CHORD BEARS: N07° 14' 14" W- 38.11 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE; N 56° 53' 51" W FOR A DISTANCE OF 6333 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER- CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80° 40' 47" FOR AN ARC DISTANCE OF 35.20 FEET (CHORD BEARS: S 82 46" W - 32.37 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE; S 42° 25' 22" W FORA DISTANCE OF 16.41 FEET TO A POINT; N 47° 34' 38" W FOR A DISTANCE OF 50.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER- CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 99' 19' 13" FOR AN ARC DISTANCE OF 43.34 FEET (CHORD BEARS: N 07° 14' 14" W - 38.11 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE; N 56° 53' 51" W FOR A DISTANCE OF 192.54 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER - CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80° 40' 47" FOR AN ARC DISTANCE OF 35.20 FEET (CHORD BEARS: S 82°45' 46" W - 3237 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE; S 42° 25' 22" W FORA DISTANCE OF 16.41 FEET TO A POINT; N 47° 34' 38" W FOR A DISTANCE OF 50.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 99° 19' 13" FOR AN ARC DISTANCE OF 43.34 FEET (CHORD BEARS: N 07° 14' 14" W-38.11 FEET) TO A POINT MARKING '1'11E END POINT OF SAID CURVE; N 56° 53' 51" W FOR A DISTANCE OF 92.17 FEET TO A POINT ON THE COMMON LINE OF SAID 39.858 ACRE TRACT AND SAID 20305 ACRE TRACT. FOR REFERENCE, A 3/4 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID 39.858 ACRE TRACT BEARS: S 42° 25' 22" W FOR A DISTANCE OF 665.55 FEET; THENCE: N 42° 25' 22" E ALONG SAID COMMON LINE FOR A DISTANCE OF 1137.21 FEET TO THE POINT OF' BEGINNING CONTAINING 15.83 ACRES OF LAND, MORE OR LESS. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED BY GPS OBSERVATION. EXfHBT "B' METES AINa BOUNDS DESCRIPTION OF A 50' ACCESS EASEtkaNT CRAWFORD BT,TRNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUN'IY, TEXAS METES AND BOUNDS DESCRPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF A CALLED 39.873 ACRE TRACT AS DESCRIBED BY A DEED TO MJBS HOT T.FMAN LTD. RECORDED IN VOLUME 10052, PAGE 256 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AM) BOUNDS AS FOLLOWS: COMMENCING AT A'A INCH IRON ROD FOUND ON TEE SOUTHWEST LINE OF HOLLEMAN DRIVE (FORMERLY KNOWN AS JONES- BUTLER ROAD) MARIUNG THE EAST CORNER OF SAID 39.873 ACRE TRACT AND TIE NORTH CORNER OF LAS PALOMAS SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 7367, PAGE 53 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 42° 51' 42" W ALONG THE COMMON LINE OF SAID 39.873 ACRE TRACT AND LAS PALOMAS SUBDIVISION FOR A DISTANCE OF 517.54 FEET TO THE NORTHEAST LINE OF LOS PORTALES DRIVE (50' R.O.W.) AND THE POINT OF BIFGINNING OF THIS HEREIN DESCRIBED EASEMENT; TEIENCE: S 42° 51' 42" W CONTINUING ALONG THE COMMON LINE OF SAID 39.873 ACRE TRACT AND LOS PALOMAS SUBDIVISION AND ACROSS THE END OF LOS PORTALES DRIVE FOR A DISTANCE OF 50.00 NFET TO THE SOUTHWEST LINE OF LOS PORTALES DRIVE, FOR REFERENCE A''A INCH IR.ONROD FOUND MARKING TEE COMMON CORNER OF SAID 39.873 ACRE TRACT AND LAS PALOMAS SUBDIVISION BEARS: S 42° 51' 42" W FOR A DISTANCE OF 662.47 THENCE: THROUGH SAID 39.873 ACRE TRACT AND ALONG THE FUTURE EXTENSION OF LOS PORTALES DRIVE FOR TIE FOLLOWING CALLS: N47° 07' 29" W FOR A DISTANCE OF 165.55 FEET TO TEE BEGINN]ZNG OF A CLOCKWISE CURVE HAVING A RADIUS OF 175.00 FRFT; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35° 13' 46' FOR AN ARC DISTANCE OF 107.60 FEET (CHORD BEARS: N 29° 30' 36" W - 105.91 FEET) TO THE END OF SAID CURVE; N 11° 53' 43" W FOR A DISTANCE OF 71.55 hEET TO TIM BEGINN33NG OF A COUN'T'ERCLOCKWISE CURVE HAVING A RADIUS OF 125.00 FAT; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13° 30'32" FOR AN ARC DISTANCE OF 29.47 FEET (CHORD BEARS: N 18° 38' 59" W - 29.40 FEET) TO THE END OF SAID CURVE; N 64°35' 45" E FOR A DISTANCE OF 50.00 FAT TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 175.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°30'32" FOR AN ARC DISTAANOE OF 41.26 FEET (CHORD BEARS: S 18° 38' 59" E - 41.16 FEAT) TO TIM END OF SAD CURVE; S 11° 53' 43" E FORA DISTANCE OF 71.55 FEET TO THE BEGDZNINGOF A CO" CLOCKWISE 1 Exhibit P2nA i of 3 Pa.ges CURVE HAVING A RADIUS OF 125.00 FEET; ALONG SAID CURVE I H OUGH A CENTRAL ANGLE OF 35° 13' 46" FORAN ARC DISTANCE OF 76.86 FEET (CHORD BEARS: S 29° 30' 36" E — 75.65 FEET) TO THE END OF SAID CURVE; S 47° 07 29" E FOR A DISTANCE OF 165.55 FEET TO TIE POBVT OF BEGLNNLNG CONTATIVING 0.42 OF AN ACRE OF LAND, MORE OR. LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISIMD FROM GPS OBSERVATION. SEE FLAT PREPARED OCTOBER 2011 FOR MORE DESCRB'TIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB/ 11- 554.MAB 4.