HomeMy WebLinkAboutEASEMENT FACSIMILE COVER SHEET
CITY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
COLLEGE STATION
College Station, Texas 77842
Phone 979.7 / Fax 979.764.349
Date: December 9, 2003 # of pages including cover: 12
If you did not receive a complete fax, please call our office immediately for a new transmittal.
TO: Ronnie Bolin FAX: 764 - 345 2
COMPANY: COCS
RE: Easement info
FROM: Jennifer Prochazka PHONE: (979)7 - 357 0
COMPANY: City of College Station
REMARKS: Urgent n For your review n Replay ASAP n FYI
Ronnie,
Here is the "DRIVE & PARKING EASEMENT" for the Cross Street Warehouse
Apartment project. The second to last page is a survey of Cooley's lots (lost 12 & 13) and
the northern lot of the Cross Street Apartments (lot 14). The survey shows a PUE across
the back of these lots (P.U.E. 4783/47, 15' wide on their side of the property line). The
last page is a statement signed by Mr. Cooley that references that a utlitity trnsformer
can be located on a portion of the "Easement Property" which is lot 13...the new location
of the transformer is not lot 13, but looks like it may be on lot 12. Does this matter if the
whole thing would be in a PUE? If it does, can they move it closer to the dumpster pad?
You can kind of make out the cut out of the dumpster...Call me if you have questions.
#3826.
Doc Bk Vol F
77 00818458 OR 5381 107
/ 2--
J
STY ;04
DRIVE AND PARKING EASEMENT Ctkejlailk `
STATE OF TEXAS § P I *
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
This agreement is made and entered into by, between and among BILL J. COOLEY, 503
Glade Street, College Station, Texas 77840 (hereinafter "Cooley ") and RADAKOR LLC,
1710 Droxford Drive, Houston, Texas - 77008 -3102 (hereinafter "Radakor "), (the "Parties ");
WHEREAS, Cooley is the owner of Lots Twelve (12) and Thirteen (13), Block Four (4),
W.C. BOYETT ESTATE PARTITION, an addition to the City of College Station, Brazos
County., Texas, according to plat recorded in Volume 100, Page 440, Deed Records of Brazos
County, Texas; and
WHEREAS, Cooley has sold Radakor the adjoining Lot Fourteen (14), Block Four (4),
W.C. BOYETT ESTATE PARTITION, an addition to the City of College Station, Brazos
County, Texas, according to plat recorded in Volume 100, Page 440, Deed Records of Brazos
County, Texas; and
WHEREAS, Cooley has already constructed a three -story apartment building on Lot
Twelve (12), and
WHEREAS, Cooley has given a lien on Lots Twelve (12) and Thirteen (13) to Planters
and Merchants State Bank to secure the construction loan, said lien being recorded in Volume
4627, Page 227, Official Records of Brazos County, Texas, and renewed and extended in
document recorded in Volume 4984, Page 4, Official Records of Brazos County, Texas; and
1 -
Doc Bk Vol Pg
00818458 OR 5381 108
WHEREAS, Radakor has purchased Lot Fourteen (14) from Cooley, as well as additional
adjoining tracts and contemplates building an apartment complex on said tracts; and
WHEREAS, the Parties have agreed that as a portion of the consideration of the sale from
Cooley to Radakor that Lot Thirteen (13), still owned by Cooley, will be encumbered by a drive
and parking easement that will serve both Cooley's improvements on Lot Twelve (12) and
Radakor's improvements on Lot Fourteen (14) and other adjoining tracts to Lot. Fourteen (14);
and
WHEREAS, the Parties hereby agree that Cooley's Lot Twelve (12) Radakor's Lot
Fourteen (1 4) will hereafter be called the "Benefitted Property(s)" or "Properties" and that Lot
Thirteen (13) will hereafter be called the "Easement Property" or "The Easements ", and that the
plat attached as Exhibit "A" is a fair representation of all three lots and accurately portrays the
location of Cooley's improvements on Lot Twelve (12), as well as the existing driveway and
parking on Lot Thirteen (13). The Parties acknowledge that the improvements shown on Lot
Fourteen (14) will be removed and other improvements placed thereon; and
WHEREAS, the Parties agree that the purpose of this easement is to provide reasonably
free flow of vehicular and pedestrian traffic for ingress, egress, and access over and across the
Easement Property for the common benefit of the Benefitted Property(s) and the owners,
employees, agents, contractors, tenants, lienholders, guests and invitees thereof, for the use of the
improvements located on the Benefitted Property(s), and for the parking of vehicles by tenants
and other invitees of the Benefitted Property(s). Tenants of each respective Benefitted Property
are entitled to pedestrian and vehicular egress and ingress to, from, and across the Easement
Property, but are not entitled to park on the Easement Property in such a fashion that would result
2
Doc Bk Vol Pg
00818458 OR 5381 109
in the blocking of the driveway portion of the Easement Property (i.e., the tenants must park in
the designated parking spaces as constructed and so delineated).
NOW, THEREFORE, in consideration of the premises and the sum of TEN AND
NO /100 DOLLARS ($10.00), and other good and valuable consideration to each of the Parties in
hand paid, the receipt and sufficiency of which is hereby acknowledged, and of the mutual
covenants, agreements, conditions and stipulations herein contained, it is mutually covenanted,
stipulated and agreed by, between and among the parties as follows:
l . Grant of Easement. Cooley, as the owner of Lot Thirteen (13), hereby grants and
conveys unto Radakor, its successors and assigns, an easement and right -of -way on Lot Thirteen
(13) to provide a driveway and access to a parking area for Lot Fourteen (14), together with the
full and free right for Radakor, its lienholders, tenants and other invitees , in common with all
others having the like right, at all times hereafter, with or without automobiles or vehicles or on
foot, for the purpose of egress and ingress to and from Lot Fourteen (14). The Parties
acknowledge and agree that the most southern area of Lot Thirteen (13) that adjoins Lot Fourteen
(14) may be used by Radakor, or its successors, as a parking area (this is a strip of land
approximately twelve feet (12') in width that is presently unimproved).
2. Nonexclusive Rights. The rights granted by Cooley in the above paragraph are
nonexclusive, in that the rights granted shall be concurrent with Cooley's use of Lot Twelve (12),
including specifically, but not limited to, the right of access as a driveway and parking area for
Cooley's lienholders, tenants and other invitees of tenants.
3. Terms and Conditions. The following terms and conditions apply to the
easements granted by this agreement:
Doc Bk Vol Pg
00818458 OR 5381 110
(a) Character of Easements. The Easements are appurtenant to and run with
the Properties, and portions thereof, whether or not the easements are
referenced or described in any conveyance of the Properties, or any portion
thereof The Easements are for the benefit of the Parties, their lienholders
and the successors and assigns of the Parties who at any time own the
Properties or any interest therein (as applicable, the "Holders ").
(b) Duration of Easements. The duration of the Easements is perpetual.
(c) Nonexciusiveness of Easements. The Easements are nonexclusive, and
each of the Parties reserves for itself and its successors and assigns the
right to use all or part of The Easements in conjunction with any other
Holder and the right to convey to others the right to use all or part of The
Easements in conjunction with the Holders, as long as such further
conveyance is subject to the terms of this agreement.
(d) Use and Location of Easements. The Parties and other Holders will be
entitled to exercise direct access to and from the Properties to Tauber
Street without interference except as set forth in this agreement and to use
all access areas and driveways located on any portion of the Easement
Property in exercising The Easements. A Party's tenants, employees,
customers, and other invitees will not be entitled to park on the driveway
portion of the Easement Property, but will be permitted to walk or drive
across and otherwise traverse the Easement Property to obtain ingress to or
egress from their lots.
Each of the Parties, or their successors, may designate restricted parking
along the common property lines of Lots Twelve (12) and Fourteen (14) to
their adjoining property line of Lot Thirteen (13). These restricted parking
areas may be enforced by towing or other legal removal of violators. This
restriction does not apply to the center driveway area of Lot Thirteen (13).
The Parties and other Holders contemplate that the real property of Cooley
and Radakor, to which the easements upon the Properties are appurtenant,
is expected to have structural improvements adjoining the Easement
Property. Therefore, the Parties intend that the Properties and the
Easement Tract shall be used not only by themselves, their tenants and
other invitees, but also as access for vehicles customarily conducting
building service or garbage collection.
(e) Maintenance of Easement Property. All access ways and driveways of the
Easement Property located on the Properties must be maintained at a level
of appearance and utility consistent with the highest industry standards
4
Doc Pk Vol Pg
00818458 OR 5381 111
then prevailing for similarly used properties in the market in which the
Properties are located. After initial construction, each Party will be
equally responsible for the costs of maintaining the access ways and
driveways on the Easement Property. If a Party does not pay his share of
the required maintenance expense, then any other Holder, after giving the
nonpaying Holder thirty (30) days' written notice, will have the right to
legally pursue the nonperforming Holder. Reimbursement thereafter will
be payable on demand and include one -half ('/z) the cost of the
maintenance, plus interest at the rate of eighteen percent (18 %).
(0 Rights Reserved. Each Party reserves for that Party and that Party's
lienholders, successors and assigns the right to continue to use and enjoy
the surface of the Properties for all purposes that do not unreasonably
interfere with or interrupt the use or enjoyment of the Easement Property.
(g) Equitable Rights of Enforcement. These Easements may be enforced by
restrainthg 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
Parties to or those benefitted 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 rights or remedies
available at law or in equity.
(h) 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, court and other costs.
(i) Binding Effect. This agreement binds and inures to the benefit of the
Parties and their respective successors, and permitted assigns.
(j) Choice of Lcrw. This agreement will be construed under the laws of the
State of Texas, without regard to choice -of -law rules of any other
jurisdiction. Venue is in Brazos County.
(k) 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.
5
Doc Bk Vol Pg
00818458 OR 5381 112
(1) Waiver of Default. It is not a waiver of or consent to default if the non -
defaulting 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.
(m) 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.
(n) 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.
(o) 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.
(p) Legal Cofnstructionn. 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.
(q) 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) upon the expiration of five (5)
calendar days after being 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.
(r) Recitals. Any recitals in this agreement are represented by the,Parties to
be accurate, and constitute a part of the substantive agreement.
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Doc Elk Vol Pg
00818458 OR 5381 113
(s) Tine. Time is of the essence. Unless otherwise specified, all references to
"days" mean calendar days. If the date for the performance of any
obligations falls on a Saturday, Sunday, or legal public holiday, the date
for performance will be the next following regular business day.
EXECUTED this Zip day of June, 2003.
RADAKOR LLC, a Texas limited
liability ompany
By: '' Z/24 62 Vz' G�
B1LL J. COLEY ,� RANDALL D. KLE ' ., President
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the 40 day of June, 2003, by
BILL J. COOLEY.
" 1;. CHALON JONES
Z = I MY COMMISSION EXPIRES I
SEAL * q'
... November 30, 2004 Notary Public, State o Texas
i t
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the Z-0 day of June, 2003, by
RANDALL D. KLEIN, JR., President of RADAKOR LLC, a Texas Iimited liability company, on
behalf of said company.
; s "u4 CHALON JONES
` 4 MY COMMISSION EXPIRES Notary Public, State of Texas
�' ' -` N ovember 30, 2004
SEAL ,i ,
:►A_ � M AAA • -APA' .AA .* *AA* AL *AAAAA
7
Doc Bk Vol Fig
00818458 OR 5381 114
Consent and Subordination by Lienholders
Lienholders consent to the above grants of easements, including the terms and conditions
of the grants, and Lienholders subordinate their liens to the rights and interests of Holders, so that
a foreclosure of a lien will not extinguish the rights and interests of Holders.
PLANTERS AND MERCHANTS STATE
BANK
III . *. . ,
By: � .. f . f � � ' �
. W LIAM F. PHILLIPS, JR. ,
tle: Vice President
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the 4,0 °t' day of June, 2003, by
WILLIAM F. PHILLIPS, JR., Vice - President of PLANTERS AND MERCHANTS STATE BANK,
a banking corporation, on behalf of said bank.
Atti 4110
(„w Kathleen M. Leethenvood • % , ,
S14 *, r�o�y Pubic Nile of Tens Not : ry Public, State of ex..
My ConxniNioo Empires
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EXHIBIT "A"
12/08/03 10 :18 FAX 97969313V COPY CORNER X001
TO: The City of College Station
FROM: Bill J. Cooley
503 Glade Street
College Station, Texas 77840
RE: Lot 13, Block 4, W.C. Boyett Estate Partition
It sha11 be understood and agreed by the undersigned, BILL J. COOLEY, the record
owner of Lot 13, Block 4, W.C. Boyett Estate Partition, that CROSS STREET 1, L.P., the
record owner of Lot 14, Block 4, W.C. Boyett Partition, and thr current "Benefitted
Property' owner as stated in the DRIVE and PARKING EASEMENT (filed in the
records as Document # 00818458, Book OR, Vol. 5381, Pagel 14, of Brazos County,
Texas), has the right and permission to use a portion of the "Easement Property" (Lot 13)
for the purpose of erecting a utility transformer and placing a duwnpster(s) on the property
as long as said placement of either or both does not impede the flow of traffic to either
Lot 14, Lot 13, or Lot 12 of Block 4, W.C. Boyett Estate Partition.
Executed this )' day of December, 2003 by:
Bill J. Cooley, t • tier ,t'