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HomeMy WebLinkAboutEasements De, bon ikyw .1 DM I NIX CfATlit 0 Ck. OYN 03- li 0 EASEMENT DEDICATION SHEET To be filled ;it and oVLn lltt6d with w+i uutiun plans aid spncificalionb fur preUminyry rti Yle`N (Not to be used where City is purchasing property) THIS SECT 0 TO EaE COMPLt I tU 1SY CITY STAFF / xl/ PROCESSED BY: • 0 / I ti. Ail /1 _ DEPT. f eti. EMT. J�'".� REQUESTED SY: , I � n 2 �� DEPT. 4 " EXTie3P/ ACCOUNT NO, 00/ - 1 13_ 0- 5 1 1/ —4/ Q PROJECT NO. (For ordering title work, appraisals, etc.) TYI'v OF EASEMENT: _ Public Utilities (PUE) X Temporary Blanket PUE Electric Only (prior to building permit) Water Onl SPECIAL INSTRUCTIONS: REVIEW AND APPROVAL REQUIRED /GIVEN SY THE FOLLOWING DEPARTMENTS: Approval Required By: Electric Approval Given By Electric to'eas& initial) Water/WW (pleas• initial) _ Asst, City Engineer Asst. City Engineer Public Works _ Public Works METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY: 0.0-12.0b eZ ""'r/ J.1iC.cl/ (City Staff - Nema/Dept.) THIS SECTION TO BE COMPLETED BY APPLICANT PRC FRTY OWNER(S): Southwood West (Names must be exactly as they appear or the deed) ADDRESS: 4101 Texas Avenue, Suite B PHONE NUMBER: 979 846 -4500 Bryan, Texas 77802 \'''''\ , At 1. LENDERS (PI aso furnish copies of all lien documents): First American Ban1 John Bush 27 17 Texa�aplsses) College Station, TX 7785 � � • � IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOIN VENTURE (also s ®e #5 below); i 1 State of Incorporation /Registration _ 2. Partners' Narnes (if applicable) Jim Woods and ,Tuff ajt- 7kuwP7 7 3 Person Authorized to Sign Jim Woods and Jeff McDowell (Name and Title) - -'— LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING: (Please chock Items that are attached) 1. A copy or a recent (wltnrn eu pays) peed or title Insurance policy showing the names of the grantors /owners: and 2. For unolatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the easement; or ✓ 3. For platted property, a copy of the plat showing the lot. block. subdivision, and recording / 4, For blanket easements, a signed, seated and dated meta and bounds description nEd l a f diagram of the property. : / 5 5. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authorit to sl of the corporation, partnership, or Joint venture. Y gn on behalf ... ei Name, address and phone number of person who i s to receive the easement and be responsible for getting it executed: Jim Woods PO Box 10220 College Station, TX 77842 979 - 693 -1617 .4ny land acquisition resulting from Capital Improvement Projects requital It Mao ng With the Legal Department. bs'd. `S rouptdeve sertjorms12002 internal appllcationsirasemrnr dedication aheet,doc Z0/L0 39Vd 213S IN3Wd013A3Q S000 96tEb9L6L6 6b :0T PAGT. ibc+ion Doc Bk Vo Pg 00836755 OR 5719 177 ACCESS EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOWN ALL PERSONS BY THESE PRESENTS: COUNTY OF BRAZOS § DATE: November f, 2003 GRANTOR: J Squared, a Texas general partnership 00 G, h g_/ 5 - 7 i4 ( 7,‘ / : k 7 7 4r e GRANTEE: Southwood West, a Texas general partnership 4101 Texas Ave. Suite B Bryan, TX 77802 LIENHOLDER: First American Bank, SSB 1111 Briarcrest Drive Bryan, TX 77802 DOMINANT ESTATE PROPERTY: Lot Five (5), Block Two (2), Edelweiss Business Center, an addition in College Station, Brazos County, TX, according to the plat recorded in Volume 5 i'" 2 ; Page6± Official Records of Brazos County, TX. BURDENED ESTATE PROPERTY: Lot Four (4), Block Two (2), Edelweiss Business Center, an addition in College Station, Brazos County, TX, according to the plat recorded in Volume Page Records of Brazos County, TX. EASEMENT PROPERTY: An easement twelve and one -half feet (12.5') wide adjacent to and contiguous with the western boundary line of the Burdened Estate Property and being as further described in Exhibit "A" attached hereto and incorporated herein by this reference. EASEMENT PURPOSE: For providing free and uninterrupted pedestrian and vehicular ingress and egress between the Dominant Estate Property, and portions thereof, and FM 2154. Access Easement Agreement Page 1 Doc Bk Vol Pg 00836755 OR 5719 178 CONSIDERATION: Cash in hand paid, the further consideration of the easement grant and the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged and stipulated. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: A. Reservations. Grantor reserves the following rights to be exercised only in combination with ownership of all or a part of the Burdened Estate Property: 1. Reserved Rights. For Grantor and Grantor's successors and assigns forever, the right to continue to use and enjoy the surface of the Easement Property for all purposes directly related to the Burdened Estate Property which do not interfere with or interrupt the use or enjoyment of the ease- ment; 2. Nonexclusive Rights. For Grantor and Grantor's successors and assigns forever, the right to convey the same or other rights and easements to others as an appurtenant easement for substantially the same purpose, so long as any further conveyance is subject to this grant; and 3. Utilities. For Grantor and Grantor's successors and assigns forever, the right to place, construct, operate, repair, replace and maintain utility lines and facilities (including without limitation, water, wastewater, stormwaterand drainage, gas, electric, telephone, and cable television lines and systems), public or private streets or roads, driveways, parking areas, fences and landscaping, in, over, under and across the Easement Property, and to grant public and /or private easements for such purposes, and to raise or lower the level of the surface of the Easement Property; PROVIDED that: (a) such use of the Easement Property does not unreasonably interfere with or prevent the use of the Easement Property by Grantee for the purposes for which the easement is granted; (b) no permanent structures or improvements shall be installed, placed or constructed on the surface of the Easement Property; and (c) any proposed improvements, easements or conflicting use of the Easement Property shall be subject to the prior approval of Grantee. B. Exceptions. 1. Easements. All easements, rights -of -way and prescriptive rights, whether of record or not, pertaining to any portion of the Easement Property; 2. Minerals. All presently recorded and valid mineral estate exceptions, rights of development or leases, royalty reservations and other instruments constituting mineral interest severances of any kind; Access Easement Agreement Page 2 Doc Bk Vol pg 00836755 OR 5719 179 3. Restrictive Covenants. All presently recorded restrictive covenants, terms, conditions, contracts, provisions, zoning ordinances and other items, but only to the extent they are still in effect; 4. Recorded Instruments. All presently recorded instruments; and 5. Inspection. Any conditions that would be revealed by a physical inspection and survey. AGREEMENT: Grantor, for the Consideration and subject to the 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, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the easement to Grantee and Grantee's 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. A. EASEMENT TERMS AND CONDITIONS: The easement is subject to the following terms and conditions: 1. Agreements of Grantor. Grantor agrees to: a. Maintenance. Improve, repair and maintain the Easement Property in a neat and clean condition at Grantor's sole expense; and b. Insurance. Obtain and maintain public liability coverage on the Easement Property. 2. Limitations on Grantor. Grantor agrees not to: a. Interference. Interfere with or interrupt the use or enjoyment of the ease- ment; and b. Construction of Improvements. Construct improvements on or under the Easement Property, except as provided in subpart 3. of Part A - Reservations above. ! 3. Agreements of Grantee. a. Indemnity. Grantee agrees to indemnify and hold Grantor harmless from and against all loss, liability, and expense of whatsoever nature (including reasonable attorney's fees) to persons or property caused by or arising out of: (i) the Grantee's exercise of easement rights under this Agreement, (ii) default on the terms and conditions of this Agreement, or (iii) failure to Access Easement Agreement Page 3 Doc Bk Vol Pg • 00636755 OR 5719 180 comply with applicable laws, rules, regulations and safety standards relating to it; and b. Insurance. At Grantee's expense, obtain and maintain public liability insurance coverage on the Easement Property, naming Grantor as an additional insured, in form and substance reasonably required from time to time by Grantor, with such policies being prepaid for one (1) year and renewed at least twenty (20) days prior to the anniversary date, and certificate and a copy of the policy provided to Grantor within five (5) days of the execution hereof and each renewal thereof. The public liability insurance policy shall be written on an "occurrence" policy form, covering bodily injury, property damage, and personal injury, arising out of or relating, directly or indirectly, to Grantee's operations, conduct, assumed liabilities, or use or occupancy of the Easement Property. Grantee's liability insurance must include the broadest available form of contractual liability coverage. The minimum acceptable limits for Grantee's liability Insurance are $1,000,000. Grantee must cause Grantor to be named as "additional insured" by endorsement satisfactory in form and substance to Grantor. 4. Limitations on Grantee. Grantee agrees not to: a. Hazardous Materials. Cause or knowingly authorize environmentally hazardous materials to be transported on the easement; and b. Nuisance. Knowingly cause, authorize, or fail to halt any common law nuisance to occur on the Easement Property. 5. Mutual Agreements. Grantor and Grantee agree: 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 is perpetual; 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 Agreement; 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; and f. Limitation on Assignment & Exercise. Any assignments or exercise of this easement by Grantee or of the Grantor's rights in this Agreement are prohibited except to the extent the easement remains appurtenant to the Access Easement Agree Page 4 B. REMEDIES: Dominant Estate and the Grantor's rights in this Agreement are based upon ownership of the Burdened Estate Property r� !6p155 QR 181 1. Equitable- Rights of Enforcement. 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 lienholder of the easement or part of it; provided, however, this is not to be an election of remedies or a waiver of any other rights or remedies available at law or in equity; and 2. Alternative Dispute Resolution. Grantor and Grantee agree to submit in good faith to mediation before filing a suit for damages. C. 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 Agreement may be amended only by an instrument in writing signed by the parties to be bound by it. 3. Binding Effect. This Agreement 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 Agreement; thus, the term "Grantor" and "Grantee" includes the successors and assigns of each party. 4. 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 and federal courts in the State of Texas and to venue in the county in which the Easement Property is situated. 5. 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 are to be construed together and will constitute one and the same instrument, and the signature pages of each document may be attached to one instrument for convenience or for recording. 6. 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. Access Easement Agreement Page 5 I.. Doc Bk Vol Pg • 00836755 OR 5719 192 7. Further Assurances. In connection with this Agreement as well as all transactions contemplated by this Agreement, each signatory party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all such transactions. 8. Integration. This Agreement contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there are no oral agreements, understandings, representations or warranties which are not expressly set forth herein. 9. Legal Construction. If one or more of the provisions of this Agreement 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 Agreement 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 Agreement is not to be construed more or less favorably between the parties by reason of authorship or origin of language. 10. 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 herein above, 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. 11. Recitals. Any recitals in this Agreement are represented by the parties hereto to be accurate, and constitute a part of the substantive agreement. 12. 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 Texas legal banking holidays. In the event the date for performance of any obligation falls on a Saturday, Sunday or Texas legal banking holiday, that obligation will be performable on the next following business day. 13. As -Is. BY ITS ACCEPTANCE OF THIS EASEMENT CONVEYANCE, AND AS A MATERIAL PART OF THE CONSIDERATION, GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (i) ANY INFORMATION PROVIDED TO GRANTEE PERTAINING TO THE EASEMENT PROPERTY BY GRANTOR HAS NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR, (ii) GRANTOR IS NOT MAKING, AND HAS NOT MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION; AND (iii) GRANTOR IS NOT, AND SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER WHATSOEVER BY ANY WRITTEN OR VERBAL STATEMENT, REPRESENTATION, REPORT, SURVEY OR INFORMA- TION FURNISHED TO GRANTEE, OR MADE, BY ANY PARTY WITH RESPECT TO THE EASEMENT PROPERTY OR THE EASEMENT INTERESTS HEREBY CONVEYED. GRANTEE SPECIFICALLY AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT Access Easement Agreement Page 6 Doc Bk Vol Pg • 00836755 OR 5719 183 SUCH TESTS, STUDIES AND INVESTIGATIONS AS GRANTEE DEEMS NECESSARY AND APPROPRIATE, GRANTEE IS RELYING SOLELY UPON GRANTEE'S OWN INVESTIGATION OF THE EASEMENT PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. GRANTEE FURTHER AGREES THAT GRANTEE HAS PURCHASED AND ACCEPTED THE EASEMENT INTERESTS IN THE EASEMENT PROPERTY IN ITS CURRENT, AS IS," WITH ALL FAULTS CONDITION, AND TO HAVE ASSUMED THE RISK OF ANY MATTER OR CONDITION WHICH IS LATENT OR PATENT OR THAT COULD HAVE BEEN REVEALED BY ITS INVESTIGATIONS. GRANTOR HAS NOT MADE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS, AND GRANTOR IS SELLING THE PROPERTY WITHOUT) ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER AS TO THE { VALUE, CONDITION, NATURE, CHARACTER, SUITABILITY, HABITABILITY OR FITNESS OF THE EASEMENT PROPERTY, THE INCOME TO BE DERIVED THEREFROM, THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIAL OR OTHER ENVIRONMENTAL CONDITION OR COMPLIANCE OF THE LAND WITH, OR VIOLATION OF, ANY LAW, STATUTE, ORDINANCE, RULE OR REGULATION, AND ANY OF SUCH REPRESENTATIONS AND WARRANTIES, AND ANY CLAIMS OR CAUSES OF ACTION AGAINST GRANTOR BASED IN WHOLE OR IN PART ON ANY VIOLATION OF, OR ARISING WITH RESPECT TO, ANY FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE, RULE OR REGULATION ARE HEREBY EXPRESSLY WAIVED AND RELEASED BY GRANTEE. This Agreement has been executed by Grantor and Grantee on the date of the taking of their acknowledgments, but the effective date of this Agreement shall be deemed to be November 6, 2003, for all purposes and it shall be effective as of that date. Access Easement Agreement Page 7 1 Doc Bk Vo Pg 00836755 OR 5719 184 GRANTOR: J Squared, a Texas general partnership _ C By. 1 - Sonny Jami •n, p- ner 6-<477 % >�� /�( /ill By: Rick Jam'- o , partner (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the [[ day of November, 2003, by Sonny Jamison and Rick Jamison, as partners of J Squared, a Texas general partnership, on behalf of such general partnership. _ _ Notary Public, State of Texas ;� "!' ;; BECKY POE '.Y MISSION EXPIRES '"'' October 22, 2005 ' Access Easement Agreement Page 8 ' of i Doc Bk Vol ID 00836755 OR 5719 165 GRANTEE: Southwood West, a Texas •eneral partnership Y: I ' 1 1/ James H. Woods, partner By: ff McDowell, partner (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of November, 2003, by James H. Woods and Jeff McDowell, as partners of Southwood West, a Texas general partnership, on behalf of such general partnership. Notary Public, Stale of Texas ,EUKV POE tii ` e ` a (oNiMISSSi0N EXPIRES ' Otttober 22, 2005 Access Easement Agreement Page 9 ' Doc Bk Vo Pg 00836755 OR 5719 186 CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of lien(s) on the fee simple title to the Easement Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclo- sure of the lien(s) will not extinguish the rights and interests of the easement. LIENHOLDER: First Americ • • = • k, - Name: _ W I^ __ • Title: a , ., .,� a. 1 'c l l■s .. 6' i. C (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § his instrume ,was acIowledged before me on the - ' tra y of November, 2003, by Tc c , [�t�lc L ftic ( i' of First American Bank, SSB, a Texas state savings bank, on behalf of such state savings bank. n , 1 CPC. SAMANTHA ANN MUMFJRD _t ,i,,e_kt -i _' ,,^ ` -/ : /, � .G'�: o : 4 rf 4 1 Notary Public, State of Texas ► Notary Public, State of Texas ( *' ) \ ) * My Commission Expires ) 1 � ° e 4 SEPTEMBER 30, 2006 jS i Access Easement Agreement Page 10 , .. Doc Bk Vol Pg , . 00836755 OR 5719_ 18.7 ______ _ - -- — i , 1 -1 . . 1.1 41.1 ,, ......,, i ,,,,, , 1 ,,, ...,,,,,, ;Iiiiii 16, 1 t. 1/4 : ! ...._, ,..-,, ,.. 14 1 . 1, ./ 1 11N . ( .,.,, 4 li tt ,,, , kil rh •., '''' .: I , i ..-.- ,..-. r• I: 0. :,- I g I, . F j . i i H ..' . ./1 6 ;:•• ; I 111 I lit:• ,rP '%-.) Olt lq ...'0 I : iiiiii tili: i' pl I I i ' eilt!i; Ilti I11-r J, •041e ;.:1!: .1 , 1 r' .11i: . 4 r- ,.: ., , i1, 1 0 , -,,,•,,,,, . oil yt ", /di „ ' i it' "ill. ',1111 1 k i 4 :1 i sits f t•A . ,..g c— . , . 1., 1 r : . i1;iif ligithl;i 1 % • p., „.. ra ■ CI ■ ( • I,. : i 14 I :,1 MN. ' ‘ i — ' , . .; 1, • i ..: : ; ;„ ; .11 c ''' IN, ii I 11 ,..-; .,,, , '',,,, ' k , i • i‘ Ti ;' 541 ... I ' . 1 ii■•, i 1 -, . . , — -71.,-.7 • I i i i ' :*. 1 i P. CIE I -? _ — •-:--,-- .- ' '''. "r1 . • •- , 1 ! I -- altl-L .I 0 4 I 0 ' t..11 ! .•.: , I 0 1 e i E.S ii,•.; . t -6 zt‘«ie:Lrt-1 " rkiii-01 ii . : 1 i0 It• 1 , 1 1 p• . ■:: , , 1 / I , / / ‘, yi li ,.;,, • )or . . i i lfi ' .1 i .. II if , ,I 1 p 0 I pt;i al .... ■ I ; r.' gslif i; i Pi I 1 I 4 4 ■ ' r.....:1'.,V-7. i di I . i It 1 0 111 [1 , AR,M14.* I .' '• , ....... - A t 0 ' 1 ,1 11 t i : l i l t . I I '11 1 i l I jk 1 1 I 1 .... ■••••Winr.cv q ( R lf,11 1 Pi I [I 1 I rl . i Ill .,.., 5 ,, ! .11/ E i'; tit,: . , 1 1 • Doc Bk Vol Pg 00836752 OR 5719 141 ACCESS EASEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF BRAZOS § § KNOWN ALL PERSONS BY THESE PRESENTS: § DATE: November .L, 2003 GRANTOR: Southwood West, a Texas general partnership 4101 Texas Ave. Suite B Bryan, TX 77802 GRANTEE: Southwood West, a Texas general partnership 4101 Texas Ave. Suite B Bryan, TX 77802 LIENHOLDER: First American Bank, SSB 1111 Briarcrest Dr. Bryan, TX 77802 DOMINANT ESTATE PROPERTY: Lot Six (6), Block Two (2), Edelweiss Business Center, an addition in College Station, Brazos County, TX, according to the plat recorded in VolumeSo Page Official Records of Brazos County, TX. BURDENED ESTATE PROPERTY: Lot Seven (7), Block Two (2), Edelweiss Business Center, an addition in College Station, Brazos County, TX, according to the plat recorded in Volume I, Paged, Official Records of Brazos County, TX. EASEMENT PROPERTY: An easement twelve and one -half feet (12.5') wide adjacent to and contiguous with the western boundary line of the Burdened Estate Property and being as further described in Exhibit "A" attached hereto and incorporated herein by this reference. EASEMENT PURPOSE: For providing free and uninterrupted pedestrian and vehicular ingress and egress between the Dominant Estate Property, and portions thereof, and FM 2154. Access Easement Agreement Page 1 • 00836752 OR 5719 142 CONSIDERATION: Cash in hand paid, the further consideration of the easement grant and the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged and stipulated. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: A. Reservations. Grantor reserves the following rights to be exercised only in combination with ownership of all or a part of the Burdened Estate Property: 1. Reserved Rights. For Grantor and Grantor's successors and assigns forever, the right to continue to use and enjoy the surface of the Easement Property for all purposes directly related to the Burdened Estate Property which do not interfere with or interrupt the use or enjoyment of the ease- ment; 2. Nonexclusive Rights. For Grantor and Grantor's successors and assigns forever, the right to convey the same or other rights and easements to others as an appurtenant easement for substantially the same purpose, so long as any further conveyance is subject to this grant; and 3. Utilities. For Grantor and Grantor's successors and assigns forever, the right to place, construct, operate, repair, replace and maintain utility lines and facilities (including without limitation, water, wastewater, stormwater and drainage, gas, electric, telephone, and cable television lines and systems), public or private streets or roads, driveways, parking areas, fences and landscaping, in, over, under and across the Easement Property, and to grant public and /or private easements for such purposes, and to raise or lower the level of the surface of the Easement Property; PROVIDED that: (a) such use of the Easement Property does not unreasonably interfere with or prevent the use of the Easement Property by Grantee for the purposes for which the easement is granted; (b) no permanent structures or improvements shall be installed, placed or constructed on the surface of the Easement Property; and (c) any proposed improvements, easements or conflicting use of the Easement Property shall be subject to the prior approval of Grantee. B. Exceptions. 1. Easements. All easements, rights -of -way end prescriptive rights, whether of record or not, pertaining to any portion of the Easement Property; 2. Minerals. All presently recorded and valid mineral estate exceptions, rights of development or leases, royalty reservations and other instruments constituting mineral interest severances of any kind; Access Easement Agreement Page 2 Doc Pik Vol Pg 00836752 OR 5719 143 3. Restrictive Covenants. All presently recorded restrictive covenants, terms, conditions, contracts, provisions, zoning ordinances and other items, but only to the extent they are still in effect; 4. Recorded Instruments. All presently recorded instruments; and 5. Inspection. Any conditions that would be revealed by a physical inspection and survey. AGREEMENT: Grantor, for the Consideration and subject to the 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, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the easement to Grantee and Grantee's 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. A. EASEMENT TERMS AND CONDITIONS: The easement is subject to the following terms and conditions: 1. Agreements of Grantor. Grantor agrees to: a. Maintenance. Improve, repair and maintain the Easement Property in a neat and clean condition at Grantor's sole expense; and b. Insurance. Obtain and maintain public liability coverage on the Easement Property. 2. Limitations on Grantor. Grantor agrees not to: a. Interference. Interfere with or interrupt the use or enjoyment of the ease - ment; and b. Construction of Improvements. Construct improvements on or under the Easement Property, except as provided in subpart 3. of Part A - Reservations above. 3. Agreements of Grantee. a. Indemnity. Grantee agrees to indemnify and hold Grantor harmless from and against all Toss, liability, and expense of whatsoever nature (including reasonable attorney's fees) to persons or property caused by or arising out of: (i) the Grantee's exercise of easement rights under this Agreement, (ii) default on the terms and conditions of this Agreement, or (iii) failure to Access Easement Agreement Page 3 Doc Bk Vol Pg 00836752 OR 5719 144 comply with applicable laws, rules, regulations and safety standards relating to it; and b. Insurance. At Grantee's expense, obtain and maintain public liability insurance coverage on the Easement Property, naming Grantor as an additional insured, in form and substance reasonably required from time to time by Grantor, with such policies being prepaid for one (1) year and renewed at least twenty (20) days prior to the anniversary date, and certificate and a copy of the policy provided to Grantor within five (5) days of the execution hereof and each renewal thereof. The public liability insurance policy shall be written on an "occurrence" policy form, covering bodily injury, property damage, and personal injury, arising out of or relating, directly or indirectly, to Grantee's operations, conduct, assumed liabilities, or use or occupancy of the Easement Property. Grantee's liability insurance must include the broadest available form of contractual liability coverage. The minimum acceptable limits for Grantee's liability Insurance are $1,000,000. Grantee must cause Grantor to be named as "additional insured" by endorsement satisfactory in form and substance to Grantor. 4. Limitations on Grantee. Grantee agrees not to: a. Hazardous Materials. Cause or knowingly authorize environmentally hazardous materials to be transported on the easement; and b. Nuisance. Knowingly cause, authorize, or fail to halt any common law nuisance to occur on the Easement Property. 5. Mutual Agreements. Grantor and Grantee agree: 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 is perpetual; 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 Agreement; 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; and f. Limitation on Assignment & Exercise. Any assignments or exercise of this easement by Grantee or of the Grantor's rights in this Agreement are prohibited except to the extent the easement remains appurtenant to the Access Easement Agreement Page 4 3 Doc Bk Vol Pg • 00836752 OR 5719 145 Dominant Estate and the Grantor's rights in this Agreement are based upon ownership of the Burdened Estate Property relating to the easement. B. REMEDIES: 1. Equitable, Rights of Enforcement. 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 lienholder of the easement or part of it; provided, however, this is not to be an election of remedies or a waiver of any other rights or remedies available at law or in equity; and 2. Alternative Dispute Resolution. Grantor and Grantee agree to submit in good faith to mediation before filing a suit for damages. C. 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 Agreement may be amended only by an instrument in writing signed by the parties to be bound by it. 3. Binding Effect. This Agreement 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 Agreement; thus, the term "Grantor" and "Grantee" includes the successors and assigns of each party. 4. 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 and federal courts in the State of Texas and to venue in the county in which the Easement Property is situated. 5. 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 are to be construed together and will constitute one and the same instrument, and the signature pages of each document may be attached to one instrument for convenience or for recording. 6. 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. Access Easement Agreement Page 5 Doc Bk Vol Pg • 00836752 OR 5719 146 7. Further Assurances. In connection with this Agreement as well as all transactions contemplated by this Agreement, each signatory party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all such transactions. • 8. Integration. This Agreement contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there are no oral agreements, understandings, representations or warranties which are not expressly set forth herein. 9. Legal Construction. If one or more of the provisions of this Agreement 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 Agreement 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 Agreement is not to be construed more or less favorably between the parties by reason of authorship or origin of language. 10. 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 herein above, 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. 11. Recitals. Any recitals in this Agreement are represented by the parties hereto to be accurate, and constitute a part of the substantive agreement. 12, 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 Texas legal banking holidays. In the event the date for performance of any obligation falls on a Saturday, Sunday or Texas legal banking holiday, that obligation will be performable on the next following business day. 13. As -Is. BY ITS ACCEPTANCE OF THIS EASEMENT CONVEYANCE, AND AS A MATERIAL PART OF THE CONSIDERATION, GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (I) ANY INFORMATION PROVIDED TO GRANTEE PERTAINING TO THE EASEMENT PROPERTY BY GRANTOR HAS NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR, (ii) GRANTOR IS NOT MAKING, AND HAS NOT MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION; AND (iii) GRANTOR IS NOT, AND SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER WHATSOEVER BY ANY WRITTEN OR VERBAL STATEMENT, REPRESENTATION, REPORT, SURVEY OR INFORMA- TION FURNISHED TO GRANTEE, OR MADE, BY ANY PARTY WITH RESPECT TO THE EASEMENT PROPERTY OR THE EASEMENT INTERESTS HEREBY CONVEYED. GRANTEE SPECIFICALLY AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT Access Easement Agreement Page 6 Doc Bk Vol P • • 00836752 OR 5719 147 SUCH TESTS, STUDIES AND INVESTIGATIONS AS GRANTEE DEEMS NECESSARY AND APPROPRIATE, GRANTEE IS RELYING SOLELY UPON GRANTEE'S OWN INVESTIGATION OF THE EASEMENT PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. GRANTEE FURTHER AGREES THAT GRANTEE HAS PURCHASED AND ACCEPTED THE EASEMENT INTERESTS IN THE EASEMENT PROPERTY IN ITS CURRENT, "AS IS," WITH ALL FAULTS CONDITION, AND TO HAVE ASSUMED THE RISK OF ANY MATTER OR CONDITION WHICH IS LATENT OR PATENT OR THAT COULD HAVE BEEN REVEALED BY ITS INVESTIGATIONS. GRANTOR HAS NOT MADE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS, AND GRANTOR IS SELLING THE PROPERTY WITHOUT) ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER AS TO THE VALUE, CONDITION, NATURE, CHARACTER, SUITABILITY, HABITABILITY OR FITNESS OF THE EASEMENT PROPERTY, THE INCOME TO BE DERIVED THEREFROM, THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIAL OR OTHER ENVIRONMENTAL CONDITION OR COMPLIANCE OF THE LAND WITH, OR VIOLATION OF, ANY LAW, STATUTE, ORDINANCE, RULE OR REGULATION, AND ANY OF SUCH REPRESENTATIONS AND WARRANTIES, AND ANY CLAIMS OR CAUSES OF ACTION AGAINST GRANTOR BASED IN WHOLE OR IN PART ON ANY VIOLATION OF, OR ARISING WITH RESPECT TO, ANY FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE, RULE OR REGULATION ARE HEREBY EXPRESSLY WAIVED AND RELEASED BY GRANTEE. [ The remainder of this page was intentionally left blank] Access Easement Agreement Page 7 Doc Bk Vol Pg 00836752 OR 5719 148 This Agreement has been executed by Grantor and Grantee on the date of the taking of their acknowledgments, but the effective date of this Agreement shall be deemed to be November 6, 2003, for all purposes and it shall be effective as of that date. GRANTOR: Southwood West, a Texas •eneral partnership r /r , ' M V? 2( B. James H. Woods, partner B: Jeff McDowell, partner (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the C } l aay of November, 2003, by James H. Woods and Jeff McDowell, as partners of Southwood West, a Texas general partnership, on behalf of such general partnership. 0E Notary Public, State of Texas " 2; )05 Access Easement Agreement Page 8 G'. E . Doc Bk Vol Rg • 00836752 OR 5719 149 GRANTEE: Southwood West, a Texas general partnership B Cjitte 4417 y. James H. Woods, partner B 1N`�`^ �, --L Jeff McDowell, partner (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the R of November, 2003, by James H. Woods and Jeff McDowell, as partners of Southwood West, a Texas general partnership, on behalf of such general partnership. _,) P Notary Public State of Texas 44' #* BECK ?' I MYCOMMISS . '.cS _ _ a k `.• October 2 . K 10 ;. BECKY POE COMMISSION EXPIRES N : October 22, 2005 Access Easement Agreement Page 9 Doc Bk Vol Pg 00836752 OR 5719 150 CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of lien(s) on the fee simple title to the Easement Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclo- sure of the lien(s) will not extinguish the rights and interests of the easement. LIENHOLDER: 1 i First American Bank, SSS ' By: / `' / �_ Name: i s. Title: / . _ _ TZtr (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § _This i nstrumej 1)1 t was a knowledged before me on the -stay of November, 2003, by f �- r• , 1 , , , t6i < < , L. L 3 04i' c r of First • -rican Bank, SSB, a Texas state savings bank, on behalf of such state savings bank. ,'AY. ` SAMANTHA ANN MUMFOR r),,, Notary Public, State of Texas 7 ( ° . 1° Notary Public, State of Tex. , ,, *t �\ 1 * My Commission Expo s '. . " � " SEPTEMBER 34, 2( to , r Access Easement Agreement Page 10 1 OA EXt.-1B �yY -‘15( Doc Bk Vol Rg . 0083, m r ,I t K i , , ...ii-11„„.. vi . ;ii 6 i 6 ., ,war � . . EYT*1ii - y� J ' . � i NI-i 1 a w V. '1 211,11 MINIM , 1'' 1- ti I to av A t E i ■ A .e • , i i.. . . 3 , , . , i / , t�, 7 \ i i t 1 'j ' l ; / \\7 �� i t ' r - I - -- B t �� a" : 111.— '\ ' L. - - - 'EC ` s 11 111 f i nr V Oott,i 07U & 1 t . i 1 ' 17RoPEI2tI I r� � i t t: ! A 1 t i le $ t t "' 1 a 1 11 I I `$1 N 1 I • r '• - - -___ I -- - - - - -- — 1 - - -- O. :.... 1 L 1 _ - , ,. P _ 0 ' *tit b•w wearolPil xr • `r +: b: ills Y ii '; " 1 Iii - ` ii 11 i l ', ri :, dmAr !,, :, , Doc Bk Vol Pg 00836753 OR 5719 153 ACCESS EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOWN ALL PERSONS BY THESE PRESENTS: COUNTY OF BRAZOS § DATE: November IC; ff 2003 GRANTOR: Southwood West, a Texas general partnership 4101 Texas Ave. Suite B Bryan, TX 77802 GRANTEE: Southwo Wes a Texas general partnership 4101 Texas Ave. Suite B Bryan, TX 77802 LIENHOLDER: First American Bank, SSB 1111 Briarcrest Dr. Bryan, TX 77802 DOMINANT ESTATE PROPERTY: Lot Seven (7), Block Two (2), Edelweiss Business Center, an addition in College Station, Brazos County, TX, according to the plat recorded in Volume 391 , Page Official Records of Brazos County, TX. BURDENED ESTATE PROPERTY: Lot Six (6), Block Two (2), Edelweiss Business Center, an addition in College Station, Brazos County, TX, according to the plat recorded in Volume ° °Z , Page' Official Records of Brazos County, TX. EASEMENT PROPERTY: An easement twelve and one -half feet (12.5') wide adjacent to and contiguous with the eastern boundary line of the Burdened Estate Property and being as further described in Exhibit "A" attached hereto and incorporated herein by this reference. EASEMENT PURPOSE: For providing free and uninterrupted pedestrian and vehicular ingress and egress between the Dominant Estate Property, and portions thereof, and FM 2154. Access Easement Agreement Page 1 CONSIDERATION: Doc Bk Vol Pg 00836753 OR 5719 154 Cash in hand paid, the further consideration of the easement grant and the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged and stipulated. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: A. Reservations. Grantor reserves the following rights to be exercised only in combination with ownership of all or a part of the Burdened Estate Property: 1. Reserved Rights. For Grantor and Grantor's successors and assigns forever, the right to continue to use and enjoy the surface of the Easement Property for all purposes directly related to the Burdened Estate Property which do not interfere with or interrupt the use or enjoyment of the ease- ment; 2. Nonexclusive Rights. For Grantor and Grantor's successors and assigns forever, the right to convey the same or other rights and easements to others as an appurtenant easement for substantially the same purpose, so long as any further conveyance is subject to this grant; and 3. Utilities. For Grantor and Grantor's successors and assigns forever, the right to place, construct, operate, repair, replace and maintain utility lines and facilities (including without limitation, water, wastewater, stormwater and drainage, gas, electric, telephone, and cable television lines and systems), public or private streets or roads, driveways, parking areas, fences and landscaping, in, over, under and across the Easement Property, and to grant public and /or private easements for such purposes, and to raise or lower the level of the surface of the Easement Property; PROVIDED that: (a) such use of the Easement Property does not unreasonably interfere with or prevent the use of the Easement Property by Grantee for the purposes for which the easement is granted; (b) no permanent structures or improvements shall be installed, placed or constructed on the surface of the Easement Property; and (c) any proposed improvements, easements or conflicting use of the Easement Property shall be subject to the prior approval of Grantee. B. Exceptions. 1. Easements. All easements, rights -of -way and prescriptive rights, whether of record or not, pertaining to any portion df the Easement Property; 2. Minerals. All presently recorded and valid mineral estate exceptions, rights of development or leases, royalty reservations and other instruments constituting mineral interest severances of any kind; Access Easement Agreement Page 2 Doc Bk Vol Rg 00836753 OR 5719 155 3. Restrictive Covenants. All presently recorded restrictive covenants, terms, a conditions, contracts, provisions, zoning ordinances and other items, but only to the extent they are still in effect; 4. Recorded Instruments. All presently recorded instruments; and 5. Inspection. Any conditions that would be revealed by a physical inspection and survey. AGREEMENT: Grantor, for the Consideration and subject to the 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, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the easement to Grantee and Grantee's 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. A. EASEMENT TERMS AND CONDITIONS: The easement is subject to the following terms and conditions: 1. Agreements of Grantor. Grantor agrees to: a. Maintenance. Improve, repair and maintain the Easement Property in a neat and clean condition at Grantor's sole expense; and b. Insurance. Obtain and maintain public liability coverage on the Easement Property. 2. Limitations on Grantor. Grantor agrees not to: a. Interference. Interfere with or interrupt the use or enjoyment of the ease- ment; and i b. Construction of Improvements. Construct improvements on or under the Easement Property, except as provided in subpart 3. of Part A - Reservations above. r 3. Agreements of Grantee. a. Indemnity. Grantee agrees to indemnify and hold Grantor harmless from and against all loss, liability, and expense of whatsoever nature (including reasonable attomey's fees) to persons or property caused by or arising out of: (i) the Grantee's exercise of easement rights under this Agreement, (ii) default on the terms and conditions of this Agreement, or (iii) failure to Access Easement Agreement Page 3 Doc Pk Vol Pg 00836753 OR 5719 156 comply with applicable laws, rules, regulations and safety standards relating to it; and b. Insurance. At Grantee's expense, obtain and maintain public liability insurance coverage on the Easement Property, naming Grantor as an additional insured, in form and substance reasonably required from time to time by Grantor, with such policies being prepaid for one (1) year and renewed at least twenty (20) days prior to the anniversary date, and certificate and a copy of the policy provided to Grantor within five (5) days of the execution hereof and each renewal thereof. The public liability insurance policy shall be written on an "occurrence" policy form, covering bodily injury, property damage, and personal injury, arising out of or relating, directly or indirectly, to Grantee's operations, conduct, assumed liabilities, or use or occupancy of the Easement Property. Grantee's liability insurance must include the broadest available form of contractual liability coverage. The minimum acceptable limits for Grantee's liability Insurance are $1,000,000. Grantee must cause Grantor to be named as "additional insured" by endorsement satisfactory in form and substance to Grantor. 4. Limitations on Grantee. Grantee agrees not to a. Hazardous Materials. Cause or knowingly authorize environmentally hazardous materials to be transported on the easement; and b. Nuisance. Knowingly cause, authorize, or fail to halt any common law nuisance to occur on the Easement Property. 5. Mutual Agreements. Grantor and Grantee agree: a. Character of Easement. The easement granted is appurtenant to, run with, the Dominant Estate Property, and portions thereof, whet' it is referenced in any conveyance of the Dominant Estate Prop' any portion of it; b. Duration of Easement. The easement is perpetual; c. Exclusiveness of Easement. The easement is nonex d. Limitation of Warranties. Except for the warrar' implied warranties of merchantability, of fitness of any other kind arising out of this Agreenler' e. Allocation of Responsibility. Each party caused by such party, or by those using party's invitation or consent; and ° .k f. Limitation on Assignment & Exerc easement by Grantee or of th' prohibited except to the exter Access Easement Agreement • Doc Bk Vol Pg • 00836753 OR 5719 157 Dominant Estate and the Grantor's rights in this Agreement are based upon ownership of the Burdened Estate Property relating to the easement. B. REMEDIES: 1. Equitable of Enforcement. 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 lienholder of the easement or part of it; provided, however, this is not to be an election of remedies or a waiver of any other rights or remedies available at law or in equity; and 2. Alternative Dispute Resolution. Grantor and Grantee agree to submit in good faith to mediation before fling a suit for damages. C. 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 attomey's fees. 2. Amendment. This Agreement may be amended only by an instrument in writing signed by the parties to be bound by it. 3. Binding Effect. This Agreement 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 Agreement; II thus, the term "Grantor" and "Grantee" includes the successors and assigns of each party. 4. 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 and federal courts in the State of Texas and to venue in the county in which the Easement Property is situated. 5. 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 are to be construed together and will constitute one and the same instrument, and the signature pages of each document may be attached to one instrument for convenience or for recording. 6. Effect of Waiver or Consent. No waiver or consent, ex0ress 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. Access Easement Agreement Page 5 • Doc Bk Vol Pg 00836753 OR 5719 158 7. Further Assurances. In connection with this Agreement as well as all transactions contemplated by this Agreement, each signatory party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all such transactions. 8. Integration. This Agreement contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there are no oral agreements, understandings, representations or warranties which are not expressly set forth herein. 9. Legal Construction. If one or more of the provisions of this Agreement 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 Agreement 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 Agreement is not to be construed more or less favorably between the parties by reason of authorship or origin of language. 10. 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 herein above, 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. 11. Recitals. Any recitals in this Agreement are represented by the parties hereto to be accurate, and constitute a part of the substantive agreement. 12. 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 Texas legal banking holidays. In the event the date for performance of any obligation falls on a Saturday, Sunday or Texas legal banking holiday, that obligation will be performable on the next following business day. 13. As -Is. BY ITS ACCEPTANCE OF THIS EASEMENT CONVEYANCE, AND AS A MATERIAL PART OF THE CONSIDERATION, GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (i) ANY INFORMATION PROVIDED TO GRANTEE PERTAINING TO THE EASEMENT PROPERTY BY GRANTOR HAS NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR, (ii) GRANTOR IS NOT MAKING, AND HAS NOT MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION; AND (iii) GRANTOR IS NOT, AND SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER WHATSOEVER BY ANY WRITTEN OR VERBAL STATEMENT, REPRESENTATION, REPORT, SURVEY OR INFORMA- TION FURNISHED TO GRANTEE, OR MADE, BY ANY PARTY WITH RESPECT TO THE EASEMENT PROPERTY OR THE EASEMENT INTERESTS HEREBY CONVEYED. GRANTEE SPECIFICALLY AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT Access Easement Agreement Page 6 Doc Bk Vol Pg 00836753 OR 5719 159 SUCH TESTS, STUDIES AND INVESTIGATIONS AS GRANTEE DEEMS NECESSARY AND APPROPRIATE, GRANTEE IS RELYING SOLELY UPON GRANTEE'S OWN INVESTIGATION OF THE EASEMENT PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. GRANTEE FURTHER AGREES THAT GRANTEE HAS PURCHASED AND ACCEPTED THE EASEMENT INTERESTS IN THE EASEMENT PROPERTY IN ITS CURRENT, "AS IS," WITH ALL FAULTS CONDITION, AND TO HAVE ASSUMED THE RISK OF ANY MATTER OR CONDITION WHICH IS LATENT OR PATENT OR THAT COULD HAVE BEEN REVEALED BY ITS INVESTIGATIONS. GRANTOR HAS NOT MADE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS, AND GRANTOR IS SELLING THE PROPERTY WITHOUT) ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER AS TO THE VALUE, CONDITION, NATURE, CHARACTER, SUITABILITY, HABITABILITY OR FITNESS OF THE EASEMENT PROPERTY, THE INCOME TO BE DERIVED THEREFROM, THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIAL OR OTHER ENVIRONMENTAL CONDITION OR COMPLIANCE OF THE LAND WITH, OR VIOLATION OF, ANY LAW, STATUTE, ORDINANCE, RULE OR REGULATION, AND ANY OF SUCH REPRESENTATIONS AND WARRANTIES, AND ANY CLAIMS OR CAUSES OF ACTION AGAINST GRANTOR BASED IN WHOLE OR IN PART ON ANY VIOLATION OF, OR ARISING WITH RESPECT TO, ANY FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE, RULE OR REGULATION ARE HEREBY EXPRESSLY WAIVED AND RELEASED BY GRANTEE. [ The remainder of this page was intentionally left blank] Access Easement Agreement Page 7 Doc Bk Vol Fig 00836753 OR 5719 160 This Agreement has been executed by Grantor and Grantee on the date of the taking of their acknowledgments, but the effective date of this Agreement shall be deemed to be November 6, 2003, for all purposes and it shall be effective as of that date. GRANTOR: Southwood West, a Texas general partnership Bc. Z ACV ti % 2 ' `C� James H. Woods, partn By eff McDow ell, art P (ACKNOWLEDGMENT) THE STATE OF TEXAS § , COUNTY OF BRAZOS § This instrument was acknowledged before me on theft d ay of November, 2003, by James H. Woods and Jeff McDowell, as partners of Southwood West, a Texas general partnership, on behalf of such general partnership. Notary Public, Statte k of Texas 47 . 7Ecil ^.1 COMMISSION EXPIRES ••' • �• ,a;" October 22, 2005 1 Access Easement Agreement Page 8 Doc Bk Vol p 00836753 OR 5719 161 GRANTEE: Southwood West, a Texas general partners ip (DA 4 L By: James H. Woods, partner By" eff McDowell, partner (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the . day of November, 2003, by James H. Woods and Jeff McDowell, as partners of Southwood West, a Texas general partnership, on behalf of such general partnership. �y \ -- = BECKY POE COMMISSION EXPIRES October 22, 2005 Notary Public, State of Texas Access Easement Agreement Page 9 i Doc Bk Vol Rg 008 36753 OR 5719 162 CONSENT AND SUBORDINATION BY LIENHOL Lienholder, as the holder of lien(s) on the fee simple title to the Easement Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclo- sure of the lien(s) will not extinguish the rights and interests of the easement. LIENHOLDER: First American Bank, SSB ' By: / / i Name: T L. ;-r" Title: / ("v..�".v lv A. wn� (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § p 1 J1-1-ti a of November, 2003, b T is instrume t was ac�I�,nf�wledged before me on th y y J h ! -- 7t,A;k Ckt 1 c P s' of First A rican Bank, SSB, a Texas state savings bank, on behalf of such state savings bank. 4 / o te..... SAMANTHA ANN MUMFORD I - Notary Public, State of Texas 1 otary Public, State of Texas / ` /\ i My Commission Expires 4 — •'' SEPTEMBER 30, 2006 1 t Access Easement Agreement Page 10 P. 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N yf 1 13 I � i it • Doc Bk Vo Pg 00836754 OR 5719 165 ACCESS EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOWN ALL PERSONS BY THESE PRESENTS: COUNTY OF BRAZOS § I\ DATE: November 1 2003 GRANTOR: Southwood West, a Texas general partnership 4101 Texas Ave. Suite B Bryan, TX 77802 GRANTEE: J Squared, f a Texas general partnership �oO Of < /lei ('o Ile - t. ; t� ` +� t •,� r 7 7 7,3''r) LIENHOLDER: First American Bank, SSB 1111 Briarcrest Drive Bryan, TX 77802 DOMINANT ESTATE PROPERTY: Lot Four (4), Block Two (2), Edelweiss Business Center, an addition in College Station, Brazos County, TX, according to the plat recorded in Volume 5 ".0-, Page ei,tOfficial Records of Brazos County, TX. 3 BURDENED ESTATE PROPERTY: Lot Five (5), Block Two (2), Edelweiss Business Center, an addition in College Station, Brazos County, TX, according to the plat recorded in Volume`rt* , Page _, Official Records of Brazos County, TX. i ' S EASEMENT PROPERTY: An easement twelve and one -half feet (12.5') wide adjacent to and contiguous with the western boundary line of the Burdened Estate Property and being as further described in Exhibit "A" attached hereto and incorporated herein by this reference. EASEMENT PURPOSE: For providing free and uninterrupted pedestrian and vehicular ingress and egress between the Dominant Estate Property, and portions thereof, and FM 2154. Access Easement Agreement Page 1 Doc Bk Vol Pg 00836754 OR 5719 166 CONSIDERATION: Cash in hand paid, the further consideration of the easement grant and the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged and stipulated. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: A. Reservations. Grantor reserves the following rights to be exercised only in combination with ownership of all or a part of the Burdened Estate Property: 1. Reserved Rights. For Grantor and Grantor's successors and assigns forever, the right to continue to use and enjoy the surface of the Easement Property for all purposes directly related to the Burdened Estate Property which do not interfere with or interrupt the use or enjoyment of the ease- ment; 2. Nonexclusive Rights. For Grantor and Grantor's successors and assigns forever, the right to convey the same or other rights and easements to others as an appurtenant easement for substantially the same purpose, so long as any further conveyance is subject to this grant; and 3. Utilities. For Grantor and Grantor's successors and assigns forever, the right to place, construct, operate, repair, replace and maintain utility lines and facilities (including without limitation, water, wastewater, stormwaterand drainage, gas, electric, telephone, and cable television lines and systems), public or private streets or roads, driveways, parking areas, fences and landscaping, in, over, under and across the Easement Property, and to grant public and /or private easements for such purposes, and to raise or lower the level of the surface of the Easement Property; PROVIDED that: (a) such use of the Easement Property does not unreasonably interfere with or prevent the use of the Easement Property by Grantee for the purposes for which the easement is granted; (b) no permanent structures or improvements shall be installed, placed or constructed on the surface of the Easement Property; and (c) any proposed improvements, easements or conflicting use of the Easement Property shall be subject to the prior approval of Grantee. B. Exceptions. 1. Easements. All easements, rights -of -way and prescriptive rights, whether of record or not, pertaining to any portion of the Easement Property; 2. Minerals. All presently recorded and valid mineral estate exceptions, rights of development or leases, royalty reservations and other instruments constituting mineral interest severances of any kind; Access Easement Agreement Page 2 • j Doc Bk Vol Pg 00836754 OR 5719 167 3. Restrictive Covenants. All presently recorded restrictive covenants, terms, conditions, contracts, provisions, zoning ordinances and other items, but only to the extent they are still in effect; 4. Recorded Instruments. All presently recorded instruments; and 5. Inspection. Any conditions that would be revealed by a physical inspection and survey. AGREEMENT: Grantor, for the Consideration and subject to the 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, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the easement to Grantee and Grantee's 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. A. EASEMENT TERMS AND CONDITIONS: The easement is subject to the following terms and conditions: 1. Agreements of Grantor. Grantor agrees to: a. Maintenance. Improve, repair and maintain the Easement Property in a neat and clean condition at Grantor's sole expense; and b. Insurance. Obtain and maintain public liability coverage on the Easement Property. 2. Limitations on Grantor. Grantor agrees not to: a. Interference. Interfere with or interrupt the use or enjoyment of the ease- ment; and b. Construction of Improvements. Construct improvements on or under the Easement Property, except as provided in subpart 3. of Part A - Reservations above. t 3. Agreements of Grantee. a. Indemnity. Grantee agrees to indemnify and hold Grantor harmless from and against all loss, liability, and expense of whatsoever nature (including reasonable attorney's fees) to persons or property caused by or arising out of: (i) the Grantee's exercise of easement rights under this Agreement, (ii) default on the terms and conditions of this Agreement, or (iii) failure to Access Easement Agreement Page 3 Doc Bk Vol p 00836754 OR 5719 168 comply with applicable laws, rules, regulations and safety standards relating to it; and b. Insurance. At Grantee's expense, obtain and maintain public liability insurance coverage on the Easement Property, naming Grantor as an additional insured, in form and substance reasonably required from time to time by Grantor, with such policies being prepaid for one (1) year and renewed at least twenty (20) days prior to the anniversary date, and certificate and a copy of the policy provided to Grantor within five (5) days of the execution hereof and each renewal thereof. The public liability insurance policy shall be written on an "occurrence" policy form, covering bodily injury, property damage, and personal injury, arising out of or relating, directly or indirectly, to Grantee's operations, conduct, assumed liabilities, or use or occupancy of the Easement Property. Grantee's liability insurance must include the broadest available form of contractual liability coverage. The minimum acceptable limits for Grantee's liability Insurance are $1,000,000. Grantee must cause Grantor to be named as "additional insured" by endorsement satisfactory in form and substance to Grantor. 4. Limitations on Grantee. Grantee agrees not to: a. Hazardous Materials. Cause or knowingly authorize environmentally hazardous materials to be transported on the easement; and b. Nuisance. Knowingly cause, authorize, or fail to halt any common law nuisance to occur on the Easement Property. 5. Mutual Agreements. Grantor and Grantee agree: 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 is perpetual; 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 Agreerr}ent; 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; and f. Limitation on Assignment & Exercise. Any assignments or exercise of this easement by Grantee or of the Grantor's rights in this Agreement are prohibited except to the extent the easement remains appurtenant to the Access Easement Agreement Page 4 Doc Bk p • 0$636754 QR 5719 Vol 169 y Dominant Estate and the Grantor's rights in this Agreement are based upon ownership of the Burdened Estate Property relating to the easement. B. REMEDIES: 1. Equitable- Rights of Enforcement. 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 lienholder of the easement or part of it; provided, however, this is not to be an election of remedies or a waiver of any other rights or remedies available at law or in equity; and 2. Alternative Dispute Resolution. Grantor and Grantee agree to submit in good faith to mediation before filing a suit for damages. C. 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 Agreement may be amended only by an instrument in writing signed by the parties to be bound by it. 3. Binding Effect. This Agreement 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 Agreement; thus, the term "Grantor" and "Grantee" includes the successors and assigns of each party. 4. Choice of Law. This Agreement is subject to and govemed 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 and federal courts in the State of Texas and to venue in the county in which the Easement Property is situated. 5. 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 are to be construed together and will constitute one and the same instrument, and the signature pages of each document may be attached to one instrument for convenience or for recording. 6. 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. Access Easement Agreement Page 5 Doc Bk Vol Rg 00836754 OR 5719 170 7. Further Assurances. In connection with this Agreement as well as all transactions contemplated by this Agreement, each signatory party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all such transactions. 8. Integration. This Agreement contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there are no oral agreements, understandings, representations or warranties which are not expressly set forth herein. 9. Legal Construction. If one or more of the provisions of this Agreement 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 Agreement 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 Agreement is not to be construed more or less favorably between the parties by reason of authorship or origin of language. 10. 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 herein above, 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. 11. Recitals. Any recitals in this Agreement are represented by the parties hereto to be accurate, and constitute a part of the substantive agreement. 12. 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 Texas legal banking holidays. In the event the date for performance of any obligation falls on a Saturday, Sunday or Texas legal banking holiday, that obligation will be performable on the next following business day. 13. As -Is. BY ITS ACCEPTANCE OF THIS EASEMENT CONVEYANCE, AND AS A 1 MATERIAL PART OF THE CONSIDERATION, GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (i) ANY INFORMATION PROVIDED TO GRANTEE PERTAINING TO THE EASEMENT PROPERTY BY GRANTOR HAS NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR, (ii) GRANTOR IS NOT MAKING, AND HAS NOT MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION; AND (iii) GRANTOR IS NOT, AND SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER WHATSOEVER BY ANY WRITTEN OR VERBAL STATEMENT, REPRESENTATION, REPORT, SURVEY OR INFORMA- TION FURNISHED TO GRANTEE, OR MADE, BY ANY PARTY WITH RESPECT TO THE EASEMENT PROPERTY OR THE EASEMENT INTERESTS HEREBY CONVEYED. GRANTEE SPECIFICALLY AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT Access Easement Agreement Page 6 fs Doc Bk Vol Fig 00836754 OR 5719 171 SUCH TESTS, STUDIES AND INVESTIGATIONS AS GRANTEE DEEMS NECESSARY AND APPROPRIATE, GRANTEE IS RELYING SOLELY UPON GRANTEE'S OWN INVESTIGATION OF THE EASEMENT PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. GRANTEE FURTHER AGREES THAT GRANTEE HAS PURCHASED AND ACCEPTED THE EASEMENT INTERESTS IN THE EASEMENT PROPERTY IN ITS CURRENT, "AS IS," WITH ALL FAULTS CONDITION, AND TO HAVE ASSUMED THE RISK OF ANY MATTER OR CONDITION WHICH IS LATENT OR PATENT OR THAT COULD HAVE BEEN REVEALED BY ITS INVESTIGATIONS. GRANTOR HAS NOT MADE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS, AND GRANTOR IS SELLING THE PROPERTY WITHOUT) ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER AS TO THE VALUE, CONDITION, NATURE, CHARACTER, SUITABILITY, HABITABILITY OR FITNESS OF THE EASEMENT PROPERTY, THE INCOME TO BE DERIVED THEREFROM, THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIAL OR OTHER ENVIRONMENTAL CONDITION OR COMPLIANCE OF THE LAND WITH, OR VIOLATION OF, ANY LAW, STATUTE, ORDINANCE, RULE OR REGULATION, AND ANY OF SUCH REPRESENTATIONS AND WARRANTIES, AND ANY CLAIMS OR CAUSES OF ACTION AGAINST GRANTOR BASED IN WHOLE OR IN PART ON ANY VIOLATION OF, OR ARISING WITH RESPECT TO, ANY FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE, RULE OR REGULATION ARE HEREBY EXPRESSLY WAIVED AND RELEASED BY GRANTEE. This Agreement has been executed by Grantor and Grantee on the date of the taking of their acknowledgments, but the effective date of this Agreement shall be deemed to be November 6, 2003, for all purposes and it shall be effective as of that date. Access Easement Agreement Page 7 Doc Bk 00836754 OR 5719 172 GRANTOR: • Southwood West, a Texas General partnership / James H. Woods, partner By: d c\A- J McDowell, partner (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the I L day of November, 2003, by James H. Woods and Jeff McDowell, as partners of Southwood West, a Texas general partnership, on behalf of such general partnership. Notary Public, Sate of Texas = 4 BECKY POE k OMISSION EXPIRES C October 22, 2005 Access Easement Agreement Page 8 Doc Bk Vol p 00836754 OR 5719 173 ra GRANTEE: J Squared, a Texas general partnership \ --- :_ ' /; r— Sonny Jam' on, , - rtner 6 By: Rick Jamr. n, partner (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § I This instrument was acknowledged before me on the -II), of November, 2003, by Sonny Jamison and Rick Jamison, as partners of J Squared, a Texas general partnership, on behalf of such general partnership. h (/ ( t : ?1 °` = BECKY POE Notary Public, State of Texas . '` ''` /s1Y COMMISSION EXPIRES :, .. . October 22, 2005 1 .:a Access Easement Agreement Page 9 Doc Bk Vol Pg 00836754 OR 5719 174 CONSENT AND SUBORDINATION BY LIENHOLDER , Lienholder, as the holder of lien(s) on the fee simple title to the Easement Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclo- sure of the lien(s) will not extinguish the rights and interests of the easement. LIENHOLDER: First Americ • . = nki SB 7 By: Name: L- L-` Title: %�fa_► , _ ►° �0 (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § A,4 instrume was a nowledged before me on theDttday of November, 2003, by PH - C. N A f, L � � �, { of First eri Bank, SSB, a Texas state savings bank, on behalf of such state savings bank. Tn"lit A - 11`1 u ni ,,, � pY P � f7 �; B oa..... ��D �� otary Public, State of Texas ;!/l'1��:� �'� JLIh%■ t • . �',1(,� N� � , „ sas ' Q F 0, ?_006 ' 9 { f 1 Access Easement Agreement Page 10 vu 1 0o0836754 O 5719 175 . , 1 I [ ... , i 1 , - , t i Ili N ■ " a 14 ' ft 31 14111. l it II \C„t,V .1 g I ; 4 k z$ -a it t . ' , B1/4 . , 4. ti& vi 114 . , 1 4 ir I 1 Shi 1 11 1 ? i.t i : N ., die i t: La• it 1 I I...1 F Itil 1'1# # .-2 tea , r. ' 'I P I: . e ... , .,, , -4 it . .1 ' . • / •IIILV * ' 1 '-'1 ---. 1 • i . -„ 1 z: 4 ar s ' Y't , 1 i ii ..,..1.,4 i ti N,I.,... . Li-i t_ . J 1;!; 0 i i: ii! ii i ill 1 .. . ; • ,..ti4 3 , 1 ' -41 I 1 - 4 , , A , 3,6: • _ , . , - 4 . - - - lent-3/ a I I Ili ,. A. , 0 a I i h . i i I ■ i ' If 1 - $ \* ■ , ' - n 1 % ) T. .4;_cc.1-4.k.7, I. 1, a i , 4 e l I i = ) 4'; '''', • ; ,. : . .. V 1,1■.'," I,' 1 . ., I e , shi • k N. i i.1 I ,, 3 ' '•,.1 , t •5 # • r $ ? 1 $ , ' 1 i d : ; i 1... , • P . 0 1 • 5I . \Wier 1 ,'-e....N.....— $ , L . ; e I ; -'''' tt, a : A • 4 . , v , L. ' - . , ,4 :.............:.- — - _ _ _ _ _ ... i II , ,..........„",..., ,,..„ E.,„ 0, ■ IIS N'i 'N I\ " 17.C. Doc Bk Vol Pg 00840151 OR 5775 99 PUBLIC UTILITY EASEMENT DATE: I-1m) J 1 , joo3 GRANTOR: SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods GRANTOR'S MAILING ADDRESS: 4101 Texas Avenue, Suite B (including county) Brazos County Bryan, Texas 77802 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: All that certain 0.14 acre tract or parcel of land lying and being situated in the Crawford Burnett Survey, Abstract No. 7, College Station, Brazos County, Texas and being part of Lot 6, Block 2 - Edelweiss Business Center, according to the plat recorded in Volume 5002, Page 151, of the Official Records of Brazos County, Texas, and part of Lot 7, Block 2 - Edelweiss Business Center, according to the plat recorded in Volume 5391, Page 21, of the Official Records of Brazos County, Texas; said 0.14 acre tract being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all intents and purposes. This conveyance shall grant the rights herein specified only as to that portion of the above - described Property more particularly described on the attached Exhibit "A ", known as the "Easement Area ", and any additional area outside the Easement Area necessary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Area to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify and remove the following: Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Storm sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across the said Property as des�,ribed and any ways, streets, roads, or alleys abutting same; and to cut, trim, and control the growth of trees and other vegetation on and in the Easement Area or on adjoining property of Grantors, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It being understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee. Page 1 Bg/legal ... group(o) /easements /southwood wesdpublic utility easement.doc 1111812003 Doc Bk Vol Pg 80840151 OR 5775 100 GRANTORS expressly subordinate all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agrees to lender's subordinations on behalf of GRANTEE. GRANTORS will provide GRANTEE with the names and addresses of all lenders. It is expressly understood that the GRANTORS or future Owners of this property reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the GRANTEE. RESERVATIONS AND RESTRICTIONS: None. TO HAVE AND TO HOLD, the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTORS do hereby bind themselves, their successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. SOUTHWOOD WEST, a General Partnership com- posed of Jeffrey L. McDowell and James Woods By: 6EP_�_ JEFFREY L. McDOWELL, Partner C By �" 4!�! JAMES WOODS, Partner CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of liens(s) on the fee simple title to the Easement Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclosure of the lien(s) will not extinguish the rights and interests of the easement. FIRST AMERICAN BA.���� a Texas State Savings B _ By: 4 Printed Name: Title: . ; APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. City Attomey Page 2 Bg/legal ... group(o) /easements /southwood west /public utility easement.doc 11/18/2003 Doc Bk Vol Pg 00840151 OR 5775 101 THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the 0 1 day of flc i I„e nt(.(fA, 2003, by JEFFREY L. McDOWELL, Partner of SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods, on behalf of said general partnership. 86CKY POE MY ",MISSION EXPIRES R f?aot v 22, 200' THE STATE OF TEXAS COUNTY OF BRAZOS �- OP Notary Public in and for the State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on the 9_ day of l7 ni e g-rdi m ti , 2003, by JAMES WOODS, Partner of SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods, on behalf of said general partnership. BECKY POE POE MY COMMISSION EXPIRES octobe►22, 2005 THE STATE OF TEXAS COUNTY OF BRAZOS r c 1( 1 �QQ Notary Public In and for the State of Texas ACKNOWLEDGMENT This instrument was acknowled ed before me on the day of o 2003, by n, r, of FIRST AMERICAN BANK, SSB, a Texas State Savings Bank, on behalf of said bank. ?o �" Y MELISSA EDWARDS Notary Public, State of Texas My Commission Expires - DECEMBER 18, 2003 Z PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842 -9960 Page 3 lic in and for the State of Texas RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842 -9960 Bg/legal...group(o)/easements /southwood west /public utility easement.doc 11/18/2003 F.T�c 15' Public Utility EasemeMoc Bk Vol Pg r �sF9 Across 00840151 OR 5775 102 ' Lots 6 & 7, Block 2 CLING,..,. Edelweiss Business Center Vol. 5002, Pg. 151 & Vol. 5391, Pg. 21 Crawford Burnett Survey, A -7 College Station, Brazos County, Texas Field notes of a 15' strip or parcel of land, lying and being situated in the Crawford Burnett Survey, Abstract No. 7, College Station, Brazos County, Texas, and being part of Lot 6, Block 2 - Edelweiss Business Center, according to the plat recorded in Volume 5002, Page 151, of the Official Records of Brazos County, Texas, and part of Lot 7, Block 2 - Edelweiss Business Center, according to the plat recorded in Volume 5391, Page 21, of the Official Records of Brazos County, Texas, and being more particularly described as follows: COMMENCING at an "x" in concrete drive marking the common comer between the beforementioned Lots 6 and 7, Block 2 and in the northeast right -of -way line of Farm to Market Road No. 2154 (Wellborn Road); THENCE S 4� , 03 ''58" E along the northeast right -of -way line of the beforementioned Farm to Market Road No. 2154 for a distance of 11.72 feet to the PLACE OF BEGINNING of this description; THENCE N 43 57'33" E for a distance of 157.12 feet to a 60d nail set; THENCE N 46 02'27" W for a distance of 43.43 feet to a 60d nail set; THENCE N 43 57' 33" E for a distance of 15.00 feet to a 60d nail set, the east comer of building A bears N 45° 22' 14" W - 2.09 feet; THENCE S 46 02'27" E for a distance of 43.43 feet to a 60d nail set; THENCE N 43 57' 33" E for a distance of 125.60 feet to a 60d nail set; THENCE N 46 02'27" W for a distance of 51.89 feet; THENCE N 43 57' 33" E for a distance of 15.00 feet to a 60d nail set, the east comer of building B bears S 61 ° 28' 20" W 4.85 feet; THENCE S 46 02' 27" E for a distance of 66.89 feet to a 60d nail set; THENCE S 43 57' 33" W for a distance of 312.45 feet and corner in the northeast right -of -way line of F.M. No. 2154; THENCE N 47 03' 58" W along the northeast right -of -way line of F.M. No. 2154 for a distance of 15.00 feet to the PLACE OF BEGINNING, containing 0.14 acre of land, more or less. 1 1 ' I 1 1 1 1 1 1 1 ' EASEYENT METES.• Surveyed November 2003 LINE BEARING D ISTANCE L 1 N 43'57:33 E 157.12' L2 46'02'27W 43 43' r B y' N /V I L3 N 435733E 15.00' ., 9.9 S. / L4 S 46'0227'£ 4343' L 5 N 43 5733E 125.60' M. Kling L6 N 460227 51.89' R.P.L.S. No. 2003 L7 N 43573J'E 15.00 L8 S 46'0227 E 66.89' rA L9 S 43'57:33'19 312.45' n f. Y L 10 N 47'03 SB 19 15.00' ; LOT 6, BLOCK TWO EDELWEISS BUSINESS CE R BUILDING B i % BUILDING A LOTS 5 & B, BLOCK TW / r 1 I VOL. 5002, PG. 151 N 45'22'14' W-2.09' 25 PRIVATE ACCESS EASEMENT nJ ' X" SET IN N CONCRETE ' 1 1 L --------------- (� - ---------------------- > >< »: N 1' _ — — S 4T03 se'E 11.72'- L5 2 w { 2 www r yrrrY.wwr wwwrrrrr,'rrirr r irrr rr wrrrww "" 1Y �Irrirrrrwrrrwrrrrr ..:: �" � - rrrrrr�w' 1 ' 15' PUBLIC UTILITY L9 ' EASEMENT LOT 7, BLOCK TWO 0.14 ACRE EDELWEISS BUSINESS CENTER v ' LOTS 7 & 6, BLOCK TWO ' VOL. 5391, PG. 21 KLING ENGINEERING & SURVEYING BRYAN. TEXAS 1 1 ' I 1 1 1 1 1 1 1 ' 00840151 OR 5775 '103 Filed for Record in: BRAZOS COMM On: Dec 17,2003 at 08:85A As a Recordings Docuunt Nuebert 00840151 Aeount 17.00 Receipt Nunber — 232491 Flo Work an STATE OF MRS MW ff I hereby certify that this itstrrieat was filed w the date and tiee staiped hereon by it and was duly recorded it the "live and page of the Toed rKvds of.- B0fiD8 Cltllfl' as staiped hereon by w. Dec 17, 2003 mmm i4ARf]V xmoT mKry am BEM miff f