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HomeMy WebLinkAboutEasementEasement Agreement for Reciprocal Access, Parking, Drainage and Detention Date: 2005 First Party: Name: R &S Leasing, a partnership. Mailing Address: 1705 South Blue Bell Road, Brenham, Washington County, Texas 77833 Property: Lot Two (2) , Block One (1) , Reminaton Subaivision, City of Bryan, according to Plat thereof recorded in Volume 1239, Page 219 of the Official Records of Brazos County, Texas. Known as College Station Professional Building Two at 1603 Rock Prairie Road. Second Party: Name: R &S Leasing, a partnership. Mailing Address: 1705 South Blue Bell Road, Brenham, Washington County, Texas 77833 Property: Lot One (1) , Block One (1) , Remington Subdivision, City of Bryan, according to Plat thereof recorded in Volume 1239, Page 219 of the Official Records of Brazos County, Texas, Excluding the drainage easement located at the north end of the property and recorded in Volume 1473, Page 220 of the Official Records of Brazos County, Texas. Known as College Station Professional Building One at 1605 Rock Prairie Road. Third Party: Name: R &S Leasing, a partnership. Mailing Address: 1705 South Blue Bell Road, Brenham, Washington County, Texas 77833 Property: Lot G - 1A, Section two (2), Ponderosa Place, City of Bryan, according to Plat thereof recorded in Volume 4734, Page 122 of the Official Records of Brazos County, Texas. Known as the TEEX Building at 1701 Rock Prairie Road. Easement Purpose: For: 1. Providing free and uninterrupted pedestrian and vehicular ingress to, egress from, parking on, and access across and between First Party's Property, Second Party's Property, and Third Party's Property and portions thereof. 2. Providing free and uninterrupted use of the detention basin located on First Party's Property and Second Page 1 of 8 Party's Property and drainage across and between First Party's Property, Second Party's Property, and Third Party's Property and portions thereof. Consideration: The sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties. Reservations from Conveyance: First Party's Property: NONE- Second Party's Property: NONE Third Party's Property: NONE Exceptions to Warranty of All Pr operties: 1. Present restrictions, if any, existing against said property; 2. Existing building and zoning ordinances, if any; 3. Rights of parties in possession; and 4. Existing utility easements reserved on any subdivision plat and /or granted by separate instruments affecting said property. Grants of Easements: 1. First Party, for the Consideration and subject to the Reservations from Conveyance of First Party's Property and Exceptions to Warranty of First Party's Property, grants, sells, and conveys to Second Party and Second Party's heirs, successors and Third Party and Third Party's heirs, successors, and assigns an access, parking and drainage easement to, over, and across First Party's Property for the Easement Purpose and for the benefit of all or any portion of Second Party's and Third Party's Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold the easement, rights, and appurtenances to Second Party and Second Party's heirs, successors and Third Party and Third Party's heirs, successors, and assigns forever. First Party binds First Party and First Party's heirs, successors, and assigns to warrant and forever defend the title to the easement, rights, and appurtenances in Second Party and Second Party's heirs, successors and Third Party and Third Party's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the easement, rights, or appurtenances, or any part thereof, except as to the Reservations from Conveyance of First Party's Property and Page 2 of 8 Exceptions to Warranty of First Party's Property, to the extent that such claim arises by, through, or under First Party but not otherwise. 2. Second Party, for the Consideration and subject to the Reservations from Conveyance of Second Party's Property and Exceptions to Warranty of Second Party's Property, grants, sells, and conveys to First Party and First Party's heirs, successors and Third Party and Third ?arty' s heirs, successors, and assigns an access, parkin and drainage easement to, over, and across Second Part Property for the Easement Purpose and for the benefit c_ all or any portion of First Party's and Third Party'-Q Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold the easement, rights, and appurtenances to First Party and First Party's heirs, successors and Third Party and Third Party's heirs, successors, and assigns forever. Second Party binds Second Party and Second Party's heirs, successors, and assigns to warrant and forever defend the title to the easement, rights, and appurtenances in First Party and First Party's heirs, successors and Third Party and Third Party's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the easement, rights, or appurtenances, or any part thereof, except as to the Reservations from Conveyance of Second Party's Property and Exceptions to Warranty of Second Party's Property, to the extent that such claim arises by, through, or under Second Party but not otherwise. 3. Third Party, for the Consideration and subject to the Reservations from Conveyance of Third Party's Property and Exceptions to Warranty of Third Party's Property, grants, sells, and conveys to First Party and First Party's heirs, successors and Second Party and Second Party's heirs, successors, and assigns an access, parking and drainage easement to, over, and across Third Party's Property for the Easement Purpose and for the benefit of all or any portion of First Party's and Second Party's Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold the easement, rights, and appurtenances to First Party and First Party's heirs, successors and Second Party and Second Party's heirs, successors, and assigns forever. Third Party binds Third Party and Third Party's heirs, successors, and assigns to warrant and forever defend the title to the easement, rights, and appurtenances in First Party and First Party's heirs, successors and Second Party and Second Party's heirs, Page 3of8 successors, and assigns against every person whomsoever lawfully claiming or to claim the easement, rights, or appurtenances, or any part thereof, except as to the Reservations from Conveyance of Third Party's Property and Exceptions to Warranty of Third Party's Property, to the extent that such claim arises by, through, or under Third Party but not otherwise. 4. The easements, rights, and appurtenances hereby granted by and between First Party, Second Party and Third Party are referred to herein_ as the "Easements." First Party':. Property, Second Party's Property and Third Party's Property are sometimes referred to herein collectively as the "Properties." First Party, Second Party and Third Party are sometimes referred to herein individually as a "Party" and collectively as the "Parties." Terms and Conditions: The following terms and conditions apply to the Easements granted by this agreement: 1. 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 and the heirs, successors, and assigns of the Parties who at any time own the Properties or any interest therein (as applicable, the "Holders "). 2. Duration of Easements. The duration of the Easements is perpetual. 3. Nonexclusiveness of Easements. The Easements are nonexclusive, and each of The Parties reserves for itself and its heirs, 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. 4. Use and Location of Easements. The Parties and other Holders will be entitled to exercise direct access and drainage to and between the Properties without interference except as set forth in this agreement and to use all access areas, driveways, parking lots, drainage ways, drainage structures, and detention areas located on any portion of the Properties in Page 4 of 8 exercising the Easements. A Holder may erect curbs or other barriers to traffic and drainage between the Properties owned by that Holder and adjacent portions of the Properties, including but not limited to differences in grade levels, only to the extent that such curbs or other barriers will not unreasonably interfere with or restrict drainage to and between the properties or direct access to and between the Properties by the Holders of other portions of the ?rooerties and their empiovees, customers, and Gtr.er invitees. A Holder may erect buildings and other improvements on the portion of the Properties owned by that Holder only to the extent that the buildings and other improvements will not unreasonably interfere with the use of and access to the access areas, driveways, parking lots, drainage ways, drainage structures, and detention areas on such portion of.the Properties by the other Holders and their employees, customers, and other invitees. A Holder's employees, customers, and other invitees will be entitled to park on the other Holder's Properties and will be permitted to walk or drive across and otherwise traverse the Properties to obtain ingress to or egress from the other Properties. 5. Maintenance of Easement Property. All access ways, driveways, parking lots, drainage ways, drainage structures, and detention areas located on the Properties must be maintained at a level of appearance and utility consistent with the highest industry standards then prevailing for similarly used properties in the market in which the Properties are located. Each Holder will be solely responsible for the costs of maintaining the access ways, driveways, parking lots, drainage ways, drainage structures and detention areas located on that Holder's Properties. If a Holder does not perform the required maintenance then any other Holder, after giving the nonperforming Holder thirty days' written notice, will have the right to perform the maintenance and receive reimbursement from the nonperforming Holder. Reimbursement will be payable on demand and include the costs of the maintenance, plus interest at the rate of 10 percent per year. Responsibility for maintenance of the drainage easement located on the North end of Second Party's property and excluded from this agreement is not defined in this agreement. 6. Rights Reserved. Each Party reserves for that Party Page 5 of 8 and that Party's heirs, 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 Easements. 7. Equitable Rights of Enforcement. These Easements may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restrainina orders anct 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. 8. Attorney's Fees. If any Party retains an attorney to enforce this agreement, the Party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 9. Binding Effect. This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. 10. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any other jurisdiction. Venue is in the county or counties in which the Properties are located. 11. 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. 12. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting Party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 13. 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 Page 6 of 8 contemplated by this agreement. 14. Indemnity. Each Party agrees to indemnify, defend, and hold harmless the other Parties from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision of this agreement by the indemnifying Party. 15. 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, = warranties that are not expressly set forth in this agreement. 16. Legal Construction. If any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the Parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. 17. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, 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. 18. Recitals. Any recitals in this agreement are represented by the Parties to be accurate, and constitute a part of the substantive agreement. 19. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean calendar days. Business days exclude Saturdays, Sundays, and Page 7 of 8 legal public holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or leaa" public holiday, the date for performance will be tine next following regular business day. Firs Party: It Schoenvogel, Partner Second Party: Walt Schoenvoge - 1, Partner Third Palrty : Walt Schoenvogel, State of Texas County of Washington This instrument was acknowledge before me on September 6,2005 by Walt Schoenvogel, on behalf of R & S Leasin , a partnership. Paula K. Page My commission expires: jo ts rJAULA K. PAGE -,OTARY PUBLIC N STATE OF TEXAS '''► OF Comm. Expires 07- 11.2008 Page 8 of 8