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HomeMy WebLinkAboutEasements STATE OF TEXAS § COUNTY OF BRAZOS § ACCESS EASEMENT AGREEMENT, THIS ACCESS EASEMENT AGREEMENT (this "Agreement ") is made and entered into effective as of the 29th day of August, 2005, by and between COLLEGE STATION HOSPITAL, L.P., a Delaware limited partnership ( "Grantor ") (collectively, "Grantor "), and ANGEL HERMANOS, LTD., a Texas limited partnership ( "Grantee "). WITNESSETH: WHEREAS, the Grantor is the owner of certain real property located in the City of College Station, Brazos County, Texas, and identified as the cross - hatched area shown on Exhibit A attached hereto and made a part hereof for all purposes (the "Easement Parcel "); WHEREAS, Grantee is the owner of certain real property located in the City of College Station, Brazos County, Texas, adjacent to the Easement Parcel as more particularly described on Exhibit B attached hereto and made a part hereof for all purposes (the "Grantee Parcel"); WHEREAS, Grantor desires to create a non - exclusive access easement for ingress and egress, and over and across paved surfaces located from time to time on the Easement Parcel which will provide for pedestrian and vehicular access to and for the benefit and be appurtenant to the Grantee Parcel, subject to and conditioned upon the terms and conditions of this Agreement; WHEREAS, the Grantor and Grantee are executing this Agreement and will record the same in the official land records of Brazos County, Texas, for the purpose of creating such easement; NOW, THEREFORE, in consideration of the premises hereinabove stated and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor and Grantee, Grantor and Grantee as the fee simple owners of the Easement Parcel and the Grantee Parcel, respectively, hereby declare that the Easement Parcel and the Grantee Parcel shall be held, sold, conveyed, transferred, leased, encumbered and mortgaged, subject to this Agreement: ARTICLE I ACCESS EASEMENT Section 1.1 Access Easement. (a) Grantor hereby grants and declares to and for the benefit of the Grantee Parcel, a perpetual non - exclusive right and easement for pedestrian and motor vehicle ingress and egress to and from the Grantee Parcel on, over and across the paved surfaces located on the Easement Parcel from time to time (the "Access Easement "). (b) Grantor shall have the right to grant similar easements, leases and licenses to others for the use of the drives and other paved surfaces located on the Easement Parcel as shall be determined in the sole discretion of Grantor to be necessary, appropriate or desirable in connection with the use, operation and enjoyment of the buildings and improvements now or hereafter located on the real property now or hereafter owned by Grantor or any part thereof, provided, however, that the granting of such easements, leases or licenses shall not unreasonably impair Grantee's rights regarding the use of the Easement Parcel. Grantor and such other persons or entities as Grantor may have granted easements, leases or licenses for the use of the Easement Parcel, shall have the right to use the drives and other paved surfaces located on the Easement Parcel for ingress and egress in common with Grantee. In addition, Grantor hereby reserves the right to (i) relocate or reconfigure the Easement Parcel, or (ii) close temporarily any portion of the Easement Parcel, so long as such relocation, reconfiguration or closure does not materially impact Grantee's rights regarding the use of the Easement Parcel granted hereunder. ARTICLE II GENERAL PROVISIONS Section 2.1 General Easement Provisions. As long as any of the easements, covenants or agreements granted and/or declared in Article I remains in effect, then the Easement Parcel, the Grantee Parcel, Grantor and Grantee are subject to all of the following: (a) The rights and easements granted, declared and created herein and the various terms, conditions, restrictions and agreements set forth herein shall be: (i) easements and covenants running with the land; and (ii) binding upon and inure to the benefit of Grantor, Grantee and their respective heirs, successors and assigns and all those claiming by, through or under each such owner or its or his/her heirs, successors and assigns. (b) The rights and easements granted and declared herein for the benefit of Grantee are intended to create a property interest or right only in Grantee and its respective successors and assigns; provided, however, Grantee may permit its tenants, subtenants, partners, officers, directors, employees, agents, contractors, invitees, licensees and other occupants of any portion of the Grantee Parcel to use and enjoy the easements and easement rights granted and declared herein for the benefit of Grantee, but only so long as no property interest in such easements or easement rights is transferred to any such person or entity. (c) Nothing contained herein shall be construed or deemed to constitute a dedication, express or implied, of any real property to or for any public use or purpose whatsoever. (d) Whenever Grantor relocates any easement granted and declared herein pursuant to the terms hereof, then (i) Grantor may execute and record in the Real Property Records of Brazos County, Texas a notice which describes the easement area which has been relocated, closed or removed and the portion(s) of the Easement Parcel which are no longer subject to the Access Easement shall terminate as to the portion(s) of the Easement Parcel described in the notice; (ii) Grantee shall, upon request by Grantor, execute and deliver all releases or other documents and perform all acts that Grantor shall deem reasonably necessary or appropriate to acknowledge, ratify and confirm termination, cancellation and release of the easement rights herein granted with respect to those portions of the Easement Parcel which were subject to the easement or portions thereof which have been or are to be relocated or closed as set forth in the notice referred to in clause (i) above; and (iii) Grantor will, upon request by the Grantee, execute and deliver to the Grantee all agreements or other documents and perform all acts that Grantee shall deem reasonably necessary or appropriate to record the new location of any such relocated easement. (e) In connection with the use and enjoyment of the easements and rights granted and declared herein for the benefit of Grantee, Grantee shall comply with all applicable laws, regulations, orders and requirements of all governmental entities having jurisdiction over the same whether federal, state or local. (0 Grantee shall indemnify and save Grantor harmless from and against any and all losses, costs, damages, expenses, liabilities, demands and causes of action and any expenses incident to the defense thereof incurred by Grantor arising as a result of the exercise, use or enjoyment of any rights or easements granted or declared herein for the benefit of Grantee or arising out of any violation by Grantee of any of the terms or provisions of this Agreement. Furthermore, Grantee shall indemnify and save Grantor harmless from and against any and all loss, costs, damages, expenses, liabilities, demands and causes of action and ANY expenses incidental to the defense thereof by Grantor resulting from any injury or death of persons or damage to property which occurs on the Easement Parcel or in any manner directly or indirectly grows out of or in connection with the use, occupancy or condition of the Easement Parcel; provided, however, Grantee shall not so indemnify and save harmless Grantor from the consequences of any negligent acts of Grantor. Section 2.2 Covenants Running with the Land; Enforcement and Remedies. The covenants and restrictions provided for in Article I shall be effective upon the date hereof and shall run with the land. The agreements provided for herein shall inure to the benefit of and be binding upon Grantor, Grantee and the respective successors, successors -in- title, assigns, heirs and lessees of Grantor and Grantee, and their respective agents, employees, lessees and invitees. The covenants and restrictions provided for in Article I shall remain in full force and effect and shall be unaffected by any change in ownership of the Grantee Parcel, the Easement Parcel or the Grantor Parcel, or any portion of any of them, or by any change of use, demolition, reconstruction, expansion or other circumstances, except as specified herein. Irreparable harm will result to Grantor by reason of any breach of the agreements, covenants and restrictions as set forth in this Agreement, and, therefore, Grantor shall be entitled to relief by way of injunction or specific performance to enforce the provisions of this Agreement, as well as any other relief available at law or in equity. The failure of Grantor, in any one or more instances, to insist upon compliance with any of the terms and conditions of this Agreement, or to exercise any right or privilege conferred in this Agreement, shall not constitute or be construed as the waiver of such or any similar restriction, right, option or privilege, but the same shall continue and remain in full force and effect as if no such forbearance had occurred. Section 2.3 Fees and Expenses. In the event a dispute arises concerning the meaning or interpretation of any provision herein, the defaulting party or the party not prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees. Section 2.4 Amendment, Etc. This Agreement or any provisions hereof, or any covenants and conditions contained herein, may be terminated, extended, modified or amended, but only by a written instrument duly executed by Grantor. No such termination, extension, modification or amendment shall be effective until an appropriate instrument has been properly executed by Grantor and recorded. Section 2.5 No Merger. The easements and easement rights set forth herein shall not be terminated or extinguished by merger of title or otherwise unless Grantor executes a consent to the termination of such easements and easement rights and such consent is recorded. Section 2.6 Severability. If any term or provision of this Agreement, or the application thereof to any person, entity or circumstance shall, to any extent, be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to persons, entities or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Section 2.7 Governing Law; Legal Requirements. This Agreement shall be govemed, construed and enforced in accordance with the laws of the State of Texas. Section 2.8 Exhibits. All exhibits referred to herein are attached hereto and made a part hereof. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] IN WITNESS WHEREOF, these presents have been executed by the duly authorized officer of Grantor and Grantee on the day and year first above written. GRANTOR: COLLEGE STATION HOSPITAL, L.P., a Delaware limited partnership By: College Station Medical Center, LLC, a Delaware limited liability company, its general partner By. AA JP �..�..r Name: )REBECCA ' RLEY 1 Title: $vP GRANTEE: ANGEL HERMANOS, LTD., a Texas limited partnership By: Angel Hermanos Management, LLC, a Texas limited liability company J By: L s.�:.. Name: V Title: STATE OF TEXAS § § ss. COUNTY OF COLLIN § I, C �q (( a Notary Pub of said County and State, certify that C BECCA HURLEY J , whose name as 1 '' of College Station Medical Center, LLC, a Delaware limited liability company, in its capacity as general partner of College Station Hospital, L.P., a Delaware limited partnership, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he, as such officer and with full authority, executed the same voluntarily for and as the act of said limited partnership. Given under my hand and official seal, this 2.p day of gust 2005. [Notary Seal] ! • 411 .•• 4 CINDY J. JARRELL " MY COMMISSION EXPIRES May 4, 2006 EXHIBIT A EASEMENT PARCEL [See Attached] , . - — • . % il 119 ' • I 1 Ilk 11111E-NA. , i • (- -- h K .. — i / ' • c... 1 e 1 z c-- --:-___ - L--____________-- l , z , , 4 • i , 0 • 9 ‘, -.., (.2) -...„. ( 4-..) • , 4' '1 / -----...$ \ I ; ......_ . , • . r .--, 4 * ...> . --..,----------- sx I, > . / •-■ , •--t ' / , ,-- kr: 1 NI • r } 7 1 ..-, r ■ ..; / / / / . , 0 11 1 , ( . 1 24_4 , ....,•., ' --;.-"' -..... ' - - , / ' 1/ , - I . . , ..,. I -....1 ' 11 Id 1 -- A 1 W.. 4 .' ,1 //// ,., // ) ylill 1 ;I .&.,..) tr --,.., 4K.i.L.e:),;,,,/,../,', • '";-.: , ." ' -4 //// i , 4 II il! : i • pr , -- ----,z t , „„ /I! ■filikp,..,„.:, , 4 /,, / //// \ -•41 : I I a , • ••••, / -I - ..-_,7,..., // i / 1! Ili ' ! I/ / 4 H 1 /:0.,,..,74r ,.. 7- ,,,... ii) I // / i l I. f .4 v 1 , w,„7-- • i i ! 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' , , 1 fil ,, ....;, ,,,,, n , ,A , :y... ,,,, F. , :. , a , : , n. , ,,a...,: , -,:.•.c..-1..:, , ...- , , • -, ' • , 4.. • e .• • - • ,•••,,,,, , , 7 , I J ' • ‘• ., „ .• - . •••••,:t.,,,,,, • ... ' •.. '':-.' d 'i i t4../ ' /! / 41.2 i / / , , zt' • ,t.. , , 'fi.... '.... •••,,..•.!-,.._ ',,,,, ...,-,..... /, .- .-.....T., ,' : / , / , i ,,,,, • 71h .4 / / ',..,'->,•,,,,L,.,:..,i....1- 7.`1',44;.,F.5:.!,:;;::,.,,Pqr, • ' "q , , ,..4».) • ',. -.. ..... 1",:.-:,-..,._ Z4F;' 4' -6 I t , ';',,' I /1/ ' ' A ' f k i 4- '74 • 0P14.."-?,7:-..,:.:9',:.-r .,..: / , / _., ,.., . , i f , __, ,, / 1 :*•• .. . ,....„,,..i',11• .74,„ , / / { :Ft ,• • / 4,„...vte-deria;. i , / ft,,, : / .. /-' 7 •, , •, , g:;; . " - % . , ,- ;•*>': . . : y , i 1 ; !cf."? . t:tf;i:* -1 ',-,: - .-v. „: I / , / 44,,v1:§;::.',,,..,"A 5 --- ; • " ' i ''' . ' / V I 1 .1 , 414 - --,„ ' e•,..,z•':::.:1(.4..: : , / f -1 47 / i ; . . , ' 6 . • / / •://,:z.,: , %.4',‘, - 7.- 4/ ,,,, ..' t .f.r ' i / 7 ,' ; n ii ,.. ,.. . / / / , ,,' , 77111 / i i / • /„../ • , , . „..........0 !.., , l , - 'N' , ':. • -- . --:.. r / -. - ' , --....._ -....... -,,.. ,, , , , ' . ■•-• 'it. ". • - . .... ----. • rr" • . . -.1 . • , /y ... . . / • • ...- . .. • ,--,-1---- EXHIBIT B GRANTEE PARCEL Property (including any improvements): Lot EIGHT (8), Block THREE (3), L.O. BALL MEMORIAL SUBDIVISION PHASE II, City of College Station, according to plat thereof recorded in Volume 3582, Page 295 of the Official Records of Brazos County, Texas. AUG -09 -2005 14'08 IVAUGHN CONSTRUCTION 979 260 7676 P.03/10 V STATE OF TEXAS l 2 C `> COUNTY OF BRAZOS # ACCESS EASEMENT AGREENT THIS ACCESS EASEMENT AGREEMENT Obis "Ageosmagr) is made and entered into effective as of the day of August, 2005, by and between COLLEGE STATION HOSPITAL, L.P., a Delaware limited parlaor'ship ( "Grantor") (collectively, "Grantor'), and (BCS HEART ENTITY], a ( " tee'") - WITNESSETH: WI-AS, the Grantor is the owner of certain real property located in the City of College Station, Brazos County, Texas, more particularly descr on Fes' attached hereto and made a pact hereof for all purposes (the "Easement Parcel "); WHEREAS, Grantee is the owner of certain real property located in the City of College Station, Brazos County, Texan, adjacent to the Easement Parcel comprising approximately acres, as more particularly described on •Exhibit B attached hereto and maw a part hereof for all purposes (the " tai Parcel "); WHEREAS, Grantor desires to create a non- exclusive access easement Syr ingress and egress, and over and across the Easement Parcel which will provide for pedestrian and vehicular access to and for the benefit and be appurtenant to the Grantee Parcel, subject to and caond boned upon the terms and conditions of this Agreement; WHEREAS, the Grantor and Grantee are executing this Agreement and will record the same in the official land records of Brazos County, Texas, for the purpose of meeting such easement; NOW, THEREFORE, in consideration of the premises hereiaabove stated and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor and Grantee, Grantor and Grantee as the fee simple owners of the Easement Parcel and the Grantee Parcel, respectively, hereby declare that the Easement Parcel and the (}ranee Parcel shall be held, sold, vanveyed, transferred, leased, encumbered and mortgaged, subject to this Agreement; ARTICLE I ACCESS EASRbMET • Section 1.1 ,Accen pima (a) Grantor hereby grants and declares to end for tike benefit of the Grantee Parcel, a perpetual nori.cxsluaive right and easement for pedestrian and motor vehicle ZOO d KL8 ;o 1xb2E SO6 WY E:11 3P.Z ;6OZ- SO -FA1d AUG -09 -200 14 :09 OAUGHN CONSTRUCTION 979 260 ?676 P.04/10 ingress and egress to and from the Grantee Parcel on over and across the Easement Parcel (the "Access Ease (b) Grantor shall have the right to grant similar easements, leases and licenses to others for the use of the drives and other paved surfaces located on the Easement Parcel as shall be determined in the sole discretion of Grantor to be necessary, appropriate or desirable in connection with the use, operation and enjoyment of the buildings and improvements now or hereafter located on the real property now or hereafter owned by Grantor or any part thereof, provided, komem that the granting of such easements, leases or licenses shall not unreasonably impair Granter's rights regarding the use of the Easement Parcel. Grantor and such other persons or entities ns Grantor may have granted easements, leases or licenses for the use of the Easement Pascal, shall have the right to use the drives and other paved surfaces located on the Easement Parcel for ingress and egress in common with Grantee. In addition Grantor hereby reserves the right to (1) relocate or recoafig ire the Easement Parcel, or (ii) close temporarily any portion of the Trent Parcel, so long as such relocation, reconfiguration or closure does not materially impact Grantee's rights regarding the use of the Easement Parcel granted hereunder. ARTICLE It GE NERAL PROVISIONS Section 2.1 Gerral Easement Pro,nt}og. As long as any of the easements, covenants or agreements granted and/or declared in Article I reraasins in effect, then the Easement Parcel, the Grantee Parcel, Grantor and Grantee are subject to all of the following: (a) The rights and easements granted, declared and created herein and the various terms, conditions, restrictions and agreraneats set forth herein shall be (1) easements and covenants running with the lend; and (ii) binding upon and inure to the benefit ofCutor, Grantee and their respective heirs, successors and assigns and all those claiming by, through or under each such owner or its or hisfher heirs, successors and assigns. (b) The rights and easements granted and, declared herein for the benefit of Grantee are intended to create a property interest or right only in Grantee and its respective successors and assists; provided, however, Grantee may permit its tenants, subtenants, partners, officers, directors, employees, agents, contractors, invitees, licensees and other occupants of any portion of the Grantee Parcel to use and enjoy the easements and easement rights granted and declined herein for the benefit of Grantee, but only so long as no property interest in such easements or easement rights is transferred to any such person or entity. (c) Nothing contained herein shall be construed or deemed to constitute a , dedication, express or implied, of any real property to or for any public use or purpose whatsoever: £DO 'd 4? . 2 . 'v J V }[ M NY E SDDZ- SD -'4d AUG -09 -2005 14 :09 :JAUGHN CONSTRUCTION 979 260 7676 P.05,10 (d) Whenever Grantor relocates any easement grant.4 and declared herein pursuant to the terms hereof, then (i) Grantor may execute end record in the Real Property Records of Brazos Count% Texas a notice which describes the easement area which has been relocated, closed or removed and the portion(s) of the Basement Parcel which are no longer subject to the Access Easement shall terminate as to the portion(s) of the Easement Parcel described in the notice; (if) Grantee shall, upon request by Grantor, execute and deliver all releases or other documents and perform all acts that Grantor shall deem reasonably necessary or appropriate to acknowledge, ratify and confines termination, cancellation and release of the easement rights herein muted with respect to those portions of the Easement Parcel which were subject to the easement or portions thereof which have been or are to be relocated or closed as set forth in the notice referred to is clause (i) above; and (iii) Grantor will, upon request by the Grantee, execute and deliver to the Grantee all agreements or other documents and perform all acts that Grantee shall deem reasonably necessary or appropriate to record the new location of any such relocated easement. (e) In connection with the use and enjoyment of the casements and rights granted and declared herein for the benefit of Grantee, Grantee shall comply ply with all applicable laws, regulations, orders and requirements of all governmental entities having jurisdiction over the same whether federal, state or local. (f) Grantee shall indemnify and save Grantor harmless from and agaiaet any and all losses, costs, damages, expenses, liabilities, demands and causes of action and any expenses incident to the defense thereof, inow red by Grantor arising as a result of the exercise, use or enjoyment of any rights or easements granted or declared herein for the benefit of Grantee or arising out of any violation by Grantee of any of the terms or provisions of this Agreement. Furthermore, Grantee shall indemnify and save Grantor harmless from and against any and all loss, costs, damages, expenses, liabilities, demands and causes of action and ANY expenses incidental to the defense thereof by Grantor resulting from any injury or death of persons or damage to property which. occurs on the Easement Parcel or in any manner directly or indirectly grows out of or in connection with the use, occupancy or condition of the Easement Parcel; provided, however, Grantee shall not so indemnify and save harmless Grantor from the consequences of any negligent acts of Grantor. Section 2.2 roveaamts Running wit}i ae Land: Enforcement and Remedy. The covenants and restrictions provided for in Article I shall be effective upon the date hereof and shall run with the land. The agreements provided for herein shall inure to the benefit of and be binding upon Grantor, Grantee and the respective successors, successors -in- title, assigns, heirs and lessees of Grantor and Grantee, and their respective agents, employees, lessees and invitees. The covenants and restriction* provided for in Article I shall remain in full force and effect and shall be unafected by any change in ownership ofthe Grantee Parcel, the Easement Parcel or the Grantor Parcel, or any portion of any of them, or by any change of use, demolition, reconstruction, expansion or other circumstances, except as specified herein. Irreparable harm will result to Grantor by reason of any breach of the agreements, covenants and restrictions as set forth in this Agreement, and, therefore, Grantor shall be entitled to relief by way of injunction or specific pexfonnance to enforce the provisions of this Agreement, as well as any other relief BOG 'd i~OtS 56f 6t6g 11V211 s a WV a:11 au sou-u-.gild AUG -09 -2005 14:10 UAUGHN CONSTRUCTION 9 79 260 7 676 P.06/ 10 available at law or in equity. The fSSluxe of Grantor, to any one or more inst nCeS, to insist upon compliance with arty of the teams and conditions of this Aveernent, or to noels* any right or privilege conferred in this Agreement, shall not constitute or be construed as the waiver of such or any stroller restriction, right, option or privilege, but the same shell continue and gain► in full force and elect as if no such forbearance had occurred. Section 2.3 Fees and _Expenses. In the event a dispute arises concerting the meaning or interpretation of any provision herein, the deSsultiug party or the party not prevailing in each dispute, as the cue =my be, shall pay any and ell costs and expenees inciured by the other party in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees, Section 2.4 ant. Et c. This Agreement or any provisions hereof, or any covenants and conditions contained Herein, may be terminated, extended, modifed or amended, but only by a written instrument duly executed by Grantor No such termination, extension, modification or amendment shall be effective until an appropriate instrument has been properly executed by Grantor and recorded. Section 2.5 No Mergar. The easements and easement rights set forth herein shall not be terminated or extinguished by mergmr of title or otherwise unless Grantor executes a consent to the termination of such easements and cuemeut rights and such consent is recorded Section 2.6 Set arability. If arty term or provision of this Agreement, or the application thereof to any person, entity or circumstance shall, to any extent, be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to persons, entities or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each tam and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Section 2.7 gig ereina Lawategal jteauiremgg s Thin Agreement shall be governed, construed and enforced in accordance with the laws of the State of Texas. Section 21 Exhibits All exhibits referred to herein are attached hereto and made a pert hereof' [THE REMAINDER OF 'IT US PAGE IS INTENTIONALLY LEFT BLANK.) • goo 4 KG8 SLR S2E NV L :11 KOZ- 6O- �J':',Y AUG -09 -2005 14:11 VAUGHN CONSTRUCTION 979 260 7576 P.07/10 N WITNESS WHEREOF, these presents have been executed by the duly authorized officer of Grantor and Grantee on the day and year first above written. GRANTOR COLLEGE STATION HOSPITAL, L.P., a Delaware limited partnership By: College Station Medical Center, LLC, a Delaware limited liability company, its general partner By: - Name: _ GRANTEE: [BCS MART ENTITY) a By: Name : _ ._. Title: STATE OF TEXAS § § ss. COUNTY OF COLLIN § I, , a Notary Public of said County and State, certify that , whose mane as of College Station Medical Center, LLC, a Delaware limited liability company, in its capacity as general partner of College Station Hospital, L.R., a Delaware limited partnership, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, bring informed of the contents of the instnum+ent, he, as such officer and with full authority, executed the same vohmtazily for and as the act of said limited partnership. Given under my hand and official seal, this day of _ , 2005. [Notary Seal] My commission expires: Notary Public 900 'd KG8 iB 6t62 S2E Ad Z:: s l an s]E- 6o -Elv AUG -09 -2005 14:12 UAUGHN CONSTRUCTION 979 260 ?676 8.09/10 STATE OF TEXAS § § ss. COUNTY OF COS IN § 1, , a Notary Public of said County and State, certify that whose name as of [BCS HEART ENTITY), a is signed to the Doing instrument, and who is karma to rue, acknowledged before me on this day that, being inlbrmed of the contents of the instrument, he, is such officer and with 1'111 authority, executed the same voluntadly for and as the act of said Given under my hand and afficlal seal, this day of _ . 2005. [Notary seal] My commission expires: Notary Public • coo d Koce 5L5Z II1t3H s?a fib' LZ : ; 1 SODS -ED -C AUG -09 -2005 14 :12 VAUGHN CONSTRUCTION 979 260 7676 P.09/10 EXHIBIT A £A AKENr PARCEL [see Attached] RUO 'd KL6 6B 6L,61 1113E SH KY E:11 gRI, G^ili,- Fll -n AUG -09 -2005 14:12 UAUGHN CONSTRUCTION 979 2E0 767E P.10/10 EBANEWASELL Pee Attached] • TOTAL P.10 My commission expires: Notary Public STA OF TEXAS § § ss. COUNTY OF COLLIN § 1, x g, . a Notary Public of said County an State, certify that '� ,, .:4i t ,fir' whose name as y('�1QA! of Angel He rmanos Managem t, LLC, �• Texas limited liability co pany, in its capacity as general partner of Angel Hermanos, Ltd., a Texas limited partnership, is signed to the foregoing instru and who is known to me, acknowledged before me on this day that, being informed of the contents o the instrument, he, as such officer and with full authority, executed the same voluntarily for an as the act of said limited partnership. Given under my hand and official seal, this i�� day of S , 2005. [Notary Seal] ke 01,d4' � " • 01"l My commission expires: is / lv' i-00 Notary Public r-c ;x ' "• 4 WANDA L. WHITE ,, MY COMMISSION EXPIRES JUNE 6, 2007 \.,,,,,,....,, . \jkS:),...., /10-3>%* , \ \...1 1/4 ' CZ5040...r." ■ , V S 4* \