HomeMy WebLinkAboutEasementsPRIVATE JOINT ACCESS EASEMENT
DATE: June , 2005
GRANTOR (including address):
GRANTEE (including address):
DOMINANT ESTATE PROPERTY:
EASEMENT PROPERTY:
[Describe by metes and bounds the property serving as the easement, and include a
drawing (preferably a survey of the easement, which survey should show the locations of
all other competing easements, such as pipeline easements, drainage easements, etc.) as
an exhibit, if available]
EASEMENT PURPOSE:
For providing free and uninterrupted pedestrian and vehicular ingress and egress between
the Dominant Estate Property, and portions thereof, and State Highway 30.
CONSIDERATION:
Compliance with City of College Station ordinance requiring joint access 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 servient tenement:
(1) Reserved Rights For Grantor, the right to continue to use and enjoythe surface of the
Easement Property for all purposes directly related to the servient tenement which do not
prevent the use or enjoyment of the easement.
(2) Nonexclusive Rights For Grantor, 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.
(3) Terms of Use For Grantor, the right to prohibit any use of the Easement Property for
the Easement Purpose until Grantee and Grantor enter into an agreement addressing,
among other things, (i) intensity of use of the Easement Property, (ii) construction of and
payment for facilities on the Easement Property, (iii) maintenance and repair of facilities on
the Easement Property, (iv) insurance, (v) indemnities, and (vi) allocation of responsibility
between Grantor and Grantee for use of the Easement Property. Grantor and Grantee
shall negotiate in good faith to equitably allocate among the Grantee and Grantor the
burden of this easement.
B. Exceptions
Easements, rights -of -way and prescriptive rights, whether of record or not; all presently recorded
and valid instruments, other than encumbrances and conveyances, that affect the Easement
Property and any conditions that would be revealed by a physical inspection and survey.
GRANT OF EASEMENT:
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 heirs, successors, or
assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever
defend all and singular the easement to Grantee and Grantee's heirs, 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, by, through or under
Grantor, but not otherwise.
A. EASEMENT TERMS AND CONDITIONS:
1. 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.
2. Terms and Condition of Easement Subject to the Reservations From and Exceptions to
Conveyance and Warranty, the characteristics of the easement are as follows:
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. Additional Riahts Intended to Accompany Easement Grantee has the right to:
(1) eliminate any encroachments into the Easement Property;
(2) construct a road in the configuration and the manner determined by agreement
between Grantee and Grantor; and
(3) remove or relocate any fences within the Easement Property.
e. Limitation of Warranties Except for the special warranty of title, there are no implied
warranties of merchantability, of fitness for a particular purpose, or of any other kind arising out of
this Easement.
f. Limitation on Assignment & Exercise Any assignments or exercise of this easement by
Grantee or of the Grantor's rights in this Easement are prohibited except to the extent the
easement remains appurtenant to the Dominant Estate and the Grantor's rights in this Easement
are based upon ownership of the servient tenement relating to the easement.
B. REMEDIES:
1. Equitable Rights of Enforcement Subject to the Reservations From and Exceptions to
Conveyance and Warranty, 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.
2. Alternative Dispute Resolution Grantor and Grantee shall submit in good faith to
mediation before filing a suit for damages.
C. MISCELLANEOUS:
1. Binding Effect This Easement is binding upon and will inure to the benefit of the Grantor
and Grantee hereto and their respective heirs, successors and assigns where not prohibited by this
Easement; thus, the term "Grantor" and "Grantee" includes the successors, heirs and assigns of
each party.
2. Choice of Law This Easement 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 Easement 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 Brazos County.
3. Effect of Waiver or Consent No waiver or consent, express or implied, by Grantor or
Grantee of any breach or default by the other 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.
4. Integration This easement contains the complete grant between the Grantor and
Grantee and cannot be varied except by the written agreement of Grantor and Grantee. There are
no oral agreements, understandings, representations or warranties which are not expressly set
forth herein.
5. Legal Construction If one or more of the provisions of this easement are invalid, illegal
or unenforceable in any respect, to the extent the invalidity or unenforceability does not destroy the
intent, it will not affect any other provision and this easement 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 easement is not to be construed more or less favorably between the Grantor
and Grantee by reason of authorship or origin of language.
6. 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, 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.
[SIGNATURE LINES AND ACKNOWLEDGMENTS FOR GRANTOR]
[SIGNATURE LINES AND ACKNOWLEDGMENTS FOR ACCEPTANCE BY GRANTEE]