HomeMy WebLinkAboutDeclaration of Private Easement UN/UN/Ua 1J:a0 raA are (10 caou La TL*a'.., "ALL.
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DECLARATION OF PRIVATE EASEMENT
DRIVEWAY AND PARKING AREA
This declaration is made this O day of SetAt44,+r , 2005 by BAKER &
CARNES INVESTMENTS, L.L.C., a Texas limited liability company(Declarant).
FACTS
1. Declarant is the owner in fee simple of certain real estate situated in the City of
College Station, Brazos County,Texas more particularly described as follows:
Lot Three A (3A),Three B (3B), and Three C (3C),Block 'A', Ashford Square,
an addition to the City of College Station, Brazos County,Texas, according to
plat thereof recorded in Volume 590, Page 260, Deed Records,Brazos County,
Texas, and Replat of Lot 3, Blodc A, recorded in Volume 4354, Page 163,
Official Records, Brazos County, Texas,
together with all buildings and improvements located thereon, and all rights,
• privileges,easements and appurtenances belonging to or in any way pertaining
to the real estate(the Real Estate). •
2. Declarant desires to create an easement for ingress and egress and driveway and
parking areas for the mutual and continuing benefit of the Real Estate and the
owners thereof.
DECLARATION
Now,therefore, Declarant,as the owner of the Real Estate, hereby declares as follows:
a. An easement is hereby declared and on, over and across the following
described properties(the Easement Tracts)for the purpose of ingress and egress
in favor of and for the benefit of the owners of any portion of the real property
(the Owners) and their guests, invitees, licensees, employees, heirs, legal
representatives,successors and assigns,as an easement appurtenant to the Real
Estate or any portion thereof. The easement declared is for ingress and egress
to and from the Real Estate and public streets or rights of way. The easement
is also declared for the purpose of providing parking areas and driveways for the
use and benefit of the owners. The Easement Tracts are described as follows:
The existing driveways and parking spaces within the paved parking areas on
the Real Estate.
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08/08/U5 la:5i tAd. b/M 110 A404 L.Anion. 11a._.-" �---
;- w 6�,1ts'j8 DR 69181 1949
b. This easement shall continue in perpetuity,as an easement appurtenant to the
Real Estate and any portion thereof,and shall be an easement running with the
. land.
c. Each lot within the Real Estate shall be obligated to pay one-third of the cost of
maintenance, repair, rehabilitation,construction,or improvements within the
easement, if, as and when such costs are incurred. AH decisions regarding
maintenance, repair, rehabilitation, construction, or improvements of the
easement and any rules and regulations regarding the use of the easement shall
be determined by the owners of each of the lots, by majority vote. Each lot
shall entitle its owner or owners to one vote. If any owner determines that work
is necessary for the repair, maintenance, rehabilitation, construction, or
improvement of the easement,or determines that certain rules and regulations
should be adopted regarding the easement,such owner shall submit a detailed
proposal for such work,rules or regulations to all other owners,by notice given
in writing, and sent by certified mail, return receipt requested. Each of the
other owners shall respond to the proposal within thirty(30)days after the date
such notice is deposited in the U.S. Mail. If an owner does not respond with
a negative or affirmative vote on the proposal within the three(3) day period,
such owner shall be deemed to have voted affirmatively on the proposal. If two
(2) votes are cast in favor of the proposal,then the work shall proceed or the
rules and regulations shall be adopted, and each owner shall be liable fbr that
owners share of the total cost of such work,rules or regulations. In the event
other owners are required to sue a defaulting owner for nonpayment of charges
properly adopted according to this paragraph,the defaulting owner shall also
be liable tri the other owners for their attorneys fees and costs of court incurred
in the collection of such costs.
d. Whenever appropriate, singular may be read as plural, plural may be read as
singular, and the masculine gender may be read as the feminine or neuter
gender.
e. This dedaration shall be construed and controlled by and under the laws of the
State of Texas.
f. This dedaration shall be binding upon the owners of any of all or any portion
of the property,and their heirs, legal representatives, successors or assigns, and
• shall inure to their benefit.
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ULt/Utt/U0 AJ:3/ VM alb 110 L40J a tws.Q ., lllla:
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OR 69191 19ir�
Signed to be effective on the date stated above.
BAKER & RNES INVESTMENTS, L.L.C.
By:
Pat Baker, Member
By:
Todd Carnes, Member
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on the Ci day of
m /j , 2005, by Pat Baker, Member of BAKER & CARNES
iN✓I S�`MENTS, L.L.C., a Texas limited liability company, on behalf of said company and in
the capacity herein stated.
-i4. NOTARY C, State of Texas
' -�,, MARY STEVENS Notaq's name grin
Notary Public.Slated Texas �N4�
do/ My Commiesio"Expires - 1
x. AUGUST 5.2006
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ASO OR 69111 196
STATE OF TEXAS
COUNTY OF BRAZOS ••
This instrument was acknowledged before me on the Lo day of
, 2005, by Todd Carnes, Member of BAKER & CARNES
INVESTMENTS, L.L.G., a Texas limited liability company,on behalf of said company and in
the capacity herein stated.
' .. MARY STEVENS NOTARY PU C,State of Texas
Notary Pubic.State of Texas Notary's name pinted:
i\ : AAtr Commission Expires 1 friA41 f N .J
AUOU57 S.2006 1
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