Deeds - 8/22/2013 - Shared Access Easement Agreement - Fire Station 2 - CS 4043 COPY Cr$FZ 1.089 1-42
Shared Access Easement Agreement CITY SECRETARY FILE
I D. # 404-3
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date of this Instrument: A u A uS I[ 3
Grantor: City of Huntsville,a home-rule municipal corporation of the state of Texas.
Grantor's Address: 1212 Avenue M,Huntsville,Walker County,Texas 77340
Grantee: Maalouf Properties,LLC,as owner of the Benefited Property.
Grantee's Address: 2100 Sam Houston Ave
Suite B
Huntsville,Texas 77340
Benefited Property:
A LOT 1 —2.500 AC.,according to a subdivision plat of HUNTSVILLE FIRE STATION TWO,prepared
concurrently herewith,recorded in Volume ,page j5a,Plat Records of Walker County,Texas.
Shared Access Easement: (S.A.E.):
A 47.00 (forty-seven) foot-wide strip of land, labeled "SHARED ACCESS EASEMENT" on said Plat of
HUNTSVILLE FIRE STATION TWO, containing approximately 6,744 square feet of land, more or less;
situated in the JOHN W.ADAMS SURVEY,Abstract No.62,Walker County,Texas.
Easement Purpose:
1. The Grantor and Grantee have entered into this instrument to memorialize into the Official Public
Records of Walker County the existence of a"SHARED ACCESS EASEMENT'(S.A.E.)appurtenant
to and for the benefit of the Benefited Property as the result of the conveyance of the Benefited
Property out of the Parent Tract of land described in a Deed to the City of Huntsville, Texas recorded
in Volume 87,page 96,Deed Records of Walker County,Texas.
At the time of the conveyance of the Benefited Property,the S.A.E. described herein was in existence
and used as a means of access to and from the Benefited Property. Therefore the parties to this
instrument wish to, and hereby, document and ratify the existence of the easement across the S.A.E.
for the benefit of the Benefited Property for the purposes and subject to the other provisions set out
herein.
2. The S.A.E. is for the benefit of the Grantee as owner of the Benefited Property, and Grantee's
successors,tenants,and assigns who at any time own or lease all or any part of the Benefited Property
and for the benefit of the Grantor as owner of the remainder of said Parent Tract, labeled
"UNRESTRICTED RESERVE "A"" on said Plat of HUNTSVILLE FIRE STATION TWO and
Grantor's successors,tenants and assigns.The Grantor reserves the right to use all or part of the S.A.E.
as needed by the Grantor in the operation of the fire station;and in conjunction with Grantee for the
easement purposes stated herein and as long as such further uses and/or conveyances are subject to the
terms of this agreement.
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3. The purpose of the S.A.E. is for providing pedestrian and car and light truck vehicular ingress and
egress to and from the Benefited Property,and portions thereof,to and from Sam Houston Avenue,for
the Benefited Property's use as allowed by the Development Code of the City of Huntsville and for the
same use by the Grantor for access to the Parent Tract to and from Sam Houston Avenue. The
easement does not include the right to lay water, wastewater,electrical,cable,or any other surface or
sub-surface utility lines by the Grantee.
Consideration:
Good and valuable consideration,the receipt and sufficiency of which Grantor acknowledges.
GRANT of Easement:
Grantor, for the Consideration and subject to the Reservations from and Exceptions to Conveyance and
Warranty,ratifies the grant and conveyance to Grantee of a non-exclusive easement over, upon and across
the S.A.E. for the Easement Purpose and for the benefit of the Benefited Property,and portions thereof;to
have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever,
subject to the terms hereof.
Warranty:
Grantor binds Grantor and Grantor's heirs,executors,administrators,and successors to warrant and forever
defend all and singular the property interests herein conveyed to Grantee and Grantee's heirs, executors,
administrators, 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.
Exceptions to Conveyance and Warranty:
1. This instrument represents easement interests in the surface estate only of the S.A.E. Grantor hereby
reserves to Grantor, and Grantor's heirs, legal representatives, administrators, executors, successors
and assigns, all mineral interests, whether metallic or nonmetallic, whether similar or dissimilar,
whether known or unknown, currently owned by Grantor in, on, and under and that may be produced
and saved from the S.A.E.or acreage pooled or unitized therewith,and the full and exclusive executive
rights to execute leases in connection therewith.
2. The S.A.E. is subject to any and all existing easements, covenants, rights-of-way, conditions,
restrictions, outstanding mineral interests and royalty interests, if any, relating to the S.A.E., to the
extent,and only to the extent,that the same may still be in force and effect,and either shown of record
in the office of the County Clerk of Walker County,or that may be apparent on the Property.
3. Grantor,as owner of said"UNRESTRICTED RESERVE"A"",and for the benefit of previous and any
subsequent grantees of Grantor,reserves the right to use all or part of the S.A.E. in conjunction with
Grantee for the easement purposes stated herein and as long as such further uses and/or conveyances
are subject to the terms of this agreement.
4. Grantor,as owner of said"UNRESTRICTED RESERVE"A"",and for the benefit of previous and any
subsequent grantees of Grantor, reserves 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), landscaping, in, over,under
and across the S.A.E.,and to grant public and/or private easements for such purposes, and to raise or
lower the level of the surface of the S.A.E.;PROVIDED that:(a)such use the S.A.E.not unreasonably
interfere with or prevent the use of the S.A.E. by Grantee for the purposes for which the S.A.E. is
granted; (b) no permanent structures or improvements (other than the Facilities) shall be installed,
placed or constructed on the surface of the S.A.E., nor shall any changes or modifications of the
Facilities be made without first obtaining the prior consent of Grantee.
5. Grantee covenants and agrees not to lease, rent, occupy, or allow to be occupied, any part of the
Benefited Property to be used or operated for any of the following (a)for any unlawful purpose or in
any way which would constitute a legal nuisance to an adjoining Owner or occupant,(b)car wash;(c)
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any use which emits a strong, unusual, offensive or obnoxious odor, fumes, dust or vapors; and
(d)or any sound which can be heard outside of any buildings on the said "UNRESTRICTED
RESERVE"A""except that any usual paging system be allowed.
TERMS and Conditions:
The following terms and condition apply to this S.A.E.:
1. Character of Easement.The S.A.E. rights of use granted herein are nonexclusive as to the Grantee. The
easements, restrictions and agreements provided for herein shall inure to the benefit of and be binding upon the
respective successors,assigns,heirs and tenants of the each party hereto.
2.Duration. The duration of the S.A.E. is perpetual,subject to the termination provisions in the Terms and
Conditions hereof.
3. Reservation of Rights. Grantor may erect curbs or other barriers to traffic between such Grantor's
Property and adjacent portions of the S.A.E., 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 the easement purposes stated
herein.
4. Indemnity and Maintenance of S.A.E. Property. Grantee shall indemnify Grantor, in accordance with
law,against any loss and damage which shall be caused by the exercise of the rights granted under this agreement or
by any wrongful or negligent act or omission of Grantee's agents, employees or contractors in the course of their
employment. Nothing contained herein shall ever be construed to place upon Grantor any manner of liability for
injury to or death of persons or for damage to or loss of property arising from or in any manner connected with the
acts,conduct or negligence of Grantee,or its contractors,in the design,construction,or maintenance of the S.A.E.
Grantor will be solely responsible for the maintaining the S.A.E. access ways, driveways, and parking lots located
on that Grantor's Property,however if any damages to the S.A.E is caused by the Grantee's negligence,or Grantee's
tenants, employees or invitees then Grantor will have the right to receive reimbursement from the Grantee. If the
Grantee wishes to make improvements to the S.A.E., such improvement shall be done at the sole expense of the
Grantee upon obtaining consent from the Grantor.
5. Conditional Termination. Upon the granting by the Texas Department of Transportation or appropriate
Texas State Agency for the construction of and the construction of a separate access entryway to the Benefited
Property from Sam Houston Avenue so as to permit reasonable access to the Benefited Property from Sam Houston
Avenue,this easement shall terminate;alternatively,if all or any portion of the S.A.E.ceases to be used for a period
of three consecutive years by Grantee,this easement shall automatically cease and revert to, and re-vest in,Grantor
or Grantor's successors or assigns, or the future owners of said"UNRESTRICTED RESERVE"A"", as fully and
completely as if this document had not been executed and such portion shall thereafter be released of any easement,
rights and privileges hereby granted. In the event of termination,the filing in the Real Property Records of Walker
County,Texas,of a Notice of Termination executed by owner(s)of said"UNRESTRICTED RESERVE "A""shall
constitute conclusive evidence of the termination of the Easement granted herein. Thereafter, such portion of the
S.A.E. shall be released of and from, and title to such portion of the S.A.E. shall revert to and re-vest in Grantor or
Grantor's its successors or assigns,or the then owner(s)of said"UNRESTRICTED RESERVE"A"",or portions of,
which the S.A.E. is located.
6. Equitable Rights of Enforcement. If there is any breach or threatened breach of this Easement by any
party or their successors or assigns, and the default or threat continues after the claiming party gives the defaulting
party notice of the claim of default and a reasonable opportunity to cure the default(if the default is capable of being
cured),then the claiming party may enforce the terms of this Easement by restraining order and by temporary and
permanent injunction,prohibiting such breach and commanding the offending party to comply with all of the terms
of the Easement. Restraining orders and injunctions will be obtainable upon proof of the existence of any breach or
threatened breach,and without the necessity of proof of inadequacy of legal remedies or irreparable harm,and shall
be obtainable only by the parties hereto or those Benefited hereby;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.
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7. Attorney Fees. Any party who is the prevailing party in any legal proceeding against any other party
brought under or in connection with this Agreement or the subject matter hereof, is additionally entitled to recover
reasonable attorney's fees,expert fees,and all other litigation expenses.
8. Effect of Waiver or Consent. No waiver or consent, express or implied, by any party to this Easement
agreement of any breach by any party in the performance by such party of its obligations hereunder shall be deemed
or construed to be a consent to or waiver of any other breach 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, shall not constitute a waiver by such
party of its rights hereunder until the applicable statute of limitation period has run.
9. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs,
successors,and permitted assigns.
10. 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.
11. 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 contemplated by this agreement.
12. Choice of Laws. This agreement will be construed under the laws of the state of Texas, without regard
to choice-of-law rules of any jurisdiction.Venue is Walker County,Texas.
13.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.
14. Recitals. Any recitals in this agreement are represented by the parties to be accurate, and constitute a
part of the substantive agreement.
15.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 personal delivery or courier delivery
and will be effective when actually received. Any address for notice may be changed by written notice delivered as
provided herein.
16. 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, or
warranties that are not expressly set forth in this agreement.
17. Time. Time is of the essence.Unless otherwise specified, all references to"days"mean calendar days.
Business days exclude Saturdays, Sundays, and legal public holidays. If the date for performance of any obligation
falls on a Saturday, Sunday, or legal public holiday, the date for performance will be the next following regular
business day.
18.Amendment. This Easement agreement may be amended, modified or terminated, in whole or in part,
only by the written agreement of the owners of all parts of the S.A.E.and all parts of the Benefited Property.
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GRANTOR
THE CITY OFHUNTSVILLE,TEXAS
By:
L- Matt �ty noit, Manager
Attest: i 9(�'l� WN SCC4/t
Lee Woodward,City Secret dry
J J
THE STATE OF TEXAS §
COUNTY OF WALKER §
nThis instrument was acknowledged before me on the "hay of � ,2013 by Matt Benoit,
City Manager of the City of Huntsville,Texas.
i4"0"P MARY JOYNER
SEAL: "®' WE O�� NOTARY PUBLIC,
STATE��� STATE OF TEXAS
p� My Comm.E p.08117014
GRANTEE
MAALOUFPROP LLC
By:
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF WALKER §
BEFORE ME, the undersigned authorit , a Notary Public in and for the State of Texas, on this day
personally appeared To.(e K 'IRAQ �o� , known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that same was the act of said Maalouf Properties,
LLC, a limited liability company corporation, and that_he has the authority to and executed same for the purposes
and consideration therein expressed and in the capacity therein stated.
w MARY JOYNER
SEAL: *'®* Notary We NOTARY PUBLIC,STATE OF TEXAS
STATE OF TEXAS
My Comm.EV.08/17/2014
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,
Fi-1 ed For Recur m:
Walker 'County
Un: Aug 22/2013 at 0Y:144
*so
Kecnrd/nss
Document Number� 00006644
Amount, 36.00
Kece/nt Number - 76209
By
Harold Wilmnre
STATE OF TEXAS COUNTY OF WALKER
I hereby certify that this instrument was
filed un the date and time stomved hereon by me
nnd.wos, dulyreco,de6 in the volume and Pose
of the named records of'
Walker Count"
as stomned hereon hy me.
� Aus 22`2013
Kmri A, French/ Walker Coun�x Clerk
Walker County