Sandy L Add L2BA-ES 901211When recorded, return to:
Holmes Millard & Duncan
1201 Elm Street, Suite 2200
Dallas, Texas 75270
Attention: Brad Begin
RECIPROCAL EASEMENTS AGREEMENT
(CROSS - ACCESS)
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Location No. 6A
MBB/594.11
iti
KNOW ALL MEN BY THESE PRESENTS THAT
WHEREAS, JEMtex DEVELOPMENT NO. GA, INC. ( "Purchaser ") , a
Texas corporation, is the owner of that certain real property
described in Exhibit A attached hereto (hereinafter referred to as
"Parcel I "); and
WHEREAS, SANDY LAKE CORNERS JOINT VENTURE ( "Seller ") is owner
of that certain real' property described in Exhibit B attached
hereto (hereinafter referred to as "Parcel II");
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. Grant of Easement by Purchaser In consideration of the
reciprocal easement herein granted by Seller, Purchaser has
granted, sold and conveyed, and by these presents does hereby
grant, sell and convey unto Seller, a non - exclusive, perpetual, but
limited, easement upon and across Parcel I for the sole purposes of
providing a common entrance, and pedestrian and vehicular ingress
and egress to Parcels I and II.
2. Grant of 'Easement by Seller In consideration of the
reciprocal easement herein granted by Purchaser and subject to the
terms of Section 5 of this Agreement, Seller has granted, sold and
conveyed, and by these presents does hereby grant, sell and convey
unto Purchaser non - exclusive, perpetual, but limited, easement upon
and across that portion of Parcel II more particularly described on
Exhibit C attached hereto (the "Samuel Access Easement ") and that
portion of Parcel II more particularly described on Exhibit D
attached hereto (the "Sandy Lake Access Easement ") (the Samuel
Access Easement and the Sandy Lake Access Easement are herein
sometimes collectively referred to as the "Cross Access
Easements "), for the sole purposes of providing common entrances,
and pedestrian and vehicular ingress and egress to Parcels I and
II.
90240 0496
3. Easement Roadway Improvements
(a) Without limiting the generality of the easement granted
by Seller to Purchaser in Section 2 of this Reciprocal Easements
Agreement, Seller hereby further agrees that Purchaser may
construct up to a thirty foot (30 roadway, at its sole cost and
expense, upon either or both the Sandy Lake Access Easement (the
"Sandy Lake Access Improvements ") and that portion of the Samuel
Access Easement more particularly described on Exhibit E attached
hereto (the "Initial Samuel Access Improvements ") (the Sandy Lake
Access Improvements and the Initial Samuel Access Easement are
sometimes herein collectively referred to as the "Easement Roadway
Improvements "), which Easement Roadway Improvements may be
constructed of concrete, asphalt, or any other substance of similar
and permanent nature acceptable to the City of Coppell.
(b) Seller, at Seller's sole cost and expense, may relocate
the Initial Samuel Access Improvements, as initially constructed or
as previously relocated, to any other area within the Samuel Access
Easement (as such area may be reduced from time to time pursuant to
Seller's unilateral partial release of portions of same pursuant to
the terms of Section 5 hereof) upon the following terms and
conditions:
(i) The configuration of any such relocation of the
Initial Samuel Access Improvement shall be reasonably similar
to the Initial Samuel Access Easement and shall be located so
as to provide access over the existing curb cut of Samuel
Boulevard;
(ii) Seller shall build the relocated access roadway (the
"Relocated Access Roadway ") using the same materials as
Purchaser used to construct the Initial Samuel Access
Improvements on the Samuel Access Easement (or such other
materials as may be reasonably acceptable to Purchaser) and
such Relocated Access Roadway shall be of the same or better
quality, when completed, as the Initial Samuel Access
Improvements constructed by the Purchaser on the Samuel Access
Easement; and
(iii) Seller shall use good faith reasonable efforts to
ensure that such Relocated Access Roadway shall be
substantially constructed and available for use for vehicular
and pedestrian egress and ingress prior to the abandonment or
restriction of use of the Easement Roadway Improvements
-2-
90240 0497
constructed by Purchaser on the Samuel Access Easement;
provided, however, in no event shall Seller be permitted to
completely restrict access between Parcel I and Samuel
Boulevard over and across a roadway on the Samuel Access
Easement for more than one twenty -four (24) consecutive hour
period in any six (6) month period.
4. Temporary Construction Easements Without limiting the
generality of the easements granted to Purchaser in this Agreement,
Seller has granted, sold and conveyed and by these presents does
hereby grant, sell and convey unto Purchaser temporary construction
easements (collectively, the "Temporary Construction Easements ")
for use in constructing the Easement Roadway Improvements to be
constructed over the Cross Access Easements. The Temporary
Construction Easements granted to Purchaser by Seller hereunder for
purposes of constructing the Easement Roadway Improvements over the
Cross Access Easements shall cover that portion of Parcel II over
which the Easement Roadway Improvements are to be constructed and
an area twenty -five feet (25 on both sides of the area upon which
the Easement Roadway Improvements are to be constructed (the
"Temporary Construction Easements Area "). The Temporary
Construction Easements Area may be used for any purpose that
Purchaser may reasonably require in connection with the
construction of the Easement Roadway Improvements on the Cross
Access Easements. Purchaser shall remove any debris that may be
located on Parcel II in connection with the construction of the
Easement Roadway Improvements on the Cross Access Easements, and
following the completion of the construction of the Easement
Roadway Improvements, Purchaser shall restore the Temporary
Construction Easements Area to the same or substantially similar
condition of such property (except for the roadways constructed
thereon) as existed prior to the construction of the Easement
Roadway Improvements. The Temporary Construction Easements shall
terminate automatically and be of no further force and effect on
the first to occur of (i) the two -year anniversary date of the date
of this Agreement, or (ii) the date upon which all improvements to
be constructed on Parcel I have been completed.
5. Partial Release of Easement Seller shall have the right
at any time to release portions of the Samuel Access Easement by
unilateral release recorded by Seller as long as at least a thirty
foot (30 access easement area and access roadway improvements
(after the original construction thereof has been completed by
Purchaser) are maintained within the Samuel Access Easement. Upon
request by Seller, Purchaser agrees to execute and deliver to
-3-
90240 0498
Seller a Release Agreement, prepared by Seller at Seller's sole
cost and expense and in a form reasonably acceptable to both Seller
and Purchaser, evidencing the release of all portions of the Samuel
Access Easement unilaterally released by Seller pursuant to the
terms of this Section 5.
6. Additional Access Easement At such time as Seller or
the successors or assigns of Seller have initiated the construction
of improvements on the portion of Parcel II immediately adjoining
the easternmost boundary of the improvements to be constructed on
Parcel I and, as a result thereof, effectively restrict or prohibit
the use by Purchaser of the Easement Roadway Improvements located
on that portion of the Samuel Access Easement more particularly
described on Exhibit --F attached hereto (the "Release Access
Easement ") , Seller shall grant, sell and convey and by these
presents shall at such time be deemed to have automatically
granted, sold and conveyed unto Purchaser an additional access
easement over that portion of Parcel II set forth on Exhibit G
attached hereto and incorporated herein by this reference (the
"Additional Access Easement "), over which Additional Access
Easement Purchaser shall be permitted to construct a roadway, if
necessary, to enable Purchaser to use such Additional Access Area
for purposes of providing vehicular and pedestrian ingress and
egress between Parcel I and Samuel Boulevard. At such time as the
Additional Access Easement has been granted by Seller to Purchaser,
Purchaser shall (a) execute and deliver to Seller a release of the
Release Access Easement, and (b) use its good faith best efforts to
use the Additional Access Easement as the primary truck route in
connection with the operation of its business on Parcel I. Seller
shall have the right to modify the alignment of the Additional
Access Easement, subject to the approval of the locations, size and
configuration of any modified alignment by Purchaser, which
approval shall not be unreasonably withheld or delayed.
7. Easements Perpetual The reciprocal easements and
rights -of -way herein granted are appurtenant to and run with the
title to the land and shall be perpetual and the parties hereby
bind themselves, their successors and assigns to warrant and
forever defend the above - described reciprocal easements and
rights -of -way unto each other, their successors and assigns, and
against every person whomsoever lawfully claiming or to claim the
same or any part thereof, by, through or under Seller, but not
otherwise.
-4-
90240 0499
(b) Purchaser and Seller covenant and agree that the
servitudes, easements, rights, rights -of -way, privileges,
agreements, covenants and restrictions and all other terms
hereof shall be binding upon their respective successors and
assigns and all other persons or entities having or hereafter
acquiring any right, title or interest in Parcel I or
Parcel II, and all other persons and entities claiming by,
through or under said owners and their respective successors
and assigns.
TO HAVE AND TO HOLD said easements together with, all and
singular, all rights, privileges and hereditaments thereto in
anywise belonging, unto Purchaser and Seller and their respective
successors and assigns forever.
IN WITNESS WHEREOF, the parties have executed this agreement
as of the 7th day of December, 1990.
PURCHASER
JEMtes DEVELOPMENT NO. GA, INC.,
a Texas corporation
By .
James E. Martin,
President
SELLER
SANDY LAKE CORNERS JOINT VENTURE
By: ALLEN PROPERTY CORPORATION,
a Texas corporation,
Manager
1 n
By:
Michae R. Allen,
Presid nt
-a-
90240 0503
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned, a Notary Public, on this day
personally appeared JAMES E. MARTIN, President of JEMtex
DEVELOPMENT NO. GA, INC., a Texas corporation, known to me to be
the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND
December, 1990.
SEAL OF OFFICE this zz day of
NOTARY PUBLIC in and for
THE STATE OF TEXAS
Commission Expires:
STATE OF TEXAS § KATHERINE LYNNE MORRIS
• • Ny C�MNt630i EXF:RE3
§ �'' % Septambei 26. 1994
COUNTY OF DALLAS §
BEFORE ME, the undersigned, a Notary Public, on this day
personally appeared MICHAEL R. ALLEN, President of ALLEN PROPERTY
CORPORATION, a Texas corporation, Manager of SANDY LAKE CORNERS
JOINT VENTURE, known to me to be the person and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND
December, 1990.
My Commission Expires:
KATHERM LYNNE MORRIS
' 11 w EVWO
�„;a±; •' September 26, 1994
SEAL OF OFFICE this day of
NOTARY PUBLIC in and for
THE STATE OF TEXAS
-9-
90240 0504
Exhibit A
BEING a tract of land situated in the S. M. Hiatt Survey,
Abstract No. 638 in the City of Coppell, Dallas County, Texas and
also being part of a tract of land conveyed to M. Douglas Adkins,
Trustee, as described in Volume 76118, Page 2355 of the Deed
Records of Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a point for corner on the north line of Sandy
Lake Road (a 60 foot right -of -way), said point being S. 88
W., 488.71 feet from the intersection of the said north line of
Sandy Lake Road with the west line of Samuel Boulevard (a variable
width right -of -way);
THENCE S. 88 W., 259.02 feet continuing along the said
north line of Sandy Lake Road to a point for corner;
THENCE N. 0'54 W., 636.40 feet leaving the said north line
of Sandy Lake Road to a point for corner;
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
and contain.
N.
S.
S .
S.
N.
S.
ing
88 E., 283.40 feet t
1'24 E., 220.00 feet to
89'05 W., 52.27 feet to
0'54 E., 155.81 feet to
89'05 E., 26.00 feet to
0'54 1 46" E., 260.00 feet to
3.816 acres (166,236 square
o a point for corner;
• point for corner;
• point for corner;
• point for corner;
• point for corner;
the Point of Beginning
feet) of land.
594.11
90240 0505
EXHIBIT B
Reciprocal saS*ments Agreement
(Cross Access)
Parcel II Description
BEING a tract of land situated in the S. M. Hiatt Survey,
Abstract No. 638 in the City of Coppell, Dallas County, Texas and
also being part of a tract of land conveyed to Sandy Lake Corners
Joint Venture, as described in Volume 90132, Page 0527 of the Deed
records of Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a point of intersection of the north line of Sandy
Lake Road (a variable width right -of -way) with the west line of
Samuel Boulevard (a variable width right -of -way);
THENCE S.88 "W., 488.71 feet along the said north line of
Sandy Lake Road to a point for corner;
THENCE N.00 "W., 260.00 feet to a point for corner;
THENCE S.89 "W., 26.00 feet to a point for corner;
THENCE N.00 "W., 155.81 feet to a point for corner;
THENCE N. 89 52.57 feet to a point for corner;
THENCE N.01 "W., 30.00 feet to a point for .corner;
THENCE N.88 "E., 458.00 feet to a point for corner;
THENCE S.01 "E., 443.93 feet along the said west line of
Samuel Boulevard to the Point of Beginning, and containing 5.042
acres of land.
cross /parcel II
90240 0506
URIBIT C
Reciprocal sasements Agreement
(Cross Access)
Samuel Access sasement
BEING a tract of land situated in the S. M. Hiatt Survey,
Abstract No. 638 in the City of Coppell, Dallas County, Texas and
also being part of a tract of land conveyed to Sandy Lake Corners
Joint Venture, as described in Volume 90132, Page 0527 of the Deed
records of Dallas County, Texas and being more particularly
described as follows:
COMMENCING at a point of intersection of the north line of
Sandy Lake Road (a variable width right -of -way) with the west line
of Samuel Boulevard (a variable width right -of -way); thence
N.01 "W., 225.00 feet along the said west line of Samuel
Boulevard to the Point of Beginning;
THENCE S.88 "W., 486.77 feet to a point for corner;
THENCE N.00 "W., 64.98 feet to a point for corner;
THENCE S.89 "W., 26.00 feet to a point for corner;
THENCE N.00 "W., 155.81 feet to a point for corner;
THENCE N.89 "E., 30.00 feet to a point for corner;
THENCE S.00 "E., 141.36 feet to a point for corner;
THENCE N.89 "E., 160.00 feet to a point for corner;
THENCE N.00 "W., 72.73 feet to a point for corner;
THENCE N.88 "E., 321.26 feet to a point for corner;
THENCE S.01 "E., 148.93 feet along the said west line of
Samuel Boulevard to the Point of Beginning, and containing 1.506
acres of land.
cross /samuel access
90240 0507
EXSIBIT D
Reciprocal sasements Agreement
(Cross Access)
Sandy Lake Access Easement
BEING a tract of land situated in the S. M. Hiatt Survey,
Abstract No. 638 in the City of Coppell, Dallas County, Texas and
also being part of a tract of land conveyed to Sandy Lake Corners
Joint Venture, as described in Volume 90132, Page 0527 of the Deed
records of Dallas County, Texas and being more particularly
described as follows:
COMMENCING at a point of intersection of the north line of
Sandy Lake Road (a variable width right -of -way) with the west line
of Samuel Boulevard (a variable width right -of -way); thence
S.88019 "W., 265.18 feet along the said north line of Sandy Lake
Road to the Point of Beginning;
THENCE S.88 "W., 30.00 feet to a point for corner;
THENCE N.01040 "W., 55.00 feet to a point for corner;
THENCE S.88 "W., 192.81 feet to a point for corner;
THENCE N.00054 "W., 30.00 feet to a point for corner;
THENCE N.88019 "E., 222.41 feet to a point for corner;
THENCE S.01040 "E., 85.00 to the Point of Beginning, and
containing .191 acres of land.
cross /sandy lake access
90240 0508
ZXHISIT Z
Reciprocal Zasements Agreement
(Cross Access)
Initial Samuel Access Improvements
BEING a tract of land situated in the S. M. Hiatt Survey,
Abstract No. 638 in the City of Coppell, Dallas County, Texas and
also being part of a tract of land conveyed to Sandy Lake Corners
Joint Venture, as described in Volume 90132, Page 0527 of the Deed
records of Dallas County, Texas and being more particularly
described as follows:
COMMENCING at a point of intersection of the north line of
Sandy Lake Road (a variable width right -of -way) with the west line
of Samuel Boulevard (a variable width right -of -way); thence
N.01 "W., 210.00 feet along the said west line of Samuel
Boulevard to the Point of Beginning;
THENCE S.88 0 19 1 50 "W., 265.86 feet to a point for corner and
being the beginning of a curve to the right having a central angle
of 38 ", a radius of 90.00 feet, and a chord bearing of
N.72 "W.;
THENCE along said curve 60.60 feet to the end of said curve and
being the beginning of a curve to the left having central angle of
37 a radius of 60.00 feet and a chord bearing of
N.72 "W.;
THENCE along.said curve 39.61 feet to the end of said curve;
THENCE 5.89 "W., 127.52 feet to a point for corner and
being the beginning of a curve to the right having a central angle
of 0 ", a radius of 60.00 feet, and a chord bearing of
S.89 "W.;
THENCE along said curve 0.04 feet to the end of said curve;
THENCE N.00 0 W., 15.56 feet to a point for corner;
THENCE S.89 "W., 26.00 feet to a point for corner;
THENCE N.00 0 W., 22.73 feet to a point of corner, being in
a curve to the right running in a southeasterly direction and
having a central angle of 12020 ", a radius of 60.00 feet, and a
chord bearing of S.69 0 07 1 50 "E.;
THENCE along said curve 12.93 feet to the end of said curve and
being the beginning of a curve to the left having a central angle
of 27057 a radius of 30.00 feet, and a chord bearing of
S.76 "E.;
THENCE along said curve 14.64 feet to the end of said curve;
THENCE N.89 "E., 127.52 feet to a point for corner, and
being the beginning of a curve to the right having a central angle
of 37 a radius of 90.00 feet, and a chord bearing of
90240 0509
S.72 "E.;
THENCE along said curve 59.42 feet to the end of said curve and
being the beginning of a curve to the left having a central angle
of 38 a radius of 60.00 feet, and a chord bearing of
S.72022 0 E.;
THENCE along said curve 40.40 feet to the end of said curve;
THENCE N.88 0 19 1 50 "E., 265.96 feet to a point for corner;
THENCE S.01029 "E., 30.00 feet along the said west line of
Samuel Boulevard to the Point of Beginning, and containing 0.351
acres of land.
cross /samuel improvement
- 2 -
90240 0510
ZXXIBIT l
Reciprocal Zasements Agreement
(Cross Access)
Release Access casement
BEING a tract of land situated in the S. M. Hiatt Survey,
Abstract No. 638 in the City of Coppell, Dallas County, Texas and
also being part of a tract of land conveyed to Sandy Lake Corners
Joint Venture, as described in Volume 90132, Page 0527 of the Deed
records of Dallas County, Texas and being more particularly
described as follows:
COMMENCING at a point of intersection of the north line of
Sandy Lake Road (a variable width right -of -way) with the west line
of Samuel Boulevard (a variable width right -of -way); thence
N.01 "W., 633.93 feet along the said west line of Samuel
Boulevard to a point for corner; thence 5.88 "W., 458.00 feet
to a point for corner; thence S.01 "E., 220.00 feet to a point
for corner; thence 5.89 "W., 22.57 feet to the Point of
Beginning;
THENCE S.00 "E., 141.36 feet to a point for corner;
THENCE S.89 "W., 3.96 feet to a point for corner; being
the beginning of a curve to the right having a central angle of
27 ", a radius of 30.00 feet and a chord bearing of
N.76 "W.;
THENCE along said curve 14.64 feet to the end of said curve and
being the beginning-of a curve to the left having a central angle
of 12 ", a radius of 60.00 feet and a chord bearing of
N.69 "W.;
THENCE along said curve 12.93 feet to the end of said curve;
THENCE N.00 "W., 133.07 feet to a point for corner;
THENCE N.89 "E., 30.00 feet to the Point of Beginning, and
containing .095 acres of land.
�v
cross /release access
90240 0511
Reciprocal sasements Agreement
(Cross Access)
Additional Access sasement
BEING a tract of land situated in the S. M. Hiatt Survey,
Abstract No. 638 in the City of Coppell, Dallas County, Texas and
also being part of a tract of land conveyed to Sandy Lake Corners
Joint Venture, as described in Volume 90132, Page 0527 of the Deed
records of Dallas County, Texas and being more particularly
described as follows:
COMMENCING at a point of intersection of the north line of
Sandy Lake Road (a variable width right -of -way) with the west line
of Samuel Boulevard (a variable width right -of -way); thence
N.01 "W., 448.93 feet along the said west line of Samuel
Boulevard to the Point of Beginning;
THENCE S.88 0 31 1 00 "W., 458.00 feet to a point for corner;
THENCE N.01 0 29 1 00 "W., 25.00 feet to a point for corner;
THENCE N.88 0 31 1 00 "E., 458.00 feet to a point for corner;
THENCE S.01029 "E., 25.00 feet along the said west line of
Samuel Boulevard to the Point of Beginning, and containing .263
acres of land.
cross /additional access
90240 0512
E 1 SO 0
cr 1 Q om, 3= 53
�0
a
• O �Oj
,� .e c : P' • 0'
a �. =,• �- o�
tt•
=�. h ����� r - - -
' , ..
i
��nn..��� '� � '� Sr 5 4
m # � ��,.� ° -.� c ;' � 7� "- fa`r' e ` �,�,..�`
n �.
f
' "^
», a
r
t
a)- y
� i a
.. n
A.
y 4
* 4�
r :. r
�..
y y� � f ..
� �1
T .� 'r �1.. �'
1 9 y
s 4 k Q �F q ;��
A