Sandy L Add L2BA-ES 911217 .M~ke Ail~n
r. andy J.~ke Corners Joint Vent,'-' --'
~{-.~2770 Coit Road, ::10i2
Dallas, Texas AMENDMENT OF RECIPROCAL EASEME~"~S AGREEMENT (CROSS-ACCeSS)
75251
This Amendment of Reciprocal Easements Agreement (Cross-
Access) ("Amendment") is made and entered into as of the I~.'~ day of
'~"):-_-. ¥--- , 1991, by and between Sandy Lake Corners Joint
Venture ("Seller"), a Texas joint venture, acting by and through
its duly authorized Manager, and JEMtex Development No. 6A, Inc.
("Purchaser"), a Texas corporation, acting by and through i ~t~._:duly
authorized officer. ~:':..- ?C:. ':'
WITNESSETH :
WHEREAS, as of December 7, 1990, Seller and Purchaser entered
into that certain Reciprocal Easements Agreement (Cross-Access)
recorded in Volume 90240, page 496 of the Real Property Records of
Dallas County, Texas (the "Cross-Access Easement Agreement"); and
~HEREAS, the Cross-Access Easement Agreement affects certain
property situated in the City of Coppell, Dallas County, Texas,
owned by Seller defined in the Cross-Access Easement Agreement as
Parcel II, and certain property situated in the City of Coppell,
Dallas County, Texas, owned by Purchaser defined in the Cross-
Access Easement Agreement as Parcel I; and
WHEREAS, since the execution, delivery and recordation of the
Cross-Access Easement Agreement, Seller and Purchaser have
discovered certain errors contained Jn the Cross-Access Easement
Agreement and have de~ermined that it would be in their mutual best
interest to slightly adjust certain easement areas described in and
created by the Cross-Access Easement Agreement;
NOW, THEREFORE, for and in consideration of the premises and
of the mutual agreements contained in this Amendment, Seller and
Purchaser hereby agree as follows:
1. From and after the date of this Amendment: (i) the Samuel
Access Easement, as such term is used and defined in the Cross-
Access Easement Agreement, shall mean that area described by metes
and bounds on Annex A attached hereto and incorporated herein by
reference for all purposes; (ii) the metes and bounds description
contained on Annex A attached to this Amendment is substituted for
and replaces the metes and bounds description attached as Exhibit
C to the Cross-Access Easement Agreement; and (iii) all portions of
Parcel II previously included in the Samuel Access Easement which
are not included in the area described by metes and bounds on Annex
A attached to this Amendment and are released and discharged from
the Cross-Access Easement Agreement and are no longer affected by
the Cross-Access Easement Agreement.
2. The definition contained in lines 8, 9, 10 and 11 of
subsection (a) of Section 3 of the Cross-Access Easement Agreement
reading "(the Sandy Lake Access Improvements and the Initial Samuel
32. ':_, , 13
ent are sometimes herein collectively referred to as
Lt Roadway Improvements")" is changed to read "(the
Access Improvements and the Initial Samuel Access
are sometimes herein collectively referred to as the
adway Improvements")".
om and after the date of this Amendment: (i) the
~cess Easement, as such term is used and defined in the
Easement Agreement, shall mean that area described by
~nds on Annex B attached hereto and incorporated herein
e for all purposes; (ii) the metes and bounds
contained on Annex B attached to this Amendment is
for and replaces the metes and bounds description
Exhibit G to the Cross-Access Easement Agreement; and
~ortions of Parcel II previously included in the
.ccess Easement which are not included in the area
metes and bounds on Annex B attached to this Amendment
~ and discharged from the Cross-Access Easement
~ are no longer affected by the Cross-Access Easement
-= following new subsection (c) is added to Section 12
-Access Easement Agreement:
) The indemnity and hold harmless provisions contained
· .ction (a) of this Section are binding upon transferees
ions of Parcel I, but the liability of transferees is
to claims, demands, costs, liens, judgments or awards
out of or as a result of any use of the easements
created by the applicable transferee, its customers,
employees and business invitees (i.e., no transferee
=_ liable for claims, demands, costs, liens, judgments
ds arising out of or as a result of any use of the
~$ herein created by Purchaser or by any party other
~e applicable transferee, its customers, guests,
_~s and business invitees). The indemnity and hold
~ provisions contained in subsection (b) of this
are binding upon transferees of portions of Parcel II,
~. liability of transferees is limited to claims,
costs, liens, judgments or awards arising out of or
~ult of any use of the easements herein created by the
Dle transferee, its customers, guests, employees and
~ invitees (i.e., no transferee shall be liable for
demands, costs, liens, judgments or awards arising out
~ a result of any use of the easements herein created
[er or by any party other than the applicable
.~ee, its customers, guests, employees and business
~).
=ept as changed by this Amendment, the Cross-Access
· eement shall remain in full force and effect as
.~itten.
6. This Amendment is binding upon and inures to the benefit
of Seller and Purchaser and their respective successors and
assignees.
7. Seller warrants and represents to Purchaser that: (i)
Seller owns all of Parcel II; (ii) no party other than Seller is
required to execute this Amendment to render this Amendment fully
effective with respect to Parcel II; and (iii) the party executing
this Amendment on behalf of Seller is fully authorized to do so.
8. Purchaser warrants and represents to Seller that: (i)
Purchaser owns all of Parcel I; (ii) no party other than Purchaser
is required to execute this Amendment to render this Amendment
fully effective with respect to Parcel I except that party joining
in the execution of this Amendment hereinbelow; and (iii) the party
executing this Amendment on behalf of Purchaser is fully authorized
to do so.
Executed as of the day, month and year first above written.
SELLER:
SANDY LAKE CORNERS JOINT
VENTURE
By: Allen Property
Corporation, Manager
..i I , I.. 9
Michael R. Ailen,
President
92~35 ,715
PURCHASER:
JEMtex DEVELOPMENT NO. 6A, INC.
By ~'~: - -
James E. Martin,
President
JOINDER
Food Lion, Inc. is the owner and holder of: (i) the
indebtedness secured by that certain Deed of Trust (with
Security Agreement and Assignment of Rents and Leases) (the
"Deed of Trust") covering Parcel I recorded in Volume 90240,
page 455 of the Real Property Records of Dallas County, Texas;
and (ii) the rights of the optionee under that certain Option
to Purchase Real Property (the "Option") covering Parcel I
recorded in Volume 90240, page 444 of the Real Property
Records of Dallas County, Texas. By its joinder hereinbelow,
Food Lion, Inc. hereby consents to and approves this Amendment
and agrees that any acquisition of Parcel I by Food Lion, Inc.
or by any party claiming by, through or under Food Lion, Inc.
pursuant to foreclosure, deed in lieu of foreclosure or other
enforcement of the Deed of Trust or pursuant to the Option
shall be subject to the Cross-Access Easement Agreement as
amended by this Amendment.
Executed as of the date of this Amendment.
FOOD LION, INC.
92..;'.0 , 716
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Michael R. Allen,
President of Allen Property Corporation, duly authorized Manager of
Sandy Lake Corners Joint Venture, a Texas joint venture, known to
me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed, in the capacity
therein stated and as the act and deed of said corporation in its
capacity as Manager of Sandy Lake Corners Joint Venture.
GIVEN under my hand and seal of office this /7~-~ day of
~¢£~C , 1991.
PAT.~'j:A G. W~!$H/ .. Notary Public - State ¢ Texas
i , ..-.; .- ~' .~.
I ~-"-'. '-"~ : :.,:.- ::.::~
,: ".'.- '" '.'" ~'~-~..-:: 7, 1~.'.,~
~-~ ......... ,_,,:
THE STATE
COLD~TY OF
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared James E. Martin,
President of JEMtex Development No. 6A, Inc., a Texas corporation,
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said
corporation.
GIVEN under my hand and seal of office this~ day of
~'~ ~.~'~ · , 1991.
'--'~ '~'-~ ~- - > Notary Public - State of, ~ ~
5
92 '3¢ 717
THE STATE OF "~--~_.~'1~.~ S
COUNTY OF ~3~/_~ S
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day pgrsonally appeared q~ ~C~
~T~I~ , ~IC~--~ ~"~Oc---f~T of Food Lion, Inc.,
a ~~ ~~1~ corporation, known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated and
as the act and deed of said corporation.
GIVEN under my hand and seal of office this~_ day of
~q~. , 1991.
,.~; ~..~.%~ Oc!~'~ 18. 1994 ~ Notary Public - State of ~X~
166725/D
129/14
92' ?i8
~NNEX A
Reciprocal Easements Agreement
(Cross Access)
Samuel Access Easement
BEING a tract of land situated in the S. M. Riatt 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:
CO~NCING 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.01029'00"W., 195.00 feet along the said west line of Samuel
Boulevard to the Point of Beginning;
THENCE S.88o19'50"W., 486.77 feet to a pein= for corner;
THENCE N.00o54'46"W., 64.98 feet to a point for corner;
THENCE S.89o05'14"W., 26.00 feet to a pein= for corner;
THENCE N.00o54'46"W., 155.81 feet to a point for corner;
THENCE N.89o05'14"E., 30.00 feet to a point for corner;
THENCE S.00054'46"E., 141.36 feet to a point for corner;
THENCE N.89o05'14"E., 160.00 feet to a point for corner;
THENCE N.00o54'46"W., 72.73 feet to a point for corner;
THENCE N.88o31'00"E., 321.26 feet to a point for corner;
THENCE S.01o29'00"E., 148.93 feet along the said west line of
Samuel Boulevard to the Point of Beginning, and containing 1.506
acres of land.
CTCS$/S&? e' &CCeSS
°2 --b 719
--' ANNEX B
BEING a 25 foot w~de str~p of land s~tuated in the $.
Hlatt Survey, Abstract No. 638 in the City of Ccppell, 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 descrlbed as follows:
BEGINNING at a pc~nt for corner on the west line of Samuel
Boulevard (a variable width right-of-way), said point being
N. 1"29'00" W., 412.93 feet from the intersection of the said
west line of Samuel Boulevard with the north line of Sandy Lake
Road (a 60 foot right-of-way);
THENCE $. 88"31 '00" W., 22.00 feet leaving the said west
line of Samuel Boulevard to the beginning of a curve to the
right having a central angle of 30"48'55" a radius of 55.00
feet and a chord bearing of N. 76"04']3" W.;
THENCE along said curve 29.58 feet to the end of said curve,
and being the beginning of a curve to the left having a central
angle of 30"48'55" a radius of 30.00 feet and a chord ~earlng
of N. 76=04'33'' W.;
THENCE along sald curve 16.13 feet to the end of sa:d curve;
THENCE S. 88=31'00'' W., 134.46 feet to the beginning of
a curve to the left having a central angle of 17"49'27" a radius
of 50.00 feet and a chord bearing of S. 79"36'16" W;
THENCE along said curve 15.55 feet to the end of sald curve,
and being the beginnIng of a curve to the right having a central
angle of 17"49'27" a radius of 75.00 feet and a chord bearing
of S. 79"36'16" W.;
THENCE along said curve 23.33 feet to the end of said curve;
THENCE S. 88"31'00" W., 219.73 feet to a point for corner;
THENCE N. 1"29'00" W., 25.00 feet to a point for corner;
THENCE N. 88"31 '00" E., 219.73 feet to the beglnnlng of
a curve to the left having a central angle of 17'49'27" a radius
of 50.00 feet and a chord bearing of N. 79"36'16" E.;
THENCE along sald curve 15.55 feet to the end of sald curve,
and being the beglnnlng of a curve to =ne right having a central
angle ol 17"49'27'' a radlus o~ 75.00 feet and a chcrd bearlng
of N. 79"36'16" E.;
THENCE along said curve 23.33.-feet to the end of sa~d curve;
THENCE N. 8~031'00" E., 134.46 feet to the beginning of
a curve tO the right having a central angle of 30048'55" a radius
of 55.0¢ feet and a chord bearing of S. 76"04'33" E.;
THENCE along said curve 29.58 feet to the end of said curve,
and being the beginning of a curve to the left having a central
angle of 30"48'55" a radlua of 30.00 feet and a chord bearing
of S. 76"04'33" E.;
THENCE along said curve 16.13 feet to the end of sa~d curve;
THENCE N. 88"31'00" E., 22.00 feet to a ~>oint for corner
on the said west line of Samuel Boulevard;
THENCE S. 1'29'00" £., 25.00 feet along the sald west line
of Samuel Boulevard to the Point of Beginning and containing
0.264 acres (11,520 square feet) of land.
92. ,..(' i20