Food Lion-ES 920221 Sandy Lake CoFners Joint Venture
fV~2770 Colt Road. #1012
.7525]
This Amendment of Rociproca~ Easements Agreement (Cross-
A~c~eoe) (eAmondmsnt") ia made and sneered into so of thsl~L~day of
~*%.~ . 1991, by and betveen Sandy Lake Corners ~oinb
Venture (~Se~ler~), a Texas ~oint vsn~uro~ acting b~ and through
its d~l¥ authorl=ed Hanagsr; and ~EMtex Development No. 6A~
("Purchaser"), a Texas oorporation~ acting by and through
authorized officer. TOTL
ADO1
20.00
20.00
8672 O00000O 2122 2tO~?l 2/21/92
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
WHEREAS, the Cross-Access Easement Agreement affects certain
property situated in the City Of Coppe11, Dallas County, Texas,
owned by Seller defined in the Cross-Access Easement Agreement as
Parcel II, and certain property situated in the city of coppsll,
Dallas County, Texas, owned by Purchaser defined in the Cross-
Access Easement Agreement ss Parcel I; end
WHEREAS, since the execution, delivery and recordation of the
Cross-Access Easement Agreement, Sailer and Purchaser have
discovered certain errors contained in the Cross-Access Easement
Agreement and have deter~ined that it would be in their mutual best
interest to slightly ad)ue: certain easement areas described in end
created by the Cross-Access Easement Agreemsnt~
NOW. THEREFORE, for and in consideration of the premises and
of the mutual agreements contained in this Amandeent, Seller and
Purchaser hereby agree as follows:
1. Prom and after the date of thie A~andmantl (i) the Samuel
Access Easement, as much term is used and defined &n the Cross-
Access Easement A~raement, shall maas that area described by me~es
and bounds on Annex A attached hereto end incorporated herein by
reference for all purposes; (ii) the metes and bounds description
contained on Annex A attached to this Amendment ie substituted for
and repXaoes the metes and bounds description attached se Exhibit
C to the cream-Access Easement Agreement; and (~li) all portZone of
Parcel XI proviousXy included in tho SamusZ Access Easement which
ara not inoZudad ~n the aras described by motes and bounds onAnnex
A attached to this Amendnent and are released and discharged from
the Cross-Access Easement Agreement and are no longer afEmo:ed by
2. The definition contained in lines 8, 9, 10 and Il of
subsection (a) of Section 3 of tho Cross-Access Easement Agreement
reading '(the Sandy~ake Access Zmprovementa and the Initial S~m~el
Access ~alamant ara sometimes herein collectively referred to aa
~ha "Easement Roadway Improvements.)" ie changed to read "(the
sandy Lake Access Improvements and the Initial 8o~uel Access
Improvements are sometimes herein collectively referred to as
"Easement Roadway Ieprovements")".
3. From and after the data of this Auenduent: (i) the
Additional Access Easement, aa such te~ is used and defined in the
Cross-Access Easement Agreement, shall mean that area described by
mates and bounds on Annex E attached hereto end incorporated herein
bM reference for all purpoaesl (ii) the metes and bounds
description contained on Annex B attached to this Alaendment is
aubatituted for and replaces the metes and bounds description
attached es Exhibit G to the Cross-Access Basement Agreement; and
(iii) all portions of Parcel II previously included in the
Additional Access Easement which are not included in the area
dascrib~d by metes and bounds on Annex B attached to this Amandeant
are released and discharged from tha Cross-Access Easement
Agreement and are no longer affected by the Cross-Access Easement
Agreement,
4. The following new subsection (o) is added to Section 22
of the Cross-Access Easement Agreement:
(c) The indemnity and hold harmless provisions contained
in subsection (a) of this Section are binding upon transferees
of portions of Parcel l, but the liability of transferees ia
limited to claims, demands, costs, liens, Judgments or awards
arising out of or aa · result of any use of the easements
herein created by the applicable transferee, its customers,
guests, employeea and business invitoes (i.e., no transferee
shall be liable for claims, demands, coats, liens, judgments
or awards eriaing out of or es a result of any use of the
easements herein created by Purchaser or by any party other
than the applicable transferee, its customers, ~Uilti,
employees and businall invitees}. The lnde~nity and hold
harmless proviliona ~on~ained in subsection (b) of this
Section are binding u~n tran.ferees of~rtions of Paccel
but the liability of transferees Is limited to claims,
de~a~s, 'costs, llen~, Jud~ents or avards ariel,9 out el or
as t result ct any use of the eame~nts herein oreat~bM the
applicable transferee, its ~stomers, ~ests, employees and
business levitate (1.~., no transferee shall ~ liable
clal~, deand8, costs, liens, Jud~onts or awards arising out
of o~ as a result of any use of the ea~o~ herein croa~ed
by Seller o= by any party other than tbs applicable
5. Except aa changed by this Amendment, the Crees-Access
Easement A~reement shall remain In full force and effect as
originally written.
2
9203G I71 '
S. This Amendment ie bindin~ upon and inures to the benefit
of Seller and Purchaser and their respective successors and
assignees.
?. Seller warrants and represents to Purchaser thatz
Seller owns all of Parcel II; (ii) no party other than Seller is
required to execute~hisAmendment to render thiaAmendment fullM
effective with respect to Parcel Iii smd (iii) the party executing
this Amendment on behalf of Seller ia fully authorized to do so.
8. Purchaser warrants and represents to Seller that= (l)
Purchaser owns all of Parcel l~ (ii) no party other than Purchaser
is required to execute this Amendment to render this ~endment
fully effective with respect to Parcel X except that party ~oining
in the execution of thisAmendment hereinbelow~ and (iii) ~he palm
axecuting~iiaAmendmsnt on behalf of Purchaser ia fully authorized
to do
Executed as of the day, month and year first above
SELLER:
S~DY IAXE COP~ERS JOIN~
By:
Allen Property
Corporation, Manager
Mlcha~i R. Al~len,
President
9203 J715
PURCHASER:
JE~tex DEVELOPMENT NO. 6A~ INC.
President
Food Lion, Inc. ts the owner and holder of: (~) the
indebtedness secured by that certain Deed of Trust (with
Security Agreement and Assignment of Rents and Leases) (the
"Deed of Trust") covering Parcel X recorded in Volume 90240,
page 455 of the Real Property Records of Dallas County, Texes~
and (ii} the rights of the optionea 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 Ate ~oindar hareinbelow,
Food Llon, Inc. hereby consents to and approves thieAmendmant
and agrees that any acquisition of Parcel I by Food Lion, Xno.
or by any party claiminq by, through or under Pood Lion, inc.
pursuant to foreclosure, deed in lieu of foreclosure or other
enforcement of the Oead of Trust or pursuant to the Option
shall be subject to the Cross-Access Basement Agreement as
L~ecuted es of the data of this Amendment.
FOOD LION, INC.
4
92D36 I 715
THE S?ATE OF TEXAS
coul~Pl'¥ OF DALLAS
BEFOR~ NE, 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 3sine 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 em 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.
b GIVEN under my hand and seal of office this /7~ day of
,t_~A~ec , 1991.
Notar~ Public - Stats ~ Texas
THE STATE
COUNTY OF(~~
S
S
S
BEFORE ~, the undersiqn~d, a Notary Public in and for said
County and State, om this day personally appeared Jamco E, Martin,
President of JBXtex Development No. 6A, Ins., a Texas corporation,
known to Be tO be tho person whose name
foregoll~g instrument, I~ ickn~lodg~ to ~
sa~ foF ~e p~8oo and oongidora~Lon ~oroLn o~r~8~, ~n the
capao~2~ ~here~n ~ and aB the ac2 and deed or sa~d
corporation,
~I~ ~der ~ hand and seal of orifice
· ~ 1991.
S~ate Of~
5
9203G ;717,
.° o
cou~T~ or ¥~-4~ S
BEFORE HE, the undersigned, a Notary Publ:[c in and for said
County and State, on thee day pjrsonelly appeared . ~(~C~
a ~.T~ ~ co.ration, k~vn to ~e to ~ the person
whose n~ ~s subscr~b~ to ~e foregoing instr~ent, and
acknowledged ~o ~ that he executed the ~me for ~e purposes and
consideration therein e~ressed, in the capao~ty therein stated and
aa the ac: a~ deed of said
GIVEN under my hand and seal of office this ~L day of
---~--~.~1~___,, 1991.
Notary Public - State of Tk~A~
s
92035 1718
ANNEX A
BEING & tract of land situated ia the S. M. Hiatt Survey,
Abstroct NO. 630 in the City of Coppsll, Dallas County, Texas and
also being part of s tract of lend conveyed to Sandy Lake Corners
Joint Venture, as described in Volume 90152, Page 0527 of the Deed
records Of Dallas County; Texas end being more p&r%tcular~y
described os follows=
COMMENCING at a porn= of intersection of the north line of
Sandy Leks Rood (a voriebls width right-of-way) with the west line
of Samuel Boulevard (a varl&bls width right-of-wsy); thence
N.01o29e00#W., 195.00 feet olong the s&ld west line of Samuel
Boulevard Co ~he PoinC of Beginning;
THENCE S.88O19'50~W.
THENCE N.00o54'46#W.
THENCE S.89°05'24"W.
THENCE N.00O$4'46~W.
THENCE H.89o05~14"E.
THENCE
THENCE N.89oost14#E.
THENCK N.00o$4e46"W.
THENCE N.88o31~00"E.
THENCE ~.01029'00~B.
486.77 feet to a poin~ for corner;
64.98 feet to a point for corner;
26.00 ~eet to a point fo= corner;
155.81 feet to a point ~or co=nor;
30.00 foe~ to a point for corner;
141,36 foot to s point for corner;
160.00 fss~ to s point for corner;
72.73 feo~ to a point fo~ corner;
321.26 feet to a point for corner;
148.93 feet along the said west line of
Samuel Boulevard to the Point of Beginning, and containing 1.506
acres of land,
92936
92036
1720
92036 1721