W Sandy Lk Addn-ES040727RECIPROCAL EASEMENT AGREEMENT
This Reciprocal Easement Agreement ("Easement Agreement"), is made as of this
~ ~ 4-1~day of~o~XI ,2004 by and between
FERGUSON REALTY COMPANY, a Texas Corporation,
("Phase 1 Parcel Owner")
and
LATOUR PARTNERS, L.P., a Texas limited partnership,
("Phase I1 Parcel Owner"),
RECITALS
A. Phase I Parcel Owner owns that certain tract of land in the City of Coppell, County of
Dallas, S~tate of Texas which contains approximately 31.57 acres, and which is more particularly
described in Exhibit "B" which is attached hereto and incorporated herein by reference ("Phase
I Parcel")
Phase Il Parcel Owner owns a certain tract of land in the City of Coppell, County of
Dallas, State of Texas which contains approximately 40.655 acres, and which is more particularly
described in Exhibit "C" which is attached hereto and incorporated herein by reference ("Phase
Il Parcel").
(the Phase I Parcel and/or the Phase 1! Parcel are sometimes called a "Parcel").
B. In order to effectuate the common use, maintenance and operation of their respective parcels
and to provide for appropriate and necessary ingress and egress, Phase I Parcel Owner and Phase
Il Parcel Owner desire to enter into certain covenants and agreements in connection with an
approximately 320' long (north-south) by 50' wide (east west) access easement as depicted in
Exhibit "A" which is attached hereto and incorporated herein by reference ("Access
Easement").
C. The parties hereto desire that this Easement Agreement shall be filed in the Real Property
Records of Dallas County, Texas.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency is hereby acknowledged, the parties agree to the
following:
1. Phase I Parcel to Phase I1 Parcel Easement. Phase I Parcel Owner hereby grants and
conveys to Phase II Parcel Owner, and its permittees, successors, assigns, tenants and licensees a
non-exclusive easement for (i) ingress and egress of vehicles and pedestrians (but not parking)
over and across that portion of the Access Easement located on the Phase 1 Parcel, which portion
is more particularly described in Exhibit "D" which is attached hereto and incorporated herein
by reference ("Phase I Easement"); and (ii) for the purpose of fulfilling any repair and
maintenance obligations of Phase II Parcel Owner hereunder.
2. Phase I1 Parcel to Phase I Parcel Easement. Phase II Parcel Owner hereby grants and
conveys to Phase I Parcel Owner, and its permitees, successors, assigns, tenants and licensees a
non-exclusive easement for (i) ingress and egress of vehicles and pedestrians for passage (but not
parking) over and across that portion of the Access Easement located on the Phase II Parcel,
which portion is more particularly described in Exhibit "E" which is attached hereto and
incorporated herein by reference ("Phase II Easement"); and (ii) for the purpose of fulfilling
any repair and maintenance obligations of Phase I Parcel Owner hereunder.
3. No Public Dedication. In no event shall the granting of the cross easements in Sections 1
and 2 above be deemed to be a dedication of the Access Easement to the public.
4. Construction. Either Phase I Parcel Owner or Phase II Parcel Owner shall, at their
own expense, have the right to construct an 8" thick, 4000 psi reinforced concrete drive approach
offof the Sandy Lake Road to the Access Easement and a 7" thick, 4000 psi reinforced concrete
driveway on all or part of the Access Easement. Phase I Parcel Owner or Phase 11 Parcel Owner
agrees not to construct other drive approaches onto their respective Parcel from Sandy Lake Road
which would eliminate the possibility of building and using the Access Easement.
5. Maintenance. Each Parcel Owner shall maintain and repair that portion of the Access
Easement on its parcel in a safe, clean and attractive condition, including (i) the repairing and
replacement of such area with the type of material originally installed therein or such substitute
as shall in all respects be equal thereto in quality, appearance and durability; (ii) the removal of
debris and waste materials and the washing or sweeping of paved areas as required; (iii) the
painting or repainting of any directional signs as required; and (iv) the striping or re-striping of
any paved areas.
6. Underground Utilities. Each Parcel Owner shall have the right to locate underground
utilities within the portion of the Access Easement owned by such party provided: (a) such
utilities are constructed so as to minimize disruption of traffic within the Access Easement; and
(b) any damage to the driveway with the Access Easement is promptly repaired by the party
installing or causing to be installed such underground utilities.
7. Defaults. If any party ("Defaulting Party") shall fail to comply with any term, provision
or covenant of this Easement Agreement and shall not cure such failure within thirty (30) days
after receipt of written notice (or if the default is of such character as to require more than thirty
(30) days to cure and the Defaulting Party shall fail to commence to cure the same within such
period or shall fail to use reasonable diligence in curing such default to completion thereafter)
from the other party or parties ("Non-Defaulting Party") to the Defaulting Party, the Non-
Defaulting Party shall have the option of pursuing any one or more of the following remedies, or
any other remedy it may have at law or in equity: (a) perform said obligation of the Defaulting
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Party and charge the Defaulting Party; or (b) seek specific performance or injunctive relief from
a court of competent jurisdiction.
8. Access. The Defaulting Party hereby grants to the other parties non-exclusive rights of
entry and non-exclusive easements over and under any and all parts of the Defaulting Party's
Parcel (excluding the right to enter any building located thereon) for all purpose reasonably
necessary to enable any of the Non-Defaulting Parties (acting directly or through agents,
contractors or subcontractors) so to perform any of the terms, provisions, or covenants of this
Easement Agreement which the Defaulting Party shall have failed to perform.
9. Award. Nothing herein contained shall be construed to give a party any interest in any
award or payment made to any other party in connection with any exercise of eminent domain or
transfer in lieu thereof affecting such other party's Parcel. In the event of any exercise of
eminent domain or transfer in lieu thereof of any part of the Access Easement, any such award or
payment shall be payable only to the owner of such Parcel (or to any appropriate mortgagee if
required under the provisions of any security instruments creating a lien against the fee interest in
the parcel to which such award or payment pertains), and no claim thereon shall be made by any
other party.
10. Amendment. This Easement Agreement may not be modified in any respect whatsoever
or rescinded, in whole or in part, except with the consent of all of the Owners of the Parcels, and
then only by written instrument duly executed in recordable form and duly recorded in the Dallas
County Real Property Records.
I 1. Nature of Easements. The easements and rights granted and obligations assumed herein
(a) are made for the direct, mutual and reciprocal benefit or burden of the real property affected;
(b) will constitute covenants running with the land; (c) will be binding upon the parties'
respective successors, assigns and transferees; and (d) inure to the benefit of the parties'
respective successors, assigns, transferees, tenants, employees, agents, customers, licensees and
invitees.
12. Entire Agreement. This instrument contains the entire agreement between the parties
relating to the fights herein granted and the obligations herein assumed.
13. Attorneys' Fees. In the event of any controversy, claim, or dispute relating to this
Easement Agreement or the breach thereof, the prevailing party shall be entitled to recover from
the losing party reasonable expenses, attorneys' fees and costs.
14. Agent Relationship. Nothing in this Easement Agreement nor any acts of the parties
hereto shall be construed or deemed by the parties, or by any third person, to create the
relationship of partnership, of joint venture, or of principal and agent, between the parties hereto.
15. Governing Law. This Easement Agreement shall be construed and governed in
accordance with the laws of the State of Texas.
16. No Third Party Beneficiary. The provisions of this Easement Agreement are for the
exclusive benefit of the parties, their successors and assigns, and not for the benefit of any third
person, nor shall this Easement Agreement be deemed to have conferred any rights, express or
implied, upon any third person.
17. Mutual Indemnity. Each party (the "Indemnifying Owner") shall protect, indemnify,
defend, and hold the other party (the "Indemnified Owner") harmless from and against all
claims, expenses, liabilities, loss, damage, and costs, including any actions or proceedings in
connection therewith and including reasonable attorneys' fees, incurred in connection with,
arising from, due to or as a result of the death of or any accident, injury, loss, or damage,
howsoever caused, to any person or loss or damage to the property of any person as shall occur in
or about the Indemnifying Owner's parcel, except claims resulting from the gross negligence or
willful act or omission of the Indemnified Owner or any occupant of such Indemnified Owner's
parcel, or the agent, servants, or employees of such Indemnified Owner, wherever the same may
occur. Notwithstanding any of the provisions of this Paragraph 17 to the contrary, each Owner
for itself and its permittees waives any right of recovery against the other Owner and its
permittees for any loss, damage, or injury to the extent the same is actually covered by insurance.
18. Notices. All notices, requests, demands, and other communications required or permitted
to be given under this Easement Agreement shall be in writing and shall be conclusively deemed
to have been duly given or delivered, as the case may be, (i) when hand delivered to the
addressee; or (ii) one (1) business day after having been deposited, properly addressed and
prepaid for guaranteed next-business-day delivery, with a nationally-recognized overnight courier
service (e.g., UPS, FedEx, or U.S. Express Mail). All such notices, requests, or demands shall be
addressed as set forth below, or to such other street address as a party may from time to time
designate by notice given to the other party(les); provided, however that no party may require
notice be given or delivered to more than two (2) addresses.
If to Phase I Parcel Owner:
If to Phase II Parcel Owner:
Lindley Ferguson, Ferguson Realty Company, 900 East Solitude Drive, Jackson, Wyoming
83001
With a copy to: Brad Copeland, ING Clarion, 3141 Hood Street, Suite 700, Dallas, TX 75219;
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IN WITNESS WHEREOF, Phase I Parcel Owner and Phase 11 Parcel Owner have executed this
Easement Agreement as of the day and year first above written.
Phase I Parcel Owner
FERGUSON REALTY COMPANY, a Texas corporation
By: ,~--"~'J~;
Name: Lindley C. Ferguso 7,~ifle: President, Date:"f"g~ '72004
STATE OF WYOMING, COUNTY OF
BEFORE ME, the undersigned authority, on this c~)_~.~of '~,'3 c' ~ \ ,2004, personally
appeared LINDLEY C. FERGUSON, in his capacity as President of FERGUSON REALTY
COMPANY, a Texas corporation and upon oath stated that he/she has read the foregoing
document and has executed same in for and on behalf of said corporation.
Notary Public in and for "~ ~.t~ r", County, State of Wyoming
My Commission Expires:_ ~'~'~.,'~-t3'~
Phase I1 Parcel Owner
LATOUR PARTNERS, LP., a Texas limited partnership
Name: Ed'~;'ard J. Henry, Ill, Title(President, Ghostrider Distributing, Inc. its General Partner,
Date: AD[i[ r/ ,2004
STATE OF TEXAS, COUNTY OF DALLAS -
BEFORElV[E, the undergigned authority, onthis r/ dayof ~)1'1 I ,2004, personally
appeared ~/!W(l}/d ,~. H/J~f ~( I1~ , in his capacity as President of Ghostrider Distributing,
Inc., a Texas corporation anr~upon oath stated that he/she has read the foregoing document and
has ~ex~eeu, ted,s,amc~,n for and on behalf of said corporation.
Notary Public in and for D0,[[0.5 County, State of Texas
My Commission Expires:.
Exhibit A - Access Easement
Exhibit B - Phase I Parcel C~gal Description
Exhibit C - Phase II Parcel Legal Description
Exhibit D - Phase I Easement Legal Description
Exhibit E - Phase II Easement Legal Description
EXHIBIT A - ACCESS EASEMENT
FERGUSON REALTY COMPANY.
VOL. 79085, PG. 217~
TRACT 1
7,995 S.F. OF
0.1835 ACFO$
.~'1.
N89'23'OO'E o.o
o,~ , N89'23'OO'E
25'00'-~I ~ 25.00'
I ,l CA~L~D 40.655 ACRES
I ,I EXISTING CITY 0F COPPELL
'~ 20' UTILITY EASEMENT
~ , ' ~ tVOL. 7907~, PG. 206)
,
, ~ 50' MUTUAL
'' ;~J~ ACCESS EASEMENT
' I TRACT 2
~ o,o I~ 8,005 S.F. OF
Ol gig lo 0.1838 AcFos
(VOL a~155, PO-
...................... j .... i J
8~'4400W / / ~ . , .-- '
, / NBg 45 12 W
SANDY LAKE ROAD ~s.00 /
POINT OF BEGINNING ·
TRACTS I & 2
LEGEND
EXHIBIT 'A'
MUTUAL ACCESS EASEMENT
JOHN E. HOLLAND SURVEY, ABSTRACT NO, 614
CITY OF COPPELL, DALLA$ COUNIY, TEXAS
I:ERGUSON I~.EALJFY COMI'ANY
HALFF ASSOCIATES, INC, ENGINEERS ~ SURVEYORS
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EXHIBIT B - PHASE 1 PARCEL LEGAL DESCRIPTION
BEING a tract of land situated in the John E. Holland Survey, Abstract Number 614, Dallas
County, Texas, and being a part of that tract of land described in deed to Ferguson Realty
Company as recorded in Volume 79085, Page 2171, Deed Records of Dallas County, Texas
(D.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod found in the north right-of-way line of Sandy Lake Road
(formerly known as Thweatt Road, a called 50 foot right-of-way in said deed) for the common
southeast comer of said Ferguson Realty tract and southwest comer of that tract of land described
in deed to Latour Partners, L.P. as recorded in Volume 95197, Page 359, D.R.D.C.T.;
THENCE North 89 degrees 44 minutes 00 seconds West, along said north right-of-way line, a
distance of 980.12 feet to a 1/2-inch iron rod with cap stamped "HALFF ASSOC. 1NC."
(hereafter referred to as "with cap") set for comer;
THENCE North 00 degrees 37 minutes 00 seconds West, departing said north right-of-way line,
a distance of 1305.00 feet to a l/2-inch iron rod with cap set for comer;
THENCE North 89 degrees 52 minutes 00 seconds West, a distance of 218.76 feet to a l/2-inch
iron rod with cap set for comer on the southeasterly right-of-way line &State Highway 121
(variable width right-of-way);
THENCE North 42 degrees 52 minutes 00 seconds East, along said southeasterly right-of-way
line, a distance of 112.01 feet to a 1-inch iron pipe found for the intersection of said southeasterly
right-of-way line with the north line of the aforementioned Ferguson Realty tract and south line
of that tract of land described in deed to DFW SH-121 Limited Partnership as recorded in
Volume 84046, Page 4613, D.R.D.C.T.;
THENCE South 89 degrees 52 minutes 00 seconds East, departing said southeasterly right-of-
way line and along said north line, a distance of 825.50 feet to an ell comer on the west line of
that tract of land described in deed to William F. Callejo, Trustee as recorded in Volume 80004,
Page 1835, D.R.D.C.T., from which point a 1-inch iron pipe found bears North 51 degrees 30
minutes 05 seconds East a distance of 0.30 feet;
THENCE South 89 degrees 27 minutes 00 seconds East, along the common line between said
Callejo and Ferguson Realty tracts, a distance of 296.30 feet to a 5/8-inch iron rod found for the
common northeast comer of said Ferguson Realty tract and northwest comer of the
aforementioned Latour Partners, L.P. tract;
THENCE South 00 degrees 37 minutes 00 seconds East, departing said common line and along
the common line between said Ferguson Realty and Latour Partners, L.P. tracts, a distance of
1387.40 feet to the POINT OF BEGINNING AND CONTAINING 1,375,154 square feet or
31.57 acres of land, more or less.
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EXHIBIT C - PHASE 11 PARCEL LEGAL DESCRIPTION
BEING a tract of land situated in thc John E. Holland Survey, Abstract Number 614, Dallas
County, Texas, and being the same property conveyed to Latour Partners, L.P., according to the
Substitute Trustee's Deed recorded in Volume 95197, page 359 of the Deed Records of Dallas
County, Texas and more particularly described by metes and bounds as follows:
BEGINNING at a 3/4-inch iron rod found at the Southeast comer of said Latour Partners, L.P.
tract, being the most Southerly Southwest comer of that certain 130.7100 acres tract of land
conveyed to William F. Callejo, Trustee according to the deed recorded in Volume 80004, Page
1835 of the Deed Records of Dallas County, Texas, said iron rod lying in the North right-of- way
line of Sandy Lake Road (Thweatt Road) (County Road No. 3044), a called 50 foot right-of-way,
and lying 227.92 feet along said right-of-way line from the southwest comer of that certain tract
of land conveyed to Brazos River Transmission Electric Cooperative, Inc., according to the deed
recorded in Volume 2366, page 327 of the Deed Records of Dallas County, Texas:
THENCE North 89 degrees 45 minutes 12 seconds West for a distance of 1275.24 feet along the
North right-of-way line of said Sandy Lake Road to a 5/8-inch iron rod found at the Southwest
comer of said Latour Partners, L.P. tract, same being the Southeast comer of that certain tract of
land conveyed to Ferguson Realty Company according to the deed recorded in Volume 79085,
Page 2171 of the Deed Records of Dallas County, Texas:
THENCE North 00 degrees 37 minutes 01 seconds West for a distance of 1387.42 feet to a 5/8-
inch iron rod found at the Northwest comer of said Latour partners, L.P. tract, same being at the
Northeast comer of said Ferguson Realty Company tract and lying in the Southwest boundary
line of aforesaid Callejo 130.710 acre tract:
THENCE South 89 degrees 53 minutes 16 seconds East for a distance of 1275.09 feet along the
North boundary line of said Latour Partners, L.P. tract and the common South boundary line of
said Callejo tract, to a ~-inch iron mad found at the Northeast comer of said Latour Partners,
L.P. Tract;
THENCE South 00 degrees 37 minutes 17 seconds East for a distance of 1390.41 feet along the
East boundary line of said Latour Partners, L.P. tract and continuing with a West boundary line
of Callejo tract to the PLACE OF BEGINNING and CONTAINING 40.655 ARES OF LAND,
more or less.
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EXHIBIT D - PHASE I EASEMENT LEGAL DESCRIPTION
BEING a tract of land situated in the John E. Holland Survey, Abstract Number 614, Dallas
County, Texas, and being a part of that tract of land described in deed to Ferguson Realty
Company as recorded in Volume 79085, Page 217 I, Deed Records of Dallas County, Texas
(D.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a 5/8-inch iron md found in the north right-of-way line of Sandy Lake Road
(fommrly known as Thweatt Road, a called 50 foot right-of-way in said deed) for the common
southeast comer of said Ferguson Realty tract and southwest comer of that tract of land described
in deed to Latour Partners, L.P. as recorded in Volume 95197, Page 359, D.R.D.C.T.;
THENCE North 89 degrees 44 minutes 00 seconds West, along said north right-of-way line, a
distance of 25.00 feet to a point for comer;
THENCE North 00 degrees 37 minutes 00 seconds West, departing said north right-of-way line,
a distance of 319.61 feet to a point for comer;
THENCE North 89 degrees 23 minutes 00 seconds East, a distance of 25.00 feet to a point for
comer on the common line between said Ferguson Realty and Latour Partners tracts;
THENCE South 00 degrees 37 minutes 00 seconds East, along said common line, a distance of
320.00 feet to the POiNT OF BEGINNING AND CONTAINING 7,995 square feet or 0.1835
acres of land, more or less.
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EXHIBIT E - PHASE 11 EASEMENT LEGAL DESCRIPTION
BEING a tract of land situated in the John E. Holland Survey, Abstract Number 614, Dallas
County, Texas, and being a part of that tract of land described in deed to Latour Partners, L. P., as
recorded in Volume 95197, Page 359, Deed Records of Dallas County, Texas (D.R.D.C.T.), and
being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod found in the north right-of-way line of Sandy Lake Road
(formerly known as Thweatt Road, a called 50 foot right-of-way in said deed) for the common
southwest comer of said Latour Partners, L.P. tract and southeast comer of that tract of land
described in deed to Ferguson Realty Company, as recorded in Volume 79085, Page 2171,
D.R.D.C.T.;
THENCE North 00 degrees 37 minutes 00 seconds West, along a common line between
Ferguson Realty and Latour Partners, L. P. tracts, a distance of 320.00 feet to a point for comer;
THENCE North 89 degrees 23 minutes 00 seconds East, departing said common line, a distance
of 25.00 feet to a point for comer;
THENCE South 00 degrees 37 minutes 00 seconds East, a distance of 320.38 to a point for
comer on the said north right-of-way line of Sandy Lake Road;
THENCE North 89 degrees 45 minutes 11 seconds West, along the north right-of-way line of
Sandy Lake Road, a distance of 25.00 feet to the POINT OF BEGINNING AND CONTAINING
8,005 square feet or 0.1838 acres of land, more or less.
10
AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT
This 1 st Amendment to Reciprocal Easement Agreement is entered into between
FERGUSON REALTY COMPANY, a Texas corporation as Phase I Parcel Owner and
LATOUR PARTNERS, L.P., a Texas limited partnership as Phase II Parcel Owner for
the purpose of amending the April 20, 2004 Reciprocal Easement Agreement for the 50'
wide x 320' long shared driveway off of Sandy Lake Road in Coppell, Texas.
For valuable consideration, whose receipt and adequacy are acknowledged, Phase I Parcel
Owner and Phase II Parcel Owner agree as follows:
The Access Easement shall also allow for fire apparatus and emergency vehicle access
over and across the land described in Exhibits "D" and "E" of the Reciprocal Easement
Agreement. The fire apparatus and emergency vehicle access paved surfaces shall
conform to City of Coppell requirements.
This 1st Amendment shall be effective on the same April 20, 2004 date as the Reciprocal
Easement Agreement and shall be a part of and recorded in the Dallas County deed
records with the Reciprocal Easement Agreement.
Except as modified hereby, the Reciprocal Easement Agreement shall remain in full force
and effect.
1 s~ AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT
IN WITNESS WHEREOF, Phase I Parcel Owner and Phase II Parcel Owner have executed this
1sT Amendment to Reciprocal Easement Agreement as of the day and year first above written.
Phase I Parcel Owner
FERGUSON REALTY COMPANY, a Texas corporation
Name: -L'indley C. l~guson, Title: President
STATE OF WYOMING, COUNTY OF ~ ~ ~--~
BEFORE ME, the undersigned authority, on this C~k day of._~.~_c~, 2004, personally
appeared LINDLEY C. FERGUSON, in his capacity as President of FERGUSON REALTY
COMPANY, a Texas corporation and upon oath stated that he/she has read the foregoing
document and has executed same in for and on behalf of said corporation.
Notary Public in and for "1 ~ ~ c-~ County, State of Wyoming
My Commission Expires:_ ~ .~-13,~
Phase I1 Parcel Owner
LATOUR PARTNERS, L.P., a Texas limited partnership
Name: Edw~ard J. Henry, III, Preside/nt, Ghostrider Distributing, Inc. its general partner
STATE OF TEXAS, COUNTY OF D ~[ [[(]~
BEFORE ME, the undersigned authority, on this ag day of 0 0- [~ ,2004, personally
appeared EDWARD J. HENRY, in his capacity as President of Ghost Rider Distributing, Inc.,
the general partner of LATOUR PARTNERS, L.P., a Texas limited partnership and upon oath
stated that he/has read the foregoing document and has executed same in for and on behalf of
said, corporation.
'N~otary Public in and for D~I[[O,_q County, State of Texas
My Commission Expires:_ ql [~tlO~
2
l't AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT