Coppell/121 Off Pk-ES060531ACCESS AND PARKING EASEMENT AGREEMENT
This Access and Parking Easement Agreement (the "Agreement") is made between RCP
Coppell #1, Ltd., a Texas lim><ted partnership ("RCP"), and Children's Health Plaza, a Texas
limited liability company ("CHP"), effective this day of May, 2006
RECITALS
WHEREAS, RCP owns the property described on Exhibit "A" attached to this
Agreement (the "RCP Tract") and CHP owns property adjacent to the RCP Tract ><n the location
more particularly described on Exhibit "B" attached to this Agreement; and
WHEREAS, RCP and CHP each desire to grant and convey to the other anon-exclusive
access easement over the respective portions of the RCP Tract and CHP Tract as described
below, subject to the terms and conditions set forth >In this Agreement.
WHEREAS, RCP desires to grant and convey to CHP anon-exclusive parking easement
over the parking spaces marked on the RCP Tract as shown on Exhibit "A", subject to the terms
and conditions set forth m this Agreement.
AGREEMENT
NOW, THEREFORE, for and m consideration of the mutual covenants contained
herein, and Ten Dollars ($ I 0 00) and other good and valuable consideration received by the
parties hereto, the receipt and sufficiency of which are hereby acknowledged, the parties do
hereby agree as follows
1 Grant of Access Easements. RCP grants and conveys to CHP, its successors and
assigns, a nonexclusive, perpetual access easement over and across the RCP Tract for pedestrian
and vehicular access, ingress, and egress. In addition, CHP grants to RCP, its successors and
assigns a nonexclusive, perpetual access easement over and across the CHP Tract for pedestrian
and vehicular access, ingress, and egress The owner of each respective tract shall be responsible
for the maintenance of the easement areas located upon that owner's property, but shall not be
responsible for the activities of persons utilizing the easement areas on the other owner's
property for the purposes set forth to this easement or otherwise
2. Grant of Parkmg~Easement. RCP grants and conveys to CHP, its successors and
assigns, a nonexclusive, perpetual parking easement for the parking spaces on RCP's property
marked on the attached Exhibit "A"
3 Covenants Run With the Land. The easements and rights granted herein run with
the land and are easements appurtenant to the RCP Tract and CHP Tract. The nghts under the
easements may be exercised by, and are for the benefit of, all current and future owners, deed of
trust beneficiaries, and mortgagees of the RCP Tract and CHP Tract and all of their respective
tenants, subtenants, occupants, licensees, invitees, employees, and agents and any mv>tees and
employees of such tenants, subtenants, and occupants, provided all such parties shall abide by
the 1>mitat>tons on use set forth m this Agreement.
Access and Parking easement for Children's Health Plaza
4 No Public Dedication. Nothing contained herein will be deemed to constitute a
grant to any public agency or governmental authority, or a public dedication, as it is the intention
of the parties that this Agreement shall be strictly limited to and for the purposes expressed
herein.
5 Conditions. The easements created pursuant to this Agreement are subject to any
valid and existing restrictions, liens or encumbrances affecting the respective tracts as of the date
hereof.
6 Successors and Assigns. The rights and obligations contained herein shall bind
and inure to the benefit of the respective successors and assigns of the parties hereto
7 Amendment. This Agreement may be modified only by a written agreement of
the owners of the RCP Tract and the CHP Tract.
Effective as of the date first set forth above.
RCP Coppell #1, Ltd.,
a Texas limited partnership
By: Realty Capital Corporation,
a Texas corporation,
its general partner
By•
Name Thomas J Wouters
Title: Senior Vice President
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the _ day of , 2006,
by of Realty Capital Corporation, a Texas
corporation, and the corporation acknowledged this instrument as general partner of RCP
Coppell #l, Ltd., a Texas limited partnership, on behalf of such limited partnership
Notary Public, State of Texas
Access and Parking easement for Children's Health Plaza 2
Children's Health Plaza,
a Texas hmrted liab>lrty corporation
STATE OF TEXAS
COUNTY OF
By~_
Name
Title
This instrument was acknowledged before me on the _ day of
by of Children's Health Plaza, a
,and the acknowledged th>s instrument as _
Children's Health Plaza, a on behalf of such
2006,
of
Notary Public, State of Texas
After recording return to
J Andrew Rogers
Kelly, Hart & Hallman, P C
201 Mam Street, Suite 2500
Fort Worth, Texas 76102
Access and Parking easement For Children's Health Ylaza 3
By its execution below, the lender listed below acknowledges and agrees that this
Agreement has been approved by the lender and the rights granted hereunder w>Il not be
terminated by the lender In the event of a foreclosure
Southwest Secunt>Ies, FSB
By•
Name
Title
STATE OF TEXAS §
COiJNTY OF §
This instrument was acknowledged before me on the day of 2006, by
- of _ a
on behalf of such bank.
Notary Public, State of Texas
Access and Parking easement for Children's Health Plaza 4
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