Mutual Access Fire Lane Easement Agreement.FiledI11!1ll1��11�QqJi���J� :oFp�m��iENT i,ia
MUTUAL ACCESS FIRE LANE EASEMENT AGREEMENT
STATE OF TEXAS
KNOWN BY ALL THESE PRESENTS:
COUNTIES OF DALLAS
THIS FIRE LANE AND MUTUAL ACCESS EASEMENT AGREEMENT (thy" merit") is
made and entered into effective when fully executed by and between the Trustee of the Reb a bigail
Rapoport 1989 Trust, the Trustee of the Emily Rapoport 1989 Trust (collec ' ely, "Ra pono
Northpoint Hotel Group, LLC, a Texas limited liability company ("Northpoint").
RECITALS
WHEREAS, Rapoport is the owner of a certain 6.568 -acre ct o a ropert� ted in Coppell,
Dallas County, Texas as more fully described in "Exhibit A" here e "R 6port Pro ert ");
and
WHEREAS, Northpoint is the owner of thcerta 25 -acre tra of real property located in
Coppell, Dallas County, Texas as more fully des "Exhi it B" at ched hereto (the "Northpoint
Property"); and /\
WHEREAS, Rapoport desires
Rapoport Property for purposes of the,
NOW, THEREFORLS
i onsid
and valuable consideration, t ffi
hereby agree, contract, covenanlare as
ive mutual access easement over the
contemplated by this Agreement;
the sum of ten dollars ($10.00) and other good
which are hereby acknowledged, the Parties do
1. Grant of Easement'.
Rap oi't� her�ves, grants, and conveys unto Northpoint a non-exclusive
mutual access I()a
nt in, o u der ver, and across the 0.016 -acre and the 0.012 -acre areas, being
a part of t Ra Property more particularly described in "Exhibit C" and depicted on "Exhibit
D" atta hered made aart hereof for all purposes (the "Easement Area").
2. arrant of Rapoport warrants and will forever defend the title to the easement granted to
J
oint -he- r against every person whomsoever lawfully claiming or to claim the easement,
, or appurtenances, or any part thereof, except as to the Reservations from Conveyance of the
em Area and Exceptions to Warranty of the Easement Area, to the extent that such claim arises
throu , under Rapoport, but not otherwise.
3. Im r ements. Northpoint shall have the right to construct, reconstruct, and perpetually maintain fire
lane, n the Easement Area ("Improvements"), subject to the following terms and conditions:
a. Prior to commencing construction of Improvements, Northpoint shall give Rapoport written
notice of its intent to do so. Along with such notice, Northpoint shall provide written plans
and specifications for such work (the "Plans"). Rapoport shall have thirty (30) days to review
and approve or disapprove the Plans, which approval shall not be unreasonably withheld.
The Plans shall be deemed approved by Rapoport if it fails to respond in writing thereto
within such thirty (30) day period. In no event shall any construction of an Improvement
begin until final approval of the Plans.
Mutual Access Agreement - Page I
b. If, during construction of the Improvements, Northpoint encounters any utility lines,
Northpoint shall encase said lines in order to protect same.
c. In the exercise of its rights hereunder, Northpoint shall use reasonable efforts to minimize
any damage to or interference with the use and enjoyment of any adjoining property.
d. Except as otherwise provided, the out-of-pocket costs of the constr ion of the
Improvements shall be borne by Northpoint. In the event that Rapoport sel"a�ny improved
property to any third party in the future, Rapoport will reimburse Northpoint or 'ts actual
out-of-pocket costs on a pro -rata basis based on the square footage of the por ' n f the,
Improvements located on the property sold to such party. R ort shall rel b
Northpoint according to this Paragraph within thirty (30) days folio osing o any
such sale. 7
e. Northpoint shall maintain the Improvements in a
compliance with all applicable laws, ordinances, a
and at its sole expense. If Northpoint fails to/_
after thirty (30) days written notice, Rapopori m
written demand, reimburse RapopoZan
s
on such costs at a per annum rate or h
whichever is less) from the date of i
4. Benefit and Burden. The easements
duties, obligations, and liabilities cF�
and the Northpoint Property and ffial.
st te o o conditi and repair and in
ern n 1 requi Men at all times
itntam its ma' tea obligations, then,
ty cure such de u . Northpoint shall, on
incurred in c4ri the default plus interest
ighest rat permitted by applicable law,
in full.
;nants, rights, privileges, benefits,
and burden the Rapoport Property
Transfers of Ownership. If ring t existehis Agreement, Rapoport or Northpoint sells or
transfers its ownership o R o ropert r the Northpoint Property or any part thereof, then
from and after the effective da o such sale or transfer, that party shall be released and discharged
from any and al i io re o ib' ities, and liabilities under this Agreement and accruing
thereafter, insof as they re to o th p cel so conveyed, and any such transferee, by the acceptance
of the transfer such intere , hal thereupon become subject to the covenants contained herein,
insofar a ey 1 e to the parde so conveyed to the same extent as if such transferee were originally
a party e . T e p vision f this agreement, insofar as they affect the subsequent owners of the
Rapoport Pr rt y h— orthpoint Property or any portion thereof, may be enforced by the
subsequent own only to the extent the easements granted hereby affect such tract so acquired each
6.\ mend t. This Agreement and the rights, privileges, and benefits arising hereunder or pursuant
h to ma released, terminated, amended, or waived only with the written consent of the owners
of t Rap port Property and the Northpoint Property.
Sev ability. If any clause or provision of this Agreement is held to be illegal, invalid, or unenforceable
under any law applicable to the terms hereof, then the remainder of this Agreement shall not be affected
thereby, and in lieu of each such clause or provision of this Agreement that is illegal, invalid, or
unenforceable, such clause or provision shall be judicially construed and interpreted to be as similar
in substance and content to such illegal, invalid, or unenforceable clause or provision as the context
thereof would reasonably suggest so as to thereafter be legal, valid, and enforceable.
8. Notices. Any notices, consents, or other communications required or permitted to be given pursuant
to this Agreement must be in writing and shall be sent to the address set forth below (or such other
address as may be designated by notice to the other parties as required hereby). Any such notice or
Mutual Access Agreement - Page 2
communication shall be sufficient if sent by registered or certified mail, return receipt requested,
postage pre -paid; by hand delivery; by overnight courier service; or by telecopy, with an original by
regular mail. Any such notice or communication shall be effective on (a) the date of receipt if delivered
personally; (b) three (3) days after deposit in an official depository under the regular care and custody
of the United States Postal Service, if transmitted by registered or certified mail, return receipt
requested; (c) the first business day after the date of deposit, if transmitted by overnight courier service;
or (d) the date of transmission with confirmed answer back, if transmitted by telecopy, w chever shall
first occur.
If to Ranouort: Rebecca Abip-ail Rapoport 1989 Trust
EXECUTED on the dates witnessed below, to become effective upon execution by all parties.
Mutual Access Agreement — Page 3
Texas,
✓ner of
render
ntities.
1 taken
X
NORTHPOINT HOTEL GROUP, LLC
a Texas li ted li ility company
By:
Name: uketu Patel
Title: Manager
STATE OF T -*A'- 5 §
COUNTY OFQ%A\ , §
Sworn to and subscribed before me on )-,A--'Y K , 2019, by Suketu Patel, Manager of
Northpoint Hotel Group, LLC, a Texas limited liability company, on behalf of said limited liability company.
otary ubli m aQ for the State of
01 /30 /zoZ.o
Mutual Access Agreement — Page 4
REBSIL RAPOPORT 1989 TRUST
By:
Name: Ron d A. 4pport
Title: Co -Trustee
STATE OF 1 r t i
COUNTY OF
Sworn to and subscribed before me on u
of the Rebecca Abigail Rapoport 1989 Trust dated
�`•' a DIONDRA LANETTE SWINTON
NOTARY PUBLIC 7680657
�• ,..� COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JANUARY 31 2020
Mutual Access Agreement — Page 5
GIi Awh , 2019, by Ronald B. Rapoport, Co -Trustee
,ceaber 19, 1980, on behalf of said trust.
Notary Public in and for the State of
7REB A,ABI IL P 1 89 RUST
a . iam . N itt, Jr.
Title: Co -Trustee
STATE OF T &xc o
COUNTY OF I ► t C L -W 1CA4 --
Sworn to and subscribed before me on QP-&e� 2-� , 2018, by i A. Nesbitt,
Trustee of the Rebecca Abigail Rapoport 1989 Trust dated December 19, 1989, onellalf-Q' tru
r �c• ;it,OCA
F Vii, I E R, ri i
NotaryjW
Mutual Access Agreement — Page 6
of
REVyn
Al POP T 1989 TRUST
By:NaOlson, Jr. `
Title: Co -Trustee
STATEOF4�x(1� J
COUNTY OF LV1
Sworn to and subscribed before me on ( 1 2019, by Lyndon L. Olson, Jr., Co -Trustee
of the Rebecca Abigail Rapoport 1989 Trust dated Dec tuber 19, 1989, on behalf of said trust.
Mutual Access Agreement — Page 7
NotaryPu lic in and fo he State of
EMIL A ER RAPOPORT 1989 TRUST
By:
Name: Ronald B. R poport
Title: Co -Trustee
STATE OF V"C q
COUNTY OF ' §
Sworn to and subscribed before me on , 2019, by Ronald B. Rapoport, Co -Trustee
of the Emily Palmer Rapoport 1989 Trust dated DecRnber 19, 1989, on bel�alf of saiq)trust.
DIONDRA LANETTE SMINTON5�`
NOTARY PUBLIC 7650657 tary Public in and for the State of
.�� COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JANUARY 31 2020
Mutual Access Agreement — Page 8
EMIL PAL RAPOP R 89 UST
r
B C
e: William A. Ne, i t, r.
Title: Co -Trustee
STATE OFd.0
COUNTY OF §
Sworn to and subscribed before me on , 2018, by W , A. Nesbitt,
Trustee of the Emily Palmer Rapoport 1989 Trust dated December 19, 1989, on be f-ef-sai ust.
Notar
/� [`
6l S
Mutual Access Agreement — Page 9
of
EMILY ALMER RAP ORT 1989 TRUST
By:
4�`
Name: Lynd L. Olson, Jr.
Title: Co -Trustee
STATE OF f 60 S §
COUNTY OF R LUVWJC�-" §
Sworn to and subscribed before me on javmavL�( , 2019, by Lyndon L. Olson Jr., Co -Trustee
of the Emily Palmer Rapoport 1989 Trust dated Decemb4 19, 1989, on behalf of said trust.
��AY WCL
CP S
i�rTgTE of tEX�:
Mutual Access Agreement — Page 10
f
N�.tar P lic in and f the State of
Exhibit A
Description of the Rapoport Property
BEING all that certain lot, tract or parcel of land situated in the J. Gibson Survey, Abstract Number
1716, City of Coppell, Dallas County, Texas, and being a portion of Lot 1R, Block 1, Northpoint
Addition, an addition to the City of Coppell, Dallas County, Texas, according to the map or plat thereof
recorded under Document Number 20080234110 of the Map Records of Dallas County, Texas, and
being more particularly described in that certain Special Warranty Deed conveyed by Greenway-
Grapevine/Coppell Partners L.P., as Grantor, to Community Bank & Trust, Waco, Texas, Trustee of the
Rebecca Abigail Rapoport 1989 Trust and Trustee of the Emily Palmer Rapoport 1989 Trust, as Grantee,
on October 4, 2007 and recorded under Clerk's File No. 20070358228, Real Property Records, Dallas
County, Texas;
SAVE AND EXCEPT, the Property conveyed to Grantee under this instrument as described in "Exhibit
B."
Exhibit A to Easement and Restrictions Amendment — Page 1
Exhibit B
Description of the Northpoint Property
TRACT ONE:
BEING all that certain lot, tract or parcel of land situated in the J. Gibson Survey, Abstr4a,Number
1716, City of Coppell, Dallas County, Texas, and being a portion of Lot 1R, Block , thpoint
Addition, an addition to the City of Coppell, Dallas County, Texas, and the City of Grapevin rant
County, Texas, according to the map or plat thereof recorded under Document Number 20080 4 0
of the Map Records of Dallas County, Texas, and recorded in Cabinet A, Slide 12 the Plat Rec ds
of Tarrant County, Texas, and being more particularly described as follows: \\ 2
BEGINNING at a 1/z inch iron rod found for the southeast corner of t Lot 1R, g the northeast
corner of Lot 2, Block 1, Fellowship of Las Colinas Addition, an addi to to e City Coppell, Dallas
County, Texas, according to the map thereof recorded in Volum 28, e 7 of t ap Records
of Dallas County, Texas, and being in the west line of Lot 2, k 1, reeport o addition to the
City of Coppell, Dallas County, Texas, according to the map ereof recorded un r ocument Number
200600303588 of the Map Records of Dallas County, Texas, �I
THENCE North 89 degrees 45 minutes 20 seconds es wit th a of said Lot 2, a distance
of 350.01 feet to a 1/2 inch iron rod with a yello sta SURVEYING COMPANY"
(ASC) set for corner;
THENCE North 00 degrees 14 minursta
5 s 6n est, across said Lot 1R, a distance of 626.63 feet
to a 1/2 inch iron rod with a yellow ped " THUR SURVEYING COMPANY" (ASC) set for
corner;
THENCE North 24 degrees 03 min es 3 seconds East, across said Lot 1R, a distance of 25.88 feet to
a 1/2 inch iron rod with c sta SC" set for corner, said point being in the south line of
Northpoint Drive, an emg at t b inni a non -tangent curve to the left having a radius of 845.00
feet, a delta angle of degrees 43 ute 5 seconds, a chord bearing of South 77 degrees 48 minutes
24 seconds Ea a di to ce of 347.5 eet;
THENCE with th outh i f said Northpoint Drive and with said curve, an arc length of 350.00
feet to winch iron with a yellow cap stamped "ASC" set for corner, same being northeast corner
of �f o bein he northwest corner of Lot IR, Block I of said Freeport North;
T CE S 00 degrees 14 minutes 40 seconds East, with the east line of said Northpoint Addition
and th est lin said Freeport North, a distance of 578.36 feet to the POINT OF BEGINNING, and
containi .84 acres of land, more or less, and being subject to any and all easements that may affect.
BEING a portion of Lot 1R, Block 1 of NorthPoint Addition, an addition to the City of Coppell, Dallas
County, Texas, situated in the J. Gibson Survey, Abstract Number 1716, being described to Rapoport
Rebecca Trust and Rapoport Emily P Trust, recorded in Instrument Number 20080234110, Official
Public Records, Dallas County, Texas, being more particularly described by metes and bounds as
follows: (Bearings and distances are based on the State Plane coordinate System, Texas North Central
Zone (4202), North American Datum of 1983 (NAD83) (US foot) with a combined scale factor of
1.000136506);
Exhibit D- I to Easement and Restrictions Amendment — Page 1
COMMENCING at a'/z inch rebar found for the northeast corner of said Lot 1R, sambe being the
northwest corner of a tract of land described to NorthPoint Hotel Group, LLC, Instrument Number
201600131125, Deed Records, Dallas County, Texas, and lying on the southwest right of way of North
Point Drive (Variable Width Right of Way);
THENCE South 24 degrees 03 minutes 33 seconds West departing the southwest right of way line of
said North Point Drive, with the east line of said Lot I R and with the west line of said NorthPoint Hotel
Group, LLC tract, a distance of 25.88 feet to a 1/i inch rebar capped "ASC" found on the west line of a
tract of land described to NorthPoint Hotel Group, LLC, Instrument Number 201600131125, Deed
Records, Dallas County, Texas;
THENCE South 00 degrees 14 minutes 34 seconds East, continuing with the west line of said
NorthPoint Hotel Group, LLC tract, a distance of 25.76 feet to a'/2 inch rebar cap stamped "ASC" set
for corner, being the northeast corner of the herein described tract and THE POINT OF BEGINNING;
THENCE South 00 degrees 14 minutes 35 seconds East, continuing with the west line of said
NorthPoint Hotel Group, LLC tract, a distance of 296.41 feet to a found 1/2 inch rebar capped "ASC"
found corner;
THENCE North 89 degrees 58 minutes 50 seconds West, over, across, and through said Lot IR, a
distance of 59.95 feet to a 1/z inch rebar cap stamped "ASC" set for the southwest corner of the herein
described tract;
THENCE North 00 degrees 00 minutes 00 seconds East containing through said Lot 1R, a distance of
296.39 feet to a 1/z inch rebar cap stamped "ASC" set for the northwest corner of the herein described
tract;
THENCE North 90 degrees 00 minutes 00 seconds East, continuing through said Lot 1 R, a distance of
58.70 feet to THE POINT OF BEGINNING and containing 0.404 acres or 17,584 square feet of land,
more or less.
Exhibit D-1 to Easement and Restrictions Amendment — Page 2
Exhibit C
Description of the Easement Area
(See Attached)
Exhibit D -I to Easement and Restrictions Amendment. — Page 3
1,217 SQUARE FEET
SITUATED IN THE J. GIBSON SURVEY,
TRACT 1: ABSTRACT NO. 1716
CITY OF COPPELL, DALLAS COUNTY, TEXAS
BEING a 704 square foot tract of land situated in the J. Gipson Survey, Abstract Number 1716, in the City of Coppell, Dallas
County, Texas, being a portion of the remainder of Lot 1R, Block 1, Northpoint Addition, an addition to the City of Coppell,
recorded in Document Number 20080234110, Official Public Records, Dallas County, Texas, also being in Cabinet A, Slide
12987, Plat records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: (Bearings and
distances are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983
(NAD83) (US Foot) with a combined scale factor of 1.000136506);
COMMENCING from a 1/2 inch rebar capped "ASC" found for the northwest corner of Lot IR2, Northpoint addition, an
addition to the City of Coppell, recorded in 20180133281, Plat Records, Dallas County, Texas, same being the northeast corner
of said Remainder of Lot 1R and lying on the south right of way of Northpoint Drive (Variable Width R.O.W.);
THENCE South 24 degrees 03 minutes 33 seconds West departing the south right of way line of said Northpoint Drive, with the
west line of said Lot 1R2, same being the east line of said Remainder of Lot 1R, a distance of 28.55 feet to a 1/2 inch rebar
capped "ASCII found for corner;
THENCE South 00 degrees 14 minutes 35 seconds East with the west line of said Lot 1R2, same being the east line of said
Remainder of Lot 1R, a distance of 13.76 feet to THE POINT OF BEGINNING;
THENCE South 00 degrees 14 minutes 35 seconds East with the west line of said Lot 1R2, a distance of 12.00 feet to a 1/2 inch
rebar capped "ASCII set for corner;
THENCE North 90 degrees 00 minutes 00 seconds West over and through said Remainder of Lot 1R, a distance of 58.70 feet to
a 1/2 inch rebar capped "ASCII set for corner;
THENCE North 00 degrees 00 minutes 03 seconds West over and through said Remainder of Lot 1R, a distance of 12.00 feet to
a point for corner;
THENCE North 89 degrees 59 minutes 57 seconds East over and through said Remainder of Lot 1R, a distance of 58.65 feet to
THE POINT OF BEGINNING and containing 704 square feet or 0.016 acres of land, more or less.
TRACT 2:
BEING a 513 square foot tract of land situated in the J. Gipson Survey, Abstract Number 1716, in the City of Coppell, Dallas
County, Texas, being a portion of the remainder of Lot 1R, Block 1, Northpoint Addition, an addition to the City of Coppell,
recorded in Document Number 20080234110, Official Public Records, Dallas County, Texas, also being in Cabinet A, Slide
12987, Plat records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: (Bearings and
distances are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983
(NAD83) (US Foot) with a combined scale factor of 1.000136506);
COMMENCING from a 1/2 inch rebar capped "ASC" found for the northwest corner of Lot 1R2, Northpoint addition, an
addition to the City of Coppell, recorded in 20180133281, Plat Records, Dallas County, Texas, same being the northeast corner
of said Remainder of Lot 1R and lying on the south right of way of Northpoint Drive (Variable Width R.O.W.);
THENCE South 24 degrees 03 minutes 33 seconds West departing the south right of way line of said Northpoint Drive, with the
west line of said Lot 1R2, same being the east line of said Remainder of Lot 1R, a distance of 28.55 feet to a 1/2 inch rebar
capped "ASC" found for corner;
THENCE South 00 degrees 14 minutes 35 seconds East with the west line of said Lot 1R2, same being the east line of said
Remainder of Lot 1R, a distance of 322.16 feet to a 1/2 inch rebar capped "ASC" found for the southwest corner of said Lot 1R2,
same being the northwest corner of Lot 1R3, of said Northpoint Addition and being THE POINT OF BEGINNING;
THENCE South 00 degrees 14 minutes 35 seconds East with the west line of said Lot 1R3, a distance of 8.55 feet to a point for
corner;
THENCE South 89 degrees 59 minutes 57 seconds East over and through said Remainder of Lot Lot 1R, a distance of 59.99 feet
to a point for corner;
THENCE North 00 degrees 00 minutes 03 seconds East over and through said Remainder of Lot IR, a distance of 8.55 feet to a
1/2 inch rebar capped "ASC" set for comer;
THENCE South 90 degrees 00 inutes 00 seconds East over and through said Remainder of Lot 1R, a distance of 59.95 feet to
THE POINT OF BEGIN ntaining 513 square feet or 0.012 acres of land, more or less.
-(SARTHUR
LAND SURVEYING I PLATTING
X220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 LAND SURVEYING
FIRM REGISTRAT[DR0H5M1=0M
220 Elm St., 1 200 - Lewisville, TX 75057
Ph. 214.217.2544 - TFRNN 10063800
arthurs-eying.com Established 1986
DRAWN BY: G.L.C. DATE: 10/04/2016 JOB N0.:160115-1
Exhibit D
Depiction of the Easement Area
(See Attached)
Exhibit D-3 to Easement and Restrictions Amendment — Page 1
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