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HomeMy WebLinkAboutACCESS EASEMENT (FARM POINTE)MT [R l7ES i�%7=1L�ItY�ti�fl]�u� F9S. r r .IZ r �T� 02/04/2020 02:14PM 2814710598 This instrument was prepared by and after recording return to: Hannah Handler Hostyk Sakowitz Bs Sakowitz, Chartered General Counsel — Pointe Companies 1132 Kane Concourse I Suite 200 Bay Harbor Islands, PL 33154 RECEPTION PRINTER ACC AS AG EMENT PAGE 02/13 ECEIVED FEB 011 2020 BY: THIS ACCES$EASEMEIVTAGREEMENT(this"Agreement".)istnade and enteredintothia ,;L r l day of 2019 by and between MLMIt'PROPERTIES, LLC, a Texas limited liability company, w.itlrari a;,, _[ef s u(,10165 West Fairmont Parkway; La Porte, Texas 77571 (hereinafter collectively referred to as "G for), and Farm Pointe Houston, LLC, aFlorida limited liability company (hereinafter referred to as "Pointe"). RECi<:TALS A. Grantor is the fee simple owner Ofthe real property described in Exhibit "A" attached herero (heroiva8er referrer! to as the "Fairmont Parcel"). 13. Pointe isthe contract purohaser.ofthereal propartydescribedinExhibit"S"attachedhereto (hereinafter referred to as the "Cotnmereial Parcel")'owned, by Grantor, C. As a condition of its purchase of the Commercial Parcel, Pointe requires and Grantor is willing to grant,an easement over a portion of the, Fairmont Parcel as shown on Exhibit "C" attached hereto (hereinafter referred to as the "Easement Parcelil) for the purposes of providing vehicular and pedestrian access, ingress and egress over and across the Easement Parcel to the Commercial Parcel. D. The parties desire to create an easement for the purposes stated herein. NUW TH$R&FO$&, in eonsidacation of the foregoing recitals, which aza hereby incorporated into this Agreement, as well as $10.00 and other good:and valuable consideration, iha receipt and suffteiency of which is hereby acknowledged, the parties agree,as follows; I. Reeltals. The foregoing recitals are true and correct and are hereby incorporated into this agreement. -r�r^*l�'fS..i�3a_illi�ItYltZiifP.Ya7G��:1� •. • t .I��S�IFLF;�t 02/04/2020 02:14PM 2814710598 RECEPTION PRINTER 2. Grant ofEasement. Grantor hereby declares, establishes, creates, conveys and delivers For the benefit of Pointe, a perpetual, non-exclusive ¢esement,right license, and privilege over, across, and upon the Easement Parcel for purposes of providing vehicular and pedestrian access,;ingress and egress between the Commercial Parcel and Fairmont Parkway.,In no event shall such easement be deemed or construed as granting any parking rights to.Pointe. 3, Restrticttoas and Covennnte. The Easement Parcel stia(1 be subjedf to fhe following estrictions and/or covenants which shall be binding on each Party hereto, ifs heirs, personal representatives, successors and assigns: (i) No obstruction to the free flow of hraffic or use ofthe Easement Area shall be caused or permitted by either Party hereto or theidtenants, customers, agents, licensee, employees and other business invitees without obtaining the prior written consent of the other Party heroto, exceptin the case of an emergency wherein such prior,wt tten consent is not reasonably attainable, 4. Polnle's Responaibilities..Pointe shalt' be solely responsible to repair any damages to mprovements in the Easement Parcel which are caused by Pointe or.any of its employees, agents, conhaetors, invitees or licensees. S. Terni of Easement, The Easement grantad and .imposed by. th{s agreement shall become effective on the date of this agreement and shall be perpetual, rutlnilig with the title to'tho Fairmont Parcel and the Commercial Parcel and remain, in full, force forever anti shall be binding upon. all parties or persons claiming under the parties hereto. 6. Enforcement and Attorneys' Fees. The rights and obligations granted or created hereby shall be enforceable by either ofthe partial hereto, or their respective successors or assigns, by injunction or by specific perforrnanee, or the parties hereto may, seek monetary damages, if appropriate, If any legal action or other proceeding or action is brought at the;enforceurent.of this agreement, or because of an alleged dispute, breach, default or misrepresentation ip connection with,any provision in this agreement the successful or prevailing party or parties shall We»tilled to -recover reasonable! attorney fees,. court costs, and all other expenses, even ifnottaxable court posts (including, without (imitation, all such foes, costs and expenses incident to arbitration, appellate, bankruptcy and post -judgment proceedings) incurred in that action or procecding.or any appeal, in addition; to arty other relief to which the party or parties may be entitled. 7. Reservation of Rights, Grantor beteby reserves unto itself, and its successors and assigns, the right to use the Pasement Parcel at any: end all tiMes for• any and allpurposes which do not interfere with the exeroise and use of the easement and other righi's granted herein. 8. Recording Agreement. The Parties agree that this Agreementshallberecorded inthe Public Records of Ifarris Cou»ty, Texas. 91 indemnification. Each party.hereto shall defend, indemnify and hold the other party harmless from and against arty claims, demands, liabilities, losses, costs and expenses (including ahomeys' lees and related expenses) (colleetively, "Claims") arising obt.ot any loss oflife, personal injury, property damage or adverse title claim in connection with the Site owned by the indemnifying party, except to the extent that any such Claim is caused by an act or ornission.of the non -indemnifying party, lD. Successors and .Assigns. The;rigbts, titles, interest, privileges and reservations heroin provided shall run with the title to the Paitmont; Parcel and the Commercial Parcel and shall inure to the ®;Z-St�- = i�0F.[M 02/04/2020 02:14PM 2814710598 RECEPTION PRINTER EPCOVAD FEB 0 4 2029 BY: benefit of the successors and assigns of the owners of said properties,, including without limitation, theh respective mortgagees, tenants, licensees, invitees, employees, and guests. Upon conveyance of either ilia Fairmont Parcel or the Commercial Parcel, the grantee thereof shall be deemed to have assumed all, of the obligations hereundet.relative to the parcel acquired and fhe grantor thereof shall be.deemedxeleased from all of the obligations hereunder relative to the parcel conveyed.. 11. Governing Law. This Agreement shall he governed by the'Jaws of Texas: 12. R'aiver of Jury Trial. EACH PA�tTY FILRETO WAIVE$ TRIAL BX TURY IN ANY ACTION, PROCEEDING, CLAIM, OR 'COUNTERCLAIM BROUGHT BY EITHER PARTY IN CONNECTIONWITH ANY MATTER ARISING OUT OF QR.IN ANY WAY CONNECTED WITH PHIS AGREEMENT AND/OR ANY CLAIMGOF INJURY, DAMAGE OR ADVERSE TITLE. THIS WAIVER IS KNOWINGLY, INTENTIONALLY. AND VOLUNTARILY MADE; AND EACH PARTY HEREBY ACKNOWLEDGES (i) THAT.NO QNE HAS MADE ANY` REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OR IN:ANY WAY MODIFY ITS EFFECT, AND (6) THAT EACH HAS READ AND UNDERSTANDS THE MEANING AND RAMIFICATIONS OF THIS WAIVER PROVISION. 13. Notices. Except .as otherwise proxifl@d herein, notices or other communications under this Agreement shall be in writing and shall be etfectavewhen sent, even if refused, when delivered personally, by overnight courier, or by certified or registeredimoil; postage,prepaid,or.byelectronib mail to each patty at the address set forth below (or to such other address.as either panty may from time to time provide the other). Any response to a notice shall be in writing and is thnelineas shall.be measured beginning upon the date of tirst delivery of such notice, even if such delivery, is refused. Addresses for Service o£Notiees; To Pointe: Farm Pointe Houston, LLC Attn: Alan Sakowitz 1132 Kane Concourse, Suite 200 Bay Harbor Islands, FL 33154 Phone:(305) 865-1923 Email: .a u-.mwitz4l� ointec r}ptuties.com To Grantor. MLMR PR'OPERTI}?S, LLC Attu: Monica.Rogers 10105 W. Fairmont Pkwy. La Porte, TX 77571 ' Phone: (281) 471-6834 Email: roger, 9rr� 760_u)comcase net ®:L m= FiS�Y�.=tEi�tY3tiiYi 3%T�[Til�: r, 02/04/2020 02:14PM 2814710598 RECEPTION PRINTER PAGE 05/13 ECEIVED FEB 0 4 2020 14. Entire Agreement, Modi. atlon and Waives, This 9grecmcm contains and embodies the oatite agreement of the parties with respect to thcisubject matter hereof and supersedes all prior agreements, negotiations, letters of intent, proposals, representations, warranties, understandings, and discussions between the parties. This Agreement may not be modi6ed',or changed in whole or in part in any manner other than by an instrument is writing duly sighed by both partles.hereto. Any waiver of any provision of this Agreement must be in writing and signed by the party allegedto.have waived such:provislon, and any single waivetshall not operate to waive subsequent or other dcfaults'. 1 S, No Joint Venture. Pothing.contained in this Agreement shall be consWed to make the Parties partners or joint venturers of to render any of said Parties liable for'the debts ordbligations of the other, except as in this Agreement expressly proV,ided. IN WITNESS WHEREOF, this Access Easement Agreemenf has been executed on the date set forth above. ,_; .... Print Name: AdLMR PROPERTIES, LLC, a Texas limitadliability coma Farm. Pointe Houston ,LLC a Florida limited liability company By: Farm :P Q'.., ,; LLC, its manager I cell i;, ':,dryngiit; Date; [acknowledgments coutainad onfollowing page] —4— t.�. - [rltl,'F1, 5�37Ttis'.ItY_ItiW.Ya7u��E��iFf�iC]'il�. r , � - 02/04/2020 02:14PM 2814710598 STATE OF TEXAS sst: COUNTX OP HARRIS RECEPTION PRINTER PAGE 06/13 ECEIVED FEB 0 4 2020 BY: 1 OVXRWYI CE9T1ft tbat the-(6re�bi ig,Jnstrtiir eiitwas acknowledged before me this F4/ day of .0 { 20i 9 byAIWLEN She 1s [ ]'�er5onally known to me or [ ]has pioducad a valid Iexap Mver's ltcens': as identification, and did [did rlpfJ.tlike: oath. ]Notary Stamp] I'r3ntNama Notary Public 'Stati o kptl`d� } f Serial No: I'r20�17 3U3 CHRI57WN WARREN Expires: 3 a'0'" ro Wt.s.eirmro+ My Commission '7'19�202 Comm. Bplrct OT-973 .: Ndary Ib 13309763III STATE OF'FLORIDA COUNTY OP MIAMI-AA DE i HEREI3X CERTIFY flint She foregoing instrumentwas acknowledged before me this 23"t day of 2019, by Maurice Egozi, as.manager of Farm Pointe Group, LLC, a Florida limited liability company, a manager. o ' AraY: Pointe Houston, LLC, a Florida limited liability company, on behalf of the Company. He is [ u'] perstrriglly (mown to me Cor ] ] has produced a valid Florida driver's license as identification, and did not take an oath. .: [Notary Stamp] f4.ibt ame i j"IM ,... M Notary Public Serial No: _l.(�j: My Comm sslfi[> Aires: pC_ 15- `acr j ygiRKI d'Fbide!�11afTa -5- 02/04/2020 02:14PM 2814710598 RECEPTION PRINTER PAGE 07/13 Legal Deaeripgon Of Fairmont Percel a;, ECEIVEU FEB 0 a 2020 BY: ®�.- momr. t•'I�95Cli"mil»GC1E• 02/04/2020 02:14PM 2814710598 RECEPTION PRINTER PAGE 08M ECEIVED FEB 0 4 2020 BY: EXHIBIT °B" Legal Description of Comm®rcial Parcel RESERVE A, WILLMONT COMMERCIAL PARK SUBDIVISION AMENDING PLAT, A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO MAP OR. PLAT THEREOF RECORDED UNDER FILM CODE NO. 638272, .MAP AND/OR PLAT RECORDS OF HARRI3 COUN'I'X, TEXAS. =7— 02/04/2020 02:14PM 2814710598 RECEPTION PRINTER PAGE 09/13 ECEIVED FEB 0 4 2020 BY: EZHieir.:.a Cross Accgsa..Easement Area: (9tteched) 02/04/2020 02:14PM 2814710598 RECEPTION PRINTER PAGE 10/13 XHIR(T ...PAGE 1 C7F 4 PAGFS ECEIVED FEB 0 4 2020 BY: County: Har013 RioJe¢tt Farm Store La. Porte M&B No.` 991164 05 dal} No: 1901 MPTES AND 80UNDS bE$CKIPTION OF U:2„?19,ACRE Being a tract of land 00 MftlInIng 0 28ti9 amra @I,664.sqwm feel •jecatad in theWilliamP Jones Survey AUgtradt 48� In H4rtla OkUEtty Tekde:::Said 6 2�1:g sclO tract being out of Restricted R;$Wve ak, 810dk 1 WIIImdrA.Cammer0JdI Park I IF 6III pdrvlsloIY;:Amending .Plat asrecorded iri Pifm,Gods tJumhtlr',(F.C:.�Jo } (188zZ2:+}f fh® Marrja Gnunty,'Map:Rocords (H.C,MIR:), same being to in the hArn6:Uf.MI.MR Properties. LLC;.in Harris Coy ity'Cterk's File (H G:C:F.) tJo 2.b09Q t79C16; Said U 3218'2cte,trad being:more parilcdtady deserlbad by metes and bo.Uh, 6$ naaclloWs ($II behtl'Ings..are.referenced to the Texas GooidihatbSystam of 1983 abutfi CentratZone); COMMENCING,.at a 5/8-4hch iron rod Ikund at th1.e,;:rrloat WaSterlg northwest corner of said Restricted fZeserVe "A .and the soujtrwest oorner of L,ot 4'3,'Block 59,:of'P�ilmont. Part( vast sectioh-8 asubdMs,on recorded In VoluM6 2.4 Page 79 of:Ihe H'G:M;R. on the east Right-df Way (Rio W ) hne �f Willrr;FFlont.Aosd (aixly.feaIF I t wide per F,IirrCode Number 658272:.WfthE.H.C:MR} ffom.Vy,.hichas/6Ind lrcn'ro¢!toundat,thosoutheast corner of" aid Lot 48 beats Noah 8.V "�0 394 Fast,a:dlstegoe.pf`120,44.feet; THENCE South 03' !1 F 37" East; wlth;t�s West,llne of said R.,es4rlEted Reserve A" and the east I'L:O.W. tlpe of said WdlmontRdatl� distancb of itt 41' feet to the no,(thWes4 corner arid. POINT OF ®EGINNIN6.af'.tHa herem;deacrlbed tract iNENCE, through and', across Bald ftestticted. Reseiye `Fl` the following's,k(C;)':Gpurees:. 11 NGrth 86^ 5:1:' 264 Last, adisfahes of FIA5,52,feett6.a poinCfoYthe nortIF herly northeast eo'rner of thiA.1harel1 1 IF Iratietl tied; 2. South p3°,07' 56` EastF A disjanc®.of 70,431eetto ap,arigle point; 3: North 80P 44',08 .EAM a:digtance _ef128.25 feet to,a, point for the:easieny northeast, corner'of the hoe,OJ•I deg6riti'ed tract;: 4. ,Sovth.03' 33' 42" East, a distance. of 2$;;51 Wtqjo an lAngla point; 5• South 8.ev 18' :5tr IF a diktahee of 3906:foatto:an angle point ®'.�-�[rf:B��Es=��li�SrYir�Itit+.Ta9u�V1:3It. •. .r Jt,�ir.I�T-�If 02/04/2020 02:14PM 2814710598 RECEPTION PRINTER PAGE 11/18 ECEIVEO i FEB 0 4 2020 B Y: ----__ EXHIBIT PAGE 2 OF 4 PAGES 8. South 030 31' 43" East, a distance of 25.95 feet'fe a pointon the south line of sald Restricted Reserve "A" ad- the .noNM:R.O:W. line of,Fairmont Parkway (two, hundred fifty feet wide per RC: No,1838272.of the H.C.M.R),, from which a 30inch iron rod found at.thii southeast corner of said Reeldcted Reserve "A" and the southwest corner bf Restricted Reserve "B" of said W ilmont Commerdal Park Subdlvision;Arnoding Plat bears North 860 50' 11" East, a dlatance.of 49,80 feet; THENCE, South 88° 50' 11"West,, with the south line of,eaid, Real'ricted Reserve "A" and the north R.O.W. line of said Fairmont' Parkway, a distance of 25.11. feet to'a point for the southerly southwest corner of the, hetein described tract; THENCE, though and across said Restricted Reserve "A`, the following six (8) courses: 1. 34.0Dteet alon0 the arc of acurva'to th®;left, havingaradius of 30.o04est, s: central angle of 660 27' 42", and 6 chord.that.boars North 40° 49' 55" West,.a distance of 32.86 feet to an angle point; 2. South 860 15' 27" West, a distance of 45.02.feetto:.a point at the beginning of a cum to the right 3. 35,54 feet along the are of said curve to the right; having a radius of 20.00 feet, a central angle of 166 49' 35"4 and a chord that bears North 460 00" 55" West, a distance of 31.05 feet to an anglii point; 4. North 030 00' 52" West, a.diatarrya of 33.01 feet to a point at the beginning of a curve to the left; S. 36.32.feet along the arc of said .curve to the left, having a radlus of 25,00 fast: a central angle of 830 14' 26", and 4 chord that bears North 47° 00, 13" West, a ' distance of 33.21 feet to an angle point; 8. South 880.55' Ot" Wast, a distanoe'of 87493 feet tc a point on the west line of said Restricted. Reserve W' andlihe east R;O.W. line. of said Willmont Road; Si✓��=�L�iIP�tliYki7u—�1'i�I�S .TiC7i�:fr�NLD�wj 02/04/2020 02:14PM 2814710598 RECEPTION PRINTER PAGE 12/13 E%HIBIT _,,,, PAGE,3. Or 4 PA©ES ECEIVEn FEB 0 4 2020 BY: THENCE, North 03° 13' 37" Weat, with;the west line; of said Rastfictetl. Reserve "A" and. the east R.O.W. line of said Wlllmont Raid, a distance.of ZC67.feelib the POINT OF BEQINNING and containing 0.2219 acre (9;064. square feet) of land, An Exhibit Map of the herein Oesccibetl tfact was prepared In conjunction with and accompanies this 065crtptlon. .p, tviexkq R., Chris Rhodes, F2:P:L.SI Texas Raglsttatlon Number 6532 CVIL-BURN LAND SURVEYING,.LC. PH: (713) 839-8181 June 27, 2019 r+asvre.� '✓�7�=�1�'S�Y_Z�)�Si 87�5� ' . JC S iFIT1�k 02/04/2020 02:14PM 2814710598 RECEPTION PRINTER PAGE 13/13 aiVED FEB 0 4 2020 WILIMONT FtOAu ``�j . po. a7Bty2— Kehl'", . Li CO .. 1�� - S:y as uaIlk a°L+�e M fl t P FFFFF �y fII 111' a", ILA 1� 0MID C aa 5` s o. fh T A b