Item 7BH
1
l � EASEMENT AGREEMENT
This Easement Agreement (this "Agreement ") is made and entered into by and between Jay
Wasserman. and Christina Wasserman: (collectively herein "Grantor ") and Robert J. Gray and
Sara J. Gray (collectively herein "Grantee "). This Agreement is also approved, consented and
subordinated to and otherwise acknowledged by Distinctive Mortgage, Ltd., a Texas limited
partnership and Mortgage Electronic Registration Systems, Inc. as Nominee for Distinctive
Mortgage (herein "Grantor's Lender ") through Aurora Loan Services, 601 Fifth Avenue, P.O. Box
1706, Scottsbluff, NE 69363 -1706, servicer.
RECITALS
A. Grantor is the owner of the real property described on Exhibit "A" attached hereto
(herein "Grantor's Land "),
B, Grantee is the owner of the real property described on Exhibit "B" hereto (herein
"Grantee's Property ").
C. Grantee's Property is located adjacent to and immediately north of Grantor's Land as
reflected on the plat attached hereto as Exhibit "C"
D, Grantor's Land is currently encumbered by that certain ingress and egress easement
benefiting Grantee's Property (the "Existing Easement ") as expressly granted in: (i) that certain
warranty deed dated June 20,1997 from Mary L. Arnold and Elmer Youngblood to Joseph M. Reilly
and Nanette M. Reilly recorded in Volume 12827 Page 330 and Instrument D197122020 Real Property
Records, Tarrant County, Texas; (ii) as conveyed to Brian A. Crook and Kathleen A.. Crook recorded
as Instrument D200242002, Real Property Records, Tarrant County, Texas; and (ii) and conveyed to
Grantee in that certain warranty deed dated March 12, 2004, recorded as Instrument D2040 &0711, Real
Property Records, Tarrant County, Texas.
E. Grantor's Land was conveyed to Grantor subject to the Existing Easement as stated in
the warranty deed dated May 26, 2006 filed for record on July 7, 2006 from Mills Custom Noires, L. P.
to Grantor and recorded as Instrument D206205392, Official Public Records, Tarrant County, Texas
(the "Deed "). Grantor's Lender's Deed of Trust liens are recorded as: (i) D206205395 and
D206205396 recorded on July 7, 2006, Official Public Records, Tarrant County, Texas, and (ii) the
vendor's lien reserved for the benefit of Grantor's Lender appears in the Deed (collectively the
"Liens ").
F. Grantor has requested Grantee to enter into this Agreement so as to relocate the Existing
Easement to the eastern boundary area of Grantor's Land as described below in Recital "G" and
Grantee is willing to agree to the relocation of the Existing Easement in accordance with all of the
terms and conditions herein,
G, The parties desire to relocate the Existing Easement to: the eastern -mast twenty (20')
feet of Grantor's Land, and provide for a fifteen (15') foot wide concrete entrance approach structure
as required by the City of Southlake, Texas from the southern most boundary line of said portion of
Grantor's Land. The aforesaid concrete entrance approach has been constructed and approved by the
City of Southlake. The parties agree that the new easement shall be located on Grantor's Land as
reflected on Exhibit "C" (the "New Easement Tract ").
H. Grantor's Lender hereby acknowledges that the release of the Existing Easement will
benefit Grantor's Lender and Grantor.. Accordingly, in consideration of Grantee agreeing to relocate
the Easement (as defined herein) to the Easement Tract and in accordance with this Agreement,
Grantor's Lender hereby agrees that the Lien's are and for all purposes shall always be subordinate,
secondary and inferior to the New Easement and the right of the current and all future owners of
Grantee's Property.
NOW, THEREFORE, for and in consideration of the premises and in further consideration of
the mutual benefits and consideration each of the parties has received from the other, the parties agree
to this Agreement and hereby agree as follows:
I. GRANT OF EASEMENT
L New Easement Grantor hereby grants and conveys to the current and all future owners
of Grantee's Property an exclusive, perpetual easement for ingress and egress and for the other rights
stated herein on, across, over the Easement Tract for all purposes (the "Easement "). Grantee and all
subsequent owners of Grantee's Property shall have the right, but not the obligation, to construct a road
on the Easement Tract for the use and benefit of Grantee and all subsequent owners of Grantee's
Property, .
2. Approvals/Improvements /Additional Obligations, etc In further consideration of
this Agreement, Grantor covenants and agrees to: (i) have a surveyor stake out the location of the
Easement Tract with wooden stakes at least 3' high which shall be no more than 25' part from one
another; (ii) pay Grantee 52,000.00 toward reimbursement of Grantee's attorney's fees incurred in
connection with this Agreement; (iii) reimburse Grantee for all actual costs incurred to obtain a partial
release from Grantee's lien holder; (iv) Grantor's payment of any outstanding or future assessment by
any governmental entity related to the easement; and (v) the payment of all County Clerk recording
fees related to this Agreement or otherwise described herein. Grantee shall have the right, but not the
obligation, to install gates at the north and south ends of the Easement Tract and to place locks on such
gates. The easements granted herein are solely for the benefit of the current and all future owners of
Grantee's Property, their respective employees, tenants, licensees, invitees, agents, representatives,
independent contractors, successors and assigns, is private and is not intended to grant any rights to the
public. The owners of Grantee's Property are expressly authorized to block access to third parties so
as to prevent the Easement from becoming a right- of-way by prescription or otherwise. The failure of
Grantee to exercise such right will not be deemed a grant of rights to the public or any other third
parties.
3. No Abandonment of Utility Easement Under no circumstances shall the owner of
Grantor's Land ever abandon or attempt to abandon the existing five (5') foot utility easement which is
currently Iocated along the eastern boundary line of Grantor's Land without the prior written consent
of the then existing owner of Grantee's Property.
4. O_bstrpctions/Drainape No activities will be conducted on Grantor's Land which will
in any way create an obstruction, blockade, or otherwise hinder, inhibit or prevent the Easement Tract
from being available at all times for ingress and egress to and from Grantee's Property. Activities or
future construction or development on Grantor's Land shall be performed in such a manner as to
2
prevent surface water runoff from coming upon the Easement Tract. If either; (a) the aforesaid
concrete approach serving the Easement along W. Highland Drive requires maintenance or
replacement, or (b) any portion of the Easement becomes unusable or is no longer safe due to surface
water run off from Grantor's Land, erosion due to such surface water run off, soil condition, water
springs, septic activity, etc., them the owner of Grantor's Land shall within 30 days of written notice
from the owner of Grantee's Property: (i) pay for the necessary repairs or correction of the problem; or
(ii) reimburse Grantee for all costs incurred to correct such problem. Otherwise, all repair and
maintenance expenses related to the Easement Tract shall be borne by the owner of Grantee's Property,
S. Lender's Consent, Subordination As described in the Recitals to this Agreement,
Grantor's Lender is the owner and holder of the Liens, For good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, and in further consideration of Grantee
allowing for the Existing Easement to be relocated to the Easement Tract, Lender hereby: (i) consents
to Grantor's conveyance of the Easement; and (ii) acknowledges that Lender's rights concerning the
Liens on Easement Tract shall be subordinate, secondary and inferior to the Easement and all rights
granted herein by Grantor to the owners of Grantee's Property..
f►. Covenants Running With Land The Easement and covenants created herein and the
covenants, rights, privileges, benefits, obligations and liabilities created hereunder shall run with the
Iand and shall burden the Easerent Tract and the remainder of Grantor's Land and shall be binding
upon Grantor, their legal representatives, tenants, employees, successors and assigns and all future
owners of Grantor's Land.
11. CONDITIONED TERMINATION OF PREVIOUS EASEMENT
For and in consideration of: the Easement conveyed herein by Grantor to the owners of
Grantee's Property; the subordination of the Lien by Grantor's Lender's and the other covenants from
Grantor to Grantee; the complete execution and recordation of this Agreement; and Grantee's receipt
of all of the payments described above in Article I, Section 2; all necessary consents, approvals,
permits from governmental authorities and performance of Grantor's covenants as itemized in Article
1, Section 2 above, Grantee agrees to quitclaim, terminate, abandoned, or otherwise convey to Grantor
all rights concerning the Existing Easement in such a manner as to terminate such Existing Easement;
provided however, Grantee shall not, under any circumstance, be deemed to have waived, terminated
or otherwise effected the Easement granted herein and the other rights and obligations of the parties as
stated in this Agreement..
III. MISCELLANEOUS
1. No Waiver Failure on the part of either party to complain of any action or inaction on
the part of the other party no matter how long the same may continue shall not be deemed to be the
waiver of any such party's rights hereunder. Furthermore, it is covenanted and agreed that no waiver
at any time of the provisions hereof by either party shall be construed as a waiver of any of the other
provisions hereof and that a waiver at any time of any of the provisions hereof shall not be construed at
any subsequent time as a waiver of the same provisions, The approval of either party to or for any
action by the other party requiring that party's consent or approval shall not be deemed to waive or
render unnecessary the party's consent or approval to or of any subsequent similar act by the other
party.
party's consent or approval shall not be deemed to waive or render unnecessary the party's
consent or approval to or of any subsequent similar act by the other party.
2. Arnendments/Modifications This Agreement may not be modified, terminated
or amended except by written agreement signed by the parties or their successors in title and
recorded in the real property records of Tarrant County, Texas.
3. No Partnership Nothing contained in this Agreement shall be construed to
make the parties hereto partners or joint venturers or to render either of said parties liable for the
debts or obligations of the other.
4. Partial Invalidity If any term, provision or condition contained in this
Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall
not be affected thereby and each and every other term., provision or condition of this Agreement
shall be valid and enforceable to the fullest extent permitted by law.
5. Captions The captions of the paragraphs of this Agreement are for convenience
only and shall not be construed or referred to in resolving questions of interpretations or
conditions.
6. Counterparts This Agreement may be executed in two or more counterparts,
and it shall not be necessary that any one counterpart be executed by all of the parties hereto.
Each fully or partially executed counterpart shall be deemed an original, but all such counterparts
taken together shall constitute but one and the same instrument.
7. Successors and Assigns. The terms of this Agreement shall be binding upon and
shall inure to the benefit of Grantor and Grantee and their respective successors and assigns.
SIGNED effective this } 0 - day of MZ"i _ _ 2007
GRANTOWS LENDER:
Mortgage Electronic Registration Systems, Inc. as Nominee for Distinctive
Mortgage
By:
Printed Name:
Its:
C: h r; s-jth a
party's consent or approval shall not be deemed to waive or render unnecessary the party's
consent or approval to or of any subsequent similar act by the other party.
2. Amendments/Modifications This Agreement may not be modified, terminated
or amended except by written agreement signed by the parties or their successors in title and
recorded in the real property records of Tarrant County, Texas.
3. No Partnership Nothing contained in this Agreement shall be construed to
make the parties hereto partners or joint venturers or to render either of said parties liable for the
debts or obligations of the other.
4, Pnrtiai Invalidity. If any term, provision or condition contained in this
Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall
not be affected thereby and each and every other terror, provision or condition of this Agreement
shall be valid and enforceable to the fullest extent permitted by law.
S. Captions The captions of the paragraphs of this Agreement are for convenience
only and shall not be construed or referred to in resolving questions of interpretations or
conditions.
6. Counterparts This Agreement may be executed in two or more counterparts,
and it shall not be necessary that any one counterpart be executed by all of the parties hereto.
Each (ally or partially executed counterpart shall be deemed an original, but all such counterparts
taken together shall constitute but one and the same instrument.
7. Successors and Assip_ns The terms of this Agreement shall be binding upon and
shall inure to the benefit of Grantor and Grantee and their respective successors and assigns.
SIGNED effective this ._.1 '� day of M " , 2007.
GRANTOR'S LENDER;
Mortgage Electronic Registration Systems, Inc, ns Nominee for Distinctive
Mortgage
By �Aa
Printed Name: �L�� �. 1' :•�r�/ _ `F'� �� ••��
Its.
4 nrnsuusswN
Cht 1s 0 ou
06/ 11:50 FAX 81731 K zLG= LnW OFFICE
GRANTOR'S LENDER.:
Di9ductiive Mortgage, lA d, a Texas limited paxtctersbip
By: Distinctive GB, LLC, gencr4lpwtner
By: Daryl g Homes, Inc., v ,WmapgeT and solo member
By: z
Narne:
Its:
Spa 3. Gray /
GRANTEE'S LENDER
Sank of America N.A.
BT..
Name:
Its: .�
THE STATE OF TEXAS §
COUNTY OF — L o III o _ §
0 007
i iris ent was acknowledged efore me an &is �._ d ay of � � ��iP _ -- � 2007 by
� r � of Marling Homes, Inc., sole manager and sole
member ofDistiactive GP, LLC, gmeral partner of DW=dve Mortgage, Ltd, a Texas limited
partnership, on behalf of said �
sr
;,'• ;,�t, <� „�; NNE RI.ACK6Uf:f3 S - -- _
� otuy ,i ty ub C
NoO nl f S7'i "•,
Jr- r tl � f 1ex5 S l� c" tuto of Tex
MV (.�u[nini;:r4Ui'1 GX(3i1C ,l
THE SME OF NEW YORK §
COUNTY OF §
This mstn ment was wk nowledgel before me on this __-- day of _ _ , 2007 by
_ of Bank ofAmmica N.A. a
on behalf of said
Notary Public -- State of New York
J"UN -08 -2007 10 :47AM FAX :8173100999 ID:DARLINC HOMES PAGE:007 R=95%
GRANT'OR'S LENDER:
Distinctive Mortgage, Ltd, a Texas limited partnership
By: Distinctive GP, LLC, general partner
By: :Darling Homes, Inc. sole manager and sole member
Name:
Its:
President
GRAN EE:
I t I G _
Robert 1. y ara J. C;r y t
GRANTEE'S LENDER:
Bank o' erica. N.
By: _ . )q QAM
Name: 9 '
Its: AwM" Viea
THE STATE OF TEXAS r)&w i�. orb' §
COUNTY OF
This instrument was acknowledged before me on tHs day of , 2007 by
of Darling Homes, Inc., sole manager and sole
member of Distinctive GP, LLC, general partner of Distinctive Mortgage, Ltd, a Texas limited
partnership, on behalf of said limited partnership.
Notary Public - State of Texas
THE STATE OF NEW YORK §
COUNTY OF �'� § `}R"
This instrument was acknowledged before me on this day of J _ , 2007 by
(Ina v X) of Bank of America N A. a
on behalf of said I - 0n 7 y n n
Notary Public - State of York
Low WSVTMS. REG 0 (n NA508M
f ot Hew *k
Vy � 17 , o0
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this ) l "- day of
by Jay Wasserman and Cristina Wasserman.
.`uti0 Nlou DEBBIE MEI,SON Q tll]iiG State ofT as
s: % Notary Public, State of Texas y
Arty Commission Expires
,,� Jortuaty 27, 2006
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this Z J day of _ Ja y ---. - - ,2007
by Robert J. Gray and Sara J. Gray.
Not lie — State of Texas
THE STATE OF
C{3UNTY OF _ a�?��Jr'I
This instrument was acknowledged before me on this zs day of , 2007
by � �_ �r S j J 6r �j of Mortgage Electronic Registration
Systems, Inc, as Nominee for Distinctive Mortgage, on behalf of said corporation.
z+r �
Notary is — State of
EX11113IT "A"
Legal Description of Grantor's Land
Lot 1, 13lock 1, ARNOLD ESTATES, an Addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 387, Map/Plat Records, Tarrant County, Texas.
SAVE AND EXCEPT a portion of Lot 1, Block 1, ARNOLD ESTATES, an Addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded on Slide 387, Cabinet A, in the
Tarrant County flat Records and being a portion of a tract as recorded on Page 281 of Volume 6008 in
the Tarrant County Deed Records and being more particularly described as follows:
BEGINNING at a found '/2 inch iron rod at the Northeast corner of said Lot 1 and being the Northwest
corner of a 5.0 acre tract as recorded in Page 861 of Volume 643:3 in the Tarrant County Deed Records
and being by deed South a distance of 7125 varas, West a distance of 475 varas, and S 89 degrees 32
minutes W, a distance of 462..3 feet from the Northeast corner of the T. M. Hood Survey, A -706,
Tarrant County, Texas;
THENCE S 0 degrees 19 minutes 04 seconds E along the East line of said Lot 1 a distance of 251.98
feet to a set 518 inch iron rod;
THENCE S 89 degrees 32 minutes W a distance of 345,49 feet to a set 518 inch iron rod in the West
line of said Lot 1;
THENCE N 02 degrees 26 minutes W along the west line of said Lot I a distance of 251.98 feet to a
found 518 inch iron rod at the Northwest corner of said Lot 1;
THENCE N 89 degrees 32 minutes E along the North line of said Lot 1 a distance of 34b.0 feet to the
PLACE OF BEGINNING, and containing 2.00 acres or 87,121 square feet of land.
M
EXXHIBIT "B"
Legal Description of Grantee's Property
Tract 1
Being Lot 2- B -2 --A, Block 1, of BURNETT ACRES ADDITION, an Addition to the City of
Southlake, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388 -171, Page 71,
of the Plat Records of Tarrant County, Texas.
Tract 2
Being a portion of Lot 1, Block 1, ARNOLD ESTATES, an Addition to the City of Southlake, Tarrant
County, Texas according to plat recorded in Cabinet A, Slide 387, Plat Records, Tarrant County, Texas
and being more particularly described by metes and bounds as follows:
BEGINNING at a found 518 inch rod at the northeast corner of said Lot 1, said addition;
THENCE South 00 degrees 19 minutes 00 seconds East, a distance of 251.98 feet along the east line of
said Lot;
THENCE South 89 degrees 32 minutes 00 seconds West, a distance of 345.49 feet to a point on the
east line of .Lot 2- 13-2 -B, Burnett Acres Addition, from which a found 1 12 inch iron rod bears North 24
degrees, 08 minutes 24 seconds West, a distance of 0.49 of one foot;
THENCE North 00 degrees 26 minutes 00 seconds West, a distance of 251.98 feet along the west line
of aforesaid Lot 1 to a point from which a found'/ inch iron rod bears North 25 degrees 48 minutes 24
seconds East, a distance of 0,52 of one foot;
THENCE North 89 degrees 32 minutes 00 seconds East, a distance of 346.00 feet along the north line
of said Lot 1, to the Point of Beginning and containing 87,121 square feet or 2.000 acres of land,
Together with the following ingress and egress easement:
Centerline of a 20 foot ingress and egress easement in Iaot 1, Block 1, ARNOLD ESTATES, an
addition to the city of Southlake, Tarrant County, Texas, according to the plat recorded I Cabinet A,
Slide 387, Plat Records, Tarrant County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING in the north line of W. Highland Road and being by deed call South 89 degrees 32
minutes 00 seconds West, a distance of 244.93 feet from the southeast corner of said Lot 1;
THENCE North 09 degrees 00 minutes 00 seconds East, a distance of 171.13 feet;
THENCE North 23 degrees 00 minutes 00 seconds East, a distance of 82.00 feet;
THENCE North 02 degrees 00 minutes 00 seconds West, a distance of 130.75 feet to the south line of
a 2.00 acre tract..
M
M
EXHIBIT "G"
Plat Reflecting Location of Grantor's Land,
��-- Grantee's Property, and the Easement Tract
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MR & MRS ROBERT J GRAY
1275 SHADY OAKS DRIVE
SOUTHLAKE TX 76092
Submitter: RICHARD M KILGORE
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
PORT WORTH:, TX 76196 -0401
DO NOT DESTROY
MRNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For R gistretlon: 0810712007 02:31 PM
In meet #: D207276762
A 13 PCsS $60.00
1 lllllllllll (llll IIII 11111(llll lull 11111 VIII Ilil11111 IIII
0207276762
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Wuest Number 198017
Requaled [3y CITY 1OF SCOCITIHILAKE
AL 991130007 MRS PPVP
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at ,, O9,;l3f23 12 PM
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