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HomeMy WebLinkAbout00070746Filed for Record in: BMW LINTY On: Dec 11,2001 at 08:00A As a NO LABEL RECORDING TEMPORARY BLANKET UTILITY EASEI XNusbrr: 6i0761752 Asount DATE DECEMBER 5, 2001 Receipt Nurber - 184804 By, Jaire Kelley GRANTOR: SYSTEM CAPITAL REAL PROPERTY CORPORATION, a Delaware corporation GRANTOR'S MAILING ADDRESS: McDonald's Corporation (including county) � 207 O. Box 66 / AMF O'Hare County icago, Illinois 60666 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77840 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: 8.00 Lot Four (4), Block Three (3), L. O. Ball Memorial Subdivision Phase II, City of College Station, according to plat thereof recorded in Volume 3582, Page 295 of the Official Records of Brazos County, Texas. Being the same property described in Warranty Deed dated February 1, 2001, from Delmar Rock Prairie, Ltd., a Texas limited artnership, to System Capital Real Property Corporation, a Delaware corporation, filed under Brazos County Clerk's File Number 0735941. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or "blanket" easement for various utilities, to be restricted hereafter to the as -built area, and defined by subsequent survey or plat. 2. GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE, its successors and assigns, an undefined easement in and to the above - described parcel of land; GRANTEE to install, maintain, repair, rebuild, operate, inspect and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment, under the above - described property. z� RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only of the right, privilege and easement for the aforesaid purposes. GRANTOR and its successors and assigns shall have the right to use and to grant to others the right to use the easement area for any purpose which will not unreasonably interfere with the safe and reasonable maintenance and operation of uistallations to be made by GRANTEE therein. determined by GRANTEE, and provided further that GRANTOR shall grant to GRANTEE a substitute easement, by instrument in recordable form providing for such relocation. 4. The easement is intended to be temporary, but the rights granted hereunder shall not terminate unless GRANTOR shall deliver a final "As Built" survey or plat, as approved by GRANTEE, showing the location of utility service, equipment, and facilities. The "As Built" survey or plat shall delineate a proposed permanent easement area to enable GRANTEE to maintain, repair, rebuild, and operate the equipment described in paragraph number 2 above, and GRANTEE or its successors shall thereafter execute an instrument in recordable form perfecting the rights existing hereunder in and to the "As Built" area. 5. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. SYSTEM CAPITAL REAL PROPERTY CORPORATION, a Delaware corporation BY: - CATHERINE A. GRIFFIN Title: APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. City Attorney THE STATE OF II 61 § COUNTY OF � U �tl § ACKNOWLEDGMENT This instrument was acknowledg&d before me on the da of ��F -Mb�.. 2 001, by SS15tA , of.SYSTEM CAPITAL REAL PROPERTY ' CO C�,o ORATION, a Delaware corporation on behalf of said corporation. thti� Iu y ��►f�, OFFICIAL SEAL No ary Public in and for the State of S LINDA L DONOVAN NOTARY PUBLIC, STATE Of IL JNM MY COMMISSION EXPW S:OGMAD4