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HomeMy WebLinkAbout1981V481P245 • ST.&D/SAB/am 11 .1-° 9/26/80 STATE OF TEXAS ) WATER LINE EASEMENT COUNTY OF BRAZOS ) Know all men by these presents, that the ndersigned, CBL & ASSOCIATES, INC. , a Tennessee corporation, (thue "Grantor") , for and in consideration of the sum of One Dollar ($1. 00) to it cash in hand paid by the City of College Station, Texas, a municipal corporation in Brazos County, Texas, duly incorporated under the general laws of the State of Texas, the receipt of which is hereby acknowledged, has granted, sold, and conveyed, and by these presents does grant, sell and convey unto the said City of College Station, Texas (the "Grantee" ) , certain rights and interests in the form of an easement on and through the following described property: A temporary construction easement ten (10) feet either side of a centerline and a permanent utility easement five (5) feet either side of a centerline described as follows : Beginning at a point bearing S 45° 44 ' 00" E 30. 0 feet from the most northerly corner of the CBL tract, said corner also being the P. I. of the South ROW of State Hwy. 30 and the West ROW of State Hwy. 6; thence S 44° 43 ' 29 " E along the centerline of the proposed easement a distance of 95. 63 feet to a point, said point lying in the west ROW line of State Hwy. 6, said point also bearing S 27° 16 ' 04" E 100 . 00 feet from the most northerly corner of the CBL tract. Said easement is granted for the construction, mainten- ance, operation, repair, inspection and alteration by Grantee of underground water pipelines in the area covered thereby, together with reasonable rights of access thereto, for the purpose of pro- viding adequate water service to the retail shopping center and • related inprovements to be constructed by the Grantor on those lands of the Grantor adjacent and proximate to the above-described easement area. To have and to hold the rights and interests before de- scribed unto the Grantee, its successors and assigns forever, and the Grantor does hereby bind itself and its successors to warrant and forever defend all and singular these rights and interests unto the Grantee, its successors and assigns, against every person whom- soever lawfully claiming, or to claim the same, or any part hereof. Notwithstanding the foregoing, the acceptance of this instrument and the exercise of the rights granted Grantee is subject to and shall be deemed toconstitutenits by the acceptance of and agreement to the following terms and conditions : 1. The easement granted herein shall be non-exclusive in nature, and the Grantor may make such use of the easement areas as will not unreasonably interfere with the Grantee in the exercise of its rights hereunder, including the use of said areas for park- ing facilities and landscaping. If the easement areas or apart thereof shall be used by the Grantor forg or other po involving vehicular traffic, the Grantee covenants andagreesthat it will not block off said portion of the easement areas to be used for parking or vehicular traffic during peak shop including Christmas, except as maybe necessaryshopping forsonm, repairs, and that it will at all: times: minimize itspdisturbancegofcy the Grantor' s parking areas. 4TE I ECORTJrLS EURO 'clot 198800 MAY 7 19 1 _ f�NK Main � 1 ' . 245 ���i►�./i/fir Tau °•L,=== -,•-x-.�,.••..:..,cZ'..... " 1 `^�L 7 (Yie (Ai Ill.Ei ' Gar- yy1ri do etheJ. Vi • 216 . 2. In .the event the Grantee shall disturb the surface of the easerpent areas in the exercise of any of its rights here- under, the Grantee shall promptly restore said surface to its con- dition immediately prior to said disturbance, including the replac- ing of any paving and landscaping. 3. Upon request from the Grantor, the Grantee shall abandon and terminate the easement herein granted and remove its equipment therefrom, provided Grantor shall provide to Grantee sub- stitute easement areas (of size and location suitable for the purpose for which the easement areas are then being used) in which said pipelines may be located. The Grantor shall bear the expense of said relocation. • 4 . In the event the Grantee shall discontinue use of the facilities to be located within the easement area or shall fail • to exercise the rights granted hereunder to install said facilities for a period of thirty (30) consecutive days , the rights and ease- ments granted hereunder shall cease and terminate. IN WITNESS WHEREOF, the Grantor has executed this agreement as of the op/.qday of CXtF�` 198$. , A TES. : yC`, CBL & ASSOCIATES, INC. f+~ I / • �- 1 Proms i off,, • STATE OF TEXAS AWt COUNTY OF ) Before me, r./ V day personally appeared , � ? , on this me to be the person whose name is subscribed to Efie foregoing to instrument, and known to me to be the of CBL .& ASSOCIATES, INC. , a corporation and partner of COLLEGE STATION LAND COMPANY, and acknowledged to me that he executed said instrument for the purposes and consideration therein expressed, and as the act .of said corporation GIVEN under my hand and seal of office this ;".?/,.2-Y- day of , 1980. Alf s IA Aral. " My commission expires: Notar' Pub 1 c pUeV\ • -2-