HomeMy WebLinkAbout1982V530P6 ELECTRIC POWER EASEMENT
Made, this 6v41 day of Aly , 1982, Between
WESTINGHOUSE ELECTRIC CORPORATION, a Penn ylvania Corporation, (hereinafter
called "Grantor") and the CITY Of COLLEGE STATION, a Municipal Corporation of
Brazos County, Texas, (hereinafter called "Grantee"),
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property, which Grantor intends
to develop as a planned industrial facility, described as follows:
Being a part of 53.883 acre tract or parcel of land
lying and being situated in the Morgan Reactor Survey,
Abstract No. 46, College Station,
Brazos County, Texas, as described in a deed to
Westinghouse Electric Corporation recorded in Volume
475, Page 124 of the Brazos County Deed Records.
WHEREAS, Grantor is willing to grant to Grantee an undefined easement for an
•
"Underground Electric Power Distribution System."
Now, therefore, in consideration of TEN and 00/100 DOLLARS ($10.00), the
premises, covenants and undertakings of the parties hereunder, and the mutual
benefits and advantages accruing to the parties hereunder, the receipt and
sufficiency of all of which are hereby acknowledged, the parties covenant and
agree as follows: TSU_
E ' LED X32,6?
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At O'clock 1/ M
234372 JUL 301982 t ! O
F• RISKIE
Cou, : ' unty,Bryan.Texa:
ptr/1906J(1 )-1 By_11-ALA arffbi " Deputy O G/O l/82
SATE RECUSED e _d -s) t..
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VOL AGE�
1 . Grantor does hereby rant, bargain, sell and convey ..nto Grantee, its
successors and assigns an undefined easement covering a strip of land
twenty (20) feet in width and lying perpendicular to the northwesterly
property line; beginning at two (2) undefined points on the northwesterly
property line of the aforementioned 53.883 acre tract and extending to the
industrial facility, Grantee to install, maintain, repair, rebuild,
operate, inspect and remove all underground conduits, duct lines, vaults,
transformers, switch cubicles and other necessary or appropriate fittings,
appliances and equipment, under the aforesaid described property,
provided,_ that_Grantee shall have the right to install those elements of
said Underground Electric Power Distribution System above ground which
cannot be located underground only upon those portions of the easement
area expressly designated therefore by Grantor as set forth on Exhibit "A"
attached hereto and made a part hereof.
This conveyance is not intended to be, nor shall it be construed to be, a
conveyance in fee of the property but only of the right, privilege and
easement for the aforesaid purposes in the aforesaid described easement
area. Grantor and its lessees, 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 installations to be made by
Grantee therein.
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2._ Grantee covenants agrees to interfere as little ,.s possible with the
normal flow of vehicular and pedestrian traffic over and upon the site,
and to restore the surface of the site, whenever and wherever disturbed by
Grantee, to as good a condition as existed at the time of such disturbance.
3. Grantee hereby covenants and agrees that in the event of future
development or expansion of either the site or adjacent land, or both,
requires the relocation of the facilities already constructed and
installed in the easement area, Grantee will relocate such facilities, at
the request and expense of Grantor, provided such relocation is sound and,
feasible from an engineering standpoint as reasonably 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. All rights granted hereunder shall terminate no later than March 1 , 1983;
on or before March 1, 1983 Grantee shall deliver a final "As Built"
Survey, showing the location of underground service, equipment, and
facilities, the "As Built" Survey shall delineate a proposed permanent
easement area to enable Grantee to maintain, repair, rebuild, operate the
equipment described in paragraph number #1 above.
5. If at any time after the initial installation of the Underground Electric
Power Distribution System by Grantee there should be no further obligation
on the part of Grantee to provide electric power to Grantor by way of the
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Underground Electri ?ower Distribution System, Grantor shall have the
right to terminate this agreement and the rights of Grantee hereunder upon
thirty (30) days written notice to Grantee. In such event, Grantee shall
have no obligation to supply any further Electric Power to Grantor or its
successors or assigns to the industrial facility without subsequent
agreement. In the event of such a termination, Grantee shall have
ninety (90) days from the date of such written notice to remove its
equipment from the easement area and to restore said area to the condition
existing immediately prior to said removal . Any of Grantee's equipment
which remains upon or under the easement area longer than ninety (90) days._
from the date of the aforesaid written notice shall be deemed to have been
abandoned by Grantee, and such equipment will immediately become the
property of Grantor. The easement hereby granted shall forever terminate
and revest in the then fee owner of the real estate burdened by this
easement if the rights granted herein to Grantee are unexercised or unused
at any time subsequent to the initial installation of the aforesaid system
for a period exceeding ninety (90) consecutive days.
6. Grantee shall indemnify and save harmless the Grantor from and against all
losses, liabilities, claims or demands whatsoever (including without
limitation, costs and expenses in connection therewith) arising out of any
personal injury, including death, or resulting from, or out of any damage
to or loss or destruction of property, caused by the Grantee's use of said
easement.
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in' witness whereof, the Arties hereto have caused this agreement to be
executed by their proper officers and their corporate seals to be duly
affixed, as of the day and year aforesaid.
ATTEST: WESTINGHOUSE ELECTRIco,co ORATIQP4
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By: �% / ..��c� , • OA. wr DEPT
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Assistant Secretary Vice President'',,,
ATTEST: CITY OF COLLEGE STATION
BRAZOS COUNTY, TEXAS
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COMMONWEALTH OF PENNSYL VIA ) '
SS:
COUNTY OF ALLEGHENY )
•
On this -sfd day of J'X\E, , 1982, before me ,
JO nn � A yEnFc the undersigned officer personally appeared
bk C- who acknowledged himself to be the
Va. '�M5IdEJ,-,fi of. WESTING,OOUSE ELE TRIC CORPORATION, a
corporation, and that he as such \IlCE £ (G�&n being authorized
to do so, executed the foregoing instrument for the purposes therein contained
by signing the name of the corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
S21Notary Publc ; .r. fa
JoANN BENECKI,N0� •PUBLIC
PITTSBURGH,ALLEG �tJY ��•4
MY,COMMISSION EXPIRES MAY;3n19g ,,,
COMMONWEALTH OF TEXAS ) SS. Member,Pennsylvania Association of( 'Caries
COUNTY OF BRAZOS )
this 6`/k- day of --p , 1982, before me
,7.6-; Othe undersigned officer personally appeared .,
7 t ,8. 43 .j��C who acknowledged himself to be the
_7 4 , of CITY OF COLLEGE STATION,
and that /e as such ' �Z f� being authorized to do so,
executed the foregoing inspument folcthe purposes therein contained by
signing the name of t.c % . ea- f,.eet_, •
IN WITNESS WHEREOF, I hereunto set my hand and official seal .
4/ Ji .
j Notary Public
.a .�9 JANIS SCHWARTZ
>° v
Notary Public•State of Texas
:;, . � My Commission Expires; ,-/--S-g,
ptr/1906J(1 )-6 06/01/82
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M
• EASEMENT
MADE, this 6.4(11 day of91%1
1982, between
WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania corporation, (hereinafter
called "Grantor") and the CITY OF COLLEGE STATION, Brazos County, Texas
(hereinafter called "Grantee"),
WITNESSETH:
That for and in consideration of the sum of TEN AND 00/100 DOLLARS
($10.00) to be paid, the receipt whereof is hereby acknowledged, the Grantor
hereby gives and grants unto the Grantee an easement twenty (20) feet in
width, for the construction, placement, maintenance, operation, alteration,
repair, replacement and/or removal of electric transmission and distribution
lines and water lines consisting of cables or conduit, manholes, pumps, wires
and all other necessary and desirable fixtures and appurtenances of every kind
and nature for the transmission of electric service and water service on,
over, or under a portion of Grantor's property described as follows:
i
Being a part of 53.883 acre tract or parcel of land
lying and being situated in the Morgan Rector Survey,
Abstract No. 46, College Station, Brazos County,
Texas, as described in a Deed to Westinghouse Electric
Corporation recorded in Vol . 475, Page 124 of the
Brazos County Deed records; and said right-of-way
easement being more particularly described as follows:
Being a strip of land twenty (20) feet in width and
lying to the north of the following described line:
BEGINNING at the point of intersection of the
southeast line of the aforementioned 53.883 acre tract
with the northeast right-of-way line of State Highway
No. 6 East By-pass;
A ElLED
ptr/1845J(1 )-1 At- /n--O'clock-' M 5/20/82
234373 gut 3 0 1982
K : .-ISKIE
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THENCE by the illowing bearings and dimensio►. 'of:
N 43 degrees - 51 ' - 15" E 904.95 Feet
N 45 degrees - 43' - 47" E 333.31 Feet
N 46 degrees - 11 ' - 08" E 124.29 Feet
N 44 degress - 27' - 33" E 680.57 Feet
ALONG the southeast line of the said 53.883 acre tract
for a total distance of 2043.12 feet to the east
corner of the said 53.883 acre tract.
THENCE N 45 degrees - 00' - 00" W along the northeast
line of the said 53.883 acre tract for a distance of
189.07 feet to the end of said easement.
Said easement is granted upon the following terms and conditions:
1. Any work as set forth above shall be perfomed by Grantee at its sole
expense.
Grantee shall indemnify and save harmless the Grantor from and against
all losses, liabilities, claims or demands whatsoever (including without
limitation, costs and expenses in connection therewith) arising out of any
personal injury, including death, or resulting from, or out of any damage to
or loss or destruction of property, caused by the Grantee's use of said
easement.
2. Grantor covenants for its successors and assigns, not to contruct,
place, maintain or permit the construction, placement or maintenance of any
building or such structure upon, over or across said easement.
ptr/1845J(l )-2 5/20/82
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VEL ` WAGE 13
3. Grantor grants J Grantee the right of ingress .d egress over our
adjacent lands to or from said easement for the purpose of inspecting,
maintaining, constructing, reconstructing, repairing, operating and/or
removing said electric and water systems and any or all fixtures and
appurtenances thereto; the right to cut or trim trees and other foliage,
roots, brush and other obstructions in the easement, to the extent, in the
sole judgement of Grantee, as may be necessary to prevent possible
interference with the operation of said facilities and/or equipment or to
remove possible hazard thereto.
4. Grantorfurther convenants and agrees that no part of improvements
constructed, erected or placed on said land by Grantee shall be or become or
be considered as being affixed to or a part of said property and that all
improvements of every kind and nature constructed, erected or placed on said
land or any part thereof by Grantee or its licensee, shall remain the property
of the Grantee.
5. Grantor reserves the right to use and enjoy the property affected by
said easement except insofar as such use and enjoyment does not unreasonably
interfere with the exercise of the rights herein granted to Grantee.
6. If Grantee fails to use easement within one (1) year of the date
hereof or once commencing use of the easement/right-of-way discontinues the
use of the easement for a continuous period of one (1) year, then the right of
easement herein granted shall automatically terminate except that Grantee
shall continue to be obligated to Grantor under Paragraph 1 hereof for any
claims, loss, liability, demands, costs and damages arising out of Grantee' s
use.
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7. Grantee shall l _aair any damage to and/or rests.. ; the Grantor's
property if the need for such repair or restoration is caused by or arises out
of its use or enjoyment of this easement.
8. The right of easement herein is granted subject to prior rights,
conditions, covenants, easements, and encumbrances, if any to which the
Grantor's property is subject, specifically but not limited to the easement
granted to Grantee by Grantor of even date herewith for construction of a road.
9. This agreement is for the benefit of and shall be binding upon the
parties hereto, their successors or assigns.
10. This easement supersedes the fifteen (15) feet right-of-way easement
for a waterline dated February 20, 1981, Volume 475, Page 129, Deed Records of
Brazos County, Texas, granted by Glynn A. Williams, former Owner of the
property, to the City of College Station, Brazos County, Texas which is
herewith null and void.
ptr/1845J(1 )-4 5/20/82
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� • IN WITNESS WHEREOF, the parties hereto have caused ..nis agreement to be
executed by their proper officers and their corporate seals to be duly
affixed, as of the day and year aforesaid.
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ATTEST: WESTINGHOUSE ELECTR •FCOiD'ORATINN% ry
ZC ?i(°°\)at BY: ' £ .;o�v;
Assistant Secretary Vi,cc. ''= Lu.G�t+,, ►n , / 7:1%.‘"11‘
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ATTEST: CITY OF COLLEGE STATION,, BRAZOS
COUNTY, TEXAS
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ptr/1845J(1)-5 5/20/82
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STATE OF TEXAS C
COUNTY OF BRAZOS I
I, Frank Boriskie, Clerk of the County Court in and for Brazos
County, Texas, do hereby certify that this instrument was
FILED on the date and at the time stamped hereon and
RECORDED in the volume and page of the DEED Records of
said County on the date stamped hereon.
FRANK BORISKIE, COUNTY CLERK
Brazos County, Texas
i' ,
BY: /f/(at- A1.14, 1::" Zvi ,,• Deputy
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. - • 'COMMONWEALTH OF PENNSYL ,NIA ) '
SS:
COUNTY OF ALLEGHENY )
On this s cc day,of 5ur\' , 1982, before me
A nr� C the undersigned officer personally appeared
d — who acknowledged himself to be the
UCSe 1fs-5ir �t of WESTINGHOUSE ELECTRIC CORPORATION, a
corporation, and thathe as such \Ikcs Vl -51dEle,-i- being authorized
to do so, executed the foregoing instrument for the purposes therein, 1.4ntained
by signing the name of the corporation. , at.
IN WITNESS WHEREOF, I hereunto set my hand and official sea,
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,Vr J he!'
Notary kl icy do i
IoANN BENECHf,'►yp� yy��
PITTSBURGH,ACIEGHfi ,$ yip'1 ��
COMMONWEALTH OF TEXAS ) My COMM!SSfON EXPIRES MAY.'13;,zeas
) SS:
Member,Pennsylvania Association of Hotarias
COUNTY OF BRAZOS )
this 6 day of (:) , 1982, before me
T„ yuq Ee undersigned officer personally appeared
6 , 3<z t..e-e.Y who acknowledged himself to be the
of CITY OF COLLEGE STATION,
and that he is such 0 -cam •nn
— a being authorized to do so,
executed the foregoing instifument fot the purposes therein contained by
signing the name of G}j .ff ,g , J
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
, • A , /
Notary Public
2�>.......y9 JANIS SCHWARTZ
r
3 Notary Public-State of Texas
�' .,.,;;%' My Commission Expires:
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