HomeMy WebLinkAbout1984V747P834 315716
TEMPORARY BLANKET ELECTRIC POWER EASEMENT
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Made this /, -- day ofGe.- -x;G,4,,./ , 19P!
between TWIN CITY CHURCH OF CHRIST, a Texas Corporation ,
( hereinafter called "GRANTOR" ) and the CITY OF COLLEGE STATION, a
Texas Home Rule Municipal Corporation of Brazos County, Texas
( hereinafter called "GRANTEE" ) ,
WITNESSET H:
WHEREAS, GRANTOR is the owner of certain real property, which
GRANTOR intends to develop as a planned industrial facility,
described as follows :
A tract or parcel of land lying and being
situated in the Morgan Rector League,
Abstract No . 46, Brazos County, Texas, and
being a portion of a 17.44 acre tract
conveyed to Ronald Cruse , Trustee by Lillian
Thompson, et vir by deed recorded in Volume
477 , Page 315 of the Deed Records of Brazos
County, Tesxas .
WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or
"blanket" easement for an "Underground Electric Power Distribu-
tion System" , to be restricted hereafter to the as built area ,
and defined by subsequent survey.
NOW, THEREFORE, in consideration of
TEN
($10.00 ) , and the premises, covenants and NuundertakinngsLofsthe
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 :
1 .
unto GRANTEE, GRANTORsuccessors es herebyd agrant, bargain , sell and convey
and to the above-described gns, an undefined easement
in a
mniadin, repair, parcel of land; GRANTEE to install ,
tP , rebuild , operate , inspect and remove all under-
ground facilities, including conduits, duct lines, vaults , fit-
tings, 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 oy
those
portions of property area expressly designated thereforeor
approved byGRANTOR shall
installation, the usual differential pcostayor ofthe purssame,'underground
to
collateral agreements .
ivilege
easement for the
This
aconveyance
on ey nce is only of the right,
purposes . GRANTOR and itsrlessees , and
successors, and assigns shall have the right to use and to r
to others the right to use the easement area for any purpose
which will not unreasonably grant
able maintenance and operation toffinstallationsre with the stoebe and therein .
made by
2. GRANTEE covenants and agrees to interfere as
little as possible with the normal flow of vehicular and pedes-
6
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. The easement is intended to be temporary, but the
rights granted hereunder shall not terminate unless GRANTEE shall
deliver a final "As Built" Survey, showing the location of under-
ground service , equipment, and faciliities, the "As Built" Sur-
vey shall delineate a proposed permanent easement area to enable
GRANTEE to maintain , repair , rebuild , and operate the equipment
described in paragraph number 1 above , and GRANTEE or its succes-
sors 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 .
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their proper officers and their cor-
porate seals to be duly affixed , as of the day and year afore-
said .
TWIN CITY CHURCH OF CHRIST
.-:)2) (-1
RONNIE_ W. TREAT
Secretary/Treasur,er
(4z_ t_iiae...7
/ 'AMES B. GOOLSBY ,,
Approved as to Form
this document may not
be changed without
re-submiss 'on for approval
STATE OF TEXAS
CORPORATE ACKNOWLEDGMENT
COUNTY OF BRAZOS )
Th?. . instrument was acknowledged before me on the
n
Secretary/Treasurer of 1984, by RONNIE W. TREAT, as"" da °f—
Tw-corporation-, on behalf of lsaidtcorporation .Church ofy Christ a
� Texas
Notary Public
My Comm- Expires : -5=
STATE OF TEXAS
COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT
Texas, to-wit: A tract or parcel of land lying and being situated in the MORGAN
RECTOR LEAGUE, Abstract No. 46 , Brazos County, Texas, and being a portion of
a 17 . 44 acre tract conveyed to Ronald Cruse, Trustee by Lillian Thompson,
et vir by deed recorded in Volume 477, Page 315 of the Deed Records of Brazos
County, Texas, and being more particularly described by metes and bounds as
follows:
BEGINNING at the north corner of the aforementioned 17 . 44 acre tract, also
lying on the southeast right-of-way line of Southwest Parkway;
THENCE S 44° 39 ' 49" W along the said Southeast right-of-way line of
Southwest Parkway for a distance of 415 . 76 feet to the PLACE OF BEGINNING;
THENCE continuing S 44° 39 ' 49" W along the Southeast right-of-way line of
Southwest Parkway for a distance of 250 .00 feet to a point for corner;
THENCE S 45° 20 ' 11" E for a distance of 400 . 75 feet to a point for corner;
THENCE N 44° 39 ' 49" E for a distance of 250 . 00 feet to a point for corner;
THENCE N 45° 20 ' 11" W for a distance of 400 . 75 feet to the PLACE OF
BEGINNING and containing 2. 3 acres of land, more or less . And being the
same property described in a deed from Ronald Cruse, Trustee to Twin City
Church of Christ, recorded in Volume 512, Page 626, Deed Records of Brazos
County, Texas.
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EXHIBIT "A"
V(IL. 747P„'! 836
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