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1985 AUG - I PM to 08
TEMPORARY BLANKET ELECTRIC POWER EA �q y, ' 1� , G�..,,
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Made this 1st day of August, 1985, betvt AhL-k�4 PUJ
INCORPORATED, a Texas Corporation, (hereinafter called "GRANTOR )
and the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Cor-
poration 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 :
Block B, Lots 2, 3, 5, & 6 and Block D,
Lot 7 as shown in the final plat for
Ashford Square, College Station, Texas,
and filed June 30, 1983 , file number
268654, with the County Court, Brazos
County, Texas.
WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or
"blanket" easement for an "Under round Electric Power Distribu-
tion System" , to be restricted herea ' 'er' te'�tfie' as 1uilt area,
and defined by subsequent survey.
NOW, THEREFORE, in consideration of TEN AND NO/100 DOLLARS
($10.00 ) , and the premises, covenants and undertakings of the
parties hereunder, and the mutual benefits and advantages accru-
ing to the parties hereunder, the receipt and sufficiency of all
of which are hereby acknowledged, the parties covenant and agree
as follows :
1 . 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 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 only upon
those portions of property area expressly designated therefore or
approved by GRANTOR. GRANTOR shall pay for the underground in-
stallation, the usual differential cost of same, pursuant to
collateral agreements.
This conveyance is only of the right, privilege and
easement for the aforesaid purposes. 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 reason-
able maintenance and operation of installations to be made by
GRANTEE therein.
2. GRANTEE covenants and agrees to interfere as lit-
tle as possible with the normal flow of vehicular and
pedestrian
traffic over and upon the site, and to restore the surface soflthe
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 the future development or expansion of either the site or
adjacent land, or both, requires the relocation of
the facilities
VOL 81 -1 )42 /
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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 re-
location.
4. GRANTOR warrants that the right of GRANTEE shall be
superior to those of all persons claiming under or through GRAN-
TOR 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.
JAN-WIC, INCORPORATED
BY: ,54(4444$41w/''
eve Hansen,
Vice President
Approved as to Form
this document may not
be changed without
re-submissio for approval
STATE OF TEXAS )
COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged before me on the 1st day of
August, 1985, by STEVE HANSEN, as Vice President of JAN-WIC,
INCORPORATED, a Texas Corporation, on behalf of said corporation.
..,l, / /1 ' /I.
Notary Public in and for
the State of ' E X AS
Printed Name: �
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My Comm. Expires: -L -;�i
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