HomeMy WebLinkAbout1986V893P42 •
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TEMPORARY BLANKET ELECTRIC POWER EAStMEN'i'
Made t i
h s
.e day
9
of .�%c-rc�c� h 986'
between TEM-KIL CO. , INC. , a Texas Corppr tion, (hereinafter
called "GRANTOR" ) and the CITY OF COLLtGE 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:
Being a 0.27433 acre ( 11 ,950 s. f. ) tract or parcel of
land lying and being situated in the Morgan Rector
League, Abstract No. 46 , and being part of the 9. 32
acre tract of land conveyed to Jan-Wic, Inc. , by
Kenneth C. Krenek by deed recorded in Volume 627 , Page
170 , Deed Records, Brazos County, Texas more particu-
larly described in the attached Exhibit "A" .
WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or
"blanket" easement for an "Unde rg d E,1 c Power Distribu-
tion System" , to be restricts hereafter to the as built area,
gia-aefinea 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 col-
lateral 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
little as possible with the normal flow of vehicular and
pedes-
trian 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 the future development or expansion of either the site or
adjacent land , or both, requires the relocation of the facilities
VOL 893 PAG. 42
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170541
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 . 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 corp-
orate seals to be duly affixed, as of the day and year aforesaid .
TEM-KIL CO. , INC.
L2'4""
By. A
Ri- hard A. Dewitt, President
Approved as to Form
this document may not
be changed without
re-su1 issio / for approval
STATE OF TEXAS )
COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT
This i rument was acknowledged before me on the
, 1986, byRichard A. .9...r-e6 day of
of T it Co. , Inc. , a Texas Corporation, on behalfsofrsaident
corp ration.
�-' Notary Public in and for
the State of T E X A S
Printed Name:
My Comm. Expire : 77-7_ rp
E. A. i1EiSARLlNG
......
NOT":n`;' l' ' `.'.. of Texas
My C
—2— QQ�
��i 89 1 PAM- 43
- - GALIN 0 ENGINEERS AND T ANNER S
•
4103 S.Texas Avenue,Suite 204 P.O. Box 3322 Bryan,Texas 77805 1?AN 260-9191
(409)
r 0.27433 Acre Tract
Part of 9.32 Acre Krenek Tract •
23-83
College Station, Texas
Being a 0.27433 acre (11 ,550 s.`f. ) tract or parcel of Iand lying
and being situated in the Morgan Rector League, Abstract No.
46, and being part of the 9.32 acre tract of land conveyed to
Jan-Wic Inc. by Kenneth C. Krenek . •by deed recorded in Volume
627, Page 170, Deed Records, Brazos County, Texas and being
more properly described as follows:
Commencing at an iron rod marking the northwesternmost corner
of Lot 1 , Block A, Ashford Square Subdivision, College Station,
Texas, platted and recorded in Volume 590, Page 269, Deed Records,
Brazos County, Texas, said rod also located on the southern right
of way I ine of Southwest Parkway;
THENCE S 44°39'49" W along the southern right of way Iine of
Southwest Parkway for a distance of 413.88' ;
C THENCE S 47°0'0" E for a distance of 50.00' to the PO1 NT OF
BEGINNING;
THENCE S 44°39'49" W along a Iine 50' from and parallel to the
southern right of way line of Southwest Parkway for a distance
of 91 .04' ;
THENCE S 47°0'0" E along a line 50' from and parallel to the
eastern right of way Iine of Texas Avenue for a distance of
132.64' ;
THENCE N 43°0'0" E for a distance of 91 .00' ;
THENCE N 47°0'0" W for a distance of 130.00' to the POINT OF
BEGINNING containing 0.27433 acres (11 ,950 s.f. ) more or less.
R/.A. Galindo, R.P.S. # 2588 -
March 23, 1984
VOL 89`� P G 44
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