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HomeMy WebLinkAbout1987V994P568 HCA Realty, Inc. TEMPORARY BLANKET ELECTRIC POWER EASEME Made this rz Te` day — / // / e(ek ,} between OOFITAL CORPORATION OF AMDRI A G (hereinafter , 1987 , "GRANTOR" , called and the CITY OF COLLEGE STATION, a Texas 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 described as follows: All that certain 65.00 acre tract or psychiatric hospital intte S.W. parcel of land lying and being situated Robertson Survey, A-202 in Brazos County, Texas, and being a part of that 172.81 acre tract conveyed to Area Progress Corporation by deed recorded in Volume 822, page 836, Official Records, Brazos County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes. WHEREAS, GRANTOR is willing to grant to GRANTEE an or "blanket" easement for an "Underground Electric Powerdefined Distribu- tion System", to be restricted hereafter to the as built 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 accruing to the parties hereunder, the receipt and sufficiencyof all of which are hereby acknowledged, the parties covenant and agree as follows: 1 . GRANTOR does hereby unto GRANTEE, its successors and assigns, an undefined easement grant, bargain, sell and convey in and to the above-described maintain, repair, rebuild, operate, inspect and remove all parcel of land; GRANTEE to install, under- ground facilities, including conduits, duct lines, vaults, fit- tings, appliances and equipmentproperty, provided, � under the aforesaid described those elements of said aUndergroundrantee hElectric the rightr Dto installon System above ground which cannot be located undergroundonly u those portions of approved byProperty area expressly designated thereforeorinstallation,GRANTOR. differentialORshall pay for the underground collateral agreements. cost of same, pursuant to This conveyance is only of the right, easement for the aforesaid purposes. GRANTOR successors g . Privilege and and assigns shall have the right toan usetand lessees,t to others the right to use the easement area for an e which will not unreasonablygrant able maintenance and beoperationtoffinstallationsere with the stoend made therein. made by little as 2. GRANTEE covenants and agrees to interpossible with the normal flow of vehicularfand peess trian traffic over and upon the site, of the site, whenever and wherever disturbed brestRAN tE, to surfaceoas good a condition as existed at the time of such disturbance. Bance. 3. GRANTEE herebyfuture covenants and adjacent land, agrees that in the or both, requires facilitiesthe nrelocation f tofrthe ei ,QL ucll.PAGE c rr 0 ` �` -1- 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. HCA Realty, Inc. BY: i, Vise President Approved as to Form this document may not be changed without re-submission for approval STATE OF TENNESSEE ) HCA Realty, Inc. COUNTY OF ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on th as . 198S�, y s„ e day o Tennessee Corporation, on behalf ofsaid corpora `" 11,• . a P tion. 1\Nir- ary Pu•lic in and for _ the State of _r Printed Name: l- =i-�� T� SSE My Comm. Expires: 11 .. A►, • •. �j -2- i } ' r ' /OL. ,��: vac 519 .4IBIT "A" roposed Hospital tract Texas Centroid Ranch S.W. Robertson Survey College Station, Texas BEGINNING in the southeast line of Green' s Prairie Road, N 43 de rees 04'02" E 1200.00 feet from the west westerly corner of the said Area Progress Corporation tract; THENCE S 46 degrees 55'58" E 1180.51 feet through the said Area Progress Corporation tract to the southeast line of same; THENCE N 42 degrees 07' 45" E 2000.00 feet along the southeast line of the said Area Progress Corporation tract; THENCE N 9 degrees 19'39" W 885 .74 feet through the said Area Progress Corporation tract; THENCE N 40 degrees 07' 40" W 500.00 feet continuing through the said Area Progress Corporation tract to the southeast line of Green' s Prairie Road; THENCE S 41 degrees 52' 23" W 241 Gleo o 9.59 feet along the southeast line of Green' s Prairie Road to an angle point, THENCE S 43 degrees 04'02" W 180.41 southeast line of Green' s Prairie Roadeet toctheinuinPOINT OFoBEGINe containing 65 .00 acres of land, more or less. KING and VOL v I AGE 570