HomeMy WebLinkAbout1990V1181P466 q0-,4 442
TEMPORARY BLANKET ELECTRIC POWER EASEMENT -
Made this 1 -tL- .._, u
day of , .• 199.0,
between CREATIVE INSURANCE CONCtPTS, a Texas;;, .ori.ticrat-iony
(hereinafter called "GRANTOR") and the CITY OF '0d4 cE; '
STATION, a Texas Home Rule Municipal Corporation of Brazos
County, Texas (hereinafter called "GRANTEE") (6C -*),c.:
W I T N E S S E T H:
WHEREAS, GRANTOR is the owner of certain real property,
which GRANTOR intends to develop as a planned industrial
facility, described as follows:
All of Tract G-1, PONDEROSA PLACE, SECTION TWO, an
addition to the City of College Station, Brazos
County, Texas, according to the Plat thereof
recorded in Volume 1130, Page 283 , Official
Records of Brazos County, Texas.
WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined
or "blanket" easement for an "Underground Electric Power
Distribution 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 advan-
tages accruing to the parties hereunder, the receipt and
sufficiency of all of which are hereby acknowledged, the
parties covenant and agree as follows:
convey unto
1.GRANRANTORts does
suhereby
bysgrant,
and bargain, sell and
fined easement in and to the above-describedgpa, an ofd el of la
GRANTEE to install, maintain, repair, rebuild, operate, �
in-
spect and remove all underground facilities, including con-
duits, duct lines, vaults, fittings
equip-
ment, under the aforesaid described appliances and
property,
GRANTEE shall have the right to installthose elements of
said Underground Electric Power Distributionprovided, that
ground which cannot be located underground onlystpo athos
portions of property area expresslydesignated Y cern ore o
approved by GRANTOR. GRANTOR shalttherefore or
installation, the usual differentialpcostayor ofthe same,unpursuantrn
to collateral agreements.
ege
and easemeThis soconveyanceis only of the right,
andseas, entceorots purposes. GRANTOR rand lits
lesand to and assigns shall have the right to use
grant to others the right to use the easement area
for any purpose which will not
the safe and reasonable maintenance and interfere with
operation
unreasonably
of instal-
lations to be made by GRANTEE therein.
2 . GRANTEE covenants
n to
little as possible with the normalflowLofsrferas
d
and to restore
pedestrian traffic over and upon the site, vehicular and
the surface of the site, whenever and wherever disturbed
GRANTEE, to as good a condition as existed at the time of
such disturbance. by
3 . GRANTEE hereby
the event the future developmentvoraexpansiionnts and gofes ther r in
site or adjacent land,
the facilities already constructed gand einsta relocations the dnhof
easement area, GRANTEE will relocate such facilities
request and expense lled in the
sound and feasible from GanNe�gineerindes such relocation is
rea-
sonably determined by GRANTEE, g standpoint as GRANTOR shall grant to GRANTEEand provided further that
in-
strument in recordable form a substitute easement, by
Ai
,,o� providing for such relocation.
.,,e
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 underground service, equipment, and facilities,
the "As Built" Survey 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 successors shall there-
after 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 corporate seals to be duly affixed, as of the day and
year aforesaid
CREATIVE INSURANCE CONCEPTS
77: Ay, • %P
Approved as to Form
This document may not
be changed without
re-submission for approval
STATE OF TEXAS
COUNTY OF BRAZOS ACKNOWLEDGEMENT
This instrument was acknowledged before me on the r/�
day
of
as R SI , IIT 1990, by AVic Vi FICk ON
for
Concepts, a Texas Corporation, on behalf ofesaideInsurance
corpora-
tion.
l
Ao At) ) 1 _ ) _�
• ary Public in and for
the State of Texas
•
-2-
^7