HomeMy WebLinkAbout1981V481P245 • ST.&D/SAB/am 11 .1-°
9/26/80
STATE OF TEXAS ) WATER LINE EASEMENT
COUNTY OF BRAZOS )
Know all men by these presents, that the ndersigned,
CBL & ASSOCIATES, INC. , a Tennessee corporation, (thue "Grantor") ,
for and in consideration of the sum of One Dollar ($1. 00) to it cash
in hand paid by the City of College Station, Texas, a municipal
corporation in Brazos County, Texas, duly incorporated under the
general laws of the State of Texas, the receipt of which is hereby
acknowledged, has granted, sold, and conveyed, and by these presents
does grant, sell and convey unto the said City of College Station,
Texas (the "Grantee" ) , certain rights and interests in the form of
an easement on and through the following described property:
A temporary construction easement ten (10) feet either
side of a centerline and a permanent utility easement five
(5) feet either side of a centerline described as follows :
Beginning at a point bearing S 45° 44 ' 00" E 30. 0 feet from
the most northerly corner of the CBL tract, said corner also
being the P. I. of the South ROW of State Hwy. 30 and the
West ROW of State Hwy. 6; thence S 44° 43 ' 29 " E along the
centerline of the proposed easement a distance of 95. 63 feet
to a point, said point lying in the west ROW line of State
Hwy. 6, said point also bearing S 27° 16 ' 04" E 100 . 00 feet
from the most northerly corner of the CBL tract.
Said easement is granted for the construction, mainten-
ance, operation, repair, inspection and alteration by Grantee of
underground water pipelines in the area covered thereby, together
with reasonable rights of access thereto, for the purpose of pro-
viding adequate water service to the retail shopping center and
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related inprovements to be constructed by the Grantor on those lands
of the Grantor adjacent and proximate to the above-described easement
area.
To have and to hold the rights and interests before de-
scribed unto the Grantee, its successors and assigns forever, and
the Grantor does hereby bind itself and its successors to warrant
and forever defend all and singular these rights and interests unto
the Grantee, its successors and assigns, against every person whom-
soever lawfully claiming, or to claim the same, or any part hereof.
Notwithstanding the foregoing, the acceptance of this
instrument and the exercise of the rights
granted
Grantee is subject to and shall be deemed toconstitutenits by the
acceptance of and agreement to the following terms and conditions :
1. The easement granted herein shall be non-exclusive
in nature, and the Grantor may make such use of the easement areas
as will not unreasonably interfere with the Grantee in the exercise
of its rights hereunder, including the use of said areas for
park-
ing facilities and landscaping. If the easement areas or apart
thereof shall be used by the Grantor forg or
other po
involving vehicular traffic, the Grantee covenants andagreesthat
it will not block off said portion of the easement areas to be used
for parking or vehicular traffic during peak shop
including Christmas, except as maybe necessaryshopping forsonm,
repairs, and that it will at all: times: minimize itspdisturbancegofcy
the Grantor' s parking areas.
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198800 MAY 7 19 1
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2. In .the event the Grantee shall disturb the surface
of the easerpent areas in the exercise of any of its rights here-
under, the Grantee shall promptly restore said surface to its con-
dition immediately prior to said disturbance, including the replac-
ing of any paving and landscaping.
3. Upon request from the Grantor, the Grantee shall
abandon and terminate the easement herein granted and remove its
equipment therefrom, provided Grantor shall provide to Grantee sub-
stitute easement areas (of size and location suitable for the purpose
for which the easement areas are then being used) in which said
pipelines may be located. The Grantor shall bear the expense of
said relocation. •
4 . In the event the Grantee shall discontinue use of
the facilities to be located within the easement area or shall fail
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to exercise the rights granted hereunder to install said facilities
for a period of thirty (30) consecutive days , the rights and ease-
ments granted hereunder shall cease and terminate.
IN WITNESS WHEREOF, the Grantor has executed this agreement
as of the op/.qday of CXtF�` 198$.
, A TES. :
yC`, CBL & ASSOCIATES, INC.
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STATE OF TEXAS
AWt
COUNTY OF )
Before me, r./ V
day personally appeared , � ? , on this
me to be the person whose name is subscribed to Efie foregoing
to
instrument, and known to me to be the
of CBL .& ASSOCIATES, INC. , a corporation and partner of COLLEGE
STATION LAND COMPANY, and acknowledged to me that he executed said
instrument for the purposes and consideration therein expressed,
and as the act .of said corporation
GIVEN under my hand and seal of office this ;".?/,.2-Y- day of
, 1980.
Alf s
IA Aral. "
My commission expires:
Notar' Pub 1 c
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