HomeMy WebLinkAbout1984V675P415 giti4caoct
297008
.x11
1984 APR 25 Ay I!: 34 TEMPORARY BLANKET ELECTRIC POWER EASEMENT
c .44 couNTYCLERK Made, this / day of , 1 , between
ERAic::rc!!(rre r
II � ' E •STATION BUSINESS CENTER, LTD. , hereina ter called
"Grantor"r) and the CITY OF COLLEGE ATION, a Texas Home Rule
M idi}jal Corporation of Brazos County, Texas, (hereinafter
called "Grantee" ) , y
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 all that certain lot, tract or parcel of land lying and
being situated in Brazos County, Texas, and being Lot Two (2) ,
Block Twelve ( 12) , Southwood Section twenty-six ( 26 ) , an addition
to the City of College Station, Txas, according to the plat
recorded in Volume 310, Pae 687, Deed Records of Brazos County,
Texas, and being more particularly described on Exhibit "A"
attached hereto and incorporated by reference.
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
( $10.00) DOLLARS, and the premises, covenants and undertakings of
the parties hereunder, and the mutual benefits and advantages
accruing 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
underground facilities, including conduits, duct lines, vaults,
transformers, switch cubicles and other necessary or appropriate
fittings, 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
installation, the usual differential cost of same, pursuant to
collateral agreements .
This conveyance is only of the right
easement for the aforesaid purposes . Grantor�and rits llesseesege ,l
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
reasonable 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 pedestrian
traffic over and upon the site, and to restore the surface of the
site, whenever and wherever disturbed by
condition as existed at the time of such disturbance. as good a
3 . Grantee hereby covenants and agrees that in the event
of future development or expansion of either the site or adjacent
land, or both, requires the relocation of the facilities 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
�. �L 6?5 PAGE 415
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, operate ' the
equipment,described in paragraph number 1 above; and Grantee or
its successors 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
corporate seals to be duly affixed, as of the day and year
aforesaid.
COLLEGE STATION BU INESS
CENTER, TD.
ATTEST:
BY: I�
C RIS HA.•NESS
GENERAL PARTNER
Approved as to form
this document may not
be changed without
re-s mis ion for approval
STATE OF TEXAS *
COUNTY OF BRAZOS *
On this the / day of , cV
me the undersigned officer personalZ.IS 19 , before
HAR , who
acknowledged to be the General Partner reofCf3COLLEGENESSSTATION
BUSINESS CENTER, LTD. , a Texas Corporation, and that he as such
General Partner being authorized to do so, executed the foregoing
instrument for the purposes therein contained by signing the name
of the corporation.
IN WITNESS WHEREOF, I hereu.to set my hand and official
seal.
NOTARY PUBLIC IN AND FOR
My Commission Expires : THE STATE OF TEXAS
(1L 675 PAGE 416
EXHIBIT "A"
Being all that certain lot, tract or
and being situated in Brazos Count and of land lying
(2 ) , Block Twelve (12 ) , SOUTHWOOD, Texas, and being Lot Two
an addition to the CitySECTION Twenty-six ( 26 ) ,
to the plat recorded iof College Station, Texas , according
of Brazos County, Volume 310 , Page 687 , Deed Records
Texas .
•
CL:605:11
VOL ` 675 PAGE 417