HomeMy WebLinkAbout1984V711P438 1
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306201
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TEMPORARY BLANKET ELECTRIC POWER EASEMEI�
l. ;y
Made _ )/ '
� } : �rF '1 ,,,,
this 4 day of i7'
between CENTURY BRAZOS, , 19' ,
INC. , (hereinafter called "GRANTOR
le Municipal " ) and
the CITY OF COLLEGE STATION, a Texas Home Ru
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 portion of a 9. 07 acre tract of land situated in the
Morgan Rector League, Abstract No. 46, Brazos County, Texas,
conveyed to Carl Lee Moore, recorded in Volume 572, Page 584
of the Deed Records of Brazos County, Texas, and being more
particularly described in Exhibit "A" attached hereto.
WHEREAS, GRANTOR is willing to
grant"blanket" easement for an "Underground°Electric Power NTEE an dDistribu-
tion System" , to be restricted hereafter to the as built area,
and defined byu
subsequent survey.
NOW, THEREFORE, in consideration of TEN AND NO/100
($10. 00 ) , and the premises, DOLLARS
parties hereunder, and the mutual abenefints tsuand radvantages
takings of the
accruing to the parties hereunder
all of which are hereb , the receipt and sufficiency of
agree as follows : y a..knowledged, the parties covenant and
1 . GRANTOR does hereby
unto GRANTEE, cdoes rebyagsant, bargain, sell and
n nG to the, its above-descrand ibed convey
assigns, and undefinedGAEEainmtat
repair, parcel of land; GRANTEE to install ,
maintain,afacilities,repr, rebuild ,including operate, inspect and remove all under-
ground
and equipment,
conduits, duct lines, vaults
fit-
tings,
appliancesnquipment, under the aforesaid described
that Grantee shall have the right to install
those elements of said Underground Electric Power
System above ground which cannot be Distribution
those aboveportions of located underground only
those byproperty area expressly upon
approved GRANTOR shall designated unde thereforendor
the usual differential pco foor tupar sand
collateral agreements. cost of
same, pursuant to
This conveyance is only of the right,
easement for the aforesaid
purposes. GRANTOR and itsrlessees, and
successors,to others hande lassigns shall have
the right to use the easementareafo use andp
which will not unreasonablyto grant
ahlec maintenancewloted operation interfere with the°safeyand purpose
therein. of installations to be made
by
little as 2. GRANTEE covenants and a
pedes-
trian trafficoverwith the normal gills to interfere as
and flow of vehicular tandhe surfacerf -
site, upon the site, and to restore
ofood thea condition wheneveras and wherever disturbed by the
existed disturb, to as
at the time of such disturbance.
the
3.
GRANTEE hereby
future developmencovenants and agrees that in
eventdjcenh land, or both,eexpansion ofthe
requires the relocationofeither the asiteil tor
i
the facilities
l-------
( 1 J�J 438 //,Rr/3 a a d9
-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 offic-
cor-
porate seals to be duly affixed, asrofethed. d theirfe-
said,� an• year afore-
ATtE �j"e,,o., CENT01111i4 • , INC.
111,00/
S - ti�ry G. W. RU SE�' ...�
APPrQv0 as to Form
this,document may not
be changed witho t
re-submi sion fs approval
Aggaif
4,
STATE OF TEXAS )
COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT
)
Th . nstrument was acknowledged g before me on tie
Secretary Treasurer of, 1984' by G. W. RUSSELL as day of
on behalf of said corporationY ENTURBRAZOS, INC. , a Texas Corporation,
.4 4 '-' Are:dec:
No ary P :1
c
My Comm. Expires: Jr4
,.11'-that certain tract or cel of land containing I�_,;eing situatedrin 7.15 ac~e
beinga the Morgan Rector League, 5 more or less, lying and
portion of a 9.07 acre tract conveyed� btoract No. 46,�azos County,
Inc. , recordedtiin Volume 572, Homefinder Texas, y,id
Page 584 of the Deed Carl
ose by Count , Realty,
and being more particularlydescribed
by metes and bounds as follows, Y, Texas,
BEGINNING at a 1/2 inch iron pipe found marking to-wit:
tractEGconveyedaa o Jin Fazzinoiroby the Eastern most corner of a
rct-oi to Jooe
Charles Cemino; said corner also lying e.S6 tahwe
THENCE North 45 da State Highway 6 East Bypass; Y ng on the Southwest
iron rod set for corner;27 min' 00 sec. West for a
THENCE North distance of 448.56 feet to a 1/2 inch
iron rod set for corner;
er33 min. 00 sec.
corner; East for a distance of 25.06 feet to a
THENCE North 45 deg. 1/2 inch
iron rod set for 27 min' 00 sec. West for a
THENCE North corner; distance of 189.00 feet to a
iron rod set for corner;
02 min. 50 sec. 1/2 inch
THENCE North corner; East for a distance of 45.00 feet to a
iron rod set for corner;
12 min' 26 sec. 1/2 inch
corner; West for a distance of 72.00 feet to a
THENCE North 45 deg. 1/2 inch
iron rod set for 02 min' 50 sec. East for a
THENCE corner; distance of 130.00 feet to a
North 45 deg. 27 min, 00 sec. West for 1/2 inch
iron rod set for
THENCE North corner; a distance of 368.00 feet to a
mentioned 44 deg. 02 min, 50 sec. 1/2 inch
9.04 acre tract0for East to the most
for corner; a distance of Northerly corner of
THENCE 261.00 feet the above-
mentioned
45 deg. 12 min. 26 sec. to a 1/4 inch iron rod found
Highway South East4 Bypass for East to the Southwest
gnr; a distance of 641.18 feet to a right-of-way
THENCE 1/4 inch irony line of State
South 00 deg. 50 min. rod found for
ttHighway 6 for 35 sec. West
South 01 de a distance of along the Southwest right-of-way
S
8• 56 min, 587.02 feet to a concrete monumentfound
THENCEfoa of 46.59 feet 01 sec. line of
land to the palest along the abovementioned
more distancer ess, LACE OF BEGINNING and for corner;
right-of-way line
containing 7.15 acres of
/;
Air ifit.
CARL LEE DARE
652 f Ar.,!-294
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EXHIBIT "A"
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