HomeMy WebLinkAbout1986V885P443 •
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TEMPORARY BLANKET; ELECTRIC POWER EASEMENT i:u`1 I'�'! 27 P:1 2 22
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Made this day of October, 1985 , between FOXHIL ° `FIOLD°INGS�;_ +
INC. ( hereinafter called "Grantor") and the CITY OF COLL •
a Texas Home Rule Municipal Corporation of Brazosule MunenrI,
( 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 all that certain tract of land lying and being situ-
ated in the J. E. Scott League, Abstract No. 50 ., Brazos
County, Texas , and being a part of a 20 acre tract con-
veyed to C. J. Gorzycki by M. Gorzycki and W. F. Gorzycki
by deeds recorded in Volume 32 , Page 157 , and Volume 40 ,
Page 401 , of the Brazos County Deed Records more particu-
larly described by course, width and centerline on the
attached Exhibit "A" ( the "Property" ) .
WHEREAS, Grantor is willing to grant to Grantee an undefined or
"blanket" easement for an "Underground Electric Power Distribution
System" , to be restricted her -e- o -y aci .yt "area(hereafter-
the "easement area" ) , and defined by subsequent survey.
NOW, THEREFORE, in consideration of TEN AND NO/100 DOLLARS
$10 .00 ) , and the premises, convenants 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 rant ,
and
Grantee, its successors and ssigns, anrgainundefinedleasementvin and°to
a portion of the above-described
installing , maintaining, parcel of land for the purpose of
ing and removing all undergroundnfacilties, includin co
duct lines , vaults, fittings, rebuilding, operating, inspect-
duct lines ,
described f ittint appliances and equipment, ndth
sunder the
right to install those provided ,elementsofsathat Grantee shall have the
Distribution System above ground which cannot Undergbeulocated nd tund Power
only upon those portions of Property expressly designated therefor
underground
and
or approved by Grantor. Grantor shall
installation, the usual differential cost of same, pursuant td
col-
lateral agreements. pursuant to This coveyance is only of the right , privilege
the aforesaid purposes. Grantor and its lessees, successorsmant for
assigns shall have the right to use and to
to use theh easementheareaefor anyand
ioterfeh with the safe and reasonable purposemwhich
will not othersn the righty
which not unreasonably
installations to be made byterrace and operation of
Grantee therein.
2. Grantee covenants and
pos-
sible with the normal flow of vehicular°andpedestrian
as little as r
and upon the Property, and to restore the surfaceLofathe rPro Property,
whenever and wherever disturbed
s existed by Grantee, to as atiy,
prior to such disturbance, good a condition
3. Grantee hereby covenants and agrees that in the event
future development or expansion of either the Pro
land, or both, requires the relocation of the facilitiesthe
constructed and installed in the easement area, Perry or adjacent already
relo-
cate such facilities, at Grantor' s expense if su harelocation requested by Grantor, provided such relocation is sound and feasible
from an engineering standpoint as reasonably determined or is
/o
by Grantee, �/
3/2 bf a
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A
and provided further that Grantor shall grant to Grantee a
substitute easement, by instrument in recordable form providing
for such relocation.
4. The easement herein granted is intended to be temporary
and shall terminate upon the earlier to occur of the Grantee' s
delivery of a final "As Built" Survey, and concurrent execution
of a permanent easement for the as built area. The "As Built"
Survey shall delineate the actual location of all equipment and
facilities installed by Grantee pursuant to the terms of this
Temporary Blanket Easement Agreement which shall thereafter
constitute a permanent easement area on which Grantee shall
maintain, repair, rebuild and operate the equipment described in
paragraph 1 above, and Grantee or its successors shall thereafter
execute an instrument in recordable form perfecting its rights in
and to the permanent easement area only whereupon this Temporary
Blanket Easement shall be null and void and of no further force
or effect.
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.
FOXHILL HOLDINGS, INC.
,
/_
BY: Akg, A `L�i/l/ i41
ay Brantl- 1l
lice Presid:
Approved as to Form
this document may not
be changed without
re-submission for approval
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
Thi instrument was acknowledged before me on the -�_
daY. off.: 1986Ray2
e'sid!�n . a , by Brantley, as Vice
JbehaHoldings, Inc. , a Texas corporation, on
rl�f ',of ray_ corporation--
41114
^� s,
Si • 0
Nota— Public in and for the
State of Texas
Printed Name. tA
My Comm. Expires.�:�
430-85
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EXHIBIT "A"
BEING all that certain tract of land lying and being situated
in the J. E. Scott League, Abstract No. 50 , Brazos County, Texas ,
and being a part of a 20 acre tract conveyed to C. J. Gorzycki
by M. Gorzycki and W. F. Gorzycki by deeds recorded in Volumee 32 ,
Page 157, and Volume 40, Page 401 , of the Brazos County Deed
Records, described by metes and bounds as follows:
BEGINNING at the most easterly corner of the said 20 acre tract .
This'.corner also being the most easterly corner of a 192 acre
tract conveyed by M. Gorzycki, et vir, to W. F.
Gorzyckide
dated June 12 , 1907, and recorded in Volume 32 , Page134 ,bDeeded
Records of Brazos County, Texas. This east corner also being
located within the right-of-way of Stater Highway No. 6;
THENCE S 45 degrees W. a distance of 31 feet to the intersection
of the South right-of-way of State Highway 6 with the southeast line
of the said 20 acre tract. This point of intersection also being
located 8 feet south 45 degrees E. from the north right-of-way
line of Farm tofiarket Road No. 60; •
THENCE in a northwesterly directionP44-1/2
degrees W) along the southwest line ofStatemHighway�No. 6 , a
distance of 541 feet to an iron bar for the beginning corner
of this 1 . 84 acre tract;
THENCE continuing in a northwesterly direction along the southwest
line of State Highway No. 6, a distance of 200 feet to an iron
pipe for corner. This corner being the most easterly corner
of the Western Motel tract, and also being the most northerly
corner of a 2 . 76 acre tract conveyed by C. J. Gorzycki to Maion
C. Pugh by deed dated October 8, 1952 , and recorded in Volume '
Page 284 , of the Deed Records of Brazos County, Texas; 156 ,
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THENCE S 45 degrees W along the Northwest line of the said 2 . 76
acre tract, a distance of 406 feet to an iron bar in the northeast
line of Meadowland Street;
THENCE S 45 degrees E along the northeast line of Meadowland
Street a distance of 200 feet to an iron bar for corner;
THENCE N 45 degrees E through the said 2 . 76
of 399 . 6 feet to the POINT OF BEGINNING, andcre containing 18istance
acres, more or less. g . q
BEING the same land described in deed from C. H.
et al to Ed Garner, dated Februar Snyder,
for
record February 8 , 1961 , and recorded in6Volumefiled 209 , Page 42
.5 ,
Deed Records of Brazos County, Texas .
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