HomeMy WebLinkAbout1986V916P756 371691
RECEIVES vL ' 2 S
TEMPORARY BLANKET ELECTRIC POWER EASEMENT
Made this 18th day of September "J' 4.41Ps`
between TENNECO OIL COMPANY, a Delaware Corporation, authorized
to do business in the State of Texas ( hereinafter called
"GRANTOR" ) and the CITY OF COLLEGE STATION, a Texas Home rule
Municipal 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 Lot 2B of the Resubdivision of Lot 2R
of the Resubdivision of Courtyard Apartments
Subdivision College Station, Texas, according
to plat recorded under file No. 348542 in the
office of the County Clerk of Brazos County,
Texas.
WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or
"blanket" easement for an "Underground Electric Power Distribu-
tion 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 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
sell and
unto GRANTEE, its successors and assigns, bain,angundefined easement
in and to the above-described parcel of land; GRANTEE to install ,
maintain, repair, rebuild, operate, inspect and remove all under-
ground facilities, including conduits, duct lines, vaults, fit-
tings, appliances and equipment, under the aforesaid described
property, provided, that Grantee shall have the right to install
those elements of said Underground Electric Power Distributio
System above ground which cannot be located underground onlyn
those portions of property area expressly designated thereforepon or
GRANTOR.
pay for the underground
installation, heusual differential cost of same, pursuant to
collateral agreements.
This conveyance is only of the right, privilege and
easement for the aforesaid purposes. GRANTOR and its lessees,
successors, and assigns shall have the right to use and to
to others the right to use the easement area for any
which will not unreasonably interfere with the safe and reason-
able grant
maintenance and operation of installations to be purpose
GRANTEE therein.
made by
little as 2 . GRANTEE covenants and agrees to interfere as
possible with the normal flow of vehicular and
pedes-
trian traffic over and upon the site, and to restore the
of the site, whenever and wherever disturbed bygood a condition. as existed at the time of such disturbance.GRANTEE, to as
surface
3. GRANTEE hereby covenants and agrees that in the
event the future development or expansion of either the site or
adjacent land, or both, requires the relocation of the
facilities
vol. c 756 —1—
'P,
�lJ �G.
w. •
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" 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 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 proper officers and their cor-
porate seals to be duly affixed, as of the day and year afore-
said.
TENNECO OIL COMPANY
BY:.... .Z,,, 7 :..________.. ($
Vice President
Approved as to Form
this document may not
be changed without
re-submission for approval
STATE OF TEXAS )
CORPORATE ACKNOWLEDGMENT
COUNTY OF HARRIS )
This instrument was acknowledged before me on the 18th dayof
ber
a5 ---' 1986� by Neil H. McLauri n--
Vice resident of TENNECO OIL COMPANY
Corporation, on behalf of said corporation. a Delaware
i. / r
Notary Public in and for
the State of T E X A S
Printed Name:
My Comm. Expires:
4!""^!Fti MILDRED A. DWORSKY
•` Notary public
•s;....J• STATE OF TEXAS
My Comm.Exp.8.314
-2-
VOL 916 ;pA,c:757