HomeMy WebLinkAbout1988V1066P419 412'?9€
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TEMPORARY BLANKET ELECTRIC POWER EASEMENT
Made this // day of .u�S T ,1� `, 7,e,
�_
between JOE C. FAZZINO Trustee, { 'r . . U .
(hereina ter called GRANTOR )
and the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Cor-
poration 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, de-
scribed as follows :
Being a 23 . 21 acre tract or parcel of land,
lying and being situated in the Morgan Rector
League, Abstract No. 46, Brazos County, Tex-
as, and comprising all of those tracts of
land conveyed to Joe Cemino et ux by deeds
recorded in Volume 199, Page 193 and Volume
200, Page 71 of the Deed Records of Brazos
County, Texas and being more particularly de-
scribed by metes and bounds as follows :
BEGINNING at a 3/8" iron rod found at the
southwest corner of a 9.07 acre tract con-
veyed to Home Finder Realty, Inc . , by Roland
Berquist et ux by deed recorded in Volume
418, Page 804 of the Deed Records of Brazos
County, Texas, same being the North corner of
the herein described 23. 21 acre tract;
THENCE S 51 ° 28 ' 43" E along the common line
between the herein described tract and the
aforementioned 9.07 acre tract for a distance
of 119. 51 feet to a fence post for angle
point ;
THENCE S 47° 17 ' 38" E continuing along the
aforesaid common line for a distance of
489. 18 feet to an old axle for corner ;
THENCE S 42 ° 23 ' 18" W for a distance of
1664. 46 feet to an iron pipe found for cor-
ner , said corner also lying in the Northeast
line of Texas Avenue;
THENCE N 48° 00 ' 41" W along the Northeast
Right-of-Way line of Texas Avenue for a dis-
tance of 605 .05 feet to a 3/8" iron rod found
for corner;
THENCE Northeasterly along an old fence line
for the following calls : N 42 ° 23 ' 41 " E for
a distance of 468.81 feet to an iron rod
found for angle point; N 42 ° 27 ' 43" E for a
distance of 299. 26 feet to an iron rod found
for angle point; N 41 ° 53 '
34"
for a dis-
tance of 494.51 feet to a 14" elm tree for
angle point; N 42 ° 27 ' 16"
of 400. 77 feet to the PLACE EOFoBEGINNINGr a ,icand
containing 23. 21 acres of land, more or less.
WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or
Distribu-
tion System" , to be restricted ehereafter rground ltotthe asric built area,
and defined by subsequent survey. area,
VOL 1_ JU PAV4 19
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•w
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 accru-
ing 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 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 Distribution
System above ground which cannot be located underground only upon
those portions of property area expressly designated therefor or
approved by GRANTOR. GRANTOR shall pay for the underground in-
stallation, the usual differential cost of same, pursuant to col-
lateral 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 grant
to others the right to use the easement area for any purpose
which will not unreasonably interfere with the safe and reason-
able 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 GRANTEE, to as good a
condition as existed at the time of such disturbance .
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
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 re-
location.
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,
ground service, equipment, and facilities, the "Asa tion Built"of
Surveyv '
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 GRAN-
TOR but not otherwise .
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their
porate seals to be dul Proper officers and their cor-
said. Y affixed, as of the day and year afore-
-'
JOE C. AZZINO
Trustee
von1U16FfGT420
-2-
Approved as to Form
this document may not
be changed without
re-submission for approval
STATE OF TEXAS )
COUNTY OF BRAZOS ) ACKNOWLEDGMENT
This instrument was acknowledged before me on the 11th day of
August , 1988, by JOE C. FAZZINO, Trustee.
{ :. Notary Public in and for
th
•'�� Pr inted tName e of Texas
Bennie H. Luedke
My Comm. Exp. March 14, 1989
VOL 1066 PAS': 421
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