HomeMy WebLinkAbout1990V1206P230 RECEIVED Ai 2 7 1S30
TEMPORARY BLANKET ELECTRIC POWER EASEMENTel ~'{
dil
Made this 7,(-/-k day of 4uqus7c" , 1990,
'be-
tween GOLDEN CORRAL CORPORATION, a North Carolina Corpora-
tion, (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 a temporary electrical easement lying and
being situated in College Station, Brazos County, Texas
and being part of Lot "B" of UNIVERSITY PARK EAST
(Replat) according to the plat recorded in Volume 1146
page 526, Official Records of Brazos County, Texas and
being described as follows:
BEGINNING at an iron rod at the south corner of said
Lot "B", same being in the northeast right-of-way line
of Tarrow Street;
THENCE: N 47°50'24" W - 150. 00 feet along said Tarrow
{ Street lint to an iron rod for corner;
THENCE: N 42 °05'24" E - 150. 00 feet to an iron rod for
corner;
THENCE: S 47°50'24" E - 150. 00 feet to an iron rod for
corner, same being in the southwest line of said Lot 2 ;
THENCE: S 42 °05'24" W - 150. 00 feet along said south-
east line of Lot 2 to the PLACE OF BEGINNING; and con-
taining 0. 51 acres of land, more or less, according to
a survey made on the ground under the supervision of
Donald D. Garrett, Registered Professional Land Sur-
veyor, No. 2972 on July 12, 1990.
d
WHEREAS, GRANTOR is willing to
grant to or "blanket" easement for an "Underground ElectriccE an undefinedowr
Distribution System", g d Power
built area, and definedobyesubsequentrestrictedsurvey. to the as
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 advan-
tages 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 unde-
fined easement in and to the above-described
parcel of
GRANTEE to install, maintain, repair, rebuild, perate, lin-
spect and remove all underground facilities, including con-
duits, duct lines, vaults, fittings,
equip-
ment, under the aforesaid describeappliances and
property,
GRANTEE shall have the right to install those elements,ofhat
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
ay
installation, the usual differential pcost oofthe
same, pursuantrn
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 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 instal-
lations 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 rea-
sonably determined by GRANTEE, and provided further that
GRANTOR shall grant to GRANTEE a substitute easement, by in-
strument 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,
location of underground service, equipment, and facilities,
the "As Built" Survey shall delineate a
proposed easement area to enable GRANTEE to maintain, repair, rent
build, and operate the equipment described inagraph
num-
ber 1 above, and GRANTEE or its successors shallrthereafter
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.
this agreement
IN
S WHEREOF,
eby
EREOF, the
tpart
toparties hereto have caused
their corporate seals to be duly affixed,ir asrofftheeda a and
year aforesaid y
GOLDEN CORRAL CORPORATION
BY: �. � I
LAMAR BELL,
Vice-President of Finance
Approved as to Form
This document may not
be changed without
re-submission for approval
OW-
-2-
VOL 1?1)6 nAGE.231
STATE OF TEXAS )
COUNTY OF BRAZOS ) ACKNOWLEDGEMENT
This instrument was acknowledged before me on the d,Y4h day
of 414g<<57` , 1990, by Lamar Bell, as Vice Presi-
dent of Finance for Golden Corral Corporation, a North
Carolina Corporation, on behalf of said corporation.
' or ,H..t o `. Notary Public in and for
,, the State ofd--ti
1.7
3.� w
G: LI •I �h , ;(.
�3 t_1
00U��
VOL 12(06pAcr2'2
-3-