HomeMy WebLinkAbout1991V1231P286 3. •5'7 n s� FILED 1
V Q 0 4/ I f
'. lJ raft .�.. ...� 'r'Qr; ..�-r�:.1,
4.
TEMPORARY BLANKET ELECTRIC POWER EASEMENT n4) 0 13:31
r� VARY AN. ,Anel
Made this 14thay of s Y
er
between the BOARD OF REGENTS OFc THE TEXAS A&M UNIVERSITY "
SYSTEM, a State agency,
the CITY OF COLLEGE STATION, an Texas Home after eRule d Municipalnd
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:
All that certain lot, tract or parcel of land
lying and being situated in Brazos County, Texas,
and being Lot Five (5) , Block "V", University Park
Section Two, an addition to the City of College
Station, Brazos County, Texas, according to the
resubdivision of Lots One (1) , Four 4
Six (6) , Seven (7) , Block "V" and (
and anunplattedFive (5) �
Lot, University Park Section Two (2) , plat
recorded in Volume 673, Page 301 of the Official
Records, Brazos County, Texas, and being the same
property conveyed by Burl McAlister, et al, to
Financial Center Ltd. , a State of Colorado Limited
Partnership, by instrument dated January 16,
984,
and recorded in Volume 641, Page 792, Official
Records, Brazos County, Texas.
WHEREAS, GRANTOR is willing to
grant to GTEE an
or "blanket" easement for an "Underground Electric Power
Distribution 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 advan-
tages tages accruing to the parties hereunder, the receipt and
sufficiencyan-
of all of which are hereby acknowledged, the
parties covenant and agree as follows:
conve 1. GRANTOR does hereby grant, bargain, sell and
y unto GRANTEE, its 'successors and assigns,
unde-
fined easement in and to the above-described
GRANTEE to install, maintain, repair, g ' an spect and remove all underground facilities,
of land;
con-
duits,poperate,ungn-
t, under tines,he vaults, fittings, including equip-
ment,
dhrlthave rthe rdght described property,ropeity, s and equip-
pllthos provided,entthat
said Underground Electric Power SystemDistributioneab vof
e
ground which cannot be located underground only above
portions of property area expressly upon those
approved by GRANTOR. GRANTOR shalpay
yignrted therefore or
instal ].anon, the usual diffArA tial r.oc}or the underground
to collateral agreements, n._ ost of
same, pursuant
easement for Conveyance is only of the right,
andssees purposes. GRANTOR
privilege
successors, and assigns shall have RtheOright touse
and to grant to others the right to
for any purpose which will g use the easement area
the safe and reasonable maintenancet aandal
the /
s to beoperation interfere with
made by GRANTEE therein.
of instal-
little as 2 . GRANTEE covenants and agrees
to possible with the normal flow of vehicular and
interfere as 4,,t!!2I F~
pedestrian traffic over and upon the site
and to restore -'1"'"�"`'"°��``"```T"
a, � fir/ F//�7//_//777//-7131PAGr
286 7“/
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 formerfectin the
rights existing hereunder in and to the "As Built"g 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
executedby WITNESS WHEREOF,
the
tpaparties hereto have caused
their corporate seals to be duly affixed,ir asrofftheeda and
year aforesaid. y and
BOARD OF REGENTS OF THE
TEXAS & V RSITY SYSTEM
BY: `►a 4 '
J• ' S B. BOND, •,puty Chancellor
Approved as to Form.
This document may not
be changed without
re-submission for approval
STATE OF TEXAS
COUNTY OF BRAZOS ) ACKNOWLEDGEMENT
This instrument was acknowledged before me on the 14th
of December
as Deputy Ilorancel19 90 by JAS B. BOND day
TEXAS A&M UNIVERSITY SyST of the BOARD OF REGENTS OF THE
a State a•ency, on behalf of
said agency.
'7- ^ GALE DAVIDSON
li„
% STAT = r ::,s No ary .,ub ►is in ,and
"*Pfor
} My Commission e;;p.e, 2-18-91 the State .f Texas
-2-
VOL 12‘.31 Parr 257