Loading...
1982V530P6 ELECTRIC POWER EASEMENT Made, this 6v41 day of Aly , 1982, Between WESTINGHOUSE ELECTRIC CORPORATION, a Penn ylvania Corporation, (hereinafter called "Grantor") and the CITY Of COLLEGE STATION, a Municipal Corporation of Brazos County, Texas, (hereinafter called "Grantee"), WITNESSETH: WHEREAS, Grantor is the owner of certain real property, which Grantor intends to develop as a planned industrial facility, described as follows: Being a part of 53.883 acre tract or parcel of land lying and being situated in the Morgan Reactor Survey, Abstract No. 46, College Station, Brazos County, Texas, as described in a deed to Westinghouse Electric Corporation recorded in Volume 475, Page 124 of the Brazos County Deed Records. WHEREAS, Grantor is willing to grant to Grantee an undefined easement for an • "Underground Electric Power Distribution System." Now, therefore, in consideration of TEN and 00/100 DOLLARS ($10.00), 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: TSU_ E ' LED X32,6? /c At O'clock 1/ M 234372 JUL 301982 t ! O F• RISKIE Cou, : ' unty,Bryan.Texa: ptr/1906J(1 )-1 By_11-ALA arffbi " Deputy O G/O l/82 SATE RECUSED e _d -s) t.. vcf 6 VOL AGE� 1 . Grantor does hereby rant, bargain, sell and convey ..nto Grantee, its successors and assigns an undefined easement covering a strip of land twenty (20) feet in width and lying perpendicular to the northwesterly property line; beginning at two (2) undefined points on the northwesterly property line of the aforementioned 53.883 acre tract and extending to the industrial facility, Grantee to install, maintain, repair, rebuild, operate, inspect and remove all underground conduits, duct lines, vaults, transformers, switch cubicles and other necessary or appropriate fittings, 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 the easement area expressly designated therefore by Grantor as set forth on Exhibit "A" attached hereto and made a part hereof. This conveyance is not intended to be, nor shall it be construed to be, a conveyance in fee of the property but only of the right, privilege and easement for the aforesaid purposes in the aforesaid described easement area. 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 installations to be made by Grantee therein. ptr/1906J(1)-2 06/01/82 CCd� VOLPAGE, . __ 2._ Grantee covenants agrees to interfere as little ,.s 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 of 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 relocation. 4. All rights granted hereunder shall terminate no later than March 1 , 1983; on or before March 1, 1983 Grantee shall deliver a final "As Built" Survey, showing the location of underground service, equipment, and facilities, the "As Built" Survey shall delineate a proposed permanent easement area to enable Grantee to maintain, repair, rebuild, operate the equipment described in paragraph number #1 above. 5. If at any time after the initial installation of the Underground Electric Power Distribution System by Grantee there should be no further obligation on the part of Grantee to provide electric power to Grantor by way of the ptr/1906J(1 )-3 06/01/82 ca .. VOLVO PAGE -i Underground Electri ?ower Distribution System, Grantor shall have the right to terminate this agreement and the rights of Grantee hereunder upon thirty (30) days written notice to Grantee. In such event, Grantee shall have no obligation to supply any further Electric Power to Grantor or its successors or assigns to the industrial facility without subsequent agreement. In the event of such a termination, Grantee shall have ninety (90) days from the date of such written notice to remove its equipment from the easement area and to restore said area to the condition existing immediately prior to said removal . Any of Grantee's equipment which remains upon or under the easement area longer than ninety (90) days._ from the date of the aforesaid written notice shall be deemed to have been abandoned by Grantee, and such equipment will immediately become the property of Grantor. The easement hereby granted shall forever terminate and revest in the then fee owner of the real estate burdened by this easement if the rights granted herein to Grantee are unexercised or unused at any time subsequent to the initial installation of the aforesaid system for a period exceeding ninety (90) consecutive days. 6. Grantee shall indemnify and save harmless the Grantor from and against all losses, liabilities, claims or demands whatsoever (including without limitation, costs and expenses in connection therewith) arising out of any personal injury, including death, or resulting from, or out of any damage to or loss or destruction of property, caused by the Grantee's use of said easement. ptr/1906J(1)-4 06/01/82 VOL )'AGE _ 9 in' witness whereof, the Arties 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. ATTEST: WESTINGHOUSE ELECTRIco,co ORATIQP4 .► 4,4 I ,fl ��q.ROY o By: �% / ..��c� , • OA. wr DEPT t ; ., C. , . Assistant Secretary Vice President'',,, ATTEST: CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS gc)), �' . By: °()\it-,6& t. ptr/1906J(1)-5 06/01/82 do �� VOL /AGE of C5('6st4s ac\ �e�`'s' a(\(N o Jc,�\O \NNs,�r�.e�eo oas o4 J(Nti,G .,5`\s k. Pea ck-c PS `' e10 G° 'gra s0 SOF OF�� G\e�� Ne'0� N ire 0° °. '(P• '(� \s`h`e ore �a a a°a P ete° cl SGpv� �0°t has (N(Nati- o\ee Pear VVs veP° ,��a�tl,�e N're ire, -5, '(.4G Go\-v- °� p•`� �`�`-62'-‘. OJT i cft 0 0 O co O 0 N U H •d N H H N H N 4) H U COUO . W O z El W e2 zH tn 4) 0 O W W 0 lM � N Naa\ -ND -' OH U U • 054CJ) H O H • 4) .1C, H ;a s --0H O H H •r•1 0 •-1 • 0 :� U U cQ 040P4 COMMONWEALTH OF PENNSYL VIA ) ' SS: COUNTY OF ALLEGHENY ) • On this -sfd day of J'X\E, , 1982, before me , JO nn � A yEnFc the undersigned officer personally appeared bk C- who acknowledged himself to be the Va. '�M5IdEJ,-,fi of. WESTING,OOUSE ELE TRIC CORPORATION, a corporation, and that he as such \IlCE £ (G�&n being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal. S21Notary Publc ; .r. fa JoANN BENECKI,N0� •PUBLIC PITTSBURGH,ALLEG �tJY ��•4 MY,COMMISSION EXPIRES MAY;3n19g ,,, COMMONWEALTH OF TEXAS ) SS. Member,Pennsylvania Association of( 'Caries COUNTY OF BRAZOS ) this 6`/k- day of --p , 1982, before me ,7.6-; Othe undersigned officer personally appeared ., 7 t ,8. 43 .j��C who acknowledged himself to be the _7 4 , of CITY OF COLLEGE STATION, and that /e as such ' �Z f� being authorized to do so, executed the foregoing inspument folcthe purposes therein contained by signing the name of t.c % . ea- f,.eet_, • IN WITNESS WHEREOF, I hereunto set my hand and official seal . 4/ Ji . j Notary Public .a .�9 JANIS SCHWARTZ >° v Notary Public•State of Texas :;, . � My Commission Expires; ,-/--S-g, ptr/1906J(1 )-6 06/01/82 66,P • i i VOL 0 PAGE M • EASEMENT MADE, this 6.4(11 day of91%1 1982, between WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania corporation, (hereinafter called "Grantor") and the CITY OF COLLEGE STATION, Brazos County, Texas (hereinafter called "Grantee"), WITNESSETH: That for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00) to be paid, the receipt whereof is hereby acknowledged, the Grantor hereby gives and grants unto the Grantee an easement twenty (20) feet in width, for the construction, placement, maintenance, operation, alteration, repair, replacement and/or removal of electric transmission and distribution lines and water lines consisting of cables or conduit, manholes, pumps, wires and all other necessary and desirable fixtures and appurtenances of every kind and nature for the transmission of electric service and water service on, over, or under a portion of Grantor's property described as follows: i Being a part of 53.883 acre tract or parcel of land lying and being situated in the Morgan Rector Survey, Abstract No. 46, College Station, Brazos County, Texas, as described in a Deed to Westinghouse Electric Corporation recorded in Vol . 475, Page 124 of the Brazos County Deed records; and said right-of-way easement being more particularly described as follows: Being a strip of land twenty (20) feet in width and lying to the north of the following described line: BEGINNING at the point of intersection of the southeast line of the aforementioned 53.883 acre tract with the northeast right-of-way line of State Highway No. 6 East By-pass; A ElLED ptr/1845J(1 )-1 At- /n--O'clock-' M 5/20/82 234373 gut 3 0 1982 K : .-ISKIE ,ty Blot c>�, r22VIE9 �'..—.J% y/' DePuil VOL PAGEr THENCE by the illowing bearings and dimensio►. 'of: N 43 degrees - 51 ' - 15" E 904.95 Feet N 45 degrees - 43' - 47" E 333.31 Feet N 46 degrees - 11 ' - 08" E 124.29 Feet N 44 degress - 27' - 33" E 680.57 Feet ALONG the southeast line of the said 53.883 acre tract for a total distance of 2043.12 feet to the east corner of the said 53.883 acre tract. THENCE N 45 degrees - 00' - 00" W along the northeast line of the said 53.883 acre tract for a distance of 189.07 feet to the end of said easement. Said easement is granted upon the following terms and conditions: 1. Any work as set forth above shall be perfomed by Grantee at its sole expense. Grantee shall indemnify and save harmless the Grantor from and against all losses, liabilities, claims or demands whatsoever (including without limitation, costs and expenses in connection therewith) arising out of any personal injury, including death, or resulting from, or out of any damage to or loss or destruction of property, caused by the Grantee's use of said easement. 2. Grantor covenants for its successors and assigns, not to contruct, place, maintain or permit the construction, placement or maintenance of any building or such structure upon, over or across said easement. ptr/1845J(l )-2 5/20/82 V. VEL ` WAGE 13 3. Grantor grants J Grantee the right of ingress .d egress over our adjacent lands to or from said easement for the purpose of inspecting, maintaining, constructing, reconstructing, repairing, operating and/or removing said electric and water systems and any or all fixtures and appurtenances thereto; the right to cut or trim trees and other foliage, roots, brush and other obstructions in the easement, to the extent, in the sole judgement of Grantee, as may be necessary to prevent possible interference with the operation of said facilities and/or equipment or to remove possible hazard thereto. 4. Grantorfurther convenants and agrees that no part of improvements constructed, erected or placed on said land by Grantee shall be or become or be considered as being affixed to or a part of said property and that all improvements of every kind and nature constructed, erected or placed on said land or any part thereof by Grantee or its licensee, shall remain the property of the Grantee. 5. Grantor reserves the right to use and enjoy the property affected by said easement except insofar as such use and enjoyment does not unreasonably interfere with the exercise of the rights herein granted to Grantee. 6. If Grantee fails to use easement within one (1) year of the date hereof or once commencing use of the easement/right-of-way discontinues the use of the easement for a continuous period of one (1) year, then the right of easement herein granted shall automatically terminate except that Grantee shall continue to be obligated to Grantor under Paragraph 1 hereof for any claims, loss, liability, demands, costs and damages arising out of Grantee' s use. ptr/1 3453(1 )-3 5/2.0/82 t) o PAGE _ VOLS 7. Grantee shall l _aair any damage to and/or rests.. ; the Grantor's property if the need for such repair or restoration is caused by or arises out of its use or enjoyment of this easement. 8. The right of easement herein is granted subject to prior rights, conditions, covenants, easements, and encumbrances, if any to which the Grantor's property is subject, specifically but not limited to the easement granted to Grantee by Grantor of even date herewith for construction of a road. 9. This agreement is for the benefit of and shall be binding upon the parties hereto, their successors or assigns. 10. This easement supersedes the fifteen (15) feet right-of-way easement for a waterline dated February 20, 1981, Volume 475, Page 129, Deed Records of Brazos County, Texas, granted by Glynn A. Williams, former Owner of the property, to the City of College Station, Brazos County, Texas which is herewith null and void. ptr/1845J(1 )-4 5/20/82 n � • IN WITNESS WHEREOF, the parties hereto have caused ..nis agreement to be executed by their proper officers and their corporate seals to be duly affixed, as of the day and year aforesaid. vat u 1 , ��,,' • • ♦ , ATTEST: WESTINGHOUSE ELECTR •FCOiD'ORATINN% ry ZC ?i(°°\)at BY: ' £ .;o�v; Assistant Secretary Vi,cc. ''= Lu.G�t+,, ►n , / 7:1%.‘"11‘ �i,l' +it ATTEST: CITY OF COLLEGE STATION,, BRAZOS COUNTY, TEXAS `, 4f14. 99--)--,2-,-) T By. 'A u lt-4 , ,,,:i?sr-C,S ..: -. t et-e-v. 1...e--c-4-e-&:(-4.--,-/_, ''.4 .-'..-w.1% te ,.••� '. rJ*S;. 'i1 I i ptr/1845J(1)-5 5/20/82 v �oI " PAGE. J . STATE OF TEXAS C COUNTY OF BRAZOS I I, Frank Boriskie, Clerk of the County Court in and for Brazos County, Texas, do hereby certify that this instrument was FILED on the date and at the time stamped hereon and RECORDED in the volume and page of the DEED Records of said County on the date stamped hereon. FRANK BORISKIE, COUNTY CLERK Brazos County, Texas i' , BY: /f/(at- A1.14, 1::" Zvi ,,• Deputy 0 Z ,..(:),0O co U H O N U rnPi H (11H F+ D-4 W OPI El 0 1-1 14 a0-► O 7 W A N s~ 9 0 coFA z >a 0 HO 0 Or-I �y' !A b� W a 34J0H • U H0 H •rl O •rl • 0 !.l 0 0440 . - • 'COMMONWEALTH OF PENNSYL ,NIA ) ' SS: COUNTY OF ALLEGHENY ) On this s cc day,of 5ur\' , 1982, before me A nr� C the undersigned officer personally appeared d — who acknowledged himself to be the UCSe 1fs-5ir �t of WESTINGHOUSE ELECTRIC CORPORATION, a corporation, and thathe as such \Ikcs Vl -51dEle,-i- being authorized to do so, executed the foregoing instrument for the purposes therein, 1.4ntained by signing the name of the corporation. , at. IN WITNESS WHEREOF, I hereunto set my hand and official sea, ,,\ ',,A''''' \,:.. \-\ + P d �t4, ,Vr J he!' Notary kl icy do i IoANN BENECHf,'►yp� yy�� PITTSBURGH,ACIEGHfi ,$ yip'1 �� COMMONWEALTH OF TEXAS ) My COMM!SSfON EXPIRES MAY.'13;,zeas ) SS: Member,Pennsylvania Association of Hotarias COUNTY OF BRAZOS ) this 6 day of (:) , 1982, before me T„ yuq Ee undersigned officer personally appeared 6 , 3<z t..e-e.Y who acknowledged himself to be the of CITY OF COLLEGE STATION, and that he is such 0 -cam •nn — a being authorized to do so, executed the foregoing instifument fot the purposes therein contained by signing the name of G}j .ff ,g , J IN WITNESS WHEREOF, I hereunto set my hand and official seal. , • A , / Notary Public 2�>.......y9 JANIS SCHWARTZ r 3 Notary Public-State of Texas �' .,.,;;%' My Commission Expires: qg g4, ptr/1845J(1 )-6 5/20/82 v p.`` AGE 17