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1984V675P415 giti4caoct 297008 .x11 1984 APR 25 Ay I!: 34 TEMPORARY BLANKET ELECTRIC POWER EASEMENT c .44 couNTYCLERK Made, this / day of , 1 , between ERAic::rc!!(rre r II � ' E •STATION BUSINESS CENTER, LTD. , hereina ter called "Grantor"r) and the CITY OF COLLEGE ATION, a Texas Home Rule M idi}jal Corporation of Brazos County, Texas, (hereinafter called "Grantee" ) , y 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 all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, and being Lot Two (2) , Block Twelve ( 12) , Southwood Section twenty-six ( 26 ) , an addition to the City of College Station, Txas, according to the plat recorded in Volume 310, Pae 687, Deed Records of Brazos County, Texas, and being more particularly described on Exhibit "A" attached hereto and incorporated by reference. WHEREAS, Grantor is willing to grant to Grantee an undefined 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 ( $10.00) DOLLARS, 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 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 underground facilities, including 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 property area expressly designated therefore or approved by Grantor. Grantor shall pay for the underground installation, the usual differential cost of same, pursuant to collateral agreements . This conveyance is only of the right easement for the aforesaid purposes . Grantor�and rits llesseesege ,l 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. 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 condition as existed at the time of such disturbance. as good a 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. The easement is intended to be temporary, but the �. �L 6?5 PAGE 415 rights granted hereunder shall not terminate unless 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; and Grantee or its successors 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 corporate seals to be duly affixed, as of the day and year aforesaid. COLLEGE STATION BU INESS CENTER, TD. ATTEST: BY: I� C RIS HA.•NESS GENERAL PARTNER Approved as to form this document may not be changed without re-s mis ion for approval STATE OF TEXAS * COUNTY OF BRAZOS * On this the / day of , cV me the undersigned officer personalZ.IS 19 , before HAR , who acknowledged to be the General Partner reofCf3COLLEGENESSSTATION BUSINESS CENTER, LTD. , a Texas Corporation, and that he as such General Partner 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 hereu.to set my hand and official seal. NOTARY PUBLIC IN AND FOR My Commission Expires : THE STATE OF TEXAS (1L 675 PAGE 416 EXHIBIT "A" Being all that certain lot, tract or and being situated in Brazos Count and of land lying (2 ) , Block Twelve (12 ) , SOUTHWOOD, Texas, and being Lot Two an addition to the CitySECTION Twenty-six ( 26 ) , to the plat recorded iof College Station, Texas , according of Brazos County, Volume 310 , Page 687 , Deed Records Texas . • CL:605:11 VOL ` 675 PAGE 417