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1984V677P611 . ! C TEMPORARY BLANKET ELECTRIC POWER EASEMENT Made, this 23Jday of6#44L 19 between ROBERT CALLAWAY CORPORATION, a Texas Corporation, (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 all that certain tract of land lying and being situated in the Crawford Burnett League, in College Station, Brazos County, Texas, and being a part of that conveyed to Building32 . 289 acre tract of land recorded in Volume 50 , Page32being and IncY aMohawk, Ltd. by Deed Missouri Pacific (I . G.N. part of the abandoned of Lot One (1) , Block Two (2) Rand rLot One (1 ) , Block and being allo the Woodway West Subdivision as recorded inlVolumeC583, Page of of the Deed Records of Brazos County, n 177 particularly described on Texas, and being more incorporated byExhibit "A" attached hereto and referenced. . WHEREAS, Grantor is willing togrant undefined or "blanket" easement for tor Grantee an Power Distribution System", to bean "Underground Electric built area, and defined byrestrictedsuvhereafter to the as subsequent survey. NOW, THEREFORE, in consideration ($10.00) DOLLARS, and the of TEN AND NO/100 the DO hereunder,Rnremises, covenants and undertakings of partiesthe reh , and the mutual benefits and advantages allcparties hereunder, the receipt and sufficiency of of which are hereby acknowledged, the parties covenant agree as follows : and 1 . Grantor does hereby unto Grantee, its successors and assigns anrundefined gain, lease ent and in and to the above-described parcel of land; maintain meet in maintain, repair, facilities, including inspect and tor install, operate, remove undrround transformers, acswilittch cubicinclles adingnd conduitsvaults,s ductry ornes,appropriate fittings, appliances and equipment other necessary property, under the aforesaiddescribed Y, provided, that Grantee shall have the rightinstall those elements of said to ystem abovemUnderground Electric Power Distribution thoseSon ytground which cannot be located underground only portions of property area expressly approved by Grantor. designated thereforeorinstallation, the usual differential shallrantor payfor the underground collateral agreements . same, pursuant to This conveyance is for the conveyance only of the right, privilege easement et assignsapurposes . Grantor and its g and successors others shall have the right to use and lessees, toich ers the right to use the easement area for anye not unreasonablygrant reasonable maintenance and operationeof einstallations purpose by Grantee therein. re with the safe and to be made 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 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 rights granted hereunder shall not terminate unless Grantee shall deliver a final "As Built" Survey, underground service, equipment, and facilities,, the "AstheatBuilt" 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. agreement INtWIbeTNESSeSS WHEREOF, the parties hereto have caused this eir proper yby thaffixed, a officersohand corporate seals to be duly as of the dayand year ATTEST: ROBERT CALLAWAY CORPORATION SECR ' ARY -''A�`' Robert L !Forth, Alp Vice President Approved as to form this document may not be changed without re-s -missi.i f., approval 'At- 1 STATE OF TEXAS * COUNTY OF BRAZOS * On this the cZ3Aciday the undersigned officer personally a acknowledgedhdg to peared 198 ' before meo AWAY CORPORATION be the Robert L• Worth,Jr. who a Texas Vice PrpGid�n}— o f ROBERT COR„xiimPORATION, i dP beTe corporation, and as g authorized to do so executedthe or such instrument for the purposes therein contained bythe of the corporation. foregoing signing the name IN WITNESS WHEREOF, I hereunto set my hand and official seal . Ik0 ' 4 AND FOR Q _ �i �. A My Commission Expires: • .� NOTARY PUBLIC Is- THE STATE OF TEXAS 1-06 r1 OCl/E .6. J"oNES METES AND BOUNDS DESCRIPTION Being all that certain tract or parcel of land, lying and being situated in the CRAWFORD BURNETT LEAGUE, in College Station, Brazos County, Texas , and being a part of that 32.289 acre tract of land conveyed to Building Crafts , Inc. by Mohawk , Ltd. by deed recorded in Volume 501 , Page 32; and being a part of the abandoned Missouri Pacific (I . & G.N. ) Railroad right-of-way; and being all of Lot One (1 ) , Block Two (2) and Lot One (1) , Block Three (3) of W00DWAY WEST SUBDIVISION as recorded in Volume 583, Page 177 of the Deed Records of Brazos County, Texas , and being more particularly described by metes and bounds as follows: COMMENCING: at an iron rod marking the intersection of the west or southwesterly right-of-way line of the Missouri Pacific (I . & G.N. ) Railroad right-of-way and the southeasterly right-of-way of an old County Road known as Luther Street, said iron rod being located S 19° 39' E a distance of 44.6 feet from the east corner of the A & M Cemetery, said east corner being the intersection of the common line between the CRAWFORD BURNETT and the J. E. SCOTT LEAGUES and the before- mentioned west or southwesterly right-of-way line of the Missouri Pacific (I . & G.N. ) Railroad; THENCE: N 52° 10' 30" E for a distance of 23. 79 feet and S 19° 39 ' 00" E for a distance of 58.86 feet to the POINT OF BEGINNING; THENCE: S 19° 39' 00" E for a distance of 1237.62 feet and corner in the north- west right-of-way line of Holleman Drive; THENCE: 84. 72 feet along the arc of a curve having a central angle of 04° 55' 43", a radius of 984.93 feet, a tangent of 42.39 feet and a long chord bearing S 46 54' 33" W for a distance of 84. 70 feet to the Point of Tangency; THENCE: S 44° 26' 40" W for a distance of 381 .93 feet to the Point of Curvature of a curve to the right; THENCE: 39.27 feet in a westerly direction along the arc of said curve havinga central angle of 90° 00' 00", a radius of 25.00 feet, a tangent of 25.00 feet and a long chord bearing S 89° 26' 40" W for a distance of 35.36 feet to the Point of Tangency; THENCE: N 45° 33' 20" W for a distance of 11 .52 feet to the Point of Curvature of a curve to the right; THENCE: 204.57 feet along the arc of said curve having a central angle of 3 " 40' 41 ", a radius of 370.00 feet, a tangent of 104.97 feet and a longchord 1 N 29° 43' 00" W for a distance of 201 .97 feet to the Point of Tangency; baring THENCE: N 13° 52' 39" W for a distance of 245.07 feet for orner; THENCE: 211 .34 feet along the north right-of-way line of Sen arc of a curve having a radius of 50.00 feet; na Drive along the THENCE: 27.13 feet along the arc of a curve having a central angle of 62° 10 ' 55" , a radius of 25.00 feet, a tangent of 15.08 feet and a long chordbearing S 44° 58' 06"• E for a distance of 25.82 feet to the Point of Tangency; THENCE: S 13° 52' 39" E for a distance of 178. 73 feet to the Point of of a curve to the left; Curvature EXHIBIT "A" vot 677 (14 3 i . 1, Metes and Bounds Description Con 't 28.1252 Acres Page 2 THENCE: 237.74 feet along the arc of said curve havinga central angle of 310 40' 41", a radius of 430.00 feet, a tangent of 121 .99 feet and a long chord bearing S 29° 42' 59" E for a distarrce' 234,73 feet to the Point of Tangency; THENCE: S 45° 33' 20" E for a distaij'04,:of`.:11 ,,52,feet to the Point of Curvature of a curve to the right; THENCE: 39.27 feet in a southerly direct1on along .the arc of a curve having a central angle of 90° 00' 00", a radius of 25.00 feet, a .rtangent of 25.00 feet and a long chord bearing S 00° 33' 20" E for a distance of:35..•36 'feet to the Point of Tangency, said point also being in,..tt engrthwest_line gf 'Ho1l3iman Drive; THENCE: S 44° 26' 40" W for a distancelof 267.50, feet •fpr-corner, said corner also being in the southwest line of the aforesaid 32.289 acre tract; THENCE: N 45° 33' 20" W for a distance of 146.18 feet for corner; THENCE: N 43° 51 ' 07" W for a distance of 283.88 feet for corner; THENCE: N 43° 01 ' 46" W for a distance of 704.49 feet to an iron rod for corner, said iron rod also being in the southeast line of the aforesaid Luther Street for corner; THENCE: N 43° 56' 00" E for a distance of 1322.61 feet along said Luther Street to the Point of Curvature of a curve to the right; THENCE: 50.80 feet in a southeasterly direction along the arc of said curve having a central angle of 116° 25' Og", a radius of 25.00 feet, a tangent of 40.33 feet and a long chord bearing S 77 51 ' 30" E for a distance of 42.50 feet to the POINT r OF BEGINNING and containing 28.1252 .acres of land, more or less, according to a survey made under the supervision of Michael R. 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