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1984V695P754 a L:Oti �J�„.1 4 27 f'1 I: 44 30 238 ' TEMPORARY BLANKET ELECTRIC POWER E TJ1' Tc - Made this 0/ TH day of , 19 �'� , between CORNERSTONE INVESTMENT( GROUP, a joint venture, (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 portion of a 170. 20 acre tract situated in the Thomas Caruthers Survey - Abstract No. 9, the Robert Stevenson Survey, Abstract No. 54, and the Morgan Rector League - Abstract No. 46, College Station, Brazos County, Texas, conveyed to E. W. Schultz, Trustee, Woodcreek Joint Venture by E. W. Schultz, individually and as Trustee, R. W. Butler, B. D. Moore, M. L. Cashion, and Cecil Hobson dba Cornerstone Investment Group, a joint venture, by Deed recorded in Volume 519, Page 607 of the Deed Records of Brazos Couny, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or "blanket" easement for an "Underground Electric Power Distribu- tion 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 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 unto GRANTEE, its successors andassigns bargain,nundefinedneasementand convey in and to the above-described assigns, an maintain, repair, rebuild, operate, under- groundinspectdandRremoveof lanNTEEtallnr facilities, including conduits, duct lines, vaults, fit- tings, appliances and equipment, under the aforesaid described property, provided, that Grantee shall have the right t those elements of said Underground Electric Power Distribution System above ground which cannot be located underground only upon those portions of property approved b GRANTOR area expressly designated therefore or installationGRtheOusual differential pay for the underground collateral agreements. cost of same, pursuant to 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 to others the right to use the easement area for any e which will not unreasonablygrant able maintenance and operation toffinstallationsere with the stoebend d easby- GRANTEE therein. made by 2. GRANTEE covenants and agrees to interfere as 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, showing the location of under- ground service, equipment, and faciliities, the "As Built" Sur- vey shall delineate a proposed permanent easement area to enable GRANTEE to maintain, repair, rebuild , and operate the equipment described in paragraph number 1 above, and GRANTEE or its succes- sors 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 cor- porate seals to be duly affixed, as of the day and year afore- said. A TEST: CORNERSTONE INVESTMENT GROUP BY: Secre ary E. W. SCHUL TRUSTEE Approved as to Form this doc ment may not be chan d without re- bm sion for approval STATE OF TEXAS ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT. This instrument was acknowledged before me on r the CORN =STONE INVESTMENT 1984,GROUPby E. venture.• W. SCHULTZ as Tr—� ustee ay, Qf • a joint # ...- . �% fie- Z.:14 Notarl Public My Comm. Expires: ,L :�.5 FIELD NOTES OF 0.45 ACRE TRACT BEING A PORTION OF A 170.20 ACRE TRACT THOMAS CARUTHERS SURVEY - ABSTRACT NO. 9 COLLEGE STATION BRAZOS COUNTY, TEXAS JUNE, 1984 Being all that certain tract or parcel of land lying and being situated in the Thomas Caruthers Survey - Abstract No. 9, College Station, Brazos County, Texas, and being a portion of a 170.20 acre trac.t lying and being situated in the Thomas Caruthers Survey - Abstract No. 9, the Robert Stevenson Survey, Abstract No. 54, and the Morgan Rector League - Abstract No. 46, College Station, Brazos County, Texad, same 170.20 acre tract being that certain tract or parcel of land conveyed to E.W. Schultz, Trustee, Woodcreek Joint Venture by E.W. Schultz, individually and as Trustee, R.W. Butler, B.D. Moore, M.L. Cashion, and Cecil Hobson dba Cornerstone Investment Group, a joint venture, by deed recorded in Volume 519, Page 607 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 most westerly corner of the aforementioned 170.20 acre tract, same iron rod also marking the intersection point of the easterly right-of-way line of State Highway No. 6 (also known as South Texas Avenue) with the northwesterly right-of-way line of Woodcreek Drive; THENCE S 29° 26' 56" E along the easterly right-of-way line of State Highway No. 6 across Woodcreek Drive for a distance of 71.08 feet to an iron rod for corner, said iron rod also marking the intersection point of the easterly right-of-way line of State Highway No. 6 with the southeasterly right-of-way line of Woodcreek Drive; THENCE N 50° 33' 05" E along the southeasterly right-of-way Woodcreek Drive for a distance of 246. the beginnin 35 feet to an iron rod found marking g point of a curve to the right; THENCE continuing northeasterly along line of WE dobe Drive,gsaid curve ongthe ersoutheasterl line feet to the end of said ccv. Y right-of-waf ght for an arc distance of 00", radius = 890.00 feet, tnagent (Curve Data: central angle = 10° 00' 33' 06" E for a distance of 155.14 feet); 78 feet, and the chord bears N 55° _., THENCE continuing N 60° 33' '� line of Woodcreek Drivenfor a 05" of the feet along 06etttoaat1/2"ly right-of-way for the PLACE OF BEGINNING , to a 1/2" iron rod set THENCE N 60° 33► 05" right-of-way of Woodcreek Drive for E along the southeaster) markinga distance of 37.94 feet to 3' d the beginning of a curve to the left; a 1/2" Giron rod found ,1„ 95r- ►^fes EXHIBIT "A" PAGE i'JO n FIELD NOTES OF A 0.45 ACRE TRACT BEING A PORTION OF A 170.20 ACRE TRACT THOMAS CARUTHERS SURVEY - ABSTRACT NO. 9 COLLEGE STATION, BRAZOS COUNTY, TEXAS JUNE, 1984 (CONTINUED) THENCE continuing northeasterly along the southeasterly right-of-way line of Woodcreek Drive and said curve to the left for an arc distance of 116.58 feet to a 1/2" iron rod set for corner; (Curve Data: the central angle - 07° 59' 59", radius = 835.00 feet, tangent = 58.39 feet, and the chord bears N 56° 33' 05" E for a distance of 116.49 feet); THENCE S 37° 26' 56" E for a distance of 133.21 feet toa 1/2" iron rod set for corner; THENCE S 60° 33' 05" W for a distance of 155.29 feet toa 1/2" iron rod set for corner; THENCE N 37° 26' 56" W for a distance of 125.00 feet to the PLACE OF BEGINNING, and containing 0.45 acres of land, more or less. Prepared By: - John D. Olsen Registered Public 'PA t, Surveyor No. 4271 4.4 OF..TF'. • AAPS • • • t JOHN D. OLSEN ) ,N)-0 4271 lam/ a •',STfR�`o�'431 . qh SURA • • ''1IL f -- ii ii a , Z J U • • l ti Q v tiN -&ki t I� o V c) C.) (TATE CF TEXAS COUNTY OF BRAZOS r:.ruy cei;ity that this Instrument was filed on the Cato and time stamped hereon by me and was duly re- corded in the volume and page of the named records of Brazos County, Texas as stamped hereon by me. JUN 2s19a4 R 9 j''Aevy e424<fL 9f���� �-yam oS c0.,N,, COUNTY CLERK,Brazos County,Texas `i ,1 11:1