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1984V711P438 1 , .. 306201 LE., _: i r.: 2 . .J2 , _ (( i - TEMPORARY BLANKET ELECTRIC POWER EASEMEI� l. ;y Made _ )/ ' � } : �rF '1 ,,,, this 4 day of i7' between CENTURY BRAZOS, , 19' , INC. , (hereinafter called "GRANTOR le Municipal " ) and the CITY OF COLLEGE STATION, a Texas Home Ru 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 9. 07 acre tract of land situated in the Morgan Rector League, Abstract No. 46, Brazos County, Texas, conveyed to Carl Lee Moore, recorded in Volume 572, Page 584 of the Deed Records of Brazos County, Texas, and being more particularly described in Exhibit "A" attached hereto. WHEREAS, GRANTOR is willing to grant"blanket" easement for an "Underground°Electric Power NTEE an dDistribu- tion System" , to be restricted hereafter to the as built area, and defined byu subsequent survey. NOW, THEREFORE, in consideration of TEN AND NO/100 ($10. 00 ) , and the premises, DOLLARS parties hereunder, and the mutual abenefints tsuand radvantages takings of the accruing to the parties hereunder all of which are hereb , the receipt and sufficiency of agree as follows : y a..knowledged, the parties covenant and 1 . GRANTOR does hereby unto GRANTEE, cdoes rebyagsant, bargain, sell and n nG to the, its above-descrand ibed convey assigns, and undefinedGAEEainmtat repair, parcel of land; GRANTEE to install , maintain,afacilities,repr, rebuild ,including operate, inspect and remove all under- ground and equipment, conduits, duct lines, vaults fit- tings, appliancesnquipment, under the aforesaid described that Grantee shall have the right to install those elements of said Underground Electric Power System above ground which cannot be Distribution those aboveportions of located underground only those byproperty area expressly upon approved GRANTOR shall designated unde thereforendor the usual differential pco foor tupar sand collateral agreements. cost of same, pursuant to This conveyance is only of the right, easement for the aforesaid purposes. GRANTOR and itsrlessees, and successors,to others hande lassigns shall have the right to use the easementareafo use andp which will not unreasonablyto grant ahlec maintenancewloted operation interfere with the°safeyand purpose therein. of installations to be made by little as 2. GRANTEE covenants and a pedes- trian trafficoverwith the normal gills to interfere as and flow of vehicular tandhe surfacerf - site, upon the site, and to restore ofood thea condition wheneveras and wherever disturbed by the existed disturb, to as at the time of such disturbance. the 3. GRANTEE hereby future developmencovenants and agrees that in eventdjcenh land, or both,eexpansion ofthe requires the relocationofeither the asiteil tor i the facilities l------- ( 1 J�J 438 //,Rr/3 a a d9 -1- 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 offic- cor- porate seals to be duly affixed, asrofethed. d theirfe- said,� an• year afore- ATtE �j"e,,o., CENT01111i4 • , INC. 111,00/ S - ti�ry G. W. RU SE�' ...� APPrQv0 as to Form this,document may not be changed witho t re-submi sion fs approval Aggaif 4, STATE OF TEXAS ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT ) Th . nstrument was acknowledged g before me on tie Secretary Treasurer of, 1984' by G. W. RUSSELL as day of on behalf of said corporationY ENTURBRAZOS, INC. , a Texas Corporation, .4 4 '-' Are:dec: No ary P :1 c My Comm. Expires: Jr4 ,.11'-that certain tract or cel of land containing I�_,;eing situatedrin 7.15 ac~e beinga the Morgan Rector League, 5 more or less, lying and portion of a 9.07 acre tract conveyed� btoract No. 46,�azos County, Inc. , recordedtiin Volume 572, Homefinder Texas, y,id Page 584 of the Deed Carl ose by Count , Realty, and being more particularlydescribed by metes and bounds as follows, Y, Texas, BEGINNING at a 1/2 inch iron pipe found marking to-wit: tractEGconveyedaa o Jin Fazzinoiroby the Eastern most corner of a rct-oi to Jooe Charles Cemino; said corner also lying e.S6 tahwe THENCE North 45 da State Highway 6 East Bypass; Y ng on the Southwest iron rod set for corner;27 min' 00 sec. West for a THENCE North distance of 448.56 feet to a 1/2 inch iron rod set for corner; er33 min. 00 sec. corner; East for a distance of 25.06 feet to a THENCE North 45 deg. 1/2 inch iron rod set for 27 min' 00 sec. West for a THENCE North corner; distance of 189.00 feet to a iron rod set for corner; 02 min. 50 sec. 1/2 inch THENCE North corner; East for a distance of 45.00 feet to a iron rod set for corner; 12 min' 26 sec. 1/2 inch corner; West for a distance of 72.00 feet to a THENCE North 45 deg. 1/2 inch iron rod set for 02 min' 50 sec. East for a THENCE corner; distance of 130.00 feet to a North 45 deg. 27 min, 00 sec. West for 1/2 inch iron rod set for THENCE North corner; a distance of 368.00 feet to a mentioned 44 deg. 02 min, 50 sec. 1/2 inch 9.04 acre tract0for East to the most for corner; a distance of Northerly corner of THENCE 261.00 feet the above- mentioned 45 deg. 12 min. 26 sec. to a 1/4 inch iron rod found Highway South East4 Bypass for East to the Southwest gnr; a distance of 641.18 feet to a right-of-way THENCE 1/4 inch irony line of State South 00 deg. 50 min. rod found for ttHighway 6 for 35 sec. West South 01 de a distance of along the Southwest right-of-way S 8• 56 min, 587.02 feet to a concrete monumentfound THENCEfoa of 46.59 feet 01 sec. line of land to the palest along the abovementioned more distancer ess, LACE OF BEGINNING and for corner; right-of-way line containing 7.15 acres of /; Air ifit. CARL LEE DARE 652 f Ar.,!-294 • EXHIBIT "A" • 711 <I . 0