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1984V727P76 310306 TEMPORARY BLANKET ELECTRIC POWER EA 1!i ; �- Made this c=.572 --- day of , between ALLEN HONDA, INC . , a Texas Corpo ( hereinafterationhe i , 19 P,/' called "GRANTOR" ) and the CITY OF COLLEGE STATIONaTexas 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 2. 296 acre tract of land situated in the Morgan Rector Survey, A-46, a resubdivision of Lot 7 and Part of Lot 6, Block B, Eastmark Subdivision , Phase II, College Station , Texas, conveyed to C.J. Deed recorded at Volume 638 , Page 219 , Deed Allyd by R Brazos County, Texas . ecords of WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or "blanket" easement for an tion System" , to be restricted ehereafter rground ltotthe asric warea , and defined by subsequent survey. built area , NOW, THEREFORE, in consideration of TEN AND NO/100 DOLLARS ($10.00 ) , and the premises, covenants and undertakings of parties hereunder , and the mutual benefits and advantages accruingg the to the parties hereunder , 9 all of which are herebythe receipt acknowledged , the parties dcovenant eand of agreeo asw follows : 1 . GRANTOR does hereby unto GRANTEE, its cdoes rebyd rn , bargain , sell and convey in and to the above-described assigns, an undefined easement iniandin , the ab, rebuild ,_dscparcel of land; GRANTEE to install , maintain , facilities, operate , inspect and remove all under- groundiog , facilinies ,andcluding conduits , duct lines, fit- tings, equipment, under the aforesaid vaults ,described trope y, provided , that Grantee shall have the right to ins those elements Underground Electric Power install Systemon those ground which cannot be located underground lonly 1On a portions of property area expressl pproved by GRANTOR. G shall ay f designated rounforeror installation, the usual differentialrcost ooftsa underground collateral agreements . � , pursuant to This conveyance is only of the right, privilege easement for the aforesaid emnand assigns purposes . GRANTOR and its lessees , and successors,others the rightshall have the right to use toih will not to use the easement area for and to grant able maintenance unreasonably interfere with the safe and rreae GRANTEE and operation of installations to reason- thenein . be made by as 2 . GRANTEE covenants and possible with the normal agrees to interfere little as over and flow of vehicular and pedes- trian the trafficfwheneverovraand wherever the site , and tosurface ofgood a site, wherever disturbed restore the oas as existed at the time by GRANTEE,bto as of such disturbance . 3 . GRANTEE hereby event the future development or expansion of either the facilities or both, requires the relocation of the site acilitor iti es 727 PAG[ 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, provided further that GRANTOR shall grant to GRANTEE asubstituute easement, by instrument in recordable form providing for such relocation . 4 . The easement is intended to be temporary, rights granted hereunder shall not terminate unless GRANTEE shall deliver a final "As Built" Survey, under- ground service , equipment, and faciliities, tthe he l"As tBuilt" 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 pment sors shall thereafter execute an instrument in recordable form perfectingcces- the rights existing hereunder in and to the " area . "As Built" 5 . GRANTOR warrants that the right superior to those of all d of GRANTEE shall be GRANTOR but not otherwisepersons claiming under or through IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their sarate seals to be dul proper officers and their cor- porate . y affixed , as of the day and year afore- ALLEN HONDA, INC . BY: C.J. O LEN --- Pre- 'dent Approved as this document t Form this not be changed without re-submission for approval STATE OF TEXAS ) COUNTY OF BRAZOS ) CORPORATE ) ACKNOWLEDGMENT This i .trume as acknowledged tr � s 9 before me on the ALL N �� DA, INC. , a Text 84, by C. J. ALLEN, as Pre' dentdof of corpor. tion . Corporation , of on behalf of said at a r," rube %lL� My Comm . Expires : GAYLE FERRERI BROWN Volk ; Notary Public• Brazos County,, mos, ""°'' My. Commission fxpiresl ,)/f1I -2-- 777 PArT 77