Loading...
1984V735P766 �j �-+y cNy 1 +.+V 5 + t' z .r• i..) l 19^4 OCT 25 P;'1 3: 09 •v! t:::;_x;,,,:. • .: CCwi Y CLUES TEMPORARY BLANKET ELECTRIC POWER EASgRE,15Ly Made this a3 day of between M. R. LANE, INC . , a Texas Corporation , called "GRANTOR" ) and the CITY OF COLLEGE STATION, a1Texas rHome 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. 50 acre tract or parcel of land lying and being situated in Lot Sixteen (16 ) , Lakeview Acres, College Station , Texas, a subdivision as shown on plat recorded in Volume 128, Page 300 of the Deed Records of Brazos County, Texas , and also being the same property conveyed to L. F. Rouse , et ux , by deed recorded in Volume 262, Page 640 , of the Deed Records of Brazos County, Texas . 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 ($10.00 ) , and the premises TEN AND NO/100 DOLLARS takins of parties hereunder , and the �mutual abenefitsnts anuand radvantages the all ccruinghig ohtheeparties s hereunder, the receipt and sufficiency of acknowledged ,agreeas follows :of the parties covenant and 1 . GRANTOR does hereby grant, unto GRANTEE, its successors and assigns, an undefined easement in and to the above-described parcel bargain , sell and convey maintain, repair, P , rebuild , operate, inspect dand Rremovetall o nunder- ground facilities, including conduits fit- tings, appliances and equipment, under thetaforesaid adesc' r property, provided , that Grantee shall have the right toinstall those elements of said Underground Electric Power Distribution System above ground which cannot be located undergroundupon those portions of those d byProperty area expressly only up or GRANTOR. GRANTOR shall designated therefore or installation, the usual differential rcost foofr tsame,underground pursuant to collateral agreements . easement for the This aconveyance is only of the right, successorsd purposes. GRANTOR and itsprivilege lessees, and and assigns shall have the right to use and to grant to others the right to use the easement area for anyurPose which will not unreasonably interfere with the safe and reason- able maintenance and operation of installations to be made by GRANTEE therein .2. GRANTEE covenants and agrees little as possible with the normal flow ofvehicularfand pedand es trian traffic over and upon the site , of the site, whenever and wherever disturrbed to bysGRAe EE,to surface as good a condition as existed at y GRANTEE the time of such disturbance . 3. GRANTEE hereby covenants and event the future development or expansion of either the site adjacent land , agrees that in the or both, requires the relocation of the facilities VOL ?Jo c o PAGE766 -1- 1 p 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 . M. R. LANE, INC. I /\ BY: , ��� MIKE LANE Approved as to Form President this document may not be changed without re-submissi•n for approval (7 STATE OF TEXAS COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This inst-rument was acknowledged before me on the -7 �� -, 7 ��� 'z_.-- .---__..._ day of LANE, I . , a Texas Corporation, onKbehalf �ofssaidsld po of M.R. ( corporation . Mit a rr y('ublic My Comm. Expires : GAYLE FERRERI BROWN , ; Notary Public - Brazos Coon xas. ,•;; LOS' My Commission Expires • ,-2.2 -2-