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1984V737P778 a �{ /�' ) C �:7 ts� 'E p I'� li t - 1304 �' ) xebizv Isn NOV - 1 P11 2 t�4 TEMPORARY BLANKET ELECTRIC POWER EASNj;•"� : ;•,:' �� �: '�'Y .I.EftY, i'i ,,l.y� ',5 Made this d / e•; DAE � L���et' u t� between GERALDaFARRAR, asTrustee , Q c a ben 19 � � , "GRANTOR" ) and the ( hereinafter called Municipal CITY OF COLLEGE STATION, a Texas Home Rule P Corporation of Brazos County, Texas ( hereinafter called "GRANTEE" ) , WITNESSET H: WHEREAS, GRANTOR is the owner of certain real property, GRANTOR intends to develop as aY� which described as follows : planned industrial facility, C:: .1 Beiiig a 5. 46 acre tract in the Morgan Rector League , College Stat'ion Brazq's County, Texas and being known as the Herman F . Kreoek:^Subdivision , conveyed to Gerald W. Farrar , as Tru recorded in Volume 445, Page 81 , Deed Records of Brazos County,un , Texas:: . > WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or Distribu- tion System" , to be restricted ehereafdterltootthe aswbr ltsarea, and defined by subsequent survey. built area, NOW, THEREFORE, in consideration of ($10 . 00 ) , and the TEN AND NO/100 DOLLARS parties e premises, covenants and undertakings of the hereunder , and the mutual benefits and advantages all of accruing tohtheepris hereunder , the receipt art and vnteand of agree as follows :hereby acknowledged , the parties covenant and 1 • GRANTOR does grant, bargain , sell a convey unto GRANTEE, its successors assigns, an undefined easement in and to the above-described parcel of land; GRto install , repair, rebuild , operate , inspect and remove all under- gANTEE round facilities, including Conduits, duct lines, as, it_gin s, appliances and equipment, under the aforesaid described ertY, provided , that Grantee shall have thoseShsem elementsemee of said Underground Electric the righ t toi installtion ystground which cannot be Powerndround only u thoseosportions of property area expressly ded ignat d therefore only u on installation , GRANTOR shally designated troundorepor the usual differential pcost foofr te pursuant collateral agreements. same , pursuant to This conveyance is only � easement for the aforesaidnv of theO right,its lessees and successors, and assigns shall have GRANTOR and lessees , others the right to use the the right to use and to toich others ot toeasement area for anygrant able maintenance and operation of installations purpose unreasonably interfere with the safe GRANTEE therein . and reason- to be made by as 2. GRANTEE covenants and a little traffice overwith the normal flowrofsvehicular to fand as pedes- trian raf i wheneveroer and upon the site , andsurfacegood aand wherever to restore the condition as existed disturbed by at the time of such GRANTEE, to as disturbance . . 3 event the � GRANTEE hereby covenants and agrees that in the adjacent laud , or boeh pment or expansion requires the of either the site or relocation of the facilities VilL i37P„c, 778 „,- „..„-..,,e,,, ,,, 00 ee, 2.- -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" 11 Survey, showing the location of under- ground service , equipment, and faciliities, the "As Built" Sur- vey shall delineate a proposed GRANTEE to maintain , repair , rebuild , and operate the equipment Permanent easement area to enable described in paragraph number 1 above, and GRANTEE or its succes- sors shall thereafter execute an instrument in recordableform perfecting the rights existing hereunder in and to the area . "As Built" 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 porate seals to be dul proper officers and their cor- poid . y affixed , as of the day and sa year afore- / (..... r----- / GERALD W. c ` ., `-- /vse Approved asFARRAR, TR STEE this document not be changed without re-submi, ion for approval Er STATE OF TEXAS ) COUNTY OF B ) TRUSTEE ACKNO RAZOS ) WLEDGMENT This 'ns rument was acknowledged before me �� 1984, ,on the iee= ,: by GERALD W. FARRAR as- ` day.'' ' '. Not. : `, My ' .0Expires bliC k -.� 1 _ -2 VrlL / 37P7,r,! 779