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1985V754P142 317295F *AP u 4=t074 mus 1585 JAN -3 Al 10: 48 BLANKET ELECTRIC POWER EASEMENT "'�� C.) "m Y7L:RK / nA Made this cvot, -- day of 64-- 7 , 19 001- between ROBERT CALLAWAY CORPORATION, a Texas Cororati � o ( 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 multi-family housing facility, described as follows : Being all that certain tract of land lying and _ being situated in the Crawford Burnett League , in College Station , Brazos County, Texas, and being a part of that 32. 289 acre tract of land conveyed to Building Crafts, Inc . by Mohawk, Ltd . by Deed recorded in Volume 501 , Page 32 and being a part of the abandoned Missouri Pacific (I. G.N. ) Railroad right-of-way; and being all of Lot One ( 1 ) , Block Two ( 2 ) and Lot One (1 ) , Block Three (3 ) of the Woodway West Subdivision as recorded in Volume 583 , Page 177 of the Deed Records of Brazos County, Texas, and being more particularly described on Exhibit "A" attached hereto and incorporated by reference . 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 and which will be more particularly described by and shall be ded by n power easement to be filed upon completion ofethe facilityebyrthe Grantor . y NOW, THEREFORE, in consideration of TEN ($10.00 ) , and the premises, covenants andNuundertakinngsLofsthe parties hereunder , and the mutual benefits and advantages accruing to the parties hereunder, the receipt and sufficient of all of which are hereby acknowledged , the parties covenant and agree as follows : y 1 . unto GRANTEE, its GRANTOR cdoedoes herebyagrint, bargaiM , sell and convey s in and to the above-described gns, an undefined easement r maintain, repair, rebuild, operate, inspectdGRANTEE to install , and remove all under- ground facilities, including conduits, duct lines, vaults, fit- tings, appliances and equipment, under the aforesaid described property, provided , that Grantee shall have the right to install those elements of said Underground Electric Power Distribution System above ground which cannot be located underground onlyu on those portions of property approvedoby area expressly designated thereforeorppedtGRANTOR. GRANTOR shall pay the usual differential cost oofr tsame , puhe rsuand collateral agreements. pursuant to easement for the This aconvey ance is only of the rig purposes. GRANTOR anndhtitsrivilege lessees, and successors, and assigns shall have the right to use and to grant to others the right to use the easement area for any which will not unreasonably interfere with the safe and reason- able maintenance and operation of installations to be purpose GRANTEE therein . made by /42_ S� r 2 . GRANTEE covenants and agrees to interfere as little as possible with the normal flow of vehicular and pedestrian traffic offer and upon the site , and to restore the surface of the site , whenever and wherever disturbed by GRANTEE, to as good a condition as existed at the time of such disturbance . 3. GRANTEE hereby covenants and agrees that in the event the future development or expansion of either the site or adjacent land , or both, requires the relocation of the facilities 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. 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 . ATTEST: ROBERT CALLAWAY CORPORATION 14/cr BY: / riA oPP P ecretary / ROB RT L. ORTH, 00' Vice President Approved as to Form this document may not be changed without re-submiss • ..n for approval STATE OF TEXAS ) COUNTY OF r-: .;f_- ) RP COORATE ACKNOWLEDGMENT Thi inst ument was acknowledged before me on the 1984 , bday President of ROBERT CALLAWAYCbyBE PROT L. WORTH �� Vice of behalf of said corporation . N► a Texas Corporation , on . /1 .. (1). . No ary Public 9/ C a• ow 7� • My Comm. Exp ires : -�b -S� : .' yoL h' 4 PA1 143 -2- METES AND BOUNDS DESCRIPTION Being all that certain tract or parcel of land, lying and being CRAWFORD BURNETT LEAGUE, in College Station, Brazos County, of that 32.289 acre tract of land conveyed to Building situated in the ofd, by deed recorded ins Volume 501 , Pagey32; Texas , and Mohawk ,boaa par LLtd. byi ei (I & G,N. Crafts ,parInc. by abandoned and being a beingt alloofthe Lotne Block Two (2) ) Railroad right-of-way; and One (1 ) , Blck recordedw in olnd Lot Onea(1)17Block Three (3) of WOODWAY WEST SUBDIVISION and being U DIVISIOx as more articular) describedhb Deed Records of Brazos follows:particularly Y metes and bounds as followsy� Texas , COMMENCING: at an iron rod marking g the intersection of the west or southwesterly southeasterly of theoMissouriway of an old (I . & G.N. right_ then out S 19° old County Road)known asLuther Street,and of the A being M located 39' E a distance of 44.6 feet from the east corner line between M the Cery, said easeast beingcornerhbE. S ►lineibet west or southwesterlyright-of-wayT and the TT LEAGUESESn andof the before G.N, COTe the before- ) Rai y line of the Missouri Pacific ( I . & : THENCE. N 52° 10' 30" E for TH Naof 5° a distance of 23. 79 feet and S 19° 39 ' 00" E for a 86 feet to the POINT OF BEGINNING; THENCE: S 19° 39' 00" E for a distance of west right-of-way line of Holleman Driv1237.62 feet and corner in the THENCE: north- west feet along the arc of a a NCE: of84 924, ee feet,ala curve having a central040 S radius4654' 33" W for3a tangent of 42.39 feet and a angle bearing 55' 43", distance of 84. 70 feet to the Point nofcTangenhord ; THENCE: S 44° 26' 40" Y� of a curve: to the2right;" for a distance of 381 ,93 feet to the Point of THENCE: Curvature a long angle offe�eOtoin a westerly Y di rection clan 9 chogl bearingf9OO Q0", a radius of 25.00 fate arc ofg said curve25.00 having a of Tangency; S 89 26' 40" W for a distance feetofa35. 36efeetf the Pointoet and THENCE; N 45 „ to the 0 33' 20 W for a distance of 11 .52 ofTHENCE: a E. N to the right; 9 t; feet to the Point of Curvature THENCE: 204,57 feet clan 40 'H4E: a of along the arc of said curve having N 294 00 W radius oa370.00 feet, 201angent of a central angle ofr 31° 10t.97 feet and a long chord bearing N 13 39.. W forTangency; a distance of 245,07 feet THENCE: 211 .34 feet along for corner; THE of a curve having the north right-of-way line of Sienna a radius of 50.00 feet; Drive THENCE; 27. 13 along the a radiusNof 23 feet along the arc of a curve having S 44 58' 06„ 00 feet, a tangent of 15.08 feet and a long E for a central angle of 620 10' 55” , a distance of 25.82 feet to the Point of THEN chord bearing CE: S 13° 52' 39" E for a distance of 17 Tangency; THENCE:a curve to the left; 8. 73 feet to the Point of Curvature ofEXHIBIT "A" 754 PA rr144 Metes and Bounds Description Con 't 28. 1252 Acres Page 2 THENCE : 237. 74 feet along the arc of said curve having 310 40' 41 " ,_a radius of 430.00 feet, a tangent of 12199 centraleangle of bearing S 29° 42 ' 59" E for a distance' 'ot'� ' feet and a long chord Q34,73 feet to the Point of Tangency; THENCE: S 45° 33' �..,; ,. • �,, ,, . f a curve o t33 right;" for a distatj•ce' o .`:l,�. feet to the'Point of Curvature THENCE: 39.27 feet in a southerly di rect}ons • central angle of 900 along .the arc of a curve having a a long chord bearingof000' P0S 00u 3, a radius of 25.00 feet, a Tangency, 20" E for a distance of 35x3 nt of 25.00the feet and 9 y, said point also being ing nc�eeth" r, net to Point of THENCE: S 44° 26' �� ' •. .a ��•�C�.t:ine af�}ig1l� man Drive; THENCE: E:being i 4n the southwest W for l a i s tancel • of ofore aid, :.f..lZt' re tr c said corner the aforesaid 32.289 acre tract; THENCE: N 45° 33' 20" W for a distance of 146. 18 feet for THENCE: N 43° 51 ' corner; 07" W for a distance of 283.88 feet for corner; THENCE: N 43° 01 ' 46" W for a distance of 704.49 feet to an said the southeast line of th ironrod also being in e aforesaid Luther Street for corner; ion rod forcorner, THENCE: N 43° 56 ' 00" E for a distance of 1322.61 feet along said Luther Street to the Point of Curvature of a curve to the right; THENCE: 50,80 :feet 1•n a southeasterly::direction along a central angle..of..116.0 2$'. OQ", a radius of 25.00 fet, a tangent the arc of sofd 0.330 havingt and a long chord bearing S 77 51 ' 30" E for a distance of 42. 0 feet to.tfeet OF BEGINNING and containing 28;1252 acres of land, to the POINT survey made under the supervision of Mj‘chael R. McClure, Registered Public Sur more or less, according to a No, 2859, in February, 1984, ' Surveyor vilL 754145