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1985V769P823 321G10 - i I ,' %4`e TEMPORARY BLANKET ELECTRIC POWER EASEME Made this ahs` day of AA/66v_ , 19 XJ , between THE COLLEGE STATION HILTON HO PARSHIP, LTD. , a Texas limited partnership, ( hereinafter callec "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 planned industrial facility, described as follows : Being a 7.018 acre tract of land lying and being situated in the Richard Carter League in Brazos County, Texas , and more particu- larly out of portions of Lots 4 , 5 and 6, Block V, University Park Subdivision Sec- tion Two as recorded in Volume 532 , Page 829 of the Deed Records of Brazos County, Texas ; said 7. 018 acres being more particu- larly described in Exhibit "A" attached hereto and made a part hereof . 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. NOW, THEREFORE, in consideration of TEN AND NO/100 DOLLARS ( $10. 00 ) , and the premises, covenants and undertakings of the parties hereunder, and the mutual benefits and advantages accruing to the parties hereunder, the receipt and sufficiency of all of which are hereby acknowledged, the parties covenant and agree as follows : 1 . RsNTORcdoesrses herebyagrant, bargain , sell and convey unto GRANTEE, i. su in and to the above-described g � an undefined easement rof lanNTEE maintain, repair, rebuild , operate, inspectdandRremovetallnunder- 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 only upon those portions of aprovd b property area expressly designated therefore or G�heOusual differential cost Pa for the underground installationR. GRANTOR collateral agreements . of same, pursuant to easement for tTeisconveyance nvey nce is only of the right, successors, and assigns shallrhave Sthe Gright tOR onuSeta andlessees ,oand to others the right to use the easement area for any to grant which will not unreasonably interfere with the safe and rpreason- able maintenance and operation of installations to be made by GRANTEE therein . r,n 71 M T 1,11 1KE-ADY 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 . 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. THE COLLEGE STATION HILTON HOTEL PARTNERSHIP, LTD. B Y: k�� Approved as to Form this document may not be changed without re-submission for approval STATE OF TEXAS ) , CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on theaa'- da as:. d of • 198,4; by O t3 S Y of N,NCE of THE COLLEGE STATION HILTON ONLL HOTEL �AR;TNERSHIP`, LTA . , a Texas ee1rs�i p, partnership, on behalf of said ��� '` part- • • j -...+.�7.K • , EXHIBIT "A" 1-3- 126-002 February 1984 Page 1 of 2 Corrected 3-1-84 METES AND BOUNDS • FOR 7.018 ACRES OUT OF RICHARD CARTER LEAGUE BRAZOS COUNTY, TEXAS BEING A 7. 018 ACRE TRACT OF LAND LYING ANO BEING SITUATED IN THE RICHARD CARTER LEAGUE IN BRAZOS COUNTY, TEXAS, AND MORE PARTICULARLY OUT OP PORTIONS OF LOTS • 4 , S ANO 6, BLOCK V, UNIVERSITY PARK SUBDIVISION SECTION TWO AS RECORDED IN VOLUME 532, PAGE 829 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; SAID 7. 018 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING at the most souther•iy southwest corner University Park Subdivision , said corner being on theLnortherlyck V , • right-of-way of University Drive (F.Iy. 60) , southeasterly corner of Lot 1 , Block V, University 'Park Subdivision ; THENCE , southwester+ ) _ _ said 4 r all of way and the south line of said Lot 1 the following four ( ) calls : 1 ) S 68. 55 ' 33" W, 61 . 06 feet to a concrete monument found , 2) S 81 ' 44 ' 55" W, 107. 97 feet to an iron rod set , 3) S 82' 16" 25 ' W, 108.99 feet to an iron rod set , 4 ) S 64 . 12 ' 13" W, 25. 06 feet to an iron r of Beginning ; rod set at the Point THENCE , continuing along said northerly right-of-way the f oIiOWlnn three (3) calls : 1 ) S 64 . 12 ' 13" W, 83. 94 feet to an iron rod met , 2 ) S 64 ' 52 ' 40" W , 92.07 feet to an iron rod sets 3 ) S 47. 27 ' 02" W , 131 . 15 feet to an Iron rod set at the intersection of Fed Mart Drive , 80 feet in widtti : 7G9 It Y' -: _.....r....c. , . • ( 1-3-126-002 February 1984 Page 2 of 2 Corrected 3-1-84 THENCE , along the easterly right-of-way of said Fed Mart Orive the following four (4 ) calls : 1 ) N 31 . 57 ' 29" W, 16. 04 feet to the point of curvature of a curve to the left , 2) Along the arc of said curve the following data : central angle = 15' 39' 03", radius = 576. 71 ' , tangent = 79 .26 ' , 157 . 535 ' i chord = 157.04 ' , chord bearing = N 39' 47 ' W , 3) N 47.36 ' 32" W, 307. 53 feet to the Point of curvature of a curve to the right , 4 ) Along the arc of said curve the following data : central angle = 41 ' 44 ' 48'4, radius P 450•.00 ' , tangent = 171 . 60 ' , arc = 327. 88 ' , chord = 320. 67' , chord bearing = N 26. 44 ' 08" W; THENCE , N 89' 21 ' 00" E, 699.04 feet to an iron rod set ; THENCE , S 52' 41 ' 1.1.6" W, 105.60 feet to an iron rod set ; THENCE, S 46• 58 ' ,� �•.,. .,: t30 E, 138.08 feet to an iron rod set ; THENCE, S 24. 30 ' S9" E, 67.61 feet to an iron rod set ; THENCE , S 03. 33 ' 06" E, 107. 60 feet to an iron rod setT • THENCE , S 25' 01 ' 01 " W, 82. 76 feet to an iron rod set ; THENCE S 10' 57' 15" E , 62. 79 feet to the 'POINT containi.n9 7. 018 acres of land. OF BEGINNING and I HEREBY CERTIFY THAT THIS METES ANO BOUNDS DESCRIPTION WAS PR FROM A SURVEY PERFORMED ON THE GROUND UNDER MY SUPERVISION AND IS IP ANf COR T. THE : . ST OF MY KNOWLEDGE. SPARE; -1,L,&,.... 1% C f VEN R . McANG - , R. P >� � � s X 368 0 * ill;: '- : R. Mc us An StevenB 1-44,-In � VIOL. C � �'" `8 3 3680 G���cistca�,°.�o B4;C SUR�� r i I f