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1985V813P412 o j{ TA i q t 1,.. r . ._) ,.... 1! 4,,,i: :'s..,au ...41.$0 1985 AUG - I PM to 08 TEMPORARY BLANKET ELECTRIC POWER EA �q y, ' 1� , G�..,, N . CLE }S / 4R.;ZOSC.�,, Y ,�fiFciltOU, Made this 1st day of August, 1985, betvt AhL-k�4 PUJ INCORPORATED, a Texas Corporation, (hereinafter called "GRANTOR ) and the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Cor- poration 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 : Block B, Lots 2, 3, 5, & 6 and Block D, Lot 7 as shown in the final plat for Ashford Square, College Station, Texas, and filed June 30, 1983 , file number 268654, with the County Court, Brazos County, Texas. WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or "blanket" easement for an "Under round Electric Power Distribu- tion System" , to be restricted herea ' 'er' te'�tfie' as 1uilt 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 accru- ing to the parties hereunder, the receipt and sufficiency of all of which are hereby acknowledged, the parties covenant and agree as follows : 1 . GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE,' its successors and assigns, an undefined easement in and to the above-described parcel of land; GRANTEE to install , maintain, repair, rebuild, operate, inspect 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 only upon those portions of property area expressly designated therefore or approved by GRANTOR. GRANTOR shall pay for the underground in- stallation, the usual differential cost of same, pursuant to collateral agreements. This conveyance is only of the right, privilege and easement for the aforesaid purposes. GRANTOR and its lessees, successors, and assigns shall have the right to use and to grant to others the right to use the easement area for any purpose 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 to interfere as lit- tle as possible with the normal flow of vehicular and pedestrian traffic over and upon the site, and to restore the surface soflthe 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 VOL 81 -1 )42 / l -1- £/13? 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 re- location. 4. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRAN- TOR 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. JAN-WIC, INCORPORATED BY: ,54(4444$41w/'' eve Hansen, Vice President Approved as to Form this document may not be changed without re-submissio for approval STATE OF TEXAS ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the 1st day of August, 1985, by STEVE HANSEN, as Vice President of JAN-WIC, INCORPORATED, a Texas Corporation, on behalf of said corporation. ..,l, / /1 ' /I. Notary Public in and for the State of ' E X AS Printed Name: � r - u 7z My Comm. Expires: -L -;�i vrit 813p, 3 -2- i