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1985V825P259 . r • TEMPORARY BLANKET '' ELECTRIC POWER EASEMENT 9 . 'QCr' '7A -J day of September, 1985, betwen,`' DA1SA�N---,. Made this /Z PROPERTIES - COLLEGE STATION II, (hereinafter called "GRANTOtt") .; nd ,the CITY OF COLLEGE STATION, a Texas Municipal Corporation of Brazos County, Texas, (hereinafter called "GRANTEE"), �: uJ cCF' { U Fi Z WITNESSETH: ' WHEREAS, GRANTOR is the owner of certain real property '`wtYich GRANTOR intends to develop as a shopping center fe �litY; __ ; rc. described as follows: ____ 1-6-dc;i j _j.2- Being Lots 1 , 2, 3 and a portion of Lot 6, Block 2 of the F. S. Kapchinski Subdivision, an addition to the City of College Station, Texas, recorded in Volume Y, page 618A of the Mechanic' s Lien Records of Brazos County, Texas and Lot 5R, Block 2 of a replat of Lot 4R, Block 2 of the F. S. Kapchinski Subdivi- sion recorded in Volume 417, page 493 of the Deed Records of Brazos County, Texas. WHEREAS, GRANTOR is willing. to,grant, to GRANTEE an undefined or ec "blanket" gsement for an Under round Eltric Power Distribu- ,, to be restricted ereafter to the as -buil"r—at litidilefined 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 shalla the stallation, the usual differential cost of for underground in- collateral agreements. same, pursuant to 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 to others the right to use the easement area for an grant y which will not unreasonably interfere with the safe and rreaso - able maintenance and operation of installations to be made by GRANTEE therein. n 2. GRANTEE covenants and agrees to interfere as little as possible with the normal flow of vehicular and pedes- trian trian traffic over 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 disturb ance. event the 3. GeANTEElopnEE reby ocor ovenants• and agrees that in the adjacent land, or both, requires the relocation eitherof theefacilon of ite t *Notwithstanding anything contained herein toll 1 ti es V h such system be constructed within the proposed building area s as depicted on 'a °f a shopping Grantor's Plans and Specifications for the construction contrary, in no event shall /center f1'�c(p on that real property described herein. 11 ieiiy 61 kel• -61' 3/2e/:-)cry 1 VOL X32rac< < <5 �i14 - R 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. 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 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. DALSAN PROPERTIES - COLLEGE STATION II OBERT K. NASH, General Partner Approved as to Form this document may not be changed without re-submission for approval g52"----- , STATE OF TEXAS ) COUNTY OF BRAZOS ) PARTNERSHIP ACKNOWLEDGMENT This instrument was acknowledged before me on the --1 aLh by ROBERT K. NASH as a General Partner of DALSAN PROPERTIESof September, 1985, a Texas General Partnership, on behalf of said partnership. COLLEGE STATION II, Q! Notar Publi' } '` i in and for the S =t o Of TEXAS ,. •' '�'���' � � x ;.. Printe me: d Nay L RA WAR o l d 'V' : �,^4''Is f t My Commission Expires: /0- *---v.A.:1;,, KATHY L.CRAWFORD 'WW7 Notary Public-State of Texas s''rt o,``tea Ab Commission Expires Oct 6,198,, VOL 8?..5 PAGE 260 -2-