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1986V885P443 • • a Ci c) TEMPORARY BLANKET; ELECTRIC POWER EASEMENT i:u`1 I'�'! 27 P:1 2 22 7 , .-) ') . Made this day of October, 1985 , between FOXHIL ° `FIOLD°INGS�;_ + INC. ( hereinafter called "Grantor") and the CITY OF COLL • a Texas Home Rule Municipal Corporation of Brazosule MunenrI, ( 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 all that certain tract of land lying and being situ- ated in the J. E. Scott League, Abstract No. 50 ., Brazos County, Texas , and being a part of a 20 acre tract con- veyed to C. J. Gorzycki by M. Gorzycki and W. F. Gorzycki by deeds recorded in Volume 32 , Page 157 , and Volume 40 , Page 401 , of the Brazos County Deed Records more particu- larly described by course, width and centerline on the attached Exhibit "A" ( the "Property" ) . WHEREAS, Grantor is willing to grant to Grantee an undefined or "blanket" easement for an "Underground Electric Power Distribution System" , to be restricted her -e- o -y aci .yt "area(hereafter- the "easement area" ) , and defined by subsequent survey. NOW, THEREFORE, in consideration of TEN AND NO/100 DOLLARS $10 .00 ) , and the premises, convenants 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 . Grantor does hereby rant , and Grantee, its successors and ssigns, anrgainundefinedleasementvin and°to a portion of the above-described installing , maintaining, parcel of land for the purpose of ing and removing all undergroundnfacilties, includin co duct lines , vaults, fittings, rebuilding, operating, inspect- duct lines , described f ittint appliances and equipment, ndth sunder the right to install those provided ,elementsofsathat Grantee shall have the Distribution System above ground which cannot Undergbeulocated nd tund Power only upon those portions of Property expressly designated therefor underground and or approved by Grantor. Grantor shall installation, the usual differential cost of same, pursuant td col- lateral agreements. pursuant to This coveyance is only of the right , privilege the aforesaid purposes. Grantor and its lessees, successorsmant for assigns shall have the right to use and to to use theh easementheareaefor anyand ioterfeh with the safe and reasonable purposemwhich will not othersn the righty which not unreasonably installations to be made byterrace and operation of Grantee therein. 2. Grantee covenants and pos- sible with the normal flow of vehicular°andpedestrian as little as r and upon the Property, and to restore the surfaceLofathe rPro Property, whenever and wherever disturbed s existed by Grantee, to as atiy, prior to such disturbance, good a condition 3. Grantee hereby covenants and agrees that in the event future development or expansion of either the Pro land, or both, requires the relocation of the facilitiesthe constructed and installed in the easement area, Perry or adjacent already relo- cate such facilities, at Grantor' s expense if su harelocation requested by Grantor, provided such relocation is sound and feasible from an engineering standpoint as reasonably determined or is /o by Grantee, �/ 3/2 bf a V0LV.. n��r r 'rt s /—. A and provided further that Grantor shall grant to Grantee a substitute easement, by instrument in recordable form providing for such relocation. 4. The easement herein granted is intended to be temporary and shall terminate upon the earlier to occur of the Grantee' s delivery of a final "As Built" Survey, and concurrent execution of a permanent easement for the as built area. The "As Built" Survey shall delineate the actual location of all equipment and facilities installed by Grantee pursuant to the terms of this Temporary Blanket Easement Agreement which shall thereafter constitute a permanent easement area on which Grantee shall maintain, repair, rebuild and operate the equipment described in paragraph 1 above, and Grantee or its successors shall thereafter execute an instrument in recordable form perfecting its rights in and to the permanent easement area only whereupon this Temporary Blanket Easement shall be null and void and of no further force or effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officers and their corporate seals to be duly affixed , as of the day and year aforesaid. FOXHILL HOLDINGS, INC. , /_ BY: Akg, A `L�i/l/ i41 ay Brantl- 1l lice Presid: Approved as to Form this document may not be changed without re-submission for approval CORPORATE ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § Thi instrument was acknowledged before me on the -�_ daY. off.: 1986Ray2 e'sid!�n . a , by Brantley, as Vice JbehaHoldings, Inc. , a Texas corporation, on rl�f ',of ray_ corporation-- 41114 ^� s, Si • 0 Nota— Public in and for the State of Texas Printed Name. tA My Comm. Expires.�:� 430-85 VOL 885 4 • • • EXHIBIT "A" BEING all that certain tract of land lying and being situated in the J. E. Scott League, Abstract No. 50 , Brazos County, Texas , and being a part of a 20 acre tract conveyed to C. J. Gorzycki by M. Gorzycki and W. F. Gorzycki by deeds recorded in Volumee 32 , Page 157, and Volume 40, Page 401 , of the Brazos County Deed Records, described by metes and bounds as follows: BEGINNING at the most easterly corner of the said 20 acre tract . This'.corner also being the most easterly corner of a 192 acre tract conveyed by M. Gorzycki, et vir, to W. F. Gorzyckide dated June 12 , 1907, and recorded in Volume 32 , Page134 ,bDeeded Records of Brazos County, Texas. This east corner also being located within the right-of-way of Stater Highway No. 6; THENCE S 45 degrees W. a distance of 31 feet to the intersection of the South right-of-way of State Highway 6 with the southeast line of the said 20 acre tract. This point of intersection also being located 8 feet south 45 degrees E. from the north right-of-way line of Farm tofiarket Road No. 60; • THENCE in a northwesterly directionP44-1/2 degrees W) along the southwest line ofStatemHighway�No. 6 , a distance of 541 feet to an iron bar for the beginning corner of this 1 . 84 acre tract; THENCE continuing in a northwesterly direction along the southwest line of State Highway No. 6, a distance of 200 feet to an iron pipe for corner. This corner being the most easterly corner of the Western Motel tract, and also being the most northerly corner of a 2 . 76 acre tract conveyed by C. J. Gorzycki to Maion C. Pugh by deed dated October 8, 1952 , and recorded in Volume ' Page 284 , of the Deed Records of Brazos County, Texas; 156 , • THENCE S 45 degrees W along the Northwest line of the said 2 . 76 acre tract, a distance of 406 feet to an iron bar in the northeast line of Meadowland Street; THENCE S 45 degrees E along the northeast line of Meadowland Street a distance of 200 feet to an iron bar for corner; THENCE N 45 degrees E through the said 2 . 76 of 399 . 6 feet to the POINT OF BEGINNING, andcre containing 18istance acres, more or less. g . q BEING the same land described in deed from C. H. et al to Ed Garner, dated Februar Snyder, for record February 8 , 1961 , and recorded in6Volumefiled 209 , Page 42 .5 , Deed Records of Brazos County, Texas . • VOL 88r 5 �o PAGE ��