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1986V893P42 • 54'7t) i� TEMPORARY BLANKET ELECTRIC POWER EAStMEN'i' Made t i h s .e day 9 of .�%c-rc�c� h 986' between TEM-KIL CO. , INC. , a Texas Corppr tion, (hereinafter called "GRANTOR" ) and the CITY OF COLLtGE 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 0.27433 acre ( 11 ,950 s. f. ) tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46 , and being part of the 9. 32 acre tract of land conveyed to Jan-Wic, Inc. , by Kenneth C. Krenek by deed recorded in Volume 627 , Page 170 , Deed Records, Brazos County, Texas more particu- larly described in the attached Exhibit "A" . WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or "blanket" easement for an "Unde rg d E,1 c Power Distribu- tion System" , to be restricts hereafter to the as built area, gia-aefinea 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 col- lateral 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 little as possible with the normal flow of vehicular and pedes- 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 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 893 PAG. 42 -1- 170541 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 GRANTOR but not otherwise. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officers and their corp- orate seals to be duly affixed, as of the day and year aforesaid . TEM-KIL CO. , INC. L2'4"" By. A Ri- hard A. Dewitt, President Approved as to Form this document may not be changed without re-su1 issio / for approval STATE OF TEXAS ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This i rument was acknowledged before me on the , 1986, byRichard A. .9...r-e6 day of of T it Co. , Inc. , a Texas Corporation, on behalfsofrsaident corp ration. �-' Notary Public in and for the State of T E X A S Printed Name: My Comm. Expire : 77-7_ rp E. A. i1EiSARLlNG ...... NOT":n`;' l' ' `.'.. of Texas My C —2— QQ� ��i 89 1 PAM- 43 - - GALIN 0 ENGINEERS AND T ANNER S • 4103 S.Texas Avenue,Suite 204 P.O. Box 3322 Bryan,Texas 77805 1?AN 260-9191 (409) r 0.27433 Acre Tract Part of 9.32 Acre Krenek Tract • 23-83 College Station, Texas Being a 0.27433 acre (11 ,550 s.`f. ) tract or parcel of Iand lying and being situated in the Morgan Rector League, Abstract No. 46, and being part of the 9.32 acre tract of land conveyed to Jan-Wic Inc. by Kenneth C. Krenek . •by deed recorded in Volume 627, Page 170, Deed Records, Brazos County, Texas and being more properly described as follows: Commencing at an iron rod marking the northwesternmost corner of Lot 1 , Block A, Ashford Square Subdivision, College Station, Texas, platted and recorded in Volume 590, Page 269, Deed Records, Brazos County, Texas, said rod also located on the southern right of way I ine of Southwest Parkway; THENCE S 44°39'49" W along the southern right of way Iine of Southwest Parkway for a distance of 413.88' ; C THENCE S 47°0'0" E for a distance of 50.00' to the PO1 NT OF BEGINNING; THENCE S 44°39'49" W along a Iine 50' from and parallel to the southern right of way line of Southwest Parkway for a distance of 91 .04' ; THENCE S 47°0'0" E along a line 50' from and parallel to the eastern right of way Iine of Texas Avenue for a distance of 132.64' ; THENCE N 43°0'0" E for a distance of 91 .00' ; THENCE N 47°0'0" W for a distance of 130.00' to the POINT OF BEGINNING containing 0.27433 acres (11 ,950 s.f. ) more or less. R/.A. Galindo, R.P.S. # 2588 - March 23, 1984 VOL 89`� P G 44 . •