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1986V911P142 RECEIVED SE;' 0 8 1935 369931 i J vv AUG 29 F1 2: i 2 TEMPORARY BLANKET ELECTRIC POWER EASEMEN' :,,=' Made this 'L.f day of t)c,e7[ - F . ._.. 1986_�_ _d . between VICTOR E. PAULOS and ROBERT W. BUTLER (hereinafter calle "GRANTORS" ) and the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation of Brazos County, Texas (hereinafter called "GRANTEE" ) , WITNESSET H: WHEREAS, GRANTORS are the owners of certain real property, which GRANTORS intend to develop as a planned industrial facility, de- scribed as follows : All that certain tract or parcel of land lying and being situated in Brazos County, Texas, and being Block Sixteen ( 16 ) , GLEN- HAVEN ESTATES, PHASE VI , an addition to the City of College Station, Brazos County, Texas according to plat recorded in Volume 795 , page 701 , Official Records of Brazos County, Texas. WHEREAS, GRANTORS are 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 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 . GRANTORS do 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 therefor or approved by GRANTORS. GRANTORS 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. GRANTORS and their 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 little as possible with the normal flow ofvehicularfand pas trian traffic over and upon the site, and to restore the surface of the site, whenever and wherever disturbed byPedes- good a condition as existed at the time of such disturbance.GRANTEE, to as 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 uec,o VOL 911 PAGE142 -1- 076,46'7 rc�F'4Q�r already constructed and installed in the easement area, GRANTEE will relocate such facilities, at the request and expense of GRANTORS, provided such relocation is sound and feasible from an engineering standpoint as reasonably determined by GRANTEE, and provided further that GRANTORS shall grant to GRANTEE a substi- tute 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" Survey 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. GRANTORS warrant that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANT- ORS but not otherwise. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their porate seals to be duly affixed proper officers and their cor- said. as of the day and year afore- ICTOR E. P, Ls . R 'ERT W. BUTLER Approved as to Form this document may not be changed without re-s . : i -sion for approval Pproval A `^,--- yew STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This ' strument was acknowledged before me on the 1986 ,JC by Victor E. Paulos. day of v . • � ...r . (Notary � ` ' Gz:„ ..,, t,\ �� �, :. the StatebofcTEN4y n ' o Printed Name: ' .1...14;;.::- .. My Comm. Expires: 1 11�A. - STATE OF TEXAS COUNTY OF BRAZOS ) ACKNOWLEDGMENT This ittrument was acknowledged before me on {�- )' 1986 the / by Robert W. Butler. ____ _L__ day °f_ T1 /1 Q 1.: `.-- Notary P bic in :'.nd the State of TEXAS ,i / u. Printed Name: `,P 4.°1 -;M •/ c • My Comm. Expires: ; „ j, . von 911 °A7.-143