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1986V916P756 371691 RECEIVES vL ' 2 S TEMPORARY BLANKET ELECTRIC POWER EASEMENT Made this 18th day of September "J' 4.41Ps` between TENNECO OIL COMPANY, a Delaware Corporation, authorized to do business in the State of Texas ( hereinafter called "GRANTOR" ) and the CITY OF COLLEGE 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 Lot 2B of the Resubdivision of Lot 2R of the Resubdivision of Courtyard Apartments Subdivision College Station, Texas, according to plat recorded under file No. 348542 in the office of the County Clerk of Brazos County, Texas. WHEREAS, GRANTOR is 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 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 sell and unto GRANTEE, its successors and assigns, bain,angundefined 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 Distributio System above ground which cannot be located underground onlyn those portions of property area expressly designated thereforepon or GRANTOR. pay for the underground installation, heusual 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 to others the right to use the easement area for any which will not unreasonably interfere with the safe and reason- able grant maintenance and operation of installations to be purpose GRANTEE therein. made by little as 2 . GRANTEE covenants and agrees to interfere as possible with the normal flow of vehicular and pedes- trian traffic over and upon the site, and to restore the of the site, whenever and wherever disturbed bygood a condition. as existed at the time of such disturbance.GRANTEE, to as surface 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. c 756 —1— 'P, �lJ �G. w. • 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 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. 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 cor- porate seals to be duly affixed, as of the day and year afore- said. TENNECO OIL COMPANY BY:.... .Z,,, 7 :..________.. ($ Vice President Approved as to Form this document may not be changed without re-submission for approval STATE OF TEXAS ) CORPORATE ACKNOWLEDGMENT COUNTY OF HARRIS ) This instrument was acknowledged before me on the 18th dayof ber a5 ---' 1986� by Neil H. McLauri n-- Vice resident of TENNECO OIL COMPANY Corporation, on behalf of said corporation. a Delaware i. / r Notary Public in and for the State of T E X A S Printed Name: My Comm. Expires: 4!""^!Fti MILDRED A. DWORSKY •` Notary public •s;....J• STATE OF TEXAS My Comm.Exp.8.314 -2- VOL 916 ;pA,c:757