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1988V1022P258 rf q-OO BLANKET ELECTRIC POWER EASEMENT Made this 22nd day of December, 1987 , between SAND- STONE SYSTEMS, INC. , (hereinafter called "GRANTOR" . OF COLLEGE STATION, a Texas Home Rule Municipal Corpd 4tion-of,�;-7 4,_ 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 all that certain tract or parcel of land consisting of approximately 15 . 00 acres, lying and being situated in the ROBERT STEVENSON SURVEY, Abstract No. 54, and in the THOMAS CARUTHERS SURVEY, Abstract No. 9, College Station, Brazos County, Texas, and being a part of the 44 . 14 acre tract of land conveyed to Philip G .E. Vandekerckhove, Trustee by David R. Bolton, Trustee by deed recorded in Volume 612 , Page 437 of the Deed Records 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 grant, bargain, sell and convey unto GRANTEE, its successors and assigns, an undefined easement in and to the above-described maintain, repair, rebuild o parcel of land; GRANTEE to install , gond acilitis perate, inspect and remove all under- gin s , including conduits, duct lines, vaults, fit- g , 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 ysground which cannot be located underground only those approved by of property area expressly designated therefor or GRANTOR. GRANTOR shall pay for the underground installation, the usual differential cost of same, ursuant to collateral agreements. P This conveyance is only of the right, privilege easement for the aforesaid pur oses P GRANTOR and its lessees, successors, and assigns shall have the right to use and to r to others the right to use the easement area for which will not unreasonably grant ahlmaintenancewand o interfere with the safeandpurposereason- / GRANTEE Aeration of installations to be made by +� therein. 2. GRANTEE covenants and AV L little as possible with the normal flowrofsvehiculato rfand as s- traffic over and �' ���7C�.a of the site, whenever and owherever e tdisturbed bysGRAN the, surfaceopes good a condition as existed at the time of such disturbance. as 3. GRANTEE hereby event the future EElopmencovants and agrees that in the expansionr of either the site or adjacent land, or both, requires the relocation of the facilities ee-€ /0,,,"c Xie., �. eF'22 7-1 c_/ ! . -�-'kfAe.��./-- Ci.Jn w 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 relocation. 4. 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 . SANDSTONE SYSTEMS , INC. BY: I +, 4? 1 W. GINN BLACK Approved as to Form this document may not be changed without re-submission for approval STATE OF TEXAS ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before m on the 22nd d December 22, 1987, by W. GINN BLACK as SANDSTONE SYSTEMS, INC. ,iu� ay of of corporation. a Texas Corporation, on behalf of said of , � � L Notary Public in and the State of T;E X A. So —' Printed Name-/ 'Pi / -4'- '4 — My Comm. Expires: ; r _) - )Y -'cr r J r EXHIBIT A 'H Description of the Premises • Being all that certain tract or parcel of land consist- �' i 1 ing of approximately 15 . 00 acres , lying and being situated in the ROBERT STEVENSON SURVEY, Abstract No . 54 , and in the }; THOMAS CARUTHERS SURVEY, Abstract No. 9 , College Station, :',7 Brazos County, Texas , and being a part of the 44 . 14 acre 2' tract of land conveyed to Philip G.E. Vandekerckhove, Trustee by David R. Bolton, Trustee by deed recorded in '• Volume 612 , Page 437 of the Deed Records of Brazos County, Texas and being more particularly described by metes and . bounds as follows : COMMENCING: at a 1/2-inch iron rod found at a fence corner marking the south corner of the said I M 44 . 14 acre tract, said iron rod being in the I . 1, northeast right-of-way line of State Highway No. 6 (based on a 100-foot width) and being ;� d`, the south corner of a called 3 . 57 acre 13 right-of-way tract as described in Volume 14 , I g Page 592 (Case .219-CC) of the Condemnation I 4 s..- Records of Brazos County, Texas ; i'� .� Vii' THENCE: N 44° 19 ' 44" E along the southeast line of '' said 44 . 19 and 3 . 57 acre tracts for a dis- tance of 110 . 00 feet to a 1/2-inch iron rod III set for the POINT OF BEGINNING; ' 4 THENCE : N 46° 17 ' 20" W along the northeast line of ' ' said 3 . 57 acre tract for a distance of 100 . 01 IH . _ feet. to a 1/2-inch iron rod set for corner ; I, , III ,' THENCE: N 44° 19 ' 44" E into the interior of said a+ 44 . 14 acre tract for a distance of 1 'I ' G` 590 . 15 feet to a 1/2-inch iron rod set for corner; ' I 1 :4- THENCE: N 45° 40 ' 16" W for. a distance of 720. 00 feet IiI to a 1/2-inch iron rod set for corner, Ili rLH 11 THENCE: N 44° 19 ' 44 " E for a distance of 690 . 78 feet , ' If OPto a 1/2-inch iron rod set for corner, said f1 ; iron rod also being in the common line of the ij , ° ' said 44 . 14 acre tract and the 341 . 6 acre* tract described in the deed to W.G. Ritchey and wife, Sybil D. .� , yRitchey, from J.W. Outlaw, „�! Jr. , as recorded in Volume 237 , Page 29 of `"` the Deed Records of Brazos County, Texas ; ):6 41 THENCE : along the fence line found marking said common line as follows : Vn' _1_i.i(.2 c.-c 2 1 II /- +. ',•. , S 46° 18 ' 12" E for a distance of 190 . 63 feet to a 10" dead tree; :�� '� S 50° 09 ' 36" E for a distance of 113 . 92 feet k ' to a 10" Post Oak Tree; S 51° 47 ' 01" E for a distance of 24 . 84 feet }� to a 11 " Post Oak Tree • !� ,^ S 61° 19 ' 50" E for a distance of 117 . 00 feet -. .4: to a 20" dead tree ; and , S 50° 58 ' 41" E for a distance of 290 . 86 feet ,` to a 5/8-inch iron rod found marking the +: .. south corner of the said 341 . 6 acre Ritchey tract; ;> '' THENCE: S 46° 01 ' 31" E continuing along the said ' fence marking the northeast line of the beforementioned 44. 14 acre tract for a dis- tance of 88 . 84 feet to a 1/2-inch iron rod f found at the fence corner marking the east 11 corner of the said 44 . 14 acre tractil ; y THENCE : S 44° 19 ' 44" ,W along the average fence line gg found markin ` the southeast line of the : . befotment'ior(ed 44 . 14 acre tract for a dis- � ;; tance of 1352 . 55 feet to the POINT OF BEGIN- ;'' ;', s NING and containing 15. 00 acres of land, more or less . Said Premises are subject to : 1 . Taxes for the year 1987 and subsequent years, and f• subsequent assessments for prior years due to '• change in land usage or ownership. 2 . Estate created by oil, gas and mineral lease granted to Amalgamated Bonanza Petroleum, Ltd. by E.W. Sayers and wife, Edith Sayers in dated October 16, 1978 recorded in Vol. 33rument Page 475 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas , and all terms , condi- tions, and stipulations contained therein. Title to this lease has not been investigated subsequent - to the date thereof. , 3 . One-half (1/2 of all oil, gas and other minerals ,,; of every character in and under the herein de- tscribed property reserved by W.M. Sayers and wife,,E% *X Gladys C. Sayers in instrument recorded in tyVol . 183 , Page 175 of the Deed Records of Brazos y County, Te;:as , reference to which instrument is here made for all purposes . Title to said inter- v est has not been investigated subsequent to �.<... q date 't' of the aforesaid instrument. fF: i3 .1 I