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1988V1066P419 412'?9€ rr.,.J:c 15 r.; �' LJ TEMPORARY BLANKET ELECTRIC POWER EASEMENT Made this // day of .u�S T ,1� `, 7,e, �_ between JOE C. FAZZINO Trustee, { 'r . . U . (hereina ter called GRANTOR ) and the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Cor- poration 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, de- scribed as follows : Being a 23 . 21 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract No. 46, Brazos County, Tex- as, and comprising all of those tracts of land conveyed to Joe Cemino et ux by deeds recorded in Volume 199, Page 193 and Volume 200, Page 71 of the Deed Records of Brazos County, Texas and being more particularly de- scribed by metes and bounds as follows : BEGINNING at a 3/8" iron rod found at the southwest corner of a 9.07 acre tract con- veyed to Home Finder Realty, Inc . , by Roland Berquist et ux by deed recorded in Volume 418, Page 804 of the Deed Records of Brazos County, Texas, same being the North corner of the herein described 23. 21 acre tract; THENCE S 51 ° 28 ' 43" E along the common line between the herein described tract and the aforementioned 9.07 acre tract for a distance of 119. 51 feet to a fence post for angle point ; THENCE S 47° 17 ' 38" E continuing along the aforesaid common line for a distance of 489. 18 feet to an old axle for corner ; THENCE S 42 ° 23 ' 18" W for a distance of 1664. 46 feet to an iron pipe found for cor- ner , said corner also lying in the Northeast line of Texas Avenue; THENCE N 48° 00 ' 41" W along the Northeast Right-of-Way line of Texas Avenue for a dis- tance of 605 .05 feet to a 3/8" iron rod found for corner; THENCE Northeasterly along an old fence line for the following calls : N 42 ° 23 ' 41 " E for a distance of 468.81 feet to an iron rod found for angle point; N 42 ° 27 ' 43" E for a distance of 299. 26 feet to an iron rod found for angle point; N 41 ° 53 ' 34" for a dis- tance of 494.51 feet to a 14" elm tree for angle point; N 42 ° 27 ' 16" of 400. 77 feet to the PLACE EOFoBEGINNINGr a ,icand containing 23. 21 acres of land, more or less. WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or Distribu- tion System" , to be restricted ehereafter rground ltotthe asric built area, and defined by subsequent survey. area, VOL 1_ JU PAV4 19 -1- I ' •w 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 therefor 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 pedestrian 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 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, ground service, equipment, and facilities, the "Asa tion Built"of Surveyv ' 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 GRAN- TOR but not otherwise . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their porate seals to be dul Proper officers and their cor- said. Y affixed, as of the day and year afore- -' JOE C. AZZINO Trustee von1U16FfGT420 -2- Approved as to Form this document may not be changed without re-submission for approval STATE OF TEXAS ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT This instrument was acknowledged before me on the 11th day of August , 1988, by JOE C. FAZZINO, Trustee. { :. Notary Public in and for th •'�� Pr inted tName e of Texas Bennie H. Luedke My Comm. Exp. March 14, 1989 VOL 1066 PAS': 421 -3-