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1988V1091P551 • 4 938 TEMPORARY BLANKET ELECTRIC POWER EASEMENT MEE DEC 21 Fid 2: 48 Made this / t-1)� day of LPlro/I2 between COLLEGE STATION INDEPENDENT SCHOOL DISTRICT a w elementary and secondary school district ( hereinafter call�i .„A. ,7u ^; "GRANTOR” ) u cec tilJck6��k�, r and the CITY OF COLLEGE STATION, a Texas Home �tu�e�_. 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, de- scribed as follows : All that certain 10 .00 acre tract or parcel of land , lying and being situated in the Crawford Burnett League, Abstract No. 7, Col- lege Station, Brazos County, Texas and being comprised of all of Block Eight (8 ) and Block Nine ( 9) , Westchester Park Phase One ( in- cluding an area contained in a public street known as Marquis Lane) as shown by plat re- corded in VOLUME 1054 , PAGE 373 of the Offi- cial Records of Brazos County, Texas, and a portion of the unpiatted remainder of a 156. 56 acre tract conveyed from Clement A. Dobrovolny, et al . , to Peoples Mortgage Com- pany of Llano, Texas, as described by deed recorded in VOLUME 587, PAGE 220 of the Deed Records of Brazos County, Texas, said 10. 00 acre tract being more particularly described as follows : BEGINNING at a railroad crosstie fence post wit an accessory 40 penny nail driven in its side found marking the northwest interior "ell" corner of said 156.56 acre tract and being also the northeastern exterior "ell" corner of a 94 . 77 acre tract conveyed to Lieven J. Van Riet, as described by deed re- corded in VOLUME 327, PAGE 56, of the Deed Records of Brazos County, Texas. THENCE N 37° 02 ' 59 " E for a distance of 3177.14 feet across said 156 .56 acre tract to a 1/2" iron rod set for corner in the pro- posed southwest right-of-way line of Welsh Street, and being the beginning of a curve to the right. THENCE in a southeasterly direction for a distance of 401 .73 feet along the arc of said curve (Curve data: central angle = 03 ° 03 ' 11 " , radius = 7539. 16 feet, tangent = 200 .91 feet, the chord bears S 39° 34 ' distance of 401 .68 feet) to a 1 2" E for da found for end of said curve, and 1yiinon rod the existing southwest right-of-way lineng of1n Welsh Street. THENCE S 38° 02 ' 59" E for a distance of 2 feet with said right-of-way line to a 1/2" iron rod found for the beginning of a curve to the right. �r-• p47-551 • THENCE in a southwesterly direction for a distance of 39. 27 feet along the arc of said curve (Curve data: central angle = 90 ° 00 ' 00" , radius = 25. 00 feet, tangent = 200.91 feet, the chord bears S 06° 57 ' 01 " W for a distance of 35.36 feet) to a 1/2" iron rod found for end of said curve, and lying in the existing northwest right-of-way line of Rock Prairie Road . THENCE S 51 ° 57 ' 01 " W for a distance of 487 .04 feet with said existing right-of-way line and its proposed extension to a 1/2" iron rod set for corner. THENCE N 38° 02 ' 59 " W for a distance of 799. 37 feet across said 156 . 56 acre tract to a 1/2" iron rod set for corner in the common line between said 156 .56 acre tract and said 94. 77 acre tract. THENCE N 41 ° 47 ' 04" E for a distance of 197.97 feet with said line to the PLACE OF BEGINNING, and containing 10 .00 acres of land , more or less. 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 ac- cruing 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; GRNTEE maintain, repair, rebuild , operate, inspect andremovetallnunder- 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 onlyupon those portions of property area expressly designated therefor approved by p n GRANTOR. GRANTOR shall pay for the underground or in- stallation, the usual differential cost of same, pursuant to col- lateral o - lateral agreements. 1 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 grant which will not unreasonably interfere with the safe and reason- able maintenance and operation purpose GRANTEE therein. of installations to be made by 2 . GRANTEE covenants and agrees to interfere as little as possible with the normal flow of vehicular and traffic over and upon the site, and to restore the psurface ofa site, whenever and wherever disturbed by condition as existed at the time of such diisturbance. as good a the V0� 1_J91 PAY 552 -2- 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, showing the location of under- ground service, equipment, and facilities, 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 . COLLEGE STATION INDEPENDENT SCHOOL DISTRICT BY: 41r , 4114gry Approved as to Form this document may not be changed without re-submission for approval 1 STATE OF TEXAS ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT Tr 's instr ment was acknowledged b=fore me on the /�Z as �. i , 1988, by . A 4 • cu� day of School District, on behalfof ofthe saidollege schoolSdistrrictndependent • I • i Ne ary Publ c in and for the State of Texas , Printed Name: r r My Comm. Exp. : impu0, n (� 'tel VOL 1 0991 PAC; 553 ,. -3-