Loading...
1990V1181P466 q0-,4 442 TEMPORARY BLANKET ELECTRIC POWER EASEMENT - Made this 1 -tL- .._, u day of , .• 199.0, between CREATIVE INSURANCE CONCtPTS, a Texas;;, .ori.ticrat-iony (hereinafter called "GRANTOR") and the CITY OF '0d4 cE; ' STATION, a Texas Home Rule Municipal Corporation of Brazos County, Texas (hereinafter called "GRANTEE") (6C -*),c.: W I T N E S S E T H: WHEREAS, GRANTOR is the owner of certain real property, which GRANTOR intends to develop as a planned industrial facility, described as follows: All of Tract G-1, PONDEROSA PLACE, SECTION TWO, an addition to the City of College Station, Brazos County, Texas, according to the Plat thereof recorded in Volume 1130, Page 283 , Official Records of Brazos County, Texas. WHEREAS, GRANTOR is willing to grant to GRANTEE an undefined or "blanket" easement for an "Underground Electric Power Distribution 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 advan- tages accruing to the parties hereunder, the receipt and sufficiency of all of which are hereby acknowledged, the parties covenant and agree as follows: convey unto 1.GRANRANTORts does suhereby bysgrant, and bargain, sell and fined easement in and to the above-describedgpa, an ofd el of la GRANTEE to install, maintain, repair, rebuild, operate, � in- spect and remove all underground facilities, including con- duits, duct lines, vaults, fittings equip- ment, under the aforesaid described appliances and property, GRANTEE shall have the right to installthose elements of said Underground Electric Power Distributionprovided, that ground which cannot be located underground onlystpo athos portions of property area expresslydesignated Y cern ore o approved by GRANTOR. GRANTOR shalttherefore or installation, the usual differentialpcostayor ofthe same,unpursuantrn to collateral agreements. ege and easemeThis soconveyanceis only of the right, andseas, entceorots purposes. GRANTOR rand lits lesand to and assigns shall have the right to use grant to others the right to use the easement area for any purpose which will not the safe and reasonable maintenance and interfere with operation unreasonably of instal- lations to be made by GRANTEE therein. 2 . GRANTEE covenants n to little as possible with the normalflowLofsrferas d and to restore pedestrian traffic over and upon the site, vehicular and the surface of the site, whenever and wherever disturbed GRANTEE, to as good a condition as existed at the time of such disturbance. by 3 . GRANTEE hereby the event the future developmentvoraexpansiionnts and gofes ther r in site or adjacent land, the facilities already constructed gand einsta relocations the dnhof easement area, GRANTEE will relocate such facilities request and expense lled in the sound and feasible from GanNe�gineerindes such relocation is rea- sonably determined by GRANTEE, g standpoint as GRANTOR shall grant to GRANTEEand provided further that in- strument in recordable form a substitute easement, by Ai ,,o� providing for such relocation. .,,e 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 underground 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 successors shall there- after 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 corporate seals to be duly affixed, as of the day and year aforesaid CREATIVE INSURANCE CONCEPTS 77: Ay, • %P Approved as to Form This document may not be changed without re-submission for approval STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGEMENT This instrument was acknowledged before me on the r/� day of as R SI , IIT 1990, by AVic Vi FICk ON for Concepts, a Texas Corporation, on behalf ofesaideInsurance corpora- tion. l Ao At) ) 1 _ ) _� • ary Public in and for the State of Texas • -2- ^7