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1990V1206P230 RECEIVED Ai 2 7 1S30 TEMPORARY BLANKET ELECTRIC POWER EASEMENTel ~'{ dil Made this 7,(-/-k day of 4uqus7c" , 1990, 'be- tween GOLDEN CORRAL CORPORATION, a North Carolina Corpora- tion, (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 a temporary electrical easement lying and being situated in College Station, Brazos County, Texas and being part of Lot "B" of UNIVERSITY PARK EAST (Replat) according to the plat recorded in Volume 1146 page 526, Official Records of Brazos County, Texas and being described as follows: BEGINNING at an iron rod at the south corner of said Lot "B", same being in the northeast right-of-way line of Tarrow Street; THENCE: N 47°50'24" W - 150. 00 feet along said Tarrow { Street lint to an iron rod for corner; THENCE: N 42 °05'24" E - 150. 00 feet to an iron rod for corner; THENCE: S 47°50'24" E - 150. 00 feet to an iron rod for corner, same being in the southwest line of said Lot 2 ; THENCE: S 42 °05'24" W - 150. 00 feet along said south- east line of Lot 2 to the PLACE OF BEGINNING; and con- taining 0. 51 acres of land, more or less, according to a survey made on the ground under the supervision of Donald D. Garrett, Registered Professional Land Sur- veyor, No. 2972 on July 12, 1990. d WHEREAS, GRANTOR is willing to grant to or "blanket" easement for an "Underground ElectriccE an undefinedowr Distribution System", g d Power built area, and definedobyesubsequentrestrictedsurvey. to the as 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: 1. GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE, its successors and assigns, an unde- fined easement in and to the above-described parcel of GRANTEE to install, maintain, repair, rebuild, perate, lin- spect and remove all underground facilities, including con- duits, duct lines, vaults, fittings, equip- ment, under the aforesaid describeappliances and property, GRANTEE shall have the right to install those elements,ofhat said Underground Electric Power Distribution System above ground which cannot be located underground only upon those portions of property area expressly designated therefore or approved by GRANTOR. GRANTOR shall ay installation, the usual differential pcost oofthe same, pursuantrn 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 grant to others the right to use the easement area for any purpose which will not unreasonably interfere with the safe and reasonable maintenance and operation of instal- lations 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 rea- sonably determined by GRANTEE, and provided further that GRANTOR shall grant to GRANTEE a substitute easement, by in- strument 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, location of underground service, equipment, and facilities, the "As Built" Survey shall delineate a proposed easement area to enable GRANTEE to maintain, repair, rent build, and operate the equipment described inagraph num- ber 1 above, and GRANTEE or its successors shallrthereafter 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. this agreement IN S WHEREOF, eby EREOF, the tpart toparties hereto have caused their corporate seals to be duly affixed,ir asrofftheeda a and year aforesaid y GOLDEN CORRAL CORPORATION BY: �. � I LAMAR BELL, Vice-President of Finance Approved as to Form This document may not be changed without re-submission for approval OW- -2- VOL 1?1)6 nAGE.231 STATE OF TEXAS ) COUNTY OF BRAZOS ) ACKNOWLEDGEMENT This instrument was acknowledged before me on the d,Y4h day of 414g<<57` , 1990, by Lamar Bell, as Vice Presi- dent of Finance for Golden Corral Corporation, a North Carolina Corporation, on behalf of said corporation. ' or ,H..t o `. Notary Public in and for ,, the State ofd--ti 1.7 3.� w G: LI •I �h , ;(. �3 t_1 00U�� VOL 12(06pAcr2'2 -3-