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1991V1231P286 3. •5'7 n s� FILED 1 V Q 0 4/ I f '. lJ raft .�.. ...� 'r'Qr; ..�-r�:.1, 4. TEMPORARY BLANKET ELECTRIC POWER EASEMENT n4) 0 13:31 r� VARY AN. ,Anel Made this 14thay of s Y er between the BOARD OF REGENTS OFc THE TEXAS A&M UNIVERSITY " SYSTEM, a State agency, the CITY OF COLLEGE STATION, an Texas Home after eRule d Municipalnd 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: All that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, and being Lot Five (5) , Block "V", University Park Section Two, an addition to the City of College Station, Brazos County, Texas, according to the resubdivision of Lots One (1) , Four 4 Six (6) , Seven (7) , Block "V" and ( and anunplattedFive (5) � Lot, University Park Section Two (2) , plat recorded in Volume 673, Page 301 of the Official Records, Brazos County, Texas, and being the same property conveyed by Burl McAlister, et al, to Financial Center Ltd. , a State of Colorado Limited Partnership, by instrument dated January 16, 984, and recorded in Volume 641, Page 792, Official Records, Brazos County, Texas. WHEREAS, GRANTOR is willing to grant to GTEE an 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 tages accruing to the parties hereunder, the receipt and sufficiencyan- of all of which are hereby acknowledged, the parties covenant and agree as follows: conve 1. GRANTOR does hereby grant, bargain, sell and y unto GRANTEE, its 'successors and assigns, unde- fined easement in and to the above-described GRANTEE to install, maintain, repair, g ' an spect and remove all underground facilities, of land; con- duits,poperate,ungn- t, under tines,he vaults, fittings, including equip- ment, dhrlthave rthe rdght described property,ropeity, s and equip- pllthos provided,entthat said Underground Electric Power SystemDistributioneab vof e ground which cannot be located underground only above portions of property area expressly upon those approved by GRANTOR. GRANTOR shalpay yignrted therefore or instal ].anon, the usual diffArA tial r.oc}or the underground to collateral agreements, n._ ost of same, pursuant easement for Conveyance is only of the right, andssees purposes. GRANTOR privilege successors, and assigns shall have RtheOright touse and to grant to others the right to for any purpose which will g use the easement area the safe and reasonable maintenancet aandal the / s to beoperation interfere with made by GRANTEE therein. of instal- little as 2 . GRANTEE covenants and agrees to possible with the normal flow of vehicular and interfere as 4,,t!!2I F~ pedestrian traffic over and upon the site and to restore -'1"'"�"`'"°��``"```T" a, � fir/ F//�7//_//777//-7131PAGr 286 7“/ 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 formerfectin the rights existing hereunder in and to the "As Built"g 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 executedby WITNESS WHEREOF, the tpaparties hereto have caused their corporate seals to be duly affixed,ir asrofftheeda and year aforesaid. y and BOARD OF REGENTS OF THE TEXAS & V RSITY SYSTEM BY: `►a 4 ' J• ' S B. BOND, •,puty Chancellor 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 14th of December as Deputy Ilorancel19 90 by JAS B. BOND day TEXAS A&M UNIVERSITY SyST of the BOARD OF REGENTS OF THE a State a•ency, on behalf of said agency. '7- ^ GALE DAVIDSON li„ % STAT = r ::,s No ary .,ub ►is in ,and "*Pfor } My Commission e;;p.e, 2-18-91 the State .f Texas -2- VOL 12‘.31 Parr 257