Loading...
1991V1351P248 4 513 i. TEMPORARY BLANKET ELECTRIC POWER EASEMENT Made this \s} day of S.Q.06-\--4z,,r„- -L':L->,.:i , 91, --"t? between WAL-MART STORES, INC. , a Delaware Corporation, (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: All that certain 16. 00 acre tract or parcel of land, lying and being situated in the Richard Carter League, Abstract No. 8, College Station, Brazos County, Texas, and being a portion out of that same 66. 17 acre tract conveyed from P. Blake Hedblom to United Savings Association of Texas, as described by deed recorded in VOLUME 968 , PAGE 830, of the Official Records of Brazos County, Texas, said 16. 00 acre tract being more particu- larly described in the attached Exhibit A. 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: 1. GRANTOR does hereby grant, bargain, sell and con- vey 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, in- spect and remove all underground facilities, including con- duits, duct lines, vaults, fittings, appliances and equip- ment, 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 therefore or approved by GRANTOR. GRANTOR shall pay for the underground installation, the usual differential cost of same, pursuant 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. YO,_ _1 `_ r`� FM:,` 248 0,3 ccA,-.) R 91256 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 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, showing the loca- tion of underground service, equipment, and facilities, the "As Built" Survey shall delineate a proposed permanent ease- ment area to enable GRANTEE to maintain, repair, rebuild, and operate the equipment described in paragraph number 1 above, and GRANTEE or its successors shall thereafter exe- cute 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. WAL-MART TORES, INC. BY: 0' r ` a55S4.S*o r* CSS APPROVED AS TO FORM. This document may not be changed without re-submission for approval STATE OF ARKANSAS ACKNOWLEDGEMENT COUNTY OF This instrument was acknowledgedefore me on the - day of E � 1 , 1991, by ) 064- 1 .-day s •��c� Sf:Vice President of WAL-MART STORES, INC. , a)Delaware Corporation, on behalf of said corporation. 1 N. ary Public in and for ✓✓ ?,_'' ,.� a� t e State of Arkansas r•-• �� • ,,,".�i' C.4% -2- vo. 13r'': .ra,c. 249 • METES AND BOUNDS DESCRIPTION OFA 16.00 ACRE TRACT RICHARD CARTER LEAGUE, ABSTRACT NO. 8 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 16.00 acre tract or parcel of land, lying and being sutuated in the Richard Carter League, Abstract No. 8, College Station, Brazos County, Texas, and being a portion out of that same 66.17 .acre tract conveyed from P. Blake Hedblom to United Savings Association of Texas, as described by deed recorded in VOLUME 968, PAGE b3U, of the Official Records of Brazos County, Texas, said 16.0U acre tract being more particularly described as follows: BEGINNING at a 1/2" iron rod in a concrete monument found marking the west corner of Harvey Road East Subdivision, ,is shown by plat recorded in VOLUME 1123, PAGE 813 of the Official Records of Brazos County, Texas, and lying in the northeast right-of-way line of Texas State Highway No. 6 East Bypass. A found concrete right-of-way monument bears S 41° 03' 58" E 296.92 feet. THENCE N 41° 06' 37" W 650.01) feet with said right-of-way line to a 1 /2" iron rod set for corner. A found concrete right-of-way monument (crushed) hears N 41° 06' 37" W 68.32 feet. THENCE N 42° 18' 37" E 919.35 feet across said 66.17 acre tract to a 1 /2" iron rod set for reference monument, continuing for a total distance of 1079.35 feet to a point for corner. THENCE S 41° 06' 37" E 90.00 feet across said 66.17 acre tract to a 1/2" iron rod set for reference monument, continuing for a total distance of 65U.UU feet to a 1/2" iron rod set for corner. THENCE S 42° 18' 37" W 375.15 feet across said 66.17 acre tract to a 1/2" iron rod found in a concrete monument marking the north corner of said Harvey Road East Subdivision. THENCE S 42° 18' 37" W 704.20 feet with the line of said subdivision to the PLACE OF BEGINNING and containing 16.00 acres of land, more or less. August 1990 SURVEYOR' S CERTIFICATE I hereby certify to Wal—Mart Stores, Inc., Stewart Title Company, and United Savings Association of Texas FSII that on August 13 , 1990, this survey was made on the ground under my supervision as per the field notes set forth on or attached to this survey, and correctly and accurately shows: the boundaries and area to the nearest square toot of the subject property; the sizes, location and types of all buildings and other visible improvements thereon, and the locations of all easements, rights—of—way, set—back lines, encroachments, and overlaps affecting the subject property which are of record , or whether or not they are of record, which are visible or of which I have been advised. Except as shown on this survey, there are no encroachments upon the subject property by improvements, fences, walls, or the like located on adjacent property; there are no party walls with improvements on adjacent property; there are no encroachments upon . or over any set—back or building line, or onto any adjacent properties, streets, or alleys by any improvements , fences, walls, or the like located un the subject property ; and there are no conflicts or protrusions. Ingress to and 1„ e rl ss from the subject propurty rovi{Intl by State 111 11 Uwav No. I, EaSL 41,i F Bypass, which is a paved, dedicated, public right—of—way maintained by % the State of Texas. Except as shown on this survey , no part of the subject property lies within the 100—year Flood Plain, as identified by the Federal Emergency Management Agency according to FEMA—FIRM Community—Panel No. 480083-0001 B, July 1981. This survey has been performed in accordance with and meets the Standards of a Texas Society of Professional Surveyors' Category 1A, Condition II Survey. August 13 , 1990 -r;;-.7t\ /// r 11.t•, .L� {�..l.J.,,�_ .. EXHIBI A