|
EASEMENT
<br />THE STATE OF TEXAS
<br />COUNTY OF HAYS
<br />BEC internal use only
<br />MAP REF. #S907 025
<br />VKO.#
<br />The undersigned . for a good and valuable consideration, the receipt of which is hereby
<br />acknowledged, does hereby grant and convey unto BLUEBONNET ELECTRIC COOPERATIVE, INC. ("8mntee")'whose post
<br />office address is P.O. Box 729, Bastrop, Texas 78602, and its legal representatives, successors and assigns, anon-exc|uaive'
<br />permanent and perpetual easement and right of way (the "Easement") in, upon, below or above Grantor's lands, situated in the
<br />County of Hays , State of Texas, and described as follows (the "Property"):
<br />A tract ofland consisting ofapproximately acres inthe Hills of HaVs Phase I Lot 56 131k 2, ordescribed in
<br />instrument recorded inVolume 4.Page 2GQ.Plat Records ofHays County, Texas.
<br />The area of the Easement for Underground Electric Facilities eho|| be 10 feet either side of the initial line(s) as
<br />constructed byGrantee (the "Easement Area") as depicted in attached metes and bounds survey, attached as
<br />Exhibit /\, and made apart hereof for all purposes.
<br />The purpose and scope ofthis Easement istoplace, construct, re -construct, re -phase, operahs, maintain, ral000ba' replace and
<br />remove in, below the Easement Area an underground electric distribution line or sysbem, telecommunications systems and
<br />equipment, or other services and systems, and its related appurtenances and equipment, and to cut, trim, chemically treat, and/or
<br />nannovo any or all trees, brush, shrubbery or other obstructions within or outside the Easement Area to the extent necessary to
<br />keep the Easement Area clear, or which might otherwise endanger or interfere with the efficiency of the lines. Non-use of the
<br />Easement shall not be deemed an abandonment. the Easement shall only be terminated by written instrument executed by
<br />Grantee and recorded in the real property records of the county or counties in which the Easement Area is located. The purpose
<br />and scope of this Easement may not be changed, and Easement Area may not be relocated, without Grantee's written consent.
<br />The underground electric facilities installed under this Easement shall be installed using open trenching and in substantial
<br />accordance with the minimum specifications shown in Exhibit B. attached hereto and made part hereof, provided that the City
<br />Engineer may approve variations tosuch specifications inwriting.
<br />Grantee shall have the right ofpedestrian, vehicular, and equipment ingress and egress over the Property, orany other of
<br />Grantor's adjacent |ande, to and from the Easement Area for the purpose of placing, oonstructing, re-construcbng, re -
<br />phasing, operating, maintaining, relocating, replacing and removing said lines and appurtenanoea, and may make use of
<br />such Property or other lands outside the Easement Area as is reasonably necessary for such activities' including the
<br />temporary placement and storage ofvehicles and equipment.
<br />To have and to hold unto Grnntee, its legal representatives, successors and assigns, forever. Grantor binds Grantor and
<br />Grantor's heim, executors, administrators, legal nepreaenbativea, successors and assigns towarrant and forever defend all
<br />and singular the rights herein to Grantee, its legal nepresentadives, successors and assigns against every person
<br />whomsoever lawfully claiming or to claim the same or any part thereof, when the claim is by, through, or under Grantor, but
<br />not otherwise. This is an easement appurtenant and is a covenant running with the land.
<br />Grantor may not construct or place any structures, devices, or obstacles in or on the Easement Area that may in Grantee's
<br />opinion constitute a hazard to the safe and reliable operation of the lines and appurtenances installed in the Easement Area
<br />orinthe opinion nfGrantee, edanger toGrantor orthe general public.
<br />Grantee acknowledges that the Easement Area and the Property are used by Grantor for o detention pond and drainage
<br />utility purpoueo, and accepts the Easement Area "AS -IS," and with ufuU understanding of Grantor's prior and continuing
<br />underlying uses.
<br />Rev. 05.2019
<br />
|