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Non-Exclusive Partial Assignment of Easement Agreement for Electrical Utilities

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Non-Exclusive Partial Assignment of Easement Agreement for Electrical Utilities NOTICE: OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOV[ OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Non-Exclusive Partial Assignment of Easement Agreement for Electrical Utilities Date: June 8, 2020 Assignor: City of Bryan, Texas Assignor's Mailing Address: P.O. Box 1000 Brazos County Bryan, Texas 77805 Assignee: City of College Station, Texas Assignee's Mailing Address: P.O. Box 9960 Brazos County College Station, Texas 77842 Consideration: Ten Dollars ($10.00) and other good and valuable consideration. Easement Property: (See the attached property descriptions in Exhibits A through G attached) This Assignment shall assign the rights herein specified only as to that portion of the above described Easement Property more particularly described on the attached Exhibits "A" through ''G" known as the "Easement Area", and any additional area adjacent to the Easement Area necessary to install and maintain the Facilities subject to this assignment. Partial Assignment of Easement. For the Consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor, acting individually, and for, and on behalf of, its heirs, successors, and assigns, collectively "Assignor" hereby assigns, without warranty, to the Assignee, its successors and assigns, a perpetual, non-exclusive right to use the Easement Area herein described. Permitted Use. Assignee may use the Easement Area to construct, reconstruct, make improvements, install, operate, maintain, patrol, inspect, test, repair, upgrade, alter, replace and remove, now or in the future, certain electrical utility facilities (the "Facilities"), together with the right of ingress and egress over, under, above, across and through, and the use of any adjacent real property owned or controlled by Assignor to and from the Easement Area for the purpose of exercising the rights assigned herein. FM 60 Easement Assignment Form: City of Bryan to City of College Station. Assignee's right to use the Easement Area is non-exclusive, and Assignor reserves for Assignor and Assignor's heirs, successors, and assigns the right to use all or part of the Easement Area in conjunction with Assignee. Facilities. The Facilities installed hereunder may include, but not necessarily be limited to, poles, cross anns, insulators, wires, cables, conduits, hardware, transformers, switches, guy wires, anchors and other equipment, structures, underground conduits and distribution conductors, material and appurtenances, now or hereafter used, useful or desired in connection therewith by Assignee, together with all appurtenances necessary for the operation and maintenance of the transmission and distribution of electricity. Assignee shall have the right to clear and keep all trees, roots, brush and other vegetative obstructions from the surface and sub-surface of the Easement Area to maintain minimum clearances from the Facilities of Assignee, as provided in the National Electrical Safety Code or other applicable state and local laws, regulations and ordinances, and only to the extent that such vegetation poses a threat to the Facilities, and Assignee shall be responsible for damages caused to Assignor's property arising from Assignee's maintenance of the Easement Area. Assignee is responsible for restoration of the Easement Area after Assignee installs or maintains the Facilities. Duration of Easement. The duration of the Assignment is perpetual. Hold Harmless and Indemnification. To the extent permitted by law, Assignee agrees to defend, indemnify and hold harmless the Assignor, and all of its officials, employees, agents, contractors and consultants, from any and all claims, demands, suits, actions, damages, penalties, and liability of any kind, including injuries to persons or damages to property, which result from or arise out of the Assignee's use of the Easement Area. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in Brazos County, Texas. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or FM 60 Easement Assignment Form: City of Bryan to City of College Station. other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. ASSIGNOR: CITY OF BRYAN, TEXAS By:~~----------­ Printed Name: ------------ Title: _______________ APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. City Attorney THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on this ___ day of , 20 by of the CITY OF BRYAN, TEXAS, on behalf of said CITY OF BRYAN, TEXAS. Notary Public in and for the State of Texas I'M 60 Easement Assignment Form: City of Bryan to City of College S1a1ion. ASSIGNEE: CITY OF COLLEGE STATION By: CityMger7PJ~ ~ APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT ~mt~RE-SUBMISSION FOR APPROVAL. THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS This i trument was acknowledged before me on this /5th day of wng._ ,202.V, by ~~4.=-c'-J4i/<'-L_c---c-=--c-c--~=' City Manager of th-vcrrv OF COLLEGE STAT , EXA , on behalf of the said CITY OF COLLEGE STATION, TEXAS. PREPARED IN THE OFFICE OF: AFTER RECORDING, RETURN TO: City of College Station City of College Station Legal Department Legal Department P.O. Box 9960 P.O. Box 9960 College Station, TX 77842-9960 College Station, TX 77842-9960 FM 60 Easement Assignment Form: City of Bryan to City of College Station. Exhibit A Exhibit A I • •":>• • JOINT USE EASEMD,,7 & RIGHT-OF-WAY -r GRANTOR: XPPIM Sl1ma·Mu GPmmo ChD.PtGt Inc. GRANTEE1 City of BD'l!D, C:J at STATE OF TEXAS } EXOIANGE COU£0E SI'ATION } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS } ORDER NO. EOEOOS9 That Kappa Sigma-Mu Gamma Chap1er, Inc. of the Couniy of Brazos and SUlte aforesaid, for and in conslde,atloo of the sum of Sl0.00 (Ten dollars) and other good and valuable consideration In hand pnld by the aiy oC B,yan. the receipt or which ii hereby acknowledged and confessed, have this day panted and conveyed and do, by these presenls, grant and ronvcy unto GTE Southwest Incorpor11ted, and the Cfty of Bryan, t"cxas, a Municipal Corporation, their suecenon and aul1111 an euement ten feet (10') In width to coll!ltrucl, erect, Install, place, openle, Inspect, ltl!Un11Un, repair, replace, and remove such buried comnw.mkation cable, aerial electrical dlstnbulion lines Grantees may from 1ime to time require conslsdng of buried cable, marlcers. necessary fixtures. poles, wires, downguys, and oncbort along with necessary appune- lWICCI thereto over, acrou. under 1111d upon the described propcny 10 wit: 508075 Bdq • strip o( lad lcn (lO) (eel ia width, hereinafter rdcrttd lo as 1bc "Ea10t11Cnl . Ard,•..,_ onti. ~ Elilllbll ·11.-~lbroap lhal.981..a-c: uaa oil-a-~­ •D bcloaps to IC:il'fll s.,,..M11 Cbaplcr, lne. lltualed in lhc: Jolla .1oaa Sancy, No. 26 ariol.~ N =.fully ~ ra Valule 1375, Pace 238 ill the Deed Rrc<ll<b. of B~ r . 0 71 ~f.'Si_' "'~ Bc&IMID& 11 11K IOUthwelt comer of Ille 1982 acre !rid dcKribc:d ill Volume 1~"'.':fif~t_ I- _183, IDd lR IIOflAC:nt comer of a .381 acre tmt ~ IO K. E!. BllrFU, • ~ ~ "' "' :n ~ ., ;;;~~~:~;; !~ 1 ~~: w ~;:;~:c::;;7,uu r~ '" TKncc, Nortb 42 dcs,ccs 43 111illldcs 0, Kcoads Els!, 24-1.62 feet, mar, or •- is bcin& 1bc 11orlD'III -· o( the Aid 3.981 ·- 1tac1, iu,d the IOlltheul (Or..:, lbc £•1ene A. Scbullz traci.. bch11 ,ccordcd ia Volume 4'9, Pap: ?!IS 11r the aaid P Rcamb. Said &1erihrd ca<c..,Hil wlD be 10 feel ia width. 417.73 feel la lc"ll'.lll. more or lw, pMallcl nli lbc propaw:d risf,t-ol"·war lillC of Slate ~y 47. Oranlor covenants for himself, his successors and assigns not 10 place or maintain any bullding or s1ructure on or wilhin said casement. Grantor grants to the Grantees the right of ingress and egress 10 or from Sllid rlghi-0£-way for the purpose of inspecting maintalnlns, constructing. reconstruction, operatla1 411d removing its buried communications cable or electrical distribution lines and ossociated appurtenances, over, Wider, across and upon the dcsmbed property, and lhc right to place marken nnd other dcviCCJ to support or marlt said co05tructlon wliere ncce55ary. Granter grants to the Grantees the righl to cut, trim and control the grow1h of trees and shrubbery within said casement, that may Interfere -.iilh or thn:utcn to end.Inger the operation or maintenance of Sllid line or lines. The Gran1or acknowledges thn1 the cuiuiUerution recited above indudcs compensation for any and all damascs to the surface or grass or crops located thereon rc1ul1in1 from original construction by the Grantees.
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