le~pective officers thereunto duly authorized
<br />
<br />Railroad, its succes~rs and assigns, to u~ all the property de~ribed herein in the pe~ormance of its duty
<br />as a common carrier and ~or that purpose there is re~ untO Railroad, its succes~rs and assigns, the right
<br />(consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future
<br />railroad tracks, facilities and appurtenances and existing and future transportation, communication and
<br />pipe line [acilitles and appurtenances in, upon, over, under, across or along said property.
<br /> · s easementS, restrictions, conditions, covenants,
<br /> i* made sub~ect to all hcen~S, lease ,,. ..... d the word GRANT as u~d herein
<br /> 3. This grant ~d claims o~ title which may affect sa~d prope~x ~-
<br /> encumbrances, liens
<br /> shall not be construed as a covenant against the existence of any thereoL
<br /> and become void if the construction or recon-
<br /> ..... ~-=~n ~ranted to Grantee shall elapse . '-~:~ ~e/l~ year from the date first herein
<br /> struction of ~id h~ghway upon sam prop~
<br /> written ..... ~ right to install
<br /> othe~ise vesting m brantee
<br /> · - ~ "~ot be construed as conveying or - ' -~wer or underground structures, or
<br /> 5. Th~s grant sna~ - installation o~ any ditches, pipes, grams, ~
<br />
<br /> property. · ..... :-ed to construct, reconstruct,
<br /> shall obtain any necessa~ authority and permission r~q~,, . .....
<br /> maiff~ai~g~e said highway upon said property from the governmental body or bodies having ~uri~xction
<br /> 11 bear the entire cost ano e p '
<br /> ~ ~ont as herein othe~l~ provided, Grantee ~ert~ The crossing of said highway over any
<br /> tracks of Railroad shall be constructed and maintained at the grade of said tracks now or hereafter existing.
<br /> After the construction or reconstruction of said highway has been completed, Railroad shall maintain the
<br /> portion o~ said highway between lines ~o (2) feet outside the rails of each track located thereon.
<br /> 8. Grantee agrees to reimburse Railroad for any and all assessments which may be levied by order of
<br /> any part of the cost or expen~ incurred in connection with the construction or reconstruction of said
<br /> any authorized lawful body against the property o{ Railroad (and which may have been paid by Railroad)
<br /> to defray property commenced within one (1) year from the date first herein written.
<br /> highway u~n
<br /> . · ime abandon the use of said property or any.p~t
<br /> Id Grantee, ~ts succes~rs or asslgn~ at any 5 c ..... ntinuous eriod of one (1) year, the rights
<br /> ther~;{, ~;~l~ at any t~me to use the ~me for satO purpos~ ...... P or
<br /> granted shall cea~ to the extent of the use m abandoned or discontinued, and Railroad, its succesmra
<br /> a~igns, shall at once have the right, in addition to but not in qualification 0f the rights hereinabove reserved,
<br /> ~ ~aume exclusive pos~ssion of the smd property, or the part thereof the u~ of which is m discontinuedx~[
<br /> termination of the rights hereby granted, Grantee agrees to remove said highway, the
<br /> abandoned. Upon from said properW of Railroad, to restore said property as nearly as practicable to
<br /> duding ~e paving, . · fuse to so remove said highway and restore said
<br /> game siam and condition in which it existed prior to the construction of said highway, and to bear the expense
<br /> expen~ Grantee agrees to pay to Railroad upon demand.
<br /> 10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the
<br /> pa~ea herem.
<br /> IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their
<br /> as of the day and year first above written.
<br />
<br />~sOUTHIKN PACIFIC ~Olt~Pl~II~,, '
<br />
<br />
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