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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 /> <br />