RES 83457 - Laserfiche WebLink

Form C-2 July, 1982 12. Should Grantee, its successors or assigns, at any time abandon the use of said property, or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of, the rights hereinabove reserved, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, Grantee, at its own cost and expense, agrees to remove said structure from said property and restore said property as nearly as practicable to the same state and condition in which it existed prior to the con- struction of said structure. Should Grantee in such event fail, neglect or refuse to remove said structure and restore said property, such re- moval and restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand, or Railroad may, at its option, assume ownership of said structure. 13. This indenture is subject to the rights of Southern Pacific Pipe Lines, Inc., hereinafter termed "Pipe Line Company," to construct and maintain a petroleum, natural gas and related products pipeline, a portion of which is located as indicated on the attached print. Grantee agrees to reimburse Railroad or Pipe Line Company for all expenses which either may incur, which expenses would not have been in- curred except by reason of the use of the premises by Grantee, its agents, employees or invitecs. At the point of crossing, /said structure shall be installed beneath the said pipeline with a minimum clearance of two (2) feet. Cover over said pipeline shall not e educed ithout written permission from Pip.e Line Compan . A minimum of 10 12-inch portion between sal o~ said structure. ' Grantee agrees to: (a) expose the said pipeline by hand at the point of its crossing with said structure in the presence of a Pipe Line Company representative; and (b) notify Pipe Line Company's District Superintendent at (916) 624-2431 , at least one (1) week prior to conm~encement of work in the vicinity of said pipeline. 14. Insofar as it lawfully may, Grantee agrees to release and in- demnify Railroad and/or Pipe Line Company, their officers, employees, agents, successors and assigns, from all claims, liability, cost and expense howsoever same may be caused, including reasonable attorney fees, -4-