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Public Highwcry Crossing 08/13/01
<br />Standard Form Approved, AVP-Law
<br />~~~ B
<br />TO PUBLIC HIGHWAY CROSSING
<br />SECTION 1- CONDITIONS AND COVENANTS
<br />a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall
<br />not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the
<br />foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe
<br />lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying
<br />electric power or communications incidental to the Political Bod}~s use of the property for highway purposes shall be constructed
<br />in accordance with specifications and requirements of the Railroad and in such manner as not adversely to affect communication
<br />or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the
<br />Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall
<br />obligate the Railroad to give such consent.
<br />b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its conv®nience
<br />or purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place
<br />tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the highway to conform with the rail
<br />line.
<br />c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and
<br />also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties fn,
<br />upon or relating to the railroad properly, unless the Political Body at its own expense settles with and obtains releases from such
<br />nonparties.
<br />d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent
<br />with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair,
<br />alter, renew and replace tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all
<br />kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to any highway facilities
<br />located upon the property, provided that such attachments shall comply with Political Body's specifications and will not interfere
<br />with the use of the Crossing Area.
<br />e) So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature
<br />or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and
<br />against the property as a component part of the Railroad's operating properly.
<br />f) If arty property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the
<br />highway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire
<br />all such other property and rights at its own expense and without expense to the Railroad.
<br />SECTION 2 - CONSTRUCTION OF HIGHWAY'
<br />a) The Political Body, at its own expense, will apply for and obtain all public authority required by law, ordinance, rule or
<br />regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been
<br />obtained.
<br />b) Except as maybe otherwise specifically provided herein, the Political Body, at its own expense, will furnish all necessary labor,
<br />material and equipment, and shall construct and complete the highway and all appurtenances thereof. The appurtenances shall
<br />include, without limitation, all necessary and proper Mghway wanvng devices (except those instaIled by the Railroad within its
<br />right-of-way), and all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the highway
<br />and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary
<br />structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
<br />c) The Railroad will receive no ascertainable benefit from the construction of the Project, and, except as may be specifically
<br />provided herein, shall not be required to pay or contribute any part of the cost thereof, If the Project is to be financed in whole or
<br />in part by Federal funds, all construction work by the Political Body shall be performed, and any reimbursement to the Railroad
<br />for work it performs shall be made, in accordance with the applicable Federal acts, regulations, and this Agreement.
<br />H:\I~ATA\Favorites\Agreement Forms\Road Crossing Page 1 Exhibit $
<br />Forms\Public Road Crossing Agreement.doc
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