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v <br />The crossing of said highway over any tracks of first party shall be constructed and maintained at the grade of said <br />tracks now or hereafter existing. <br />This grant is subject and subordinate to the prior and continuing right and obligation of first party and its successors <br />to use and maintain its entire railroad right of way and property in performance of its public duty as a common carrier, <br />and is also subject to the right and power of first party and its successors in interest or ownership of the said railroad <br />right of way and property to use the said lands hereinabove described, or any and all parts thereof, for all purpose, which <br />are consistent with the enjoyment of the easement for highway purposes herein granted to second party. <br />Second party in consideration of this grant shall, at its own cost and expense, construct said highway on the premises <br />hereinabove described; and should second party, its successors or assigns, at any time abandon the use of the said land or <br />any part thereof, or fail at any time to use the same for said purpose for continuous period of one year, the right hereby <br />given shall cease to the extent of the use so abandoned or discontinued, and first party shall at once have the right, in <br />addition to but not in qualification of the rights hereinabove reserved, to resume exclusive possession of the said land, or <br />the part thereof the use of which is so discontinued or abandoned. <br />Upon termination of the rights and privileges hereby granted, second party agrees, at its own cost and expense, to <br />remove the highway, including the paving. from said premises of first party and restore said premises as nearly as prac- <br />ticable to the same state and condition in which they existed prior to the construction of said highway. Should second <br />party in such event fail, neglect or refuse to so remove said highway and restore said premises, such removal and restora- <br />tion may be performed by first party at the expense of second party, which expense second party agrees to pay to first party <br />upon demand. <br />The rights and privileges hereby granted second party shall lapse and become void if not exercised within one (1) <br />year from the date hereof. <br />As a further consideration for this grant second party agrees to reimburse first party for any and all assessments <br />which may be levied by order of any authorized, lawful body against the property of first party (and which may have <br />been paid by first party) to defray any part of the cost or expense incurred by second party in connection with the con- <br />struction, reconstruction, widening, rewidening andlor maintenance of said highway. <br />This indenture shall not be construed as conveying or otherwise vesting in second party the right or power to author- <br />ize the location or installation, or to issue permits or licenses or franchises for the location or installation, of any structures, <br />fixtures or other facilities of any telegraph, telephone or electric power lines or of any ditches, pipes, drains, sewer or <br />underground structures, under, along and over the lands hereinabove described. <br />This instrument is subject to all valid and existing contracts, leases, liens or encumbrances or claims of title which <br />may affect the said property, and the word GRANT as used herein shall not be construed as a covenant against the <br />existence of any thereof. <br />IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective o§iicers <br />thereunio duly authorized, the day and t,ar first above written. <br />IN DUPLICATE <br />Fora Approved: <br />Contrast Wiorney <br />Description Correct <br />Division Engineer <br />SOUTHERN PACIFIC COMPANY, <br />By--- ----•--- ---- . <br />Vice Pres dent <br />Attest---------------------------------------------------------------------------- <br />Assistant Secretary <br />CM pB, SAID LSA=09 <br />Attest- --- 1-------------........... <br />Clark <br />By---------------------------------------------------•-----•-----------------------------___-------- <br />Attest---------------------------------------------------------------------------------------------- <br />