Easement - Washington Ave at Chapman Rd - File 1035E, 1977

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is reserved unto Railroad, its successors and assigns, the right to construct, reconstruct, maintain, use and remove existing and future transportation, communication, power and pipeline facilities in, upon, over, under, across or along said property. In the event Railroad trackage facilities are removed from said property, Railroad shall not be obligated to make any change in the grade of said pathway, nor shall such removal affect Railroad's title to the underlying property. This grant is subject to all licenses, leases, easements, restric- tions, conditions, covenants, encumbrances, liens and claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against the existence thereof. 4. The rights herein granted shall lapse and become void if the construction or reconstruction of said pathway is not commenced with- in two (2) years from the date first herein written. 5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said property, except as necessary for maintenance of said pathway. 6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said pathway. Any contractor performing work on the property described herein shall executed Rail- road's standard form of contractor's agreement prior to commencing any work on Railroad's premises. 7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and maintaining said pathway. The crossing of said pathway over any tracks of Railroad shall be constructed and maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said pathway has been completed, Railroad shall maintain the surface of that portion of said pathway between lines two (2) feet outside the rails of each track located thereon. Should Railroad abandon tracks leading to said pathway, Railroad may abandon its rails, ties and appurtenant materials and leave same in place. In such event, Railroad shall not be liable for maintenance of the portion of said pathway specified above. 8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by any lawful body against the property of Railroad to defray any part of the expense incurred in connection with the construction or reconstruction of said pathway commenced within two (2) years from the date first herein written. -2-