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RJL + 4/22/55 + VIII <br />ii <br />Reserving unto Railroad, its successors, and assigns, <br />the right to construct, reconstruct, maintain, and operate <br />not to exceed three (3) railroad spur tracks across the land <br />described herein, and at an approximate right angle thereto, subject <br />to the following conditions: <br />1. That said spur tracks are to be used for the transportation <br />of freight only, and are not to be used as main line or part thereof. <br />2. Said tracks shall be so constructed and maintained as to <br />interfere as little as possible with the use of the streets upon <br />which it is located; it shall be laid level with the established <br />street grade; and all construction work shall be done to the <br />satisfaction of the Superintendent of Streets and City Engineer of <br />the City. <br />3. The Railroad shall at its expense grade, pave, and <br />improve the portion of the street between the tracks and for two feet <br />on either side thereof in the same manner and at the same time that <br />the balance of said street is hereafter graded, paved, or improved. <br />This grant is subject to all easements, encumbrances, or <br />claims of title which may affect said land and the word GRANT as <br />used herein shall not be construed as a covenant against the <br />existence of any thereof. <br />Should City, its successors, or assigns, at any time abandon the <br />use of said land or any part thereof, or fail at any time to use <br />the same for said purpose for a continuous period of one (1) year, <br />the right hereby given shall cease to the extent of the use so <br />abandoned or discontinued. <br />IN v1ITiGFS6 oHEREOF, Railroad has caused these presents to be <br />executed by its officers thereunto duly authorized, and its corporate <br />seal to be hereunto affixed, the day and year first herein written. <br />SOUTHERN PACIFIC COIiPANY, <br />3y <br />�l ' c P. en <br />ritt es , <br />Assistao secretary <br />- 2 - <br />