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<br />2. Grantee shaffbear the entire cost of constructing and reconstructing said highway upon the land
<br />described herein. The crossing of said highway over any tracks of Railroad shall be constructed and main-
<br />tained at the grade of said tracks now or hereafter existing.
<br />3. This grant is made upon the express condition that the rights and privileges herein given Grantee
<br />shall lapse and become void if the construction of said highway upon the land described herein is not com-
<br />menced within one (1) year from the date first herein written.
<br />4. This grant is subject and subordinate to the prior and continuing right and obligation of Railroad,
<br />its successors and assigns, to use and maintain the entire parcel of land above described as a railroad right
<br />of way in performance of its public duty as a common carrier, and for that purpose, Railroad, its successors
<br />and assigns, expressly reserve the right to construct, reconstruct, maintain and operate existing and any
<br />additional railroad tracks, facilities and appurtenances thereto, upon, along and across the land described
<br />herein in such manner as may be consistent with the enjoyment of the easement for highway purposes herein
<br />granted to Grantee.
<br />5. This grant is also subject to all valid and existing contracts, leases, liens, encumbrances or claims of
<br />title which may affect the said property, and the word GRANT as used herein shall not be construed as a
<br />covenant against the existence of any thereof.
<br />6. This indenture shall not be construed as conveying or otherwise vesting in Grantee the right to
<br />install, or the power to authorize the installation of, any ditches, pipes, drains, sewer or underground struc-
<br />tures or the facilities of any telegraph, telephone or electric power lines in, along, across or over the land
<br />first described herein.
<br />7. Grantee shall obtain any necessary authority and permission required to construct, maintain and
<br />use said highway upon the land described herein from the governmental body or bodies having jurisdiction
<br />thereover.
<br />8. Grantee agrees to reimburse Railroad for any and all assessments which may be levied by order of
<br />any authorized, lawful body against the property of Railroad (and which may have been paid by Railroad)
<br />to defray any part of the cost or expense incurred by Grantee in connection with the construction, reconstruc-
<br />tion, widening, rewidening and/or maintenance of said highway upon the property hereinabove described.
<br />9. Should Grantee, its successors or assigns, at any time abandon the use of the said land, or any part
<br />thereof, or fail at any time to use the same for said purpose for a continuous period of one (1) year, the right
<br />hereby given shall cease to the extent of the use so abandoned or discontinued, and Railroad, its successors
<br />or assigns, shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved,
<br />to resume exclusive possession of the said land, or the part thereof the use of which is so discontinued or aban-
<br />doned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, including
<br />the paving, from said premises of Railroad, to restore said premises as nearly as practicable to the same
<br />state and condition in which they existed prior to the construction of said highway, and to bear the expense
<br />thereof. Should Grantee in such event fail, neglect or refuse to so remove said highway and restore said
<br />premises, such removal and restoration may be performed by Railroad at the expense of Grantee, which
<br />expense Grantee agrees to pay to Railroad upon demand.
<br />10. This indenture shall inure to the benefit of an be binding upon the successors and assigns of the
<br />parties hereto.
<br />IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in triplieat®
<br />by their respective officers thereunto duly authorized, as of the day and year first above written.
<br />CXXTIUL PACIFIC RAILNAY a !,TPAY
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<br />PACIFIC C'6�"Ys
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<br />. #nary
<br />CITY OF
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<br />By --
<br />Attest
<br />W3.0
<br />erk
<br />
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