|
L
<br />BY THESE PT
<br />WHEREAS, the
<br />hereinafter called "Gr
<br />to eater upon said pre
<br />maintain and use the s
<br />P8: That
<br />86- 106726
<br />0,1construct a public highway''th
<br />for highway travel purposes; and
<br />WHEREAS, Railroad is willing to grant to Grantee the right,
<br />privilege and easement to enter upon said premises, construct a highway
<br />thereon, and maintain and use the same for highway travel purposes;
<br />W T ar0RE, for and in consideration of the sum of
<br />ae sii 'Br Dollars,
<br />to it in hand paid by Grantee, Railroad hereby grants unto ra thee the
<br />right,,' privilege and easement to enter upon said premises for the pur-
<br />pose of constructing a highway thereon and maintaining and using the
<br />same for highway travel purposes, it being expressly understood and
<br />agreed that the herein. gra.- -ate' easement is limited to the use of the
<br />surf ce of &aid premises ss' -:-1y for construction, maintenance, use and
<br />c - -ra tion of a public highw"Y, and for necessary drainage facilities
<br />in connection therewith, and for no other purpose whatsoever;.and Rail-
<br />road hereby reserves unto itsfaf, its successors and assigns, all other
<br />rights in and to said premises, and all rights over and under the sur-
<br />face thereof, including the right to maintain, repair, renew, use and;
<br />operate any track or tracks - ov;existiag upon or across said premises
<br />and to construct, mainta w
<br />maintain, r, renews use and operate any adds=
<br />M'.--al track or tracks acr ^s, paid premises, and including also the'
<br />right to install, maintain, U, <c and operate and the right to grant to
<br />others the right to install, maintain, use and Operate 'wires or cables,
<br />together with poles or other structures supporting the 'same, ,above the
<br />_:j- :-face of said premises, or pipes or conduits or other structures
<br />beaasth said surface, where the same can be accomplished without sub-
<br />%tuntial interference to the use of said premises for the aforesaid'
<br />purposes or adequate and proper drainage facilities appurtenant
<br />thereto.
<br />In the acceptance of this easement, Grantee agrees that it
<br />will at its own cost and expense and without cost or expense to Rail -
<br />road, furnish all labor and materials and perform all work in con-
<br />nection with the construction, operation, restoration, repair, or main-
<br />tenance of said highway and appurtenant drainage facilities,; and shall
<br />also at its own cost and expense make or cause to be made any changes
<br />or alterations in the location or construction of any of the improve-
<br />ants of Railroad, and others, made necessary by the easement herein
<br />6_,v2ted, by the location, construction or operation of said highway
<br />the.jor,, or by the entry upon, occupation or use of the said premises
<br />Said highway shall be constructed and maintained by Grantee
<br />¢h saaaer that the drainage of the premises of Railroad, and other:
<br />s *ia aity therlt*f shall not be adversely affected; and, unless
<br />Ovid small have given written approval of the plans for such con-
<br />tiaa, 3raatee shall make such changes in the construction of said
<br />ay and appurtenances as may be necessary to restore the drainage
<br />condition equivalent to that in existence prior to construction
<br />It is agreed that Railroad assumes no responsibility or
<br />tif,bility for any injury to or death of the person, or loss of or dams
<br />t:+ the property of any person or persons vhQmsoever, including he
<br />- 1 -
<br />
|