Southern Pacific Drainage Utility Easement

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," . .' . . ;; e ., , .. .' , . " , . " . 1\. , . TITLE, PHYSICAL OR ENVIRONMENTAL CONDITIONS, ACCESS, INGRESS OR EGRESS, OR ANY OTHER MATTER OR THING; RELATING; TO OR AFFECTING THE PROPERTY. GRANTEE AGREES THAT WITH RESPECT TO THE PROPERTY, GRANTEE HAS NOT RELIED ON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATIONS OR WARRANTY OF GRANTOR. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR IS TRANSFERRING AND CONVEYING TO GRANTEE AND GRANTEE IS ACCEPTING THE PROPERTY SUBJECT TO THIS AGREEMENT "AS IS, WHERE IS," WITH ALL FAULTS, AND THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR. 5. The rights herein granted are subject to the rights of Railroad (or anyone acting with the permission of Railroad) to construct, reconstruct, maintain and operate fiber optic and other telecommunications systems (systems) in, upon, along, across and beneath the premises and rights-of-way to the extent such rights have been granted pursuant to an easement recorded prior to the recording of recorded easements of any Public Entity. Any easements subsequently granted for such systems shall not unreasonably interfere with the rights granted to the public herein. 6. Any plans for construction or maintenance of such systems shall be furnished to the City prior to the work being performed in order for the City to determine in good faith whether or not such work would unreasonably interfere with the drainage facilities. City, at least five (S) days prior to performing any digging activities on the premises of Grantor, must call 1-800-ATFIBER (available 24 hours) to receive a Southern Pacific Telecommunications Company control number. Grantee will be advised if a telecommunication system is buried anywhere on or about the premises of Grantor in the location where Grantee will perform such digging activities. If there is a telecommunications system, Grantee will be advised as to the owner of the telecommunications system and provided instructions on arranging for a cable locator and will be advised whether relocation or other protection for the telecommunications system is required prior to beginning any work on the premises of Grantor. 7. Grantee, its agents and employees, shall have the privilege of entry on said property for the purpose of reconstructing, maintaining and making necessary repairs to said utility equipment. Grantee agrees to keep said property and the utility equipment in good and safe condition, free from waste, so far as affected by Grantee's operations. 8. In the event any work upon or in connection with said utilities or its appurtenances, is to be done upon or adjacent to the tracks and property of Railroad, and in the event such work should be let to a contractor by Grantee, such work shall not begin until such contractor shall have first (i) entered into an agreement with Railroad indemnifying Railroad against all claims, liability, cost and expense growing O:\CLP\Southem Pacific\Utility Easement (Exh. G) 2 <...:n C) (..D) I Q'1) -en ;1 i C...1 \ {.D o