Southern Pacific Drainage Utility Easement

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- .' '. e e '" ; . '. . . . . -, , , " . , , ", I 509-66=1383 Such culverts, bridge or other such structures to be constructed by Railroad shall be designed so as not to diminish the ultimate water carrying capacity of the drainage course to be constructed by Grantee. City and the Harris County Flood Control District (hereinafter sometimes referred to as the "District") shall have prior right of approval of plans and specifications of the proposed structures, in order to insure that the water carrying capacity of the channel is not reduced as a result of the future construction of rail facilities by Railroad. All costs associated with the construction of said future rail facilities and drainage structures appurtenant to the rail yard expansion or other development by the Railroad, including under the rail yard expansion or other development and within the easement granted herein, shall be borne by Railroad, or its successors and assigns. 4. Anything herein to the contrary notwithstanding, this conveyance is made subject to all easements, leases, agreements or licenses which affect the property hereby conVeyed and any matter which would be disclosed by title examination, survey, investigation, or inquiry. Said reservations specifically include the reservations by SP of their right to retain rentals and the rights to terminate any leases or pipelines (other than public utility pipelines that cross over the easement conveyed herein and continue onto appurtenant Railroad property). Any relocation of said leases or pipelines necessitated by the construction of public drainage improvements shall not be a Railroad expense. 5. IT IS UNDERSTOOD AND AGREED THAT GRANTOR HAS NOT MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF 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 INDIRECTL Y, 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 liAS IS, WHERE IS," WITH ALL FAULTS, AND THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR. 6. 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 of Railroad including the premises through which said culverts shall be constructed, 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 O:\CLP\Southern Paciflc\Drainage Easement (Exh. F) 2