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<br />UTILITY EASEMENT 1~/~1'7t~ ~~t~nE
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<br />08/19/96 3OOO672tO 8014521
<br />KNOW ALL MEN BY THESE PRESENTS:
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<br />509-66=1389
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<br />5074521
<br />1. That SOUTHERN PACIFIC TRANSPORTATION COMPANY, a
<br />Delaware corporation (hereinafter termed "Grantor" or "Railroad") for and in ~
<br />consideration of the sum of TEN DOLLARS AND NO/100 ($10.00) and other gOOd/
<br />and valuable consideration to Grantor in hand paid by the CITY OF LA PORTE, a .
<br />municipal corporation (hereinafter sometimes referred to as "Grantee" or "City"), the
<br />receipt and sufficiency of which is hereby acknowledged, have granted, sold and
<br />conveyed and by these presents do grant, sell and convey unto the public, a
<br />perpetual easement and right of way for utilities purp"oses, together with the right of
<br />ingress and egress and reasonable working area to construct, reconstruct, maintain
<br />and operate a utility easement in, upon, along, across and beneath property, such
<br />easement, right of way and property being more particularly described as follows, to
<br />wit:
<br />
<br />A tract of land more particularly being described on Exhibit G attached
<br />hereto, incorporated by reference herein, and made a part hereof for all
<br />purposes.
<br />
<br />2. Railroad, its successors and assigns, retain all other rights of use over
<br />the easement area, including ,but not limited to the right to use all the property
<br />described herein in the performance of its duty as a common carrier and, for that
<br />purpose, there is reserved unto Railroad, its successors and assigns, the right
<br />(consistent with the rights herein granted) to construct, reconstruct, maintain and use
<br />existing and future railroad tracks, facilities and appurtenances, and existing and
<br />future transportation, communication and pipeline facilities, and appurtenances in,
<br />upon, over, under, across and along said property.
<br />
<br />3. Anything herein to the contrary notwithstanding, this conveyance is
<br />made subject to all easements, leases, agreements or, licenses which affect the
<br />property hereby conveyed and any matter which would be disclosed by title
<br />examination, survey, investigation, or inquiry. Said reservations specifically include
<br />the reservations by SP of their right to retain rentals and the rights to terminate any
<br />leases or pipelines (other than public utility pipelines that cross over the easement
<br />conveyed herein and continue onto appurtenant Railroad property).
<br />
<br />4. IT IS UNDERSTOOD AND AGREED THAT GRANTOR HAS NOT MADE
<br />ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER,
<br />EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING BUT
<br />NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF
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<br />O:\CLP\Southem Pacific\Utility Easement (Exh. G)
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<br />121.00
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