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<br />.' <br /> <br />,~ <br />N <br />~ <br />(~ <br />I <br />N <br />(}'i <br />~ <br />Wi <br />In <br /> <br />..\ r <br /> <br />mains, bridges and other facilities and structures for rail transportation and/or utility <br />purposes (hereinafter collectively referred to as "Improvements"), together with the right <br />of ingress and egress over, upon, across and through the Property for purposes of <br />constructing, installing, maintaining and removing such Improvements; provided, <br />however, that nothing herein contained shall be construed as reserving to Grantor a <br />right superior to the Easement herein granted, it being understood and agreed that the <br />rights retained by Grantor are subordinate and inferior to the rights of Grantee and all <br />such Improvements shall be constructed and maintained, and any removal thereof <br />performed, so as not to interfere with the paramount right of use of the Property for the <br />purposes described above, and provided further, that the plans for such Improvements <br />shall be submitted to, and approved by Grantee in writing prior to the start of <br />construction of such Improvements. <br /> <br />3. Grantee may delegate its rights hereunder to an owner of any property <br />located adjacent or contiguous to the Property or an owner of any property that would <br />be drained in whole or in part by the Easement contemplated herein; provided, <br />however, that no construction or installation of drainage facilities within the Property <br />may be commenced unless and until written approval is obtained from Grantee as to the <br />plans and specifications for such drainage facilities. <br /> <br />TO HAVE AND TO HOLD the Easement, together with all and singular the rights <br />and appurtenances thereto in anywise belonging, unto Grantee, its successors and <br />assigns, forever; and, subject to all of the matters set forth or referred to herein, Grantor <br />does hereby bind itself, its successors and assigns to WARRANT AND FOREVER <br />DEFEND all and singular the Easement unto Grantee, its successors and assigns, <br />against every person whomsoever lawfully claiming or to claim the same or any part <br />thereof by, through or under Grantor, but not otherwise. <br /> <br />IN TESTOMY WHEREOF, this instrument is executed effective as of th~f:! <br />day of l'MV\ , 2002. <br />I <br /> <br />~-;A.~k~ (bJ <br /> <br />Ben F. Weems /0(0 <br /> <br />STURGIS & COMPANY (DR- <br /> <br />BY:c2L, C1V~ <br />Title: P~..c:rT r- ''''7- ~ 4- \ <br /> <br />Parcel 2 <br /> <br />2 <br />