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<br />. . <br /> <br />.' <br /> <br />. <br /> <br />e <br /> <br />street easement from the owners of the fee simple which. is <br />. encumbered by Southern l?acific's easement. Upon request by <br />Southern Pacific made within a reasonable time after execution <br /> <br />of this Stipulation, City will cooperate in establishing the <br />fair value of the additional l20-foot overhead easement being <br />donated under this Stipulation by Southern Pacific to the public. <br /> <br />3. <br /> <br />City contends in this lawsuit that Southern Pacific <br /> <br />has no right to build its classification yard because of <br /> <br />violation of provisions of its Zoning Ordinance; and Southern <br /> <br />Pacific contends that its use and construction of its classi- <br />. fication yard is not subject to the zoning powers of the City. <br />As part of this Stipulation of Settlement of this lawsuit without <br /> <br />which Southern Pacific would not agree to be bound hereby, the <br /> <br />final judgment to be entered in accordance with the Stipulation <br /> <br />of Settlement shall provide that the prohibition of railroad <br /> <br />classification tracks, switch tracks and railroad classification <br /> <br />yards contained in the City of La Porte Zoning Ordinance or <br /> <br />any future Zoning Ordinance has no validity or applicability <br /> <br />. <br /> <br />to the Subject Property described in Plaintiff's First Amended <br />Original Petition on file in the lawsuit, or to Southern Pacific's <br />mainline right-of-way adjacent thereto. This concession and <br />agreement by City and its approval of the judgment containing <br />such provisions are made by City solely for the purpose of <br />effecting an entire compromise and settlement of all of the <br /> <br />disputes between the parties; and nothing herein or in such <br /> <br />judgment shall be construed as invalidating or admitting the <br />invalidity of such Zoning Ordinance generally ,or as affecting its <br />application to any other property within the City. <br /> <br />4. <br /> <br />As part of its project for building the railroad classi- <br /> <br />. <br /> <br />-7- <br />