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<br />. ~ <br /> <br />" <br /> <br />e <br /> <br />. <br /> <br />project (expense incurred by City in the approval of plans and <br /> <br />. <br /> <br />specifications or in construction inspection excepted). In no <br /> <br />event shall Southern Pacific be obligated to make any payment <br />to or on behalf of City or defend any litigation against City, <br /> <br />as a result of any claim, loss, cost, expense, liability, or <br /> <br />obligation, direct or indirect, that does not arise out of the <br /> <br />construction of such bridge overpass. <br /> <br />2. <br /> <br />City and Southern Pacific mutually recognize the present <br /> <br />existence of North "L" Street in the City of La Porte across <br /> <br />the 23.3557 acre tract of land described in deed recorded in <br /> <br />Volume 7990 at pages 515 through 517 of the Deed Records of <br />. Harris County, Texas from Elizabeth Welling Cockburn Deaver, <br />et aI, to Southern Pacific Company (certified copy of which <br /> <br />deed being on file herein marked "Plaintiff's Exhibit No. 411). <br /> <br />The portion of North "L" Street which crosses such 23.3557 acre <br /> <br />tract is more fully described in Paragraph 5 of the Second <br /> <br />Cause of Action in Plaintiff's First Amended Original Peti- <br /> <br />tion on file herein, on page 13 thereof. City and Southern <br /> <br />Pacific further mutually recognize the present existence of <br /> <br />such street across Southern Pacific's 100-foot mainline right- <br /> <br />of-way lying westerly of and adjacent to such 23.3557 acre <br /> <br />. <br /> <br />tract; the alignment of such street across such mainline <br /> <br />right-of-way being 80 feet wide betweeen parallel northerly <br />and southerly lines projected easterly from the northerly and <br />southerly boundary lines of that portion of North "L" Street <br />described in the above mentioned Paragraph 5. The City Com- <br /> <br />mission of the City of La Porte has found and determined that <br />the construction and crossing of such street at, grade across <br />the classification tracks and mainline tracks of Southern Pacific <br /> <br />would be dangerous and contrary to the public interest, and <br />has' further found and determined that the only feasible and safe <br /> <br />. <br /> <br />method of construction of North "L" Street as an anticipated <br /> <br />major thoroughfare across the classification yard and mainline <br /> <br />tracks of Southern Pacific will be by bridge overpass over such <br /> <br />-4- <br />