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<br />110
<br />
<br />JK-
<br />
<br />2-12-82
<br />
<br />THIS AGREEMENT, executed in duplicate, this 22nd day of March
<br />1982 , by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation, here-
<br />inafter called "Railroad", and the CITY OF SAN MARCOS, a municipal corporation of the
<br />State of Texas, hereinafter called "Licensee", WITNESSETH:
<br />
<br />R Eel TAL S:
<br />
<br />In connection with proposed storm drainage improvements,
<br />Licensee desires to install and maintain one proposed 24-inch
<br />diameter corrugated-metal pipe culvert under Railroad's main
<br />track and to excavate, enlarge, reshape, improve and maintain
<br />a portion of an existing drainage ditch located along the south-
<br />easterly side of Railroad's right of way in the City of San Marcos,
<br />Hays County, Texas, to which Railroad is agreeable but solely
<br />upon the terms and conditions hereinafter set forth.
<br />
<br />NOW, THEREFORE, in consideration of the premises and of the covenants and agree-
<br />ments hereinafter contained, the parties hereto agree:
<br />
<br />1. Railroad, solely to the extent of its right, title and interest, without any
<br />warranty, either express or implied, hereby grants to Licensee, its successors and
<br />assigns, license and permission, subject to the terms and conditions hereinafter set
<br />forth, solely to install, maintain, operate and use its proposed 24-inch diameter,
<br />No. 10 gage, corrugated-metal pipe culvert, 60 feet long, under Railroad's main track
<br />at Engineer's Chainage Station 11206+45, Mile Post 210.25, and to excavate, enlarge,
<br />reshape, improve and maintain that portion of an existing drainage ditch, approximately
<br />253 feet long, located along the southeasterly side of Railroad's right of way in the
<br />City of San Marcos, Hays County, Texas, approximately where shown on Railroad's Texas
<br />District, Palestine Division white print dated October 28, 1981, marked Exhibit "A"
<br />and attached hereto as part hereof.
<br />
<br />The hereinabove-described pipe culvert and drainage ditch are hereinafter
<br />collectively referred to as "Drainage Facility" and Railroad's right of way upon which
<br />Drainage Facility is to be located is hereinafter referred to as "Premises".
<br />
<br />This grant is expressly subject and subordinate to the present and future
<br />right in Railroad, its successors, assigns, lessees, grantees and licensees to main-
<br />tain, use, operate and renew on, beneath or above surface of Premises any telephone,
<br />telegraph, power, communication or signal lines, poles and/or appurtenances, tracks,
<br />roadways, pipelines, structures, improvements or facilities of similar or different
<br />character, as now located, and to construct, install, establish and thereafter main-
<br />tain, use, operate and renew on, beneath or above the surface of Premises any or all
<br />of said things provided the same do not materially interfere with Licensee's use of
<br />Premises as hereinabove provided; provided further, however, the foregoing conditions
<br />for future construction and installation shall not apply to railroad tracks, which
<br />Railroad, its successors and assigns, shall have the right to install, construct,
<br />maintain and operate on, over or under the Premises at any and all times.
<br />
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