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<br />PL X&E ROE 940201 <br />Form Approved. A VP-Law <br /> <br />AUDIT~\~~4~ <br /> <br />Folder No: 793-91 <br /> <br />CONTRACTOR'S RIGHT OF ENTRY AGREEl\1ENT <br /> <br />TIllS AGREEMENT is made and entered into as of the 14 day of April , <br />19 ~ by and between UNION PACIFIC RA.aRO~ COMPANY, a Delaware corporation, <br />(hereinafter the "Railroad'') and Cherokee Construct~on, Inc. , <br />a Texas corporation/~, whose address is <br />11652 Jollyville Rd. Autin, Texas 78759 T (512) 249 7180 <br />(hereinafter the "Contractor"). <br /> <br />RECITALS: <br /> <br />The Contractor has been employed by CITY OF SAN MARCOS for the purpose of <br />constructing (hereinafter "work") only an 8" wastewater pipeline crossing on and across property <br />of the Railroad at or near Mile Post 49.87, Lockhart Subdivision, near San Marcos, Caldwell <br />County, Texas. <br /> <br />The Contractor has requested the Railroad to permit it to perform the work and Railroad <br />is agreeable thereto, subject to the following terms and conditions. <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, <br />as follows: <br /> <br />Article I. <br /> <br />DEFINITION OF CONTRACTOR. <br /> <br />For purposes of this Agreement, all references in this Agreement to the Contractor shall <br />include the Contractor's contractors, subcontractors, officers, agents and employees, and others <br />acting under its or their authority. <br /> <br />RIGHT GRANTED; PURPOSE. <br /> <br />Article II. <br /> <br />The Railroad hereby grants to the Contractor the right, during the term hereinafter stated <br />and upon and subject to each and all of the terms, provisions and conditions herein containe<L to <br />enter upon and have ingress to and egress from the property described in tbe Recitals hereof and <br />as shown on the attached print dated February 23, 1999, marked Exhibit A, for the purpose of <br />performing the work described in the Recitals above. The right herein granted to Contractor is <br />limited to those portions of the Railroad's property specifically described herein, or designated by <br />the Railroad representative named in Article V. <br />