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<br />815 <br /> <br />189 <br /> <br />(12) The City agrees that it shall at all times during the <br /> <br />construction, operation, maintenance or repair of the pipelines <br /> <br />within the <br /> <br />1.15 Acre Permanent Easement provide <br /> <br />and maintain <br /> <br />reasonable and non-hazardous access to all parts of the Reasoner <br /> <br />Tract <br /> <br />where <br /> <br />access <br /> <br />exists <br /> <br />at <br /> <br />the <br /> <br />time <br /> <br />the <br /> <br />construction, <br /> <br />maintenance, or repair work is performed or operation continues. <br /> <br />The city agrees to submit a request to TDHPT that TDHPT, at all <br /> <br />times during the construction, operation, maintenance or repair of <br /> <br />the roadway within the 1.77 Acre Permanent Easement provide and <br /> <br />maintain reasonable and non-hazardous access to all parts of the <br /> <br />Reasoner Tract where access exists at the time the construction, <br /> <br />maintenance or repair work is performed or operation continues. <br /> <br />(13) No above ground structures or appurtenances shall be <br /> <br />placed wi thin the area of the Permanent Easements except the <br /> <br />roadway itself, fire hydrants and traffic control devices within <br /> <br />the area of the 1.77 Acre Permanent Easement; further, the City <br /> <br />shall have no aerial rights whatsoever within the area of the <br /> <br />Permanent Easement. <br /> <br />(14) The City agrees that if at any time after the Initial <br /> <br />Construction Periods end it is necessary in the exercise of its <br /> <br />rights under this Agreement to disturb the condition of the area <br /> <br />within the bounds of the 1.15 Acre Permanent Easement and/or the <br /> <br />1. 77 Acre Permanent Easement in order to perform any scheduled <br /> <br />construction, maintenance or repair work, the city shall promptly <br /> <br />-6- <br />