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2015/05/06 Council Agenda Packet
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2015/05/06 Council Agenda Packet
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Council Agenda Packet
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5/6/2015
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Form Approved by VP-Law <br /> • EASEMENT AGREEMENT <br /> FOR <br /> (Overpass Agreement) <br /> THIS EASEMENT AGREEMENT FOR ("Easement Agreement") is made and <br /> entered into as of the day of 20 ("Effective Date"), by and between BNSF RAILWAY <br /> COMPANY, a Delaware corporation ("Grantor"), and , a <br /> ("Grantee"). <br /> A. Grantor owns or controls certain real property situated at4` • nears the vicinity of <br /> , County of , State oK ' •-t Miles Post <br /> [Project# ), as described or depicted on Exhibit "A-1"'-ttached e eto an.t made a part hereof <br /> (the"Premises"). <br /> • <br /> B. Grantor and Grantee have entered into that certain Ov-r.ass, gree -e dated as of <br /> concerning improve vents' o or near be Premises (the <br /> • <br /> "Overpass Agreement). � <br /> • <br /> C. Grantee has requested that Grantor grant to Gtsntee an e-semen o er the Premises for the <br /> Easement Purpose(as defined below). t • <br /> D. Grantor has agreed to grant Grantee such easemen sub'e`c o the terms and conditions-set_ <br /> .forth in this Easement Agreement., • <br /> s NOW, THEREFORE, for and in eo •ideratio of the•fore.•rng recital which are incorporated herein, <br /> the mutual promises contained herein, and of er good and valuable consideration, the receipt and-sufficiency of <br /> which are hereby acknowledged, the sarties ag -e as folloP•- • <br /> Section 1 Granting of Easemen ;; <br /> 1.1 Easement Pur olse.% ` "Easement Purpose"shall be for the purposes set forth in the <br /> ©U R ASS A eer pt. An 'im Pavements to be constructed in connection with the Easement <br /> Purpose are referr c fo hereim�as"Improvements" and shall be constructed, located, <br /> configured--a mai. ambedl Grantee in strict accordance with the terms of this Easement <br /> Agree' e _a.d he OVERPASS Agreement. <br /> '2•-Grant. Grantor does hereby grant unto Grantee a non-exclusive easement("Easement") over <br /> the Premises le Easement Purpose and for no other purpose. The Easement is granted <br /> subject to a And all restrictions,covenants, easements, licenses, permits, leases and other <br /> encu bin ranee of whatsoever nature whether or not of record, if any, relating to the Premises <br /> and subject to all with all applicable federal, state and local laws, regulations, ordinances, <br /> restrictions, covenants and court or administrative decisions and orders, including <br /> Environmental Laws(defined below) and zoning laws (collectively, 'Laws"). Grantor may not <br /> make any alterations or improvements or perform any maintenance or repair activities within the <br /> Premises except in accordance with the terms and conditions of the OVERPASS Agreement. <br /> 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor <br /> and any other parties who may obtain written permission or authority from Grantor: <br /> (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and <br /> relocate any existing pipe, power, communication, cable, or utility lines and <br /> Form 105; Rev. 06/01/05 <br /> 1 <br /> 34 <br />
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