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13 <br /> EASEMENT <br /> utility lines, track and facilities including the right of ingress and egress in any such <br /> manner as does not unreasonably interfere with Grantee's use of the premises for said <br /> highway, and further reserving unto Grantor, its successors and assigns, all right and <br /> privilege of ingress and egress to said premises as Grantor, its successors and assigns <br /> may require to investigate and remediate environmental contamination and hazards, and <br /> further reserving the right and privilege to use said land for any and all purposes not <br /> inconsistent with the use thereof for said highway purposes. <br /> The foregoing easement is made subject to and upon the following express conditions: <br /> 1. To existing interests in the above-described premises to whomsoever <br /> belonging and of whatsoever nature and any and all extensions and renewals thereof, <br /> including but not limited to underground pipe line or lines, or any type of wire line or <br /> lines, if any. <br /> 2. Any and all cuts and fills, excavations or embankments necessary in the <br /> construction, maintenance, or future alteration of said highway shall be made and <br /> maintained in such manner, form and extent as will provide adequate drainage of and <br /> from the adjoining lands and premises of the Grantor; and wherever any such fill or <br /> embankment shall or may obstruct the natural and pre-existing drainage from such lands <br /> and premises of the Grantor, the Grantee shall construct and maintain such culverts or <br /> drains as may be requisite to preserve such natural and pre-existing drainage, and shall <br /> also wherever necessary, construct extensions of existing drains, culverts or ditches <br /> through or along the premises of the Grantor, such extensions to be of adequate sectional <br /> dimensions to preserve the present flowage of drainage or other waters, and of materials <br /> and workmanship equally as good as those now existing. <br /> 3. The Grantee shall bear the cost of removal, relocation or reconstruction of <br /> any and all right of way fences, telephone or telegraph poles, or other facilities, the <br /> removal, relocation or reconstruction of which may be made necessary by reason of the <br /> use of said premises for said highway purposes. <br /> 4. The Grantee shall, at its own cost and expense, make adjustment with <br /> industries or other lessees of Grantor for buildings or improvements that may have to be <br /> relocated, reconstructed or destroyed by reason of the construction and maintenance of <br /> said highway on said premises. <br /> 5. The parties acknowledge that BNSF Railway Company ("BNSF") is in <br /> negotiations with Grantor to acquire certain land covered by this easement which land is <br /> Page 2 of 10 pages Parcel No. 1-22125 <br />