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1%12J77 JJM -A
<br />THIS AGREEMENT, executed in duplicate this 11th day of April 1977
<br />by and between MISSOURI PACIFIC RAILROAD COMPANY, a Missouri corporation, hereinafter
<br />called "Carrier ", and the CITY OF PARIS, a Municipal corporation of the State of
<br />Texas, hereinafter called "Licensee ", WITNESSETH;
<br />R E C I T A L S:
<br />In connection with its project to relieve undesirable
<br />flooding conditions in Paris, Texas, Licensee has requested
<br />permission of Carrier to construct a proposed drainage ditch,
<br />and to thereafter maintain the same on Carrier's property in
<br />the City of Paris, Texas, at Licensee's sole cost and expense.
<br />Carrier is agreeable to the foregoing but solely upon the terms
<br />and conditions hereinafter set forth.
<br />NOW, THEREFORE, in consideration of the premises and of the promises and agree-
<br />ments hereinafter contained, the parties hereto agree as follows:
<br />1. Carrier, solely to the extent of its right, title and interest, without
<br />any warranty, express or implied, hereby grants to Licensee, its successors and
<br />assigns, for the purposes and subject to the terms, conditions and reservations
<br />hereinafter set forth, license and permission to construct, and thereafter main-
<br />tain and use, the Licensee's proposed drainage ditch, hereinafter called "Drainage
<br />Facilities ", on, under, along and adjacent to a certain portion of Carrier's prop-
<br />erty, located in the City of Paris, Lamar County, Texas, in the Larkin Rattan
<br />Headright, beginning at the southerly end of an existing 42 -inch diameter culvert
<br />beneath Carrier's tracks at Chaining Station 4795+52, Mile Post 90.82, said portion
<br />of Carrier's property being hereinafter called "Premises ".
<br />Approximate locations of Premises and Drainage Facilities are indicated
<br />by green lines on Carrier's Southern District - Red River Division - Bonham Sub-
<br />division white print, File No. 1498 -214, dated October 28, 1976, at Houston, Texas,
<br />marked Exhibit A and attached hereto as part hereof.
<br />Carrier's grant of license and permission herein is limited to Carrier's
<br />right, title and interest in Premises and is made without any warranty of title,
<br />express or implied, and no damages shall be recoverable from Carrier because of
<br />any dispossession of Licensee, or because of failure of, defect in or extinction
<br />of Carrier's title. It is understood and agreed by the parties hereto that the
<br />license and permission herein given is granted subject to the existing prior- rights
<br />of any third parties, if any, and with the understanding that Licensee hereby agrees
<br />to exercise the herein granted rights in such a manner as not to interfere in any way
<br />with said existing prior rights. It shall be Licensee's sole obligation to obtain
<br />such additional permission, license and grants as may be necessary on account of
<br />any such existing prior rights.
<br />The license and permission herein granted
<br />ordinate to the right in Carrier, its successors and
<br />licensees, to construct, reconstruct, operate, use,
<br />ben-path or above Premises any telephone, telegraph,
<br />1
<br />EXHIBIT A
<br />to Licensee are subject and sub
<br />assigns, its lessees and
<br />maintain, repair and renew on,
<br />power and signal lines and poles,
<br />
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