|
51
<br />5/30/74- JM -G
<br />THIS AGREEMENT, e_xacuted in duplicate, this day of
<br />1974, by and between THE TEXAS AND PACIFIC RAILWAY COMPANY, a Federal corporation,
<br />hereinafter called "Railroad ", and the CITY OF PARIS, a municipal corporation of the
<br />State of Texas, hereinafter called "Licensee ", WITNESSETH:
<br />R E C I T A L S :
<br />Licensee has requested of Railroad permission to establish
<br />and maintain a public road crossing, over certain lands of
<br />Railroad, in the City of Paris, Lamar County, Texas at 27th
<br />Street, to which Railroad is agreeable but solely upon the terms
<br />and conditions hereinafter set forth.
<br />NOW, THEREFORE, in consideration of the premises and of the promises and con-
<br />ditions hereinafter set forth, the parties hereto agree as follows:
<br />1. Railroad, solely to the extent of its right, title and interest, without
<br />any warranty, express or implied, hereby grants unto Licensee, its successors and
<br />assigns, license and permission to establish and construct, maintain and use a public
<br />highway and appurtenances (including drainage structures, paving and other necessary
<br />facilities) at grade, over, upon and across Railroad's existing tracks and a certain
<br />specific parcel or tract of Railroad's right of way lands situated in the G. W. Cox
<br />Headright, Lamar County, Texas, at 27th Street, in the City of Paris, approximately
<br />where shown by heavy blue lines on Railroad's Bonham Subdivision white print, file
<br />No. 104 -248, dated March 1$, 1971,., at Fort Worth, Texas, marked Exhibit "A ", attached
<br />hereto as part hereof.
<br />Railroad's grant herein is limited to Railroad's right,*title and
<br />interest in the premises affected and is made without any warranty of title, express.
<br />or implied, and no damages shall be recoverable from Railroad because of any dis-
<br />possession of Licensee or because of failure of, defect in, or extinction of Railroad's
<br />title.
<br />2. It is expressly agreed, however, that this license and permission is
<br />granted, solely, for the purposes above set out and if the Licensee, its successors
<br />or assigns, shall cease to use the aforesaid premises, or any part thereof, for said
<br />purposes, this license and permission, as to the portion or portions so abandoned,
<br />shall expire and terminate at the time each portion, if any, shall be so abandoned;
<br />whereupon, Railroad, its successors and assigns, shall have the same complete title to
<br />the land as though these presents had never been executed and shall have the right to
<br />re -enter thereon and to exclude therefrom Licensee, its successors and assigns.
<br />3. It is expressly understood and agreed by and between the parties hereto
<br />that this grant of right of way is made subject and subordinate to the rights of the
<br />Railroad, its successors, assigns, lessees and licensees, to maintain, operate and
<br />renew any telephone, telegraph, power and signal lines and poles, railroad tracks,
<br />roadways, pipe lines and any other facility of a similar or different character which
<br />are presently located on, under or over the hereinabove - described premises, or as
<br />relocated in accordance with any provisions which may be contained herein providing
<br />for such relocation.
<br />EXHIBIT A
<br />
|