New Search
i <br /> I ' <br /> After Recording, Return To: <br /> D a 0 <br /> ~ ~ <br /> Space Above This Line for County Recorder's Use. <br /> UPRR Folder No.: <br /> HIGHWAY GRANT <br /> i THIS INSTRUMENT is made this day of , 200 , by <br /> <br /> I and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, formerly <br /> known as Southern Pacific Transportation Company, a Delaware corporation (the <br /> "Grantor"), and the CITY OF EUGENE, a municipal corporation of the State of Oregon (the <br /> "Grantee"): <br /> 1. Grantor, for and in consideration of the sum of FOURTY-TWO THOUSAND <br /> DOLLARS ($42,000.00) and in consideration of the mutual covenants contained herein, <br /> hereby grants to Grantee, its successors and assigns, subject to the conditions herein <br /> contained, the right to construct, maintain, repair, operate, reconstruct and renew an <br /> at-grade public highway crossing for 8th Street in Eugene, Lane County, Oregon, on, along, <br /> and across the property described in Exhibit A, hereto attached and hereby made a part <br /> hereof, (the "Property"). <br /> 2. This grant is subject to (i) the terms and conditions of the separate <br /> agreement between the Grantor and Grantee dated ,covering <br /> (Date of C&M Agreement} <br /> the construction and maintenance of the at-grade crossing and (ii) all prior and outstanding <br /> licenses, leases, easements, restrictions, conditions, covenants, liens and claims of title <br /> which may affect the Property, whether recorded or unrecorded, and the word "grant" as <br /> used herein shall not be construed as a covenant against the existence of any thereof. <br /> 3. This grant is made subject to the prior and continuing right and obligation of <br /> Grantor, its successors and assigns, to use all the Property in the performance of its duty <br /> as a common carrier, and there is reserved unto Grantor, its successors and assigns, the <br /> right (consistent with the rights herein granted) to construct, reconstruct, maintain, repair, <br /> use and operate existing and future transportation, communication and pipeline facilities <br /> File Reference ~ Page 1 Exhibit D <br /> Form of Highway Grant <br /> Yo Public Road Crossing Agreement <br /> <br />