upr000348 21

«*. ... • \ "IT* L.D. 28^5 t GRANT OF EASEMENT nr CONSIDERATION of the erun of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, LOS ANGELES & SALT LAKE RAILROAD COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY, Utah corporations, Grantors, hereby grant to LAS VEGAS VALLEY WATER DISTRICT, a public corporation of the State of Nevada, Grantee, its successors and assigns, right of way and easement for the construction, maintenance, operation, repair and replacement of water pipe lines and appurtenances and appurtenant work, under, upon and along the two strips of land hereinafter described and called "easement strips" which extend across the lands of the Grantors, The Grantee, its successors and assigns, their officers, agents and employees, or any contractor, his agents and employees, engaged by the Grantee, its successors and assigns, shall have the right to enter upon, pass and repass over and along, and to deposit tools, implements and Other materials on, said easement strips, whenever necessary for the purposes above set forth, except that the right of the Grantee and said persons to enter upon, pass and repass over and along said easement strips at and in the vicinity of railroad tracks, sig­nals and other appurtenant railroad operating facilities now or hereafter Intersecting, paralleling or extending along said easement strips shall be subject to reasonable regulations imposed by Grantors, their successors and assigns, from time to time restricting the time and manner of passing over the easement strips in the vicinity of said railroad operating facilities for the purpose of avoiding interruption of the operation of trains, engines and ears over said tracks or danger to persons and property, and provided further that no tools, implements or other materials shall at any time be placed upon said railroad tracks or so near thereto as to endanger trains, engines and cars or persons thereon operating upon said tracks. Except in case of emergency the District, its successors and assigns, shall not perform or cause to be performed any work upon said easement strips in the vicinity of said railroad tracks and appurtenant facilities until after 2k hours’ notice to Grantors, their successors and assigns, and in the ease of emer­gency, immediate notice of such work shall be given to the agents or em­ployees of the Grantors, their successors and assigns, who can be found nearest to the point of work. No existing pipe line maintained by Grantee, its successors and assigns, along said easement strips shall be raised above its present level, and the top of all new pipe lines or pipe lines replaced by them shall be placed at least four (h) feet below the surface of the ground. The easement herein granted is subject and subordinate to the right of the Grantors, their successors and assigns, to maintain, operate and renew existing railroad tracks and appurtenant facilities, and to con­struct additional railroad tracks and appurtenant facilities upon, under, over, along and across the easement stripes and Grantee, its successor® and assigns, shall not be entitled to remove or disturb said railroad tracks and appurtenant facilities for the purpose of constructing, maintain­ing, operating, repairing and replacing water pipe lines and appurtenances - 1 -