Vacations - Railroad Company Illinois Central Gulf, Railroad Company Illinois Central Gulf_5/12/1986.--.,. � » . - . . N .�,
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THIS INDENI'URE Witnesseth that the Grantor, the ILLINOIS CENfRAI. GULF
RAILROAD COMPANY, a Delaware Corporation, 233 North Michigan Avenue, Chicago,
111inois 60601, for and in consideration of the sum of TIIJ DOLCARS AND NO/100
DOLLT�F2S ($10.00) in hand paid and other valuable consideration, hereby conveys,
releases, remises and forever quitclaims to the Grantee,
GARDEN SPOT & OHIO PARTNERSHIP
all its right, title, interest and claim in and to the following described
lands and property situa*_ed in the County of Gibson and State of Indiana to
wit:
All that portion of the right of way and property of the Illinois Central Gulf
Railroad Company's "Newton, Illinois to Evansville, Indiana line" that extends
in a general southeasterly direction on, over and across a portion of GIBSON
COUN'PY, INDIANA, said right of way varying in width and irregular in shape
includes any and all trackage, buildings, fences, culverts, bridges and .
trestles, as well as all other Railroad owned improvements and fixtures
situated thereon, and is described as follows: Begin at the point where the
centerline of the main track of the aforesaid line of railroad intersects the
common "White County, Illinois - Gibson County, Indiana" line at approximate
Railroad Mile Post B-215.63 in the S/2 Section 28, T.3 S., R.19 W., Second
P.M., and run southeasterly on, over and across said S/2 Section 28, to the
South line of the SE/9 of said Section 28 at approximate Mile Post B-215.69,
being the common "Gibson County - Posey County" county line. Said property
also being referred to as "Rail Line".
GRANfOR reserves for itself, its successors and assigns, all coal, oil.,
gas and ores and any other minerals whether simi.lar-oc dissimi�ar c: �o:a kr.o�,�
to exist or hereinafter discovered of every kind in, on oc under Rail Line
together with the right at any time to explore, drill for, mine, remove and
market all such products in any manner which will not damage or interfere with
structures on the surface of said Rail Line. Should the exercise of this
Reservation require the construction of a crossing on, over, under or across
the railroad trackage existing upon the Rail Line at the time of construction,
then Grantee may require such company that desires to cross Grantee's railroad
trackage to execute a crossing license agreement with.Grantee similar in form
and substance to those Grantee shall have in force for similar crossings.
GRANPOR reserves for itself, its successors, and assigns the sole and
exclusive right to grant easements, licenses or leases for all longitudinal
occupations along Rail Line, more than 2 miles in length, incZuding but not
limited to the installation, operation, use and maintenance of fiber optic
cables, support structures and appurtenances thereto, including but not limited
to repeater stations (not to include more than 400 square feet at each site),
on, under, over and across the Rail Line, together with all reasonable right of
access to such installations, provided that any such easement, license, or
lease will not unreasonably interfere with Grantee's operation of rail service
on Rail Line. Grantor, its successors, and assigns shall retain sole and
exclusive control over si!ch rights g•ante� including t::e rigFt to rec2ive lump
sum or periodic payments therefrom. Grantor will not assume any responsibility
or liability for the acts or omissions of any of Grantor's grantees, licensees
or lessees. However, Grantor will require any of its grantees, Zicensees or
lessees to provide proof of reasonable liability coverage. . Grantee shall
covenant and agree not to do or cause to be done anything that will restrict or
interfere with the rights reserved by Grantor or any such interest granted by
Grantor on Rail Line and Grantee waives any.right to receive consideration or
other right in connection with such grants or to make any claim against Grantor
foc or on accoun*_ of zny grant made by Grantor arising out of the rights
reserved herein by Grantor. This covenant shall be binding upon the Grantee,
its successors, and assigns and shall run with the land conveyed.
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As a part of the consideration hereof, and in accepting this conveyance,
the Grantee agrees and binds itself to purchase, affix and cancel any and all
documentary stamps in the amount prescribed by statute, local law, or ordinance
and to pay any and all required transfer taxes and fees incidental to
recordation of this instrument.
IN WITNESS WHEREOF, ILLINOIS CENIitAL �UL� ppl�ppp ��p�,� the Grantor,
has caused these presents to be signed by its Vice President, and its
corporate seal, duly attested by its Assistant Secretary to be hereunto
affixed, they being thereunto duly authorized this
�o day of �
198�. �
ILLINOIS CEM'RAI, GULF RAILROAD CpMppNy
BY �
' R. A. ZRVINE '—
Vice President
ATTEST:
BY .�ti,
W. . SANDERS
Assistant Secretary
r,�_�r;n;,o,^.�A;�:,�o:-r:t .u/ I`h� i
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STATE OF ILLINOIS
SS
COUN7Y OF COOK
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I, the unciersigned, a Notary Public, in and for the County and State
aforesaid, Do Hereby Certify that R. A. Irvine, personally known to me to be
the Vice President of the ILLINOIS CENI'RAL GULF FAILROAD COMPANY, a Delaware
corporation and W. H. Sanders, personally known to me to be the Assistant
Secretary of said corporation and personally known to me to be the same
persons whose names are suLscribed to the foregoing instrument, appeared
kefore me this day in person znd se�,erally acknowledged under oath that as
such Vice President and Assistant Secretary, they signed and delivered the
said instn�nent as Vice President and Assistant Secretary of said corporation,
�nd caused the corporate seal of said corporation to be affixed thereto,
rnirsuant to authority given by the Board of Directors of said corporation as
rheir free and voluntary act and as ttie free and voluntary act and deed of
sair3 corForation, for the uses and purpases therein set forth.
Given under my hand and seal this _� day of �, 19�.
Ny Comnission Expire�:
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Descriptien A��roved:
Form Aoproved:
Jo
N tary Public
Joyce E. Lucas
Notary resides in Cook County
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THIS INSTAUMENf PREPARED BY:
J -E, l�v
Reil Estate De artment
ILLIA�I� CENTRAL GULF RAILROAD COMPANY
233 North Michigan Avenue
Chicago, Tllinois 60601
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