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Ipq-i 14 <br /> facilities in the performance of its duties, including but not limited to, public use as <br /> a street and for the purpose of laying, installing, maintaining, repairing, protecting, <br /> replacing and removing sanitary sewers, water mains, storm drains, gas mains, <br /> poles, overhead and underground electric and telephone wires, electroliers, cable <br /> television and other utility and municipal uses together with appurtenanc�s thereof <br /> and with right of ingress and egress, along, over, across and in said Public Right- <br /> of-Way. No use of any Public Right-of-Way or other interest or property under this <br /> Agreement shall create or vest in RCN or any other public utility any ownership <br /> interest in the Public Right-of-Way, streets or other property or interest of City. <br /> Nothing in this Agreement shall be deemed to grant, convey, create, or vest a <br /> perpetual real property interest in land in RCN, including any fee or leasehold <br /> interest in land, easement, or any franchise rights. <br /> (c) This Agreement is made subject to all easements, restrictions, <br /> conditions, covenants, encumbrances and claims of title (collectively referred to as <br /> "Encumbrances") which may, as of the Effective Date, affect the Public Right-of- <br /> Way, and to the extent the Encumbrances are recorded with the San Mateo <br /> County Recorder's office, or to the extent that City or other person/entity has given <br /> RCN actual notice of the Encumbrances, or to the extent that RCN has actual <br /> notice thereby, it is understood that RCN, at its own cost and expense, shall obtain <br /> such permission as may be necessary, consistent with any other existing rights. <br /> Subject to the Provisions of this Agreement, City hereby licenses and permits RCN <br /> Aemt-374 <br /> Sh/RWGCouncil - 7 - <br /> FXS/fs <br /> 08/02/00 <br />