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BUILDING AMERIW <br />UPRR Folder No.: 2269-86 <br />Agreement Number <br />PUBLIC ROAD AT -GRADE CROSSING <br />AGREEMENT <br />Hudson Lane — DOT No.: 834 260X <br />UPRR Mile Post 15.70 — Oakland Subdivision <br />San Leandro, Alameda County, California <br />THIS AGREEMENT is made and entered into as of the 4 day of , 200__S <br />by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be <br />addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 <br />(the "Railroad") and the CITY OF SAN LEANDRO, a municipal corporation of the State of <br />California, to be addressed at 835 East 14th Street, San Leandro, CA 94577 (the "Political Body"), <br />RECITALS: <br />The Political Body desires to undertake as its project (the "Project"): <br />the construction of the new Hudson Lane at -grade public road crossing, DOT No. 834 260X, at <br />Railroad's Mile Post 15.70 on it's Oakland Subdivision, in or near San Leandro, Alameda <br />County, California (the "Crossing Area") as the Crossing Area is shown on the location print <br />marked Exhibit A, and the detailed print marked Exhibit A-1, with each exhibit being attached <br />hereto and hereby made a part hereof. <br />• Under this Agreement, the Railroad will be granting a right of way right to the Political Body <br />to facilitate the construction of the new road crossing. The portion of Railroad's property <br />that Political Body needs a right to use in connection with the road crossing is shown on the <br />print marked Exhibit A-3 and also described in the legal description marked Exhibit A-2, <br />with each exhibit being attached hereto and hereby made a part hereof (the "Crossing Area"). <br />• The Railroad has agreed to permit the Project on the terms and conditions set forth herein as <br />required and ordered by the California Public Utilities Commission (CPUC) attached hereto <br />as Exhibit E and hereby made a part hereof. <br />The Railroad and the Political Body are entering into this Agreement to cover the above. <br />AGREEMENT: <br />NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: <br />Public Road At -Grade Crossing Agreement Articles of Agreement October 6, 2005 <br />Form Approved, AVP -Law — 3/10/05 Page 1 of 5 <br />