Agmt 2003 Union Pacific Railroad Company

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~~,~~ n,~„Wny ~ ~s5 ,,~ „b, ~, ~,. UP Real Estate Folder No.: 2105-51 xorm Approved, AVP-Law 1 Agreement Number NEW PUBLIC III~~WkY CRQSS~N~ AGREEMENT Marina Boulevard Mile Post 15.50 -Niles Subdivision San Leandro, Alameda County, California THIS AGREEMENT is made and entered into as of the 6th day of _ J anua r y , 2003 , by and between U1~1ION PACIFIC R ~.TI,R®~ C®NIPANY, a Delaware corporation to be addressed at Real Estate Department, 1800 Farnam Street, Omaha, Nebraska 68102 (the "Railroad") and (the) CI1'~' OF SAN I.EAiNDRO, a municipal corporation of the State of California to be addressed at 835 East 14th Street, San Leandro, CA 94577 {the "Political Body"), RECITALS: The Political Body desires to undertake as its project the reconstruction and widening of the existing Marina Boulevard at-grade public road crossing (hereinafter the "Project"). The Political Body desires the right to use for the Project that portion of the right-of--way of the Railroad located in San Leandro, Alameda County, California at Mile Post 15.50 on Railroad's Niles Subdivision (the "Crossing Area") shown on the prints and legal description, marked Exhibit A attached hereto and hereby made a part hereof. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1- RAILROAD GRAN'F5 RIGHT For and in consideration of the compensation to be paid by the Political Body as set forth in Article 2 and in further consideration of the Political Body's agreement to perform and abide by the terms of this Agreement, including Exlu'bits A, B, B-1 and C, attached hereto and hereby made a part hereof, the Railroad hereby grants to the Political Body, the right to establish, construct, maintain, repair, renew, and use a public highway at grade over and across the Crossing Area, together with the right of entry to control and remove from the Railroad's right-of--way - on each side of the Crossing Area, the weeds and vegetation which may obstruct the view of motorists approaching the Crossing Area to any trains that may also be approaching the Crossing Area. ARTICLE 2 - COMPENSATION Ln consideration of the rights granted herein, the Political Body hereby agrees to pay to the Railroad the sum of EIGHTEEN THOUSAND ONE HUNDRED DOLLARS ($18,100.00), upon the execution and delivery of this Agreement. ARTICLE 3 - CONTRACTOR'S RIGHT OF ENTRI' AGREEMEItrI' -INSURANCE A. if the Political Body will be hiring a contractor or contractors to perform any work involving the Project (including initial construction and any subsequent relocation or maintenance and repair work), the Political 2105-51 C;ty of San Leandro, CA Page 1 November 20, 2(x32 Marina Boulevard