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1 <br />g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br /> <br /> <br /> <br />EXHIBIT B <br />TO <br />PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT <br /> <br /> <br />SECTION 1. CONDITIONS AND COVENANTS <br /> <br />A. The Railroad makes no covenant or warranty of title for quiet possession or against <br />encumbrances. The Political Body shall not use or permit use of the Crossing Area for <br />any purposes other than those described in this Agreement. Without limiting the <br />foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad <br />purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's <br />property by or under authority of the Political Body for the purpose of conveying electric <br />power or communications incidental to the Political Body's use of the property for highway <br />purposes shall be constructed in accordance with specifications and requirements of the <br />Railroad, and in such manner as not adversely to affect communication or signal lines of <br />the Railroad or its licensees now or hereafter located upon said property. No nonparty <br />shall be admitted by the Political Body to use or occupy any part of the Railroad's property <br />without the Railroad's written consent. Nothing herein shall obligate the Railroad to give <br />such consent. <br /> <br />B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks <br />as may be required for its convenience or purposes. In the event the Railroad shall place <br />additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and <br />expense, modify the Roadway to conform with all tracks within the Crossing Area. <br /> <br />C. The right hereby granted is subject to any existing encumbrances and rights <br />(whether public or private), recorded or unrecorded, and also to any renewals thereof. <br />The Political Body shall not damage, destroy or interfere with the property or rights of <br />nonparties in, upon or relating to the Railroad's property, unless the Political Body at its <br />own expense settles with and obtains releases from such nonparties. <br /> <br />D. The Railroad reserves the right to use and to grant to others the right to use the <br />Crossing Area for any purpose not inconsistent with the right hereby granted, including, <br />but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, <br />alter, renew and replace tracks, facilities and appurtenances on the property; and the right <br />to cross the Crossing Area with all kinds of equipment. <br /> <br />E. So far as it lawfully may do so, the Political Body will assume, bear and pay all <br />taxes and assessments of whatsoever nature or kind (whether general, local or special) <br />levied or assessed upon or against the Crossing Area, excepting taxes levied upon and <br />against the property as a component part of the Railroad's operating property. <br />