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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law <br /> 1 <br /> <br />UP Real Estate Folder No.: 3061-82 <br />Agreement Number ___________________ <br /> <br /> <br />PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT <br /> DAVIS STREET <br />DOT NUMBER 749728V <br />MILE POST 14.78- NILES SUB <br />SAN LEANDRO, ALAMEDA COUNTY, CALIFORNIA <br /> <br />THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of <br />___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD <br />COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 <br />Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and the CITY OF <br />SAN LEANDRO, a municipal corporation or political subdivision of the State of California to <br />be addressed at 835 East 14th Street, San Leandro, CA 94577 ("Political Body"). <br />RECITALS: <br /> <br /> <br />The Political Body desires to undertake as its project (the “Project”) the installation of two off-quadrant flashing light mechanisms with backlights and bells at the existing Davis Street at-grade public road crossing, DOT Number 749728V at Railroad’s Milepost 14.78 <br />on Railroad’s Niles Sub at or near San Leandro, Alameda County, California (the <br />“Roadway”). The portion of the Roadway within the Railroad’s property is hereinafter <br />referred to as the “Crossing Area.” The Crossing Area is shown on the print marked <br />Exhibit A attached hereto and hereby made a part hereof. <br /> By instrument dated December 3, 1988, Southern Pacific Transportation Company <br />and the Political Body entered into an agreement (the “Original Agreement”) covering the <br />construction, use, maintenance and repair of an at grade public road crossing over Davis <br />St., DOT Number 749728V at Railroad’s Milepost 14.78 on Railroad’s Niles Sub at or near <br />San Leandro, Alameda County, California. <br />The Railroad named herein is successor in interest to Southern Pacific <br />Transportation Company. <br /> <br />The Railroad and the Political Body are entering into this Agreement to cover the above. <br /> The right of way granted by Southern Pacific Transportation Company to the <br />Political Body under the terms of the Original Agreement or a separate document is not