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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law
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<br />After Recording, Mail To:
<br />City of San Leandro
<br />Attention: City Clerk
<br />835 East 14th Street
<br />San Leandro, CA 94577
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<br />______________________________________________________________________________
<br />(Space Above Reserved for County Recorder's Use)
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<br />UPRR Folder No. 3061-82
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<br />EASEMENT DEED
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<br />THIS Easement Deed is made this _______ day of ____________, 20____, between UNION
<br />PACIFIC RAILROAD COMPANY, a Delaware corporation ("Grantor"), and the CITY OF SAN
<br />LEANDRO, a municipal corporation or political subdivision of the State of California ("Grantee"),
<br />whose address is 835 East 14th St., San Leandro, California 94577.
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<br />Grantor for and in consideration of the sum of ONE THOUSAND SEVEN HUNDRED DOLLARS
<br />($1,700.00) and other valuable consideration, to it paid by Grantee, the receipt whereof is hereby confessed and
<br />acknowledged, grants to Grantee, its successors and assigns, a NONEXCLUSIVE EASEMENT ("Easement") on, along
<br />and/or over the property described in Exhibits A through D, attached and by reference made a part of this Easement
<br />Deed (the "Easement Area"), for the sole purpose of constructing, operating, maintaining and repairing an at-grade public road crossing over at or near Grantor's Mile Post 14.78 (DOT No. 749728V), on Grantor's Niles Subdivision in San Leandro, Alameda County, California.
<br />The Easement is granted for the purpose described above only. Without limitation of the foregoing, this grant does not include the right to install utilities of any nature, including, without limitation, fiber optic, cable television, electrical, gas or liquid distribution, or telephone lines.
<br />Grantor, its successors and assigns, reserves the right to construct at any and all times and to
<br />maintain railroad tracks and appurtenances, fiber optic or signal lines and facilities, pipe, telephone,
<br />and electric pole and wire lines, over, under and across the Easement Area, but in such a way as to
<br />not interfere with Grantee's use of the Easement; it being understood that the rights so reserved by
<br />Grantor, its successors and assigns, are retained along with the general right of Grantor, its
<br />successors and assigns, to use of the Easement Area for any purpose not inconsistent with Grantee's
<br />use of the Easement, including, but not limited to any and all general railroad purposes.
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<br />The Easement is granted subject to the terms and conditions contained in the separate
<br />Construction and Maintenance Agreement dated _____________________, as signed by Grantor
<br />and the City of San Leandro, and all outstanding leases, licenses and other outstanding rights,
<br />including, without limitation, those for pipe, telephone, electric and fiber optic lines and the right of
<br />renewals and extensions of the same, and subject also to all conditions, limitations, restrictions,
<br />encumbrances, reservations or interests of any person that may affect the Easement Area, whether
<br />recorded or unrecorded.
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