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Form C-1 Approved as to form by General Counsel ald May 7, 1993 <br />Rev. 04/23/92 L-17.9 •5 (2-5-96) <br />Page 1 of 5 <br />RELMIS: L-17.9 <br />THIS INDENTURE, made this 5th day of February, 1995, by and <br />between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware <br />corporation, herein termed "Railroad," and CITY OF SAN LEANDRO,a <br />public agency, address: 835 East Fourteenth Street, San Leandro, <br />California 94577, herein termed "Grantee"; <br />WITNESSETH: <br />1. Railroad hereby grants to Grantee, subject to the <br />reservations, covenants and conditions herein contained, the right <br />to reconstruct, maintain and operate a 15-inch storm drain, <br />hereinafter referred to as "structure," in, upon, along, across and <br />beneath property and tracks of Railroad, at or near City of San <br />Leandro, station of Robert, in the County of Alameda, State of <br />California, crossing the centerline of said tracks at Engineer's <br />Station 885+43, Milepost L-17.9, in the location shown on the print <br />of Railroad's Drawing C.E. 08, Sheet No. 1, dated April 6, 1995, <br />attached and made a part hereof. <br />Said structure shall be installed in accordance with minimum <br />requirements of Form C. S. 1741, also attached and made a part <br />hereof. <br />Upon execution hereof, Grantee shall pay Railroad the sum of <br />Six Hundred Ten Dollars ($610) partially to defray cost of <br />handling. <br />In addition, as monetary consideration for the rights herein <br />granted, Grantee shall pay to Railroad the sum of Twenty-five <br />Hundred Dollars ($2,500). <br />2. Project markers in form and size satisfactory to Railroad, <br />identifying the facility and its owner, will be installed and <br />constantly maintained by and at the expense of Grantee at Railroad <br />property lines or such locations as Railroad shall approve. Such <br />markers shall be relocated or removed upon request of Railroad <br />without expense to Railroad. <br />Absence of markers does not constitute a warranty by Railroad <br />of no subsurface installations. <br />3. There is reserved unto Railroad, its successors and <br />assigns and anyone acting with the permission of Railroad the right <br />(consistent with the rights herein granted) to construct, recon- <br />