Easement - Marina Blvd, easement - File 224E, 1948

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RJL - 12-11-47 - VII (92499/323-3) SOUTHERN PACIFIC COMPANY (Approved as to Form by General Counsel May 16, 1946) STREET OR HIGHWAY AGREEMENT o4to Inbruturk, made this /P( between SOUTHERN PACIFIC COMPANY, a corporation Delaware, herein called first day of ,19 of t late o �m Pa 9 and CITY OF SCAN LEANDRO, a municipa; dorporation of the State of California, herein called econd party. ttttp011Pt4; That first party hereby grants to second party (subject to the conditions hereinafter contained) the right to construct, maintain and use a street or a highway upon and across th at certain parcel of land situate in the County of Alameda , State of California, and lying within the railroad right of way of first party, and more particularly described as follows and shown tinted yellow on attached print of Western Division Drawing M-1033, dated October 10,1947. All that certain piece or parcel of land situate, lying and being In the Rancho San Leandro, County of Alameda, State of California described as follows: BEGINNING at the point of intersection of the northeasterly pro- longation of the northwesterly line of West Avenue 129, formerly �Nllliams Street, 60 feet Tide, witA the southwesterly line of the parcel of land firstly described in the deed dated June 22, 1878,Theodore LeRoy to the Bay and Coast Railroad Company, recorded June 25, 1878 in Book 163 of Deeds, page 234, Alameda County Records; thence North-- easterly along said northeasterly prolongation of the northwesterly line of said West Avenue 129, a distance of 60 feet to a point in the north- easterly line of the parcel of land firstly described in said deed dated June 22, 1878; thence South 27°30' East along said northeasterly line of said parcel of land, 60 feet to a point in the southewesterly pro- longation of the southeasterly line of West Avenue 129, formerly Williams Street; thence Southwesterly along said southwesterly prolonga- tion of the southeasterly line of Wiest Avenue 129, a distance of 60 feet to a point in the southwesterly line of the said parcel of land firstly described in said deed dated June 22, 1878; thence North 27030' Vest, along the last said southwesterly line, 60 feet to the point of beginning. Second party expressly agrees that it shall not widen or improve the existing crossing across the tracks of first pasty at this location until second party has secured the necessary authority for such widening or improvement from the Public Utilities Commission of the State of California and further agrees that all expense incident to such widening or improvement (including any crossing protection required by said Public utilities Commission of the State of California) shall be borne, assumed and paid by second party. Second party shall maintain said crossing as it now exists and as It may exist after the widening and improvement provided for above; provided, however, that Railroad at its own expense shall maintain that portion of said crossing lying within lines two (2) feet outside of the outside rails of the tracks of first party.