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

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v The crossing of said highway over any tracks of first party shall be constructed and maintained at the grade of said tracks now or hereafter existing. This grant is subject and subordinate to the prior and continuing right and obligation of first party and its successors to use and maintain its entire railroad right of way and property in performance of its public duty as a common carrier, and is also subject to the right and power of first party and its successors in interest or ownership of the said railroad right of way and property to use the said lands hereinabove described, or any and all parts thereof, for all purpose, which are consistent with the enjoyment of the easement for highway purposes herein granted to second party. Second party in consideration of this grant shall, at its own cost and expense, construct said highway on the premises hereinabove described; and should second party, its successors or assigns, at any time abandon the use of the said land or any part thereof, or fail at any time to use the same for said purpose for continuous period of one year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and first party shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved, to resume exclusive possession of the said land, or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, second party agrees, at its own cost and expense, to remove the highway, including the paving. from said premises of first party and restore said premises as nearly as prac- ticable to the same state and condition in which they existed prior to the construction of said highway. Should second party in such event fail, neglect or refuse to so remove said highway and restore said premises, such removal and restora- tion may be performed by first party at the expense of second party, which expense second party agrees to pay to first party upon demand. The rights and privileges hereby granted second party shall lapse and become void if not exercised within one (1) year from the date hereof. As a further consideration for this grant second party agrees to reimburse first party for any and all assessments which may be levied by order of any authorized, lawful body against the property of first party (and which may have been paid by first party) to defray any part of the cost or expense incurred by second party in connection with the con- struction, reconstruction, widening, rewidening andlor maintenance of said highway. This indenture shall not be construed as conveying or otherwise vesting in second party the right or power to author- ize the location or installation, or to issue permits or licenses or franchises for the location or installation, of any structures, fixtures or other facilities of any telegraph, telephone or electric power lines or of any ditches, pipes, drains, sewer or underground structures, under, along and over the lands hereinabove described. This instrument is subject to all valid and existing contracts, leases, liens or encumbrances or claims of title which may affect the said property, and the word GRANT as used herein shall not be construed as a covenant against the existence of any thereof. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective o§iicers thereunio duly authorized, the day and t,ar first above written. IN DUPLICATE Fora Approved: Contrast Wiorney Description Correct Division Engineer SOUTHERN PACIFIC COMPANY, By--- ----•--- ---- . Vice Pres dent Attest---------------------------------------------------------------------------- Assistant Secretary CM pB, SAID LSA=09 Attest- --- 1-------------........... Clark By---------------------------------------------------•-----•-----------------------------___-------- Attest----------------------------------------------------------------------------------------------