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THIS AGREMUMT, made this day o 6 _ '1947, <br />between SOLTMRN PACIFIC COIMPANYY, a eorpor:•tion of the State of <br />Delaware, first party, herein called "Railroad," and CITY OF SAN <br />LEANDRO, a municipal corporation of the State of California, second <br />party, herein called "City"; <br />WITNESSETH: <br />1. railroad hereby grants, without warranty or implied <br />covenant, to City, subject to the conditions and limitations herein <br />contained, the right to construct, reconstruct, maintain and use <br />two (2) twenty-one inch (21") A.T.S.M.-C-76-41 extra strength concrete <br />sewer pipes encased in a sixty inch (6011) corrugated culvert (herein- <br />after termed "structures"), across all that certain piece or parcel <br />of land situate, lying and being in Section 3, Township 3 South, Range <br />3 ',;est, M.D.B. & M., County of "ameda, .State of California, described <br />as follows: <br />Being a strip of land 10 feet in width lying <br />equally 5 feet on each side of the center line of <br />'hest Avenue 132nd ( formerly First Avenue) and across <br />the original 30 foot wide right of way as granted to <br />the Bay and Coast Railroad Company. <br />Said strip of land is in the location shown in <br />yellow on print of Western Division Drawing 11-1027, <br />Sheet No. 1, dated September 20, 1947, hereto attached <br />and made a part hereof. <br />2. Railroad reserves and the City hereby grants to Railroad <br />the right at any time to make connections to said structures. <br />3. City shall, at its sole cost and expense, furnish all labor, <br />materials, tools and implements, and perform all work of installing <br />said structures, which shall be installed beneath Railroad's tracks <br />at a depth of approximately sixteen (16) feet below bottom of ties <br />and for a distance of forty-five (45) feet northeasterly and seventy- <br />five (75) feet southwesterly of the center line of Railroad's track. <br />4. Said structures shall be installed and maintained by the <br />City in accordance with plans which shall be subject to the approval <br />of Railroad. <br />5. Railroad shall provide such inspectors, watchmen or flagmen <br />-1- <br />