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RECORDING REQUESTED BY I_ RAF - VI - 2/28/77 - 30407/323-21 ��. A ^ 3 N 59 <br />\ <br />17 1 :8,; S <br />AND WHEN RECORDED MAIL TO <br />Name 7 7 <br />Street <br />Address <br />City <br />State L <br />Zip _J <br />THIS INDENTURE, made this 18th <br />SPACE ABOVE THIS LINE FOR RECORDER'S USE <br />Mile Post D-16.5-X(N) <br />day of April , 19771 <br />by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware <br />corporation, herein called "Railroad", and CITY OF SAN LEANDRO, a <br />municipal corporation of the State of California, address: City Hall, <br />San Leandro, California, herein called "Grantee"; <br />WITNESSETH: <br />1. That Railroad hereby grants to Grantee the right to construe <br />reconstruct, maintain and use a bicycle pathway, hereinafter termed <br />"pathway", upon and across the real property described on the <br />attached Exhbit "A". The property described in said Exhibit "A" is <br />shown on the print of Railroad's Western Division Drawing E-1777, <br />Sheet No. 1, revised December 133, 1976, attached and made a part <br />hereof. <br />Railroad, at the expense of Grantee, will remove fifty feet (50' <br />of track and relocate the track bumper. Grantee agrees to reimburse <br />Railroad for all cost and expense incurred by Railroad in connection <br />therewith. <br />Grantee, at Grantee's expense, shall install paving for the <br />said pathway, including the track areas. <br />2. The rights herein granted are expressly limited vertically <br />and shall not extend beyond a plane parallel with and twenty (20) <br />feet above the roadway surface of the pathway as originally con- <br />structed, except that lighting fixtures and similar highway appurte- <br />nances may extend above said plane, provided that any such facilities <br />will be removed or rearranged within thirty (30) days after notifica- <br />tion from Railroad that such facilities interfere with Railroad's <br />intended use of the space above said plane. <br />3. This grant is subject and subordinate to the prior right of <br />Railroad, its successors and assigns, to use all the property de- <br />scribed in the performance of its duty as a common carrier, and there <br />-1- <br />