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<br />OLD ACiCT.
<br />NEW ACCT. I&K
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<br />2. This grant is made subject and subordinate to the prior and continuing right and obligation of
<br />Railroad, its successors and assigns, to use all the property described herein in the performance of its duty
<br />as a common carrier and for that purpose there is reserved unto Railroad, its successors and assigns, the right
<br />(consistent with the rights herein granted) to construct, reconstruct, maintain and userexisting and future
<br />railroad tracks, facilities and appurtenances and existing and future transportation, communication and
<br />pipe line facilities and appurtenances in, upon, over, under, across or along said property.
<br />3. This grant is made subject to all license, leases, easements, restrictions, conditions, covenants,
<br />encumbrances, liens and claims of title which may affect said property and the word GRANT as used herein
<br />of I not be construed as a covenant against the existence of any thereof.
<br />4. The rights herein granted to Grantee shall lapse and become void if the construction or recon-
<br />struction of said highway upon mid property is not commenced within one (1) year from the date first herein
<br />"tten.
<br />S. This aunt shall not be construed as conveying or otherwise vesting in Grantee the right to install
<br />or the power to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or
<br />the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said
<br />Property. except as may be necessary for the maintcuance of aid highway.
<br />6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct,
<br />maintain and use mid highway upon said property from the governmental body or bodies having jurisdiction
<br />thereover.
<br />7. Except as herein otherwise provided, Grantee shall bear the entire cost and expense of constructing,
<br />reconstructing and maintaining said highway upon said properly. The crossing of said highway over any
<br />tracks of Railroad shall be constructed and maintained at the grade of said tracks now or hereafter existing.
<br />After the construction or reconstruction of said highway has been completed, Railroad shall maintain the
<br />portion of said highway between lines two (2) feet outside the rails of each track located thereon.
<br />g. Grantee agrees to reimburse Railroad for am' and all assessments which may be levied by order of
<br />any authorized lawful body against the property of Railroad (and which may have been paid by Railroad)
<br />to defray any part of the cost or expense incurred in connection with the construction or reconstruction of said
<br />highway upon mi� property commenced within one (1) year from the date first herein written.
<br />7. Should Grantee, its successors or assigns, at any time abandon the use of said property or any part
<br />thereof, or fail at any time to use the same for said purpose for a continuous period of one (1) year, the rights
<br />granted shall cease to the extent of the use so abandoned or discontinued, and Railroad, is successors or
<br />assigns, shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved,
<br />to resume exclusive possession of the sairl property, or the part thereof the use of which is so discontinued or
<br />abandoned. Upon termination of the rights hereby granted. Grantee agrees to remove said highway,in-
<br />eluding the paving, from will property of Railroad, to restore said property as nearly as practicable to the
<br />same state and condition in which it existed prior to the construction of said highway, and to bear the expense
<br />thereof. Should Grantee in such event fail, neglect or refuse to so remove said highway and restore said
<br />property, such removal and restoration may be performed by Railroad at the expense of Grantee, which
<br />expense Grantee agrees to pay to Railroad upon demand.
<br />10. This indenture shall inure to the benefit of and be binding upolt the successors and assigns of the
<br />parties hereto.
<br />IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their
<br />respective officers thereunto duly authorized as of the day and yeaf(irst alwve written. (IN DUPLICATE)
<br />1
<br />SOUTHE PAC .IC COUPANY
<br />�Y � •rC if�
<br />Attest
<br />A-5.5--aut becretary
<br />CITY O SAN LEANDRO� —�
<br />By_��U rC(
<br />AY1 42393 / ��� 1��` • /
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