Laserfiche WebLink
PLEASE RECORD & RETURN TO: F — VI 3/14/79 — 30407 ".-21 <br />Ric_hard,H. West, City Cler'. <br />City of San Le4ndro I ALSO AS' IGNED <br />04835 East 14th Street ftm <br />Ir <br />80- 100 i <br />. San Leandro, California DEED <br />itLJ <br />AUDIT NO./I" <br />.�� <br />APPROVE EL S TO FORM BY G NERAL COUNS(N) <br />MARC 15.1 f <br />.D DOC -DUE AUDIT N <br />STREET OR HIGHWAY EASEMENT <br />r <br />R. H. WEST, CITY CLERK <br />!QLTY OF SAN LEANDRO <br />C.S.7362 <br />dig TiOrntnrr, made this 2nd day of July , 19 79 , by and between <br />SOUTHERN PACIFIC TRANSPORTATION COMPANY, <br />a Delaware corporation, herein called "Railroad and <br />CITY OF SAN LEANDRO, a municipal corporation of the State of California, <br />94577 <br />address: City Hall, 835 East 14th Street, San Leandro, CA/herein cabled "Grantee": <br />1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highway, <br />hereinafter termed "highway", upon and across the real property described on the attached Exhibit "A". <br />2. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and <br />twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and simi- <br />lar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranged <br />within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the <br />space above said plane. <br />3. This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the pro- <br />perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and <br />assigns, the right to construct, reconstruct, maintain, use and remove existing and future transportation, communication, <br />power and pipeline facilities in, upon, over, under, across or along said property. In the event Railroad trackage facilities <br />are removed from said property, Railroad shall not be obligated to make any change in the grade of said -highway, nor <br />shall such removal affect Railroad's title to the underlying property. <br />This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and <br />claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against the <br />existence thereof. <br />4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway is not <br />commenced within two (2) years from the date first herein written. <br />5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to authorize <br />the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone <br />or electric power lines in, upon, over, under, across or along said property, except as necessary for maintenance of said <br />highway. <br />6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said highway. <br />Any contractor performing work on the property herein described shall execute Railroad's standard form of contractor's <br />agreement prior to commencing any work on Railroad's premises. <br />7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and main- <br />taining said highway. The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the <br />grade of said tracks now or hereafter existing. After the construction or reconstruction of said highway has been completed, <br />Railroad shall maintain the surface of that portion of said highway between lines two (2) feet outside the rails of each track <br />located thereon. Should Railroad abandon tracks leading to said highway, Railroad may abandon its rails, ties and appurte- <br />nant materials and leave same in place. In such event, Railroad shall not be liable for maintenance of the portion of said <br />highway specified above. <br />8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by any <br />lawful body against the property of Railroad to defray any part of the expense incurred in connection with the construction <br />or reconstruction of said highway commenced within two (2) years from the date first herein written. <br />9. Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for said <br />purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so abandoned or <br />discontinued, and Railroad shall at once have the right, in addition to but not in qualification of the rights hereinabove re- <br />served, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. <br />Upon termination of the rights hereby granted, Grantee agrees to remove said highway, including the paving, from said <br />property of Railroad, to restore said property as nearly as practicable to the same state and condition in which it existed <br />prior to construction of said highway, and to bear the expense thereof. Should Grantee in such event fail, neglect or refuse <br />to so remove said highway and restore said property, such removal and restoration may be performed by Railroad at the <br />expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. <br />10. This indenture shall inure to the. benefit of and be binding upon the successors and assigns of the parties hereto. <br />11, Sections 12 to 17, inclusive, on the attached insert, are hereby <br />made parts of this indenture. <br />u <br />r <br />8 <br />IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and <br />year first herein written. <br />SOUTHERN PACIFIC TRANSPORTATION CITY OF SAN LEANDRO, <br />COMPANY, By r By �'- ► — - <br />ti Nla agar —� <br />onti�act ept. c/�' ch Dr <br />tt i�eSt: �fow By <br />1 ssistant Secretary Richard H. West City C1er <br />