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"
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<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.
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<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
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